Regular Session 2011-2012 Senate Bill 874 P.N. 890

PRINTER'S NO. 890

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

874

Session of

2011

INTRODUCED BY EICHELBERGER, WOZNIAK, ROBBINS, ERICKSON AND BLAKE, MARCH 22, 2011

REFERRED TO LOCAL GOVERNMENT, MARCH 22, 2011

AN ACT

Reenacting and 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."

TABLE OF CONTENTS

ARTICLE I

PRELIMINARY PROVISIONS

Section 101. Short Title.

Section 102. Definitions.

Section 103. Excluded Provisions.

Section 104. Construction of Act Generally to Preserve Existing

Situations.

Section 105. Constitutional Construction.

Section 106. Construction of References.

Section 107. Cities to Which Act Applies.

Section 108. Effective Date.

Section 109. Publication of Notices.

ARTICLE II

PROCEDURES FOR INCORPORATION

Section 200. Definitions.

Section 201. Creation of Cities.

Section 203.1. Incorporating Resolution.

Section 204. Resolution Certified to County Board of Election;

Form of Question.

Section 204.1. Notice of Election.

Section 205. Returns of Election.

Section 206. Effect of Vote Against Incorporating as a City.

Section 207. Governor to Issue Letters Patent; Boundaries.

Section 208. Property of Entities Vested in City.

Section 209. Existing Governments Temporarily Preserved; City

Organization.

Section 210. Existing Liabilities, Debts and Claims Transferred

to New City.

ARTICLE III

CHANGE OF CORPORATE TITLE

Section 301. Resolution and Petition to Change Corporate Title.

Section 302. Hearing; Decree.

Section 303. Recording Decree.

Section 304. Existing Rights and Liabilities Preserved.

ARTICLE IV

CREATION AND DIVISION OF WARDS

Section 401. General Power of Council in Creation or Division

of Wards.

Section 401.1. Petition of Registered Voters.

Section 402. (Reserved).

Section 403. Appointment of Commission.

Section 403.1. Expenses of Commissioners.

Section 403.2. Report.

Section 404. Election.

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Section 405. Notice of Election; Review of Report.

Section 406. Election Laws to Apply.

Section 407. Computing Vote; Return; Resubmission of Question.

Section 408. Change of Ward Lines by Council.

ARTICLE VI

CITY BOUNDARIES

Section 601. Navigable Stream Boundaries.

Section 602. Court to Establish Disputed Boundaries.

Section 603. Petition to Court; Commissioners; Report.

Section 604. Exceptions and Procedure.

Section 605. Pay and Expenses of Commissioners.

Section 606. Boundary Monuments.

ARTICLE VII

ELECTED OFFICERS AND ELECTIONS

Section 701. Elected Officers; Term; Eligible to Reelection;

Vacancies Where Elected Officer Fails to Qualify.

Section 702. First Elections in Newly Created Cities.

Section 703. Nominations and Elections.

Section 704. Certificates of Election.

ARTICLE VIII

VACANCIES IN OFFICE

Section 801. Vacancies in Council and Office of Mayor.

Section 802. Vacancy in Office of Controller or of Treasurer.

ARTICLE IX

GENERAL PROVISIONS RELATING TO CITY

OFFICERS AND EMPLOYES

Section 901. Appointment and Removal of Officers and Employes;

Removal From Elective Office; Employes Not to Hold

Elective Office.

Section 902. Officers and Employes; Number; Duties;

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Compensation.

Section 903. Changes in Salary, Compensation and Emoluments of

Officers.

Section 904. Offices to be Held until Qualification of

Successors.

Section 905. Oath of Office; Violation of Oath; Penalty.

Section 906. Bond to be Given by Officers and Agents.

Section 907. Surety Bonds; Insurance; Premiums.

Section 908. Officers not to Become Surety on Bonds Given to

City; Penalty.

Section 909. Moneys and Accounts to be Delivered by Officer to

Successor.

Section 916. Pennsylvania League of Cities and Municipalities

and Other Municipal Affairs Organizations.

Section 917. Powers of Subpoena; Compelling Testimony.

Section 918. Consolidation or Integration of Fire and Police

Personnel Prohibited.

Section 919. Limitation Upon Employe Witnesses.

ARTICLE X

THE COUNCIL

(a) General Provisions

Section 1001. Qualifications of Council Members.

Section 1002. Vesting of Legislative Power.

Section 1003. Organization of Council.

Section 1004. Oath of Council Members; Quorum; Rules.

Section 1005. Meetings of Council; Notice; Participation by

Telecommunication Device.

Section 1015. Attendance of Witnesses and Production of Books

Before Council or Committee of Council.

Section 1016. Salaries.

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Section 1016.1. Appointment of City Clerk.

(a.1) Ordinances

Section 1018.1. Ordinances and Resolutions.

Section 1018.2. Voting; No Veto; Vote Necessary to Enact

Ordinances or Adopt Resolutions.

Section 1018.3. Journal of Proceedings; Recording and

Withholding of Vote.

Section 1018.4. Signing and Attesting Ordinances.

Section 1018.5. Proposed Ordinances; Titles.

Section 1018.6. Reading of Proposed Ordinances; Final

Enactment.

Section 1018.7. Payments not Authorized by Law.

Section 1018.8. Time of Taking Effect of Ordinances.

Section 1018.9. Publication of Proposed Ordinances.

Section 1018.10. Filing of Proposed Ordinances.

Section 1018.11. Records of Ordinances Maintained by the City

Clerk.

Section 1018.12. Proof and Evidence.

Section 1018.13. Standard or Nationally Recognized Codes.

Section 1018.14. Maps, Plans or Drawings.

Section 1018.15. Codification of Ordinances.

Section 1018.16. Enforcement of Ordinances; Recovery and

Payment of Fines and Penalties.

Section 1018.17. Penalty.

(b) Initiating Ordinances by Electors

Section 1030. Initiation of Proposed Ordinances by Petition;

Exceptions.

Section 1031. Petition; Notice.

Section 1032. Signing; Oath.

Section 1033. Number of Signatures; Examination and Certificate

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by City Clerk.

Section 1034. Submission to Council.

Section 1035. Actions by Council; Notices.

Section 1036. Form of Ballot on Submission to Vote.

Section 1037. Effect of Majority Vote.

Section 1038. No Repeal Within Two Years.

Section 1039. Number of Proposed Ordinances to be Submitted;

Elections Limited.

Section 1040. Submission for Repeal by Council.

Section 1041. Publication of Proposed Ordinance; Repeal or

Amendment.

Section 1050. Time Ordinances Go Into Effect.

Section 1051. Petition; Reconsideration of Ordinance.

Section 1052. Preparation of Petition by City Clerk; Notice.

Section 1053. Additional Petitions.

Section 1054. Signatures; Oath; Time of Signing.

Section 1055. Presentation of Petition to Council.

Section 1056. Ascertainment of Number of Signers; Report.

Section 1059. Effect of Petition; Submission to Voters.

Section 1060. Certification to County Board of Elections;

Ballots or Ballot Labels; Expense of Elections.

Section 1061. Form of Ballot or Ballot Label.

Section 1062. Computing and Filing Returns.

Section 1063. Effect of the Vote.

Section 1064. Publication of Ordinance Before Election.

ARTICLE XI

THE EXECUTIVE DEPARTMENT

Section 1101. Executive Departments.

Section 1102. Determination of Powers and Duties of

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Departments.

Section 1103. Designation of Department Directors; Changes.

Section 1104. Department Directors Responsible for City

Property and Supplies; Perpetual Inventory Reports.

Section 1105. Quarterly Reports from Directors of Departments.

ARTICLE XII

THE MAYOR

Section 1201. Qualifications.

Section 1202. Chief Executive; Inauguration.

Section 1203. Execution of Laws; Powers of Sheriff Conferred;

Emergency Powers.

Section 1204. Official Seal of Mayor.

Section 1205. Supervision of Conduct of City Officers.

Section 1206. Report of Mayor to Council; Information from

Directors of Departments.

Section 1207. Power to Take Acknowledgments and Oaths and to

Formalize Marriages.

Section 1208. Salary.

Section 1209. Acting Mayor; Powers and Duties.

ARTICLE XIII

CITY ADMINISTRATOR OR MANAGER

Section 1301. Office of City Administrator or Manager.

Section 1302. Appointment; Selection; Removal.

Section 1303. Employment Agreement.

Section 1304. Residency; Elective City Office.

Section 1305. Powers and Duties.

ARTICLE XIV

THE CITY TREASURER

Section 1401. Qualifications.

Section 1402. Bond; Insurance; Salary.

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Section 1402.1. City Treasurer to be Tax Collector.

Section 1402.2. Date of Delivery of Duplicate; Collection.

Section 1402.3. Tax Liens; Schedule of Uncollected Taxes;

Liability for False Return.

Section 1403. Receipt and Payment of Moneys; Daily Transmittal

of Receipts; Duplicates.

Section 1404. Method of Keeping Accounts.

Section 1405. Moneys Appropriated Only to be Paid Out.

Section 1406. Depositories of City Funds Entrusted to the

Treasurer by City Council.

Section 1407. Delivery of City Property in His or Her

Possession to Successor.

Section 1408. Appointment of Deputy Treasurer and Employes;

Powers; Responsibility.

ARTICLE XV

THE CITY ENGINEER

Section 1501. Appointment of City Engineer.

Section 1502. Control of Engineering Matters.

Section 1503. Duties.

Section 1504. Certifying Commencement and Completion of

Municipal Improvements.

Section 1505. Surveys; Entering Upon the Lands of Others.

ARTICLE XVI

THE CITY SOLICITOR

Section 1601. Appointment of City Solicitor.

Section 1602. Direction of Legal Matters.

Section 1603. Duties.

Section 1604. Written Opinions to be Furnished.

Section 1607. Satisfaction of Liens Due City.

Section 1609. Assistant Solicitor.

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Section 1610. Special Counsel.

ARTICLE XVII

THE CITY CONTROLLER

AND INDEPENDENT AUDITOR

(a) City Controller

Section 1701. Qualifications; Bond; Compensation.

Section 1704. Powers and Duties.

Section 1704.1. Deputy Controller; Employes.

Section 1704.2. Temporary Deputy Controller.

Section 1704.3. Continuation of Office.

(b) Independent Auditor

Section 1704.11. Appointment of an Independent Auditor.

Section 1704.12. Powers and Duties of the Independent Auditor.

Section 1705. Annual Report to Council; Filing Copy in Court

and Appeal.

ARTICLE XVIII

ACCOUNTS AND FINANCES

Section 1801. Fiscal Year.

Section 1802. Chief Fiscal Officer; Bond; Administering Oaths.

Section 1803. Deputy.

Section 1804. Regulations Concerning Appropriation.

Section 1804.1. Investment of City Funds.

Section 1805. Countersigning Documents; Money Available;

Evidence Required.

Section 1806. Record of Assets, Property, Trusts, Debts Due,

Receipts and Expenditures.

Section 1807. Supervision of Accounts of Departments.

Section 1808. Suggestions for Improvement of City Finances.

Section 1809. Annual Budget; Presentation to Council; Notice;

Revision; Adoption.

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Section 1810. Amending Budget; Notice.

Section 1811. Appropriations; Tax Rate; Limitations.

Section 1811.2. Borrowing in Anticipation of Current Revenue.

Section 1812. Annual Reports; Publication; Filing Report with

Department of Community and Economic Development;

Penalty.

Section 1813. Committee to Prepare Uniform Forms.

Section 1814. Annual Reports to Council on Insurance and Bonds.

ARTICLE XIX

CONTRACTS

Section 1901. Power to Make and Regulate the Awarding of

Contracts.

Section 1901.1. Contracts or Purchases in Excess of Twenty-five

Thousand Dollars.

Section 1901.2. Contracts or Purchases Not in Excess of Twenty-

five Thousand Dollars.

Section 1901.3. Determining Amount of a Contract.

Section 1901.4. Contracts or Purchases Not Requiring

Advertising or Bidding.

Section 1901.5. Receipt, Opening, Award or Rejection of Bids.

Section 1901.6. Bid, Performance and Payment Security.

Section 1901.7. Compliance With Other Laws.

Section 1901.8. Prohibitions.

Section 1901.9. Lowest Responsible Bidder.

Section 1902. Evasion of Advertising Requirements.

Section 1906. Designation of Appropriations; Certification in

Excess of Appropriation; Contracts for Governmental

Services for More than One Year.

Section 1908.1. Purchase Contracts for Petroleum Products; Fire

Company, Etc., Participation.

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Section 1909. Separate Bids for Plumbing, Heating, Ventilating

and Electrical Work, Elevators and Escalators.

Section 1910. Acceptance by Contractor of Workers' Compensation

Act.

Section 1911. Contracts for Improvements; Assignment of

Assessments.

Section 1912. Architects and Engineers in Employ of City;

Prohibitions from Bidding on Public Works; Penalty.

Section 1916. Contracts with Passenger or Transportation

Companies.

Section 1917. Sales of Real and Personal Property.

Section 1919. Sale of Real and Personal Property to Certain

Entities.

ARTICLE XX

POLICE FORCE

Section 2001. Appointment, Number, Rank, Compensation and

Qualifications of Police Officers.

Section 2002. Designation of Chief and Other Officers.

Section 2003. Extra Police Officers; Compensation.

Section 2005. Powers of Police Officers to Arrest.

Section 2006. Service of Process; Fees; Payment into Treasury.

Section 2007. Supervision by Mayor.

Section 2008. Extra Compensation Prohibited; Exception;

Penalty.

Section 2009. Compensation or Insurance for Volunteer Police

Officer.

Section 2010. School Crossing Guards.

ARTICLE XXI

FIRE BUREAU

Section 2101. Organization of Fire Bureau; Maintenance;

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Apparatus.

Section 2101.1. Appointment and Demotion of Fire Chief and

Deputy Fire Chief.

Section 2102. Paid Bureau; Election of Officers and Companies.

Section 2103. Platoon System; Hours of Service; Vacation; Sick

Leave.

Section 2104. Fire Marshal; Powers.

Section 2105. Obstructing Fire Marshal; Fine.

Section 2106. Investigation of Cause of Fire; Power of the

Mayor.

Section 2107. Fire Chief Ex-officio Fire Marshal.

Section 2108. Compensation Insurance for Injured Volunteer

Firefighters or Special Fire Police.

Section 2109. Salary of Nonunion City Fire Officers.

ARTICLE XXII

SURVEYS AND SURFACE SUPPORT

IN COAL MINING AREAS

Section 2203. Survey of Mines.

Section 2204. Operators to Furnish Maps; Contents.

Section 2205. Extensions to be Placed on Maps.

Section 2206. Certain Surface Supports Not to be Removed.

Section 2207. Penalty for Surface Support Violations.

Section 2209. Enactment of Ordinances.

ARTICLE XXIII

PUBLIC HEALTH

(a) Board of Health

Section 2301. Board of Health.

Section 2302. Members of Appointed Boards of Health.

Section 2303. Oath of Office; Organization; Secretary.

Section 2304. Duties of Secretary.

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Section 2305. Health Officer; Qualifications; Oath.

Section 2306. Duties of Health Officer.

Section 2307. Duties of Board of Health.

Section 2308. Powers of Board of Health.

Section 2309. Effect of Rules and Regulations.

Section 2310. Fees and Penalties.

Section 2311. Proceedings of Board to be Public.

(b) Public Nuisances Detrimental

to Public Health

Section 2320. Determination of Public Nuisances.

Section 2321. Abatement of Public Nuisances by Designated

Department.

Section 2330. Board of Directors of Corporation to be Appointed

Members of Board of Health.

Section 2332. Power of Board.

Section 2333. Health Officer.

Section 2334. Secretary.

Section 2335. Filling of Vacancies.

Section 2337. No Compensation for Members.

Section 2338. Applicability of Subdivision.

(d) Penalty

Section 2340. Penalty.

ARTICLE XXIV

CORPORATE POWERS

Section 2402. Powers of Cities.

Section 2402.1. City Property and Affairs.

Section 2403. Payment of Debts and Expenses.

Section 2404. Creation of Capital and Operating Reserve Funds.

Section 2405. Hiring of Employes; Salaries.

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Section 2406. Creation of Necessary Offices or Boards.

Section 2407. Lockups.

Section 2408. Market Places.

Section 2409. Accumulation of Ashes, Garbage, Solid Waste and

Refuse Materials.

Section 2410. Regulation of Pets and Feral Animals.

Section 2411. Inspection and Regulation of Fireplaces,

Chimneys, Et Cetera; Smoke Regulations.

Section 2412. Fireworks and Flammable Articles.

Section 2413. Regulation of Division Fences, Party Walls,

Foundations.

Section 2414. Nuisances.

Section 2415. Regulation of Encroachments.

Section 2416. Shade Trees.

Section 2417. Numbering of Buildings.

Section 2418. Transportation Stands.

Section 2419. Police Force.

Section 2420. Police Regulations.

Section 2421. Rewards.

Section 2422. Prevent Riots.

Section 2423. Regulate Discharge of Guns and Deadly Weapons.

Section 2424. Racing; Dangerous Practices; Et Cetera.

Section 2425. Bathing; Recreational Swimming Establishments;

Boat Houses and Bath Houses.

Section 2426. Musical Entertainment.

Section 2427. Aid to Historical Societies.

Section 2428. Establishment of Institutions to Collect

Educational Collections.

Section 2429. Ambulances and Rescue and Life Saving Services.

Section 2430. Insurance.

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Section 2431. Parking Lots.

Section 2432. Disorderly Conduct.

Section 2433. Official Expenses on City Business.

Section 2434. Municipality Authorities; Cooperation with Other

Political Subdivisions.

Section 2435. Local Self-Government.

Section 2436. Historical Property.

Section 2437. Appropriations for Handling, Storage and

Distribution of Surplus Foods.

Section 2438. Junk Dealers and Junk Yards.

Section 2439. Appropriations for Industrial Promotions.

Section 2440. Non-debt Revenue Bonds.

Section 2441. Appropriations for Urban Common Carrier Mass

Transportation.

Section 2442. Appropriation for Nonprofit Art Corporation.

Section 2443. Ratification and Validation of Real Estate Sales.

Section 2444. Maintenance and Validation of Certain Records.

Section 2445. Rights Within Streets and Rights-of-Way.

Section 2446. Emergency Services.

Section 2447. Charitable Purposes.

ARTICLE XXV

TAXATION

(a) Assessments of Property for Taxation

Section 2522. Assessment Powers.

(b) Levy and Collections

Section 2531. Tax Levies.

Section 2531.1. Exemptions from Taxation.

Section 2531.2. Certification of Schedule.

Section 2542.1. Public Sale of Property to Satisfy Tax Claims.

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Section 2543. Certification of Schedules to Treasurer.

Section 2546. Record of Sales and Resale.

Section 2562.1. Conduct of Tax Sales.

ARTICLE XXVI

LICENSES AND LICENSE FEES

Section 2601. Licensing and Regulatory Powers.

Section 2601.1. Registration of Businesses or Occupations.

Section 2602. Regulation of Motor Vehicles.

Section 2603. Licensing of Plumbers.

Section 2604. Power to Regulate and License Transient

Merchants.

Section 2605. Regulation of Special Events.

Section 2650. Regulation of Parking Lot and Parking Garage

Operators.

Section 2651. Farmers.

Section 2652. Insurance Business.

Section 2653. Persons Taking Orders by Samples.

Section 2654. Commonwealth License Saved.

ARTICLE XXVII

REAL ESTATE REGISTRY

Section 2704. Real Estate Registry.

ARTICLE XXVII-A

NUISANCE ABATEMENT

Section 2701-A. Definitions.

Section 2702-A. Report and Investigation of a Public Nuisance.

Section 2703-A. Summary Abatement.

Section 2704-A. Prior Notice of Abatement.

Section 2705-A. Abatement by Owner.

Section 2706-A. Appeal After Notice; Hearing.

Section 2707-A. Abatement by City After Notice; Statement of

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Costs.

Section 2708-A. Assistance in Abatement.

Section 2709-A. Salvage of Material.

Section 2710-A. Notice of Assessment; Appeal of Charges.

Section 2711-A. Personal Liability of Owner.

Section 2712-A. Administrative Fee and Civil Penalties.

ARTICLE XXVIII

EMINENT DOMAIN

Section 2801. Exercise of Eminent Domain.

Section 2802. Restrictions as to Certain Property.

Section 2803. Title Acquired.

Section 2824. Assessment Awards.

ARTICLE XXIX

STREETS

Section 2901. Map of Streets.

Section 2902. Laying Out Streets.

Section 2903. Effect of Laying Out of Street.

Section 2904. Improvements Within Laid-Out Streets.

Section 2915. Power to Open, Etc.

Section 2916. Ordinances When No Petition is Presented.

Section 2917. Erection of Improvements Restricted.

Section 2918. Petition for Opening, Etc.

Section 2919. Notice of Petition.

Section 2922. Assessment of Damages and Benefits.

Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.

Section 2931. Payment of Cost of Improvement.

Section 2938. Preparation of Streets for Paving or Repairing.

Section 2939. Highways in Cities.

Section 2950. Grade Crossing; Pennsylvania Public Utility

Commission; Jurisdiction; Damages.

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Section 2955. Acquisition of Unobstructed Views.

Section 2960. Use of Abutting Lands for Embankments, Slopes,

Fills, and Culverts.

Section 2970. Appropriation for Connections with Highways.

Section 2975. Street Closings; Detours.

Section 2985. Maintenance of Streets Forming Boundaries.

Section 2986. Streets, the Center Line of Which Is the Boundary

Between a City and Another Municipal Corporation.

Section 2988. Streets More Than Half of Whose Width is Within

City.

Section 2989. Assessment for Improvements on Property Outside

Limits Where Street Entirely Within City.

ARTICLE XXX

SIDEWALKS

Section 3001. Power to Lay Out and Grade Sidewalks; Compel

Construction of Sidewalks.

Section 3002. Construction by Cities Upon Failure of Owner So

to Do; Collection of Cost.

Section 3002.1. Ordinances.

Section 3003. Emergency Repairs; Notice; Cost.

ARTICLE XXXI

BRIDGES

Section 3101. Construction and Maintenance of Bridges.

Section 3102. Ordinance for Location of Bridges; Procedure.

Section 3103. Right to Appropriate Property; Assessment of

Damages.

Section 3110. Agreement for Joint Construction and Maintenance.

Section 3114. Recording of Contract.

Section 3115. Power to Construct Boundary Bridges.

Section 3135. Acquisition of Existing Bridges.

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ARTICLE XXXII

SANITARY SEWERS

Section 3201. Construction of Sanitary Sewers; Cost; Eminent

Domain.

Section 3201.1. Required Connection; Fees.

Section 3206. Construction of Sanitary Sewage Treatment Works;

Assessment of Cost.

Section 3213.1. Rental Fees or Charges.

Section 3222.1. Acquisition of Existing Sanitary Sewer Systems.

Section 3230. Sewers Outside Cartway and Curb Lines.

Section 3240. Building Joint Sewers.

Section 3241. Approval of Department of Environmental

Protection.

Section 3245.1. Municipal Corporation; Municipal Authority;

Agreements for Connections; Appointment of Viewers.

Section 3250. Sewers Extending Outside of City.

ARTICLE XXXIV

WATERCOURSES, FLOOD PROTECTION PROJECTS

AND STORM WATER SYSTEMS

Section 3401. Establishing and Changing Watercourses, Flood

Protection Projects and Storm Water Systems; Removing

Obstructions.

Section 3407. Assessment of Benefits; Liens.

Section 3408. Waters Excepted.

ARTICLE XXXV

UTILITY SERVICE

Section 3501.1. Right to Furnish Water, Lighting, Electric, Gas

or Other Similar Utility Service.

Section 3540.1. Power to Furnish Utilities to Consumers Outside

City.

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Section 3585. Payment of Cost of Extensions.

Section 3587. Fixing Rates.

Section 3588. Collection of Utility Charges.

Section 3590. Disposition of Revenues.

ARTICLE XXXVI

PUBLIC BUILDINGS AND WORKS

Section 3601. Public Buildings Generally.

Section 3603. Payment of Cost of Erection and Maintenance.

Section 3605. Donation of Land by City for Library Purposes;

Contributions toward Maintenance.

Section 3606. Rental of Public Auditorium; Disposition of

Proceeds.

Section 3607. Long-Term Improvement Leases.

ARTICLE XXXVII

PARKS, PLAYGROUNDS, AND RECREATION CENTERS

Section 3703. Acquisition of Lands and Buildings.

Section 3703.1. Powers of Council; Delegation.

Section 3705. Creation and Composition of Recreation Board.

Section 3706. Organization of Board.

Section 3707. Joint Ownership and Maintenance.

Section 3708. Borrowing.

Section 3709. Maintenance and Tax Levy.

Section 3709.1. City Trusts.

Section 3718. Park Rangers.

ARTICLE XLI-A

UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,

AND RESERVED POWERS

Section 4101-A. Primacy of Certain Codes.

Section 4102-A. Changes in Uniform Construction Code.

Section 4103-A. Public Nuisance.

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Section 4104-A. Property Maintenance Code.

Section 4105-A. Reserved Powers.

ARTICLE XLII

AERONAUTICS

Section 4201. Power to Acquire Land for Aeronautical Purposes;

Maintenance of Municipal Airport.

Section 4203. Leasing of Land Acquired for Aeronautical

Purposes.

Section 4204. Operation of Facilities Jointly.

Section 4205. Appropriation for Support of Air Navigation

Facilities.

ARTICLE XLIII

PENSIONS

(a) Police

Section 4301. Police Pension Fund.

Section 4302. Retirement; Final Discharge.

Section 4302.1. Limited Vested Benefit.

Section 4303. Allowances and Service Increments.

Section 4303.1. Increase of Allowances After Retirement.

Section 4303.2. Total Disability.

Section 4304. Inalienable Rights in Fund.

Section 4305. Payments to Police Pension Fund by City.

Section 4306. Management of Police Pension Fund.

Section 4307. Trusts for Benefit of Police Pension Fund.

Section 4308. Repayment Before Retirement.

Section 4309. Definitions.

(b) Firefighters

Section 4320. Firefighters' Pension Fund; Management; Annuity

Contracts.

Section 4320.1. Limited Vested Benefit for Firefighters.

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Section 4321. Retirement; Final Discharge.

Section 4322. Pensions and Service Increments.

Section 4322.1. Increase of Allowances After Retirement.

Section 4323. Causes for Forfeiture of Rights in Fund; Other

Employments.

Section 4324. Payments to Firefighters' Pension Fund by City.

Section 4325. Transfers from Other Pension Funds.

Section 4326. Trusts for Benefit of Firefighters' Pension Fund.

Section 4327. Repayment Before Retirement.

Section 4328. Definitions.

Police Officers and City-Paid Firefighters

Section 4340. Pension Funds for Employes other than Police or

City-Paid Firefighters.

Section 4341. Pension Board; Duties.

Section 4342. Retirement Age.

Section 4343. Retirement Allowance; Proof of Disability; Joint

and Single Coverage Members Defined.

Section 4343.1. Retirement Allowances; Full Coverage; Payments.

Section 4343.2. Limited Vested Benefit.

Section 4344. Amount of Payments into Fund; Repayment before

Retirement.

Section 4344.1. Determination of Liability Upon Extension of

Social Security.

Section 4345. Payments by Laborers Optional.

Section 4346. Heads of Departments to Certify List of Employes.

Section 4347. Receipt, Investment and Payment of Funds.

Section 4348. Appropriations and Contributions to Fund.

Section 4349. Application.

Section 4350. Computation of Time of Service.

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Section 4351. Funds Payable to be Free of Attachment.

Section 4352. Definitions.

Section 4353. Beneficiaries of Fund not to be Employed by City.

(d) Beneficiaries Serving in Elective Office

Section 4361. Right to a Pension if Salary Refused.

ARTICLE XLIV

CIVIL SERVICE

Section 4401. Examinations Required of All Appointees.

Section 4402. Appointment of Examining Board.

Section 4402.1. Existing Civil Service Positions.

Section 4403. Terms; Filling of Vacancies; Compensation;

Quorum.

Section 4403.1. Alternate Board Members.

Section 4403.2. Investigations and Subpoenas.

Section 4404. Rules and Regulations; Examinations.

SECTION 4404.1. Physical and Psychological Medical

Examinations.

Section 4405.1. Veterans' Preference.

Section 4406. Selection of Appointee from Certified List of

Applicants.

Section 4406.1 Promotions.

Section 4407. Tenure; Temporary Appointments.

Section 4408. Suspension, Discharge and Discipline; Reduction

of Employes; Appeals.

Section 4409. Secretary; Compensation.

Section 4410. Review of Eligibility Lists.

ARTICLE XLIV-A

VETERANS' AFFAIRS

(a) Support of Veterans' Organizations

Section 4401-A. Appropriation to Post of Veterans.

20110SB0874PN0890	- 23 -

Section 4402-A. Rooms for Meetings of Veterans.

(b) Pennsylvania National Guard

Section 4411-A. Support of Pennsylvania National Guard Units.

Section 4412-A. Appropriation of Money, Et Cetera, to Assist in

Erection of Armories.

Section 4413-A. Eminent Domain for National Guard Purposes.

Section 4414-A. Lands for Armory Purposes.

Section 4421-A. Purchase of Burial Grounds for Deceased Service

Persons.

Section 4422-A. Care of Memorials.

Section 4423-A. Memorial Trees.

Section 4424-A. Penalty for Injury to Memorial Trees.

ARTICLE XLV-A

ASSESSMENTS FOR PUBLIC IMPROVEMENTS

Section 4501-A. Authority to Assess.

Section 4502-A. Method of Assessment.

Section 4503-A. Notice of Assessment.

Section 4504-A. Appeals to Court.

Section 4505-A. Benefits and Damages.

Section 4506-A. Return by City of Assessments Paid on Property

Unlawfully Assessed.

Section 4507-A. Payment of Assessments in Installments.

Section 4508-A. Collection of Assessments.

ARTICLE XLVI

COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND

COMPROMISE OF CLAIMS

Section 4601. Collection of Municipal Claims by Suit.

Section 4602. Compromise of Municipal Claims.

ARTICLE XLVII

20110SB0874PN0890	- 24 -

ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

Section 4701. Repeals and Savings Clause.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Article I heading 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), is reenacted to

read:

ARTICLE I

PRELIMINARY PROVISIONS

Section 2. Sections 101, 102, 103, 104, 105, 106, 107, 108

and 109 of the act are amended to read:

Section 101. Short Title.--This act shall be known[,] and

may be cited[,] as "The Third Class City Code."

Section 102. Definitions.--The following words and terms, as

used in this act, shall have the meanings herein assigned to

them, unless the context clearly indicates otherwise:

["City," a city of the third class.

"Street," any street, avenue, boulevard, parkway, road, lane,

court, alley, or public square within the city, and any highway

within the city, as provided in section two thousand nine

hundred thirty-nine of this act.

"Highway," a state highway of the Commonwealth of

Pennsylvania.

"Bill," any] "Bill." Any proposed ordinance introduced in

council.

"City." A city of the third class.

"Highway." A State highway of the Commonwealth of

Pennsylvania.

"Home Rule Charter and Optional Plans Law." The provisions

20110SB0874PN0890	- 25 -

of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and

optional plan government) and, where applicable, the former act

of April 13, 1972 (P.L.184, No.62), known as the "Home Rule

Charter and Optional Plans Law."

"Municipal authority" or "municipality authority." A body

politic and corporate created under 53 Pa.C.S. Ch. 56 (relating

to municipal authorities), under the former act of May 2, 1945

(P.L.382, No.164), known as the "Municipality Authorities Act of

1945," or under the former act of June 28, 1935 (P.L.463,

No.191), known as the "Municipality Authorities Act of one

thousand nine hundred and thirty-five."

"Municipal Claim and Tax Lien Law." The act of May 16, 1923

(P.L.207, No.153), referred to as the Municipal Claim and Tax

Lien Law.

"Municipal corporation." A city, borough, incorporated town,

or township.

"Municipalities Planning Code." The act of July 31, 1968

(P.L.805, No.247), known as the "Pennsylvania Municipalities

Planning Code."

"Municipality." A county, city, borough, incorporated town

or township.

"Newspaper." A newspaper of general circulation as defined

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

"Pennsylvania Construction Code Act." The act of November

10, 1999 (P.L.491, No.45), known as the "Pennsylvania

Construction Code Act."

"Pennsylvania Election Code." The act of June 3, 1937

(P.L.1333, No.320), known as the "Pennsylvania Election Code."

"Street." Any street, avenue, boulevard, parkway, road,

lane, court, alley or public square within the city, and any

20110SB0874PN0890	- 26 -

highway within the city to the extent that the city is legally

responsible for it, pursuant to agreement or otherwise.

Section 103. Excluded Provisions.--This act shall not be

construed to repeal any acts relating to:

(a) The collection of municipal and tax claims by liens;

(b) The method of incurring and increasing [of] city

indebtedness;

(d) Public schools, except the collection of school taxes by

the city treasurer;

(e) [Aldermen] (Reserved);

(f) Constables;

(g) The giving of municipal consent to public [service

companies] utilities;

(h) Weights and measures;

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

corporate officers;

(j) Joint city and county buildings;

(k) Libraries;

(l) State highways;

(m) The joint or several authorities or duties pertaining to

cities as well as to other classes of political subdivisions by

virtue of general acts of Assembly.

Section 104. Construction of Act Generally to Preserve

Existing Situations.--(a) The provisions of this act, so far as

they are the same as those of existing laws, are intended as a

continuation of such laws and not as new enactments. The repeal

by this act of any act of Assembly, or part thereof, shall not

revive any act, or part thereof, heretofore repealed or

superseded, nor affect the corporate existence of any city

20110SB0874PN0890	- 27 -

heretofore incorporated. The provisions of this act shall not

affect any act done, liability incurred, or right accrued or

vested, or affect any suit or prosecution pending or to be

instituted to enforce any right or penalty or punish any offense

under the authority of such repealed laws. All ordinances,

resolutions, regulations and rules made pursuant to any act of

Assembly repealed by this act[,] shall continue with the same

force and effect as if such act had not been repealed. Any

person holding office or position under or by virtue of any act

of Assembly repealed by this act shall continue to hold such

office or position until the expiration of the term thereof,

subject to the conditions and tenure attached to such office or

position prior to the passage of this act.

(b) A city shall possess, and city council and other city

officials may execute, the corporate powers and duties as

provided in this act and in other laws to the extent that these

powers and duties are not repealed by this act.

Section 105. Constitutional Construction.--The provisions of

this act shall be severable[, and, if]. If any of its provisions

shall be held to be unconstitutional, the decision so holding

shall not be construed to affect the validity of any of the

remaining provisions of this act. It is hereby declared as the

legislative intent that this act would have been adopted had

such unconstitutional provisions not been included therein.

Section 106. Construction of References.--Whenever in this

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

the reference shall be construed to apply to and include any

codification wherein the provisions of the act referred to are

substantially reenacted.

Section 107. Cities to Which Act Applies.--(a) This act

20110SB0874PN0890	- 28 -

shall apply to [(a) all]:

(1) All cities which have been incorporated under or which

have accepted the provisions of the act of [Assembly, approved

the twenty-third day of May, one thousand eight hundred and

seventy-four (Pamphlet Laws 230)] May 23, 1874 (P.L.230,

No.152), entitled "An act dividing cities of this State into

three classes; regulating the passage of ordinances; providing

for contracts for supplies and work for said cities; authorizing

the increase of indebtedness, and the creation of a sinking fund

to redeem the same; defining and punishing certain offenses in

all of said cities; and providing for the incorporation and

government of the cities of the third [class," and the

amendments thereto; (b) all] class";

(2) All cities which have been incorporated under the

provisions of the act of May [twenty-third, one thousand eight

hundred and eighty-nine (Pamphlet Laws 277)] 23, 1889 (P.L.277,

No.247), entitled "An act providing for the incorporation and

government of cities of the third [class," and the amendments

thereto; (c) all] class";

(3) All cities which have been incorporated under the

provisions of the act of [Assembly, approved June twenty-

seventh, one thousand nine hundred and thirteen (Pamphlet Laws

568)] June 27, 1913 (P.L.568, No.367), entitled "An act

providing for the incorporation, regulation, and government of

cities of the third class; regulating nomination and election of

municipal officers therein; and repealing, consolidating, and

extending existing laws in relation [thereto," and the

amendments thereto; (d) all] thereto";

(4) All cities formed by the consolidation of boroughs

having voted separately to become cities in accordance with the

20110SB0874PN0890	- 29 -

provisions of the act[, approved May twenty-fourth, one thousand

nine hundred and seventeen (Pamphlet Laws 262)] of May 24, 1917

(P.L.262, No.143), entitled "An act to enable two or more

boroughs that are contiguous or in close proximity to be united

and to become one city, wherever each of said boroughs shall

have heretofore voted or shall hereafter vote to become a city

of the third class, under laws now enacted or which may

hereafter be enacted; and wherever each of said boroughs has

duly received or shall hereafter duly receive letters patent

constituting it a city of the third class, but where sufficient

time shall not have elapsed after the granting of such letters

patent for the holding of a municipal election; providing for

the consequences of such consolidation, the government of such

consolidated city, the payment of the indebtedness of each of

the united territories and the enforcement of debts and claims

due to and from each, and fixing the jurisdiction over the said

consolidated city in the courts of the county in which the

majority of its inhabitants shall reside"; [and (e) all]

(5) All cities incorporated under the provisions of this act

[as therein provided].

(b) The application of this act in accordance with

subsection (a) shall not be construed as a limitation on the

ability of a city to do any of the following:

(1) To continue operating under the form of government

previously selected and exercising powers previously acquired by

the city in accordance with the act of July 15, 1957 (P.L.901,

No.399), known as the "Optional Third Class City Charter Law."

(2) To adopt or continue utilizing a form of government and

to acquire or continue exercising powers pursuant to an optional

plan or a home rule charter which have been or may be adopted in

20110SB0874PN0890	- 30 -

accordance with the "Home Rule Charter and Optional Plans Law."

Section 108. Effective Date.--This act shall go into effect

on the first day of July, one thousand nine hundred and thirty-

one. [This reenactment, revision, amendment and consolidation of

the laws relating to cities of the third class shall become

effective on the first Monday of January, one thousand nine

hundred fifty-two.]

Section 109. Publication of Notices.--Whenever, under the

provisions of this act, advertisement, notice, or publication is

required to be published in [one] a newspaper, [such] the

publication shall be made one time, unless the provision

requiring publication specifies otherwise, in [a] at least one

newspaper [of general circulation, as defined by the Newspaper

Advertising Act of May sixteen, one thousand nine hundred and

twenty-nine (Pamphlet Laws 1784), printed in the city, if there

is such a newspaper, and if not, then in a newspaper circulating

generally in such city. If such notice is required to be

published in more than one newspaper, it shall be published in

at least one newspaper of general circulation, defined as

aforesaid, printed, if there be such a newspaper, or circulating

generally as above provided in the city]. When [such] the notice

relates to any proceeding or matter in any court, or the holding

of an election for the increase of indebtedness, or the issue

and sale of bonds to be paid by taxation, [such] the notice

shall also be published in the legal newspaper, if any,

designated by the rules of court of the proper county for the

publication of legal notices and advertisements, unless such

publication be dispensed with by special order of court[:

Provided, however, That ordinances, auditor's statements,

summaries of auditor's statements, advertisements inviting

20110SB0874PN0890	- 31 -

proposals for public contracts and for bids for materials and

supplies, or lists of delinquent taxpayers, shall be published

only in newspapers of general circulation, defined as

aforesaid].

Section 3. Article II heading of the act is amended to read:

ARTICLE II

PROCEDURES FOR INCORPORATION

Section 4. The act is amended by adding a section to read:

Section 200. Definitions.--The following words and terms, as

used in this article, shall have the meanings assigned to them

in this section, unless the context clearly indicates otherwise:

"Incorporation resolution." A resolution to submit, at any

general or municipal election, a referendum question to the

registered voters of a municipal corporation.

"Municipal corporation." A borough, a township of the first

class, a township of the second class or an incorporated town.

"Referendum question." The question of whether a municipal

corporation shall become incorporated as a city of the third

class to be known as the "City of ........................."

Section 5. Sections 201, 202 and 203 of the act are amended

to read:

Section 201. Creation of Cities.--Cities of the third class

shall be chartered [whenever a majority of the electors of any

town, township, or borough, or any two or more contiguous towns,

townships, or boroughs, or any combination thereof, situate

within the limits of the same county or situate in two or more

contiguous counties, and having separately or together, as the

case may be, a population of at least ten thousand according to

the last preceding United States census, shall each separately

vote at any general or municipal election in favor of the same.]

20110SB0874PN0890	- 32 -

as follows:

(1) A single municipal corporation, having a population of

at least ten thousand according to the last preceding United

States census, may be incorporated as a city in accordance with

this article, if a majority of the registered voters in the

municipal corporation cast an affirmative vote in favor of the

referendum question.

(2) Two or more contiguous municipal corporations, having

together a population of at least ten thousand according to the

last preceding United States census, may be incorporated as a

city by utilizing 53 Pa.C.S. Ch. 7 Subch. C (relating to

consolidation and merger) and, in accordance therewith,

determine whether the newly incorporated city shall be governed

by this act and other general laws applicable to and governing

cities.

[Section 202. Resolution to Submit Question to Electors.--

The corporate authorities of any town, township, or borough, or

of any contiguous towns, townships, or boroughs, as the case may

be, may, on their own motion, or, upon petition of two hundred

or more qualified electors thereof, shall, by resolution duly

passed and recorded among the minutes, submit the question

whether such town, township, or borough, or whether any

contiguous towns, townships, or boroughs, shall become a city of

the third class, to the qualified electors thereof, to be known

as the "City of ........................."

Section 203. Notice of Election.--The said corporate

authorities shall give notice by the publication of said

resolution, once a week for four successive weeks prior to the

next general or municipal election, in not more than two

newspapers of general circulation published or circulating

20110SB0874PN0890	- 33 -

generally in said towns, townships, and boroughs, in accord with

the provisions of section 109 of this act.]

Section 6. The act is amended by adding a section to read:

Section 203.1. Incorporating Resolution.--(a) The governing

body of a municipal corporation may adopt an incorporation

resolution.

(b) If two hundred or more registered voters of the

municipal corporation petition the governing body of the

municipal corporation for the adoption of a petition resolution,

the governing body shall adopt the same.

Section 7. Section 204 of the act is amended to read:

Section 204. Resolution Certified to County Board of

Election; Form of Question.--The [said corporate authorities

shall certify said] governing body of a municipal corporation

that adopts an incorporation resolution shall certify the

incorporation resolution to the county board of elections of the

proper county or counties[, who shall thereupon cause a proper

question to be submitted to the qualified electors at the said

general or municipal election in the said towns, townships, and

boroughs, in the manner required by the Pennsylvania Election

Code]. The county board of elections shall, at the general or

municipal election, in the manner required by the Pennsylvania

Election Code, submit a referendum question to the registered

voters of the municipal corporation that has certified an

incorporation resolution.

Section 8. The act is amended by adding a section to read:

Section 204.1. Notice of Election.--Notice of the election

at which registered voters of a municipal corporation will be

voting on a referendum question shall be given by the secretary

or other person designated by the municipal corporation. The

20110SB0874PN0890	- 34 -

notice required by this section shall be published once a week

for four successive weeks in a newspaper in the municipal

corporation in which the referendum question will be submitted

to the registered voters.

Section 9. Section 205 of the act, amended October 5, 1967

(P.L.327, No.143), is amended to read:

Section 205. Returns of Election.--[The county board of

elections shall make return of the vote cast on the question

submitted to the clerk of the court of the proper county or

counties, and to the respective corporate authorities of the

towns, townships and boroughs submitting such questions. If a

majority of the votes cast in each such town, township and

borough on the question shall be in favor of creating a city,

then returns thereof shall also be made by the county board of

elections to the Secretary of the Commonwealth and the

Department of Community Affairs.] (a) In each county in which a

referendum question is submitted to the registered voters of a

municipal corporation, the county board of elections shall make

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

of the court for that county, and to the governing body of the

municipal corporation in which registered voters voted on a

referendum question.

(b) The county board of elections also shall make returns of

the vote cast on the referendum to the Secretary of the

Commonwealth and the Department of Community and Economic

Development, if a majority of the votes cast by the registered

voters of the municipal corporation are in favor of

incorporating as a city.

Section 10. Sections 206, 207, 208, 209 and 210 of the act

are amended to read:

20110SB0874PN0890	- 35 -

Section 206. Effect of Vote Against [City Charter.--Whenever

by the returns of the election in any town, township, or

borough, it shall appear that in any one there is a majority

against the city charter] Incorporating as a City.--If the

returns show that a majority of registered voters in a municipal

corporation voted "no" on the referendum question, no further

proceeding shall be had, and it shall not be lawful to hold

another election upon the referendum question in [such town,

township, or borough] the municipal corporation until the third

general or municipal election thereafter occurring.

Section 207. Governor to Issue [Charter Where Vote for City

Charter] Letters Patent; Boundaries.--If [it shall appear by the

said returns that there is a majority of the votes cast on the

question in each town, township, and borough, aforesaid, in

favor of the city charter, the corporate authorities of all such

towns, townships, and boroughs] the returns show that a majority

of registered voters in a municipal corporation voted "yes" on

the referendum question, the governing body of the municipal

corporation shall, within sixty days after [such] the election,

furnish to the Secretary of the Commonwealth the necessary

information with respect to the boundaries of the new city, and

the Governor shall, as soon as may be, issue letters patent,

under the Great Seal of the Commonwealth, reciting the facts,

defining the boundaries of [said] the city, and constituting the

same a body corporate and politic by the name of the City

of.........................

Section 208. Property of Entities Vested in City.--All of

the property and estates whatsoever, real and personal, of the

[towns, townships, and boroughs,] municipal corporations which

shall have [thus] become a city in accordance with this article

20110SB0874PN0890	- 36 -

are hereby severally and respectively vested in the corporation

or body politic of [said] the city[, by the name, style, and

title given thereto] for the use and benefit of the citizens

thereof.

Section 209. Existing Governments [Preserved Temporarily;

Organization of City.--The governments of the said towns,

townships, and boroughs] Temporarily Preserved; City

Organization.--(a) The government of the municipal corporation

shall continue in full force and operation, until the first

Monday of January next succeeding the municipal election

provided for in section 702 [of this act], at which time the

officers of [said] the city chosen at [said] the municipal

election shall enter upon their respective terms of service, and

the city government shall be duly organized under this act.

(b) Whenever, in the organization of the city government of

any newly incorporated city, any person is [elected] appointed

by council to any office for which this act provides a definite

term and fixes a definite time for the election of persons

thereto, the person so [elected] appointed shall serve only for

such time as intervenes between his [election] or her

appointment and the day fixed by this act for the regular

election or appointment of such officer for a full term.

Section 210. Existing Liabilities, Debts and Claims

Transferred to New City.--[All suits, prosecutions, debts, and

claims, whatsoever, of the said towns, townships and boroughs,

shall thereupon become transferred to the said city, which in

all suits pending shall be substituted as a party, and be under

the management and control thereof. All valid claims and demands

of whatsoever nature, whether payable presently or in the

future, existing against the said towns, townships, and boroughs

20110SB0874PN0890	- 37 -

when the said charter shall go into operation, shall be

enforceable against the said city. The bonds and floating

indebtedness, and the interest thereon, of each of said towns,

townships and boroughs, contracted prior to such consolidation,

shall be paid by the said city thus organized and chartered, so

that the taxes shall be uniform throughout the territorial

limits of the whole city.] If a municipal corporation is

incorporated as a city in accordance with this article, the

following shall apply:

(1) All suits, prosecutions, debts and claims, whatsoever,

shall become transferred to the newly incorporated city.

(2) All pending suits involving the municipal corporation

shall be under the management and control of the newly

incorporated city which shall be substituted as a party therein.

(3) All valid claims and demands of whatsoever nature,

whether payable presently or in the future, existing against the

municipal corporation shall be enforceable against the city.

(4) The bonds and floating indebtedness, and the interest

thereon, existing at the time a municipal corporation became

incorporated as a city in accordance with this article shall be

paid by the newly incorporated city, so that the taxes shall be

uniform throughout the territorial limits of the whole city.

Section 11. Article II-A heading and sections 250, 251, 252,

253, 254 and 255 of the act, added September 17, 1959 (P.L.913,

No.363) are repealed:

[ARTICLE II-A

ALTERNATIVE PROCEDURE FOR INCORPORATION

Section 250. Appointment of Charter Commission.--The

corporate authorities of any town, township, or borough or of

any combination of contiguous towns, townships or boroughs may

20110SB0874PN0890	- 38 -

and, upon petition of two hundred or more qualified electors

thereof, shall petition the court of quarter sessions of the

county in which such towns, townships or boroughs are situate,

for the appointment of a charter commission to study and make

recommendations on the adoption of a form of city government for

such towns, townships or boroughs. Whenever any such towns,

townships or boroughs, or combination thereof, are situate in

more than one county, the petition shall be brought to the court

of quarter sessions of the county in which the larger percentage

of the population thereof are resident.

The charter commission so appointed shall consist of not less

than nine nor more than fifteen members who shall be qualified

electors of the town, township or borough, and if the petition

is brought on behalf of more than one town, township or borough,

the charter commission shall be appointed from among qualified

electors of each of such towns, townships or boroughs.

In every case, at least three members of the charter

commission shall be appointed from among the members of the

governing bodies of the towns, townships or boroughs bringing a

petition, and when two or more towns, townships or boroughs are

party to the petition, the court shall appoint at least one

member of the charter commission from among the members of the

governing bodies of each of such towns, townships or boroughs.

Section 251. Powers and Duties of Charter Commission.--The

charter commission shall organize and function in accordance

with the provisions of the Optional Third Class City Charter

Law, and in so far as the same are applicable, shall exercise

the same powers and perform the same duties as are conferred or

imposed upon charter commissions elected under the provisions of

the Third Class City Charter Law.

20110SB0874PN0890	- 39 -

Members of the charter commission shall serve without

compensation, but shall be reimbursed by the towns, townships or

boroughs for their necessary expenses incurred in the

performance of their duties. The corporate authorities of the

towns, townships or boroughs shall appropriate reasonable sums

of money necessary for such purpose and for the work of the

charter commission as provided in the Optional Third Class City

Charter Law.

The charter commission shall report its recommendations at

the time and in the manner provided in the Optional Third Class

City Charter Law. In its report, the charter commission shall

recommend adoption of either the "commission" form of city

government as provided in this act, or one of the optional forms

of city government provided in the Optional Third Class Charter

Law.

Section 252. Election on the Question.--Within five days

after the charter commission reports its recommendations, the

corporate authorities of such towns, townships or boroughs shall

certify a copy of the commission's report to the county board of

elections, which shall cause the question of adoption or

rejection to be placed upon the ballot or voting machines at

such time as the commission shall in its report specify. The

question shall be submitted to the electors in the manner and at

the time provided in the Optional Third Class City Charter Law

and shall be in the following form:

Shall the.............................be incorporated into a

name of towns, townships or boroughs

city of the third class to be known as the city of.............

with a........................form of government providing for

name of form

20110SB0874PN0890	- 40 -

..............................councilmen to be elected at large?

number of councilmen

Section 253. Return of Election; Effect of Vote.--(a) The

county board of elections shall make return of the vote cast on

the question as provided by law. If it appears that a majority

of the votes cast in each such town, township or borough on the

question shall be in favor of creating a city, the city shall be

incorporated as provided in this act.

(b) If, at such election, the electors have voted in favor

of adopting the commission form of government provided in this

act, the city officers shall be elected and the city shall be

organized and governed under the provisions of this act, the

same as though the election had been held under the provisions

of article II. of this act.

of adopting one of the optional forms of government provided in

the Optional Third Class City Charter Law, the city shall be

governed under the applicable provisions of the Optional Third

Class City Charter Law, but the first city officers shall be

elected in accordance with the provisions of this subsection.

At the first municipal election occurring at least ninety

days after the date of the letters patent issued by the Governor

incorporating such city, the qualified electors of such city

shall elect the city officers appropriate to such optional form

of government. Except in the case of the first city council,

such officers shall be elected for the terms provided in the

Optional Third Class City Charter Law. The first councilmen

elected in such city shall be divided into two groups. One group

shall equal one more than one-half of all the councilmen and its

members shall serve for terms of four years. The second group

20110SB0874PN0890	- 41 -

shall equal one less than one-half of all the councilmen and its

members shall serve for terms of two years. The members of the

first group shall be those councilmen receiving the greatest

number of votes at their election, and the members of the second

group shall be those councilmen receiving the next greatest

number of votes at their election. If two or more councilmen

received the same number of votes and one or more but not all of

them will be included in the first group, they shall draw lots

to determine which of them shall be included in the first group.

Thereafter, all councilmen shall be elected for the terms

provided in the Optional Third Class City Charter Law.

The governments of the towns, townships and boroughs,

comprising a city which elects its first officers under the

provisions of this subsection, shall continue in full force and

operation until the first Monday of January next succeeding such

election, at which time the officers of such city shall enter

upon their respective terms and the city government shall be

duly organized under the Optional Third Class City Charter Law.

(d) Whenever by the returns of the election in any town,

township or borough, it shall appear that in any one there is a

majority against the city charter and the form of city

government recommended by the charter commission, no further

proceedings shall be had and it shall not be unlawful to hold

another election upon the same question in such town, township

or borough during the period of four years following such

election, but the provisions of this subsection shall not affect

any proceedings under article II. of this act nor any subsequent

proceedings under the Optional Third Class City Charter Law.

Section 254. Proceedings are Additional.--The proceedings

authorized by this article are in addition to, and not in

20110SB0874PN0890	- 42 -

substitution of, those proceedings authorized by article II. of

this act, but it shall not be lawful to institute proceedings

under either article while any proceedings under the other

article are unconcluded.

Section 255. Abandonment of Optional Form of Government.--

Whenever, under the provisions of this article, the electors of

any towns, townships or boroughs elect to incorporate a city

with one of the optional forms of government provided in the

Optional Third Class City Charter Law, and later, at an election

held for that purpose under the Optional Third Class City

Charter Law, elect to abandon such optional form of government,

the city shall cease to be governed by the provisions of such

charter plan and the Optional Third Class City Charter Law on

the first Monday of January following the next succeeding

municipal election, and shall thereafter be governed under the

provisions of this act. The reversion to the form of government

provided by this act shall take effect as provided in article

VI. of the Optional Third Class City Charter Law for transition

to an optional form of government in so far as applicable, and

in addition any city offices which are elective under this act

but are not elective under such optional form of government,

shall be filled at such municipal election.]

Section 12. Article III heading of the act is reenacted to

read:

ARTICLE III

CHANGE OF CORPORATE TITLE

Section 13. Sections 301, 302, 303 and 304 of the act are

amended to read:

Section 301. Resolution and Petition to Change Corporate

Title.--[Whenever the council of any city shall, by resolution,

20110SB0874PN0890	- 43 -

decide to change the corporate title of such city, it shall

present its petition to the court of quarter sessions of the

county having jurisdiction over the municipal affairs of the

city, petitioning such court to change the corporate title

thereof in accordance with the resolution, a certified copy of

which shall be attached to such petition.] City council may

initiate proceedings to change the corporate title of a city by

doing each of the following:

(1) Adopting a resolution proposing to make the change in

the corporate title of a city.

(2) Presenting to the court of common pleas of the county in

which the city is located a petition, along with a certified

copy of the resolution, requesting the change in the corporate

title of the city.

Section 302. Hearing; Decree.--(a) Upon the presentation to

the court of [such] the petition and resolution in accordance

with section 301, the [said] court shall fix a day for a hearing

[thereof] on the question of the change in the corporate title

of the city and shall direct that notice of [such] the hearing

be published once a week for three weeks in [not more than two

newspapers of general circulation] a newspaper.

(b) At [such] the hearing, the court shall [hear the] permit

any resident of the city to give testimony [and argument of

persons both for and against] either in support of or opposition

to the change of the corporate title of [such] the city [and, if

the court is of the opinion that the corporate title of such

city should be changed as prayed for in the petition of the

council of said city, shall enter upon the proceedings its order

and decree changing the corporate title of such city in

accordance with the resolution of the council thereof; otherwise

20110SB0874PN0890	- 44 -

the petition shall be dismissed].

and decree changing the corporate title of the city in

accordance with the petition and resolution of council or

dismiss the petition.

Section 303. Recording Decree.--[Upon the filing of a

certified copy of the decree of the court, changing the

corporate name of any city, in the office of the Secretary of

the Commonwealth and the recording thereof in the office of the

recorder of deeds of the county, the courts of which have

jurisdiction over the municipal affairs of the city, the

corporate title of said city shall thereafter be as set forth in

said decree.] A change in the corporate title of a city that is

ordered and decreed in accordance with section 302(c) shall not

become effective until a certified copy of the decree of court

is filed in the office of the Secretary of the Commonwealth and

is recorded in the office of the recorder of deeds of the county

in which the city is located.

Section 304. Existing Rights and Liabilities Preserved.--No

change in the corporate title of any city shall in any way

affect any liabilities incurred, rights accrued or vested,

obligations issued or contracted, or any suits or prosecutions

pending or instituted to enforce any right or penalty accrued or

punish any offense committed prior to [such] the change.

Section 14. Article IV heading of the act is reenacted to

read:

ARTICLE IV

CREATION AND DIVISION OF WARDS

Section 15. Section 401 of the act is amended to read:

Section 401. [Petition for Creation or Division of Wards.--

20110SB0874PN0890	- 45 -

New wards may be created in cities, or wards therein may be

divided, by the court of quarter sessions, on application

thereto for that purpose, by the petition of at least one

hundred qualified electors of the district seeking to be created

as a new ward, or of the ward to be divided, or by the petition

of the council of the city. No new ward shall contain less than

three hundred qualified electors according to the last preceding

enumeration.] General Power of Council in Creation or Division

of Wards.--(a) In addition to reapportionment of wards pursuant

to 53 Pa.C.S. Pt. II Ch. 9 (relating to municipal

reapportionment) and section 11 of Article IX of the

Constitution of Pennsylvania, council may, with or without a

petition as provided in section 401.1 and subject to approval by

the registered voters as provided in section 407, create new

wards, divide a ward or wards or detach part of a ward and

attach to another ward, in accordance with this article.

(b) No new ward shall contain less than three hundred

registered voters according to the last general or municipal

election.

compact and contiguous territory as nearly equal in population

as practicable and as officially and finally reported in the

most recent Federal census, decennial or special.

Section 15.1. The act is amended by adding a section to

read:

Section 401.1. Petition of Registered Voters.--(a)

Registered voters may petition council to initiate proceedings

under section 401 to create new wards, divide a ward or wards,

or detach part of a ward and attach to another ward as follows:

(1) One hundred registered voters may petition council to

20110SB0874PN0890	- 46 -

create or divide a ward if, in the case of a petition proposing

to create a ward, the petitioners reside in the portion of the

city which the petition proposes to create as a ward, or in the

case of a petition to divide a ward, the petitioners reside in

the ward which the petition proposes to divide.

(2) Twenty-five registered voters may petition to detach

part of one ward and attach the detached part to another ward if

the petitioners reside in the part of the ward that is proposed

to be detached.

(b) Council shall by motion approve by a majority of

council, and within ninety days of presentment of the petition,

determine whether to initiate proceedings under section 401. If

the motion is in favor of initiating proceedings, council shall

appoint a commission in accordance with section 403.

within ninety days after the presentment of a petition under

subsection (a), any ten registered voters may petition the court

of common pleas and contest the existing apportionment as

violating section 401. The proceedings before the court shall be

conducted in accordance with 53 Pa.C.S. §§ 906 (relating to

contest of reapportionment by governing body) and 907 (relating

to costs and expenses of contest).

Section 15.2. Sections 402 and 403 of the act are amended to

read:

Section 402. [Petition for Striking Territory from One Ward

and Attaching to Another.--Any part or district of a ward in any

city may be detached therefrom and attached to another ward by

the court of quarter sessions of the proper county, on

application thereto for that purpose, by the petition of at

least twenty-five qualified electors of the district to be

20110SB0874PN0890	- 47 -

stricken off or attached, or by the petition of the council of

the city] (Reserved).

Section 403. Appointment of Commission[; Report; Order of

Court.--Upon the presentation of any such petition praying for

the creation of a new ward out of parts of two or more wards, or

the division of a ward, or for the detaching from a ward of a

part or district thereof and attaching the same to another ward,

the said court shall appoint five impartial qualified electors,

residents of the city, but not of the wards to be affected

thereby, as commissioners to inquire into the propriety of

granting the prayer thereof: Provided, however, That in cities

having not more than three wards, said commissioners shall be

selected from the city at large, and may be residents of the

ward or wards to be affected thereby. The commissioners so

appointed, or any four of them, shall examine the premises and

make a draft of the new ward or wards proposed to be created, or

of the ward or wards to be divided, or of the wards affected,

showing the division or change thereof, or showing the lines as

any separation and attachment will affect them, as the case may

be, and showing clearly the number of qualified electors

contained within the proposed new ward. The commissioners shall

make report to the said court at its next term, together with

their recommendation.].--(a) If council initiates proceedings

pursuant to section 401, whether on its own volition or pursuant

to the petition of registered voters, it shall appoint five

impartial registered voters who are residents of the city as

commissioners, to make a report and recommendation concerning

the necessity, desirability and feasibility of proposed wards.

(b) Except as provided in subsection (c), commissioners

shall not be residents of the wards to be affected by the

20110SB0874PN0890	- 48 -

petition.

commissioners appointed under subsection (a) shall be selected

from the city at large, and may be residents of the ward or

wards to be affected thereby.

Section 15.3. The act is amended by adding sections to read:

Section 403.1. Expenses of Commissioners.--Council shall

make appropriations for the reasonable expenses of the

commissioners incurred for their services pursuant to this

article. Each commissioner shall submit to the city controller

for approval an itemized account of his or her expenses to be

paid under the authority of this section.

Section 403.2. Report.--(a) Commissioners appointed by

council in accordance with section 403(a) shall examine the

premises and prepare a report which shall include a draft of all

wards affected by the proposed creation, division or detachment,

showing the division or change thereof, or showing the lines of

wards as any separation and attachment will affect them, as the

case may be, and showing clearly the population contained within

the affected wards using figures officially and finally reported

in the most recent Federal census, decennial or special. The

report, upon completion, shall be submitted to council and shall

include a recommendation reflecting the decision of a majority

of its members concerning the proposed creation, division or

detachment of a ward or wards.

(b) Consistent with the standards applied in municipal

reapportionment pursuant to 53 Pa.C.S. § 903(b) (relating to

reapportionment by governing bodies), no report shall recommend

the creation, division or detachment of a ward or wards unless

the result of implementing the report and recommendation would

20110SB0874PN0890	- 49 -

be that each ward in the city is composed of compact and

contiguous territory as nearly equal in population as

practicable as officially and finally reported in the most

recent Federal census, decennial or special.

determine whether to submit the question of the proposed

creation, division or detachment of a ward or wards as provided

in the report to the registered voters of the city in accordance

with section 404.

Section 15.4. Sections 404, 405, 406, 407 and 408 of the act

are amended to read:

Section 404. Election[; Form of Ballot.--If a majority of

the commissioners appointed report favorably to such creation or

division, or the detaching from a ward of a part or district

thereof and attaching the same to another ward, the court shall

order].--(a) If based upon the report in section 403.2, council

decides to proceed, it shall certify to the county board of

elections the question of the creation, [or] division or

detachment of [such] the ward[,] or wards to be submitted to the

[qualified electors] registered voters of the ward or wards

[affected, and in the case of the detachment of territory to the

electors of the ward from which the territory is to be stricken

off] or parts thereof which are the subject of the report, at

the general or municipal election occurring not less than ninety

days [thereafter] after the report was approved by council.

(b) The [clerk of said court shall certify such order to

the] county board of elections [which] shall [thereupon] cause

[a proper] the question [to be submitted to the qualified

electors at such] of approving the creation, division or

detachment of a ward or wards to be placed on the ballot in the

20110SB0874PN0890	- 50 -

ward or wards or parts that will be affected thereby, at the

appropriate election in the manner provided by the Pennsylvania

Election Code.

Section 405. Notice of Election; Review of Report.--[It

shall be the duty of the mayor of the said city to give at least

fifteen days' public notice, by advertisement in one or more

newspapers, of general circulation, that such an election will

be held, and of the time and place of holding the same.] (a)

Council shall direct that an election notice by advertisement in

a newspaper be given at least fifteen days prior to the date

that the question of approving the creation, division or

detachment of a ward or wards are to be presented at the

specified general or municipal election.

(b) The election notice shall contain a statement of the

issue to be submitted to the registered voters at the election,

including the ward, wards or parts thereof to be affected, and

the date upon which the election is to be held. The notice shall

reference the report and specify that it is available for review

and copying as a public record pursuant to the act of February

14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

Section 406. Election Laws to Apply.--All [the electors,

judges, inspectors and clerks, voting at and in attendance upon

the election to be held under the provisions of this article,

shall be subject to the penalties imposed by] matters relating

to the election at which the question of approving the creation,

division or detachment of a ward or wards is to be presented to

the voters shall be governed by the applicable provisions of the

Pennsylvania Election Code.

Section 407. Computing Vote; Return; [Order of Court;]

Resubmission of Question.--[The officers of such election shall

20110SB0874PN0890	- 51 -

receive and count the votes in the manner prescribed by law, and

shall forthwith make out a return on forms furnished by the

board of elections, showing the number of votes for and against

such new ward, or for or against such division or detachment of

a ward, as the case may be, and shall deliver the same to the

clerk of the court of quarter sessions within three days. The

said clerk shall compute said return, and forthwith certify the

result thereof to the court. If it appears that a majority of

the votes so taken are for a new ward, or for a division or for

the detachment of territory and its attachment to another ward,

said court shall thereupon order and decree the creation of such

new ward or wards, or such division, or such detachment and

attachment agreeably to the lines marked out and returned by the

commissioners.]

(a) The county board of elections shall tabulate and publish

the results of the referendum in a newspaper within thirty days

of the election. A certified copy of the results shall be placed

on record among the minutes of council.

(b) If a majority voted in favor of creating or dividing a

ward or wards, or the detachment of a part of a ward to be

attached to another, council shall proceed to create or divide a

ward or wards or detach a part of a ward to be attached to

another, in accordance with the report, and shall number the new

wards when necessary[, and order a certified copy of the whole

proceeding to be placed on record among the minutes of council].

ward, or against division or against detachment] creating or

dividing a ward or wards, or the detachment of a part of a ward

to be attached to another, no further action shall be had upon

[such proceeding] the question, nor shall any new [application

20110SB0874PN0890	- 52 -

for such new ward or such division or detachment and attachment

be heard] petition on the same question be resubmitted until two

years from the date of [such] the election.

Section 408. Change of Ward Lines by [Court] Council.--

Whenever it shall appear to [the court of quarter sessions]

council in proceedings for the division of any ward, or the

creation of new wards, that any of the boundaries or divisions

thereof are uncertain for any cause, [the said court shall make

such order or decree as to] shall determine the relocation of

the line [as to it may appear proper, so that the same shall] to

conform as nearly as possible to the boundary lines which may

have been previously determined upon so long as the result is

that each ward in the city is composed of compact and contiguous

territory as nearly equal in population as practicable as

officially and finally reported in the most recent Federal

census, decennial or special.

Section 16. Article V and subdivision (a) heading of the act

are repealed:

[ARTICLE V

ANNEXATION OF TERRITORY

(a) Annexation of Boroughs, Townships and Parts

of Townships]

Section 16.1. Section 501 of the act, amended July 10, 1959

(P.L.519, No.138), is repealed:

[Section 501. Petition for Annexation of Boroughs or

Townships and Parts of Townships.--Any borough having a

population of less than ten thousand inhabitants, or any

township or part of a township, contiguous to any city, whether

wholly or partially within the same or different counties, may

become annexed to any such city in the following manner:

20110SB0874PN0890	- 53 -

(a) In the case of a borough, the borough council may pass

an ordinance for such annexation, whenever three-fifths of the

taxable inhabitants of such borough shall present a petition,

accompanied with the written consent of a majority in number and

interest of property owners of the borough, asking for such

annexation.

(b) In the case of a township, or part thereof, whenever

three-fifths of the taxable inhabitants of such township or part

thereof shall present a petition to the council of said city,

accompanied with the written consent of a majority in number and

interest of property owners of such township or part of a

township, asking for such annexation.

inhabitants residing therein, then whenever three-fifths of the

property owners in number and interest of property situated

therein shall present a petition to the council of said city

asking for such annexation.

In construing this section, a majority in interest of owners

of undivided interests in any piece of property shall be deemed

and treated as one person for the purpose of ascertaining the

number of petitioners.]

Section 16.2. Section 502 of the act is repealed:

[Section 502. Advertisement; Plots.--Before any such

petition is circulated or signed, notice thereof shall be given

by advertisement once a week for four weeks in two newspapers

published in or circulated throughout the territory to be

annexed. Such notice shall state the purpose of the petition and

the date it will be ready for signing. All such petitions shall

be accompanied by a plot or plots of the territory to be

annexed, showing all streets and highways, municipal or township

20110SB0874PN0890	- 54 -

improvements and public buildings.]

Section 16.3. Section 503 of the act, amended October 5,

1967 (P.L.327, No.143), is repealed:

[Section 503. Ordinance of City; Filing Copy Thereof.--Upon

presentation to the council of such city of a certified copy of

the ordinance in case of a borough, or of the petition in the

case of a township or part thereof, together with the required

plots in any case, the council of said city may, by ordinance,

annex such borough, township, or part thereof to the said city.

Certified copies of the borough and city ordinances and the

petition and the plans shall be filed in the office of the clerk

of the court of quarter sessions of the county or counties

involved, and like copies shall be certified to the Department

of Community Affairs of the Commonwealth. Nothing contained in

subdivision (a) of this article shall be deemed to require any

city to annex any borough, township or part of any such

township.]

Section 16.4. Section 504 of the act is repealed:

[Section 504. Conclusiveness of Ordinance; Referendum;

Appeal.--Thirty days after the filing of the said annexation

ordinance by the said city council, such ordinance and the

action of the said city council shall be finally conclusive,

unless an appeal therefrom is taken within the said thirty days,

by petition to the court of quarter sessions of the county in

which the city is located, or unless a referendum petition is

filed as provided in this act.]

Section 16.5. Section 505 of the act, repealed in part June

3, 1971 (P.L.118, No.6), is repealed:

[Section 505. Hearing an Appeal; Notice; Appeal from Final

Order.--Where an appeal is taken by any person aggrieved by such

20110SB0874PN0890	- 55 -

annexation ordinance of the city, the court shall fix a day for

hearing the same. Notice shall be given to all parties

interested in such manner as the court shall direct. From any

such final order or decree, any party in interest, aggrieved by

such order or decree, may have an appeal to the Supreme Court as

in other cases. Upon final determination and approval of the

annexation ordinance, the annexation shall take effect

immediately.]

Section 16.6. Section 506 of the act, added July 10, 1959

(P.L.519, No.138), is repealed:

[Section 506. Petition for Annexation of Boroughs Having Ten

Thousand or More Inhabitants.--Whenever electors, equal to at

least ten per centum of the highest vote cast for any office in

any borough having a population of ten thousand or more

inhabitants contiguous to a city at the last preceding general

election, or whenever ten per centum of the qualified electors,

residing within any part of a borough having a population of ten

thousand or more inhabitants contiguous to a city, shall

petition the council of such city for the annexation of the

borough, or part thereof, to the contiguous city, and for a

referendum on the question of such annexation, the council shall

cause a question to be submitted at the primary or general

election occurring at least sixty days thereafter, by certifying

a resolution, duly adopted, to the county board of elections of

the county or counties in which any part of the city or borough

is located, for submission of such question on the ballot or on

voting machines at such election, both in such borough and in

the city to which annexation is desired, in the manner provided

by the election laws of this Commonwealth.

Such question shall be in the following form:

20110SB0874PN0890	- 56 -

Do you favor the annexation of the

borough of .......................

Yes

(or the part of the borough briefly

described) to the city of ....... ?

If a majority of the persons voting on such question in the

entire borough shall vote "yes," and a majority of the persons

voting on such question in the city shall vote "yes," then the

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

Monday of January next following, be and become a part of the

city.

If a majority of the persons voting on the question in the

borough or in the city shall vote "no," no further proceeding

shall be had, and it shall not be lawful to hold another

election upon the question until the second general or municipal

election thereafter occurring.

All petitions shall be accompanied by a plot or plots of the

territory to be annexed, showing all streets and highways,

municipal improvements and public buildings, and all petitions

for the annexation of a part of a borough shall include a

description of the part of the borough sought to be annexed.]

Section 16.7. Article V subdivision (b) heading and section

515 of the act are repealed:

[(b) Annexation of Outlying Lots in a Township

Section 515. Annexation of Outlying Lots; Appointment of

Viewers.--Upon application by petition to the court of quarter

sessions signed by a majority or more of the taxable

inhabitants, accompanied by the written consent of a majority of

the property owners in number and interest of any outlots or

sections of land in a township containing not more than one

hundred acres of land contiguous to the city, and being part of

20110SB0874PN0890	- 57 -

the same county in which the city is situated, stating that they

desire the same to be annexed to said city, the desirability

therefor, and describing the lots or land to be annexed, with a

map or draft of the same, which petition shall be sworn to by

one or more of the petitioners, and accompanied by the petition

of the council of the city praying for the annexation of such

outlots or sections of land and containing a copy of the

resolution of the council of said city approving the annexation,

the said court shall thereupon appoint three viewers, who shall

be nonresidents of the city or of the township whose territory

is to be annexed, to inquire into and investigate the

allegations and facts stated in the said petition.]

Section 16.8. Section 516 of the act, amended October 5,

1967 (P.L.327, No.143), is repealed:

[Section 516. Notice of View; Report; Decree.--Notice of the

first hearing of the said viewers shall be given to the city,

and to at least one of the petitioners as the court may direct.

The said viewers, or a majority of them, shall make report to

said court at its next session after their appointment. If they

report that they find the statements and facts of said petition

to be true, and recommend the annexation as prayed for, and if

no appeal is taken within thirty days therefrom, the said court

shall thereupon make an order or decree to carry the annexation

into effect. The city clerk shall forward a certified copy of

said decree to the Department of Community Affairs of the

Commonwealth.]

Section 16.9. Section 517 of the act, amended October 5,

1967 (P.L.327, No.143) and repealed in part June 3, 1971

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

[Section 517. Appeal; Hearing; Notice; Decree.--Within

20110SB0874PN0890	- 58 -

thirty days after filing of such report, any person aggrieved

thereby may take an appeal, by petition to the court of quarter

sessions, setting forth his complaint, and thereupon the court

shall fix a day for hearing the same. Notice of such appeals

shall be given to all parties interested by publication once in

one newspaper, in accord with the provisions of section one

hundred and nine of this act. After such hearing, the court

shall decide whether the proceedings are in conformity with this

act, and make an order or decree either dismissing the appeal

and approving such annexation or sustaining the appeal and

dismissing the annexation. When the court of quarter sessions

makes an order to carry such annexation into effect, where no

appeal is taken, and upon final determination and approval of

the annexation ordinance, where an appeal has been taken, the

said outlots or sections of land shall at once and thereafter be

a part of said city as fully as if the same had been originally

a part thereof. A certified copy of any final decree or order

approving such annexation shall be forwarded by the city clerk

to the Department of Community Affairs.]

Section 16.10. Section 518, Article V subdivision (c)

heading and section 525 of the act are repealed:

[Section 518. Compensation of Viewers.--The viewers herein

provided for shall be allowed five dollars per day for each and

every day actually spent by them in the performance of their

duties, together with their actual necessary expenses. The costs

of the proceedings in all cases shall be paid by the city.

Section 525. Petition for Annexation of Territory in a

Borough; Ordinance of City.--Territory in a borough contiguous

to a city or separated therefrom by a river or stream may be

20110SB0874PN0890	- 59 -

detached from the borough and annexed to the city in the

following manner:

A petition signed by owners of the land in the territory

proposed to be detached and annexed, and described in the

petition, shall be presented to the borough authorities, who, if

they find that the petition is signed by either a majority of

freehold owners or by the owners of two-thirds of the area of

the territory described, and that the assessed valuation of the

territory described is not in excess of five per centum of the

assessed valuation of the borough, may, by ordinance, detach the

described territory, subject to the acceptance of the detached

portion by the city of the third class, and upon notice from the

council of the borough that it has ordained the detachment of

the described territory of the borough for the purpose of having

it annexed to the city, the city may, by ordinance, annex the

portion of the borough so proposed to be detached.]

Section 16.11. Section 526 of the act, amended October 5,

1967 (P.L.327, No.143), is repealed:

[Section 526. Filing of Plans.--Upon such annexation by

ordinance, a plan of the territory annexed shall be filed by the

city council in the office of the county commissioners and with

the clerk of the court of quarter sessions and thereupon the

detachment and annexation shall be effective: Provided, however,

That if there be no delay through litigation or causes beyond

the control of the councils, the plan shall be filed, as herein

required, within thirty days after the passage of the annexation

ordinance by the city council, and, if the proceedings are not

thus completed, they shall be void in their entirety and of no

effect. A copy of the plan filed shall be likewise forwarded to

the Department of Community Affairs of the Commonwealth.]

20110SB0874PN0890	- 60 -

Section 16.12. Article V subdivision (d) heading , sections

535 and 536 and subdivision (e) heading of the act are repealed:

[(d) Indebtedness and Public Property when Borough or

Township is Annexed

Section 535. Apportionment of Indebtedness of Borough or

Township; Taxes to be Uniform.--All the indebtedness of each

borough or township annexed to a contiguous city under the

provisions of this act, as well as the indebtedness of the city

to which the same is annexed, shall be paid by the city as

enlarged by such annexation; and all territory included within

the limits of the same shall be liable for the payment of the

floating and bonded indebtedness, and the interest thereon, of

all the territory included within such enlarged city; and all

taxes thereafter levied therefor shall be uniform throughout the

territorial limits of such enlarged city.

Section 536. Property of Annexed Territory to Become

Property of City.--All of the public property owned by any such

borough or township annexed to any city shall become and remain

the public property of the said city.

(e) Apportionment of Indebtedness when Part of a Township

or Outlying Lots are Annexed]

Section 16.13. Section 540 of the act, amended October 5,

1967 (P.L.327, No.143), is repealed:

[Section 540. Adjustment of Indebtedness when Part of

Township is Annexed.--Where any part of any township or outlying

lots thereof are annexed to any city, the township officers of

that part of the said township not annexed, and the city council

of the said city, shall make a just and proper adjustment and

apportionment of all public property owned by the said township

at the time of said annexation, both real and personal,

20110SB0874PN0890	- 61 -

including funds as well as indebtedness, if any, to and between

the said township and the city. In making such adjustment and

apportionment of the property and indebtedness, the township and

the city shall be entitled respectively to share in a division

of the property and indebtedness in the proportion that the

assessed valuation of the land remaining in the township bears

to the assessed valuation of the land annexed: Provided,

however, That where indebtedness was incurred by the township

for an improvement located wholly within the annexed part of the

township, the whole of such indebtedness shall be assumed by the

city, and where any part of any such improvement is located

within the annexed part of the township, the part of such

indebtedness representing the part of the improvement located

within the territory annexed, shall be assumed by the city, and

the adjustment and apportionment of any remaining debt, and the

public property of the township shall be made as above provided.

The adjustment and apportionment as made shall be reduced to

writing, and duly executed and acknowledged by the proper

officials, and filed in the office of the clerk of the court of

quarter sessions of the county in which said city is located. A

copy of such adjustment and apportionment shall be forwarded by

the city clerk to the Department of Community Affairs of the

Commonwealth.]

Section 16.14. Sections 541, 542 and 543 of the act are

repealed:

[Section 541. Appointment of Commission; Contents of

Report.--In case the said council of the said city and the

township's authorities cannot make such amicable apportionment

and adjustment of their property and indebtedness within six

months after any such annexation, then, in that case, the said

20110SB0874PN0890	- 62 -

council or any officer of said township may present a petition

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

city is located. Whereupon the said court shall appoint three

disinterested commissioners, residents and taxpayers of said

county not residing in the said city nor in the said township,

who, after hearing, due notice of which shall be given to the

city and township interested by publication once in one or more

newspapers, at least twenty days before said hearing, in accord

with the provisions of section one hundred and nine of this act,

shall make report to the court, making an apportionment and

adjustment according to the provisions of this act of all the

property as well as indebtedness, if any, to and between the

said city and the said township, said report to state the

amount, if any, that shall be due and payable from the city to

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

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

city or township, or both of them.

Section 542. Notice of Filing of Report; Exceptions;

Confirmation.--The commissioners shall give the city and the

township at least five days' notice of the filing of their

report. Unless exceptions are filed thereto by the city or by

the township within thirty days after filing thereof, the same

shall be confirmed by the court absolutely. Any sum awarded by

the report to the city or to the township shall be a legal and

valid claim in its favor against the city or township charged

therewith, and the amount of debt, if any, apportioned to any

city or township shall be a legal and valid claim against such

city or township charged therewith. Any property, real or

personal, given and adjudged to the city or the township shall

become and be the property of the city or the township to

20110SB0874PN0890	- 63 -

whichever one the same is given and adjudged. Upon such report

being confirmed, such claim or indebtedness charged against any

city or township may be collected in the same manner as a

judgment is collected against any city or township.

Section 543. Compensation of Commissioners; Costs.--The

commissioners shall be allowed five dollars per day for each day

actually spent by them in the performance of their duties,

together with their actual necessary expenses. All costs and

expenses of such proceedings shall be apportioned by the court

to and between the said city and the said township as it shall

deem proper.]

Section 16.15. Section 544 of the act, repealed in part June

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

[Section 544. Disposition of Exceptions; Appeal.--In case

exceptions are filed to the report of the commissioners, the

court shall dispose of the same, taking testimony if deemed

advisable, and the decision of the court thereon shall be final

and binding on the several cities and townships, unless an

appeal is taken.]

Section 16.16. Section 545, Article V subdivision (f)

heading, sections 550 and 551 and subdivision (g) heading of the

act are repealed:

[Section 545. Jurisdiction when Territory is in Two or More

Counties.--In cases where a city or township is situated in two

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

which the city is located shall have exclusive jurisdiction over

the matter, but the same shall be heard by a judge, not a

resident of either of the judicial districts affected, who shall

be called to preside specially in the matter, and, in such

cases, the court shall appoint the commissioners hereinbefore

20110SB0874PN0890	- 64 -

provided for from both or from three of such counties.

(f) Apportionment of Indebtedness when Part of a

Borough is Annexed

Section 550. Apportionment of Indebtedness; Decree of

Court.--The court of quarter sessions having jurisdiction of the

city, in cases where any part of a borough is annexed to a city,

upon a petition of the borough or city, may hear evidence and

consider the indebtedness and assessed valuation of the borough

and the city and the assessed valuation of the territory

annexed, and may enter a decree making such adjustment of the

indebtedness and the manner and time of the payment thereof as

to the court may seem meet and proper.

Section 551. Collection of Taxes Assessed Prior to

Annexation.--Any taxes assessed prior to the going into effect

of the proceedings shall be paid to the borough, and the

collection and enforcement thereof shall be as though the land

had not been detached.

(g) Wards]

Section 16.17. Section 560 of the act, amended October 5,

1967 (P.L.327, No.143), is repealed:

[Section 560. Distribution of Annexed Territory Among Wards;

New Wards; Ward Officers.--Within thirty days from the effective

date of any annexation, the city council shall cause a petition

to be presented to the court of quarter sessions of the county

in which the said city is located, praying for the distribution

of the annexed territory among the wards of the said city, or

for the creation of a new ward or wards out of the same, and to

make such order or decree as may be necessary to constitute such

ward or wards an election district or election districts, or add

to or create new election districts in a ward or wards to which

20110SB0874PN0890	- 65 -

such territory is attached, and the said court shall, in case of

the creation of a new ward or wards, appoint the election and

other officers of the same, and name the place or places of

holding the first election in the said ward or wards for ward

officers, and, for that purpose, may order a special election,

if said court shall deem the same necessary, to be conducted in

the manner provided by the Pennsylvania Election Code. The

officers elected at such special election shall hold their

respective offices until their successors, elected at the next

succeeding municipal election, shall be duly qualified. Any

decree of court creating a new ward or wards shall be entered in

full upon the records of said court and certified copies

thereof, under the seal of the court, shall be delivered by the

clerk of said court to and be filed by the city clerk of the

city and the secretary of the school district in which said ward

or wards become located. The clerk of the court of quarter

sessions shall likewise certify copies thereof to the Secretary

of the Commonwealth and to the Department of Community Affairs.]

Section 16.18. Article V subdivision (h) heading of the act,

amended August 6, 1963 (P.L.511, No.268), is repealed:

[(h) Annexation of Property Owned by a City]

Section 16.19. Section 561 of the act, amended October 5,

1967 (P.L.327, No.143), is repealed:

[Section 561. If any city owns land contiguous to said city

on January 1, 1963, the city may annex said territory in the

following manner:

A bill may be introduced in council to annex said land,

setting forth a description of the territory to be annexed and

the courses and distances of the boundaries of such territory.

If said bill becomes an ordinance by action of council, a copy

20110SB0874PN0890	- 66 -

thereof shall be certified to the Department of Community

Affairs.]

Section 16.20. Section 562 of the act, added May 27, 1957

(P.L.210, No.104), is repealed:

[Section 562. Upon such annexation by ordinance, a plan of

the territory annexed shall be filed by the city council in the

office of the county commissioners and with the clerk of the

court of quarter sessions, and thereupon the annexation shall

become effective.

The annexation proceedings authorized by these sections are

in addition to, and not in substitution of, proceedings

otherwise provided by law for annexation of territory, and may

be followed without reference to or compliance with such other

provisions.]

Section 16.21. Article V subdivision (i) heading, section

570, subdivision (j) heading and section 580 of the act, added

July 10, 1959 (P.L.521, No.139), are repealed:

[(i) Terms and Salaries of Officials and Employes

of Annexed Territory

Section 570. Annexation Officials and Employes.--In case of

annexation, all salaried public officials of territory annexed

who have theretofore been elected for a definite term shall

continue to receive during the term for which they were elected

the same salaries as they would have received except for such

annexation, and it shall be the duty of the mayor of such city

to assign to such public officials the performance of such

suitable services and duties as will be in the public interest

of the city and particularly of the annexed portion thereof. In

case of nonelective employes of such annexed borough or

township, they shall, so far as practicable, be employed at

20110SB0874PN0890	- 67 -

corresponding duties by the city in accordance with rules and

regulations to be established by city ordinance. Tax collectors

holding office at the date of annexation shall continue to

perform the duties and receive the emoluments of office for the

full term for which they were elected, but upon the expiration

of such term, the office shall be abolished within such

territory and the duties thereof shall be merged with that of

the collector of taxes of such city of the third class.

(j) Ordinances

Section 580. Annexation Ordinances.--In case of annexation,

all ordinances governing the annexed territory shall remain in

full force and effect over the annexed territory until

appropriate ordinances are passed by the Council of the city of

the third class integrating ordinances of the annexed territory

with those of the city of the third class.]

Section 17. Article VI heading of the act is reenacted to

read:

ARTICLE VI

CITY BOUNDARIES

Section 18. Sections 601, 602, 603, 604, 605 and 606 of the

act are amended to read:

Section 601. Navigable Stream Boundaries.--Whenever any city

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

opposite [township, borough, or city] municipal corporation is

also bounded by the nearest margin of the same stream, the

boundaries of [such] the city shall extend to the center line of

the stream. Nothing contained in this section shall be construed

to repeal any local or special law providing otherwise.

Section 602. Court to Establish Disputed Boundaries.--[The

court of quarter sessions, upon petition of any interested

20110SB0874PN0890	- 68 -

political subdivision] (a) In any case in which a city or any

municipal corporation contiguous to the city disputes the

boundary between them, the court of common pleas, upon petition

of the city or the contiguous municipal corporation, may

ascertain and establish the disputed [boundaries between any

such parties. Whenever the] boundary.

(b) In any dispute [involves] involving the boundaries of

counties, the provisions of [the County Code shall apply to that

extent.] this article shall not supersede the application of the

relevant provisions of the act of August 9, 1955 (P.L.323,

No.130), known as "The County Code."

Section 603. Petition to Court; Commissioners; Report.--Upon

[such] petition in accordance with section 602(a), the court

shall appoint [as] three impartial commissioners [three

impartial qualified electors], who shall have authority to

employ a professional engineer or surveyor. After giving notice

to parties [affected by publication once in at least one

newspaper, in conformity with section one hundred and nine of

this act, they shall view the disputed boundaries] interested as

directed by the court, the commissioners shall hold a hearing

and view the disputed boundaries. A majority of the

commissioners shall make [a prompt] their report and

recommendations to the court, [which report shall be]

accompanied [with] by a plot or draft of the lines and

boundaries proposed [boundary, if the same cannot be fully

described] to be ascertained and established if they cannot be

fully designated by natural lines[. The] or boundaries. Upon the

filing of the report, it shall be confirmed nisi, and the court

[shall] may make [such] further order [thereupon as to] as it

shall [seem] deem just and reasonable.

20110SB0874PN0890	- 69 -

Section 604. [Reviews;] Exceptions and [Issues.--Any person

affected may petition the court for a review, or may except to

the report of the commissioners. When matters of fact are in

dispute, the court may frame an issue and certify the same for

trial to the court of common pleas.] Procedure.--Exceptions to

the report may be filed by any interested person or municipal

corporation within thirty days after the filing of the report,

and the court shall set a day for the hearing of the exception.

Notice of the hearing shall be given as the court may direct.

After hearing, the court may sustain the exceptions or dismiss

them and confirm the report or refer the report back to the same

or new commissioners with authority to make another report. If

no exceptions are filed within thirty days after the filing of

the report, the court shall confirm the report absolutely. When

any report is confirmed absolutely, the court shall enter a

decree establishing the lines and boundaries as shown in the

report.

Section 605. Pay and Expenses of Commissioners.--The

commissioners shall each receive [five dollars per day, for each

day necessarily employed in the performance of their duties, as

well as mileage at the rate of ten cents per mile for each mile

necessarily traveled, and reasonable expenses incurred for

surveying] reasonable compensation as established by the court

and reasonable expenses incurred for surveying services, to be

paid equally by the [political subdivisions interested] city and

any interested municipal corporation.

Section 606. Boundary Monuments.--[Whenever a boundary is

established pursuant to the preceding sections of] If a

boundary, ascertained and established pursuant to this article,

[the court shall cause such part of the same as] cannot be fully

20110SB0874PN0890	- 70 -

described by natural lines, the court shall cause it to be

marked with permanent monuments, placed at intervals not

exceeding fifteen hundred feet[,] and at the end of any course[,

and the]. The expense of placing [the said] these monuments,

[when] as approved by the court, shall be borne equally by the

[political subdivisions interested, and the court shall compel

payment of the same according to law] city and any interested

municipal corporation.

Section 19. Article VII heading of the act is reenacted to

read:

ARTICLE VII

ELECTED OFFICERS AND ELECTIONS

Section 20. Sections 701, 702, 703 and 704 of the act are

amended to read:

Section 701. Elected Officers; Term; Eligible to Reelection;

Vacancies Where Elected Officer Fails to Qualify.--[The] (a)

(1) Except as provided in subsection (c), the elected officers

of each city shall be a mayor, four [councilmen] council

members, a controller, and a treasurer.

(2) Except as provided in section [seven hundred and two of

this act] 702 with respect to the first election of members of

council, each [of such officers] elected officer shall serve for

a term of four years from the first Monday of January next

succeeding his or her election[,] until the first Monday of

January in the fourth year thereafter.

(3) Any such officer shall be eligible to reelection.

(b) Any person elected to a city office who fails to qualify

[within thirty days after the first Monday of January following

his election] in accordance with the provisions of sections 904

and 905 and, as applicable, section 1001, 1201, 1401 or 1701,

20110SB0874PN0890	- 71 -

shall be ineligible to qualify thereafter. A vacancy shall then

exist in the [said] office and a person shall be appointed to

fill [said] the vacancy in the manner provided by this act.

council members may be elected to form a seven-member council

comprised of six council members and the mayor, or a city that

has opted for a seven-member council may reestablish a five-

member council comprised of four council members and the mayor,

in accordance with the following:

(1) Upon petition of at least five per centum of the

registered voters of the city or pursuant to a resolution of

council, and after approval by a majority of those voting at the

next municipal or general election, there shall be elected two

additional council members, so that the council shall be

comprised of six council members and the mayor.

(2) The referendum petition or resolution of the council

certified by the city clerk shall be filed with the county board

of elections not later than the thirteenth Tuesday before the

next municipal or general election. The county board of

elections shall place the question before the electors as

provided by the Pennsylvania Election Code. The form of the

question shall be as follows:

Should two additional council members be elected to serve in

this city, so that council shall be comprised of six council

members and the mayor?

Yes

(3) The county board of elections shall tabulate and publish

the results of the referendum within thirty days of the

election.

(4) In no event shall the question of additional council

20110SB0874PN0890	- 72 -

members be voted on more than once in any three-year period.

(5) At the first municipal election following approval at a

general election of the question providing for the election of

two additional council members, one of the additional council

members shall be elected for a term of four years and one for a

term of two years, each to serve from the first Monday of

January after the election. At the first general election

following approval at a municipal election of the question

providing for the election of two additional council members,

one of the additional council members shall be elected for a

term of three years and one for a term of one year, each to

serve from the first Monday of January after the election. After

that time, the additional council members shall be elected for

terms of four years each to serve from the first Monday of

January after the election.

(6) In cities in which the electorate has opted for a seven-

member council, comprised of six council members and the mayor,

the city shall return to a five-member council, including the

mayor, upon petition of at least five per centum of the

registered voters of the city or pursuant to a resolution of the

council, and after approval by a majority of electors voting at

the next municipal or general election. The referendum petition

or resolution shall be filed with the county board of elections

not later than the thirteenth Tuesday before the next municipal

or general election. The county board of elections shall place

the question before the electors as provided under the

Pennsylvania Election Code. The form of the question shall be as

follows:

Should this city return to a five-member council, comprised

of four council members and the mayor?

20110SB0874PN0890	- 73 -

Yes

(7) The county board of elections shall tabulate and publish

the results of the referendum within thirty days of the

election. In no event shall the question of reducing the seven-

member council be voted on more than once in any five-year

period.

(8) At the first municipal election following approval of

the question providing for the return to a five-member council,

to be comprised of four council members and the mayor, four

council members shall be elected to serve from the first Monday

of January after the election, when the terms of the six council

members serving on the seven-member council shall cease. The

four candidates receiving the highest number of votes for the

office of council member shall be elected. The two candidates

receiving the first and second highest number of votes shall

serve for a term of four years. The two candidates receiving the

third and fourth highest number of votes shall serve for a term

of two years. After that time, council members shall be elected

as provided in subsection (a).

Section 702. First Elections in Newly Created Cities.--(a)

At the first municipal election occurring at least ninety days

after the date of the letters patent issued by the Governor

incorporating [and] the city, the [qualified electors of such]

registered voters of the city shall elect [a mayor, a treasurer,

and a controller] city officials as set forth in section 701(a)

(1). [At such election, the electors of such city shall also

elect four councilmen.]

(b) The two candidates for [such office] council receiving

respectively the highest number of votes at [such] the election

shall serve for a term of four years from the first Monday of

20110SB0874PN0890	- 74 -

January next succeeding their election until the first Monday of

January in the fourth year thereafter[, and the two candidates

at such election].

highest number of votes shall serve for a term of two years from

the first Monday of January next succeeding their election until

the first Monday of January in the second year thereafter.

Section 703. Nominations and Elections.--All matters

relating to nominations of candidates and election of city

officers shall be governed by the applicable provisions of the

Pennsylvania Election Code.

Section 704. Certificates of Election.--[Whenever an

election shall have been held for city officers, for regular

accordance with this article, it shall be the duty of the

[officer-elect to procure from the] county board of elections to

issue, and of the officer-elect to procure, a certificate of

election [as issued by the board, according to law, and to lay

the same before]. The officer-elect shall present the

certificate of elections to council on the date and time fixed

by law for [their] its organization[; and the said]. The

certificate shall be filed among the city archives, and its

presentation shall be noted in the minutes.

Section 21. Article VIII heading of the act is reenacted to

read:

ARTICLE VIII

VACANCIES IN OFFICE

Section 22. Section 801 of the act, amended August 21, 1953

(P.L.1292, No.364), is amended to read:

Section 801. Vacancies in Council and Office of Mayor.--[If

20110SB0874PN0890	- 75 -

a vacancy exists in the city council, whether as to the office

of mayor or one or more of the other members of council, the

city council shall, by a majority of its remaining members, fill

such vacancy, within thirty days thereafter, by electing a

qualified person to serve until that first Monday of January

when his successor who shall have been elected by the qualified

electors at the next municipal election, occurring at least

thirty days after such vacancy exists, is duly sworn into office

for the remainder of the term of the person originally elected

to said office.

In case vacancies should exist whereby the offices of three

or four of the five members of the city council become vacant,

the remaining one or two members shall fill such vacancies, one

at a time, giving each new appointee such reasonable notice of

his appointment as will enable him to meet and act with the then

qualified member or members of the city council in making

further appointments until three members of city council have

been qualified, whereupon the said three members shall fill the

remaining vacancies at a meeting attended by the said three

members of said city council, such appointees to receive a

majority of the votes of the said three members present at any

such meeting. The person or persons selected to fill such

vacancy or vacancies shall hold their offices as herein

provided.

If, by reason of a tie vote, or otherwise, such vacancy shall

not have been filled by the remaining members of city council

within the time as limited herein, the court of common pleas,

upon the petition of ten or more qualified electors shall fill

such vacancy by the appointment of a qualified person, for the

portion of the unexpired term as above provided.

20110SB0874PN0890	- 76 -

If at any time vacancies should occur or exist in the

membership of all five members of city council, the court of

common pleas shall appoint a city council, including a mayor, of

persons properly qualified, who shall serve as herein provided.]

(a) Within thirty days of a vacancy in the office of mayor or

other member of city council, or if an elected mayor or council

member has failed to qualify pursuant to section 701 prior to

taking office, the council shall, by a majority of its remaining

members, appoint a qualified person to fill the vacant office.

(b) If council does not fill a vacancy within thirty days in

accordance with subsection (a), or if vacancies should exist in

the offices of a majority or more of the members of the city

council, including the position of mayor, the president judge of

the court of common pleas having jurisdiction within the city

shall fill the vacancy or vacancies upon either the petition of

ten or more qualified electors of the city or the petition of a

majority of the remaining members of council.

serve for the lesser of the following periods:

(1) The remainder of the unexpired term of the office to

which he or she is appointed.

(2) Until the first Monday of January after the next

municipal election occurring at least thirty days after the

vacancy occurred.

(d) If necessary to fill the unexpired term of the person

originally elected to an office that has become vacant, a person

shall be elected at the municipal election referred to in

subsection (c) to serve from the first Monday of January after

that election for the remainder of the unexpired term.

Section 23. Section 802 of the act, amended May 6, 1957

20110SB0874PN0890	- 77 -

(P.L.104, No.45), is amended to read:

Section 802. Vacancy in Office of Controller or of

Treasurer.--[If a vacancy occurs in the office of city

controller or in the office of city treasurer, the city council

shall fill such vacancy, within thirty days thereafter, by

choosing a city controller or a city treasurer, as the case may

be, to serve until his successor is elected by the qualified

electors at the next municipal election, occurring at least two

hundred days after such vacancy occurs, and is duly sworn into

office. The person so elected shall serve for the remainder of

the term of the person originally elected to such office.

If by reason of a tie vote or otherwise, such vacancy shall

not have been filled by the members of city council within the

time as limited herein, the court of common pleas upon the

petition of ten or more qualified electors shall fill such

vacancy by the appointment of a qualified person for the portion

of the unexpired term as above provided.] (a) Within thirty

days after a vacancy occurs in the office of city controller or

in the office of city treasurer, or if an elected city

controller or city treasurer has failed to qualify pursuant to

section 701 prior to taking office, the council shall appoint a

qualified person to fill the vacant office.

(b) If council does not fill a vacancy within thirty days in

accordance with subsection (a), the president judge of the court

of common pleas having jurisdiction within the city shall fill

the vacancy upon the petition of ten or more registered voters

of the city.

serve for the lesser of the following periods:

(1) For the remainder of the unexpired term of the

20110SB0874PN0890	- 78 -

controller or treasurer whose office has become vacant.

(2) Until the first Monday of January after the next

municipal election occurring at least two hundred days after

such vacancy occurs.

(d) If necessary to fill the unexpired term of the

controller or treasurer whose office has become vacant, a person

shall be elected at the municipal election referred to in

subsection (c) to serve from the first Monday of January after

that election for the remainder of the unexpired term.

(e) In any case in which a person is elected or appointed to

fill an office for which a bond is required and if, within

fourteen days of the date that person is scheduled to take the

oath of office at the organizational meeting of council, he or

she fails to post a bond, the office shall be deemed to be

vacant and the resulting vacancy shall be filled in the manner

provided by this act.

Section 24. Article IX heading of the act is reenacted to

read:

ARTICLE IX

GENERAL PROVISIONS RELATING TO CITY

OFFICERS AND EMPLOYES

Section 25. Sections 901, 902, 903, 904, 905, 906, 907, 908

and 909 of the act are amended to read:

Section 901. Appointment and Removal of Officers and

Employes; Removal from Elective Office; Employes Not to Hold

Elective Office.--(a) Council shall have the power of

appointment and dismissal of all city officers and employes,

other than elected officers, and shall provide for the removal

of officers of the city whose offices are established by

ordinance, except where otherwise provided by this act.

20110SB0874PN0890	- 79 -

(b) In the case of persons holding an elective city office,

whether elected thereto or duly appointed to fill a vacancy in

the elective office, the following shall apply:

(1) They shall be removed from office in accordance with the

Constitution of this Commonwealth, as follows:

(i) By impeachment;

(ii) By the Governor for reasonable cause after due notice

and full hearing on the advice of two-thirds of the Senate; or

(iii) Upon conviction of misbehavior in office, or of any

infamous crime.

(2) Provisions of this act or other provisions of law

requiring a forfeiture of office upon the conviction of a crime

shall apply only if the court determines that the conviction is

for misbehavior in office or for an infamous crime.

(3) Nothing in this section shall prevent title to elected

city offices from being tried by proceedings of quo warranto as

provided by law.

offices or positions, other than to elective offices, the

following shall apply:

(1) They may be removed by the appointing power, except as

limited by law or the constitution.

(2) They shall be removed on conviction of misbehavior in

office or of any infamous crime.

(d) Except as otherwise provided by law, a person may not

concurrently hold elective city office and be an employe of the

same city.

Section 902. Officers and Employes; Number; Duties;

Compensation.--[Council shall] (a) Except as otherwise provided

by this act, council may prescribe, by ordinance, the number,

20110SB0874PN0890	- 80 -

duties, and compensation of the officers and employes of the

city. [No payment of such compensation shall be made from the

city treasury or be in any way authorized, to any person except

an officer or employe elected or appointed in pursuance of law.

No ordinance shall be passed giving any extra compensation to

any officer, servant, employe or contractor, without previous

authority of law.]

(b) With regard to compensation paid to any officer or

employe of the city, the following shall apply:

(1) No payment shall be authorized from the city treasury to

any officer or employe of the city unless that officer or

employe has been elected or appointed in accordance with law.

(2) Unless previously authorized by law, no ordinance shall

give extra compensation to any officer or employe of the city.

document authorizing payment, or passing or paying any voucher

contrary to this section, shall be guilty of a misdemeanor[,]

and, upon conviction thereof, shall [forfeit his office,] be

subject to forfeiting his or her office in accordance with

section 901(b)(2) and be sentenced to pay a fine not exceeding

five thousand dollars, or to undergo imprisonment not exceeding

one year, or both, at the discretion of the court.

Section 903. [Salaries of Officers not to be Increased After

Election] Changes in Salary, Compensation and Emoluments of

Officers.--(a) No city shall increase or diminish the salary,

compensation, or emoluments of any elected officer after [his]

the officer's election. Any change in salary, compensation or

emoluments of the elected office shall become effective at the

beginning of the next term of the member of council or other

elected official.

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(b) Nothing in subsection (a) shall be construed to limit

retirement benefits applicable to all employes and officers.

Section 904. Offices to be Held until Qualification of

Successors.--Any officer of any city, who has been elected or

appointed and has qualified, shall hold [said] office until his

or her successor is elected or appointed and [duly qualifies.]

takes the oath of office, provides any necessary bond and takes

any other necessary actions required by law to qualify to assume

office. Should any elected official fail to appear at the

organizational meeting of the city council to demonstrate his or

her qualifications for office and to take the oath of office,

such official shall fully qualify for office and shall take the

oath of office within fourteen days of the date of the

organizational meeting of the council or the office of that

elected official shall be deemed to be vacant and the vacancy

shall be filled in the manner provided by this act. When the

terms of office of more than one council at-large member expire,

and more than one seated council member are to be replaced as

the result of an election, and only one of the newly elected

council members fails to qualify to assume office, those members

whose terms have expired and who are to be replaced shall draw

lots to determine which of them shall continue to serve on

council until his or her successor duly qualifies for and takes

the oath of office. No person continuing to hold office pursuant

to this section after the first Monday of January which would

have marked the end of his or her term shall participate in the

deliberations concerning or in any vote appointing his or her

successor.

Section 905. Oath of Office; Violation of Oath; Penalty.--

(a) All officers of the city, whether elected or appointed,

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shall, before entering upon their respective duties, take and

subscribe [the oath prescribed by section 1 of article VII of

the Constitution of this Commonwealth. Any person refusing to

take such oath shall forfeit his office. Any person guilty of a

violation of his oath shall be guilty of a misdemeanor, and,

upon conviction, shall forfeit his office, and be sentenced to

pay a fine not exceeding one thousand dollars, or to undergo an

imprisonment not exceeding one year, or both, at the discretion

of the court.] an oath or affirmation of office pursuant to 53

Pa.C.S. § 1141 (relating to form of oaths of office).

(b) Any person refusing to take the oath shall be deemed not

to have met the qualifications to hold office. Any person who

violates his or her oath shall be guilty of a misdemeanor, and

upon conviction thereof, shall be sentenced to pay a fine not

exceeding one thousand dollars or to undergo imprisonment not

exceeding one year, or both, at the discretion of the court, and

shall be subject to forfeiting his or her office in accordance

with section 901.

Section 906. Bond to be Given by Officers and Agents.--

[Council] In addition to the requirements for bonding that may

be imposed by this act or any other law, council may require

from all officers and agents of the city, elected or appointed,

lawful bonds with corporate sureties for the faithful

performance of their duties. No officer or agent required by law

or ordinance to give bond, as aforesaid, shall be sworn into

office or enter upon the duties thereof until such bond shall

have been duly approved by the proper authority.

Section 907. Surety Bonds; [Premiums.--When any officer or

employe of any city is required to give a bond for the faithful

performance of this duties, such bond shall be endorsed by a

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surety company, and the city shall pay the premium on such bond.

The bonds of city officers and employes hereafter given shall be

with corporate sureties and not with individual or personal

sureties.] Insurance; Premiums.--(a) Unless otherwise provided

by this act or any other provision of law, the following shall

apply when any elected or appointed officer or employe of any

city is required to give a bond:

(1) The bond shall be for the faithful performance of the

duties of the elected or appointed officer or employe.

(2) The bond shall be endorsed by a surety or other company

authorized by law to act as a surety and that is qualified to do

business in this Commonwealth.

(3) The bonds of elected or appointed officers and employes

shall be with corporate sureties and not with individual or

personal sureties.

(4) The city shall pay the premium on the bond, unless all

or a portion of the premium on the bond is to be paid by the

Commonwealth or political subdivisions other than the city, or

unless provisions are otherwise made in law for payment of the

premium on the bond, in which case the city shall pay the unpaid

portion of the premium.

(5) The bond shall be approved by the city solicitor.

(6) In addition to any other conditions required by law, the

bond shall be in such sum and with such conditions as council

may direct.

(b) Except as may be otherwise provided in section 1402,

when any elected or appointed officer or employe of any city is

required to give a bond for the faithful performance of his or

her duties, council may, in lieu of the bond, purchase one or

more blanket bonds for elected or appointed officers or employes

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or it may purchase insurance provided that the insurance covers

the same events of loss and insures the city against the same

misconduct as the bond in compliance with this act.

faithful performance of official duties by any elected or

appointed officer or employe of any city or any insurance in

lieu of the bond, council may require city officers or employes

who as part of their official duties handle money or have money

in their possession at any time to be covered by adequate

insurance which provides the types of protection against loss as

may be designated by council, which may include, but need not be

limited to, protection against loss through robbery, burglary or

larceny. The cost of the insurance shall be paid by the city and

the amount of the insurance shall be fixed by council.

Section 908. Officers not to Become Surety on Bonds Given to

City; Penalty.--No member of the council, or any other city

officer, shall become surety [in] on any bond or obligation

given to the city by any agent or contractor[,] for the faithful

performance of any trust, agency, or contract. Any person

violating any of the provisions of this section shall be guilty

of a misdemeanor[,] and, upon conviction, shall [forfeit] be

subject to forfeiting his or her office in accordance with

section 901 and be sentenced to pay a fine not exceeding one

hundred dollars.

Section 909. Moneys and Accounts to be Delivered by Officer

to Successor.--Every officer of the city receiving or having in

his or her possession any money, accounts, property, documents

or effects belonging to the city shall, upon termination of his

or her office, deliver the same to the city or to his or her

qualified successor. Any person violating the provisions of this

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section shall[, upon summary conviction thereof before an

alderman or justice of the peace, be sentenced to pay a fine of

not less than one hundred dollars or more than three hundred

dollars, and, in default of payment, undergo imprisonment not

exceeding ninety days. Such failure to deliver shall, for each

day thereof, be a separate and distinct offense.] be subject to

prosecution in accordance with the applicable provisions of 18

Pa.C.S. (relating to crimes and offenses). Nothing set forth in

this section may limit any other remedies at law or at equity

available to the city.

Section 26. Sections 910, 911, 912, 913, 914 and 915 of the

act are repealed:

[Section 910. Receipt of Bribe by Officer or Employe of

City; Penalty.--Any member of council, or other city officer or

employe, who shall solicit, demand, or receive, or consent to

receive, directly or indirectly, for himself or for another,

from any company, corporation, or persons, any moneys, office,

appointment, employment, testimonial, reward, thing of value or

enjoyment or of personal advantage, or promise thereof, for his

vote or official influence, or for withholding the same, or with

an understanding, expressed or implied, that his vote or

official action shall be in any way influenced thereby, or who

shall solicit or demand such money or other advantage, matter,

or thing, aforesaid, for another, as the consideration of his

vote or official influence, or for withholding the same, or who

shall give or withhold his vote or influence in consideration of

the payment or promise of such money, advantage, or thing to

another, shall be guilty of bribery, a felony, and, upon

conviction thereof, shall be sentenced to pay a fine not

exceeding ten thousand dollars, and to undergo imprisonment for

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a period not exceeding five years, and shall be forever

incapable of holding any place of profit or trust in this

Commonwealth.

Section 911. Bribery of Officers or Employes; Penalty.--Any

person who shall, directly or indirectly, offer, give, or

promise any money or anything of value, testimonial, privilege,

or personal advantage to any member of council or other city

officer or employe, to influence him in the performance or

nonperformance of any of his public or official duties, shall be

guilty of bribery, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding ten thousand dollars, and

to undergo imprisonment for a period not exceeding five years,

and shall be forever incapable of holding any place of profit or

trust in this Commonwealth.

Section 912. City Property not to be Used by Officers for

Gain; Penalty.--No portion of the property of the city shall be

used for private gain by any officer of the city, councilman,

agent or employe of said city, or any department thereof; nor

shall the same be wilfully used or injured, or be sold or

disposed of in any manner by any officer, councilman, agent or

employe, without the consent of the council. Any person

violating any of the provisions of this section shall be guilty

of a misdemeanor, and, upon conviction, shall be sentenced to

pay a fine not exceeding five hundred dollars, or to undergo

imprisonment not exceeding one year, or both, at the discretion

of the court. Upon such conviction, the party offending shall be

forthwith removed from his office or employment, and shall not

thereafter be eligible to election or appointment to any place

of profit or trust under said city, or any department thereof.

Section 913. City not to Engage in Private Construction.--No

20110SB0874PN0890	- 87 -

official, officer, agent or employe of any city or of any

department, office, institution or agency thereof, shall dispose

of, or authorize or permit the disposal of, any services,

materials, supplies or labor belonging to, or paid or contracted

for by, the city or any of its departments, offices,

institutions or agencies, in any building, installing, laying or

other work of construction of any manner of thing, whether

gratuitously or for a consideration, for private rather than

public benefit, within or without the city's boundaries, unless

such disposal is expressly or by necessary implication

authorized or required by law. This section is intended to

prohibit encroachment of officials, officers, agents or employes

of a city upon the markets of legitimate private enterprise

engaged in all types of construction work. Any official,

officer, agent or employe of a city or any department, office,

institution or agency thereof, violating the provisions of this

section, shall, upon summary conviction thereof, forfeit and pay

to the city a fine of not less than one hundred nor more than

three hundred dollars for each such offense, or in default

thereof undergo imprisonment for not more than ninety days; and

each day's violation shall constitute a separate and distinct

offense.

Section 914. Warrants or Claims not to be Purchased by

Officers; Penalty.--No member of the council or other officer of

such city, shall purchase any warrant, order, or claim for labor

or supplies furnished to said city, nor be interested, directly

or indirectly, in the purchase of the same for any sum less than

the amount specified therein. Any such person violating any of

the provisions of this section shall be guilty of a misdemeanor,

and, upon conviction thereof, shall forfeit his office and be

20110SB0874PN0890	- 88 -

sentenced to pay a fine not exceeding one hundred dollars.

Section 915. Imposition of Penalties.--Whenever any offense

punishable under this article IX shall also be punishable under

the Penal Code of 1939, the penalties imposed, other than

forfeiture of office or right to hold office, shall be only

those prescribed by said Penal Code.]

Section 27. Section 916 of the act, amended September 26,

1951 (P.L.1515, No.379), is amended to read:

Section 916. [City Leagues] Pennsylvania League of Cities

and Municipalities and Other Municipal Affairs Organizations.--

Any city may unite with other cities, or with the cities of two

or more classes, or with any other municipalities, and may form

and organize [leagues] a league of said cities[,] and

municipalities and hold annual conventions for the study and

consideration of such municipal affairs as concern and pertain

to the cities and municipalities comprising the league. [Each] A

city that is a member of [a] the league may send delegates

thereto and pay the necessary expenses incident to their

attending [said] the annual convention, [and] pay dues to the

league, appropriate moneys to join and participate in any of the

various business and training programs of the league designed to

address municipal needs in a cost-efficient manner and provide a

fund for the necessary costs and expenses of the league and

league conventions and the work carried on by [said] the league.

Each delegate shall submit to the city controller for approval

an itemized account of his or her expenses to be paid [him]

under the authority of this section. Council is hereby

authorized to appropriate [monies] moneys for like support of

and participation in other organizations at the national and

State level concerned with municipal affairs.

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Section 28. Section 917 of the act is amended to read:

Section 917. Powers of Subpoena; Compelling Testimony.--[In

any case where an official or officer of the city or any agency

thereof created or authorized by this act is specifically

empowered to conduct hearings and investigations, such officer,

official or agency] (a) This section applies to any of the

following that are specifically empowered to conduct hearings

and investigations:

(1) an officer or official of the city; or

(2) a city agency created or authorized to be created by

this act.

(b) The officer, official or city agency referred to in

subsection (a) shall have authority, for the purposes of [such]

hearings or investigations, to issue subpoenas for the

attendance and giving of testimony of [such] witnesses as are

subject to the subpoenas of the courts of record of this

Commonwealth, and to issue subpoenas duces tecum as to [such]

the witnesses.

shall [issue] be issued in the name of the city and of the

agency upon the signature of the presiding officer [thereof] of

the city and the official seal, if any, of the agency. [Any

person refusing to obey the orders of any such subpoena shall,

upon summary conviction thereof before an alderman of the city,

be fined not less than ten nor more than three hundred dollars,

and in default of payment thereof shall be imprisoned for a

period not in excess of thirty days. All such fines shall be

paid to the city treasurer for the use of the city.]

(d) Subpoenas shall be served by any adult person as

directed by the city or city agency, in accordance with the

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rules of civil procedure, and return of service shall be filed

in accordance with law and applicable rules of court.

(e) Subpoenas issued by any officer or official of the city

or any city agency shall be enforced in the same manner, and

violations of a subpoena shall be subject to the same penalties

as provided by general law for subpoenas of the courts of common

pleas of the Commonwealth.

Section 29. Section 918 of the act, added August 1, 1963

(P.L.459, No.244), is amended to read:

Section 918. Consolidation or Integration of Fire and Police

Personnel Prohibited.--No city shall consolidate, integrate or

in any manner reorganize the paid members of the fire [bureau]

force and the paid members of the police [bureau] force into one

bureau or organization.

Section 30. The act is amended by adding a section to read:

Section 919. Limitation Upon Employe Witnesses.--A city may

regulate the circumstances under which a city police officer,

firefighter, engineer, housing inspector, building inspector or

other employe may provide expert testimony in a civil action or

proceeding to which the city is not a party if the transaction

giving rise to the action or proceeding occurred within the city

and the employe's knowledge of the facts giving rise to the

action or proceeding was acquired in the course of the employe's

performance of his or her job-related duties for the city.

Section 31. Article X and subdivision (a) headings of the

act are reenacted to read:

ARTICLE X

THE COUNCIL

(a) General Provisions

Section 32. Section 1001 of the act, amended July 27, 1973

20110SB0874PN0890	- 91 -

(P.L.230, No.60), is amended to read:

Section 1001. Qualifications of [Councilmen.--The

councilmen] Council Members.--(a) The council members shall be

at least [twenty-one] eighteen years of age[,] and shall be

elected by the electors at large[. They shall have been

residents of the city wherein they shall be elected throughout

one year next before their election, and shall reside therein

throughout their terms of service.], subject to the creation of

wards pursuant to Article IV.

(b) Council members shall reside in the city from which

elected and shall have resided in the city continuously for at

least one year before their election. Prior to being sworn in to

office and as a condition to qualifying for office, each elected

council member shall present a signed affidavit to the city

clerk that states the person resides in the city from which

elected and has resided in the city continuously for at least

one year preceding the person's election.

of Pennsylvania (except notaries public or officers of the

militia), nor any county officer, nor any officer of any school

district embraced in the territory of [said] the city, nor any

officer or employe of [said] the city, or of any department

[thereof, nor any member or employe of a municipality authority

of which the city is a member] of the city, shall serve as a

[councilman during his continuance or] council member while

continuing to hold the incompatible office or employment, except

as hereinafter provided.

Section 33. Section 1002 of the act is amended to read:

Section 1002. Vesting of Legislative Power.--The legislative

power of every city shall be vested in a council composed of the

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mayor and [four councilmen] council members.

Section 34. Section 1003 of the act, amended April 9, 1957

(P.L.53, No.27), is amended to read:

Section 1003. Organization of Council.--[The] On the first

Monday of January following the regular municipal election, the

members of council shall assemble [in their] at the usual place

of meeting[,] for the purpose of organizing[, at ten o'clock in

the forenoon of the first Monday of January next succeeding the

regular municipal election]. If the first Monday is a legal

holiday, the meeting shall be held the first day following [at

the time herein prescribed]. The mayor shall be the president of

the council, and a member [thereof] of the council, and shall

have the same rights and duties, including the introduction of

bills and the making of motions, as pertain to [councilmen.]

other council members. The vice president of city council shall

be the member of city council designated as the director of the

department of accounts and finance or, if a member of city

council is not the director of that department, the member of

council appointed by the council as its vice president.

Section 35. Sections 1004 and 1005 of the act are amended to

read:

Section 1004. Oath of [Councilmen] Council Members; Quorum;

Rules.--(a) The members of council shall take the oath of

office provided for [by this act, which oath may be administered

by the city clerk or any other person authorized to administer

oaths. Three] in section 905.

(b) A majority of the whole number of members of council

shall constitute a quorum, but a smaller number may compel the

attendance of absent members, under penalties to be prescribed

by ordinance. Only members physically present at a meeting place

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within the city shall be counted in establishing a quorum.

rules] and adopt rules for its procedure and conduct of

business.

Section 1005. Meetings of Council; Notice; Participation by

Telecommunication Device.--(a) The council shall hold stated

meetings at least once in each month, and at such other times as

may be fixed by ordinance, and continue them so long as the

transaction of the public business demands. The mayor [may, and

upon request of two councilmen must, call special meetings of

council upon], as president of council, may call special

meetings of council. A special meeting of council shall be

called by the mayor upon the request of two council members in

the case of a five-member council, or upon the request of three

council members in the case of a seven-member council. In

addition to any notice required by 65 Pa.C.S. Ch. 7 (relating to

open meetings), twenty-four hours' notice of a special meeting

shall be given to each member[, which notice shall state whether

such meeting is to be convened for special or general business.

If called for special business, only such business shall be

considered as is stated in the notice. Such notice may be waived

by unanimous consent of council]. A special meeting can be a

special purpose meeting or a general purpose meeting, as

advertised.

(b) Council may provide for the participation of council

members in meetings of council by means of telecommunication

devices, such as telephones or computer terminals, which permit,

at a minimum, audio communication between locations, provided

that:

(1) a majority of the whole number of members of council are

20110SB0874PN0890	- 94 -

physically present at the advertised meeting place within the

city;

(2) the telecommunication device used permits the member of

council not physically present at the meeting to hear the

comments of and speak to the other members of council and of the

general public who are physically present;

(3) the telecommunication device used permits members of

council and the members of the public who are physically present

at the meeting to speak to and hear the comments and vote, if

any, of the member of council who is not physically present at

the meeting; and

nothing in this subsection may be construed to limit the

protections and prohibitions contained in section 202 of the

Americans with Disabilities Act of 1990 (Public Law 101-336, 104

Stat. 327), and the Federal rules and regulations adopted in

implementation of that act.

shall be open to the public. The council shall be a continuous

body, and it shall be lawful for any council to complete any

unfinished business or legislation begun by the preceding

council.

Section 36. Sections 1006, 1007, 1008, 1009, 1010 and 1011

of the act are repealed:

[Section 1006. Ordinances; Resolutions; Rules and

Regulations; Imposition of Fines.--The council of every city

shall pass ordinances, resolutions, rules and regulations in

accordance with the provisions of this act, and not inconsistent

therewith, as may be necessary to carry into effect the

requirements thereof, and may impose fines and penalties for the

violation of such ordinances, rules and regulations, recoverable

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in the manner hereinafter provided for the recovery of fines and

penalties for the violation of city ordinances and subject to

like limitations as to the amount thereof.

Section 1007. Voting; No Veto; Vote Necessary to Pass

Ordinance.--Each of the five members of council, shall vote on

all questions coming before the council, except as hereafter

provided. The mayor shall have no right of veto. Except as

otherwise provided in this act, an affirmative vote of three

members shall be necessary in order to pass any ordinance,

resolution, rule or regulation.

Section 1008. Journal of Proceedings; Recording and

Withholding of Vote.--The council shall keep a journal of its

proceedings, which shall be in the possession of the city clerk,

and which shall at all times be open to public inspection. Upon

every vote, the yeas and nays shall be called and recorded by

the city clerk. Every motion, resolution, or ordinance shall be

reduced to writing before the vote is taken thereon. No member

in attendance shall withhold his vote on any measure, bill or

question unless the council excuse him and enter the reason upon

the journal.

Section 1009. Disclosures of Interest by Councilman.--A

member who has a personal or private interest in any question,

measure or bill proposed or pending before the council shall

disclose the fact to council, and shall not vote thereon, nor

take any part in the discussion of the same. If such interested

person shall vote without disclosing his interest in such

question, measure or bill, he shall forfeit his office, and

council may avoid the enactment or transaction or not, as it

deems best.

Section 1010. Ordinances and Resolutions; Signing by Mayor

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and City Clerk.--Every legislative act of the council shall be

by resolution or ordinance, and every ordinance which shall have

passed said council shall be signed by the mayor and attested by

the city clerk.

Section 1011. Bills; Titles.--All proposed ordinances shall

be presented to council in written form as bills and shall be

numbered serially for the calendar year. They shall not be so

altered or amended on their passage through council as to change

their original purpose. No ordinances, except general

appropriation ordinances, shall be passed containing more than

one subject, which shall be expressed in its title.]

Section 36.1. Section 1012 of the act, amended July 30, 1975

(P.L.130, No.64), is repealed:

[Section 1012. Reading of Bills; Final Passage.--The title

of every bill shall be read when introduced and on final

passage, except as to amendments or other changes which shall be

read at length. A complete copy of every bill introduced shall

be available for public inspection at the clerk's office during

regular office hours. No bill shall be passed finally on the

same day on which it was introduced. At least three days shall

intervene between its introduction and its final passage. Upon

final passage, ordinances shall be numbered serially.]

Section 36.2. Section 1013 of the act is repealed:

[Section 1013. Payments not Authorized by Law.--No ordinance

shall be passed providing for the payment of any money by the

city without previous authority of law. Any officer drawing or

countersigning any warrant or passing any voucher for a payment

not authorized by law, or making such payment, shall be guilty

of a misdemeanor, and, upon conviction thereof, shall be

sentenced to pay a fine not exceeding five thousand dollars, and

20110SB0874PN0890	- 97 -

undergo imprisonment not exceeding one year.]

Section 36.3. Section 1014 of the act, amended December 1,

1977 (P.L.242, No.78), is repealed:

[Section 1014. Time of Taking Effect of Ordinances;

Publication; Recording; Proof and Evidence; Notice of Building,

Housing, Fire Prevention, Electrical, Plumbing and Zoning

Ordinances and Other Standard or Nationally Recognized Codes,

Maps and Plans.--All ordinances shall, unless otherwise provided

therein or by law, take effect in ten days after their passage,

upon their being signed by the mayor and attested by the city

clerk. Every proposed ordinance, except as otherwise herein

provided, prescribing a penalty for the violation thereof shall

be forthwith published not more than sixty days nor less than

seven days prior to passage in at least one and not more than

two newspapers printed or circulated within the city, in the

manner provided by section one hundred and nine of this act.

Publication of any proposed ordinance shall include either the

full text thereof or the title and a brief summary prepared by

the city solicitor setting forth all the provisions in

reasonable detail and a reference to a place within the city

where copies of the proposed ordinance may be examined. If the

full text is not included a copy thereof shall be supplied to

the same newspaper of general circulation in the city at the

time the public notice is published. If the full text is not

included an attested copy thereof shall be filed in the county

law library or other county office designated by the county

commissioners who may impose a fee no greater than that

necessary to cover the actual costs of storing said ordinances.

In the event substantial amendments are made in the proposed

ordinance or resolution, before voting upon enactment, council

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shall within ten days readvertise in one newspaper of general

circulation in the city, a brief summary setting forth all the

provisions in reasonable detail together with a summary of the

amendments. All ordinances shall, within one month after their

passage, be certified and recorded by the city clerk, in a book

provided by the city for that purpose, which shall be at all

times open to the inspection of citizens. Any and all city

ordinances, or portions thereof, the text of which, prior to the

effective date of this amending act, shall have been attached to

the city ordinance book, shall be considered in force just as if

such ordinances, or portions thereof, had been recorded directly

upon the pages of such ordinance book: Provided, That all other

requirements of this act applicable to the enactment, approval,

advertising and recording of such ordinance, or portions

thereof, were complied with within the time prescribed by this

act. All ordinances, resolutions, motions or other proceedings

of council may be proved by the certificate of the city clerk

under the corporate seal, and when printed or published in book

or pamphlet form by authority of the city, shall be read and

received as evidence in all courts and elsewhere without further

proof. At least one week and not more than three weeks prior to

the first reading of any proposed building code, ordinance,

housing code, ordinance, fire prevention code, ordinance,

electrical code, ordinance, plumbing code, ordinance, or zoning

ordinance, or any standard or nationally recognized code,

ordinance, or any changes or variations of any standard or

nationally recognized code, or parts thereof, by council, an

informative notice of intention to consider such ordinance and a

brief summary setting forth the principal provisions of the

proposed ordinance in such reasonable detail as will give

20110SB0874PN0890	- 99 -

adequate notice of its contents, and a reference to the place or

places within the city where copies of the proposed building

code, housing code, fire prevention code, electrical code,

plumbing code, or zoning ordinance or any standard or nationally

recognized code may be examined or obtained, shall be published

in the manner herein provided for the publication of ordinances.

Such building code, ordinance, housing code, ordinance, fire

prevention code, ordinance, electrical code, ordinance, plumbing

code, ordinance, or zoning ordinance or any standard or

nationally recognized code, ordinance, shall not be published

after adoption, but not less than three copies thereof shall be

made available for public inspection, and use during business

hours for at least three months after adoption, and printed

copies thereof shall be supplied upon demand, at cost. In any

case in which maps, plans or drawings of any kind are to be

adopted as part of an ordinance, council may, instead of

publishing the same as part of the ordinance, refer, in

publishing the ordinance or a summary thereof, to the place

where such maps, plans or drawings are on file and may be

examined.]

Section 36.4. Section 1014.1 of the act, added July 10, 1957

(P.L.631, No.340), is repealed:

[Section 1014.1. Codification of Ordinances.--(a) When a

city of the third class shall have caused to be prepared a

consolidation, codification or revision, containing minor

nonsubstantive changes of the general body of its ordinances,

the city council may adopt the consolidation, codification or

revision, containing minor nonsubstantive changes, as an

ordinance, in the same manner that is now prescribed by law for

the adoption of its ordinances except as hereinafter provided.

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(b) A consolidation, codification or revision, containing

minor nonsubstantive changes of city ordinances, to be enacted

as a single ordinance, shall be introduced in the city council

at least thirty days before its final enactment and, at least

fifteen days before its final enactment, notice of the

introduction thereof specifying its general nature and content

shall be given by advertisement in a newspaper of general

circulation in the city.

containing minor nonsubstantive changes, is enacted as an

ordinance, it shall not be necessary to advertise the entire

text thereof, but it shall be sufficient to publish or advertise

the table of contents thereof in the manner provided by law for

the advertising of ordinances, and to state in the advertisement

if it be the case that the consolidation, codification or

revision, containing minor nonsubstantive changes, contains a

penalty or penalties. The advertisement shall indicate a place

within the city where a copy thereof may be examined.

(d) The procedure set forth in this section for the

consolidation, codification or revision, containing minor

nonsubstantive changes of city ordinances as a single ordinance,

may also be followed in enacting a complete group or body of

ordinances repealing or amending existing ordinances as may be

necessary in the course of preparing a consolidation,

codification or revision containing minor nonsubstantive changes

of the city ordinances.

(e) The consolidation, codification or revision, containing

minor nonsubstantive changes, may contain matter which, when it

becomes effective as an ordinance, will operate to adopt by

reference any building, fire prevention or other standard or

20110SB0874PN0890	- 101 -

model code or zoning ordinance and zoning map.]

Section 37. Section 1015 of the act is amended to read:

Section 1015. Attendance of Witnesses and Production of

Books Before Council or Committee [Thereof] of Council.--(a)

The council of any city may compel the attendance of

witnesses[,] and the production of books, papers, and other

evidence[,] at any meeting of the body or any committee

[thereof] of the council. For that purpose, subpoenas may

[issue] be issued, signed by the mayor or the [chairman]

chairperson of the committee, in any pending case of inquiry[,]

or investigation, [or impeachment,] and the [same] subpoenas may

be served and executed in any part of this Commonwealth. Any

member of council and the city clerk shall have power to

administer oaths to [such] the witnesses. If any witness shall

refuse to testify as to any fact within his or her knowledge, or

to produce any books or papers within his or her possession or

under his or her control[,] required to be used as evidence in

any such case, the city clerk shall [forthwith] report the facts

relating to [such] the refusal to the court of common pleas. All

questions arising upon [such] the refusal, and also upon any new

evidence[,] not included in [said] the clerk's report (which new

evidence may be offered in behalf of or against such witness),

shall at once be heard by [said] the court. If the court

determines that the testimony or evidence required by [such] the

witness is legal and properly competent[,] and ought to be given

or produced by [him] the witness, then [said] the court shall

make an order commanding [such] the witness to testify or

produce books or papers, or both, as the case may be. If [such]

the witness shall thereafter, in disobedience of [such] the

order of the court, refuse to testify or to produce the books or

20110SB0874PN0890	- 102 -

papers[, as aforesaid], then the [said] court shall have power

to order the commitment of [such] the witness for contempt.

(b) Any person[,] so called as a witness[,] and examined

under oath[,] shall be liable to indictment, conviction[,] and

punishment for perjury[,] in the same manner and to the same

extent as if the witness had been called and examined before any

committee of the Legislature, or in any judicial proceeding

before any of the courts of record, in accordance with existing

laws. [No] A person outside of [such] the city, subpoenaed [as

aforesaid] under this section, shall be [required to respond to

the same until he has been furnished with] entitled to be

reimbursed for mileage to and from [said] the city[,] at the

[rate of ten cents per mile] maximum mileage rate periodically

established by the United States Internal Revenue Service, and a

per diem allowance [of three dollars] as established by council

for the person's time [his presence is desired] in [said] the

city.

Section 38. Section 1016 of the act, amended May 11, 1959

(P.L.307, No.54), is amended to read:

Section 1016. Salaries.--[Councilmen] (a) Council members

shall receive for their services during their term of service

annual salaries, to be fixed by ordinance, payable in [monthly

or semi-monthly instalments] regular installments. Councils may,

by the ordinance fixing [said] the salaries, provide for the

assessment and retention [therefrom] from the salaries of

reasonable fines for absence from regular or special meetings of

council or [councilmanic] committees of the council.

(b) As an alternative to the annual salary method for

establishing the compensation payable to members of the city

council, the council may provide that the members of council

20110SB0874PN0890	- 103 -

will receive compensation on a per-meeting-attended basis,

provided that the compensation shall only be payable for duly

advertised public meetings in which a council member

participated. If council has provided that members of council

will receive compensation on a per-meeting basis, council may

provide for the forfeiture of up to one-twelfth of the annual

compensation of any council member or impose another appropriate

penalty for each unexcused absence from regularly scheduled

legislative council sessions.

[not be less than two hundred and fifty dollars per year.] be in

accordance with this subsection:

(1) For the term of city [councilmen] council members in

newly created cities, and until [thereafter] changed by

ordinance, [the salary of] each [councilman shall be] council

member may receive a salary as follows:

[In cities of fifteen thousand inhabitants or under by the

last United States census, each councilman shall receive a

salary of nine hundred dollars per annum; where said population

is between fifteen thousand and thirty thousand, one thousand

eight hundred dollars per annum; in cities having a population

above thirty thousand, three thousand six hundred dollars per

annum.]

(i) not more than one thousand eight hundred seventy-five

dollars per year in cities having a population of less than five

thousand;

(ii) not more than two thousand five hundred dollars per

year in cities having a population of five thousand or more, but

less than ten thousand;

(iii) not more than three thousand two hundred fifty dollars

20110SB0874PN0890	- 104 -

per year in cities having a population of ten thousand or more,

but less than fifteen thousand;

(iv) not more than four thousand one hundred twenty-five

dollars per year in cities having a population of fifteen

thousand or more, but less than twenty-five thousand;

(v) not more than four thousand three hundred seventy-five

dollars per year in cities having a population of twenty-five

thousand or more, but less than thirty-five thousand; and

(vi) not more than five thousand dollars per year in cities

having a population of thirty-five thousand or more.

(2) The compensation to be received by [councilmen shall not

be increased or diminished after their election; but succeeding

councils may change all compensation, said change to take effect

as to councilmen taking office at least six months after the

passage of the ordinance providing for such change.] council

members and elected officials in cities other than newly created

cities shall be fixed by ordinance of council finally enacted at

least two days prior to the last day fixed by law for candidates

to withdraw their names from nominating petitions previous to

the day of the municipal election.

Section 39. The act is amended by adding a section to read:

Section 1016.1. Appointment of City Clerk.--(a) The council

of each city shall appoint a city clerk who shall be an at-will

employe with no property interest in his or her position and

whose compensation shall be fixed by ordinance.

(b) Council may by ordinance or resolution prescribe duties

of the city clerk in addition to those established by law. The

city clerk shall have the power of a notary public to administer

oaths in any matter pertaining to the business of the city or in

any legal proceeding in which it is interested.

20110SB0874PN0890	- 105 -

constructive custody of the city clerk and shall be subject to

inspection and copying if permitted by the laws of the

Commonwealth governing open or public records generally.

Section 40. Section 1017 of the act, repealed in part April

28, 1978 (P.L.202, No.53), is repealed:

[Section 1017. Enforcement of Ordinances; Recovery and

Payment Over of Fines and Penalties.--All actions, prosecutions,

complaints, and proceedings for the violation of the ordinances

of the city, and for fines, penalties, and forfeitures imposed

thereby, shall be instituted in the corporate name of the city,

and be conducted in the manner prescribed by law.

No warrant shall be issued except upon complaint, upon oath

or affirmation, specifying the ordinance for the violation of

which the same is issued. All process shall be directed to and

be served by any policeman or constable of the city, who shall

execute the same as may be provided by law.

Warrants shall be returnable forthwith. Every summons shall

be returnable in not less than five nor more than eight days

from the date thereof. Upon such return, like proceedings shall

be had in all cases as are directed by law for summary

convictions, or proceedings for the recovery of penalties,

before justices of the peace, with the same right of appeal from

any final judgment entered.]

Section 40.1. Section 1018 of the act is repealed:

[Section 1018. Cost of Maintenance of Prisoners in County

Jails.--When a prisoner shall be committed to any county jail or

prison in this Commonwealth, either for the nonpayment of a fine

or penalty imposed for the violation of any city ordinance, or

while awaiting a hearing upon any charge for the violation of

20110SB0874PN0890	- 106 -

any city ordinance, the cost of proceedings and the expenses of

maintaining such prisoner during his confinement by virtue of

any such commitment, shall be paid by the city, whose ordinances

were alleged to have been violated, or to which any such fines

or penalties are payable. The county in which such city is

located shall not be liable for any such maintenance, or to any

officer, magistrate, alderman, or person for any costs of such

proceedings.]

Section 41. Article X of the act is amended by adding a

subdivision to read:

(a.1) Ordinances

Section 1018.1. Ordinances and Resolutions.--(a) With

regard to ordinances, the following shall apply:

(1) The council of every city shall enact ordinances, in

accordance with the provisions of this act, as may be necessary

to carry out the requirements of this act and may impose fines

and penalties for the violation of the ordinances, recoverable

in the manner provided in this act for the recovery of fines and

penalties for the violation of city ordinances and subject to

limitations as to the amount of the fines and penalties.

(2) Every legislative act of the council shall be by

ordinance, and the legislative acts shall include, but not be

limited to, tax ordinances, general appropriation ordinances and

all ordinances that exercise the police power of the city,

regulate land use, development and subdivision, impose building,

plumbing, electrical, property maintenance, housing and similar

standards, and otherwise regulate the conduct of persons or

entities within the city and impose penalties for the violation

of the ordinances.

(3) A proposed ordinance may be introduced by any council

20110SB0874PN0890	- 107 -

member, and council may require that the introduction of a

proposed ordinance by a council member be by motion.

(b) With regard to resolutions, the following shall apply:

(1) The council of every city shall adopt resolutions in

accordance with the provisions of this act.

(2) The purposes for which resolutions may be adopted shall

include, but not be limited to, ceremonial or congratulatory

expressions of the good will of the council, statements of

public policy of the council, approval of formal agreements of

the city, except when the agreements arise under a previously

approved purchasing system of the city, approval of the

acquisition, disposition and leasing of real property and the

approval, when required, of administrative rules and regulations

arising under State statutes or city ordinances.

Section 1018.2. Voting; No Veto; Vote Necessary to Enact

Ordinances or Adopt Resolutions.--(a) Members of council

present or participating via a telecommunication device shall

vote on all questions coming before the council, except as may

be required by the provisions of any public official ethics law

which may from time to time be applicable to members of city

council and except as may be excused by a simple majority vote

of the members of council present at any meeting of the council

for such cause as they may determine to be appropriate and which

cause shall be entered upon the journal.

(b) The mayor shall have no right of veto.

may be enacted or resolution adopted by the council without an

affirmative vote of a majority of the whole number of the

members of council.

Section 1018.3. Journal of Proceedings; Recording and

20110SB0874PN0890	- 108 -

Withholding of Vote.--The council shall keep a journal of its

proceedings, which shall be in the possession of the city clerk

and which shall at all times be open to public inspection. Upon

every vote, the yeas and nays shall be called and recorded by

the city clerk. An ordinance shall and a resolution may be

reduced to writing before the vote is taken on the ordinance or

resolution. A member of council shall not withhold his or her

vote on any question coming before the council, unless permitted

to do so in accordance with section 1018.2(a).

Section 1018.4. Signing and Attesting Ordinances.--Every

legislative act of the council shall be by ordinance, and every

ordinance enacted by council shall be signed by the mayor and

attested by the city clerk.

Section 1018.5. Proposed Ordinances; Titles.--All proposed

ordinances shall be presented to council in written form as

bills and shall be numbered serially for the calendar year. No

ordinances, except general appropriation ordinances, may be

enacted containing more than one subject, which shall be

reasonably identified in its title. No ordinance shall be so

altered or amended upon enactment by council as to change the

original purpose. The title of an ordinance shall not be

considered in the construction or interpretation of the

ordinance by a court of competent jurisdiction.

Section 1018.6. Reading of Proposed Ordinances; Final

Enactment.--(a) The title of every proposed ordinance shall be

read at least twice, once when introduced and again before final

enactment by council except as to amendments or other changes to

the proposed ordinance, which shall be read at length.

(b) A complete copy of every ordinance introduced shall be

available for public inspection at the clerk's office during

20110SB0874PN0890	- 109 -

regular office hours.

same day on which it was introduced, and at least three days

shall intervene between its introduction and its final enactment

by council.

(d) Upon enactment, ordinances shall be numbered serially.

Section 1018.7. Payments not Authorized by Law.--No

ordinance may be enacted or resolution be adopted providing for

the payment of any money by the city without previous authority

of law. Any officer executing a document authorizing payment or

passing a voucher for a payment not authorized by law, or making

the payment, shall upon conviction be guilty of a misdemeanor

and subject to punishment in accordance with the applicable

provisions of 18 Pa.C.S. (relating to crimes and offenses).

Section 1018.8. Time of Taking Effect of Ordinances.--All

ordinances, except those pertaining to the subjects set forth in

section 1050(b), and unless otherwise provided by law, shall

take effect on the tenth day after enactment, upon being signed

by the mayor and attested by the city clerk.

Section 1018.9. Publication of Proposed Ordinances.--(a)

Every proposed ordinance, except as otherwise provided in this

act, shall be published in a newspaper not more than sixty days

nor less than seven days prior to enactment.

(b) Except as otherwise provided in law, the publication of

a proposed ordinance shall include either the full text or the

title of the ordinance and a reference to a place within the

city where copies of the proposed ordinance may be examined. If

the full text is not published, the newspaper in which the

proposed ordinance is published shall, upon request, be

furnished a copy of the ordinance.

20110SB0874PN0890	- 110 -

proposed ordinance, council shall within ten days from the date

of final enactment readvertise in a newspaper a brief summary

setting forth all the provisions in reasonable detail together

with a summary of the amendments.

Section 1018.10. Filing of Proposed Ordinances.--(a) If the

full text is not published, an attested copy of the proposed

ordinance shall be filed in the county law library or other

county office designated by the county commissioners who may

impose a fee no greater than that necessary to cover the actual

costs of storing the proposed ordinances.

(b) The date of filing the proposed ordinance with the

county shall not affect the effective date of the ordinance or

the validity of the process of enactment of the ordinance, nor

shall a failure to file within the time provided be deemed a

defect in the process of the enactment or adoption of the

ordinance.

Section 1018.11. Records of Ordinances Maintained by the

City Clerk.--(a) All ordinances shall, within one month after

their enactment, be certified and recorded by the city clerk in

a book provided by the city for that purpose which shall be at

all times open to the inspection of citizens. A standard or

nationally recognized code or any portion of the standard or

nationally recognized code enacted by reference need not be

recorded in or attached to the ordinance book, but shall be

deemed to have been legally recorded if the ordinance by which

the code was enacted by reference shall have been recorded, with

an accompanying notation stating where the full text of the code

shall have been filed.

(b) At the close of each year, with the advice and

20110SB0874PN0890	- 111 -

assistance of the city solicitor, the city clerk shall bind,

compile or codify all the ordinances of the city, or true copies

of the ordinances, which then remain in force and effect.

books, compilation or codification of ordinances.

(d) The retention of ordinances shall be in accordance with

53 Pa.C.S. Pt. III Ch. 13 Subch. F (relating to records).

(e) A city ordinance, or portions of a city ordinance, the

text of which prior to the effective date of this act shall have

been attached to the city ordinance book, shall be considered in

force as if the ordinance, or portions of the ordinance, had

been recorded directly upon the pages of the ordinance book.

Section 1018.12. Proof and Evidence.--All ordinances,

resolutions, motions or other proceedings of council may be

proved by the certificate of the city clerk under the corporate

seal and, when printed or published in book or pamphlet form by

authority of the city, shall be read and received as evidence in

all courts and elsewhere without further proof.

Section 1018.13. Standard or Nationally Recognized Codes.--

(a) In the same manner as other ordinances, and except as

otherwise provided in this act or the Pennsylvania Construction

Code Act, council may enact, by reference to a standard or

nationally recognized code, all or any portion of the standard

or nationally recognized code as an ordinance of the city. Three

copies of the proposed standard or nationally recognized code,

portion of the code or amendment to the code shall be filed in

the office of the city clerk at least ten days before the city

council considers the proposed ordinance and upon enactment

shall be kept with the ordinance book and available for public

use, inspection and examination.

20110SB0874PN0890	- 112 -

(b) (1) Except as otherwise provided by the Pennsylvania

Construction Code Act, and regulations adopted pursuant to the

act, an ordinance adopting by reference any standard or

nationally recognized code shall be enacted within sixty days

after its introduction and shall encompass subsequent changes in

the code unless otherwise specified in the ordinance.

(2) An ordinance which incorporates standard or nationally

recognized code amendments by reference shall become effective

after the same procedure and in the same manner as is specified

in this section for original adoption of the code.

technical regulations or code shall be subject to the provisions

of the Pennsylvania Construction Code Act, if applicable.

Section 1018.14. Maps, Plans or Drawings.--Except as may be

otherwise provided under the Pennsylvania Municipalities

Planning Code, if maps, plans or drawings of any kind are to be

adopted as part of an ordinance, the council may, instead of

publishing the maps, plans or drawings as part of the ordinance,

make reference in publishing the ordinance or a summary of the

ordinance to the place where the maps, plans or drawings are on

file and may be examined. Once enacted as part of an ordinance,

a map, plan or drawing shall be amended by ordinance.

Section 1018.15. Codification of Ordinances.--(a) City

council may prepare a consolidation or codification of the

general body of city ordinances or the ordinances on a

particular subject. City council may adopt the consolidation or

codification as an ordinance of the city in the same manner

prescribed for the adoption of its ordinances, except as

follows:

(1) A consolidation or codification to be enacted as a

20110SB0874PN0890	- 113 -

single ordinance shall be introduced in the city council at

least thirty days before its final enactment; and at least

fifteen days before final enactment, notice of introduction of

the consolidation or codification specifying its general nature

and content shall be given by advertisement in a newspaper.

(2) The required advertised notice of the proposed adoption

of the consolidation or codification shall include a listing of

its table of contents, and the advertisement shall indicate a

place within the city where a copy of the proposed consolidation

or codification may be examined.

(b) The procedure for the consolidation or codification of

city ordinances as a single ordinance may also be followed in

enacting a complete group or body of ordinances repealing or

amending existing ordinances as may be necessary in the course

of preparing a consolidation or codification of the city

ordinances, except that the advertisement giving notice of the

proposed adoption shall list, in lieu of a table of contents,

the titles only of each of the ordinances in the complete group

or body of ordinances.

which, when it becomes effective as an ordinance, will operate

to adopt by reference any building, fire prevention or other

standard or model code or zoning ordinance and zoning map in

accordance with section 1018.13 and, if applicable, section

1018.14.

Section 1018.16. Enforcement of Ordinances; Recovery and

Payment of Fines and Penalties.--(a) Actions, prosecutions,

complaints and proceedings for the violation of the ordinances

of the city and for fines, penalties and forfeitures imposed

shall be instituted in the corporate name of the city and be

20110SB0874PN0890	- 114 -

conducted in the manner prescribed by law.

(b) Unless otherwise provided by law, proceedings for the

violation of the ordinances of the city shall be conducted as

summary conviction proceedings, or proceedings for the recovery

of penalties, before magisterial district judges, with the same

right of appeal from any final judgment entered.

Section 1018.17. Penalty.--A person who violates any

ordinance enacted under the authority of this act for which no

penalty is otherwise specified commits a summary offense and,

upon conviction, shall be sentenced to pay a fine not exceeding

one thousand dollars or undergo imprisonment not exceeding

ninety days, or both, at the discretion of the court.

Section 42. Article X subdivision (b) heading of the act is

amended to read:

(b) [Initiative] Initiating Ordinances

by Electors

Section 43. Sections 1030, 1031, 1032, 1033, 1034, 1035,

1036, 1037, 1038, 1039, 1040 and 1041 of the act are amended to

read:

Section 1030. Initiation of Proposed Ordinances by Petition;

Exceptions.--[Any] (a) Except as provided in subsection (b), a

proposed ordinance may be submitted to the council by a petition

signed by the electors of any city[, as hereinafter provided,

except:

(a) Proposed ordinances relating to any matter, subject or

thing, which is not the subject of a referendum vote as provided

in subdivision (c) of this article; or

(b) Proposed ordinances to repeal, amend, or modify any

ordinance which has been subject to the provisions of the

referendum as provided in subdivision (c) of this article.] in

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accordance with this subdivision.

(b) The following proposed ordinances may not be submitted

to council by petition in accordance with this subdivision:

(1) Proposed ordinances dealing with the subjects set forth

in section 1050(b).

(2) Proposed ordinances to repeal, amend or modify an

ordinance which took effect after having been subject to the

provisions of the referendum for reconsideration of the

ordinance.

Section 1031. Petition; Notice.--[The city clerk, upon the

written request of one hundred qualified electors of the city,

directed to him, asking for the preparation of a petition for

the submission of any proposed ordinance to the council of such

city, and accompanied by a copy of the proposed ordinance, shall

prepare such petition within ten days, and in the meantime

notice shall be published, at least one time, in one newspaper,

in the manner provided by section one hundred and nine of this

act, that such petition will be ready for signing at the

expiration of ten days from the presentation of said request.

This notice shall state the purpose for which the petition is

made, the place where and when it may be signed. Fifteen days

shall be allowed for signatures.] If the city clerk receives a

written request for the preparation of a petition for the

submission of a proposed ordinance to the city council by at

least one hundred qualified electors of the city and the request

is accompanied by a copy of the proposed ordinance, the city

clerk shall, within ten days after receiving the request, do

each of the following:

(1) Prepare the requested petition.

(2) Publish notice at least one time in a newspaper that

20110SB0874PN0890	- 116 -

provides, at a minimum, the following information:

(i) The date on which the request for the petition was

received and that the petition will be ready for signing at the

expiration of ten days from that date.

(ii) The purpose for which the petition is made.

(iii) The place at which and the dates and times during

which the petition may be signed, with fifteen days, exclusive

of Saturdays, Sundays and holidays, being allowed for

signatures.

Section 1032. Signing; Oath.--[The signing] A petition for

the submission of a proposed ordinance shall be [done] signed in

the city clerk's office only. The petition shall be retained

[there] in the city clerk's office at all times [during the] for

a period of fifteen days. Each signer shall add to his or her

signature his or her place of residence by street and number[,]

and shall make oath before the city clerk that he or she is a

qualified elector of the city and resides at the address given.

The city clerk shall keep his or her office open for the purpose

of permitting voters to sign [such] the petition [from eight

o'clock ante meridian to ten o'clock post meridian of each day

except Sundays and holidays] at least from nine o'clock ante

meridian through seven o'clock post meridian, prevailing time,

Monday through Friday, except holidays. [He] The city clerk

shall not permit any person to sign [such] petitions after [ten

o'clock post meridian] seven o'clock post meridian, prevailing

time, on the last day for signing the same.

Section 1033. Number of Signatures; Examination and

Certificate by City Clerk.--[At the expiration of the fifteen

days aforesaid, and within ten days thereafter,] Within ten days

after the period of time for signing the petition has elapsed,

20110SB0874PN0890	- 117 -

the city clerk shall examine [such] the petition[,] and, from

the record of registered voters of the city, ascertain whether

or not [said] the petition is signed by voters equal to twenty

per centum of all votes cast for all candidates for mayor at the

last preceding municipal election at which a mayor was elected.

If necessary, the council [shall] may allow the city clerk extra

help for [that] the purpose of complying with this section. The

city clerk shall attach to [said] the petition his or her

certificate showing the result of [said] the examination. If

less than the required twenty per centum is certified, the

petition shall fail and shall be filed in the office of the city

clerk.

Section 1034. Submission to Council.--If the petition [shall

be] is certified to contain signatures equalling the required

twenty per centum of said votes cast as aforesaid, the clerk

shall submit the same to the council without delay.

Section 1035. Actions by Council; Notices.--If the petition

accompanying the proposed ordinance [be] is signed by electors

equal in number to twenty per centum of the votes cast for all

candidates for mayor at the last preceding municipal election at

which a mayor was elected, the council shall either:

(a) [Pass said] enact the proposed ordinance without

alteration[,] within twenty days (except as otherwise provided

herein)[,] after attachment of the clerk's certificate to the

accompanying petition; or

(b) [Forthwith, after the clerk shall attach to the petition

accompanying such ordinance his certificate of sufficiency, the

council shall call a special election] call for a referendum to

be held at the time of the next general, municipal or primary

election occurring at least ninety days thereafter[;], and at

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[such] which election[, such] the proposed ordinance shall be

submitted without alteration to the vote of the electors of the

[said] city, after attachment of the clerk's certificate to the

accompanying petition. Notice of [such] the election [shall be

given as provided by the Pennsylvania Election Code.] and the

text of the question to be submitted to the electors shall be

published in the same manner as publication is required in

section 1201 of the Pennsylvania Election Code.

Section 1036. Form of Ballot [or Ballot Label] on Submission

to Vote.--[The ballots or ballot labels used when voting upon

said ordinance shall be supplied by the county board of

elections, and shall contain a question, stating the nature of

the proposed ordinance, followed by the words "yes" and "no" and

shall be as provided in the Pennsylvania Election Code. The

votes shall be counted and returns thereof made and computed as

provided in section ten hundred and sixty-two of this act.] The

question to be submitted to the electors on the proposed

ordinance shall be framed to state the nature of the proposed

ordinance, followed by the words "yes" and "no," and the

question shall be placed on the ballots which shall be counted,

returned and computed in accordance with section 1062 and the

election laws of the Commonwealth.

Section 1037. Effect of Majority Vote.--If the majority of

the qualified electors voting on the proposed ordinance shall

vote in favor [thereof, such] of the ordinance, the ordinance

shall [thereupon] become a valid and binding ordinance of [said]

the city.

Section 1038. No Repeal Within Two Years.--[Any] An

ordinance so proposed by petition, whether [passed] enacted by

council or adopted by a vote of the electors, [cannot] shall not

20110SB0874PN0890	- 119 -

be repealed or amended within two years of its effective date

except by a vote of the electors.

Section 1039. Number of Proposed Ordinances to be Submitted;

[Special] Elections Limited.--Any number of proposed ordinances

may be voted upon at the same election, in accordance with the

provisions of this subdivision[: Provided, That]. Proposed

ordinances on the same subject matter shall not be submitted by

petition [oftener] more frequently than once [in] every three

years.

Section 1040. Submission for Repeal by Council.--The council

may submit a proposition for the repeal or amendment of [any

such] an ordinance to be voted upon at any succeeding municipal,

general or primary election[,] occurring at least ninety days

[thereafter] after council's submission of the proposition.

Should [such] the submitted proposition[, so submitted,] receive

a majority of the votes cast [thereon] on the proposition at

[such] the election, [such] the ordinance shall [thereby] be

repealed or amended accordingly.

Section 1041. Publication of Proposed Ordinance; Repeal or

Amendment.--Whenever any proposed ordinance is to be submitted

to the voters of the city at any election, or any ordinance is

submitted by council for repeal or amendment, notice [thereof]

of the election and text of the question to be submitted to the

electors shall be published [as required by] in the same manner

as publication is required in section 1201 of the Pennsylvania

Election Code.

Section 44. Article X subdivision (c) heading of the act is

amended to read:

Section 45. Sections 1050, 1051, 1052, 1053, 1054, 1055 and

20110SB0874PN0890	- 120 -

1056 of the act are amended to read:

Section 1050. [Referendum; Exceptions.--No] Time Ordinances

Go Into Effect.--(a) Except as provided in subsection (b), no

ordinance [passed] enacted by council shall go into effect

before ten (10) days from the time of its final [passage,

except] enactment by council.

(b) Ordinances dealing with the following subjects may be

made effective upon final enactment:

[(a)] (1) Ordinances expressly required to be [passed]

enacted by the general laws of the State or by the provisions of

any act of Assembly, or the provisions of which and the matters

to be carried out [thereunder] under the ordinance are subject

to the approval of an officer or tribunal of the [State

Government;] Commonwealth.

[(b)] (2) Ordinances providing for tax levies or fees,

annual and other appropriations[,] and for the exercise of the

right of eminent domain[;].

[(c)] (3) Ordinances for the preservation of the public

peace, health, morals, safety[,] and in the exercise of the

police powers of the city government, and for the prevention and

abatement of nuisances[;].

[(d)] (4) Any ordinance providing for an election to

increase indebtedness, and any other ordinance which by law must

be submitted to an election before it shall take effect[;].

[(e)] (5) Ordinances for the opening, paving, grading[,] or

other improvement of streets or highways, when the improvement

is petitioned for by a majority in number or interest of the

abutting property owners[;].

[(f)] (6) Ordinances for the construction of sewers[,] and

for the purpose of keeping the streets, highways[,] and

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sidewalks in good order and repair and in a safe and passable

condition[;].

Section 1051. Petition; Reconsideration of Ordinance.--[If,

during such period of ten days from the time of its final

passage, a petition signed by electors of the city equal in

number to at least twenty per centum of the entire vote cast for

all candidates for mayor at the last preceding municipal

election at which a mayor was elected, protesting against the

passage of any ordinance other than those excepted from the

provisions of this subdivision by the foregoing section, is

presented to the council, said ordinance shall be suspended from

going into operation, and council shall reconsider such

ordinance.] With the exception of ordinances dealing with the

subjects set forth in section 1050(b), an ordinance shall be

suspended from going into operation and shall be reconsidered by

council if, within ten days after its final enactment, there is

presented to council, in accordance with this subdivision, a

petition protesting against enactment of the ordinance which

shall be signed by electors of the city equal in number to at

least twenty per centum of the entire vote cast for all

candidates for mayor at the last preceding municipal election at

which a mayor was elected.

Section 1052. Preparation of Petition by City Clerk;

Notice.--[Such] A petition under section 1051 shall be prepared

by the city clerk immediately upon receipt by [him] the clerk of

the written request of one hundred qualified electors of the

city asking that the [same] petition be prepared. Upon its

preparation, [he] the clerk shall give notice by [one insertion

in one of the daily newspapers, if one be published in the city,

and, if not, then in a weekly or daily newspaper published in

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the county, that such] publication in a newspaper that the

petition is ready for signing and the purpose of the petition,

giving the place where and time when it may be signed. The

[said] signing shall be done only in the city clerk's office,

where the petition shall be retained during the period of ten

days after the [passage] enactment of the [said] ordinance.

Section 1053. Additional Petitions.--In order to facilitate

the signing of [such] the petition, the city clerk shall cause

to be made at least two additional similar petitions for signing

by the qualified electors, and the signing of [such] the

additional similar petitions shall have the same force and

effect as the signing of the original petition. The city clerk

is hereby authorized to employ at least two persons to take

charge of [said] the additional petitions[; the]. The city clerk

and [said] the persons hired are hereby empowered to administer

the oath [hereinafter] required to be taken by the electors.

This section also shall apply [as well] to petitions initiating

ordinances under subdivision (b).

Section 1054. Signatures; Oath; Time of Signing.--Each

signer of a petition under section 1051 shall add to his or her

signature his or her place of residence by street and number[,]

and shall make an oath before the city clerk, or other person

authorized [as aforesaid] under section 1053, that [he] the

signer is a qualified elector of the city and resides at the

address given. The city clerk shall keep his or her office open

for the purpose of receiving signatures to the petitions [from

eight o'clock ante meridian to ten o'clock post meridian of each

day except Sundays and holidays. He] at least from nine o'clock

ante meridian through seven o'clock post meridian, prevailing

time, Monday through Friday. The city clerk shall not permit

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[any] a person to sign [any of the said petitions] a petition

after [ten] seven o'clock post meridian, prevailing time, of the

tenth day following the [passage] enactment of the ordinance on

which the referendum vote is [prayed for] requested.

Section 1055. Presentation of Petition to Council.--At the

expiration of [said] ten days, the [said] petition shall be

[deemed and taken to be] filed with and presented to the

council, and [it shall be the duty of] the city clerk [to lay

the same before] shall present the petition to the council at

its first meeting [thereafter] after expiration of the ten-day

period.

Section 1056. Ascertainment of Number of Signers; Report.--

After [its] presentation of the petition to council, the city

clerk shall ascertain from the record of registered voters of

the city whether or not [said] the referendum petition is signed

by voters equal to twenty per centum of all the votes cast for

mayor at the last preceding municipal election at which a mayor

was elected. If necessary, the council [shall allow him] may

allow the clerk extra help for that purpose, and, after [he] the

clerk has made [said] the examination, [he] the clerk shall

report the result [thereof] to council.

Section 46. Sections 1057 and 1058 of the act are repealed:

[Section 1057. Ordinances Granting Franchises.--No franchise

or consent to occupy the public streets, highways, or other

places in any city of the third class shall be given or granted

to any person or persons, railroad, railway, gas, water, light,

telephone or telegraph company, or to any public utility

corporation, except by ordinance, and no ordinance for such

purpose shall go into effect before thirty days after it has

been filed with the Public Utility Commission.

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Section 1058. Petition against Ordinances; Suspension.--If,

within said thirty days, a petition prepared, advertised, and

perfected in all respects complying with the provisions of this

subdivision (except that the petitioners shall have thirty days

in which to prepare said petition), is addressed to the council,

signed by registered electors of the city equal in number to at

least twenty per centum of all the votes cast for mayor at the

last preceding municipal election at which a mayor was elected,

protesting against the passage of said ordinance, the latter

shall be suspended, and it shall be the duty of the city clerk

to examine said petition and ascertain, from the registry of

voters, whether or not said petition is signed by the required

number of electors. If necessary, the council shall allow the

city clerk extra help for said purpose. Upon such examination he

shall report the result to council.]

Section 47. Sections 1059, 1060, 1061, 1062, 1063 and 1064

of the act are amended to read:

Section 1059. Effect of Petition; Submission to Voters.--

If[,] in any case[,] it shall appear that the [petitions]

petition provided for in this subdivision [have] has not been

signed by the requisite number of voters, no action shall be

taken, but the [ordinances] ordinance shall be [deemed and]

taken to be in full force from the time or times [they each] it

would have gone into effect had there been no petition against

the [same. But in case such petitions are] ordinance. If the

petition is signed by electors equal to twenty per centum of all

the votes cast for mayor as aforesaid, the council shall

reconsider [such] the ordinance, and if the [same] ordinance is

not entirely repealed by council on reconsideration, the council

shall call a [special election,] referendum to be held at the

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time of the next general [or], municipal or primary election

occurring not less than sixty days [therefrom] after the

reconsideration. At [such] the election, the [said] ordinance

shall be submitted without alteration in accordance with the

Pennsylvania Election Code.

Section 1060. Certification [of] to County Board of

Elections; Ballots or Ballot Labels; Expense of Elections.--The

city clerk, after consultation with the city solicitor, shall

certify to the county board of elections a copy of the ordinance

and the proceedings of council directing the referendum vote,

and the county board of elections shall cause the question to be

printed for use in the election districts of the city. The

preparation of ballots or ballot labels for and the holding of

[special elections] a referendum shall be as provided in the

Pennsylvania Election Code. Any number of ordinances may be

referred and voted on at the same election.

Section 1061. Form of Ballot or Ballot Label.--The ballot

used when voting upon [such] the ordinance shall contain a

question stating the nature of the referred ordinance followed

by the words "yes" and "no" and shall be as provided in the

Pennsylvania Election Code.

Section 1062. Computing and Filing Returns.--The officers

holding [said elections] an election shall keep tally sheets and

make returns of votes on the referendum question in the same

manner as tally sheets are kept and returns made in elections of

officers and the submission of other questions as provided by

the Pennsylvania Election Code. The returns shall be filed with

the county board of elections which shall compute the returns

and certify the results [thereof] to the city council. The

returns and certifications of [all special elections] a

20110SB0874PN0890	- 126 -

referendum question shall be made as provided in the

Pennsylvania Election Code.

Section 1063. Effect of the Vote.--If it shall appear that

more persons have voted for [said] the ordinance than against

it, the ordinance shall take immediate and full effect [without

more] from the date the results are certified to the city

council. If the vote is against [said] the ordinance, [it] the

ordinance shall be [lost] nullified and of no effect.

Section 1064. Publication of Ordinance Before Election.--

Before any referendum [election] is held on any ordinance[, a

copy] in accordance with this subdivision, the city shall

provide notice of the ordinance which is to be submitted to the

vote of the people [shall be published as required] by

publishing a copy of the ordinance in a newspaper. Publication

in accordance with this section shall be in addition to

publication requirements of the Pennsylvania Election Code.

Section 48. Article XI heading of the act is reenacted to

read:

ARTICLE XI

THE EXECUTIVE DEPARTMENT

Section 49. Sections 1101, 1102, 1103 and 1104 of the act

are amended to read:

Section 1101. Executive Departments.--[The executive and

administrative powers, authority, and duties in each city shall

be distributed into and among five departments, as follows:

1. Department of Public Affairs.

2. Department of Accounts and Finance.

3. Department of Public Safety.

4. Department of Streets and Public Improvements.

5. Department of Parks and Public Property.] The city may

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have a department of administration and other departments as

council shall establish by ordinance. All of the administrative

functions, powers and duties of the city shall be allocated and

assigned within the departments established by council by

ordinance or, in the absence of an ordinance making this

allocation, among five departments, as follows:

(1) Department of Public Affairs.

(2) Department of Accounts and Finance.

(3) Department of Public Safety.

(4) Department of Streets and Public Improvements.

(5) Department of Parks and Public Property.

Section 1102. Determination of Powers and Duties of

Departments.--[The council shall determine] Subject to the

restrictions and limitations of this act and other laws, the

council may, by ordinance, do all of the following:

(1) Determine the powers and duties to be performed by[, and

assign them to, the appropriate] each department[; shall

prescribe].

(2) Prescribe the powers and duties of officers and

employes[; may assign].

(3) Assign particular officers and employes, including

directors of departments, to one or more of the departments[;

may require].

(4) Require an officer or employe to perform duties in two

or more departments[; and may make].

(5) Make such other rules and regulations as may be deemed

necessary or proper for the efficient and economical conduct of

the business of the city.

Section 1103. Designation of [Departments] Department

Directors; Changes.--Unless otherwise provided by ordinance in

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accordance with sections 1101 and 1102, the following shall

apply:

(1) The mayor shall be director of the department of public

affairs and as such shall have supervision over the city police.

In the event that council either does not create a department of

public affairs or appoints a person other than the mayor as the

director of the department of public affairs, the mayor shall

retain the same powers of supervision over city police as he or

she would possess had the mayor been appointed director of the

department of public affairs.

(2) The council shall, at [the biennial] its organization

meeting, designate[, by majority vote, one councilman] by

resolution one council member to be director of the department

of accounts and finance, one to be director of the department of

public safety, one to be director of the department of streets

and public improvements, and one to be director of the

department of parks and public property. [Such] The designation

may be changed at council's discretion.

Section 1104. Department Directors Responsible for City

Property and Supplies; Perpetual Inventory Reports.--The

director of each department shall be responsible for the

personal property and supplies of the city within [his] the

director's department[, and]. Each department director shall

prepare and maintain a perpetual inventory of [such] the

personal property and supplies[. He shall] for which the

director is responsible and, from time to time during the fiscal

year, file the inventory with the city clerk [a copy of such

inventory from time to time during the fiscal year, and shall

make available to the director of accounts and finance a copy of

such inventory to assist him in the preparation of the proposed

20110SB0874PN0890	- 129 -

budget ordinance. He shall furnish a copy of such inventory to

the council upon request.] or other official designated by

council. The city clerk or other designated official with whom

the inventory is filed shall, upon request, furnish a copy of

the inventory to the chief fiscal officer and to council.

Section 50. The act is amended by adding a section to read:

Section 1105. Quarterly Reports from Directors of

Departments.--At the close of each quarter of the fiscal year,

each department director shall prepare and submit to the

director of the department of accounts and finance, if one

exists, or to the business administrator or other official

designated by council, a comprehensive and detailed report of

all expenditures and operations of the director's department

during the quarter. The person to whom the quarterly reports are

submitted shall review and consolidate the quarterly reports and

shall prepare and submit to council a consolidated report on the

expenditures and operations of the entire city government,

together with his or her recommendations, not later than the

second meeting of council after the close of each quarter.

Section 51. Article XII heading of the act is reenacted to

read:

ARTICLE XII

THE MAYOR

Section 52. Section 1201 of the act, amended July 27, 1973

(P.L.230, No.60), is amended to read:

Section 1201. Qualifications.--The mayor shall be at least

[twenty-one] eighteen years of age[,] and shall be elected at

large by the qualified electors of the city. He or she shall

have been a resident of the city wherein he or she shall be

elected for at least one year[, next before his election,]

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before his or her election and shall reside in the city

throughout his or her term of service. Prior to being sworn in

to office, and as a condition to qualifying for office, the

elected mayor shall present a signed affidavit to the city clerk

that states the person resides in the city from which elected

and has resided in the city continuously for at least one year

preceding the person's election.

Section 53. Section 1202 of the act is amended to read:

Section 1202. Chief Executive; Inauguration.--The mayor

shall be the chief executive of the city. [He shall be

inaugurated and take the oath of office provided for by this act

at ten o'clock in the forenoon of the first Monday of January

next succeeding his election, or as soon thereafter as possible]

The mayor shall be inaugurated and take the oath of office in

accordance with sections 904 and 905 on the first Monday of

January following the regular municipal election. If the first

Monday is a legal holiday, the mayor shall be inaugurated and

take the oath the first day following or as soon after that day

as possible.

Section 54. Section 1203 of the act, amended July 11, 1996

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

Section 1203. Execution of Laws; Powers of Sheriff

Conferred; Emergency Powers.--[(a) It shall be the duty of the

mayor and the chief executive of cities adopting the city

manager form of government to be vigilant and active in causing

the ordinances of the city, and the laws of the Commonwealth

relating to the government of the city, to be executed and

enforced.

(b)] (a) In accordance with the powers granted in this act,

the mayor shall have the authority to cause the ordinances of

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the city, and all general laws applicable to the ordinances, to

be executed and enforced.

(b) The mayor shall annually report to the council and the

public on the work of the previous year and on the condition and

requirements of the city government and shall, from time to

time, make such recommendations for action by the council as he

or she may deem in the public interest.

preserve the public peace within the city, all the powers which

are devolved by the laws of this Commonwealth upon sheriffs, to

prevent and suppress mobs, riots, and unlawful and tumultuous

assemblies, are hereby conferred upon [him] the mayor.

(d) When the mayor [or chief executive] considers that a

state of emergency exists, [he] the mayor may issue [his] a

proclamation, which shall be in writing and copies of which

shall be made available to all news media[,] and to each member

of city council, declaring a state of emergency [for a period

not to].

(e) Upon the issuance of a proclamation declaring a state of

emergency under subsection (d), the following shall apply:

(1) The state of emergency shall not exceed five days,

unless extended by action of council.

(2) In the case of a declaration of a state of emergency by

the mayor [or chief executive] for either a citywide or site-

specific emergency, city agencies may temporarily implement

their emergency assignments without regard to procedures

required by other laws pertaining to the incurring of

obligations and the employment of temporary workers. [In his]

(3) The proclamation [he] may prohibit, for all or any part

of the city in which there is a clear and present danger to life

20110SB0874PN0890	- 132 -

or property through civil disorder[;]:

[(1) Any] (i) a person being on the public streets[,] or in

the public parks or at any other public place during the hours

declared by [him] the mayor to be a period of curfew;

[(2) The] (ii) the assembling or gathering of a group of

people, in such numbers to be designated by [him] the mayor,

upon the public streets, parks or other public places;

[(3) The] (iii) the entry or departure of persons into or

from any restricted area;

[(4) The] (iv) the sale, purchase, or dispensing of any

commodities or goods[, as] designated by [him] the mayor;

[(5) The] (v) the transportation, possession or use of

gasoline, kerosene, or other combustible, flammable or explosive

liquids or materials, except in connection with the normal

operation of motor vehicles, normal home use[,] or legitimate

commercial use; or

[(6) Any] (vi) any other [such] activities as [he] the

mayor reasonably believes [should be prohibited to help

preserve] would cause a clear and present danger to the

preservation of life, health, property or the public peace.

[(c)] (f) The proclamation of an emergency shall describe

any restricted area with particularity and shall specify the

hours during which such restrictions are to be in effect.

[(d)] (g) Any person violating [such] a proclamation of

emergency shall be guilty of a summary offense and shall, upon

conviction, be sentenced [to pay a fine not to exceed three

hundred dollars ($300) or to undergo imprisonment not to exceed

thirty days, or both] as provided by law.

Section 55. Sections 1204 and 1205 of the act are amended to

read:

20110SB0874PN0890	- 133 -

Section 1204. Official Seal of Mayor.--Council shall provide

an official seal for the mayor [and prescribe the form thereof]

in such form as the mayor may reasonably request, which shall

not be changed during the mayor's term of office.

Section 1205. Supervision of Conduct of City Officers.--The

mayor shall supervise the conduct of all city officers, examine

the grounds of all reasonable complaints against any of them,

and cause all of their violations or neglect of duty to be

promptly punished or reported [to the council] for correction in

the manner council may direct. For the purposes [aforesaid, he]

of this section, the mayor is hereby empowered to issue

subpoenas and compulsory processes, under his or her official

seal, for the attendance of such persons and the production of

such books and papers as [he] the mayor may deem necessary[, and

shall have like enforcement of such subpoenas as is]. A subpoena

shall be enforced in the manner provided for council in section

[one thousand fifteen of this act] 1015.

Section 56. Section 1206 of the act, amended September 29,

1955 (P.L.653, No.177), is amended to read:

Section 1206. [Quarterly Reports from Directors of

Department;] Report of Mayor to Council; Information from

Directors of Departments.--[The director of each department of

the city shall prepare and submit to the Director of the

Department of Accounts and Finance, at the close of each quarter

of the fiscal year, a comprehensive and detailed report of all

expenditures and operation of his department during the quarter.

The Director of the Department of Accounts and Finance shall

review and consolidate such quarterly reports and shall prepare

and submit to council a consolidated report on the expenditures

and operations of the entire city government, together with his

20110SB0874PN0890	- 134 -

recommendations, not later than the second meeting of council

after the close of each quarter.] The mayor shall have the

authority, at all times, to call upon any official of the city

or heads of departments for any information as to the affairs

under their control and management as [he] the mayor may

require. [He] The mayor may likewise report upon any and all

matters of city government as frequently to council as [he] the

mayor deems conducive to the interest and welfare of the city.

Section 57. Section 1207 of the act, amended August 21, 1953

(P.L.1292, No.364) and repealed in part April 28, 1978 (P.L.202,

No.53), is amended to read:

Section 1207. [Criminal and Civil Jurisdiction; Docket;

Fees.--He] Power to Take Acknowledgments and Oaths and to

Formalize Marriages.--The mayor shall be empowered to take

acknowledgments of any instruments in writing[,] pertaining to

the business of the city, solemnize marriages[,] and to

administer oaths and affirmations[,] as to city business[,] and

shall attest all his [acts with his official seal] or her acts

with the mayor's official seal, if any.

Section 58. Section 1208 of the act, amended May 11, 1959

(P.L.307, No.54), is amended to read:

Section 1208. Salary.--(a) (1) The mayor of each city

shall receive for his or her services during the term of service

an annual salary to be fixed by ordinance, payable in [such]

equal [instalments] installments as council shall provide.

(2) The council shall, by ordinance, fix the amount of

salary to be paid to the mayor for his or her services[,] and

may provide for the assessment and retention [therefrom] from

the salary of reasonable fines for absence from regular or

special meetings of council or [councilmanic] committees of

20110SB0874PN0890	- 135 -

council.

(3) The amount of the mayor's salary [in cities] shall not

be less than two thousand five hundred dollars.

(b) Until changed by ordinance, the salary of mayors in

newly created cities [shall] may be as follows: [In cities

having a population of fifteen thousand or under, by the last

United States census, one thousand two hundred dollars per

annum; in cities having a population of over fifteen thousand,

and less than thirty thousand inhabitants, two thousand four

hundred dollars per annum; in cities having a population

exceeding thirty thousand, four thousand eight hundred dollars

per annum.

The amount of compensation for the mayor in any of the said

cities shall not be increased or diminished after his election.

Succeeding councils may change the amount of the mayor's

compensation, but such change shall not affect the compensation

of the mayor then in office or of any person taking office as

mayor within six months of final passage of the ordinance

providing for such change.]

(1) in cities with a population of less than five thousand,

a maximum of two thousand five hundred dollars a year;

(2) in cities with a population of five thousand or more but

less than ten thousand, a maximum of five thousand dollars a

year;

(3) in cities with a population of ten thousand or more but

less than fifteen thousand, a maximum of seven thousand five

hundred dollars a year; and

(4) in any city with a population in excess of fifteen

thousand, the salary of the mayor shall not exceed five hundred

dollars a year per thousand population or fraction of a

20110SB0874PN0890	- 136 -

thousand, the population to be determined by the latest official

census figures.

other than newly created cities shall be fixed by ordinance of

council enacted at least two days prior to the last day fixed by

law for candidates to withdraw their names from nominating

petitions previous to the day of the municipal election. The

compensation to be received by the mayor shall not be increased

or diminished after his or her election unless the increase or

decrease was included in an ordinance enacted at least two days

prior to the last day fixed by law for candidates to withdraw

their names from nominating petitions previous to the day of the

municipal election.

(d) (1) Subject to clause (2) and notwithstanding any other

provisions of law, a mayor may receive an honorarium, fee or

reimbursement of expenses related to the performance of a

marriage ceremony in this Commonwealth, if the mayor first

notifies council in writing of his or her intention to perform

marriage ceremonies. A notification pursuant to this clause

shall remain in effect for the term of the mayor or until such

time as the notification is rescinded by the mayor.

(2) The honorarium or fee shall not exceed one hundred fifty

dollars for each ceremony performed. The mayor shall keep

accurate accounts of the fees received relating to the

performance of marriage ceremonies and provide council each

quarter with a report of moneys received for that period. The

quarterly report shall include the amount of money received, the

names of persons from whom money was received along with the

date and the location of the performed ceremony and shall be

considered a public record.

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(3) The receipt of a fee under this subsection shall not be

considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics

standards and financial disclosure) and shall not be considered

compensation under this act.

Section 59. Section 1209 of the act is amended to read:

Section 1209. Acting Mayor; Powers and Duties.--[The member

of city council who shall be designated as the director of the

department of accounts and finance shall be vice president of

the city council, and acting mayor of the city during the

absence or inability of the mayor to act; and, during such

absence or inability, he] During the absence of the mayor or the

inability of the mayor to act, the vice president of city

council shall be the acting mayor who shall exercise all the

rights and powers of the mayor. In the event of a vacancy in the

office of the mayor by reason of death, resignation, or

otherwise, the vice president of council shall, in like manner,

act as the mayor and shall, while acting as mayor, receive the

compensation of mayor but not [of director of accounts and

finance or councilman during such incumbency] his or her

compensation as a council member, until the successor of the

mayor is duly [elected] appointed and qualified [as hereinbefore

provided] in accordance with section 901. In case of the absence

or inability of the [director of accounts and finance to act]

vice president of council to act as mayor, the council shall

designate another one of its members to act as mayor.

Section 60. Article XIII heading of the act is amended to

read:

ARTICLE XIII

CITY [CLERK] ADMINISTRATOR OR MANAGER

Section 61. Sections 1301, 1302 and 1303 of the act are

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amended to read:

Section 1301. [Appointment; Compensation; Removal.--The

council of each city shall appoint a city clerk on the first

Monday of May, one thousand nine hundred and fifty-two, and on

the first Monday of May every fourth year thereafter, and fix

his compensation by ordinance. He shall serve for a term of four

years and until his successor is duly appointed and qualified.]

Office of City Administrator or Manager.--City council may, at

its discretion at any time, by ordinance enacted by a majority

vote of all members elected to council, establish the office of

city administrator or manager and may in like manner abolish the

same. The appointed office of city administrator when referenced

in this act may also be referred to as the office of city

manager and a reference to a city administrator shall be deemed

a reference to a city manager.

Section 1302. [Power to Administer Oaths; Duties.--The city

clerk shall have the power of a notary public to administer

oaths in any matter pertaining to the business of said city, or

in any legal proceeding in which it is interested. He shall also

perform such other duties as shall be prescribed for his office

by law, ordinance or resolution of council.] Appointment;

Selection; Removal.-–In a city in which the office of city

administrator has been established, council shall appoint a

person to fill that office initially, and thereafter, whenever a

vacancy exists in the office. The appointment of a person to

fill the office of city administrator shall be by an affirmative

vote of a majority of all the members of council. Council shall

select a city administrator on the basis of executive and

administrative qualifications, education and experience and may

give special consideration to applicants with training and

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experience in municipal government operation. The city

administrator shall serve at the pleasure of council, subject to

contractual rights that may arise under an employment agreement

that may be entered in accordance with section 1303.

Section 1303. [Records Open to Inspection.--The records and

documents of city council of every city shall be kept in the

office of the city clerk and shall be open to the inspection of

any taxpayer thereof, his, her, or its agent, upon demand

therefor during office hours.] Employment Agreement.--Council

may enter into an employment agreement with the city

administrator. The employment agreement may set forth the terms

and conditions of employment and the agreement may provide that

it shall remain in effect for a specified period terminating no

later than two years after the effective date of the agreement

or the date of the organization meeting of council following the

next municipal election, whichever shall first occur. An

employment agreement entered into pursuant to this section may

specify conditions under which a city administrator would be

entitled to severance compensation. In no event, however, shall

an employment agreement guarantee employment through the term of

the agreement or confer upon the city administrator any legal

remedy based on specific performance.

Section 62. The act is amended by adding sections to read:

Section 1304. Residency; Elective City Office.--At the time

a person is appointed to fill the office of city administrator,

he or she need not be a resident of the city. After his or her

appointment, the city administrator may reside outside the city

only with the approval of council. The city administrator shall

not hold any elective city office.

Section 1305. Powers and Duties.--(a) Council may, by

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ordinance, vest in the city administrator powers and duties

relating to the general management of city business and to the

enforcement of city ordinances and regulations. The powers and

duties conferred upon a city administrator in accordance with

this section shall not be construed as diminishing powers

granted to other city officers by statute or ordinance.

(b) The powers and duties that may be conferred upon a city

administrator by council may include, but shall not be limited

to, any or all of the following:

(1) To be the chief administrative officer of the city

responsible to the city council as a whole for the proper and

efficient administration of the affairs of the city.

(2) To direct and supervise the administration of all

departments and functions of the city, except as otherwise

provided by ordinance or law.

(3) Except as otherwise provided by this act, to appoint

city employes on the basis of merit system principles and

suspend, remove or otherwise discipline employes, subject to the

following:

(i) The city administrator may make recommendations to

council concerning appointments or removals at the department

head level.

(ii) Prior to any action being taken with regard to

appointments or removals at the department head level, the city

administrator shall confer with council.

(iii) Council must confirm appointments or removals at the

department head level.

(4) To designate a qualified administrative officer of the

city to perform the city administrator's duties during his or

her temporary absence or disability. In the event the city

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administrator fails or is unable to make such designation, or if

the absence or disability continues more than thirty days, the

council may, by resolution, appoint an officer of the city to

perform the duties of the city administrator during his or her

absence or disability until the city administrator is able to

return to work.

(5) To negotiate contracts for the city, subject to the

approval of city council, and make recommendations concerning

the nature and location of municipal improvements and execute

municipal improvements as determined by the city council.

(6) To see that all terms and conditions imposed in favor of

the city or its inhabitants in any statute, franchise or

contract are faithfully kept and performed. Upon knowledge of

any violation, call the same to the attention of the city

council.

(7) To attend all meetings of the city council with the

right to take part in the discussions, but without the right to

vote.

(8) To recommend to the city council for adoption such

measures as the administrator may deem necessary or expedient,

keep the council advised of the financial condition of the city

and make reports to the council as requested by it.

(9) To investigate at any time the affairs of any officer or

department of the city that is under the administrator's

jurisdiction.

(10) To prepare and submit the annual city budget for review

and approval by the city council. The recommended budget shall

be submitted to city council for its review no later than the

last stated meeting in November. The budget so submitted shall

be accompanied by an enabling ordinance, together with such

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explanatory comment or statement as the administrator may deem

desirable. The budget document shall be in such form as is

required by law for city budgets and shall contain such

additional documentation or explanation of the various items of

expenditure and revenue as may be required by council.

(11) To perform such other duties as may be designated by

the city council in the enabling ordinance.

Section 63. Article XIV heading of the act is reenacted to

read:

ARTICLE XIV

THE CITY TREASURER

Section 64. Section 1401 of the act, amended July 27, 1973

(P.L.229, No.59), is amended to read:

Section 1401. Qualifications.--The city treasurer shall be

[a competent] an accountant, at least twenty-one years of age,

and shall have been a resident of the city for at least one year

[next prior to his] before his or her election. He or she shall

reside in the city throughout his or her term of office. Prior

to being sworn in to office, and as a condition to qualifying

for office, the elected treasurer shall present a signed

affidavit to the city clerk that states the person resides in

the city from which elected and has resided in the city

continuously for at least one year preceding the person's

election.

Section 65. Section 1402 of the act, amended July 2, 1953

(P.L.318, No.67), is amended to read:

Section 1402. Bond; Insurance; Salary.--[The city treasurer

shall give lawful fidelity bond to the Commonwealth, with a

surety company authorized by law to act as surety, to be

approved by the city council, in such sum as it may by ordinance

20110SB0874PN0890	- 143 -

direct, conditioned for the accounting for and paying over all

moneys received by him in his capacity as city treasurer and the

safekeeping and payment over of all public moneys entrusted to

his care, and that as tax collector of city, county, institution

district, and school taxes he shall account for and pay over all

moneys received by him as taxes, penalties and interest. The

city treasurer shall in addition furnish adequate insurance

protection against any and all losses of said funds through

fire, burglary, larceny, theft, robbery or forgery. Such

insurance shall be approved by the city council in such sum as

it may by ordinance direct. The city treasurer and his surety

shall be discharged from further liability on any bond as tax

collector, as soon as all tax items contained in the duplicates

delivered to him are either: (1) collected and paid over, or (2)

certified to the city council for entry as liens in the office

of the prothonotary, or as claims in the tax claim bureau, as

the case may be, or (3) returned to the county treasurer or city

treasurer for sale, or (4) in the case of taxes, not levied upon

real estate, a record of those which remain uncollected is filed

with the tax authority. The city treasurer shall be required to

give, in addition to insurance as aforesaid, but one bond which

shall include his duties as city treasurer and collector of

city, county, institution district, and school taxes, and shall

cover the full term of his office. Should any of the taxing

districts be of the opinion at any time that the bond and

insurance as aforesaid provided by the city treasurer is not

sufficient in amount as to the surety and insurance thereon, the

said taxing district may petition the court of quarter sessions

having jurisdiction in the city to have the city treasurer

furnish additional bond and insurance as aforesaid. Thereupon,

20110SB0874PN0890	- 144 -

the city treasurer shall furnish such additional bond and

insurance, if any, as the said court may prescribe. The premium

of the bond or bonds and insurance shall be paid by the city or

shared pro rata by the taxing districts interested, as the case

may be, according to their respective tax interests. The

treasurer shall not in any event be required to provide bond or

bonds and insurance in an amount in excess of the taxes to be

collected by him. The bond or bonds and insurance provided by

the city treasurer shall or be for the use of the city and the

taxing districts involved. He shall, as city treasurer, receive

a fixed annual salary, to be provided by ordinance. His

compensation as tax collector for the city, county, institution

district and school district shall be as provided for in the

Local Tax Collection Law.] (a) The city treasurer shall give

lawful fidelity bond, covering the full term of his or her

office, for the faithful performance of his or her official

duties, including his or her duties as tax collector of city,

county, institution district and school taxes. In addition to

being subject to such other conditions as council may direct,

the bond of the city treasurer shall be conditioned upon the

following:

(1) The accounting for and paying over of all moneys

received in his or her capacity as city treasurer.

(2) The accounting for and paying over of all moneys

received as taxes, penalties and interest in his or her capacity

as tax collector of city, county, institution district and

school taxes.

(3) The safekeeping and payment over of all public moneys

entrusted to his or her care.

(b) Council may require two bonds from the city treasurer:

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(1) A bond for the faithful performance by the city

treasurer of his or her official duties other than those of tax

collector.

(2) A bond covering the duties of the city treasurer as

collector of city, county, institution district and school

taxes.

In lieu of the bond required for the faithful performance by the

city treasurer of his or her official duties other than those of

tax collector, council may purchase insurance, provided that the

insurance covers the same events of loss and insures the county

against the same misconduct as the bond in compliance with this

act.

discharged from further liability on any bond as tax collector,

as soon as each of the tax items contained in the duplicates

delivered to the city treasurer has been:

(1) collected and paid over;

(2) assigned to third party assignees;

(3) certified to the city council for entry as liens in the

office of the prothonotary or as claims in the tax claim bureau,

as the case may be;

(4) returned to the county treasurer or city treasurer for

sale; or

(5) in the case of taxes not levied upon real estate, a

record of those which remain uncollected is filed with the tax

authority.

(d) Council may require the city treasurer to be covered by

insurance protection in accordance with section 907.1(c).

(e) Should any of the taxing districts be of the opinion at

any time that the bond or insurance provided by the city

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treasurer is not sufficient in amount, the taxing district may

petition the court of common pleas having jurisdiction in the

city to have the city treasurer furnish additional bond and

insurance. Thereupon, the city treasurer shall furnish

additional bond and insurance, if any, as the court may

prescribe. The premium on the bond or on the bonds and insurance

shall be shared pro rata by the taxing districts interested, as

the case may be, according to their respective tax interests

pursuant to the act of May 25, 1945 (P.L.1050, No.394), known as

the "Local Tax Collection Law." The treasurer shall not in any

event be required to provide bond or bonds and insurance in an

amount in excess of the taxes to be collected by him or her. The

bond or bonds and insurance provided by the city treasurer shall

be for the use of the city and the taxing districts involved.

(f) The city treasurer shall receive a fixed annual salary

to be provided by ordinance. His or her compensation as tax

collector for the city, county, institution district and school

district shall be as provided for in the "Local Tax Collection

Law."

Section 66. The act is amended by adding sections to read:

Section 1402.1. City Treasurer to be Tax Collector.--Except

as otherwise provided by the act of December 31, 1965 (P.L.1257,

No.511), known as "The Local Tax Enabling Act," the city

treasurer, by virtue of his or her office, shall be the

collector of the city, county, school and institution district

taxes assessed or levied in the city by the proper authorities

therein. As tax collector, the city treasurer shall maintain and

keep an office which may be the same as that of the city

treasurer for the purpose of receiving taxes during regular

business hours.

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Section 1402.2. Date of Delivery of Duplicate; Collection.--

The council of each city and the county and county institution

district authorities, now empowered or which may be hereafter

empowered to levy taxes upon persons and property within the

city, shall, within thirty days after the adoption of the budget

or within thirty days after receipt of the assessment roll from

the county, whichever is later, make out and deliver their

respective duplicates of taxes assessed to the city treasurer to

be collected. The proper school authorities shall make out and

deliver the school duplicates of their respective taxes in such

city at the time and in the manner provided by the school laws

of this Commonwealth. All duplicates of taxes placed in the

hands of the treasurer shall at all times be open to proper

inspection of the taxpayers and of the proper auditing and

examining officers of the city, county or school district, as

the case may be, and shall be delivered by the treasurer at the

expiration of his or her term to his or her successor.

Section 1402.3. Tax Liens; Schedule of Uncollected Taxes;

Liability for False Return.--Upon the settlement of the

duplicates of city, county, institution district and school

taxes which by law are made a lien on real estate, the city

treasurer as collector of taxes shall make out schedules of the

city, county, school or institution district taxes uncollected

upon the duplicates with a brief description of the properties

against which the same are assessed, for the purpose of having

the same entered for lien or sold according to law. The failure

of the city treasurer to collect the taxes from personal

property, when the same could have been collected, shall not

impair the lien thereof or affect any sale made for the

collection thereof. In case the city treasurer shall make any

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wilfully false return, he or she shall be liable to any person

or persons injured thereby.

Section 67. Sections 1403, 1404, 1405, 1406, 1407 and 1408

of the act are amended to read:

Section 1403. Receipt and Payment of Moneys; Daily

Transmittal of Receipts; Duplicates.--The city treasurer shall

demand and receive all moneys payable to the city from [whatever

source, and shall issue a receipt in every case to the person

making such payment, and shall pay all warrants duly

countersigned by the director of accounts and finance and the

city controller] such sources as the city council may from time

to time entrust to the city treasurer and shall issue a receipt

when requested in every case to the person making such payment

and shall pay all documents authorizing payment duly

countersigned. All receipts for money received on behalf of the

city by the treasurer shall be numbered serially and made in

duplicate at least, and all such duplicates shall daily, not

later than the next succeeding business day, be transmitted by

the city treasurer to the city controller.

Section 1404. Method of Keeping Accounts.--The accounts of

the city treasurer shall be kept in such manner as to clearly

exhibit all the items of receipts and expenditures of the city,

[and] the sources from which the moneys are received and the

objects for which the same are disbursed. He or she shall keep

separate and distinct accounts of the receipts and expenditures

of the city, including, but not limited to, the sinking fund,

and [the water and lighting] each department[, respectively]

providing a utility service, and also of every special fund

[which may come into his hands].

Section 1405. Moneys Appropriated Only to be Paid Out.--No

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money shall be paid out of the city treasury unless the same

shall have been previously approved, duly authorized and

appropriated by council to the purpose for which it is to be

drawn, which shall be explicitly mentioned in the [warrant

therefor] document authorizing payment.

Section 1406. Depositories of City Funds Entrusted to the

Treasurer by City Council.--The treasurer shall keep the public

funds in [such] banks or financial depositories as council may

direct, under [such] restrictions and safeguards as council may

provide, and shall verify his or her accounts whenever required,

to the satisfaction of council.

No treasurer complying with the provisions of this section

and any ordinance of the city, nor his or her surety or

sureties, shall be chargeable with losses of city funds caused

by the insolvency or negligence of any [such] city depositories.

Section 1407. Delivery of City Property in His or Her

Possession to Successor.--The city treasurer shall, upon the

termination of his or her office, deliver to the city or to his

or her duly qualified successor all moneys, accounts, property

or effects in his or her possession belonging to the city.

Section 1408. [Assistants and Employes.--] Appointment of

Deputy Treasurer and Employes; Powers; Responsibility.--(a) The

city treasurer [shall] may appoint [all] the following:

(1) A deputy treasurer who, in the case of the sickness,

absence or inability of the city treasurer to act, shall have

the same powers and shall perform the same duties as are imposed

by law upon the city treasurer and such appointment shall be in

compliance with the requirements of the act of May 25, 1945

(P.L.1050, No.394), known as the "Local Tax Collection Law."

(2) All the assistants and employes of [his] the city

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treasurer's office, whose number and compensation shall be fixed

by council[,] and who, in all other respects, shall be

considered as employes of the city.

(b) All persons appointed pursuant to this section shall be

covered by a bond, blanket bond or insurance in accordance with

section 907.1.

Section 68. Article XV heading of the act is reenacted to

read:

ARTICLE XV

THE CITY ENGINEER

Section 69. Article XV subdivision (a) heading of the act is

repealed:

[(a) General Provisions]

Section 70. Sections 1501, 1502, 1503, 1504 and 1505 of the

act are amended to read:

Section 1501. [Election of the City Engineer; Term; Bond;

Filling of Vacancies.--The council of each city shall, on the

first Monday of May, one thousand nine hundred and fifty-two,

and on the first Monday of May every fourth year thereafter, or

as soon thereafter as practicable in each of said years, appoint

a city engineer, who shall be a registered engineer in civil

engineering. He shall serve for a term of four years from the

said first Monday of May and until his successor is qualified.

He shall receive a fixed annual salary to be provided by

ordinance. He shall give lawful bond to the city, with a surety

or other company authorized by law to act as surety, to be

approved by council, in such sum as it shall by ordinance

direct, conditioned for the faithful performance of his official

duties. Vacancies in said office shall be filled by council for

the unexpired term.] Appointment of City Engineer.--Council

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shall provide for the manner of appointment and compensation of

the city engineer, who shall be a registered professional

engineer in this Commonwealth and shall serve at the pleasure of

council. Nothing contained herein shall prohibit council from

designating an engineering firm of registered professional

engineers from performing the duties and functions of the city

engineer.

Section 1502. Control of Engineering Matters.--The city

engineer shall have the [superintendence, direction and control

of the engineering matters of the city, and no department of the

city shall employ or retain any additional engineer, except with

the previous assent of council. Assistants and employes in the

office of the city engineer shall be appointed in accordance

with the civil service provisions of this act. The provisions of

this article shall not apply to any board of commissioners of

water-works of any city wherein the title to the water-works

therein located is in the name of the commissioners of water-

works.] supervision, direction and control of the engineering

matters of the city, and no department of the city shall employ

or retain any additional engineer, except with the previous

assent of council.

Section 1503. Duties[; Preparation of Plans.--The city

engineer shall perform such duties as the council shall

prescribe with reference to the construction, reconstruction,

maintenance and repair of all streets, pavements, sewers,

bridges, culverts and other engineering work. He shall prepare

plans, specifications, and estimates for all such work

undertaken by such city, and shall, whenever required, furnish

council, the committees thereof, the mayor, public boards, or

heads of departments, with reports, information or estimates on

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any city engineering work, or on questions submitted by any of

them in their official capacity.].--As authorized by council,

engineering work undertaken by the city shall be performed or

supervised by the city engineer or by another registered

professional engineer employed by the city for a particular

purpose. The duties of the city engineer may include, but need

not be limited to, the following:

(1) Preparing plans, specifications and estimates, and

undertaking other engineering work related to constructing,

reconstructing, maintaining and repairing streets, pavements,

sewers, bridges, culverts and other municipal improvements.

(2) Making reports, giving estimates, supplying information

and responding to questions concerning city engineering work to

city officials and employes, provided that council may regulate

the manner, number and method of making these requests.

(3) Conducting, supervising or directing surveys relating to

city property and improvements authorized by law or as directed

by council.

(4) Preparing a topographical survey of the city or a

general plan of city streets, marking the lines of streets, both

those already opened and those intended to be opened for public

use, as council may deem necessary.

(5) Surveying, making a draft or plan of and laying out new

or proposed streets, as council may deem necessary.

(6) Reporting a grade for any proposed or new streets, as

council may deem necessary.

(7) Making reports, from time to time, as deemed expedient

by the city engineer or as council shall direct, of the surveys

and plans of city streets in convenient sections without

awaiting the completion of the entire survey.

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(8) Keeping and maintaining books and records, and providing

for certified copies of the same, as may be directed or

authorized by council.

Section 1504. [Certificate of Commencement and of Completion

of Municipal Improvements.--The city engineer shall immediately

after the completion of any municipal improvement, the cost and

expense of which, in whole or in part, is to be paid by the

abutting property, make certificate in which he shall state the

day or time on which the particular improvement was completed,

and shall file the same with the city clerk, who shall enter the

said day or time of completion in a book to be kept by him for

said purposes; and the said day or time mentioned in said

certificate shall be conclusive on all parties as to the time

the said work was completed. The time of completion of the work,

referred to in this section and in other parts of this act,

shall be taken to mean the time of the completion of the whole

contract for the improvement. He shall also furnish to the city

clerk a certificate showing the time on which any such

particular improvement was commenced, and such certificate shall

be conclusive evidence of the time when the said improvement was

begun. An entry of such date shall be made by said clerk in the

books aforesaid.] Certifying Commencement and Completion of

Municipal Improvements.--Within a reasonable time after the

completion of any municipal improvement, the cost and expense of

which, in whole or in part, is to be paid by the abutting

property owner or owners, the city engineer, or employes

designated by the city engineer, shall certify the day or time

on which the particular improvement was commenced and the day or

time on which the particular improvement was completed, shall

file the same with the city clerk and shall provide notice of

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the filing to the city solicitor. The day or time of completion

of the work, referred to in this section and in other parts of

this act, shall mean the time of the completion of the whole

contract for the improvement. Information filed with the clerk

certifying the day or time of the commencement and completion of

the work shall be conclusive evidence of the day or time when

the improvement was begun and completed.

Section 1505. [Surveys.--The city engineer shall have the

charge and direction of all surveys and regulations authorized

by any act of Assembly, or ordinance of such city, and shall

perform such other duties as council shall direct.] Surveys;

Entering Upon the Lands of Others.--For the purposes of carrying

out authorized surveys, laying out streets or of other

engineering work of the city, the city engineer or other persons

engaged in city engineering work shall have full power and

authority to enter upon the lands and premises of any person or

persons within the city.

Section 71. Article XV subdivision (b) heading, sections

1515, 1516, 1517, 1518, 1519, 1520 and 1521, subdivision (c)

heading and sections 1530, 1531, 1532, 1533, 1534, 1535, 1536,

1537 and 1538 are repealed:

[(b) Real Estate Registry

Section 1515. Council to Provide for Registry of Real

Estate.--For the purpose of procuring accurate information in

reference to the ownership of all real estate, the council of

each city shall provide, by ordinance, for a registry thereof in

accordance with this subdivision.

Section 1516. Preparation of Books, Plans and Maps.--The

city engineer of any city in which such registry shall be

established shall cause to be made all such necessary books,

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maps and plans as will show the situation and dimensions of each

property therein, which books, maps or plans shall be so

prepared as to show the city number, and name of the owner or

owners thereof, with blank spaces for the owner of each lot,

with provision for the names of future owners, and dates of

future transfer of title. For such purpose, the city engineer

shall have free access, without charge, to any of the public

records wherein the necessary information may be obtainable

therefor. He may also cause search to be made in any other place

for any muniments or evidence of title, not reported to him as

hereinafter provided, and requisite for the completion of said

books, maps or plans.

Section 1517. Preservation of Records.--The said books, maps

and plans shall be carefully preserved in the office of the

engineer, and shall be so kept, by additions from time to time,

or otherwise, as to show the ownership of every lot or piece of

real estate, or subdivision thereof, within the city limits,

with the successive transmissions of title, from the date of the

commencement of such plans; but nothing herein or in this

article shall invalidate any municipal or tax claim by reason of

the fact that the same is not assessed or levied against the

registered owner.

Section 1518. Certified Copies of Entries Admissible as

Evidence.--Certified copies, signed by the city engineer, of any

of the entries in said books, or upon said maps or plans, shall

be received in evidence in the same manner as the books, maps

and plans themselves might be admissible for such purposes; and

may be also furnished to any person desiring the same, for such

fee or compensation for the use of the city as may be fixed by

ordinance.

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Section 1519. Duties Imposed on Owners of Real Estate when

Registry Established; Penalty.--All owners of unregistered real

estate within the city limits, within thirty days from the date

of the approval of the ordinance establishing such registry, and

every subsequent purchaser, devisee, or person acquiring title

by partition or otherwise, to any real estate therein, within

thirty days after acquiring such title, shall furnish to the

said engineer, at his office, descriptions of their respective

properties, upon blanks to be furnished by the city, and, at the

same time, present their conveyance to be stamped by said

engineer, without charge, as evidence of the registration

thereof. Any person or persons neglecting or refusing to comply

with the provisions of this section, for a period of thirty days

after public notice of the requirements thereof, shall be liable

to a penalty of five dollars, to be recovered, with costs of

suit, in the name and for the use of the city, as penalties for

the violation of city ordinances are recoverable: Provided,

however, That such registration may within said thirty day

period be also effected by the recorder of deeds of the county,

in accordance with existing law.

Section 1520. Registry of Properties Sold at Judicial

Sales.--The sheriffs of the respective counties in which such

cities are situated shall present for registry the deeds of all

properties within the city limits sold by them at judicial

sales, whether by execution, in partition, or otherwise.

Section 1521. Filing of Municipal Claims.--Each city's

registry may be used as the lawful and proper source of property

owners' or reputed owners' names for the purpose of filing

municipal claims as liens or of reviving municipal liens.

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Section 1530. Council May Authorize Topographical Survey.--

Any city may, by ordinance, cause a topographical survey

thereof, to be made by its city engineer, or by such other civil

engineer and assistants as they may employ for that purpose.

Section 1531. Plan of Streets and Highways; Surveys;

Grades.--The city engineer, upon being duly authorized, shall

procure and keep in his office such necessary plot or other

books as shall be necessary for the purpose of entering or

recording thereon all the streets and highways of the city,

already opened or to be hereafter opened. He shall survey and

mark the lines of all the streets and highways of the city,

already opened or intended to be opened for public use, and

survey and lay out new streets and highways, as council may deem

necessary, for a regular and convenient city plan, and, if

specially directed, he shall report a grade for any proposed new

streets. For the said purposes, the city engineer and his

assistants or any other person engaged in such engineering work

for the city shall have full power and authority to enter upon

the lands and premises of any person or persons within the said

city.

Section 1532. Return of Draft of Completed Survey to

Council; Inspection.--When the survey shall be completed, the

said engineer shall make or cause to be made a draft or plan

thereof, with every provision and explanation necessary for a

full understanding of the same, distinctly designated where new

streets and highways are thereafter to be opened, and shall

return the same to the council. It shall remain in the office of

the city clerk, and open to inspection by those interested,

until finally approved as hereinafter provided.

Section 1533. Notice of Return; Objections; Alterations;

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Approval; Recording.--Council shall give at least thirty days'

previous notice by publication once in at least two newspapers

of general circulation, if there be that many, as required by

section one hundred and nine of this act, and by posting at

least ten handbills upon lands or territory contained in the map

or plan returned for approval, that on a certain day or days, to

be fixed by the said council, the said council will hear any

objection that may be made to said draft or plans by any

freeholder or citizen of said city, or interested person. The

council at the time appointed, or at any subsequent time within

three months, shall determine whether any and what alterations

shall be made in the said plan or draft. When the same is

finally approved, whether as returned or as altered and changed,

said council may direct that the same be entered and recorded in

the plot-book of street plans, in the office of the city

engineer.

Section 1534. Notation of Grades on Plans.--In case the city

engineer is directed to report grades for said streets or

highways, the same shall be noted on said draft or plan, and be

returned with his surveys; and said grades shall be subject to

alterations and changes by council, in the manner aforesaid; and

when approved by the said council shall become part of the

plans, and be entered and recorded as aforesaid.

Section 1535. Effect of Recording.--Upon the recording of

such plan or draft in the street plan book, and the passage of

an ordinance approving said street drafts or plans and grades,

or of either, as the case may be, therein designating the book

and page, or pages, at or in which the said plan or plans are

recorded, thereafter all the streets and highways, as designated

upon said approved plan and recorded as aforesaid, shall be

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adjudged and taken to be laid out and located streets and

highways.

Section 1536. Deviation from Established Plans; Liability of

City.--In case the council shall thereafter change or alter, or

should they by themselves or their officers deviate from the

regulations of the streets or highways, so as aforesaid

established, and damages thereby accrue to the property of any

person or persons in consequence thereof, the said city shall be

liable for the payment of such damages.

Section 1537. Sectional Surveys.--Sectional surveys or

drafts may be returned to the council by said engineer at any

time, and be confirmed as aforesaid, and with like force and

effect.

Section 1538. Reports of Partial Surveys; Confirmation.--The

said engineer may, from time to time as he shall deem expedient

and the said council shall direct, make report of the surveys,

plans and regulations by him made, in convenient sections,

without awaiting the completion of the entire survey, and shall

make duplicate drafts and plans of said section in the manner

hereinbefore prescribed. The same proceedings shall be had for

the final confirmation of such partial or sectional drafts and

plans as is herein directed in relation to the confirmation of

the entire survey, and with like effect and force.]

Section 72. Article XVI heading of the act is reenacted to

read:

ARTICLE XVI

THE CITY SOLICITOR

Section 73. Sections 1601, 1602, 1603 and 1604 of the act

are amended to read:

Section 1601. Appointment of City Solicitor[; Term;

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Compensation; Bond; Filling of Vacancies.--The council of each

city shall, on the first Monday of May, one thousand nine

hundred and fifty-two, and on the first Monday of May every

fourth year thereafter, or as soon thereafter as practicable in

each of said years, appoint a city solicitor, who shall be

learned in the law and admitted to practice in the Supreme Court

of the Commonwealth, and shall maintain an office in the city.

He shall serve for a term of four years from the said first

Monday of May and until his successor is qualified. He shall

receive a fixed annual salary to be provided by ordinance. He

shall give lawful bond to the city, with a surety or other

company authorized by law to act as surety, to be approved by

council, in such sum as they shall by ordinance direct,

conditioned for the faithful performance of his official duties.

Vacancies in said office shall be filled by council for the

unexpired term.].--Council shall provide for the manner of

appointment and compensation of the city solicitor, which may be

a law firm.

Section 1602. Direction of [Law] Legal Matters.--The city

solicitor shall have the [superintendence,] direction[,] and

control of the [law] legal matters of the city. No department of

the city shall employ or retain any additional counsel in any

matter or cause, except with the [previous] prior assent of

council.

Section 1603. Duties.--The city solicitor shall [prepare]

oversee the preparation of all bonds, obligations, contracts,

leases, conveyances, and assurances to which the city or any

department thereof may be party, as may be directed by

resolution or ordinance, and shall [commence and prosecute]

oversee the commencement and prosecution of all and every suit

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or suits, action or actions, brought by the city, and the filing

of municipal claims and liens, for or on account of any of the

estates, rights, trusts, privileges, claims, or demands[,] of

the same, as well as [defend] oversee the defense of all actions

or suits against the [said] city or any officer thereof, wherein

or whereby any of the estates, rights, privileges, trusts,

ordinances, or acts of the city or any department thereof, may

be brought in question before any court. He or she shall have

like duties before any administrative agency or other judicial

or quasi-judicial body. He or she shall do all and every

professional act incident to the office which he or she may be

lawfully authorized and required to do by the mayor, or by any

ordinance or resolution of the council, and shall perform such

other duties as council may direct.

Section 1604. Written Opinions to be Furnished.--[The city

solicitor shall, whenever required, furnish the council, the

mayor, or any elected city official, with his opinion, in

writing, upon any question of law which may be submitted by any

of them in their official capacities.] (a) Subject to

regulation by council in accordance with subsection (b), the

city solicitor shall furnish a written opinion on questions of

law submitted, in their official capacities, by any of the

following:

(1) The council.

(2) The mayor.

(3) Any other elected city official.

(4) Any appointed city official designated by council as

authorized to request a written legal opinion.

(b) The city council may provide for the regulation of the

manner in which questions are presented to the city solicitor by

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any elected or appointed city official and may limit the

questions submitted in such manner as the city council may

direct.

Section 74. Sections 1605 and 1606 of the act are repealed:

[Section 1605. City Lien Docket.--The city solicitor shall

keep in his office a city lien docket, which shall be open to

public inspection, and in which he shall cause to be entered all

claims for curbing, paving, or repaving sidewalks, assessments

of damages, contributions for opening streets, or parts thereof,

for grading, paving, and macadamizing the same, for water and

lighting frontage tax and water and lighting rates, sewerage,

city taxes, and other matters that may be the subject of claim

on the part of the city, which have or shall be returned to the

solicitor as remaining due and unpaid after the period

prescribed by law or ordinance for the payment of such claims.

Nothing contained herein shall be deemed to alter or replace the

administration and effect of the Real Estate Tax Sale Law in any

city wherein said law is in operation.

Section 1606. Department Heads to Furnish Statements of

Claim.--It shall be the duty of the head of each department,

wherein any such claim shall originate, to furnish to the city

solicitor, within the period prescribed by law or ordinance, a

statement of all claims for curbing, paving, et cetera, which

remain due or unpaid, a certified copy of which the said heads

of departments shall at the same time furnish to the director of

accounts and finance.]

Section 75. Section 1607 of the act is amended to read:

Section 1607. Satisfaction of Liens Due City.--Upon the

payment of any lien or other debt of record due the city, to any

city employe or city official or other person authorized to

20110SB0874PN0890	- 163 -

receive the [same] payment, that person shall [forthwith forward

to the city solicitor a satisfaction piece therein], as soon as

practicable, notify the city solicitor; and it shall be the duty

of the city solicitor or his [assistant forthwith] or her

designee, as soon as practicable, to cause satisfaction to be

entered upon the proper record [thereof] of the lien or debt of

record.

Section 76. Section 1608 of the act is repealed:

[Section 1608. Return and Payment of Money and Fees

Received.--The city solicitor shall, at least once in every

month, make a return to the director of accounts and finance,

under oath or affirmation, of each item of moneys received by or

through him, or his assistants, by virtue of his office, or on

account of any matter connected therewith. Immediately upon

making such return, he shall pay over the amount in his hands to

the city treasurer. He shall, in like manner, pay into the city

treasury all fees received by him in his official capacity, but

this provision shall not be taken to include the judgment fee or

commission allowed him in his capacity of attorney.]

Section 77. Sections 1609 and 1610 of the act are amended to

read:

Section 1609. Assistant Solicitor.--[The council of each

city may] Council may, at its discretion, appoint one or more

assistant city solicitors[, whose term of office shall be

concurrent with that of the city solicitor, and whose] to assist

the solicitor in the performance of all duties and shall provide

for the compensation [shall be fixed by resolution, and who

shall assist the solicitor in the performance of all duties

prescribed for him] of assistant solicitors by resolution.

Section 1610. Special Counsel.--Council may, at its

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discretion, retain special counsel for particular proceedings or

matters of the city and [fix his] shall provide for the

compensation of special counsel by resolution.

Section 78. Article XVII heading of the act is amended to

read:

ARTICLE XVII

THE CITY CONTROLLER AND INDEPENDENT AUDITOR

Section 79. Article XVII of the act is amended by adding a

subdivision heading to read:

(a) City Controller

Section 80. Section 1701 of the act, amended July 27, 1973

(P.L.234, No.62), is amended to read:

Section 1701. Qualifications; Bond; Compensation.--(a) The

city controller or any deputy or temporary deputy controller

shall be [a competent] an accountant, at least twenty-one years

of age, shall have been a resident of the city for at least one

year [next before his election] before his or her election, and

shall reside in the city throughout his or her term of office.

Prior to being sworn in to office, and as a condition to

qualifying for office, the elected city controller shall present

a signed affidavit to the city clerk that states the person

resides in the city from which elected and has resided in the

city continuously for at least one year immediately before the

person's election.

(b) The city controller shall give bond in accordance with

section 907.1 for the faithful performance of his or her

official duties as the city controller. The bond shall cover the

full term of his or her office and shall be conditioned upon the

following:

(1) The accounting for and paying over of all moneys

20110SB0874PN0890	- 165 -

received in his or her capacity as city controller.

(2) The safekeeping and payment over of all public moneys

entrusted to his or her care.

to be set by ordinance, in an amount not less than the

compensation paid to members of council.

Section 81. Sections 1702 and 1703 of the act are repealed:

[Section 1702. Bond.--He shall give lawful bond to the city,

with a surety or other company authorized by law to act as

surety, to be approved by the council, in such sum as it may by

ordinance direct, conditioned for the honest and faithful

discharge of his official duties.

Section 1703. Compensation.--He shall receive a fixed annual

salary, to be provided by ordinance, which shall not be less

than the compensation paid to members of council.]

Section 82. Section 1704 of the act, amended May 6, 1957

(P.L.100, No.42) and December 14, 1967 (P.L.828, No.355), is

amended to read:

Section 1704. [Examination and Audit of Accounts].--(a)]

Powers and Duties.--(a) The city controller shall countersign

all documents authorizing the payment of moneys out of the city

treasury when satisfied of the legality of the payment.

(b) The city controller shall have the power to administer

oaths or affirmations in relation to any matter touching the

authentication of any account, claim or demand of or against the

city, but shall not receive any fee therefor.

audit and settle all] the following accounts:

(1) All accounts whatsoever in which the city is concerned,

either as debtor or creditor[, and shall also, annually or as

20110SB0874PN0890	- 166 -

often as he desires or is directed to do so by council, examine

and audit the].

(2) The accounts of all city bureaus, officers, and

departments which collect, receive, and disburse public

moneys[,] or who are charged with the management, control, or

custody thereof[, and in every case he shall make report of such

examination, audit and settlement to the council. He shall

likewise audit and report upon the].

(3) The accounts of [any such] a city officer upon the

death, resignation, removal or expiration of the term of the

[said officers] officer. [He shall likewise audit and report

upon the]

(4) The accounts of any library to which the city makes

appropriations, [those of] any institution owned by the city,

and [those of] Pennsylvania National Guard units to which the

city makes appropriations.

[(b) He shall likewise audit, or with the consent of council

cause to be made by an accountant an annual audit of, all the

accounts of any municipal officer in any department of the city

government who may be charged with the duty, or who may perform

the services, of receiving and disbursing the funds of any

association, society, or organization of municipal employes or

persons, directly or indirectly connected with the municipal

government, for the benefit, relief, or pensioning of firemen,

policemen, or other municipal employes or persons as aforesaid.

possible after the close of the fiscal year, and be annually

reported to council at its first meeting in March, as other

reports of the controller are made, and shall be filed with the

court of quarter sessions within ninety days of the close of the

20110SB0874PN0890	- 167 -

fiscal year.

(d) Council may provide for an audit of any or all accounts

by an independent certified public accountant.

(e) Brief abstracts or summaries of the reports of such

accounts and financial statements or such other reports thereof

as council may require shall be published at least once a week

for two weeks in one newspaper, in accordance with the

provisions of section one hundred and nine of this act. The

expense and cost of such publication shall be paid out of the

funds of the various associations, organizations, or societies,

as their other expenses are paid.]

(d) In the same manner in which subpoenas may be issued and

enforced, in accordance with section 917, the city controller

shall have power to issue and pursue enforcement of subpoenas to

obtain the attendance both of officers whose accounts the

controller is authorized to examine and of any person or persons

whom it may be necessary to examine as witnesses.

(e) The city controller may present council with annual or

periodic statements concerning the results of the controller's

examination of accounts.

Section 83. The act is amended by adding sections to read:

Section 1704.1. Deputy Controller; Employes.--The controller

may appoint a deputy controller and may select individuals to

serve as assistants and employes in the controller's office. The

number of the assistants and employes permitted, if any, shall

be fixed by council. Assistants and employes in the controller's

office shall, in all other respects, be considered employes of

the city. A deputy controller, assistants and employes appointed

hereunder shall be bonded, and their compensation shall be fixed

by council.

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Section 1704.2. Temporary Deputy Controller.--In case of the

sickness, absence or inability of a city controller, and when no

deputy shall have been appointed by the controller, the council

may appoint a temporary deputy controller to serve during the

sickness, absence or inability of such controller, or until the

controller shall appoint a deputy. A temporary deputy controller

shall be bonded and receive such compensation as fixed by

council.

Section 1704.3. Continuation of Office.--The appointment of

an independent auditor in accordance with subdivision (b) shall

not abolish the office of controller. The elected controller

shall continue to exercise those powers retained for the

controller in this subdivision.

Section 84. Article XVII of the act is amended by adding a

subdivision heading to read:

(b) Independent Auditor

Section 85. The act is amended by adding sections to read:

Section 1704.11. Appointment of an Independent Auditor.--The

council shall provide, by resolution, for the appointment of an

independent auditor. The independent auditor may be a certified

public accountant or a firm of certified public accountants.

Section 1704.12. Powers and Duties of the Independent

Auditor.--(a) The independent auditor shall conduct an annual

audit of all accounts of city officers, departments and offices

which collect, receive and disburse public moneys and other

funds or are charged with the management, control or custody

thereof on which he or she is required to report pursuant to

this subdivision. The annual audit, as directed by council,

shall also include any accounts subject to examination by the

controller pursuant to subdivision (a).

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(b) The independent auditor shall have and possess the

powers expressly provided in this subdivision and, in relation

to accounts which the independent auditor is authorized to

audit, shall have the same power as the city controller to issue

subpoenas to obtain the attendance of officers and witnesses.

Section 86. Section 1705 of the act, amended March 2, 1970

(P.L.71, No.31), is amended to read:

Section 1705. Annual Report to Council; Filing Copy in Court

and Appeal [Therefrom].--(a) The [city controller] independent

auditor appointed in accordance with this subdivision shall make

a report to council, at [its] council's first meeting in March

in each year, of the audits [which he shall have] made of the

accounts of the officers having charge, custody, control or

disbursement of such public moneys and other funds, showing the

balance in their hands respectively, and, within ninety days of

the close of the fiscal year, the [city controller] independent

auditor shall file a copy of the [said] annual report to council

with the clerk of the court or the prothonotary, as may be

provided by local rules of court.

(b) The independent auditor shall also prepare, annually, an

intelligible summary of the report or reports made pursuant to

this section, showing the fiscal condition of the affairs of the

city. Council may require advisory interim reports from the

independent auditor.

on its behalf or any officer whose account is settled or audited

to appeal from the settlement or audit to the court of common

pleas of the county within forty-five days after the [said]

annual report to council has been filed. If the appellant is a

taxpayer or any officer charged as aforesaid, he shall file a

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bond, with one or more sufficient sureties, conditioned to pay

all costs thereafter accruing in case a decision shall not be

obtained more favorable to the party on whose behalf the appeal

shall be taken than that contained in the [said] report. [The

city controller shall also prepare an intelligible summary of

said reports, showing the fiscal condition of the affairs of the

city, and post one copy of said summary in a conspicuous place

in the city hall. Council may require advisory interim reports

from the city controller.]

Section 87. Sections 1706, 1707, 1708 and 1709 of the act

are repealed:

[Section 1706. Power to Administer Oaths; Countersigning of

Warrants.--The city controller shall have the power to

administer oaths or affirmations in relation to any matter

touching the authentication of any account, claim, or demand of

or against the city, but shall not receive any fee therefor, and

shall countersign all warrants for the payment of moneys out of

the city treasury when satisfied of the legality of such

payment.

Section 1707. Power to Subpoena City Officers.--The city

controller shall have power to issue subpoenas to obtain the

attendance of officers whose accounts he is authorized to

adjust, audit, and settle, and also to subpoena any person or

persons whom it may be necessary to examine as witnesses, and in

case any city officer or any witness refuses to appear upon

being subpoenaed, he shall report such refusal to council, and

the council is hereby empowered to enact ordinances to compel

the attendance of city officers and witnesses before the said

city controller and to impose penalties in case of refusal.

Section 1708. Appointment of Deputy Controller; Powers;

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Responsibility.--The city controller may appoint a deputy

controller, who in case of the sickness, absence, or inability

of such controller to act, shall have the same powers and shall

perform the same duties as are imposed by law upon the city

controller. In the case of such appointment, the said controller

shall be responsible and liable for the acts of such deputy.

Section 1709. Appointment of Temporary Deputy by Council;

Bond; Compensation.--In case of the sickness, absence, or

inability of a city controller, and when no deputy shall have

been appointed by him, the council of such city may appoint a

deputy controller to serve during the sickness, absence, or

inability of such controller, or until such controller shall

appoint a deputy, as aforesaid, who shall furnish such bond, and

receive such compensation, as shall be fixed by council.]

Section 88. Article XVIII heading of the act is reenacted to

read:

ARTICLE XVIII

ACCOUNTS AND FINANCES

Section 89. Section 1801 of the act, amended April 27, 1965

(P.L.21, No.18), is amended to read:

Section 1801. Fiscal Year.--The fiscal year of each city

shall begin on the first day of January and end on the last day

of December.

Section 90. Sections 1802, 1803 and 1804 of the act are

amended to read:

Section 1802. [Director of Accounts and Finance] Chief

Fiscal Officer; Bond; Administering Oaths.--[The director of

accounts and finance shall be the head of the Department of

Accounts and Finance. He shall furnish bond in such amount as

shall be fixed by ordinance. He] (a) Council shall provide for

20110SB0874PN0890	- 172 -

a chief fiscal officer for the city. In filling the position of

chief fiscal officer, council may appoint, but shall not be

limited to appointing, the director of the department of

accounts and finance, if one is appointed pursuant to Article XI

or the city administrator, if one is appointed pursuant to

Article XIII.

(b) Council shall require that the chief fiscal officer

furnish a bond subject to section 907.1.

administer oaths and affirmations in relation to any matter

touching the authentication of every account with or claim or

demand of or against the city, but shall not be entitled to

receive any fee therefor.

Section 1803. Deputy.--[The director of accounts and finance

may appoint a deputy, subject to the approval of council, which

shall fix the salary of such deputy.] Council may authorize the

chief fiscal officer to appoint, subject to the approval of

council, a deputy chief fiscal officer whose compensation shall

be fixed by council. The deputy shall have power to administer

oaths and affirmations in all matters relating to the affairs of

[said] the office and shall furnish a bond subject to section

907.1. If no deputy has been appointed, council may appoint a

temporary deputy chief fiscal officer to serve during the chief

fiscal officer's illness, absence or inability to serve. The

temporary deputy chief fiscal officer may be required to furnish

bond as required by council. [The director of accounts and

finance shall in all cases be responsible and liable for the

actions and conduct of the said deputy.]

Section 1804. Regulations Concerning Appropriation.--(a) No

debt shall be created by any department of the city[,] except in

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[pursuance of previous authority of law, ordinance, or

resolution] accordance with law.

(b) No money shall be paid out of the city treasury except

upon appropriation made according to law[,] and [on warrant]

pursuant to a document authorizing payment drawn by the proper

officer or officers in pursuance thereof.

purchased, no contracts made, and no order issued for the

payment of any moneys [in any amount which will cause the sums

appropriated to specific purposes to be exceeded], if doing so

would result in the total expenditure of money for a specific

purpose to exceed the amount appropriated for that purpose.

(d) In every case in which an appropriation shall be

[exhausted] entirely expended, and the object of [which] the

appropriation is not completed, the [director of accounts and

finance] chief fiscal officer shall [immediately] on or before

the next regularly scheduled council meeting report the fact to

the city council and accompany [such] the report with a

statement of the moneys which have been drawn on [such] the

appropriation[,] and the particular purpose for which they were

drawn.

(e) The council may at any time by ordinance make

supplemental appropriations for any lawful purpose from any

funds on hand or estimated to be received within the fiscal year

and not appropriated to any other purpose, including the

proceeds of any borrowing now or hereafter authorized by law.

(f) The council shall have the power to authorize the

transfer of any unexpended balance, of any appropriation item,

or any portion thereof, but [such action shall be taken only on

the recommendation of a director of one of the departments]

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council shall first seek comments from the director of the

department negatively affected by the proposed transfer pursuant

to this section.

[When a transfer of over five per cent of an appropriation

item is made within a department or when a transfer of over five

per cent of the total appropriation is made from one department

to another department, an affirmative vote of four members of

the council shall be required.]

(g) Consistent with this section, council shall determine

the manner and method of all intradepartmental and

interdepartmental financial transfers.

Section 91. Section 1804.1 of the act, amended July 10, 1980

(P.L.478, No.103) and December 13, 1982 (P.L.1149, No.263), is

amended to read:

Section 1804.1. Investment of City Funds.--(a) The council

shall have power to provide the following:

(1) [make] The investment of city sinking funds as

authorized by [the act of July 12, 1972 (P.L.781, No.185), known

as the "Local Government Unit Debt Act";] 53 Pa.C.S. Pt. VII

Subpt. B (relating to indebtedness and borrowing).

(2) [make] The investment of moneys in the general fund and

in special funds of the city other than the sinking funds as

authorized by this article[; and].

(3) [liquidate] The liquidation of any [such] investment, in

whole or in part, by disposing of securities or withdrawing

funds on deposit. Any action taken to make or to liquidate any

investment shall be made by the officers designated by action of

the council.

(b) The council shall invest city funds consistent with

sound business practice.

20110SB0874PN0890	- 175 -

subject to restrictions contained in this act and in any other

applicable statute and any rules and regulations adopted by the

council.

(d) Authorized types of investments for city funds shall be

any of the following:

(1) United States Treasury bills.

(2) Short-term obligations of the United States Government

or its agencies or instrumentalities.

(3) Deposits in savings accounts or time deposits, other

than certificates of deposit, or share accounts of institutions

insured by the Federal Deposit Insurance Corporation [or the

Federal Savings and Loan Insurance Corporation] or the National

Credit Union Share Insurance Fund [or the Pennsylvania Deposit

Insurance Corporation or the Pennsylvania Savings Association

Insurance Corporation] to the extent that such accounts are so

insured[,] and, for any amounts above the insured maximum,

provided that approved collateral as provided by law therefore

shall be pledged by the depository.

(4) Obligations of the United States of America or any of

its agencies or instrumentalities backed by the full faith and

credit of the United States of America, the Commonwealth of

Pennsylvania or any of its agencies or instrumentalities backed

by the full faith and credit of the Commonwealth, or of any

political subdivision of the Commonwealth of Pennsylvania or any

of its agencies or instrumentalities backed by the full faith

and credit of the political subdivision.

(5) Shares of an investment company registered under the

Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1

et seq.), whose shares are registered under the Securities Act

20110SB0874PN0890	- 176 -

of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), provided that

the only investments of that company are in the authorized

investments for city funds listed in clauses (1) through (4).

(6) Certificates of deposit purchased from institutions

insured by the Federal Deposit Insurance Corporation [or the

Federal Savings and Loan Insurance Corporation] or the National

Credit Union Share Insurance Fund [or the Pennsylvania Deposit

Insurance Corporation or the Pennsylvania Savings Association

Insurance Corporation] to the extent that such accounts are so

insured. However, for any amounts above the insured maximum,

such certificates of deposit shall be collateralized by a pledge

or assignment of assets of the institution, and such collateral

may include loans (including interest in pools of loans) secured

by first mortgage liens on real property. Certificates of

deposit purchased from commercial banks shall be limited to an

amount equal to twenty per centum of a bank's total capital and

surplus. Certificates of deposit purchased from savings and loan

associations or savings banks shall be limited to an amount

equal to twenty per centum of an institution's assets minus

liabilities.

(7) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating

to [fiduciaries] municipalities investments) shall be an

authorized investment for any pension or retirement fund.

(8) Repurchase agreements which are fully collateralized by

obligations of the United States Government or its agencies or

instrumentalities, which are free from other liens and backed by

the full faith and credit of the United States or are rated in

the highest category by a nationally recognized statistical

rating organization.

(9) Deposits in investment pools established by the State

20110SB0874PN0890	- 177 -

Treasurer or established by local governments pursuant to 53

Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

cooperation) and related statutes, provided that the investment

pools are rated in the highest category by a nationally

recognized statistical rating organization.

(e) In making investments of city funds, the council shall

have authority to do any of the following:

(1) [To permit] Permit assets pledged as collateral under

subsection (d)(3), to be pooled in accordance with the act of

August 6, 1971 (P.L.281, No.72), relating to pledges of assets

to secure deposits of public funds.

(2) [To combine] Combine moneys from more than one fund

under city control for the purchase of a single investment,

provided that each of the funds combined for the purpose shall

be accounted for separately in all respects and that the

earnings from the investment are separately and individually

computed and recorded, and credited to the accounts from which

the investment was purchased.

(3) [To join] Join with one or more other political

subdivisions and municipal authorities in accordance with [the

act of July 12, 1972 (P.L.762, No.180), referred to as the

Intergovernmental Cooperation Law] 53 Pa.C.S. Ch. 23, Subch. A

(relating to intergovernmental cooperation), in the purchase of

a single investment, provided that the requirements of clause

(2) on separate accounting of individual funds and separate

computation, recording and crediting of the earnings therefrom

are adhered to.

Section 92. Sections 1805, 1806, 1807 and 1808 of the act

are amended to read:

Section 1805. Countersigning [Warrants;] Documents; Money

20110SB0874PN0890	- 178 -

Available; Evidence Required.--(a) The [director of the

Department of Accounts and Finance] chief fiscal officer shall

countersign all [warrants upon the city treasury, the form

whereof shall be prescribed by council, and] documents, in the

form approved by council, authorizing payment from the city

treasury.

(b) In countersigning documents authorizing payment from the

city treasury, the chief fiscal officer shall not [suffer]

permit any appropriation made by the council to be overdrawn[.

No warrant shall be countersigned] and shall not countersign

unless there is money in the treasury to pay the same.

moneys] documents authorizing payment to volunteer fire

companies, whenever a [warrant on the treasurer] document

authorizing payment from the city treasury shall be presented to

the [director of accounts and finance] chief fiscal officer to

be countersigned, the person presenting the same shall be[, by

the said director,] required to produce evidence of each of the

following:

(1) [That the] The amount expressed in the [warrant]

document authorizing payment is due [to] the person in whose

favor it is drawn.

(2) [That the] The supplies, services or other consideration

for payment of which the [warrant] document authorizing payment

is drawn have been furnished, performed or given according to

law and the terms of the contract, if any.

Section 1806. Record of Assets, Property, Trusts, Debts Due,

Receipts and Expenditures.--The [director of accounts and

finance] chief fiscal officer or other official or employe of

the city designated by council shall have charge and keep a

20110SB0874PN0890	- 179 -

record of accounts, under appropriate titles, to show separately

and distinctly all of the assets and property whatsoever vested

in the city, and all trusts in care of the same, debts owing by

the city, and all of the receipts and expenditures of the

various departments.

Section 1807. Supervision of Accounts of Departments.--The

[director of accounts and finance] chief fiscal officer shall

have the supervision and control of the accounts of all of the

departments, and may require from them at any time a statement

in writing of all money or property of the city in their hands.

Section 1808. Suggestions [by Director] for Improvement of

City Finances.--The [director of accounts and finance] chief

fiscal officer may, from time to time, and shall, when the

council shall direct, suggest plans to the council for the

management and improvement of the city finances.

Section 93. Sections 1809 and 1810 of the act, amended June

22, 2000 (P.L.321, No.33), are amended to read:

Section 1809. Annual Budget; Presentation to Council;

Notice; Revision; Adoption.--[The director of accounts and

finance] (a) Each year, the chief fiscal officer shall, on

behalf of council, at the last stated meeting in November [in

each year] present to council for [first reading] introduction a

proposed budget ordinance for all funds showing the estimated

receipts, expenditures, and liabilities of every kind[,] for the

ensuing year, with the balance of unexpended appropriations[,]

and all other information of value as a basis for fixing the

levy and tax rate for the next fiscal year. Council shall[,]

upon [passing] introducing the [said] proposed budget ordinance

[on first reading,] fix a date for adoption thereof, which shall

be not later than the thirty-first day of December of [such]

20110SB0874PN0890	- 180 -

that year.

(b) The several departments of the city government shall,

before the proposed budget ordinance is [presented] introduced,

as [above] provided in subsection (a), furnish to the council an

estimate of the probable receipts and expenditures and an

estimate of the amount required by each of [said] the

departments for the public service during the ensuing fiscal

year as a basis for making the annual appropriations thereto.

council and has [passed first reading] been introduced, the city

clerk shall forthwith make the same available for public

inspection at his or her office in the city hall[,] and shall

thereupon publish a notice to that effect once in [at least one]

a newspaper. [in accordance with the provisions of section one

hundred nine of this act. Such] The notice shall state the date

fixed by council for [adoption] enactment of the proposed budget

ordinance, and [such] notice shall be published at least twenty

days prior to the time fixed by council for [adoption] enactment

of the proposed budget ordinance. The proposed budget ordinance

shall be available for public inspection at the city clerk's

office for at least ten days after the aforesaid newspaper

notice [thereof] is published.

(d) The council shall, after making such changes and

modifications therein as appear proper, [adopt] enact the budget

and any appropriation measures required to put it into effect

upon the date fixed for [adoption] enactment thereof[: Provided,

That said], provided, however, that the budget shall reflect as

nearly as possible the estimated revenues and expenditures of

the city for the year for which the budget is prepared. [That

should] Should it appear upon any revision of the budget that

20110SB0874PN0890	- 181 -

the estimated expenditures in the [adopted] enacted budget would

be increased more than ten per cent in the aggregate or more

than twenty-five per cent in any individual item over the

proposed budget, [such] the budget shall not be [adopted]

enacted with any [such] of the increases therein unless the same

be again made available for public inspection [and for protest

of such increases] for a period of at least ten days after

notice to that effect is published as hereinbefore provided.

Section 1810. Amending Budget; Notice.-- (a) During the

month of January [next following any municipal election]

following the expiration of a past fiscal year, in furthering

its fiduciary responsibility, the council of any city may amend

the budget and the levy and tax rate to conform [with] to its

amended budget ordinance. A period of ten days' public

inspection at the office of the city clerk of the proposed

amended budget ordinance, after notice by the city clerk to that

effect is published [once] in a newspaper, [as provided in

section one hundred nine of this act] shall intervene between

council's [first reading] introduction of the proposed amended

budget ordinance and the [adoption] enactment thereof. Any

amended budget ordinance must be [adopted] enacted by council on

or before the fifteenth day of February.

[No such] (b) After introduction, no proposed amended budget

ordinance shall [after first reading] be revised upward in

excess of ten [percent] per centum in the aggregate thereof or

as to an individual item in excess of twenty-five per [cent]

centum of the amount of such individual item in the proposed

amended budget ordinance.

Section 94. Section 1811 of the act is amended to read:

Section 1811. Appropriations; Tax Rate; Limitations.--(a)

20110SB0874PN0890	- 182 -

When all estimates for the receipts, liabilities, and

expenditures for the ensuing year shall be made, council shall

proceed to make the annual appropriations[,] and shall fix the

tax rate at such figure as will, in combination with all other

estimated receipts of the city, fully meet and cover the

aggregate amount of such estimates of liabilities and

expenditures for the ensuing year.

(b) No appropriation, however, shall be made for any purpose

until the interest accruing on the funded debt of the city and

the principal of [such] that part of [said] the debt as may be

coming due in that fiscal year, the salaries of officers, and

the ordinary and necessary expenses of the city shall first be

provided for, and no appropriation shall be made for any purpose

in excess of the estimated receipts and revenues for the fiscal

year for which such appropriations are made.

Section 95. Section 1811.2 of the act, amended October 5,

1967 (P.L.327, No.143) and repealed in part July 12, 1972

(P.L.781, No.185), is amended to read:

Section 1811.2. Borrowing in Anticipation of Current

Revenue.--[Cities] In accordance with 53 Pa.C.S. Pt. VII Subpt.

B (relating to indebtedness and borrowing), cities may borrow

money in anticipation of current revenues to an amount not

exceeding [such] the anticipated current revenues, which shall

be pledged for the payment of [such] the loan or loans, and may

issue notes or other [form] forms of obligation[, executed by

the director of the Department of Accounts and Finance and

attested by the mayor under the seal of the city, securing such

loans. Such notes or other form of obligation shall mature and

be payable during the current fiscal year in which such money is

borrowed. No such borrowing shall constitute an increase of

20110SB0874PN0890	- 183 -

indebtedness within the meaning of Article nine, section eight

of the Constitution of Pennsylvania, or of the "Municipal

Borrowing Law" of June twenty-fifth, one thousand nine hundred

forty-one (Pamphlet Laws 159), or of any of the provisions of

this act, and shall not require the approval of the Department

of Community Affairs. Such notes shall bear interest at a rate

not exceeding six (6) per centum per annum, payable at maturity

or in advance, and may be sold at either public or private sale

for not less than par. If such loans are not repaid in whole or

in part during the fiscal year in which they are made, they, or

such amounts as remain unpaid, shall become an obligation upon

the following year's budget and shall be included therein and

paid not later than the thirty-first day of December of such

following year. The incurring of such obligations shall receive

the affirmative vote of not less than two-thirds of the members

of the city council] in evidence of the debt.

Section 96. Sections 1812 and 1813 of the act, amended June

22, 2000 (P.L.321, No.33), are amended to read:

Section 1812. Annual Reports; Publication; Filing Report

with Department of Community and Economic Development;

Penalty.--(a) The [director of accounts and finance] chief

fiscal officer shall make a report, verified by oath or

affirmation, to the council at a stated meeting in April in each

year of the public accounts of the city and of the trusts in its

care for the preceding fiscal year, exhibiting all of the

expenditures thereof, respectively, and the sources from which

the revenue and funds are derived and in what measures the same

have been disbursed. Each account shall be accompanied by a

statement in detail of the several appropriations made by

council, the amount drawn and encumbered on each appropriation,

20110SB0874PN0890	- 184 -

and the unencumbered balance outstanding to the debit or credit

of such appropriation at the close of the fiscal year.

(b) [Such] The report, accompanied by a concise financial

statement setting forth the balance in the treasury at the

beginning of the fiscal year, all revenues received during the

fiscal year, by major classifications, all expenditures made

during the fiscal year, by major functions, and the current

resources and liabilities of the city at the end of the fiscal

year, the gross liability and the net debt of the city, the

amount of the assessed valuation of the taxable property in the

city, the assets of the city and the character and value

thereof, the date of the last maturity of the respective forms

of funded debt, and the assets in each sinking fund, shall be

published [once in not more than two newspapers printed or

circulated in such city, as required by section one hundred and

nine of this act] in a newspaper. Before [such] the report or

statement is made or published, [the same] it shall be approved

by the [controller] independent auditor, who may approve it

subject to such exceptions as he or she may have thereto[:

Provided, Council]; provided, however, that council may cause

[such] the statement to be printed in pamphlet form in addition

to the publications made as aforesaid.

officer shall also, annually, make report of the financial

condition of the city in the form above provided to the

Department of Community and Economic Development, within ninety

days after the close of the fiscal year, signed and duly

verified by the oath of the [director] chief fiscal officer and

approved by the [city controller] independent auditor, as above

provided. Any [director of accounts and finance] chief fiscal

20110SB0874PN0890	- 185 -

officer appointed by the city refusing or [wilfully] willfully

neglecting to file such report shall, upon conviction thereof[,]

in a summary proceeding brought [at the instance of] by the

Department of Community and Economic Development, be sentenced

to pay a fine of five dollars for each day's delay beyond said

ninety days, and costs. All fines recovered shall be for the use

of the Commonwealth.

(d) The report to the Department of Community and Economic

Development shall be presented in a form as provided for in

section [one thousand eight hundred and thirteen of this act]

1813.

Section 1813. Committee to Prepare Uniform Forms.--(a) The

uniform financial report forms, specified in the foregoing

sections of this act, shall be prepared by a committee

consisting of four representatives of the Pennsylvania League of

Cities and Municipalities and the Secretary of Community and

Economic Development, or his or her agent or designee who shall

be a person trained in the field of municipal finance.

[Such] (b) The representatives shall be appointed by the

president of [said] the organization within sixty days after the

effective date of this act. Such representatives shall be chosen

from among finance officers of third class cities or other

officers of such cities who have knowledge of their fiscal

procedures[. As], and as far as possible, they shall be chosen

to represent cities in the various population groups within the

range of cities of the third class. The president of the

Pennsylvania League of Cities and Municipalities and other

designated participants shall supply to the Secretary of

Community and Economic Development the names and addresses of

[such] the representatives immediately upon their appointment.

20110SB0874PN0890	- 186 -

[Said]

but they shall be reimbursed by the Commonwealth for all

necessary expenses incurred in attending meetings of the

committee. The committee shall meet at the call of the Secretary

of Community and Economic Development, or his or her agent or

designee, who shall serve as [chairman] chairperson of the

committee.

(d) It shall be the duty of the Secretary of Community and

Economic Development, or his or her agent or designee, to see to

it that the forms required by this act are prepared in

cooperation with [said] the committee. In the event that [said]

the committee should for any reason fail to furnish such

cooperation, the Secretary of Community and Economic

Development, or his or her agent or designee, shall complete the

preparation of the forms. After their preparation, he or she

shall issue [said] the forms and distribute them annually, as

needed, to the designated officers of each city of the third

class.

(e) No change or alteration in the forms prescribed shall be

made by the Secretary of Community and Economic Development or

his or her agent designee, except by a majority approval of the

committee, unless upon reasonable notice two or more

representatives thereof fail to attend the committee meetings.

In voting upon any change or alteration, each representative and

the [chairman] chairperson of the committee shall have one vote.

Section 97. Section 1814 of the act is amended to read:

Section 1814. Annual Reports to Council on Insurance and

Bonds.--The [director of accounts and finance] chief fiscal

officer shall prepare or cause to be prepared and submit to

20110SB0874PN0890	- 187 -

council [at the first stated meeting in October of each year],

as council shall direct, a complete and itemized report of all

policies of insurance contracted for by the city[,] for the

information and consideration of council. The [director of

accounts and finance] chief fiscal officer shall make a like

report [at the same time each year], as council shall direct, of

all bonds given for the protection of the city in whole or in

part.

Section 98. Article XIX heading of the act is reenacted to

read:

ARTICLE XIX

CONTRACTS

Section 99. Section 1901 of the act, amended or added

September 17, 1959 (P.L.906, No.359), October 4, 1978 (P.L.1045,

No.239), July 1, 1981 (P.L.196, No.59), March 25, 1988 (P.L.289,

No.32), April 3, 1992 (P.L.53, No.17) and July 11, 1996

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

Section 1901. [Power to Make Contracts; Regulations

Concerning Contracts.--(a) Each city may make contracts for

carrying into execution the provisions of this act and the laws

of the Commonwealth. The council shall, by ordinance, provide

for and regulate the award of all contracts. All contracts or

purchases not in excess of ten thousand dollars shall be by note

or memorandum in writing, signed by the officer or employe

making the purchase or contract.

(b) All services and personal properties required by any

city, or any department thereof, where the amount exceeds the

sum of ten thousand dollars, shall be furnished and performed

under written contract, and the contract shall be awarded and

given to the lowest responsible bidder, after advertising two

20110SB0874PN0890	- 188 -

times, each publication on a different day, in not more than two

newspapers, in accord with the provisions of section one hundred

and nine of this act, and the bids shall not be opened until at

least ten days have elapsed after the first advertisement. A

notice of the advertisement for contracts or purchases shall

also be posted at the city hall.

of straight sale price, conditional sale, bailment lease, or

otherwise, be the entire amount which the city pays to the

successful bidder or his assigns in order to obtain the services

or property or both, and shall not be construed to mean only the

amount which is paid to acquire title or to receive any other

particular benefit or benefits of the whole bargain.

(d) The contracts or purchases made by council involving an

expenditure of over ten thousand dollars, which shall not

require advertising or bidding, as hereinbefore provided are as

follows:

(1) Those for maintenance, repairs or replacements for

water, electric light or other public works of the city,

provided they do not constitute new additions, extensions or

enlargements of existing facilities and equipment, but a bond

may be required by council as in other cases of work done.

(2) Those made for improvements, repairs and maintenance of

any kind made or provided by any city through its own employes:

Provided, however, That this shall not apply to construction

materials used in a street improvement.

(3) Those where particular types, models or pieces of new

equipment, articles, apparatus, appliances, vehicles, or parts

thereof, are desired by council, which are patented and

manufactured or copyrighted products.

20110SB0874PN0890	- 189 -

(4) Those involving any policies of insurance or surety

company bonds; those made for public utility service under

tariffs on file with the Pennsylvania Public Utility Commission;

those made with another political subdivision or a county, the

Commonwealth of Pennsylvania, the Federal government, any agency

of the Commonwealth or the Federal government, or any municipal

authority, including the sale, leasing or loan of any supplies

or materials by the Commonwealth or the Federal government, or

their agencies, but the price thereof shall not be in excess of

that fixed by the Commonwealth, the Federal government, or their

agencies.

(5) Those involving personal or professional services.

(6) Those made during a state of emergency declared by the

mayor or chief executive in accord with section one thousand two

hundred and three of this act.

(e) The acceptance of bids by advertising required herein

shall be made by public announcement at the meeting at which

bids are received by council or at a subsequent meeting, the

time and place of which shall be publicly announced when bids

are so received. If, for any reason, the award is not made at

either of the above meetings, the same business may be

transacted at a subsequent meeting, the time and place of which

shall be announced at the previous meeting held for such award.

At such third meeting, the council shall either award the

contract or shall reject all bids.

(f) Council may require that any bids so advertised be

accompanied by cash, by a certified or cashier's good faith

check or other irrevocable letter of credit in a reasonable

amount, or by a bond with corporate surety in a reasonable

amount. Whenever it is required that a bid be accompanied by

20110SB0874PN0890	- 190 -

cash, certified check, cashier's good faith check or other

irrevocable letter of credit, no bid shall be considered unless

so accompanied. In the event any bidder shall, upon award of the

contract to him, fail to comply with the requirements

hereinafter stated as to a bond guaranteeing the performance of

the contract the good faith deposit by cash, certified check, or

bond, shall be forfeited to the city as liquidated damages.

(g) Where advertising is required herein, the successful

bidder shall be required to furnish a bond or irrevocable letter

of credit in an amount sufficient to council with suitable

reasonable requirements guaranteeing the performance of the

contract within twenty days after the contract has been awarded,

unless council prescribes a shorter period of not less than ten

days, and failure to furnish such security within such time

shall void the award. The provisions of this subsection

requiring successful bidders to furnish security shall not be

mandatory as to contracts for the purchase of motor vehicles or

other pieces of equipment but only as to those contracts which

involve furnishing of labor and materials. Council may in all

cases of contracts or purchases require security for

performance, delivery, or other terms.

(h) Where the roadway of a street is to be paved originally

and for the first time, or reconstructed by putting down a new

base, or a sewer is to be constructed, or grading done, such

work shall be done under written contract, after advertising as

provided in section one hundred and nine of this act, and such

contract shall be given to the lowest responsible bidder.

(i) The council may, by ordinance, provide for and regulate

the purchase of supplies and materials and the sale of personal

property.

20110SB0874PN0890	- 191 -

(j) The council may also, by ordinance, provide a contingent

fund or funds for necessary repairs and incidental expenses, not

otherwise provided in the general appropriations, and such funds

may be expended without advertising for bids.

(k) Every contract for the construction, reconstruction,

alteration, repair, improvement or maintenance of public works

shall comply with the provisions of the act of March 3, 1978,

(P.L.6, No.3), known as the "Steel Products Procurement Act."

(l) No person, consultant, firm or corporation contracting

with a city for purposes of rendering personal or professional

services to the city shall share with any city officer or

employe, and no city officer or employe shall accept, any

portion of the compensation or fees paid by the city for the

contracted services provided to the city except under the

following terms or conditions:

(1) Full disclosure of all relevant information regarding

the sharing of the compensation or fees shall be made to the

council of the city.

(2) The council of the city must approve the sharing of any

fee or compensation for personal or professional services prior

to the performance of said services.

(3) No fee or compensation for personal or professional

services may be shared except for work actually performed.

(4) No shared fee or compensation for personal or

professional services may be paid at a rate in excess of that

commensurate for similar personal or professional services.]

Power to Make and Regulate the Awarding of Contracts.--Each city

may make contracts for carrying into execution the provisions of

this act and the laws of this Commonwealth. In addition to and

consistent with the requirements of this article, council shall,

20110SB0874PN0890	- 192 -

by ordinance, provide for and regulate the procedures for the

award of all contracts, including the purchase of supplies and

materials.

Section 100. The act is amended by adding sections to read:

Section 1901.1. Contracts or Purchases in Excess of Twenty-

five Thousand Dollars.--(a) Except as provided in section

1901.4(b), all contracts or purchases in excess of twenty-five

thousand dollars shall be subject to advertising and competitive

bidding as provided in this article.

(b) All services and personal properties required by any

city, or any department thereof, where the amount exceeds the

sum of twenty-five thousand dollars shall be furnished and

performed under written contract, and the contract shall be

awarded and given to the lowest responsible bidder after

advertising, in a newspaper, in accordance with the provisions

of section 109, and the bids shall not be opened until at least

ten days have elapsed after the advertisement. A copy of the

advertisement for contracts or purchases shall be posted in the

city office designated by council.

Section 1901.2. Contracts or Purchases Not in Excess of

Twenty-five Thousand Dollars.--With regard to all contracts or

purchases not in excess of twenty-five thousand dollars the

following shall apply:

(1) The purchases or contracts shall be evidenced by note or

memorandum in writing, signed by the officer or employe making

the purchase or contract.

(2) Council, or the officer designated by council, shall

approve all purchases or contracts, except council need not

approve those purchases or contracts within the category of

small or routine purchases or incidental expenses, as defined by

20110SB0874PN0890	- 193 -

ordinance.

Section 1901.3. Determining Amount of a Contract.--The

amount of the contract shall in all cases, whether of straight

sale price, conditional sale, bailment lease or otherwise, be

the entire amount which the city pays to the successful bidder

or his or her or its assigns in order to obtain the services or

property, or both, and shall not be construed to mean only the

amount which is paid to acquire title or to receive any other

particular benefit or benefits of the whole bargain.

Section 1901.4. Contracts or Purchases Not Requiring

Advertising or Bidding.--(a) City contracts or purchases, if

not in excess of twenty-five thousand dollars, shall not require

advertising or bidding.

(b) City contracts or purchases involving an expenditure of

over twenty-five thousand dollars which shall not require

advertising or bidding are as follows:

(1) Those for maintenance, repairs or replacements for

water, electric light or other public works of the city,

provided they do not constitute new additions, extensions or

enlargements of existing facilities and equipment, but security

may be required by council as in other cases of work done.

(2) Those made for improvements, repairs and maintenance of

any kind made or provided by any city through its own employes,

except that this exception shall not apply to construction

materials used in a street improvement.

(3) Those where particular types, models or pieces of new

equipment, articles, apparatus, appliances, vehicles or parts

thereof desired by council are patented or copyrighted products.

(4) Those involving any policies of insurance or surety

company bonds.

20110SB0874PN0890	- 194 -

(5) Those made for public utility service and electricity,

natural gas or telecommunication services, provided that, in the

case of utilities not under tariff with the Pennsylvania Public

Utility Commission, contracts made without advertising and

bidding shall be made only after receiving written or telephonic

price quotations from at least three qualified and responsible

providers. In lieu of price quotations, a memorandum shall be

kept on file showing that fewer than three qualified providers

exist in the market area within which it is practicable to

obtain quotations. A written record of telephonic price

quotations shall be made and shall contain at least the date of

the quotation, the name of the provider and the provider's

representative, the type of service that was the subject of the

quotation and the price. Written price quotations, written

records of telephonic price quotations and memoranda shall be

retained for a period of three years.

(6) Those made with another political subdivision or a

county, the Commonwealth of Pennsylvania, the Federal

Government, any agency of the Commonwealth or the Federal

Government or any municipal authority, including the sale,

leasing or loan of any supplies or materials by the Commonwealth

or the Federal Government, or their agencies, but the price

thereof shall not be in excess of that fixed by the

Commonwealth, the Federal Government or their agencies.

(7) Those involving personal or professional services.

(8) Those made during a state of emergency declared by the

mayor in accordance with section 1203 or those made during a

disaster emergency declared by the Governor or during a local

emergency in accordance with 35 Pa.C.S. Pt. V (relating to

emergency management services).

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(9) Those where the purchase is made under and in accordance

with a cooperative purchasing program operated by the

Commonwealth or any council of governments of which the city is

a member.

Section 1901.5. Receipt, Opening, Award or Rejection of

Bids.--(a) In any case in which advertisement and bidding are

required, the advertisement shall specify the time by which and

place at which bids will be received and the time and place for

the opening or disclosure of bids.

(b) Bids received pursuant to advertisement shall be opened

or disclosed publicly by council or its designated agent. The

amount of each bid and any other relevant information as may be

specified by council, together with the name of each bidder,

shall be disclosed and recorded; and the record shall be open to

public inspection.

after the receipt of bids, council shall either award the

contract or shall reject all bids.

Section 1901.6. Bid, Performance and Payment Security.--(a)

The following shall apply to bid security:

(1) Council may require that bids received pursuant to

advertisement be accompanied by bid security, in a reasonable

amount, which shall be in the form of a certified or bank check

or a bond provided by a surety company authorized to do business

in this Commonwealth or another form of security as specified in

the advertisement for bids.

(2) In the event the successful bidder shall, upon award of

the contract, fail to comply with the requirements of subsection

(b) as to performance security, the bid security shall be

forfeited to the city as liquidated damages.

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(b) The following shall apply to performance security:

(1) In the case of a contract that had been subject to

advertising and bidding, the successful bidder shall be required

to furnish performance security in the form of a bond or

irrevocable letter of credit in an amount equal to one hundred

per centum of the contract price with suitable reasonable

requirements guaranteeing the performance of the contract.

Performance security shall be provided within twenty days after

the contract has been awarded, unless council prescribes a

shorter period of not less than ten days. Failure to furnish

such security within the required time period shall void the

award.

(2) The provisions of this subsection requiring successful

bidders to furnish security shall not be mandatory as to

contracts for the purchase of motor vehicles or other pieces of

equipment but only as to those contracts which involve

furnishing of labor and materials. Council may in all cases of

contracts or purchases require security for performance,

delivery or other terms.

(P.L.869, No.385), known as the "Public Works Contractors' Bond

Law of 1967," it shall be the duty of every city to require any

person, partnership, association or corporation entering into a

contract with such city for the construction, erection,

installation, completion, alteration, repair of or addition to

any public work or improvement of any kind whatsoever, where the

amount of the contract is in excess of ten thousand dollars,

before commencing work under the contract, to provide payment

security in a form acceptable to and approved by the city, which

may include, but need not be limited to, a bond, Federal or

20110SB0874PN0890	- 197 -

Commonwealth-chartered lending institution irrevocable letters

of credit and restrictive or escrow accounts in the lending

institutions, equal to one hundred per centum of the contract

amount. The payment security shall be solely for the protection

of claimants supplying labor or materials to the prime

contractor to whom the contract was awarded, or to any of the

prime contractor's subcontractors, in the prosecution of the

work provided for in the contract. The payment security shall be

conditioned for the prompt payment of all material furnished or

labor supplied or performed in the prosecution of the work under

the contract.

Section 1901.7. Compliance With Other Laws.--Every contract

subject to this article shall comply, as applicable, with the

provisions of the act of August 15, 1961 (P.L.987, No.442),

known as the "Pennsylvania Prevailing Wage Act," the act of

December 20, 1967 (P.L.869, No.385), known as the "Public Works

Contractors' Bond Law of 1967," the act of January 23, 1974

(P.L.9, No.4), referred to as the Public Contract Bid Withdrawal

Law, the act of March 3, 1978 (P.L.6, No.3), known as the "Steel

Products Procurement Act," the act of February 17, 1994 (P.L.73,

No.7), known as the "Contractor and Subcontractor Payment Act,"

62 Pa.C.S. Chs. 37 Subch. B (relating to motor vehicles), 39

(relating to contracts for public works) and 45 (relating to

antibid-rigging).

Section 1901.8. Prohibitions.--No person, consultant, firm

or corporation contracting with a city for purposes of rendering

personal or professional services to the city shall share with

any city officer or employe, and no city officer or employe

shall accept, any portion of the compensation or fees paid by

the city for the contracted services provided to the city.

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Section 1901.9. Lowest Responsible Bidder.--For purposes of

this article, the lowest responsible bidder need not be the

bidder submitting the lowest dollar amount bid. The city may

also consider the quality of goods or services supplied, ease of

repair, compatibility with other city equipment or services,

responsiveness, past performance of the bidder and any other

reasonable factors specified in the advertisement for bids.

Section 101. Section 1902 of the act, amended March 25, 1988

(P.L.289, No.32), is amended to read:

Section 1902. Evasion of Advertising Requirements.--No

[member or members of council] elected or appointed official or

officials of any city shall evade the provisions of [the

preceding section as to] this article requiring advertising for

bids by purchasing or contracting for services and personal

properties piecemeal for the purpose of obtaining prices under

[ten] twenty-five thousand dollars, upon transactions which

should, in the exercise of reasonable discretion and prudence,

be conducted as one transaction amounting to more than [ten]

twenty-five thousand dollars. This provision is intended to make

unlawful the practice of evading advertising requirements by

making a series of purchases or contracts, each for less than

the advertising requirement price, or by making several

simultaneous purchases or contracts, each below said price,

when, in either case, the transactions involved should have been

made as one transaction for one price. Any [members of council

who so vote] elected or appointed official who acts in violation

of this provision [and who know], knowing that the transaction

upon which [they so vote] he or she acts is or ought to be a

part of a larger transaction and that it is being divided in

order to evade the requirements as to advertising for bids,

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shall be jointly and severally subject to surcharge for ten per

centum of the full amount of the contract or purchase. Wherever

it shall appear that [a member of council may have voted] an

elected or appointed official may have acted in violation of

this section but the purchase or contract on which he [so voted

was not approved by council] or she acted was not executed, this

section shall be inapplicable.

Sections 102. Sections 1904 and 1905 of the act are

repealed:

[Section 1904. Reference of Expenditures for Approval by

Council.--Any expenditures or transactions, exclusive of

compensation paid to city employes, in any department, office or

bureau of the city, which may reasonably seem likely to exceed

the sum of five hundred dollars over a period of sixty days,

shall not be undertaken or proceeded upon except after reference

thereof to council and approval by council by ordinance or

resolution. Council may approve, revise, or refuse to approve

any such referred expenditure or transaction. No official, agent

or employe of the city shall knowingly violate the provisions of

this section, and any person so violating shall forfeit and pay

to the use of the city a penalty of one hundred dollars for each

offense.

Section 1905. Personal Interest in Contracts.--In any case

where a city officer or official elected or appointed knows or

by the exercise of reasonable diligence could know that he is

interested to any appreciable degree, either directly or

indirectly, in any contract for the sale or furnishing of any

personal property for the use of the city, or for any services

to be rendered for such city, involving the expenditure by the

city of more than three hundred dollars in any year, he shall

20110SB0874PN0890	- 200 -

notify council thereof; and any such contract shall not be

passed and approved by council except by an affirmative vote of

at least four members thereof. In case the interested officer is

a member of council, he shall refrain from voting upon said

contract. The provisions of this section shall not apply to

cases where such officer or official is an employe of the

person, firm or corporation to which money is to be paid in a

capacity with no possible influence on the transaction and in

which he cannot possibly be benefited thereby, either

financially or in any other material manner. Any officer or

official who shall knowingly violate the provisions of this

section shall be liable to the city upon his bond, if any, or

personally, to the extent of the damage shown to be sustained

thereby by the city, to ouster from office, and shall be guilty

of a misdemeanor; and upon conviction thereof, shall be

sentenced to pay a fine not exceeding five hundred dollars, or

imprisonment not exceeding one year, or both.]

Section 103. Section 1906 of the act, amended August 21,

1953 (P.L.1292, No.364), is amended to read:

Section 1906. Designation of Appropriations; Certification

in Excess of Appropriation; Contracts for Governmental Services

for More than One Year.--[Every contract involving an

appropriation of money shall designate the item of appropriation

on which it is founded, and the estimated amount of the

expenditure thereunder shall be charged against such item, and

so certified by the director of accounts and finance on the

contract before it shall take effect as a contract. The payments

required by such contract shall be made from the fund

appropriated therefor. In any case where the lowest responsible

bid is in excess of the item of appropriation on which the

20110SB0874PN0890	- 201 -

contract is to be founded, the item of appropriation may be

increased by council in the amount necessary to cover the bid,

and the contract may be awarded and certified without any

additional advertising. If the director of accounts and finance

shall certify any contract in excess of the appropriation made

therefor, the city shall not be liable for such excess, but the

director of accounts and finance shall be liable for the same,

which may be recovered in an action at law by the contracting

party aggrieved. But nothing] With regard to any contract,

council may direct the city administrator, chief fiscal officer,

or other designated official or employe to furnish information

concerning the availability of appropriated funds to satisfy

required payments under the contract. Nothing herein contained

shall prevent the making of contracts for governmental services

for a period exceeding one year, but any contract so made shall

be executory only for the amounts agreed to be paid for such

services to be rendered in succeeding fiscal years.

[It shall be the duty of the director of accounts and finance

to certify contracts for the payment of which sufficient

appropriations have been made.]

Section 104. Section 1907 of the act, amended April 3, 1992

(P.L.53, No.17), is repealed:

[Section 1907. Security for the Protection of Labor and

Materialmen.--It shall be the duty of every city to require any

person, copartnership, association, or corporation, entering

into a contract with such city for the construction, erection,

installation, completion, alteration, repair of, or addition to,

any public work or improvement of any kind whatsoever, where the

amount of such contract is in excess of one thousand five

hundred dollars, before commencing work under such contract, to

20110SB0874PN0890	- 202 -

execute and deliver to such city, in addition to any other

security which may now or hereafter be required by law to be

given in connection with such contract, an additional bond or

irrevocable letter of credit for the use of any and every

person, copartnership, association, or corporation interested,

in a sum not less than fifty per centum and not more than one

hundred per centum of the contract price, as such city may

prescribe, conditioned for the prompt payment of all material

furnished and labor supplied or performed in the prosecution of

the work, whether or not the said material or labor enter into

and become component parts of the work or improvement

contemplated. Such additional security shall be deposited with

and held by the city for the use of any party interested

therein. Every such additional security shall provide that every

person, copartnership, association, or corporation who, whether

as subcontractor or otherwise, has furnished material or

supplied or performed labor in the prosecution of the work as

above provided, and who has not been paid therefor, may sue in

assumpsit on said additional security, in the name of the city,

for his, their, or its use and prosecute the same to final

judgment for such sum or sums as may be justly due him, them, or

it, and have execution thereof: Provided, however, That the city

shall not be liable for the payment of any costs or expense of

any suit. The surety or sureties on a bond under this section

must be authorized to do business in this Commonwealth.]

Section 105. Section 1908 of the act is repealed:

[Section 1908. Purchasing Department.--Each city may, by

ordinance, provide for the establishment of a purchasing

department, which shall have supervision over the purchase and

distribution of all supplies purchased. The said department

20110SB0874PN0890	- 203 -

shall be attached to the department of accounts and finance or

such other department as council may determine, and shall be

operated in accordance with rules and regulations to be adopted

by council, the rules to include the manner in which quotations

shall be secured on the supplies purchased. The said department

shall assist council at all times in eliminating waste and

extravagance in the purchase and distribution of the supplies of

the city.]

Section 106. Section 1908.1 of the act, added December 10,

1974 (P.L.815, No.270), is amended to read:

Section 1908.1. Purchase Contracts for Petroleum Products;

Fire Company, Etc., Participation.--The council of each city

shall have power to permit, subject to [such] any terms and

conditions as [it] the city may impose, [and as hereinafter

specifically provided, shall, prescribe] any fire company,

rescue company and ambulance company in the city to participate

in purchase contracts for petroleum products entered into by the

city. [Any such company desiring to participate in such purchase

contracts shall file] Fire company, rescue company and ambulance

company participation in purchase contracts for petroleum

products shall be subject to the condition that all prices shall

be F.O.B. destination. If permitted by council, a fire company,

rescue company or ambulance company may participate in

designated petroleum product contracts entered into by the city,

subject to the fire company, rescue company or ambulance

company:

(1) Having filed with the city clerk a request that it be

authorized to participate in contracts for the purchase of

petroleum products of the city [and agreeing].

(2) Having agreed that it will be bound by [such] any terms

20110SB0874PN0890	- 204 -

and conditions [as] imposed by the city [may, and as hereinafter

specifically provided, shall, prescribe and].

(3) Having agreed that it will be responsible for payment

directly to the vendor under each purchase contract. [Among such

terms and conditions, the city shall prescribe that all prices

shall be F.O.B. destination.]

Section 107. Section 1909 of the act, amended March 25, 1988

(P.L.289, No.32), is amended to read:

Section 1909. Separate Bids for Plumbing, Heating,

Ventilating and Electrical Work, Elevators and [Moving Stairs]

Escalators.--In the preparation of specifications for the

erection, construction, and alteration of any public building,

when the entire cost of such work shall exceed [ten] twenty-five

thousand dollars, the architect, engineer, or other person

preparing such specifications[,] shall prepare only the

following separate specifications[;]: (1) plumbing, (2) heating,

(3) ventilating, (4) electrical work, (5) elevators and [moving

stairs] escalators, and (6) one complete set of specifications

for all the other work to be done in such erection, construction

and alteration. The project manager, construction manager or

other person or persons authorized by council to enter into

contracts for the erection, construction, or alteration of such

public buildings shall receive separate bids upon each of the

[said] branches of work, and the city council or the appropriate

city officer shall award the contract for the same to the lowest

responsible bidder for each of [said] the branches, including

the balance of the work, in addition to the plumbing, heating,

ventilating and electrical work and elevators and [moving

stairs] escalators. Where it is desired to install an air

conditioning unit, the heating and ventilating so involved may

20110SB0874PN0890	- 205 -

be regarded as one branch of work having only one set of

specifications, and bids may be received and a contract awarded

thereon as hereinbefore provided.

Section 108. Sections 1910, 1911 and 1912 of the act are

amended to read:

Section 1910. Acceptance by Contractor of [Workmen's]

Workers' Compensation Act.--[All contracts executed by any city,

or any officer or bureau or board thereof, which involve the

construction or doing of any work involving the employment of

labor, shall contain a provision that the contractor shall

accept, in so far as the work covered by any such contract is

concerned, the provisions of the Workmen's Compensation Act and

any reenactments, supplements or amendments thereto, and that

the said contractor will insure his liability thereunder, or

file with the city with whom the contract is made a certificate

of exemption from insurance from the Department of Labor and

Industry of this Commonwealth.

Every officer of any city, or bureau or department thereof,

who shall sign, on behalf of the said city, any contract

requiring in its performance the employment of labor, shall

require, before the said contract shall be signed, proof that

the said contractor with whom the contract is made shall have

accepted the Workmen's Compensation Act and any reenactments,

supplements or amendments thereto, and proof that the said

contractor has insured his liability thereunder in accordance

with the terms of the said act, or that the said contractor has

had issued to him a certificate of exemption from insurance from

the Department of Labor and Industry of this Commonwealth.

Any contract executed in violation of the provisions of this

section shall be null and void.]

20110SB0874PN0890	- 206 -

(a) All contracts executed by any city which involve the

construction or performance of any work involving the employment

of labor shall contain a provision that the contractor shall

accept, and file with the city proof of compliance with or

exemption from, insofar as the work covered by the contract is

concerned, the act of June 2, 1915 (P.L.736, No.338), known as

the "Workers' Compensation Act."

(b) A certificate of exemption from issuance may be issued

on the basis of either individual self-insurance or group self-

insurance.

Department of Labor and Industry, with respect to certain

employes, has accepted the application to be excepted from the

provisions of the "Workers' Compensation Act" on religious

grounds.

(d) Any contract executed in violation of this section is

void.

Section 1911. Contracts for Improvements; Assignment of

Assessments.--Where the whole or any part of the cost of an

improvement is to be paid by assessments upon the property

abutting or benefited, the city may enter into an agreement with

the contractor [that he], pursuant to which the contractor shall

take an assignment of [such] the assessments in payment of the

amount due [him] under the terms of [his] the contract, and, in

such case, the city shall not be otherwise liable under such

contract[, whether said assessments are collectible or not].

Section 1912. Architects and Engineers in Employ of City;

Prohibitions from Bidding on Public Works; Penalty.--(a) It

shall be unlawful for any architect or engineer[,] in the employ

of any city[,] to bid on any public work of the city.

20110SB0874PN0890	- 207 -

(b) It shall be unlawful for the officers of any city,

charged with the duty of letting any public work, to award a

contract to any [such] architect or engineer[,] in the employ of

the city.

of them, shall be guilty of a misdemeanor[,] and, on conviction

thereof, shall [forfeit his] be subject to forfeiting his or her

office, in accordance with section 901, and be sentenced to pay

a fine not exceeding five hundred dollars, or to undergo

imprisonment for not less than six months, or both, in the

discretion of the court. Any contract made in violation of the

provisions of this section shall be null and void.

(d) The provisions of this section shall be in addition to

any prohibition in 65 Pa.C.S. Ch. 11 (relating to ethics

standards and financial disclosure).

Section 109. Sections 1913, 1914 and 1915 of the act are

repealed:

[Section 1913. Contracts With Transportation Companies.--

Subject to the provisions of the Public Utility Law, any city,

of the one part, and any person operating a public

transportation service within the limits of such city, of the

other part, may enter into contracts with each other affecting,

fixing, and regulating the franchises, powers, duties, and

liabilities of such companies, and the regulations and

respective rights of the contracting parties. Such contracts

may, inter alia, provide for payments by the companies to the

city in lieu of the performance of certain duties or the payment

of license fees or charges imposed in favor of such city, by the

charters of the respective companies, or by any general law or

ordinance, for the appointment by the city of a certain number

20110SB0874PN0890	- 208 -

of persons to act as directors of such company, in conjunction

with the directors elected by the stockholders of such company,

and, further, may provide for the ultimate acquisition by the

city, upon terms mutually satisfactory, of the leaseholds,

property, and franchises of the contracting companies.

Section 1914. Contracts for Relocation of Railroads.--

Subject to the provisions of the Public Utility Law, any city

may enter into contracts with any of the railroad companies,

whose roads enter its limits, whereby the said railroad

companies may relocate, change or elevate their railroads within

said limits, in such manner as, in the judgment of the proper

authorities of such city, may be best adapted to secure the

safety of lives and property, and promote the interest of said

city; and, for that purpose, may do all such acts as may be

necessary and proper to effectually carry out such contracts.

Any such contracts, made by any railroad company or companies as

aforesaid with any city, are hereby fully ratified and

confirmed. Nothing herein contained shall affect any contract

made, or hereafter to be made, with any railroad company, from

apportioning the expenses of altering and adjusting the grades

of existing railroads and intersecting streets in any city so as

to dispense with grade crossings.

Section 1915. Contracts with Street Railways for Exclusive

Right to Lay Tracks.--In case any city shall deem it necessary

for the public benefit and convenience to secure the removal of

any street railway tracks already laid, or prevent the laying of

such tracks already authorized to be laid, or to change the

route of any street railway on any street or streets, or portion

of a street or streets, within its corporate limits, and such

purpose or purposes can be accomplished by agreement with the

20110SB0874PN0890	- 209 -

street railway company or motor power company owning, leasing or

operating such tracks, the said parties may, subject to the

provisions of the Public Utility Law, enter into a contract, for

a period not exceeding fifty years, for such considerations and

upon such terms and conditions, and containing such

stipulations, reservations and covenants as may be agreed upon

between the respective parties thereto; and such contract may

include a covenant providing that, during the continuance

thereof, municipal consent shall not be granted to any other

company to use or occupy the street, streets, or portions of a

street or streets, covered by such contract, for street railway

or passenger transportation purposes; which covenants shall be

enforceable by bill in equity against such city, in case of

attempted breach thereof; and such contract may also provide for

the laying or relaying of such tracks upon such terms and under

such contingencies and conditions as may be agreed upon. When

such contract shall have been made, it shall form a part of the

charter of the company, with like force and effect as to all its

terms, conditions, stipulations, restrictions, covenants, and

provisions as to change of routes as if the same formed a part

of the original charter of such company; and no removal of

tracks already laid, or postponement of or delay in the time of

beginning or completing the work of laying tracks already

authorized to be laid, and no change of route therein provided

for, shall operate or be construed to deprive or divest any such

company, entering into such contract, of any of the rights,

franchises, or privileges possessed by it at the time of

entering into such contract, so as to operate in favor of any

company subsequently formed and seeking to occupy, for street

railway purposes, the street, streets, or portions of a street

20110SB0874PN0890	- 210 -

or streets, covered by such contract. Nothing in this section

contained, nor any contract made in pursuance thereof, shall be

construed to limit or affect in any way, or impose any

additional liability for the exercise of, the right of a

railroad company to lay its tracks, over, upon, under, and

across such street or streets, or portions thereof.]

Section 110. The act is amended by adding a section to read:

Section 1916. Contracts with Passenger or Transportation

Companies.--Except as may be prohibited by 66 Pa.C.S. Pt. I

(relating to public utility code) or Federal or other state

regulation of transportation or commerce, a city may, as it

deems necessary for the public benefit and convenience, contract

with a person or persons owning a public transportation service,

railroad company, street railway, motor power company, or

passenger or transportation company.

Section 111. Section 1917 of the act, amended July 11, 1996

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

Section 1917. Sales of Real and 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

20110SB0874PN0890	- 211 -

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. 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.] Sales of real and

personal property shall be conducted in conformance with section

2402.1(b).

Section 112. Section 1918 of the act, amended October 17,

1974 (P.L.775, No.254), is repealed:

[Section 1918. Street Construction and Improvement by City

Employes.--Whenever a city uses the work or services of its

employes in the construction or improvement, of any public

street within the territorial limits, it shall be subject to the

limitations and duties imposed by this article in the purchase

of any materials for such construction or improvement. The

provisions of this section shall not be construed to affect or

limit the provisions of Article XXIX of this act.]

Section 113. Section 1919 of the act, amended July 1, 1994

(P.L.373, No.55), is amended to read:

Section 1919. [Sales] Sale of Real and Personal Property to

Certain Entities.--Any [provision of this act requiring

advertising for bids and sale to the highest bidder] requirement

for advertising for bids and sale to the highest bidder imposed

by this act or by a city pursuant to section 2402.1(b) shall not

20110SB0874PN0890	- 212 -

apply where city real or personal property is to be sold to a

county, city, borough, town, township, home rule municipality,

institution district, school district, volunteer fire company,

volunteer ambulance service or volunteer rescue squad located

within the city, or municipal authority [pursuant to the]

created under 53 Pa.C.S. Ch.56 (relating to municipal

authorities) or under the former act of May 2, 1945 (P.L.382,

No.164), known as the "Municipality Authorities Act of 1945," a

housing authority created pursuant to the act of May 28, 1937

(P.L.955, No.265), known as the "Housing Authorities Law," an

urban redevelopment authority created pursuant to the former act

of May 24, 1945 (P.L.991, No.385), known as the "Urban

Redevelopment Law," a parking authority [pursuant to the]

created under 53 Pa.C.S. Ch. 55 (relating to parking

authorities) or under the former act of June 5, 1947 (P.L.458,

No.208), known as the "Parking Authority Law," a port authority

pursuant to the act of December 6, 1972 (P.L.1392, No.298),

known as the "Third Class City Port Authority Act," or a

corporation not for profit [engaged in community industrial

development. Any provision of this act requiring advertising for

bids and sale to the highest bidder shall not apply where real

property is to be sold to a corporation not for profit]

organized as a public library for its exclusive use as a

library, [to] a medical service corporation not for profit, [to]

a corporation not for profit engaged in community industrial

development, a housing corporation not for profit, [to] the

Commonwealth or [to] the Federal Government or a nonprofit

museum or historical society for its exclusive use as a

nonprofit museum or historical society. When real or personal

property is to be sold [to a corporation not for profit

20110SB0874PN0890	- 213 -

organized as a public library for its exclusive use as a library

or to a medical service corporation not for profit or to a

housing corporation not for profit] pursuant to this section,

council may elect to accept a nominal consideration for the sale

as it shall deem appropriate. Real property sold pursuant to

this section shall be subject to the condition that when the

property is not used for the purposes of the conveyance, the

property shall revert to the city.

Section 114. Article XX heading of the act is amended to

read:

ARTICLE XX

POLICE [BUREAU] FORCE

Section 115. Sections 2001 and 2002 of the act, amended

December 27, 1967 (P.L.893, No.403), are amended to read:

Section 2001. Appointment, Number, Rank, Compensation and

Qualifications of [Policemen] Police Officers.--(a) The council

shall fix, by ordinance, the number, grades and compensation of

the members of the city police force, who shall, except as

provided in section 2002, be appointed in accordance with the

civil service provisions of this act[, and no].

(b) No member of the city police force having been promoted

in conformity with the civil service provisions of this act

shall be demoted in rank or discharged from the police force

except upon proper cause shown as set forth under the civil

service provisions of this act.

appointment and qualification, shall hold at the same time the

office of constable.

(d) Council shall [prescribe all necessary] promulgate rules

and regulations for the organization and government of the

20110SB0874PN0890	- 214 -

police force. [The minimum annual starting salary or

compensation to be paid the members of the police force by any

city shall be four thousand five hundred dollars ($4,500), with

minimum annual increments of three hundred dollars ($300) for

the first three years of such employment. If the annual salary

or compensation of any policeman employed by the city on the

effective date of this amending act is less than four thousand

five hundred dollars ($4,500), such salary or compensation shall

be increased to four thousand five hundred dollars ($4,500), and

such policeman shall receive minimum annual increments of three

hundred dollars ($300) for the next three years of such

employment.]

Section 2002. Designation of Chief and Other Officers.--The

[mayor shall designate, from the force, the chief and other

officers who shall serve as such officers until their successors

are appointed and qualified. The chief of police shall be

designated by the mayor and may be demoted without cause in the

same manner, but not to any rank lower than the rank which he

held at the time of his designation as chief of police.] chief

of police, or any deputy police chief, shall be designated by

the mayor from within or without the ranks, each of whom may be

demoted without cause in the same manner, but not to any rank

lower than the rank which was held at the time of his or her

designation as chief of police or deputy police chief, if these

officers were employes of the police force before their

employment as police chief or deputy police chief. The officers,

other than the chief of police or deputy police chief, shall be

designated in accordance with Article XLIV.

Section 116. Sections 2003, 2005, 2006, 2007, 2008 and 2009

of the act are amended to read:

20110SB0874PN0890	- 215 -

Section 2003. Extra [Policemen] Police Officers;

Compensation.--[The mayor, whenever, in his judgment] Whenever

in the judgment of the mayor it is necessary for the public

safety or to preserve order, the mayor may appoint extra

[policemen] police officers to serve for such period as the

council may designate, not exceeding thirty days, whose

compensation shall be fixed by council.

Section 2005. Powers of [Policemen] Police Officers to

Arrest.--[Policemen] Police officers shall be ex-officio

constables of the city, and shall and may[, within the city or]

enforce the laws of this Commonwealth or otherwise perform the

functions of their office in accordance with 42 Pa.C.S. §§ 8952

(relating to primary municipal police jurisdiction) and 8953

(relating to statewide municipal police jurisdiction) and upon

property owned or controlled by the city or by a [municipality]

municipal authority [of] created by the city [within the

Commonwealth], without warrant and upon view, arrest and commit

for hearing any and all persons guilty of breach of the peace,

vagrancy, riotous or disorderly conduct or drunkenness, or who

may be engaged in the commission of any unlawful act tending to

imperil the personal security or endanger the property of the

citizens, or violating any of the ordinances of [said] the city

for the violation of which a fine or penalty is imposed.

Section 2006. Service of Process; Fees; Payment into

Treasury.--[Policemen] Police officers shall have authority to

serve and to execute [within the city or upon property owned or

controlled by the city or by a municipality authority of the

city within the Commonwealth all] criminal process or processes

issued for the violation of city ordinances [which may be issued

by the mayor or any alderman,] and shall charge the same fees

20110SB0874PN0890	- 216 -

and costs as pertain by law to the constables of the city for

similar services, but the [said] fees and costs shall be

[received and collected by the mayor or alderman, and by him]

paid into the city treasury monthly as herein provided.

Section 2007. Supervision by Mayor.--[Policemen] The chief

of police shall obey the orders of the mayor and make report to

him or her, which report shall be [laid by him before council

monthly] presented monthly by the mayor to council. [The mayor

shall exercise a constant supervision and control over their

conduct.]

Section 2008. Extra Compensation Prohibited; Exception;

Penalty.--No [policeman] police officer shall ask, demand or

receive any compensation or reward whatsoever for his or her

services other than that provided by ordinance, except rewards

offered for the arrest of persons accused of crime committed

outside of the city in which [they hold office, and witness fees

and mileage as provided by law for their appearance in any court

of record] such officer is employed. Any [policeman] police

officer violating any of the provisions of this section shall be

guilty of a misdemeanor [in office, and, upon conviction, shall

be sentenced to pay a fine not exceeding fifty dollars, or

undergo imprisonment not exceeding thirty days, or both, at the

discretion of the court,] of the third degree and upon

conviction shall be sentenced to pay a fine or undergo

imprisonment, or both, at the discretion of the court to be

followed by dismissal from office.

Section 2009. Compensation or Insurance for Volunteer

[Policemen] Police Officer.--Each city may make necessary

appropriations to provide compensation or insurance for

volunteer [policemen] police officers injured or killed while

20110SB0874PN0890	- 217 -

engaged in the performance of such duties as may be assigned to

them in the city.

Section 117. Section 2010 of the act, amended April 6, 1998

(P.L.236, No.44), is amended to read:

Section 2010. School Crossing Guards.--(a) Upon request of

the board of school directors of the school district in which a

city is located, the city council may appoint school crossing

guards who shall have the duty of controlling and directing

traffic at or near schools [and who shall be in suitable and

distinctive uniform. School crossing guards shall be authorized

only in the management of traffic and pedestrians in and around

areas identified by the city police department and the school

district superintendent]. They shall serve at the pleasure of

the city council, except as noted in subsection (b)[, and shall

not come within the civil service provisions of this act and

shall not be entitled to participate in any city pension plan or

plans now in effect or hereafter effective]. The compensation of

the school crossing guards, if any, shall be fixed by the city

council and shall be jointly paid by the city council and the

board of school directors, in a ratio to be determined by the

city council and board of school directors. If the city council

and board of school directors are unable to determine the ratio

of compensation of the school crossing guards to be paid by the

council and the board, each shall pay one-half of the

compensation of [such police. Auxiliary policemen, appointed as

prescribed by general law, may be designated to serve as school

crossing guards] the school crossing guards.

(b) A city council may [approve] enact an ordinance allowing

a board of school directors to assume the hiring and oversight

of the school crossing guards. Before city council may [approve]

20110SB0874PN0890	- 218 -

enact such an ordinance, the board of directors of the school

district shall [approve] adopt a resolution requesting the

authority to assume the hiring and oversight of the school

crossing guards. The ordinance enacted by council shall outline

how the city police department will provide any necessary

training and assistance of the school crossing guards while on

duty. [Such school crossing guards will be authorized only in

the management of traffic and pedestrians in and around areas

identified by the city police department and the school district

superintendent or his or her designee. The school crossing

guards shall not come within the civil service provision of this

act, nor shall they] School crossing guards shall not fall under

the bargaining unit of the school district nor be classified as

an employe as defined under section 1101-A of the act of March

10, 1949 (P.L.30, No.14), known as the "Public School Code of

1949," or under any benefits as provided under the "Public

School Code of 1949[,]." [or under any plans hereafter

effective. Once] After the ordinance [receives] is enacted by

city council [approval], the school district shall assume the

cost of compensation, including fixing such compensation, if

any, of the school crossing guards. [Auxiliary policemen,

appointed as prescribed by general law, may be hired by the

school district to serve as school crossing guards.] The board

of school directors shall notify the city council, mayor and

police chief or commissioner of those hired to serve as school

crossing guards and request the necessary training or assistance

be provided as outlined by the ordinance.

upon the request of the board of school directors or whether the

city council enacts an ordinance allowing a board of school

20110SB0874PN0890	- 219 -

directors to assume the hiring and oversight of the school

crossing guards, the following shall apply to school crossing

guards:

(1) Their duties and authority shall be restricted to the

management of traffic and pedestrians in and around areas

identified by the city police force and the school district

superintendent or his or her designee.

(2) They shall be in suitable and distinctive uniform while

performing their duties as school crossing guards.

(3) They shall not come within the civil service provisions

of this act.

(4) They shall not be entitled to participate in any city or

school district pension or benefit plan or plans now in effect

or hereafter effective.

(5) Auxiliary police officers, appointed as prescribed by

general law, may be designated by city council or hired by the

school district, as applicable, to serve as school crossing

guards.

Section 118. Article XXI heading of the act is reenacted to

read:

ARTICLE XXI

FIRE BUREAU

Section 119. Section 2101 of the act is amended to read:

Section 2101. Organization of Fire Bureau; Maintenance;

Apparatus.--[Each city may organize a fire bureau, with or

without pay, make] With regard to a city fire bureau, council

shall have the authority to:

(1) by ordinance, establish and organize a fire bureau;

(2) make appropriations for the maintenance of the same[,

prescribe];

20110SB0874PN0890	- 220 -

(3) promulgate rules and regulations for the government of

the officers and companies belonging thereto[,]; and

(4) purchase equipment and apparatus for the extinguishment,

prevention and investigation of fires and for the public safety.

Section 120. Section 2101.1 of the act, added July 1, 1994

(P.L.373, No.55), is amended to read:

Section 2101.1. Appointment and Demotion of Fire Chief and

Deputy Fire Chief.--The mayor, by and with approval and consent

of council, shall appoint the fire chief and any deputy fire

chief, each of whom may be demoted without cause in the same

manner but not to any rank lower than the rank which he or she

held at the time of his or her designation as fire chief or

deputy fire chief if these officers were employes of the fire

bureau before their employment as fire chief or deputy fire

chief.

Section 121. Section 2102 of the act, amended November 9,

1965 (P.L.670, No.328), is amended to read:

Section 2102. Paid Bureau; Election of Officers and

Companies.--When a paid fire bureau is organized by any city,

the council, except as provided by section 2101.1, may provide,

by ordinance, for the election or appointment of the officers

and companies belonging thereto, in accordance with civil

service provisions where applicable. The minimum annual starting

salary or compensation to be paid the officers and [firemen]

firefighters by any city shall be [four thousand five hundred

dollars ($4,500), with minimum annual increments of three

hundred dollars ($300) for the first three years of such

employment. If the annual salary or compensation of any fireman

employed by the city on the effective date of this amending act

is less than four thousand five hundred dollars ($4,500), such

20110SB0874PN0890	- 221 -

salary or compensation shall be increased to four thousand five

hundred dollars ($4,500), and such fireman shall receive minimum

annual increments of three hundred dollars ($300) for the next

three years of such employment] established by the city council.

Section 122. Section 2103 of the act, amended July 19, 1957

(P.L.1012, No.448), is amended to read:

Section 2103. Platoon System; Hours of Service; Vacation;

Sick Leave.--The director of the department having charge of the

fire bureau in [each city shall] a city may divide the officers

and members of companies of the uniformed fire force in the

employ of [such cities] the city, and any other [firemen]

firefighters and drivers regularly employed and paid by the

city, excepting the chief engineer and assistant chiefs, and

those employed subject to call, into [two] shifts, bodies or

platoons to perform service during such hours as the director

shall fix[, except as herein otherwise provided. The hours of

day service shall not exceed ten, commencing at eight o'clock in

the morning; the hours of night service shall not exceed

fourteen, commencing at six o'clock in the afternoon; and the

hours of day service shall not exceed fifty hours in any one

calendar week, and the hours of night service shall not exceed

seventy hours in any one calendar week, unless the hours of day

and night service shall be equalized, in which case neither the

hours of day or night service shall exceed fifty-six in any one

calendar week: Provided, That for the duration of any war in

which the United States is engaged, and six months thereafter,

the hours of service may exceed the number hereinbefore provided

as the maximum number of hours of service, and in such cases,

council shall provide for the payment of extra compensation for

any hours of service, at the same rate as paid for regular

20110SB0874PN0890	- 222 -

service in excess of such maximum hours of service. The employes

of such fire forces shall be allowed to have at least twenty-

four consecutive hours of rest in every calendar week, to have

an annual vacation of not less than fourteen working days, and

shall be entitled to twenty-one days sick leave annually without

diminution of the salary or compensation fixed by ordinance. In

those instances in which sick leave exceeds four days at any one

time, it shall be necessary for the employe to present evidence

satisfactory to the director of the department showing either

injury, hospitalization, or illness attended to by a physician].

In cases of riot, serious conflagration, times of war, public

celebrations, or other such emergency, the [chief engineer of

the bureau of fire, or the assistant chief deputy, or chief]

fire chief or officer in charge at any fire shall have the power

to assign all the members of the fire force to continuous

duty[,] or to continue any member thereof on duty, if necessary.

[No member of any of said shifts, bodies or platoons shall be

required to perform continuous day service or continuous night

service for a longer consecutive period than two weeks, nor be

kept on duty continuously longer than ten hours in the day

shifts, bodies or platoons or fourteen hours in the night

shifts, bodies or platoons, excepting as may be necessary to

equalize the hours of duty and service, and also excepting in

cases of emergency, as above provided.]

Section 123. Sections 2104, 2105, 2106, 2107 and 2108 of the

act are amended to read:

Section 2104. Fire Marshal; Powers.--Every city may, by

ordinance, provide for the creation of the office of fire

marshal who shall be appointed by the mayor, by and with the

approval and consent of council, biennially. The fire marshal

20110SB0874PN0890	- 223 -

and [his] any authorized assistants[, if council shall provide

for such assistants,] shall inspect all constructions or

buildings within the city or upon property owned or controlled

by the city or a [municipality] municipal authority of the city

within the Commonwealth[, whether public, private, or business,]

and shall enforce all laws of the Commonwealth and ordinances of

the city relating to such constructions or buildings, for the

prevention, containment, or investigation of fire and

firehazards, both as to the constructions or buildings and as to

the contents or occupancies thereof. The fire marshal or his or

her assistants shall report to the director of public safety or

to council or other designated official, as council shall by

ordinance provide, any faulty or dangerous construction or

building or like condition in any building[,] that may

constitute a fire hazard[,] or any proposed use or occupation of

any construction, building or premises[,] which would create or

increase a hazard of fire. [He] The fire marshall shall

investigate and keep a permanent record of the cause, origin and

circumstances of every fire and the damage resulting therefrom

occurring within his or her jurisdiction immediately after the

occurrence of [such] the fire. The [said] records of the fire

marshal shall be open to public inspection[.] except records

relating to or resulting in a criminal investigation or

otherwise excepted from a public record pursuant to the act of

February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know

Law." The fire marshal shall submit to council an annual report

consolidating the information contained in [said records at the

first stated meeting in March of each year] the records as

directed by council. [He shall request the mayor or any alderman

of the city to investigate, under the act, approved the

20110SB0874PN0890	- 224 -

seventeenth day of April, one thousand eight hundred sixty-nine

(Pamphlet Laws 74), the origin of any fire he deems suspicious;

and shall be equally subject to appointment and removal and to

all the powers and duties under the act, approved the twenty-

seventh day of April, one thousand nine hundred twenty-seven

(Pamphlet Laws 450, Number 291), as amended, as is the chief of

the fire department] If the fire is deemed suspicious, the fire

marshal shall have the authority to investigate the same.

Section 2105. Obstructing Fire Marshal; Fine.--It shall be

unlawful for any person to obstruct or prevent or attempt to

obstruct or prevent the fire marshal in the discharge of his or

her duties. Council may, by ordinance, establish the types or

grades of such criminal conduct[,] and may establish fines[,] or

imprisonment [in default of payment thereof,] or both for such

violations. No fine so ordained shall exceed [three hundred] one

thousand dollars for any single violation, and no imprisonment

[in default of payment of such a fine] shall exceed ninety days.

Section 2106. Investigation of Cause of Fire; Power of the

Mayor.--The mayor of any city may, whenever in his or her

judgment the occasion demands it, issue a subpoena, in the name

of the Commonwealth of Pennsylvania, to any person or persons

requiring [them to attend] the attendance of the person or

persons before [him] the mayor or the fire marshal at [such] the

time and place as may be named in [said] the subpoena, then and

there to testify, under oath or affirmation, which the fire

marshal in the absence of the mayor is hereby empowered to

administer, as to the origin of any fire occurring within the

bounds of such city[,] and also as to any facts or circumstances

that may be deemed important to secure the detection and

conviction of any party or parties guilty of the offense of

20110SB0874PN0890	- 225 -

arson or attempted arson.

Section 2107. Fire Chief Ex-officio Fire Marshal.--The fire

chief of any city shall be ex-officio fire marshal thereof in

any city wherein the office is not separately filled [by

council] pursuant to ordinance, and in [such] that case all the

powers and duties herein given to or imposed upon [such] the

fire marshal shall be enjoyed and exercised by [such] the fire

chief [of the fire department].

Section 2108. Compensation Insurance for Injured Volunteer

[Firemen] Firefighters or Special Fire Police.--Each city may

make [such] appropriations as may be necessary to secure

insurance or compensation for volunteer [firemen] firefighters

killed or injured while engaged in the performance of their

duties or as special fire police.

Section 124. Section 2109 of the act, added June 16, 1993

(P.L.97, No.21), is amended to read:

Section 2109. Salary of Nonunion City Fire Officers.--[Any]

A fire chief or head of a fire department of a city who has been

removed from bargaining units under the act of June 24, 1968

(P.L.237, No.111), referred to as the Policemen and Firemen

Collective Bargaining Act, by rulings of the Pennsylvania Labor

Relations Board shall receive not less than the same dollar

increase, including fringe benefits but excluding overtime and

festive holiday pay, as received by the highest-ranking fire

officer participating in the bargaining unit.

Section 125. Article XXII heading of the act is amended to

read:

ARTICLE XXII

[BUREAU OF MINE INSPECTION AND]

SURVEYS AND SURFACE SUPPORT

20110SB0874PN0890	- 226 -

IN COAL MINING AREAS

Section 126. Sections 2201 and 2202 of the act are repealed:

[Section 2201. Ordinance Creating.--Any city within the

limits of the anthracite or of the bituminous coal regions of

the Commonwealth may, by ordinance, create a bureau of mine

inspection and surface support.

Section 2202. Bureau, How Constituted.--The bureau shall

consist of one practical mining engineer, to be appointed by the

mayor, with consent of the council, and such assistants, clerks,

and employes as the council may provide. The officers and

employes of the bureau shall receive such compensation as may be

prescribed by council.]

Section 127. Sections 2203, 2204, 2205, 2206 and 2207 of the

act are amended to read:

Section 2203. [Inspection of Mines] Survey of Mines.--

[Members of the bureau may enter, inspect, examine] For the

purpose of conducting a survey as may be required by council,

the city engineer or other registered professional engineer

employed by the city, may enter and survey any mine or colliery,

within the limits of the city, in whole or in part, at all

reasonable times, either by day or night, but not so as to

impede nor obstruct the workings of the mine or colliery; and

may take with them [such] other persons [as may be] necessary

for the purpose of making [an examination or] a survey. The

owner, operator, or superintendent of such mine or colliery

shall furnish the means necessary for [such] the entry,

[inspection, examination,] survey and exit.

Section 2204. Operators to Furnish Maps; Contents.--The

owner, operator, or superintendent of every coal mine or

colliery within the limits of the city, in whole or in part,

20110SB0874PN0890	- 227 -

[within three months after the passage of an ordinance by any

city creating such bureau,] shall, at the request of council,

make or cause to be made and furnished to [such bureau] the city

engineer an accurate map or plan of the workings or excavations

of [such] each coal mine or colliery, or parts thereof, within

the limits of [said] the city[, on a scale of one hundred feet

to the inch. The map or plan shall exhibit the workings or

excavations in every seam of coal on a separate sheet, and the

tunnels and passages connecting with such workings or

excavations. It shall show in degrees the general inclination of

the strata, with any material deflection therein in the workings

or excavations, and shall also show the tidal elevations of the

bottom of every shaft, slope, tunnel, and gangway, and of any

other point in the mine or on the surface where such elevation

shall be deemed necessary by the bureau. The map or plan shall

show the number of the last survey station and date of each

survey on the gangways or the most advanced workings].

Section 2205. Extensions to be Placed on Maps.--[Every mine

owner, operator, or superintendent shall place or cause to be

placed upon the map of the bureau, at least] Not less than once

in every three months, a map that has been provided to a city,

at the request of council, pursuant to section 2204, shall be

updated at the direction of the mine owner, operator or

superintendent. The updated map shall show all the extensions

made in any mine, wholly or partially within the limits of

[such] the city, and not already so placed upon the map, except

those made within thirty days immediately preceding the time of

placing [such] the extensions upon the [said] map.

Section 2206. Certain Surface Supports Not to be Removed.--

It shall be unlawful for any person, [copartnership]

20110SB0874PN0890	- 228 -

partnership, association, or corporation to dig, mine, remove,

or carry away the coal, rock, earth, or other minerals or

materials forming the natural support of the surface beneath the

streets and places of any city[, in the anthracite region or in

the bituminous region,] to such an extent and in such a manner

as to thereby remove the necessary support of the surface,

without having first placed or constructed an artificial

permanent support sufficient to uphold and preserve the

stability of the surfaces of such streets and places.

Section 2207. Penalty for Surface Support Violations.--Any

person, corporation or association[, being the owner, lessee or

operator of any coal mine, and] violating the provisions of this

article concerning surface support of streets and places within

the city shall be guilty of a misdemeanor[,] and, upon

conviction thereof, shall be sentenced for such offense to pay a

fine not exceeding one thousand dollars, or [to undergo]

imprisonment [in the county jail] for a period not exceeding

ninety days, or both, and each [five day continuance in any] day

in which such violation continues shall constitute an additional

and separate offense [and be likewise punishable upon conviction

thereof].

Section 128. Section 2208 of the act is repealed:

[Section 2208. General Penalties.--Any owner, operator or

superintendent of any coal mine or colliery who shall violate

any of the provisions of this article, except those requiring

surface support of streets and places within the city, shall,

upon summary conviction thereof before a justice of the peace or

an alderman of the city, be fined not less than fifty dollars

nor more than three hundred dollars, and in default of payment

thereof, shall be imprisoned for not more then ninety days for

20110SB0874PN0890	- 229 -

each such violation. Each five day continuance in any such

violation shall constitute an additional and separate offense

and be likewise punishable upon summary conviction thereof. All

fines imposed under this section shall be paid into the treasury

of the city.]

Section 129. Section 2209 of the act is reenacted to read:

Section 2209. Enactment of Ordinances.--Council may enact

such ordinances as may be necessary for the enforcement of the

provisions of this article and provide penalties for the

violation thereof.

Section 130. Article XXIII and subdivision (a) headings of

the act are reenacted to read:

ARTICLE XXIII

PUBLIC HEALTH

(a) Board of Health

Section 131. Section 2301 of the act is amended to read:

Section 2301. Board of Health[; Incompatibility].--Each city

shall have a board of health. Council may, by ordinance, create

a board of health [as herein provided], or, in lieu thereof,

council shall be the board of health. [The board of health shall

have five members appointed by council, who shall serve without

compensation. Except as otherwise herein provided, membership on

the board of health shall be incompatible with every other city

office.] If council is the board of health, members of council

shall receive no additional compensation for serving on the

board.

Section 132. Section 2302 of the act, amended June 16, 1993

(P.L.97, No.21), is amended to read:

Section 2302. [Qualifications; Term; Removal.--The] Members

of Appointed Boards of Health.--(a) Council shall appoint five

20110SB0874PN0890	- 230 -

members to a board of health created by ordinance. Appointed

members shall serve without compensation. Except, in the case of

an appointed member who is a licensed or certified health care

professional that has his or her principal office in the city,

members of the appointed board of health shall be residents of

the city. [At least one, and whenever possible two,]

(b) Two members of the board shall be [currently] a licensed

or certified health care professional unless council cannot

identify two such professionals who are willing to serve, in

which case, one member shall be a licensed or certified health

care professional. If no licensed or certified health care

professional can be identified to serve on the board, council

may, in lieu thereof, appoint any individual who has experience

or is knowledgeable of public health issues.

be licensed or certified by the State Board of Medicine, the

State Board of Examiners of Nursing Home Administrators, the

State Board of Podiatry, the State Board of Veterinary Medicine,

the State Board of Occupational Therapy Education and Licensure,

the State Board of Osteopathic Medicine, the State Board of

Pharmacy, the State Board of Physical Therapy [or], the State

Board of Nursing [to be engaged in a medical, medically related

or health care profession or business and shall be a resident or

have an office in the city. If a licensed or certified medical

or health care professional cannot be identified to serve on the

board, council may appoint any individual who has experience or

is knowledgeable of public health issues], the State Board of

Social Workers, Marriage and Family Therapists and Professional

Counselors, the State Board of Chiropractic, the State Board of

Dentistry, the State Board of Optometry, the State Board of

20110SB0874PN0890	- 231 -

Psychology or the State Board of Speech-Language and Hearing

Examiners.

[Upon] (d) After the creation of the board, by ordinance,

council shall designate [for] one appointee for a term of one

year, [for] another for a term of two years, and so on up to

five; thereafter, one member of the board shall be appointed

annually to serve for a term of five years from the first Monday

of [April] January succeeding his or her appointment.

(e) Council may remove appointed members of the board for

official misconduct or neglect of duty.

(f) All vacancies on appointed boards shall be filled by

council appointing a qualified person to membership on the board

for the unexpired term of the person whose membership had been

vacated.

Section 133. Sections 2303, 2304, 2305, 2306, 2307, 2308,

2309, 2310 and 2311 of the act are amended to read:

Section 2303. Oath of Office; Organization; Secretary.--(a)

Each member of the board of health shall take the oath of office

prescribed in section [nine hundred and five of this act] 905.

(b) The board of health shall organize annually on the first

Monday of January[. The board] and shall elect a president

annually from among [the] its members. [and]

who is not a member of the board of health. [board member. The

secretary shall take the aforesaid oath and shall give a

fidelity bond with corporate surety to the city in such amount

as council requires.] The secretary shall receive [such] a

salary as approved by council [shall approve].

Section 2304. Duties of Secretary.--The secretary of the

board shall have the power and his or her duty shall be as

20110SB0874PN0890	- 232 -

follows:

(1) To keep the minutes of the proceedings of the board[,

shall keep] and accurate accounts of the expenditures of the

board.

(2) To [, shall] draw all requisitions for the payment of

moneys on account of the board of health from appropriations

made by the council to the board and shall present the same to

the president of the board for his or her approval.

(3) To [, shall] render statements of the expenditures to

the board at each stated meeting or as frequently as the board

may require.

(4) To [, shall] prepare, under the directions of the board,

the annual report to council, together with the estimate of

appropriations needed for the ensuing year.

(5) To [He shall] make such reports to the State Department

of Health as are required by law or by rule or regulation of the

[Department] department.

(6) To [, and shall] make such other reports and perform

such other duties as are required [of him] by law or by the

board of health.

Section 2305. Health Officer; Qualifications; Oath [and

Bond.--The board shall appoint as].--(a) Council shall, by

ordinance, determine the manner and method of selection of a

health officer who shall be a person with some experience or

training in public health work [in accordance with rules and

regulations of the Advisory Health Board of] and who shall be

or, within six months of taking the oath of office, shall become

certified for the office of health officer by the State

Department of Health[, and who shall not enter upon his duties

until he has been certified for the office of health officer by

20110SB0874PN0890	- 233 -

the State Department of Health]. The health officer shall take

the oath required of members of the board. [, and shall give

bond with corporate surety approved by council to the city for

the faithful performance of his duties. The amount of the bond

shall be fixed by council.] The health officer shall be the

agent of the board of health but shall not serve as a member of

the board of health.

(b) City council may appoint, as the principal health

officer of the city, the manager or chief administrator employed

and compensated by a nonprofit corporation which may be

appointed as a board of health in accordance with subdivision

(c). The manager or chief administrator, to be eligible for

appointment, must be a reputable physician of at least five

years' experience in the practice of his or her profession or in

public health work. The principal health officer, appointed

pursuant to this subsection, shall have all the powers and

authority and duties now or hereafter to be conferred or

prescribed by law upon principal health officers.

Section 2306. Duties of Health Officer.--(a) The duties of

the health officer shall include the following:

(1) [It shall be the duty of the health officer to] attend

all [stated] regular and special meetings of the board of

health; [and to]

(2) be available for the prompt performance of his or her

official duties [at all times. He shall];

(3) quarantine places of communicable diseases in accordance

with law and with the rules and regulations of the State

Department of Health or of the city board of health[.];

(4) [He shall] execute all laws and rules or regulations for

the disinfection of quarantined places[.];

20110SB0874PN0890	- 234 -

(5) [He shall] serve written notice on teachers and persons

in charge of public, parochial, Sunday and other schools[,]

requiring the exclusion from school of children who are

suffering from, or who reside with persons who are suffering

from, communicable diseases[, and shall];

(6) make sanitary inspections[, and shall] subject to

constitutional standards in a similar manner as provided in

section 2308; and

(7) execute the orders of the board of health and all other

laws, rules and regulations and orders pertaining to his or her

office.

(b) The health officer [He] shall[, in the performance of

his duties, have the power and authority of a policeman of the

city] to the extent of his or her duties have the power to issue

citations for the violation of applicable laws or ordinances.

Section 2307. Duties of Board of Health.--[The board of

health shall enforce the laws of the Commonwealth and the rules,

regulations and orders of the State Department of Health.] (a)

The board of health shall undertake to prevent or diminish the

introduction or further spread of infectious or contagious

diseases[,] and otherwise to protect and increase the public

health by regulating communication with places of infection or

contagion, by isolating carriers of infection or contagion or

persons who have been exposed to any infectious or contagious

disease, by abating or removing all nuisances which the board

shall deem prejudicial to the public health, and by enforcing

the vaccination laws; and the board shall make all such rules

and regulations as to it appear proper for the preservation or

improvement of the public health, consistent with this article

and the laws of the Commonwealth.

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(b) In carrying out its duties under this act, the board of

health shall, if authorized, enforce the laws of the

Commonwealth that are relevant to and relate to its duties.

Department of Health all of its reports and publications and

such other information regarding public health in the city as

may be requested or required by the [Department] department.

Section 2308. Powers of Board of Health.--The board of

health shall have authority:

(1) [To employe] If authorized by council, to employ agents

and employes at rates of compensation approved by council. [at

such rates or salaries as council shall approve.

(2) To establish and staff emergency hospitals, with the

consent of council, in case of the [prevalance] prevalence or

threat of any contagious or infectious disease or other serious

peril to public health, and to provide for and regulate the

management of such hospitals.

(3)] (2) To enter upon any premises whatsoever within the

city as a body or by committee or by its agents or employes,

which premises are suspected of infectious or contagious disease

or of any other nuisance prejudicial to the public health, or of

the danger of them, for the purpose of examining the premises or

of preventing, confining or abating public nuisances.

(i) In the event that entry upon any premises is refused by

an owner, an agent of an owner, or tenant, the board of health

shall obtain an administrative search warrant from any

magisterial district judge within the judicial district wherein

lies the premises to be inspected.

(ii) It shall be sufficient to support the issuance of a

warrant for the board of health to provide to the magisterial

20110SB0874PN0890	- 236 -

district judge evidence of any of the following:

(A) Reasonable standards and an administrative plan for

conducting inspections.

(B) The condition of the premises or general area and the

passage of time since the last inspection.

that probable cause exists that a law, regulation or ordinance

subject to enforcement by the board of health has been violated.

[(4)] (3) To conduct investigations and to hold public

hearings in the performance of its duties and powers, wherein

the president and secretary of the board shall have full power

to administer oaths and affirmations but shall receive no fee

therefor. For such purposes, the board of health may require the

attendance of witnesses and their books and papers.

[(5) To establish a force of sanitary police for the

enforcement of its rules and regulations, whenever in the

opinion of the board the public health of the city requires. To

fix the number of such police and the duration of their service

and to have the exclusive control and direction of them. The

mayor shall detail police from the regular police force or make

new appointments in order to provide a sanitary police force,

and upon the expiration of the need for such a force the members

thereof shall be returned to duty as regular policemen, or, if

newly appointed, be dismissed as the mayor may direct, but no

permanent increase of the police force shall be made thereby

unless council so ordains.

(6)] (4) To publish and enforce its rules and regulations as

approved by council.

[(7) To] (5) If approved by council, to provide for or

cooperate in providing for general and gratuitous vaccination,

20110SB0874PN0890	- 237 -

disinfection and other public health control programs, and

likewise to make available medical relief in such ways as in its

opinion will benefit the public health.

[(8) To certify to council expenditures in excess of

council's appropriations therefor, necessarily incurred by the

board by reason of an epidemic, or upon approval of council, for

any other immediate and serious peril to public health. Council

shall thereupon appropriate sufficient money to meet such

additional expenditures.

(9)] (6) To [prevent, abate or remove] provide, in

accordance with subdivision (b), for the prevention, abatement

and removal of conditions found by it to be detrimental to the

public health as public, not private, nuisances[,] or to declare

and certify to council [such] the conditions and the premises or

ways or places harboring [them] the condition to be public, not

private, nuisances.

[(10) To prescribe regulations for the erection or operation

of bone boiling establishments or of repositories of dead

animals in the city, and in accordance therewith, to permit or

refuse to permit such erections or operations within the city.

Any person who shall erect or operate any such establishment or

repository in the city without the permission of the board of

health, or in violation of its regulations pertaining thereto,

shall forfeit and pay to the city the sum of three hundred

dollars for every such offense, and the like amount for each

month's continuance thereof, to be collected by an action before

an alderman of the city, and shall also be subject to indictment

for the common law offense of creating and maintaining a

nuisance. Nothing herein shall limit the remedies of injunction

or abatement as to any such establishment.

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(11) To determine whether or not the keeping or slaughtering

of stock animals or fowls in or about any dwelling or part

thereof, or in the yard, lot or adjoining property of any such

building within the city or parts thereof, is or may become

detrimental to the public health. Council may prohibit any such

keeping or slaughtering which the board certifies to it as

detrimental, or the board may issue permits in accordance with

regulations adopted by it for the keeping of such animals or

fowls within the city or parts thereof. No such permit shall

extend beyond the calendar year within which it was issued, and

the fee for each permit shall be one dollar.]

Section 2309. Effect of Rules and Regulations.--[The rules

and regulations of the board of health may be approved by

council, and when printed and advertised by council as required

by this act in the case of ordinances, shall have the force of

ordinances of the city; and all penalties, fines or imprisonment

prescribed therein for violations thereof, together with the

expenses necessarily incurred in carrying the rules and

regulations into effect and the costs of proceedings incident

thereto, shall be recoverable for the use of the city, as

provided for in the case of other city ordinances.] Rules and

regulations adopted by the board of health shall be presented to

city council for its approval. City council shall have the

authority to approve, by ordinance, the rules and regulations

submitted by the board of health. Upon approval by council, the

rules and regulations of the board of health shall have the

force and effect of ordinances of the city. The ordinance

approving the rules and regulations may incorporate them by

reference. Council shall provide a place for the public to view

the rules and regulations. The ordinance approving the rules and

20110SB0874PN0890	- 239 -

regulations shall prescribe the penalties, fines or imprisonment

for violations thereof.

Section 2310. Fees and Penalties.--All fees and penalties

collected or received by the board or any officer thereof [in

his] acting in an official capacity shall be paid [monthly] as

received to the city treasurer for the use of the city.

Section 2311. Proceedings of Board to be Public.--The

proceedings of the board shall be public [and its journal of

proceedings shall be open to the inspection of any taxpayer].

Section 134. Article XXIII subdivision (b) heading of the

act is amended to read:

(b) [Abatement of] Public Nuisances Detrimental

to Public Health

Section 135. Sections 2320 and 2321 of the act are amended

to read:

Section 2320. [Definition.--] Determination of Public

Nuisances.--(a) Any condition or usage whatsoever in or about

the buildings, structures or land, or the streets or private

ways and places, or elsewhere, within the city, whether public

or private, [which] if determined by the board of health [shall

find] to be detrimental to the public health [is hereby declared

to be] shall constitute a public nuisance. Whenever in this

subdivision the words "public nuisance" or "nuisance" are used

they shall be deemed to mean a nuisance detrimental to the

public health, unless a different meaning is specified.

(b) The powers of investigation and entering upon premises

vested in the board of health and its agents and employes

pursuant to its orders shall be available for the determination

of public nuisances.

Section 2321. [Procedure for the] Abatement of Public

20110SB0874PN0890	- 240 -

Nuisances by Designated Department.--[Whenever the board of

health shall determine, after such examination, investigation or

hearing as shall suffice to inform its judgment, that a public

nuisance exists or is about to exist, it may order the nuisance

to be removed, abated, suspended, altered, or otherwise

prevented or avoided. Notice of such order, bearing the official

title of the board and the number of days for compliance

therewith and the alternative remedy of the board in case of

non-compliance, shall be served upon the person, if any, whom

the board deems responsible therefor or concerned therein, and

upon the owner or abutting owner of the land, premises or other

places whereon such a nuisance is or is about to be, if any. In

case no such party or parties can be discovered by the board,

the order shall be served by posting a copy or copies thereof

conspicuously upon the premises for a period of at least ten

days.] (a) If, in accordance with this subdivision, the board

of health determines that a public nuisance exists, it shall

report its determination, along with any request for summary

abatement, to the department designated by council in section

2702-A, relating to the report and investigation of a public

nuisance.

(b) Notwithstanding any other provision of Article XXVII-A,

the department designated to abate public nuisances shall

proceed as follows:

(1) The report to the designated department that the board

of health has determined that public nuisance exists shall be

deemed a determination by the designated department that a

public nuisance exists as required by section 2702-A(d)(1).

(2) Summary abatement, if requested by the board of health,

shall be pursued if the designated department finds that the

20110SB0874PN0890	- 241 -

criteria set forth in section 2702-A(d)(2) exists.

(3) If summary abatement is not pursued, the designated

department shall proceed with abatement with prior notice in

accordance with Article XXVII-A.

Section 136. Sections 2322, 2323 and 2324 of the act are

repealed:

[Section 2322. Contents of Notice.--The notice of the

board's order shall clearly specify:

1. The place and manner of the nuisance or anticipated

nuisance as determined by the board;

2. The nature or condition thereof;

3. The board's order with respect to the nuisance or

anticipated nuisance;

4. The names of the persons found by the board to be

responsible therefor or concerned therewith and the name of the

owner, if any, of the land or premises involved;

5. The date of the board's order and the number of days

therefrom allowed for compliance with it;

6. The alternative remedy of the board in case of non-

compliance;

7. Notice that the persons affected thereby may apply,

within the time set for compliance with the order, to the board

for a hearing, and may request such stay of execution or

modification or rescission of the said order as they shall

believe just and proper;

8. The signature of the president of the board, attested by

the secretary.

Section 2323. Hearing; Disposition.--If any person affected

thereby shall apply for a hearing within the time provided, the

board shall promptly notify all interested parties of the time

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and place of the hearing. The board shall enter upon its minutes

such facts and proofs as it may receive, and its proceedings on

such hearing and thereafter may rescind, modify or reaffirm its

order and require execution of the original or of a new or

modified order, as it shall determine and direct. The persons

affected shall be notified of the board's final order, and

within ten days from the mailing of such notice may appeal

therefrom to the court of quarter sessions, which appeal may

operate as a supersedeas if the court, upon proper cause shown,

so orders, and provided the appellants post bond, approved by

the court, for the use of the city, with sufficient surety to

cover all the expense and costs of executing the board's order.

Section 2324. Abatement of Public Nuisances by Board of

Health or City.--In any case where the persons ordered by the

board of health to abate or prevent a public nuisance or

anticipated public nuisance refuse or neglect to do so within

the time specified in the original or any subsequent order of

the board, then, unless the said order shall have been suspended

by appeal to the court and proper bond posted, the board may

direct its health officer and employes to execute the said

order; or if the execution of the said order requires the

grading, paving or repaving of private alleys or any similar

work upon any property whatsoever within the city or any other

work or service that may best be performed or contracted for by

the agencies and employes of the city itself, then the board

shall certify its order to the city council and council shall

thereupon proceed to cause the execution of the order. In any

case where the board of health or the council thus abates or

prevents or causes the abatement or prevention of a public

nuisance, the cost and expense of such work, services and

20110SB0874PN0890	- 243 -

materials shall be charged to the persons affected in their

proper proportions; and upon non-payment of such charges, the

city may file a lien therefor upon the affected premises in the

name of and for the use of the city, as provided by law for

municipal claims, in addition to the other remedies available

for the collection of debts due the city. The lien shall attach

as of the time the work was commenced, which shall be fixed by

the certificate of the health officer or of the city engineer

filed with the city clerk.]

Section 137. Article XXIII subdivision (c) heading of the

act is reenacted to read:

Section 138. Section 2330 of the act is amended to read:

Section 2330. Board of Directors of Corporation to be

Appointed Members of Board of Health.--[Whenever any corporation

not for profit has been or shall hereafter be chartered, whose

principal corporate purpose is or shall be substantially to

preserve and promote the health of the public of any city, and

the control and elimination of disease, and such corporation, in

the opinion of the council of such city and the State Department

of Health, shall have at its disposal sufficient means to render

its assistance of value to the city in the administration of its

public health affairs, and is properly organized and managed,

said council may, by ordinance, appoint the members of the board

of directors for such corporation as the board of health of such

city for a term of five years. The said board of directors shall

not be more than nine or less than five in number, and at least

two of the members shall be reputable physicians with not less

than five years' experience in the practice of their profession.

When, by limitation in the charter or by-laws of such

20110SB0874PN0890	- 244 -

corporation, the office of any member of the board of directors

shall terminate, such person's membership in the board of health

shall also terminate and a vacancy in such membership exist, to

be filled as hereinafter provided. Whenever the number of

directors of such corporation shall be increased, subject,

however, to the aforesaid maximum limitation of nine, the

council of said city may appoint any person added to the

corporation's board of directors as an additional member of the

board of health for a term equal in the unexpired term of the

other members, subject, also, to termination resulting from

limitations in the corporation's charter or by-laws as

aforesaid.] (a) City council may, by ordinance, appoint the

members of a board of directors of a nonprofit corporation as

the board of health for the city for a term of five years

provided that the nonprofit corporation:

(1) Has as its principal purpose to substantially preserve

and promote the health of the public of the city and to control

and eliminate disease.

(2) Has sufficient means to render valuable assistance to

the city's public health affairs in the opinion of city council

and the State Department of Health.

(3) Is properly organized and managed.

(4) Has no fewer than five and no more than nine members on

the board of directors.

(5) Has at least two reputable physicians on the board with

each having no less than five years' experience in the practice

of his or her profession.

(b) When the office of any member of the board of directors

terminates pursuant to the nonprofit corporation's charter or

bylaws, the office of the member of the board of health shall

20110SB0874PN0890	- 245 -

also terminate with the resulting vacancy to be filled as

hereinafter provided.

corporation increases, subject to the limitation of a maximum of

nine members, city council may appoint any person added to the

corporation's board of directors as an additional member of the

board of health for a term equal to the unexpired term of the

other members. This additional appointment shall be subject to

any subsequent termination resulting from a limitation in the

corporation's charter and bylaws.

Section 139. Section 2331 of the act is repealed:

[Section 2331. Councilmen and School Directors Eligible for

Appointment.--Members of council of such city, not more than two

in number, and one member of the board of directors of the

school district of such city, if they are also members of the

board of directors of said corporation, shall be eligible to

appointment as members of the board of health of said city.]

Section 140. Sections 2332, 2333, 2334 and 2335 of the act

are amended to read:

Section 2332. Power of Board.--The board of health [so

appointed] under this subdivision shall have all the power and

authority and perform the duties now or hereafter conferred and

prescribed by law upon boards of health of cities.

Section 2333. Health Officer.--[If the board of directors of

such corporation shall employe as manager or chief administrator

of the activities and operations of the corporation a reputable

physician of five years' experience in the practice of his

profession, or in public health work, for a compensation to be

paid out of the corporation's funds, it shall be lawful for such

council to appoint such manager or chief administrator as the

20110SB0874PN0890	- 246 -

principal health officer of such city, with all the powers and

authority and duties now or hereafter to be conferred or

prescribed by law upon principal health officers.] Pursuant to

section 2305(b), city council may appoint the manager or chief

administrator of a nonprofit corporation as the principal health

officer of the city.

Section 2334. Secretary.--The secretary of the board of

directors of [such] the nonprofit corporation under this

subdivision may serve as secretary of [such] the board of

health.

Section 2335. Filling of Vacancies.--[As the five year terms

of members of such board of health expire, and as vacancies

therein occur, the council of such city may appoint successors

to those whose terms shall have so expired for further terms of

five years, and appoint persons to fill vacancies in both cases

by selection of the then members of such board of directors,

including, in the case of vacancies, the persons in the said

board of directors who may be selected to fill the vacancies

therein. Such appointment in the case of a vacancy shall be for

the unexpired portion of the five year term.] City council may

appoint successors for vacancies on the board of health that

occur as five-year terms of board members expire. The successors

shall serve for five-year terms. City council may also appoint

successors to vacancies on the board of health that occur for

any other reason, but in such case the appointment shall be for

the unexpired portion of the five-year term. Successors, whether

appointed for a five-year term or the unexpired portion of a

five-year term, shall be selected from the members of the

nonprofit corporation's board of directors.

Section 141. Section 2336 of the act is repealed:

20110SB0874PN0890	- 247 -

[Section 2336. Appointment and Removal of Health Employes.--

The council of such city shall, in all cases where possible,

follow the recommendations of said board of health as to

appointment and removal of all persons having to do with the

administration of the public health affairs of the city. Such

appointees shall be required to pass any civil service

examination required by any civil service commission lawfully

established in such city.]

Section 142. Section 2337 of the act is amended to read:

Section 2337. No Compensation for Members.--The members of

[such] the board of health under this subdivision shall serve

without compensation from the city. [This subdivision (c) shall

be effective only under the circumstances set forth in section

two thousand three hundred and thirty.]

Section 143. The act is amended by adding a section to read:

Section 2338. Applicability of Subdivision.--This

subdivision (c) shall be effective only under the circumstances

set forth in section 2331.

Section 144. Article XXIII subdivision (d) heading of the

act is amended to read:

(d) [Penalties] Penalty

Section 145. Section 2340 of the act is amended to read:

Section 2340. Penalty.--Any person violating any provision

of this article or any order or regulation of the board of

health made under the authority of this article, or of any law,

or regulation or ordinance therein referred to or authorized, or

who shall obstruct or interfere with any person in the execution

of any order or regulation of [said] the board, or wilfully and

illegally omit to obey any [such] order or regulation of the

board, shall be guilty of a [misdemeanor, and, upon conviction,

20110SB0874PN0890	- 248 -

shall be sentenced to pay a fine not exceeding one hundred

dollars, or undergo imprisonment not exceeding ninety days, or

both, at the discretion of the court.] summary offense

punishable in accordance with section 1018.10.

Section 146. Article XXIV heading of the act is reenacted to

read:

ARTICLE XXIV

CORPORATE POWERS

Section 147. Section 2401 of the act is repealed:

[Section 2401. Existing Powers Saved.--The corporate powers

and the duties of the officers of cities, now in existence by

virtue of the laws of the Commonwealth, and not repealed by this

act, shall be and remain as now provided by law.]

Section 148. Section 2402 of the act is amended to read:

Section 2402. Powers of [City] Cities.--(a) Each city is

hereby declared to be a body corporate and politic, and shall

have perpetual succession, and may:

1. Sue and be sued;

[2. Purchase and hold real and personal property for the use

of the city;

3. Lease, sell and convey any real or personal property

owned by the city, and make such order respecting the same as

may be conducive to the interests of the city;

4. Make all contracts, and do all other acts in relation to

the property and affairs of the city necessary to the exercise

of its corporate or administrative powers;

5] 2. Have and use a corporate seal, and alter the same at

pleasure. Every such seal shall have upon it the word

"Pennsylvania," the name of the city, and the year of its

original incorporation;

20110SB0874PN0890	- 249 -

[6] 3. Display the flag of the Commonwealth or of any

county, city, borough or other municipality in the Commonwealth

on the public buildings of the city.

[7. To appropriate] 4. Appropriate money for the exercise

of powers expressed or implied in this act or any other

applicable law, and for like uses to accept gifts or grants of

money, other property or services from public or private

sources.

(b) The powers [hereby] granted in this act shall be

exercised [by the mayor and councilmen] in the manner herein

provided and consistent with section 1018.1.

Section 149. Section 2402.1 of the act, added September 21,

1959 (P.L.922, No.370), is amended to read:

Section 2402.1. [Sale of Real Estate.--The title to real

estate sold by any city after June 28, 1947, if the sale was

authorized by an ordinance or resolution of the city council of

said city, and not attacked in any proceeding instituted within

six years of the effective date of this amendment and the title

to real estate sold after the effective date of this amendment,

if the sale was authorized by an ordinance or resolution of the

city council of said city and is not attached in any proceeding

instituted within six years after date of such sale, is hereby

declared to be good and valid and free and clear of any defects

and any such person who is grantee thereunder, and his heirs,

successors and assigns, shall hold and may convey such real

estate and all conveyances made after June 28, 1947, are hereby

ratified and confirmed. Nothing in this section shall be

construed to apply to property which the city acquired other

than by purchase.] City Property and Affairs.--(a) In

exercising its discretion to make decisions that further the

20110SB0874PN0890	- 250 -

public interest under terms it deems most beneficial to the

city, council shall have the power and authority to do any of

the following:

(1) Purchase, hold, use and manage real and personal

property in a manner decided by council.

(2) Lease, sell and convey real and personal property owned

by the city in a manner decided by council.

(3) Make contracts and do all other acts respecting city

property and affairs as council may deem conducive to the public

interest and necessary to the exercise of the city's corporate

and administrative powers.

(b) In providing for the manner of selling real and personal

property of the city, council shall have the authority to

determine, in the exercise of reasonable discretion, the method

of sale and the selling price most beneficial to the public

interest. In the exercise of this authority, council shall have

the authority by ordinance to establish conditions pursuant to

which city-owned real or personal property shall be sold,

including sale to the highest bidder after advertising for bids.

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

20110SB0874PN0890	- 251 -

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, and in accordance

with the provisions of section 109, 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.

Section 150. Section 2402.2 of the act, amended July 31,

1968 (P.L.943, No.290), is repealed:

[Section 2402.2. Typewritten, Printed, Photostated and

Microfilmed Records Valid; Recording or Transcribing Records.--

All city records, required to be recorded or transcribed, shall

be deemed valid if typewritten, printed, photostated or

microfilmed, and where recording in a specified book of record

is required, except minutes of the proceedings of the council,

such records may be recorded or transcribed in a mechanical or

key-operated post binder book, or bound book with pages being

consecutively numbered by transcribing directly upon the pages

of such book of record or may be attached to such book of record

by stapling or by glue or any other adhesive substance or

material, and all records heretofore recorded or transcribed in

any manner authorized by this section are validated. The minutes

of proceedings of the council shall, in the manner prescribed by

this section for other records, be recorded in a bound book.

When any record shall be recorded or transcribed after the

effective date of this amendment by attaching such record or a

copy thereof to the book of record as hereinabove provided, the

city seal shall be impressed upon each page to which such record

20110SB0874PN0890	- 252 -

is attached, each impression thereof covering both a portion of

the attached record and a portion of the page of the book of

record to which such record is attached.]

Section 151. Section 2403 of the act, amended, added or

repealed in part August 24, 1953 (P.L.1337, No.380), May 20,

1957 (P.L.178, No.86), June 20, 1957 (P.L.346, No.188), June 24,

1959 (P.L.482, No.108), June 30, 1959 (P.L.496, No.121), May 23,

1961 (P.L.216, No.116), June 14, 1961 (P.L.370, No.204), June 8,

1965 (P.L.104, No.72), December 16, 1965 (P.L.1120, No.434),

November 24, 1967 (P.L.618, No.280), February 24, 1970 (P.L.63,

No.27), March 25, 1970 (P.L.225, No.92), July 29, 1971 (P.L.250,

No.61), October 4, 1978 (P.L.950, No.188), November 26, 1978

(P.L.1399, No.330), October 5, 1979 (P.L.195, No.64), November

1, 1979 (P.L.455, No.92), December 21, 1998 (P.L.1013, No.135)

and June 27, 2008 (P.L.196, No.31), is amended to read:

Section 2403. [Specific Powers.--In addition to other powers

granted by this act, the council of each city shall have power,

by ordinance:

1.] Payment of Debts and Expenses.--[To] Council may provide

for the payment of the debts and expenses of the city, and to

appropriate money therefor.

[1.1. Creation of Capital Reserve Fund for Anticipated

Capital Expenditures.--To create and maintain a separate capital

reserve fund for any anticipated legal capital expenditures,

which fund shall be designated for a specific purpose or

purposes at the time of its creation. The money in the fund

shall be used, from time to time, for the construction, purchase

or replacement of or addition to municipal buildings, equipment,

machinery, motor vehicles or other capital assets of the city as

specified at the time of the creation of the fund and for no

20110SB0874PN0890	- 253 -

other purpose: Provided, That it may be used for capital

expenditure other than the purpose or purposes specified at the

time it was created, if city council by a four-fifths vote shall

declare that the original purpose or purposes have become

impracticable, inadvisable or impossible, or that conditions

have arisen in the city which make other capital expenditures

more urgent than those for which the fund was created.

The council may appropriate moneys from the general city

funds to be paid into the capital reserve fund, or place in the

fund any moneys received from the sale, lease or other

disposition of any city property or from any other source unless

received or acquired for a particular purpose. The fund shall be

controlled, invested, reinvested and administered and the moneys

therein and income from such moneys expended for the specific

purpose or purposes for which the fund is created in such manner

as may be determined by the council. The money in the fund, when

invested, shall be invested in securities designated by law as

legal investments for sinking funds of municipalities.

2. Hiring of Employes; Salaries.--To provide for and

regulate the manner of hiring and discharging employes and

laborers, and the fixing of their salaries or compensation.

3. Creation of Necessary Offices, Boards or Departments.--To

create any office, public board, or department which it may deem

necessary for the good government and interests of the city,

and, unless otherwise provided by this act, appoint the members

of any board, bureau or commission; to prescribe the powers

thereof, and to regulate and prescribe the terms, duties and

compensation of all such officers, and of all officers who are

members of any public board or any department so created, but no

ordinance shall be passed increasing or diminishing the salary

20110SB0874PN0890	- 254 -

or compensation of any officer, or of any member of any board,

bureau or commission, after his or their appointment. The

provisions of this clause as to the creation of any public

board, bureau or commission, and prescribing the duties thereof,

shall not apply to the creation of any board of commissioners of

water-works of any city wherein the title to the water-works

therein located is in the name of the commissioners of water-

works.

4. Lock-ups and Police Stations.--To provide for the

erection, lease or purchase of lock-ups and police stations for

the detention and confinement of persons arrested for any cause,

or of persons convicted under city ordinances and sentenced for

periods not in excess of ten days.

5. Market Houses and Milk Depots.--To purchase, lease and

own ground for, and to erect, maintain, and establish, market

houses, milk depots, and market places, for which latter purpose

parts of any streets, sidewalks or city property may be

temporarily used; to provide and enforce suitable general market

regulations; to contract with any person or persons or

association of persons, companies, or corporations, for the

erection and regulation of market houses, milk depots, and

market places, on such terms and conditions and in such manner

as the council may prescribe; to raise all necessary revenue

therefor as herein provided; and to levy and collect a license

tax from every person or persons who may be authorized by

council to occupy any portion of the streets, sidewalks or city

property for temporary market purposes.

6. Collection and Removal of Garbage.--To provide for and

regulate the collection, removal and disposal of garbage, ashes

and other waste or refuse material, either by contract or by

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municipal conduct of such services, and to impose and collect,

by lien or otherwise, reasonable fees and charges therefor, and

to prescribe fines and penalties for the violation of ordinances

regulating such matters.

7. Comfort and Waiting Stations and Drinking Fountains;

Waiting Rooms in Court Houses.--To take, purchase or acquire,

property for the purpose of erecting, providing, maintaining,

and operating thereon comfort stations, waiting stations and

drinking fountains; and to construct and maintain such stations

and fountains on such property or in any of the streets or

public places within its corporate limits; to provide and equip

and maintain in the court house, in cooperation with the county

commissioners of the county wherein the city is situated,

whenever such city is the county seat, rest or waiting rooms and

provide attendants therefor. The cost of providing such waiting

and rest rooms, and of maintaining the same, including salaries

and all incidental expenses, shall be paid by the county, and by

the city, in such proportion as may be agreed upon.

8. Running at Large of Animals, Et Cetera.--To provide for

the erection of all needful pens, pounds, and other means of

confinement, within or without the city limits; to appoint

keepers thereof; and to regulate or prohibit the running or

being at large of stock and domestic animals, and fowls; and to

cause such as may be at large to be impounded and sold to

discharge the costs and penalties provided for the violations of

such prohibitions and the expenses of impounding and of keeping

the same and of such sale. To regulate the maintaining and care

of dogs within the city. To regulate or prohibit the keeping of

bee hives within the city.

9. Destruction of Dogs.--To destroy dogs found at large

20110SB0874PN0890	- 256 -

contrary to the laws of the Commonwealth, or to prohibit or

regulate, by its own ordinance, the running at large of dogs,

cats or other animals, and, in the enforcement of such

regulations, to direct the killing of dogs, cats or other

animals, or their seizure and detention, including reasonable

charges therefor, or to provide for their sale for the benefit

of the city. The powers herein expressed shall be exercised in

conformity with the Dog Law of 1921.

10. Inspection and Regulation of Fireplaces, Chimneys, Et

Cetera; Smoke Regulations.--To regulate the construction and

inspection of fireplaces, chimneys, stoves, stovepipes, ovens,

boilers, kettles, forges, or any apparatus used in any building,

manufactory, or business, and to order the suppression or

cleaning thereof when deemed necessary; to regulate and control

the production and emission of unnecessary smoke or fly-ash from

any chimney or other source, except railroad locomotives.

11. Manufacture, Sale, Storage and Transportation of

Explosives; Offensive Business.--To regulate or prohibit the

manufacture, sale, storage, or transportation of inflammable or

explosive substances within the city, and to regulate or

prohibit dangerous, obnoxious, or offensive business with the

city.

12. Regulation of Division Fences, Party Walls,

Foundations.--To provide regulations for party walls and

division fences and for the foundations of buildings, to enter

upon the land or lands, lot or lots, of any person or persons,

within the city, at all reasonable hours, by its duly appointed

city engineer, or building inspectors, in order to enforce such

regulations and set out foundations; and to prescribe reasonable

fees for the service of city officers in the inspection and

20110SB0874PN0890	- 257 -

regulation of party walls, division fences and foundations, and

to enforce the payment of the same. To provide fines or

penalties for violations of such regulations. In setting out

foundations and regulating party walls as to breadth and

thickness, the city shall cause the foundations to be laid

equally upon the lands of the persons between whom the party

wall is to be made, and the builder thereof or his successor in

interest shall be reimbursed one moiety of the charge of said

wall or for so much thereof as the next builder shall have

occasion to make use of before such next builder shall or may

use or break into said wall.

13. Public Wells, Cisterns, Aqueducts, and Reservoirs.--To

establish, make, and regulate public wells, cisterns, aqueducts,

and reservoirs, and to provide for filling the same.

14. Construction of Levees and Ferries; Deepening of

Channels.--Subject to the provisions of State law, to provide

for the construction and maintenance of levees and ferries

within the jurisdiction of the city and within the limits

thereof; to erect wharves on navigable waters adjacent to the

city, regulate the use thereof, collect wharfage, and establish

wharf and dock lines; to provide for protection against floods;

to construct and maintain docks, retaining walls, dams, or

embankments; and to remove obstructions from, deepen and widen

the channels of rivers and streams flowing through or adjacent

to the city.

15. Railroad Crossing; Flagmen; Speed of Locomotives.--

Subject to the provisions of the Public Utility Law, to provide

for and require the construction and maintenance of bridges or

other crossings over or under railroad tracks; and to enter into

contracts with railroad companies for the construction and

20110SB0874PN0890	- 258 -

maintenance of the same; to require the erection of safety-gates

and the placing of flagmen or warning devices at the

intersection of railroads with streets; to forbid the

obstruction of the said crossings by locomotives or railroad

cars; and to regulate the rate of speed at which locomotives,

cars or trains shall pass upon or across the streets within the

built-up portions of the city.

15.1. Railroad Companies; Conveyances and Grants of Rights

of Way.--Subject to the provisions of the Public Utility Law, to

lease, license or grant rights of way to railroad companies

through tunnels or over bridges and viaducts, to enter into

agreements with railroad companies for the maintenance of any

such tunnels, bridges or viaducts, and to convey such tunnels,

bridges or viaducts to railroad companies that have paid in part

for their construction, where legal title to said tunnels,

bridges or viaducts is not vested in the city but will vest in

the city by operation of law or under the terms of any contract.

16. Nuisances and Obstructions.--To prohibit nuisances,

including, but not limited to, accumulations of garbage and

rubbish and the storage of abandoned or junked automobiles or

other vehicles on private or public property, and the carrying

on of any offensive manufacture or business, and to require the

removal of any nuisance or dangerous structure from public or

private places upon notice to the owner, and, upon his default,

to cause such removal and collect the cost thereof, together

with a penalty of ten per centum of such cost, from the owner,

by an action in assumpsit. The cost of removal and the penalty

may be entered as a lien against such property in accordance

with existing provisions of law. In the exercise of the powers

herein conferred, the city may institute proceedings in courts

20110SB0874PN0890	- 259 -

of equity.

17. Regulation of Signs, Porches, Et Cetera.--To regulate,

by uniform rules and regulations, porches, porticoes, benches,

doorsteps, railings, bulk, bay or jut windows, areas, cellar

doors and cellar windows, signs and sign posts, boards, poles or

frames, awnings, awning posts, or other devices or things,

projecting over, under, into or otherwise occupying the

sidewalks or other portion of any of the streets, the building

of cellars and basement ways and other excavations through or

under the sidewalks, and boxes, bales, barrels, hogsheads,

crates, or articles of merchandise, lumber, coal, wood, ashes,

building materials, or any other article or thing whatsoever,

placed in or upon any of the said sidewalks or other portion of

said streets; and also to prevent and require or cause the

removal of, upon notice, all encroachments thereon. In the

exercise of the powers herein conferred, the city shall have the

same remedies, penalties and procedures as are expressed in

clause 16 of this article.

18. Trees.--To regulate the planting, trimming, care and

protection of shade trees in or extending over the streets.

19. Numbering of Buildings.--To require and regulate the

numbering of buildings and lots.

20. Cab-stands.--To establish stands for coaches, cabs,

omnibuses, carriages, wagons, automobiles, and other vehicles

for hire, and to enforce the observance and use thereof.

21. Police Force.--To establish and maintain a police force,

and define the duties of the same.

22. Police Protection, Et Cetera, Parks, Et Cetera;

Commitment of Professional Thieves.--To establish and enforce

suitable police regulations for the protection of persons and

20110SB0874PN0890	- 260 -

property at public squares, parks, depots, depot grounds, and

other places of public resort, owned, controlled or managed by

the city or an agency or bureau thereof, whether within or

without the city, in whole or in part, and for the arrest and

commitment of professional thieves, and suspicious persons found

in any part of the city who can give no reasonable account of

themselves. The mayor or any alderman of the city shall have

jurisdiction to hear and determine violations of such ordinances

and to impose any judgment or penalty therefor as provided in

such ordinances.

23. Rewards for Apprehension of Certain Criminals.--To offer

rewards for the arrest and conviction of persons guilty of

capital or other crimes within the city.

24. Gaming, Prostitution, Et Cetera.--To restrain, prohibit,

and suppress houses of prostitution, gambling houses, gaming,

cock or dog fighting, and other disorderly or unlawful

establishments or practices, desecration of the Sabbath day,

commonly called Sunday, and all kinds of public indecencies.

25. Prevent Riots.--To prevent and restrain riots, noises,

disturbances, or disorderly assemblies in any street, house, or

place in the city.

26. Regulate Guns, Et Cetera.--To regulate, prohibit, and

prevent the discharge of guns, rockets, powder, or any other

dangerous instrument or combustible material within the city,

and to prevent the carrying of concealed deadly weapons.

27. Sale and Use of Fireworks.--To regulate or prohibit and

prevent the sale, use and discharge of fireworks, firecrackers,

sparklers, and other pyrotechnics.

28. Arrest of Vagrants.--To arrest, fine, or set at work on

the streets, or elsewhere, all vagrants found in said city.

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29. Racing; Dangerous Practices; Et Cetera.--To prevent the

racing of horses, cars and other vehicles, fast driving or

riding in the streets or public places in the city, and all

games, practices, or amusements, therein likely to result in

danger or damages to any person or property.

30. Riding or Driving on Sidewalks.--To prevent or regulate

the riding or driving of animals, or the passage of any vehicle

over, along and across sidewalks, and to regulate the passing of

the same through the streets.

31. Regulations of Skating-Rinks, Theatres, Et Cetera.--

Subject to the provisions of general laws of the Commonwealth

regarding the same, to regulate all skating-rinks, operas,

theatres, concerts, shows, circuses, menageries, and all kinds

of public exhibitions for pay (except those for religious,

educational or charitable purposes); and to restrain and

prohibit, under fines or penalties, all exhibitions of indecent

or immoral character.

32. Bathing; Boat Houses and Bath Houses.--To regulate the

time and place of bathing in rivers and other public water in

and adjoining the said city, and to construct, maintain and

manage municipal boat houses and bath houses.

33. Prohibition of Fire Producing Devices in Certain Retail

Stores.--To prohibit the smoking or carrying of lighted

cigarettes, cigars, pipes or matches, and the use of matches or

fire producing devices, in retail stores arranged to accommodate

one hundred persons or more, or which employ ten or more

employes: Provided, That any such ordinance passed under this

provision shall not prohibit smoking in any restaurant room,

rest room, beauty parlor, executive office, or any room

designated for smoking in such store. To provide penalties for

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the violation of such ordinances.

34. Appropriations to Post of Veterans.--To appropriate

annually to each camp of the United States War Veterans in the

city, and to each post of the American Legion, and to each post

of the Veterans of Foreign Wars, and to each post of the

Veterans of World War I of the U. S. A., Inc., and to each post

of the American Veterans of World War II (AMVETS), to each post

of the Catholic War Veterans, Inc., and to each detachment of

the Marine Corps League, and to each Naval Association, and to

each post of the Grand Army of the Republic, and to each post of

the Disabled American Veterans of the World War, and to each

chapter of the Military Order of the Purple Heart, and to each

post of the Jewish War Veterans, and to each organization of

American Gold Star Mothers, and to each post of the Italian

American War Veterans of the United States, Incorporated, and to

any other such organization of ex-service persons in the city,

incorporated under the laws of the Commonwealth, a sum not to

exceed three hundred dollars, to aid in defraying the expenses

of Memorial Day and Armistice Day. Where the Grand Army of the

Republic has ceased to exist or to function, such appropriation

may be made to the Sons of Union Veterans of the Civil War, or,

in the absence of such order, to a duly constituted organization

which conducts the decorating of the graves of Union veterans of

the Civil War. Such payments shall be made to defray actual

expenses only. Before any payment is made, the organization

receiving the same shall submit verified accounts of their

expenditures.

35. Support of National Guard Units.--To appropriate

annually a sum not exceeding seven hundred and fifty dollars for

the support and maintenance, discipline and training of any

20110SB0874PN0890	- 263 -

dismounted company or similar unit of the National Guard, and a

sum not to exceed fifteen hundred dollars for the support and

maintenance of any mounted or motorized troop or similar unit of

the National Guard. Where such units are organized as a

battalion, regiment or similar organization, the total amount

due may be paid to the commanding officer of the battalion,

regiment or similar organization. Any moneys so appropriated

shall be paid by warrant drawn to the order of the commanding

officer of such company, battalion, regiment or similar

organization, only when it shall be certified to the city, by

the Adjutant General of the Commonwealth, that the said company

or companies have satisfactorily passed the annual inspection

provided by law. The moneys so appropriated shall be used and

expended solely and exclusively for the support and maintenance,

discipline and training of the said company, battalion,

regiment, or similar organization; and the commanding officer

shall account, by proper vouchers to the said city each year,

for the expenditure of the money so appropriated, and no

appropriation shall be made for any subsequent year until the

expenditure of the previous year is duly and satisfactorily

accounted for.

The accounts of such expenditures shall be subject to the

inspection of the Department of Military Affairs, and shall be

audited by the city controller in the manner provided by this

act for the audit of accounts of city moneys.

36. Appropriation of Money, Et Cetera, to Assist in Erection

of Armories.--To appropriate money or convey land, either

independently or in conjunction with any other political

subdivision, to the Commonwealth, for the purpose of assisting

the Armory Board of the State of Pennsylvania in the erection of

20110SB0874PN0890	- 264 -

armories for the use of the National Guard, and to furnish

water, sewer services, light, or fuel free of cost to the

Commonwealth for use in any armory of the National Guard; and to

do all things necessary to accomplish the purpose of this

clause.

37. Eminent Domain for National Guard Purposes.--To take, by

right of eminent domain, for the purpose of appropriating to

itself for the use of the National Guard of Pennsylvania, such

public lands, [easments] easements, and public property as may

be in its possession or control and used or held by it for any

other purpose. Such right, however, shall not be exercised as to

any street or wharf.

38. Lands for Armory Purposes.--To acquire, by purchase or

by gift, or by the right of eminent domain, any land for the use

of the National Guard of Pennsylvania; and to convey such lands

so acquired to the Commonwealth in order to assist the Armory

Board in the erection of armories. The power conferred by this

clause shall not be exercised to take any church property,

grave-yard, or cemetery. Lands within three miles outside the

limits of the city may be acquired in like manner for the use of

the National Guard.

39. Purchase of Burial Grounds for Deceased Service

Persons.--To appropriate money for and purchase plots of ground

in any cemetery or burial ground, within their respective

limits, for the interment of such deceased service persons as

shall hereafter die within such city, or shall die beyond such

city and shall have a legal residence within such city at the

time of their death, and whose bodies are entitled to be buried

by the county under the provisions of existing laws.

40. Payment of Rent for Veterans' Organizations.--By a two-

20110SB0874PN0890	- 265 -

third vote of the council, to appropriate money to any

incorporated organization of veterans of any war in which the

United States was engaged, to be used in the payment of the rent

of any building or rooms in which such organization has its

regular meetings.

41. Rooms for Meetings of Veterans.--To furnish, upon

application, to each organization composed of veterans of the

Civil War, veterans of the Spanish American War, veterans of the

World War or World War II, veterans of any foreign war, and

children of veterans, a room or rooms in any public building of

such city, sufficient for the meeting of each of such

organizations at least once each month.

42. Care of Memorials.--To take charge of, care for,

maintain, and keep in good order and repair, at the expense of

the city, any soldiers' monument, gun or carriage, or similar

memorial, situate in the city, and not in the charge or care of

any person, body, or organization, and not put up or placed by

the Government of the United States, the Commonwealth of

Pennsylvania, the commissioners of the county, or by the

direction or authority of any other state of the Union, and to

receive from any person or organization any moneys or funds

which can be used for the benefit of such memorials, and to

expend the same.

43. Manufacture and Sale of Ice.--To manufacture ice, and to

sell the same to the inhabitants of the city at such rates as

shall be fixed by ordinance, and to erect, equip, and maintain

such buildings and other structures, and purchase or hire and

maintain such vehicles, as may be deemed necessary for such

purpose.

44. Inspection of Milk.--To provide for the inspection of

20110SB0874PN0890	- 266 -

milk sold or consumed within the city and milk depots, and

dairies which offer milk or milk products for retail sale within

the city, under such rules and regulations as will protect the

people from adulteration and dilution of the same.

45. Municipal Music.--To appropriate money to defray the

expenses of musical entertainments held under the auspices of

the city, and for the purpose of having music in any public park

or place.

46. Regulation and Licensing of Auction Sales.--To regulate

and license sales of merchandise at public auction, other than

judicial sales, sales by executors or administrators, or sales

by or in behalf of licensed pawnbrokers of unredeemed pledges in

the manner provided by law.

47. Aid to Historical Societies.--To make annual

appropriations not exceeding one thousand dollars for the

support and maintenance of the principal historical society

located therein, which shall be incorporated under the laws of

the Commonwealth, shall maintain permanent quarters and shall

keep the same open to the public, shall have a membership of at

least one hundred persons who have paid into the treasury of the

society a membership fee of at least two dollars for the support

of the society, shall hold, annually, at least two regular

meetings that shall be open to the public, and shall at all

times maintain facilities for the free storage, deposit, and

inspection of official documents and records of the city, and

other proper public or historical archives and records.

48. Establishment of Institutions to Collect Educational

Collections.--To establish institutions authorized to collect

and hold certain scientific, educational and economic

collections, the object of each being the instruction of the

20110SB0874PN0890	- 267 -

public concerning commerce, manufacturing, mining, and

agriculture; said institutions to have power to purchase or

accept by gift any real estate, money, or personal property

necessary for their use and promotion, and power to use, convey,

or transfer the same, as if they were bodies corporate, to be

governed by boards of trustees, nominated, appointed, and

confirmed in such manner as council may determine.

49. Sprinkling of Streets.--To cause any street, or part

thereof, not less than one block, to be sprinkled with water or,

if such street is paved, to be cleaned during such time as it

may be necessary, at the expense of the owners of property

abutting upon the same. Upon the petition of the owners of such

property, who shall represent a majority of the feet front on

the street or part thereof, it shall be the duty of council to

cause such sprinkling or cleaning to be done at the expense of

the owners of property abutting thereon. Council may cause such

sprinkling to be done with the water of the city, when water

works are owned or operated by the city, and the sprinkling

carts and apparatus owned by the city, or may contract for the

use of said carts and apparatus with the lowest responsible

bidder.

50. Electric Wires may be Placed Underground in Certain

Districts.--To define a reasonable district within which all

electric light wires, telephone and telegraph wires shall be

placed under ground in conduits owned and constructed either by

the municipality or by corporations owning such wires, or by

corporations organized for the purpose of laying such conduits

and renting space therein. In all cases in which such conduits

are owned by any private corporation, partnership, or

individual, there shall be reserved to the city, whether

20110SB0874PN0890	- 268 -

expressed in the ordinance or not, the right to regulate, by

ordinance, the manner in which such conduit shall be used, and

the terms and conditions of such use, and also the right to take

such conduits, either by purchase, upon agreement of the owners

thereof and the city, or by condemnation proceedings; in which

latter case the proceedings for the assessment of damages shall

be the same as provided in this act for property taken, injured

or destroyed.

The court of quarter sessions upon the appeal of any person

may review any ordinance passed in pursuance of this clause, and

may annul such ordinance if deemed unreasonable, capricious or

arbitrary, such appeal to be taken within thirty days from the

approval of such ordinance.

51. Ambulances and Service; Maintenance.--To acquire, by

purchase, gift or bequest, or to operate and maintain ambulances

or ambulance service for the purposes of conveying sick and

injured persons in the city and the vicinity to and from

hospitals, or in lieu thereof, to hire a private ambulance

service, and, for such purposes, to appropriate and expend

moneys of the city; or to appropriate money annually toward a

nonprofit community ambulance service. All appropriations of

money heretofore made and contracts for hire of private

ambulance service heretofore entered into by any city are hereby

validated and confirmed.

52. Weighing and Measuring of Commodities.--To regulate the

weighing and measuring of every commodity sold in the city, in

all cases not otherwise provided for by law, including the

measuring of gas, water, and electric currents; to provide for

and regulate the inspection and weighing of hay, grain, and

coal, and the measuring of wood, bark, and fuel, to be used in

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the city, and to designate the place or places of inspecting and

weighing the same; to regulate and prescribe the place or places

for exposing for sale hay, coal, bark and wood; to demand and

receive reasonable fees for such inspection, weighing and

measuring; for the regulation and stamping of weights and

measures; and the regulation and inspection of meters, except as

otherwise provided by law.

53. Insurance.--To make contracts of insurance with any

mutual or other fire insurance company, association or exchange,

duly authorized by law to transact insurance business in the

Commonwealth of Pennsylvania, on any building or property owned

by the city.

To make contracts of insurance with any insurance company, or

nonprofit hospitalization corporation, or nonprofit medical

service corporation, authorized to transact insurance business

within the Commonwealth, insuring its elected or appointed

officers, officials and employes, or any class or classes

thereof, or their dependents, under a policy or policies of

group insurance covering life, health, hospitalization, medical

service, or accident insurance, and to contract with any such

company granting annuities or pensions for the pensioning of

such persons; and, for such purposes, to agree to pay part or

all of the premiums or charges for carrying such contracts, and

to appropriate out of its treasury any money necessary to pay

such premiums or charges, or portions thereof. All contracts

procured hereunder shall conform and be subject to all the

provisions of any existing or future laws concerning group

insurance and group annuity contracts. The proper officer,

agency, board or commission of the city having authority to

enter into such contracts of insurance is hereby authorized,

20110SB0874PN0890	- 270 -

enabled and permitted to deduct from the officer's or employe's

pay, salary or compensation, such part of the premium as is

payable by the officer or employe and as may be so authorized by

the officer or employe in writing.

53.1. Liability Insurance.--

54. Parking Lots.--To acquire by lease, purchase, or

condemnation proceedings, any land which in the judgment of city

council may be necessary and desirable for the purpose of

establishing and maintaining lots for the parking of motor

vehicles, and for no other use or purpose, and to regulate the

use thereof and to establish or designate, at the discretion of

council, areas exclusively reserved for parking by handicapped

individuals and to post signs regulating such areas.

55. Disorderly Conduct.--To define disorderly conduct within

the limits of the city and to provide for the imposition of

penalties for such conduct in such amounts, without limitation

except as in this act provided, as council shall establish, and

notwithstanding any statutes of the Commonwealth upon disorderly

conduct and the penalties therefor.

56. Official Expenses on City Business.--To make

appropriations for the reasonable expenses of city officials

actually incurred in the conduct of city business.

57. Insurance Against Burglary, Etc.--To insure against

burglary or theft of city property, or against fire and other

calamities, and against public liability.

58. To Provide Against Hazards of War.--To build or

establish bomb shelters or assist in so doing to provide against

all hazards of war and their consequences; and for all such

purposes, to have the power of eminent domain, to cooperate with

any other unit and agency of government, Federal, State, or

20110SB0874PN0890	- 271 -

local, in every lawful way, for purposes of defense and against

the hazards of war.

59. Municipality Authorities; Cooperation with Other

Political Subdivisions.--To form municipality authorities as

authorized by law. To cooperate with other political

subdivisions in the conduct of city affairs as authorized by

law.

60. Local Self-Government.--In addition to the powers and

authority vested in each city by the provisions of this act, to

make and adopt all such ordinances, by-laws, rules and

regulations, not inconsistent with or restrained by the

Constitution and laws of this Commonwealth, as may be expedient

or necessary for the proper management, care and control of the

city and its finances, and the maintenance of the peace, good

government, safety and welfare of the city, and its trade,

commerce and manufactures; and also all such ordinances, by-

laws, rules and regulations as may be necessary in and to the

exercise of the powers and authority of local self-government in

all municipal affairs; and the said ordinances, by-laws, rules

and regulations to alter, modify, and repeal at pleasure; and to

enforce all ordinances inflicting penalties upon inhabitants or

other persons for violations thereof, and impose penalties in

accordance with section 4131.1: Provided, however, That no

ordinance, by-law, rule or regulation shall be made or passed

which contravenes or violates any of the provisions of the

Constitution of the United States or of this Commonwealth, or of

any act of Assembly heretofore or that may be hereafter passed

and in force in said city.

61. Historical Property.--To acquire by purchase or by gift,

and to repair, supervise, operate and maintain ancient landmarks

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and other property of historical or antiquarian interest, which

is either listed in the Catalogue of Historical Sites and

Buildings in Pennsylvania issued by the Joint State Government

Commission, or approved for acquisition by the Pennsylvania

Historical and Museum Commission as having historical

significance.

62. Appropriations for Handling, Storage and Distribution of

Surplus Foods.--The council of any city to which this act

applies may appropriate from city funds moneys for the handling,

storage and distribution of surplus foods obtained either

through a local, State or Federal agency.

All appropriations of moneys heretofore made by the council

of any city for the handling, storage and distribution of

surplus foods obtained, either through a local, State or Federal

agency, are hereby validated.

63. Junk Dealers and Junk Yards.--To regulate and license

junk dealers and the establishment and maintenance of junk yards

and scrap yards including, but not limited to, automobile junk

or grave yards.

64. Appropriations for Industrial Promotions.--To make

appropriations to an industrial development agency as defined in

section 3, act of May 31, 1956 (P.L.1911), known as the

"Industrial Development Assistance Law," when the city is

located within the area for which the agency has been authorized

to make application to and receive grants from the Department of

Commerce for the purposes specified in the "Industrial

Development Assistance Law."

65. Non-debt Revenue Bonds.--To issue non-debt revenue bonds

pursuant to provisions of the act of June 25, 1941 (P.L.159),

known as the "Municipal Borrowing Law," and its amendments, to

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provide sufficient moneys for and toward the acquisition,

construction, reconstruction, extension or improvement of

municipal facilities, including water systems or facilities,

sewers, sewer systems and sewage disposal systems or facilities,

systems for the treatment or disposal of garbage and refuse,

buildings, machinery and apparatus for manufacturing and

distributing electric, gas or light, aeronautical facilities

including but not limited to airports, terminals and hangars,

park and recreational facilities, parking lots and public

auditoriums to be secured solely by the pledge of the whole or

part of the rent, toll or charge for the use or services of such

facilities. Included in the cost of the issue may be any costs

and expenses incident to constructing and financing the

facilities and selling and distributing the bonds.

66. Appropriations for Urban Common Carrier Mass

Transportation.--To appropriate funds for urban common carrier

mass transportation purposes from current revenues and to make

annual contributions to county departments of transportation or

to urban common carrier mass transportation authorities to

assist the departments or the authorities to meet costs of

operation, maintenance, capital improvements, and debt service,

and to enter into long-term agreements providing for the payment

of the said contributions.

67. Adoption and Amendment of Codes by Reference.--To

incorporate by reference the provisions of any code or portions

of any code, or any amendment thereof, properly identified as to

date and source, without setting forth in full the provisions to

be adopted: Provided, however, That no portion of any code which

limits the work to be performed to any type of construction

contractor, or labor or mechanic classification shall be

20110SB0874PN0890	- 274 -

adopted. Not less than three copies of such code, portion, or

amendment which is incorporated or adopted by reference, shall

be filed with the clerk of the city and kept with the city

ordinance book, and available for public use, inspection and

examination. The filing requirements herein prescribed shall not

be deemed to be complied with unless the required copies of such

codes, portion, or amendment or public record are filed with the

clerk of such city at least ten days before council considers

the proposed ordinance.

Any ordinance adopted by reference to any code shall be

enacted within sixty days after it is filed with the clerk of

the city, and shall only encompass the provisions of the code

effective as of the code date stated in the ordinance. Any

subsequent changes in the code shall be adopted by the city

before they may become effective as an ordinance of the city.

Any city that has adopted any code by reference may adopt

subsequent ordinances which incorporate by reference any

subsequent changes thereof, properly identified as to date and

source, as may be adopted by the agency or association which

promulgated the code.

Any ordinances which incorporate code amendments by reference

shall become effective after the same procedure and in the same

manner as is herein specified for original adoption of any such

code.

68. Appropriation for Nonprofit Art Corporation.--To

appropriate moneys annually, not exceeding an amount equal to

one mill of the real estate tax to any nonprofit art corporation

for the conduct of its artistic and cultural activities. For the

purposes of this section nonprofit art corporation shall mean a

local arts council, commission or coordinating agency, or any

20110SB0874PN0890	- 275 -

other nonprofit corporation engaged in the production or display

of works of art, including the visual, written or performing

arts. Artistic and cultural activities shall include the display

or production of theater, music, dance, painting, architecture,

sculpture, arts and crafts, photography, film, graphic arts and

design and creative writing.

69. Emergency Services.--(a) The city shall be responsible

for ensuring that fire and emergency medical services are

provided within the city by the means and to the extent

determined by the city, including the appropriate financial and

administrative assistance for these services.

(b) The city shall consult with fire and emergency medical

services providers to discuss the emergency services needs of

the city.

organizations receiving city funds to provide to the city an

annual itemized listing of all expenditures of these funds

before the city may consider budgeting additional funding to the

organization.]

Section 152. The act is amended by adding sections to read:

Section 2404. Creation of Capital and Operating Reserve

Funds.--(a) Council may create and maintain a separate capital

reserve fund for any anticipated capital expenses, which fund

shall be designated for a specific purpose or purposes when

created. The moneys in the fund shall be used for no other

purpose unless the council declares that conditions in the city

make other expenses more urgent than those for which the fund

was created. Council may appropriate moneys from the general

city funds to be paid into the capital reserve fund or place in

the fund any moneys received from the sale, lease or other

20110SB0874PN0890	- 276 -

disposition of any city property or from any other source.

(b) With regard to an operating reserve fund the following

shall apply:

(1) Council shall have the power to create and maintain a

separate operating reserve fund in order to:

(i) minimize future revenue shortfalls and deficits;

(ii) provide greater continuity and predictability in the

funding of vital government services;

(iii) minimize the need to increase taxes to balance the

budget in times of fiscal distress; and

(iv) provide the capacity to undertake long-range financial

planning and to develop fiscal resources to meet long-term

needs.

(2) Council may annually make appropriations from the

general city fund to the operating reserve fund, but no

appropriation shall be made to the operating reserve fund if the

effect of the appropriation would cause the fund to exceed five

per centum of the estimated revenues of the city's general fund

in the current fiscal year.

(3) Council may at any time by resolution make

appropriations from the operating reserve fund for the following

purposes only:

(i) to meet emergencies involving the health, safety or

welfare of the residents of the city;

(ii) to counterbalance potential budget deficits resulting

from shortfalls in anticipated revenues or program receipts from

whatever source; or

(iii) to provide for anticipated operating expenditures

related either to the planned growth of existing projects or

programs or to the establishment of new projects or programs if,

20110SB0874PN0890	- 277 -

for each such project or program, appropriations have been made

and allocated to a separate restricted account established

within the operating reserve fund.

and administered in a manner consistent with the provisions of

this act relating to the investment of city funds generally.

Section 2405. Hiring of Employes; Salaries.--Council may

provide for and regulate the manner of hiring and discharging

employes and the fixing of their salaries or compensation,

consistent with applicable Federal and State law.

Section 2406. Creation of Necessary Offices or Boards.--In

addition to the city departments established in accordance with

Article XI, council may create any city office, or public board,

bureau or commission, which it may deem necessary for the good

government and interests of the city, and, with regard to an

office or membership on a board, bureau or commission, unless

otherwise provided by this act, council may make appointments

thereto and regulate and prescribe the terms, duties and

compensation thereof.

Section 2407. Lockups.--(a) Council may provide for lockup

facilities as deemed necessary for the detention and confinement

of persons.

(b) No city shall erect or construct a city jail or lockup,

or use any existing building or lockup for the first time that

will be or is located within five hundred feet of any public

school building.

Section 2408. Market Places.--Council may:

(1) Purchase, lease and own ground for market places;

(2) Erect, maintain, and establish market places;

(3) Provide for and enforce suitable general market

20110SB0874PN0890	- 278 -

regulations;

(4) Contract with any person or persons or association of

persons, companies or corporations for the erection and

regulation of market places, on such terms and conditions and in

such manner as council may prescribe; and

(5) Levy and collect a license fee from every person or

persons who may be authorized by council to occupy any portion

of the streets, sidewalks or city property for temporary market

purposes.

Section 2409. Accumulation of Ashes, Garbage, Solid Waste

and Refuse Materials.--(a) Council in the manner authorized by

the act of July 7, 1980 (P.L.380, No.97), known as the "Solid

Waste Management Act," and the act of July 28, 1988 (P.L.556,

No.101), known as the "Municipal Waste Planning, Recycling and

Waste Reduction Act," may prohibit accumulations of ashes,

garbage, solid waste and other refuse materials upon private

property, including the imposition and collection of reasonable

fees and charges for the collection, removal and disposal

thereof.

(b) Council may collect and remove, by contract or

otherwise, ashes, garbage, solid waste and other refuse

materials and recyclables and prescribe penalties for the

enforcement thereof. Any contract with refuse haulers may be

made for an initial period not exceeding five years with

optional renewal periods of up to five years. This limitation

does not apply to contracts with any other county or municipal

corporation.

garbage, solid waste or other refuse materials. Any contract

with the owner of a private facility for the disposal or

20110SB0874PN0890	- 279 -

incineration of ashes, garbage, solid waste or other refuse

materials may be made for a period not exceeding twenty years.

This limitation does not apply to contracts with any county or

municipal corporation.

(d) Council may acquire any real property and erect,

maintain, improve, operate and lease, either as lessor or

lessee, facilities for incineration, landfill or other methods

of disposal, either inside or outside the limits of the city,

including equipment, either separately or jointly, with any

county or municipal corporation in order to provide for the

destruction, collection, removal and disposal of ashes, garbage,

solid waste or other refuse materials, for the collection and

storage of recyclable materials or for the composting of leaf

and yard waste. Council may provide for the payment of the cost

thereof out of the funds of the city. Council may acquire land

for landfill purposes, either amicably or by exercising the

power of eminent domain, and maintain lands and places for the

dumping of ashes, garbage, solid waste or other refuse

materials. If council acquires land outside the limits of the

city by exercising the power of eminent domain, the taking shall

be subject to the limitations in 26 Pa.C.S. § 206 (relating to

extraterritorial takings).

(e) Council may establish, alter, charge and collect rates

and other charges for the collection, removal and disposal of

ashes, garbage, solid waste, other refuse materials and

recyclable materials, and the cost of including the payment of

any indebtedness incurred for the construction, purchase,

improvement, repair, maintenance and operation of any facilities

therefore, and the amount due under any contract with any county

or municipal corporation furnishing the services or facilities.

20110SB0874PN0890	- 280 -

The rates and other charges shall be collected pursuant to the

Municipal Claim and Tax Lien Law, or by an action in assumpsit.

(f) Council may make appropriations to any county or

municipal corporation for the construction, purchase,

improvement, repair, maintenance and operation of any facilities

for the collection, removal, disposal or marketing of ashes,

garbage, solid waste, other refuse materials, recyclable

materials or composted leaf and yard waste.

(g) A city shall not be subject to requirements otherwise

imposed by law for the sale of personal property owned by the

city when selling recyclable materials or materials separated,

collected, recovered or created by recycling, as provided in the

act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding

the sale of recyclable material from political subdivision

personal property sale restrictions relating to advertising and

bidding."

Section 2410. Regulation of Pets and Feral Animals.--Council

may, by ordinance, prohibit and regulate the running at large of

dogs, cats, other pets and feral animals.

Section 2411. Inspection and Regulation of Fireplaces,

Chimneys, Et Cetera; Smoke Regulations.--In conformity with

Federal and State laws and regulations, council may regulate and

inspect fireplaces, chimneys and other sources of smoke and fly-

ash to control the production and emission of unnecessary smoke

and fly-ash.

Section 2412. Fireworks and Inflammable Articles.--In

conformity with Federal and State laws and regulations, council

may:

(1) Regulate and prohibit the manufacture of fireworks or

inflammable or dangerous articles.

20110SB0874PN0890	- 281 -

(2) Grant permits for supervised public displays of

fireworks and adopt rules and regulations governing the

displays.

(3) Adopt rules and regulations not inconsistent with State

regulations relating to the storage of inflammable articles.

(4) Impose other safeguards concerning inflammable articles

as may be necessary including the discharge of rockets, powder

or any other dangerous instrument or combustible material within

the city.

Section 2413. Regulation of Division Fences, Party Walls,

Foundations.--(a) Subject to the provisions of, and regulations

adopted pursuant to, the act of November 10, 1999 (P.L.491,

No.45), known as the "Pennsylvania Construction Code Act," and

other applicable law, council may provide regulations for party

walls and division fences and for the foundations of buildings,

and for entering upon the land or lands, lot or lots, of any

person or persons, within the city, at all reasonable hours, by

its duly appointed city engineer, or building inspectors, in

order to enforce the regulations and set out foundations.

Council may also prescribe reasonable fees for the service of

city officers in the inspection and regulation of party walls,

division fences and foundations, and may enforce the payment of

the same. Council may provide fines or penalties for violations

of an ordinance enacted pursuant to this section.

(b) In setting out foundations and regulating party walls as

to breadth and thickness, the city shall cause the foundations

to be laid equally upon the lands of the persons between whom

the party wall is to be made. The cost of the foundation and

party wall shall be divided proportionately among the property

owners sharing the same. The property owners shall either share

20110SB0874PN0890	- 282 -

the expense when the foundation is laid and the party wall is

erected, or when the subsequent building is erected if all

buildings are not erected at the same time.

Section 2414. Nuisances.--Council may prohibit and abate

public nuisances in accordance with Article XXVII-A.

Section 2415. Regulation of Encroachments.--In compliance

with applicable State laws and city ordinances, council may

provide for the regulation of all encroachments in, under or

upon any of the sidewalks or other portion of the streets of the

city.

Section 2416. Shade Trees.--(a) Council may, by ordinance,

regulate the manner and method, if any, for the planting,

trimming, removing, maintaining and protection of shade trees

in, on and along or extending over the public streets, sidewalks

and rights-of-way of the city, and provide for penalties for

violations thereof. The cost of such activities may, at

council's discretion, be assessed against the owners of the

properties abutting the street, sidewalk or right-of-way upon

which any tree is located pursuant to Article XLV-A, except that

the cost and expense of caring for trees after they have been

planted shall be paid by the city.

(b) Council may, by ordinance, provide for the creation of a

shade tree commission, its composition, powers and duties and

delegate council's authority for regulating shade trees to the

commission. Alternatively, council may delegate its regulatory

powers for shade trees to an existing department.

Section 2417. Numbering of Buildings.--Council may require

and regulate the numbering of buildings and lots.

Section 2418. Transportation Stands.--Council may establish

stands for taxis, buses, automobiles, and other vehicles for

20110SB0874PN0890	- 283 -

hire, and enforce the observance and use thereof.

Section 2419. Police Force.--(a) Council shall have the

power to establish and maintain a police force, and define the

duties of the same in accordance with Article XX.

(b) Subject to the requirements of 53 Pa.C.S. Ch. 23 Subch.

A (relating to intergovernmental cooperation), council shall

have the power to provide for police services by contract or by

purchase of police services or by joining or developing a

consolidated regional police service.

Section 2420. Police Regulations.--Council may establish and

enforce suitable police regulations for the protection of

persons and property.

Section 2421. Rewards.--Council may offer rewards for the

arrest and conviction of persons guilty of capital or other

crimes within the city.

Section 2422. Prevent Riots.--Council may prevent and

restrain riots, noises, disturbances or disorderly assemblies in

any street, house or place in the city.

Section 2423. Regulate Discharge of Guns and Deadly

Weapons.--To the extent permitted by Federal and other State

law, council may regulate, prohibit, prevent the discharge of

guns and prevent the carrying of concealed deadly weapons.

Section 2424. Racing; Dangerous Practices; Et Cetera.--With

regard to streets and public places in the city, council may

regulate or prohibit racing or fast driving of vehicles, and all

games, practices or amusements likely to result in danger or

damages to any person or property.

Section 2425. Bathing; Recreational Swimming Establishments;

Boat Houses and Bath Houses.--To the extent permitted by the act

of June 23, 1931 (P.L.899, No.299), known as the "Public Bathing

20110SB0874PN0890	- 284 -

Law," council may regulate the time and place of bathing in

rivers and other public water in and adjoining the city, and may

construct, maintain and manage municipal boat houses, bath

houses and recreational swimming establishments.

Section 2426. Musical Entertainment.--Council may

appropriate money to defray the expenses of musical

entertainments held under the auspices of the city, and for the

purpose of having music in any public park or place.

Section 2427. Aid to Historical Societies.--Council may make

annual appropriations for the support and maintenance of the

principal historical society located in the city, which shall be

incorporated under the laws of the Commonwealth, shall maintain

permanent quarters and shall keep the same open to the public.

Section 2428. Establishment of Institutions to Collect

Educational Collections.--Council may establish institutions

authorized to collect and hold certain scientific, educational

and economic collections, the object of each being the

instruction of the public concerning commerce, manufacturing,

mining and agriculture. The institutions may purchase or accept

by gift any real estate, money or personal property necessary

for their use and promotion. The institutions may use, convey,

or transfer the same as if they were bodies corporate, and these

institutions shall be governed by boards of trustees, nominated,

appointed and confirmed in the manner council may determine.

Section 2429. Ambulances and Rescue and Life Saving

Services.--Council may acquire, operate and maintain motor

vehicles for the purposes of conveying sick and injured persons

to and from hospitals, and it may appropriate moneys toward

ambulance and rescue and life saving services and make contracts

relating thereto.

20110SB0874PN0890	- 285 -

Section 2430. Insurance.--(a) Council, in its discretion,

or as required by law or a collective bargaining agreement, may

make contracts of insurance and contracts for annuities or

pensions, including, but not limited to, the following:

(1) Contracts of insurance with any mutual or other fire

insurance company, association or exchange, duly authorized by

law to transact insurance business in the Commonwealth of

Pennsylvania, on any building or property owned by the city and

contracts to insure against burglary or theft of city property,

or against fire and other calamities, and against public

liability.

(2) Contracts of insurance with any insurance company, or

nonprofit hospitalization corporation, or nonprofit medical

service corporation, authorized to transact insurance business

within this Commonwealth, insuring elected or appointed

officers, officials and employes of the city, or any class or

classes thereof, or their dependents, under a policy or policies

of group insurance covering life, health, hospitalization,

medical service or accident insurance.

(3) Contracts to purchase annuities or pensions for elected

or appointed officers, officials and employes, or any class or

classes thereof.

(b) In the case of contracts for the benefit of elected or

appointed officers, officials and employes of the city, or any

class or classes thereof, or their dependents, the city may, as

determined by council, or as required by law or a collective

bargaining agreement, pay part or all of the premiums or charges

for the contracts.

Section 2431. Parking Lots.--Council may acquire by lease,

purchase, or condemnation proceedings, land which in its

20110SB0874PN0890	- 286 -

judgment may be necessary and desirable for the purpose of

establishing and maintaining lots for the sole purpose of

parking motor vehicles. Council may regulate the use of the land

including the posting of signs and may establish or designate

areas exclusively reserved for parking by persons with

disabilities. Such regulation of parking lots shall be

consistent with 75 Pa.C.S. (relating to vehicles) and the act of

October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania

Human Relations Act."

Section 2432. Disorderly Conduct.--Council may, by

ordinance, prohibit disorderly conduct within the limits of the

city and provide for the imposition of penalties in accordance

with this act. If an ordinance is enacted, it shall define

disorderly conduct in a manner substantially similar to the

provisions of 18 Pa.C.S. § 5503 (relating to disorderly

conduct).

Section 2433. Official Expenses on City Business.--Council

may make appropriations for the reasonable expenses of city

officials actually incurred in the conduct of city business.

Section 2434. Municipality Authorities; Cooperation with

Other Political Subdivisions.--(a) The council may by

ordinance, individually or in cooperation with other

municipalities or school districts, form municipal authorities

as authorized by 53 Pa.C.S. Ch. 56 (relating to municipal

authorities).

(b) The council may by ordinance make cooperative agreements

with regard to the performance of a city's powers, duties and

functions in accordance with the provisions of 53 Pa.C.S. Ch. 23

Subch. A (relating to intergovernmental cooperation).

Section 2435. Local Self-Government.--The council of each

20110SB0874PN0890	- 287 -

city shall have power to enact, make, adopt, alter, modify,

repeal and enforce in accordance with this act ordinances,

resolutions, rules and regulations, not inconsistent with or

restrained by the Constitution of Pennsylvania and laws of this

Commonwealth, that are either of the following:

(1) Expedient or necessary for the proper management, care

and control of the city and its finances, and the maintenance of

the peace, good government, safety and welfare of the city and

its trade, commerce and manufactures.

(2) Necessary to the exercise of the powers and authority of

local self-government in all municipal affairs.

Section 2436. Historical Property.--Council may acquire by

purchase or by gift, and may repair, supervise, operate and

maintain landmarks and other historical properties which are

either eligible for listing or listed in the National Register

of Historical Places, or certified by the Pennsylvania

Historical and Museum Commission as having historical

significance.

Section 2437. Appropriations for Handling, Storage and

Distribution of Surplus Foods.--(a) Council may appropriate

from city funds moneys for the handling, storage and

distribution of surplus foods obtained through a Federal, State

or local agency.

(b) All appropriations of moneys previously made by the

council of any city for the handling, storage and distribution

of surplus foods obtained, through a local, Federal, State or

local agency, are hereby validated.

Section 2438. Junk Dealers and Junk Yards.--Council may

regulate and license junk dealers and the establishment and

maintenance of junk yards and scrap yards, including, but not

20110SB0874PN0890	- 288 -

limited to, automobile junk or grave yards.

Section 2439. Appropriations for Industrial Promotions.--

Council may make appropriations to an industrial development

organization as defined in section 2301 of the act of June 29,

1996 (P.L.434, No.67), known as the "Job Enhancement Act," when

the city is located within the area for which the industrial

development organization has been authorized to make application

to and receive grants from the Department of Community and

Economic Development for the purposes specified in Chapter 23 of

the "Job Enhancement Act."

Section 2440. Non-debt Revenue Bonds.--Consistent with and

without limitation of any power conferred or duty imposed by 53

Pa.C.S. Pt. VII Subpt. B, (relating to indebtedness and

borrowing), council may issue non-debt revenue bonds pursuant to

provisions of 53 Pa.C.S. Pt. VII Subpt. B.

Section 2441. Appropriations for Urban Common Carrier Mass

Transportation.--Council may appropriate funds for urban common

carrier mass transportation purposes from current revenues and

make annual contributions to county departments of

transportation or to urban common carrier mass transportation

authorities to assist the departments or the authorities to meet

costs of operation, maintenance, capital improvements and debt

service, and to enter into long-term agreements providing for

the payment of the contributions.

Section 2442. Appropriation for Nonprofit Art Corporation.--

Council may appropriate moneys annually, not exceeding an amount

equal to one mill of the real estate tax to any nonprofit art

corporation for the conduct of its artistic and cultural

activities. For the purposes of this section, "nonprofit art

corporation" shall mean a local arts council, commission or

20110SB0874PN0890	- 289 -

coordinating agency, or any other nonprofit corporation engaged

in the production or display of works of art, including the

visual, written or performing arts. Artistic and cultural

activities shall include the display or production of theater,

music, dance, painting, architecture, sculpture, arts and

crafts, photography, film, graphic arts and design and creative

writing.

Section 2443. Ratification and Validation of Real Estate

Sales.--All deeds conveying title to real estate or interests

therein from any city to any other party which are executed and

delivered pursuant to an ordinance or resolution of the city

council and which are not contested by an action filed in the

court of common pleas of the county in which the city is located

within six years of the date such deeds are recorded are hereby

declared to be valid and to have fully and effectively conveyed

the property and interests described therein in accordance with

the terms thereof. No such deed shall thereafter be subject to

attack in any court, agency or proceeding.

Section 2444. Maintenance and Validation of Certain

Records.--Except as otherwise may be required by any law

governing the recording of documents with the recorder of deeds,

all city records that are required to be recorded or copied

shall be deemed valid if recorded or transcribed by any digital,

photostatic, photographic, microphotographic, microfilm,

microcard, miniature photographic, optical, electronic or other

process which accurately reproduces the original and forms a

durable medium for recording, storing and reproducing the

original in accordance with standards, policies and procedures

for the creation, maintenance, transmission or reproduction of

images of records approved by the county or local government

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records committees, as applicable, and as otherwise provided by

law. No city shall be required to retain original or paper

copies of any documents after the documents are archived by any

of the methods stated in this section or as otherwise provided

by law. Where recording in a specific book is required, except

for minutes or the proceedings of council, such records may be

recorded, transcribed or otherwise assembled in an appropriate

book, disk or other medium approved by resolution of council,

and all records heretofore recorded and assembled in any manner

are hereby validated.

Section 2445. Rights Within Streets and Rights-of-Way.--(a)

The power granted to a city in subsection (b) shall be exercised

in compliance with Federal and State law and shall be subject to

the power of the Pennsylvania Public Utility Commission, under

66 Pa.C.S. Pt. I (relating to public utility code) to regulate

the business, facilities and service of public utilities,

including determining the location and installation of utility

facilities.

(b) Council may consent to a public or private corporation

or any other person using city streets and other properties,

whether such use is within, on or over the streets or public

property in question, for transportation purposes or for the

purpose of installing and maintaining pipes, wires, fibers,

cables or any other utility or service medium. Council may

define a reasonable district or reasonable districts within

which all electric or telephone wires, cables or any other

utility or service medium are to be placed underground. A city

shall pay just compensation to any property owner whose land has

been acquired by the city for use as a right-of-way for purposes

of this section. Just compensation shall be determined pursuant

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to 26 Pa.C.S. (relating to eminent domain).

Section 2446. Emergency Services.--(a) The city shall be

responsible for ensuring that fire and emergency medical

services are provided within the city by the means and to the

extent determined by the city, including the appropriate

financial and administrative assistance for these services.

(b) The city shall consult with fire and emergency medical

services providers to discuss the emergency services needs of

the city.

organizations receiving city funds to provide to the city an

annual itemized listing of all expenditures of these funds

before the city may consider budgeting additional funding to the

organization.

Section 2447. Charitable Purposes.--(a) Council may, by

ordinance, create a city bureau or agency which bureau or agency

may receive in trust, and city council may control for the

purposes of the trust, all estate, moneys, assets and property,

real and personal, which may have been or shall be bestowed upon

it by donation, gift, legacy, endowment, bequest, devise,

conveyance or other means, for charitable purposes.

(b) Council may make appropriations to the agency or bureau

for charitable purposes except as limited by the Constitution of

Pennsylvania and laws of this Commonwealth.

mean the relief of poverty, the advancement of education, the

promotion of health, governmental or municipal purposes, and

other purposes the accomplishment of which is beneficial to the

community.

Section 153. Article XXV heading of the act is reenacted to

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read:

ARTICLE XXV

TAXATION

Section 154. Article XXV subdivision (a) heading of the act

is amended to read:

(a) Assessments [and Revisions] of Property for Taxation

Section 155. Sections 2501, 2502 and 2503 of the act are

repealed:

[Section 2501. Election of Assessor; Term; Removal;

Qualifications.--The council of each city on the first Monday of

January, one thousand nine hundred and fifty-two, and on the

first Monday of January in every fourth year thereafter, or as

soon thereafter as may be conveniently done, shall elect one

person, resident of the city for at least five years previous to

his election, a qualified elector thereof, and owner of real

estate therein, at the time of his election and during the

entire term of service, of the assessed value of at least five

hundred dollars, as city assessor, to serve for the term of four

years from the first Monday of January in the year in which he

is elected. Any assessor may be removed from office by council

and the vacancy thus occasioned may be filled in the manner

hereinafter provided. Council shall not permit any person

elected assessor to enter upon the duties of said office, nor

continue in office, when he does not have and possess all of the

qualifications aforesaid. For this purpose council shall have

power, by a majority vote of all the members elected thereto, to

declare the said office of assessor vacant at any time any

person has not or ceases to have the qualifications aforesaid

for the said office. They may thereupon fill the vacancy thus

occasioned, in the manner hereinafter provided for the filling

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of vacancies.

Section 2502. Oath of Assessor; Filling of Vacancies.--The

said assessor shall, before entering upon his duties, take and

subscribe the oath prescribed for municipal officers, and file

the same with the city clerk. Any vacancy happening in said

office shall be filled by appointment by council, for the

unexpired term.

Section 2503. Assistant Assessors; Compensation of Assessors

and Assistants.--The council may, during each triennial year and

in the intervening years, appoint such assistant assessors, to

serve for such length of time as council may authorize, direct,

or appoint by ordinance. Such assistant assessors shall be

removable at the pleasure of council. The compensation or salary

of the city assessor, and of the assistant assessors, if any,

shall be fixed by ordinance.]

Section 156. Sections 2503.1 and 2504 of the act, amended or

added December 13, 1982 (P.L.1192, No.273), are repealed:

[Section 2503.1. Definitions.--The following words and

phrases when used in this act shall have, unless the context

clearly indicates otherwise, the meanings given to them in this

section:

"Base year," the year upon which real property market values

are based for the most recently citywide revision of assessment

of real property or other prior year upon which the market value

of all real property of the city is based. Real property market

values shall be equalized within the city and any changes by the

board of revision of taxes and appeals shall be expressed in

terms of such base year values.

"Board," the board of revision of taxes and appeals in cities

of the third class.

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"Common level ratio," the ratio of assessed value to current

market value used generally in the county as last determined by

the State Tax Equalization Board pursuant to the act of June 27,

1947 (P.L.1046, No.447), referred to as the State Tax

Equalization Board Law.

"Established predetermined ratio," the ratio of assessed

value to market value established by the city council and

uniformly applied in determining assessed value in any year.

Section 2504. Assessment of Property; Duties of Assessor.--

(a) The assessor shall make, or cause to be made, during the

year one thousand nine hundred fifty-four, and every third year

thereafter, a full, just, equal, and impartial assessment of all

property, taxable according to the laws of this Commonwealth for

county purposes, and all matters and things within the city

subject by law to taxation for city purposes, and a just and

perfect list of all property exempt by law from taxation, with a

just valuation of the same. But nothing hereinbefore contained

shall be construed as making taxable for city purposes the

classes of personal property which by law are made taxable

exclusively for county purposes at the rate of four mills. With

his assessment he shall return such dimension, description, or

quality of each lot or parcel of land as will be sufficient to

identify the same, together with the number and kind of

improvements. At the triennial assessment, the assessor shall,

if council so directs by ordinance, classify all real estate in

the city, in such manner and upon such testimony as may be

adduced before him, so as to distinguish between the buildings

on land and the land exclusive of the buildings, and he shall

certify to the council the aggregate valuation of all real

estate subject to taxation for city purposes within each such

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classification. At the next triennial assessment following the

effective date of this amending act, the assessor shall, if

council by ordinance so directs, classify all real estate in

such city in such manner and upon such testimony as may be

adduced before him so as to distinguish between the buildings on

land and the land exclusive of the buildings, and he shall

certify to the council the aggregate valuations of all real

estate subject to taxation for city purposes within each such

classification.

(b) In all cases he shall value, or cause to be valued, the

property at the actual value thereof. In arriving at actual

value the city may utilize the current market value or it may

adopt a base year market value. In arriving at such value the

price for which any property would separately bona fide sell, or

the price at which any property may bona fide actually have been

sold, either in the base year or the current taxable year, shall

be considered, but shall not be controlling. Instead such

selling price, estimated or actual, shall be subject to revision

by increase or decrease to accomplish equalization with other

similar property within the taxing district. It shall be the

further duty of the assessor to return annually a list of all

the inhabitants over eighteen years of age.

upon an established predetermined ratio which may not exceed one

hundred per centum of actual value. Such ratio shall be

established and determined by the city council after proper

notice has been given.

(d) In arriving at the actual value, all three methods,

namely, cost (reproduction or replacement, as applicable, less

depreciation and all forms of obsolescence) comparable sales and

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income approaches, must be considered in conjunction with one

another.

(e) The board shall apply the established predetermined

ratio to the actual value of all real property to formulate

assessment roll.]

Section 157. Section 2504.1 of the act, added July 29, 1970

(P.L.640, No.215), is repealed:

[Section 2504.1. Temporary Tax Exemption for Residential

Construction.--(a) As used in this section, the word

"dwellings" means buildings or portions thereof intended for

permanent use as homes or residences.

(b) New single and multiple dwellings constructed for

residential purposes and improvements to existing unoccupied

dwellings or improvements to existing structures for purposes of

conversion to dwellings, shall not be valued or assessed for

purposes of real property taxes until (1) occupied, (2) conveyed

to a bona fide purchaser, or (3) one year from the first day of

the month in which falls the sixtieth day after which the

building permit was issued or, if no building permit or other

notification of improvement was required, then from the date

construction commenced. The assessment of any multiple dwelling

because of occupancy shall be upon such proportion which the

value of the occupied portion bears to the value of the entire

multiple dwelling.]

Section 158. Section 2505 of the act, amended October 4,

1978 (P.L.950, No.188), is repealed:

[Section 2505. Manner of Assessments.--The assessor may

assess real estate in the name or names of the registered owner,

actual owner (legal or equitable), reputed owner, owner of the

life estate, occupier, vendor, vendees, or any person who has or

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has had any connection with the legal title thereof, or an

interest in the premises, or has charge or control thereof;

partnership property, in the name of the partnership or in the

name of the partners, or any of them; trust property, in the

name of the trustee or trustees, or any of them, or in the name

of the cestui que trust; property of a minor, in the name of the

minor or his guardian; property of a lunatic, in the name of the

lunatic or his guardian or committee; and property formerly

belonging to a person, since deceased, may be assessed in the

name of the decedent, or in the name of the estate of said

decedent, or of his administrator or administrators, executor or

executors, or his heirs generally, or in the name of any

administrator, executor, or heir; and in assessing the same in

the names of the executors, administrators or heirs, it shall

not be necessary to designate them by their christian or

surnames; and other property not herein provided for may be

assessed in the manner the same is assessed for county taxation.

This provision shall not prevent the collection, under existing

laws, of any tax assessed against property by a sufficient

designation or description, where the same has been assessed in

the name of any person or persons who are not the owners

thereof. Where lands of owners are part within and part without

the city limits, they shall be assessed in the same manner and

within the same jurisdiction as if the same were being assessed

for county purposes.]

Section 159. Sections 2506, 2508, 2509, 2510, 2511, 2512,

2513, 2514, 2515 and 2516 of the act are repealed:

[Section 2506. Duties of Assessors in Other Than Triennial

Years.--In the years between triennial assessments, the said

assessor shall perform the following duties with reference to

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the assessment of property and other matters and subjects of

taxation, namely: He shall,

(a) Assess any property which has been omitted, and correct

any errors of law, fact or judgment which may have been made in

making the triennial assessment;

(b) Add to the assessment any property which has ceased to

be exempt and any property acquired since the triennial

assessment;

building or other new improvements;

(d) Deduct from the value of any property any loss caused by

destruction, injury, or otherwise, howsoever;

(e) Where tracts as assessed at the triennial assessment

have been subdivided, equalize and apportion the assessment of

the lands thus subdivided upon the basis of the value as fixed

at the triennial assessments upon the whole lot or tracts;

(f) Where any borough, township, part of a borough or

township, or any tract or tracts of land, have been added to the

city, since the last triennial assessment, make a full and

impartial assessment of the property in the annexed district,

and return the same in a like manner as if it were a triennial

assessment;

(g) When any property has been transferred or disposed of,

make the proper changes, deductions or transfers upon the proper

assessment books and duplicates;

(h) Perform such other duties, as may be prescribed by

ordinance, necessary to the making of proper assessments or

valuations.

Section 2508. Omitted Property to be Assessed; Liability of

Owner for Back Taxes.--When the said assessor ascertains that

20110SB0874PN0890	- 299 -

any property is omitted, he shall assess the same for the

omitted years, but not back further than and including the last

year of the preceding triennial assessment. The person or party

owning said omitted property shall be liable for the tax against

the property for the omitted year or years, at the tax rate

levied during the omitted year or years, and the proper

authorities shall make out the proper tax and place the amount

thereof in the hands of the city treasurer for collection.

Section 2509. Clerks; Power to Administer Oaths;

Inventories.--The assessor shall have the right to procure such

books, maps, et cetera, as may be necessary to the performance

of his duties, and, when authorized by council, may employ

clerks for the purpose of transcribing and making duplicate and

assessment books. He, and each of them, shall have power to

administer oaths, and to require, under oath, of every taxable

or person in charge or control of any property, an inventory of

his taxable property, with his estimate of the just, full, fair,

and impartial value thereof, and which, in his judgment, the

same would bring at a fair public sale thereof. Such estimate

shall not be conclusive, but shall be subject to revision by

increase, decrease or equalization with other property.

Section 2510. Information from Real Estate Registry Office;

Sufficiency of Descriptions.--Where any city has established a

registry of real estate by law, the assessor shall have the

right to obtain from the official in charge of said registry

such information as to the registered owners of real estate as

said department is able to furnish, and under such rules and

regulations as shall be established by ordinance of council. It

shall be a sufficient description of any real estate in any

assessment books or duplicates to designate the same by such

20110SB0874PN0890	- 300 -

city lot number, other number or designation, as is used on the

registry.

Section 2511. Time of Completion of Assessments.--The

assessor shall complete his triennial assessment, and the annual

assessments in intervening years, on or before the first day of

September in each year, or as soon thereafter as practicable. He

may, with the approval of the board of revision and appeals, add

to the duplicates in the hands of the city treasurer any subject

of taxation omitted therefrom, and rectify any and all errors

and mistakes made therein.

Section 2512. Liability for Neglect.--Any assessor or

assessors who shall wilfully omit, neglect, or refuse to assess

any property liable to taxation shall be held responsible to the

city for any loss or damage caused thereby.

Section 2513. Ordinances to Regulate Assessments, Transfers,

Appeals, Et Cetera.--The council of each city may pass such

ordinances as it may deem proper and necessary, providing for

and regulating the manner of making the assessments, valuations,

and transfers, and the taking of appeals to the board of

revision and appeal, and regulating proceedings before said

board on any and all matters not specifically provided for in

this act.

Section 2514. Board of Revision of Taxes and Appeals.--The

council of each city shall constitute the board of revision of

taxes and appeals, and the city clerk shall serve as clerk

thereof.

Section 2515. New Assessments.--The council, in any years

other than a triennial year, if it shall deem a new assessment

necessary, may, on or before the first day of May, issue its

precept to the city assessor and by ordinance or resolution

20110SB0874PN0890	- 301 -

require him to make out and return a full, just, and equal

assessment of property within the city, or such parts thereof as

may be deemed advisable.

Section 2516. Revision of Assessments.--The said board of

revision of taxes and appeals shall take and receive the

triennial and yearly assessment as returned by the city

assessor, and may revise, equalize, and alter such assessments,

in any and every year, by increasing or reducing the valuation

either in individual cases or by wards, or parts of wards;

rectify all errors, and add to the assessment book, and to the

duplicate thereof in the hands of the city treasurer, any

property or person subject to taxation omitted therefrom, and

any real estate in such city which has been exempt from

taxation, and has ceased to be occupied and used for the purpose

or purposes which entitled it to such exemption, as taxable for

the portion of the year commencing at the time when the right to

exemption ceases. Such property shall thereupon become subject

to taxation, at the rate fixed for the year, for the

proportionate part of the year during which it is not entitled

to exemption.]

Section 160. Section 2516.1 of the act, amended July 29,

1970 (P.L.640, No.215), is repealed:

[Section 2516.1. Additions and Revisions to Duplicates.--

Whenever in any city there is any construction of a building or

buildings not otherwise exempt as a dwelling after the city

council has prepared a duplicate of the assessment of city taxes

and the building is not included in the tax duplicate of the

city, the authority responsible for assessments in the city

shall, upon the request of the city council, direct the assessor

in the city to inspect and reassess, subject to the right of

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appeal and adjustment provided by the act of Assembly under

which assessments are made, all taxable property in the city to

which major improvements have been made after the original

duplicates were prepared and to give notice of such

reassessments within ten days to the authority responsible for

assessments, the city and the property owner. The property shall

then be added to the duplicate and shall be taxable for city

purposes at the reassessed valuation for that proportionate part

of the fiscal year of the city remaining after the property was

improved. Any improvement made during the month shall be

computed as having been made on the first of the month. A

certified copy of the additions or revisions to the duplicate

shall be furnished by the city council to the city treasurer,

together with their warrant for collection of the same, and

within ten days thereafter the city treasurer shall notify the

owner of the property of the taxes due the city.]

Section 161. Section 2517 of the act is repealed:

[Section 2517. Hearing of Appeals.--The board of revision of

taxes and appeals may require the attendance of the assessor and

assistant assessors, or any of them, or other citizens, before

them for examination on oath or affirmation. It shall hear and

determine all appeals by taxpayers from the assessments made by

the city assessor, at such time and place as it may prescribe,

conformably with law as to notice to the taxable and his filing

of notice of intention to appeal.]

Section 162. Section 2518 of the act, amended December 13,

1982 (P.L.1192, No.273), is repealed:

[Section 2518. Notice to Taxables of Assessments; Appeals.--

(a) The assessor shall give, or cause to be given, printed or

written notice to each taxable of the city, whose property is

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newly assessed, or whose last previous assessment has been

changed, of the amount of the present assessment, valuation and

ratio and the new assessment, valuation and ratio. The said

notice shall not be required to be given to any taxable whose

property assessment was not changed as a result of any triennial

assessment. The said notice shall also inform the taxable of the

requirements of this section as to appealing from any

assessment. Such notice may be served personally or by posting

on the premises or by mailing the same to the last known address

of the taxable.

(b) Notice similar to that provided for in subsection (a)

shall be given when the city changes the established

predetermined ratio.

or any change thereof, made by the assessor, may appeal to the

said board of revision of taxes and appeals, by filing with the

board a statement in writing of intention to appeal, setting

forth:

(1) The assessment or assessments by which such person feels

aggrieved;

(2) The address to which the board shall mail notice of when

and where to appear for hearing.

(d) The statement of intention to appeal shall be filed with

the said board not later than thirty days after the notice of

assessment has been mailed to the taxable at his last known

address, or has been served upon him personally, or has been

posted upon the premises. No appeal shall be permitted except

upon such a statement of intention as herein required, nor may

any taxable appeal as to an assessment not designated in his

statement of intention to appeal. The board shall fix the time

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and place of hearing appeals and shall give at least five days

notice to the taxable.

(e) Any triennial assessment made prior to the effective

date of this amending act, which did not change a property

assessment, is hereby validated irrespective of whether or not

written or printed notice of such assessment was given to the

taxable.]

Section 163. Section 2519 of the act is repealed:

[Section 2519. Power of Assessor to Administer Oaths.--For

the purposes of all hearings, and for all other purposes

necessary to the discharge of his duties, the assessor shall

have authority to administer oaths and affirmations touching any

matter relating thereto.]

Section 164. Sections 2520 and 2521 of the act, amended

December 13, 1982 (P.L.1192, No.273), are repealed:

[Section 2520. Custody of Assessment Books; Completion of

Work of Board.--(a) The board of revision of taxes and appeals

shall procure and have the custody and control of all books

relating to assessment of city taxes, and keep them arranged

according to wards and dates, and shall furnish the city

assessor the necessary books for making the assessment, which,

on the completion of such assessment, shall be returned to such

board of revision of taxes and appeals. The board shall complete

its labors, and the hearing and determination of all appeals, on

or before the first day of December of each year, or as soon

thereafter as practicable, after which the assessment shall be

copied, by wards, into a tax duplicate or duplicates for the use

of the city. The assessment, so corrected and copied, shall be

and remain a lawful assessment for the purpose of city taxation

until altered as provided in this article. The board shall give

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notice in writing within five days after its disposition of each

appeal, advising the taxable of its decision.

(b) In any appeal of an assessment the board shall make the

following determinations:

(1) The current market value for the tax year in question.

(2) The common level ratio.

the property for the tax year in question, shall then apply the

established predetermined ratio to such value unless the common

level ratio varies by more than fifteen per centum from the

established predetermined ratio, in which case the board shall

apply the common level ratio to the current market value of the

property for the tax year in question.

(d) Nothing herein shall prevent any appellant from

appealing any base year valuation without reference to ratio.

Section 2521. Appeals from Decisions of Board; Costs.--(a)

Any owner of taxable property who may feel aggrieved by the

decision of the board of revision of taxes and appeals as to the

assessment or valuation of his taxable property may appeal from

the decision of the board of revision of taxes and appeals to

the court of common pleas of the county within which such

property is situated, and, for that purpose, may present to said

court, or file in the prothonotary's office, within sixty days

after mailing notice to him that the board of revision of taxes

and appeals have held the appeals provided for by law and acted

on the said assessments and valuations, a petition signed by

him, his agent, or attorney, setting forth the facts of the

case. The court shall thereupon, after notice to the said board

of revision of taxes and appeals, hear the said appeal and the

proofs in the case, and make such orders and decrees touching

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the matter complained of as to the judges of said court may seem

just and equitable, having due regard to the valuation and

assessment made of other property in such city. The costs of the

appeal and hearing shall be apportioned or paid as the court may

direct. The said appeals shall not, however, prevent the

collection of the taxes complained of, but in case the same

shall be reduced, then the excess shall be returned to the

person or persons who shall have paid the same.

(b) In any appeal of an assessment the court shall make the

following determinations:

(1) The current market value for the tax year in question.

(2) The common level ratio.

the property for the tax year in question, shall then apply the

established predetermined ratio to such value unless the common

level ratio varies by more than fifteen per centum from the

established predetermined ratio, in which case the court shall

apply the common level ratio to the current market value of the

property for the tax year in question.

(d) Nothing herein shall prevent any appellant from

appealing any base year valuation without reference to ratio.]

Section 165. The act is amended by adding a section to read:

Section 2522. Assessment Powers.--(a) With regard to the

valuing and assessing of property for taxation within a city,

the following shall apply:

(1) If, on the effective date of this section, a city is

utilizing the county assessment office for the valuation and

assessment of property, the city shall continue to utilize the

county assessment office for this purpose.

(2) If clause (1) does not apply, council may appoint and

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employ persons to value and assess property for taxation within

a city, following the procedures and methodologies set forth in

the assessment law or laws applicable in the county in which the

city is located, provided that the act of April 16, 1992

(P.L.155, No.28), known as the "Assessors Certification Act,"

shall apply to persons hired pursuant to this clause.

(3) If clause (2) applies, a city may subsequently elect to

utilize the county assessment office to value and assess

property.

(4) (i) A city, conducting its own assessments as

authorized by clause (2), or utilizing the county assessment

office pursuant to clause (1) or (3), may, by ordinance, adopt

an established predetermined ratio different from that used by

the county. The city shall apply the ratio selected to the

actual valuation supplied by the county to determine assessed

value for tax purposes. The established predetermined ratio

selected by the city may not exceed one hundred per centum of

actual value.

(ii) As used in this clause, "established predetermined

ratio" shall mean the ratio of assessed value to market value

established by the city council and uniformly applied in

determining assessed value in any year.

(5) A city that is utilizing the county assessment office in

accordance with clause (1) or which elects to utilize the county

assessment office in accordance with clause (3) may not

thereafter appoint and employ persons to value and assess

property in accordance with clause (2).

(b) In any case in which a city appoints persons to value

and assess property, the following shall apply:

(1) If the property being assessed is not wholly within the

20110SB0874PN0890	- 308 -

city limits, it shall be assessed in the same manner and within

the same jurisdiction as if the same were being assessed for

county purposes.

(2) If a city has established a registry of real estate, it

may obtain for purposes of assessment, from the official in

charge of the registry, available information as to the

registered owners of real estate, under rules and regulations as

may be established by ordinance. It shall be a sufficient

description of any real estate in any assessment books or

duplicates to designate the same by such city lot number, other

number or designation, as is used on the registry.

(3) For purposes of assessment appeals, council shall

constitute the board of revision of taxes and appeals and the

city clerk shall serve as clerk thereof.

(4) Except as authorized in this section, the city shall not

exercise powers contrary to or in limitation or enlargement of

powers granted by statutes that provide the substantive rules

governing the making of assessments and valuations of property

which are applicable to the assessment of property for taxation

purposes under the county assessment law or laws applicable in

the county in which the city is located.

(5) A city conducting its own assessments pursuant to

subsection (a)(2) shall establish and follow procedures that are

consistent with similar procedures provided in the assessment

law or laws applicable in the county in which the city is

located, including, but not limited to, providing notice of an

opportunity to appeal assessments, for taking appeals to and

from the board of appeals and for the conduct of proceedings

before the board.

20110SB0874PN0890	- 309 -

shall be subject to the following:

(1) New single and multiple dwellings constructed for

residential purposes and improvements to existing unoccupied

dwellings or improvements to existing structures for purposes of

conversion to dwellings shall not be valued or assessed for

purposes of real property taxes until:

(i) occupied;

(ii) conveyed to a bona fide purchaser; or

(iii) one year from the first day of the month in which

falls the sixtieth day after which the building permit was

issued or, if no building permit or other notification of

improvement was required, then from the date construction

commenced.

(2) The assessment of any multiple dwelling because of

occupancy shall be upon such proportion which the value of the

occupied portion bears to the value of the entire multiple

dwelling.

(3) As used in this subsection, the word "dwellings" means

buildings or portions thereof intended for permanent use as

homes or residences.

Section 166. The heading of subdivision (b) of Article XXV

of the act is reenacted to read:

(b) Levy and Collection

Section 167. Section 2531 of the act, amended November 19,

1959 (P.L.1519, No.534), August 3, 1967 (P.L.199, No.63), June

16, 1972 (P.L.443, No.135) and May 22, 1981 (P.L.71, No.20) and

repealed in part December 13, 1988 (P.L.1121, No.145), is

amended to read:

Section 2531. Tax Levies.--(a) Council may, by ordinance,

levy and, in accordance with this act, provide for the

20110SB0874PN0890	- 310 -

collection of [the following taxes:

1. A tax for general revenue purposes on all persons and

property taxable according to the laws of the Commonwealth for

county purposes: the valuation of such property to be assessed

as hereinbefore provided.

2. An annual tax sufficient to pay interest and principal on

any indebtedness incurred pursuant to the act of July 12, 1972

(P.L.781, No.185), known as the "Local Government Unit Debt

Act," or any prior or subsequent act governing the incurrence of

indebtedness of the city.

3. A residence tax for general revenue purposes, not

exceeding five dollars annually, on all inhabitants above the

age of eighteen years. Any ordinance of council fixing the rate

of taxation for any year at a mill rate shall also include a

statement expressing the rate of taxation in dollars and cents

on each one hundred dollars of assessed valuation of taxable

property.

4. The council of any city may, by ordinance, in any year

levy separate and different rates of taxation for city purposes

on all real estate classified as land, exclusive of the

buildings thereon, and on all real estate classified as

buildings on land. When real estate tax rates are so levied, (i)

the rates shall be determined by the requirements of the city

budget as approved by council, (ii) higher rates may be levied

on land if the respective rates on lands and buildings are so

fixed so as not to constitute a greater levy in the aggregate

than a rate of twenty-five mills on both land and buildings, and

(iii) they shall be uniform as to all real estate within such

classification.

5. Where the city council by a majority action shall, upon

20110SB0874PN0890	- 311 -

due cause shown, petition the court of quarter sessions for the

right to levy additional millage, the court, after such public

notice as it may direct and after hearing, may order a greater

rate than twenty-five mills but not exceeding five additional

mills to be levied.] taxes on all property within the city that

is made taxable for city purposes and subject to valuation and

assessment by the county assessment office or the city, as

provided in subdivision (a), as follows:

(1) A tax for general revenue purposes not exceeding thirty

mills.

(2) An annual tax sufficient to pay interest and principal

on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII

Subpt. B (relating to indebtedness and borrowing) or any prior

or subsequent act governing the incurrence of indebtedness of

the city.

(3) An annual tax, not to exceed five mills, to light the

highways, roads and other public places in the city.

(4) An annual tax for the purpose of maintaining and

operating recreation places and programs.

(5) An annual tax, not to exceed the sum of one-tenth of one

mill, for the purpose of defraying the cost and expense of

caring for shade trees and the administrative expenses connected

therewith, or council may provide for such expenses by

appropriation from the General Fund.

(b) Council may, by ordinance, levy and, in accordance with

this act, provide for the collection of a residence tax for

general revenue purposes, not exceeding five dollars annually,

on all inhabitants who are eighteen years of age or older.

the following shall apply:

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(1) Special purpose levies authorized in this section shall

not be included in calculating the thirty-mill limit imposed by

subsection (a).

(2) Any ordinance fixing the rate of taxation for any year

at a millage rate shall also include a statement expressing the

rate of taxation in dollars and cents on each hundred dollars of

assessed valuation of taxable property.

(3) The council of any city may, by ordinance, in any year

levy separate and different rates of taxation for city purposes

on all real estate classified as land, exclusive of the

buildings thereon, and on all real estate classified as

buildings on land. When real estate tax rates are so levied:

(i) The rates shall be determined by the requirements of the

city budget as approved by council.

(ii) The respective rates levied on land and buildings do

not have to be equal but must be so fixed so as not to

constitute a greater levy in the aggregate than a rate of thirty

mills on both land and buildings.

(iii) The rates shall be uniform as to all real estate

within such classification.

(4) Where the city council by a majority action shall, upon

due cause shown, petition the court of common pleas for the

right to levy additional millage for general revenue purposes,

the court, after such public notice as it may direct and after

hearing, may order a greater rate than thirty mills but not

exceeding five additional mills to be levied.

(5) (i) Notwithstanding council's power to authorize the

transfer of an unexpended balance of an appropriation item

pursuant to section 1804, when any moneys are collected for any

special purpose, no city treasurer or council member may apply

20110SB0874PN0890	- 313 -

those moneys to any purpose other than that for which they were

collected.

(ii) Any city treasurer or council member who violates

subclause (i) commits a misdemeanor of the third degree, and, in

addition to the fine or penalty which may be imposed upon

conviction, shall be required to pay restitution in the amount

of moneys improperly spent.

Section 168. Section 2531.1 of the act, amended November 26,

1982 (P.L.759, No.214) and repealed in part December 13, 1988

(P.L.1121, No.145), is amended to read:

Section 2531.1. Exemptions from Taxation.--The council of

any city may, by ordinance or resolution, exempt any person

whose total income from all sources is less than [five] twelve

thousand dollars [($5,000)] ($12,000) per annum from any per

capita or [resident's] residence tax levied under this act. This

exemption shall not apply to real property taxes.

Section 169. The act is amended by adding a section to read:

Section 2531.2. Certification of Schedule.--For the purpose

of delinquent tax collection and the filing of liens on property

upon which the taxes, assessed and levied, have not been paid

and have become delinquent, the treasurer shall certify

schedules of unpaid taxes. The certification shall be made to

the person designated by each taxing district for which the

treasurer collects taxes.

Section 170. Sections 2532, 2533 and 2534 of the act are

repealed:

[Section 2532. City Treasurer to Be Tax Collector.--The city

treasurer, by virtue of his office, shall be the collector of

the city, county, school, and institution district taxes,

assessed or levied in the city by the proper authorities

20110SB0874PN0890	- 314 -

therein.

Section 2533. Oath of City Treasurer as Collector of

Taxes.--At the time the city treasurer enters upon his duties,

he shall take and subscribe his oath of office as collector of

city, county, school, and institution district taxes, which oath

shall be filed with the city clerk.

Section 2534. Office for Receipt of Taxes; Supplies.--The

city treasurer, as collector of taxes, shall keep his office in

the same place occupied by him as city treasurer, which shall be

kept open for the receipt of taxes at all times during business

hours. All printing and stationery supplies shall be furnished

by the proper authorities, respectively.]

Section 171. Section 2535 of the act, amended December 14,

1967 (P.L.828, No.355), is repealed:

[Section 2535. Date of Delivery of Duplicate; Collection.--

The council of each city and the county and county institution

district authorities, now empowered or which may be hereafter

empowered to levy taxes upon persons and property within the

city, shall, within thirty days after the adoption of the budget

or within thirty days after receipt of the assessment roll from

the county whichever is later, make out and deliver their

respective duplicates of taxes assessed to the city treasurer,

as the collector of the said taxes, which shall be collected by

the city treasurer, by virtue of his office as aforesaid. The

proper school authorities shall make out and deliver the school

duplicates of their respective taxes in such city at the time

and in the manner provided by the school laws of the

Commonwealth. All duplicates of taxes placed in the hands of

said treasurer shall at all times be open to proper inspection

of the taxpayers and of the proper auditing and examining

20110SB0874PN0890	- 315 -

officers of said city, county or school district, as the case

may be, and shall be delivered by said treasurer at the

expiration of his term to his successor in office.]

Section 172. Sections 2536, 2537 and 2538 of the act are

repealed:

[Section 2536. Deposits.--The city treasurer as collector of

taxes shall pay over to himself as city treasurer, in accordance

with the provisions of the Local Tax Collection Law, all the

city taxes collected by him. He shall at the same time deposit

all the city taxes so paid over to him into a bank or financial

institution, which shall be a city depository named by the city

council. All such deposits shall be made in the name of the city

treasurer as such, or in the name of the city, as council may

provide.

Section 2537. Tax Liens; Schedule of Uncollected Taxes;

Liability for False Return.--Upon the settlement of the

duplicates of city, county, institution district, and school

taxes which by law are made a lien on real estate, the city

treasurer, as collector of said taxes, shall make out schedules

of said city, county, school, or institution district taxes

uncollected upon his duplicates, or those delivered to him by

his predecessor, with a brief description of the properties

against which the same are assessed, for the purpose of having

the same entered for lien or sold, according to law. The failure

of the said collector to collect the said taxes from personal

property, when the same could have been collected shall not

impair the lien thereof or affect any sale made for the

collection thereof. In case any such collector shall make any

wilfully false return, he shall be liable therefor to any person

or persons injured thereby.

20110SB0874PN0890	- 316 -

Section 2538. Certification of Schedule.--The schedule of

unpaid city taxes shall be certified by the city treasurer, as

collector of taxes, to the city solicitor for filing in court,

with the like force and effect as if certified by the city

treasurer under existing laws. The schedule of unpaid school and

institution district taxes shall be certified to such officer or

person as is now, or shall hereafter be, designated to receive

the same for filing as a lien in court; and where no such person

is designated, the said schedule may be certified to the

solicitor of the authority levying the tax, who may cause the

said taxes to be registered as a lien in court, under existing

laws, and the certifying of the said schedules by the city

treasurer, as a collector, shall in all cases have the like

effect as if the same had been certified by the city treasurer,

as aforesaid.]

Section 173. Article XXV subdivision (c) heading of the act

is reenacted to read:

Section 174. Section 2541 of the act, amended April 29, 1998

(P.L.294, No.47), is repealed:

[Section 2541. Public Sale of Property to Satisfy Tax

Claims.--(a) In addition to other remedies provided for the

collection of delinquent city taxes, the city treasurer may sell

at public sale, in the manner hereinafter provided, any property

upon which the taxes, assessed and levied, have not been paid

and have become delinquent, unless such property has already

been purchased and is held for the benefit of all the tax

levying authorities concerned.

(b) For purposes of this section, taxes shall be considered

delinquent thirty days after the final deadline for payment of

20110SB0874PN0890	- 317 -

such taxes for the current tax year.]

Section 175. Section 2542 of the act is repealed:

[Section 2542. Time of Holding Sales.--Such sales shall be

made on the first Monday in June, in the year succeeding the

year in which the respective taxes are assessed and levied, or

on any day to which such sale may be adjourned, or on any first

Monday of June in any succeeding year.]

Section 176. The act is amended by adding a section to read:

Section 2542.1. Public Sale of Property to Satisfy Tax

Claims.--(a) Property upon which city real estate taxes have

not been paid and have become delinquent may become subject to

public sale in accordance with one of the following:

(1) The act of July 7, 1947 (P.L.1368, No.542), known as the

"Real Estate Tax Sale Law."

(2) The act of May 16, 1923 (P.L.207, No.153), referred to

as the Municipal Claim and Tax Lien Law.

(b) The remedies authorized in this section shall be in

addition to other remedies provided for the collection of

delinquent city taxes, including an action in assumpsit.

subsection (a), taxes shall become delinquent thirty days after

the final deadline for payment of such taxes for the current tax

year.

Section 177. Section 2543 of the act is amended to read:

Section 2543. Certification of Schedules [of Taxes.--Where

the treasurer has not already in his hands the duplicates of

said taxes, or certificates or schedules thereof, any receiver

or collector of taxes, or other person having such delinquent

taxes in his hands, shall certify to the city treasurer

schedules of all unpaid taxes, with descriptions of the property

20110SB0874PN0890	- 318 -

assessed.] to Treasurer.--At the request of the treasurer, any

person acting on behalf of the city who possesses a schedule of

unpaid city taxes shall certify the schedule to the treasurer

along with the description of property against which the unpaid

taxes were assessed.

Section 178. Section 2544 of the act is repealed:

[Section 2544. Advertisement of Sales.--The city treasurer

shall advertise for sale any of the property upon which it

appears the taxes have not been paid, as shown by the duplicates

in his hands, or by the returns or schedules certified to him,

as aforesaid. Said advertisement shall be made, once a week for

three successive weeks prior to the day of sale, in at least two

newspapers of general circulation, printed and published in the

city, and, in case two newspapers are not published in said

city, then publication shall be made in two newspapers printed

and published in the county in which the city is situate. The

city treasurer shall also cause to be posted or tacked, in a

conspicuous place on each parcel or lot of land advertised for

sale, at least ten days prior to the day of sale, a notice

stating that said property will be sold by said treasurer, for

delinquent taxes, on a certain day and time, and at a certain

place within the city, for which posting of notice he shall

receive and tax as costs twenty-five cents for each notice. No

sale shall be valid where the taxes have been paid prior to said

advertisement, or where the taxes and costs have been paid after

advertisement and before sale.]

Section 179. Section 2546 of the act is amended to read:

Section 2546. Record of Sales [to be Kept; City May];

Purchase [Lands at Sale.--] and Resale.--(a) The treasurer

shall keep in his or her office, or in such other place as

20110SB0874PN0890	- 319 -

council may direct, a [book, in which he shall enter] record of

all the sales made [by him, giving a description of each

property sold, the name of the person as the owner thereof as

the same appears upon the duplicate, or has been returned to

him, the time of sale and the price at which sold, together with

the cost. The] pursuant to section 2542.1.

(b) Notwithstanding any other provision of law, the city

shall have the right to bid[, at any such sale, the amount of

taxes and costs, and, if necessary, purchase such lands] on and

purchase properties sold pursuant to section 2542.1.

may be sold in accordance with section 2402.1(b).

Section 180. Sections 2547 and 2548 of the act are repealed:

[Section 2547. Payment of Purchase Price by Purchaser;

Resale for Default.--Any purchaser or purchasers at said

treasurer's sale, except the city, as soon as the property is

struck down, shall pay the amount of the purchase money, or such

part thereof as may be necessary to pay all the taxes and costs,

as also one dollar and fifty cents for the use of the

prothonotary, for entering the report of the treasurer, filing

surplus bond, and acknowledgment of the treasurer's deed, as

hereinafter mentioned. In case said amount is not forthwith

paid, after the property is struck down, the sale may be avoided

and the property put up again by the city treasurer, at said

sale or at any subsequent sale.

Section 2548. Return of Sale.--The city treasurer shall

promptly make a report and return to the court of common pleas,

wherein he shall set forth, (a) a brief description of each

parcel of real estate sold; (b) the name of the person (where

known), in which the same is assessed; (c) the amount of tax,

20110SB0874PN0890	- 320 -

and the year for which the same was assessed; (d) the time when

and the names of the newspapers in which the advertisement for

sale was made, with a copy of said advertisement; (e) the time

of sale; (f) the name of the purchaser; and (g) the price for

which each respective property was sold.]

Section 181. Section 2549 of the act, repealed in part June

3, 1971 (P.L.118, No.6), is repealed:

[Section 2549. Confirmation of Sale; Disposition of

Objections.--Upon the presentation of said report or return, if

it shall appear to said court that such sale has been regularly

conducted, under the provisions of this subdivision (c) of this

article, the said report and sales so made shall be confirmed

nisi; in case no objections or exceptions are filed to any such

sale in the office of the prothonotary within ninety days from

the date of such confirmation, a decree of absolute confirmation

shall be entered, as of course, by the prothonotary. Any

objections or exceptions to such a sale may raise the legality

of the taxes for nonpayment of which the real estate was sold or

the return thereof, or the validity of the sale for the reason

that the tax was actually paid, or question the regularity or

legality of the proceedings of the treasurer in any respect. In

case any objections or exceptions are filed, they shall be

disposed of according to the practice of the court, and, when

the same are overruled or set aside, a decree of absolute

confirmation shall be entered by the court. If such objections

or exceptions are sustained and the court deems the defect not

amendable, it shall, by its order or decree, invalidate the

sale. If no objections or exceptions are filed as herein

provided, or if such objections or exceptions are finally

overruled and the sale confirmed absolutely, the validity of the

20110SB0874PN0890	- 321 -

assessment of the tax and the validity of the proceedings of the

treasurer, with respect to such sale, shall not thereafter be

inquired into judicially in equity or by civil proceedings by

the person or persons in whose name such property was sold, his,

her or their heirs, or his, her or their grantees or assigns,

subsequent to the date of the assessment of the taxes for which

such sale was made, and such sale, after the period of

redemption shall be terminated, shall be deemed to pass a good

and valid title to the purchaser as against the person or

persons in whose name such property was sold, provided the

purchaser has filed the bond for surplus moneys as hereinafter

provided.]

Section 182. Section 2550 of the act is repealed:

[Section 2550. Filing of Surplus Bond.--After any sale of

property or lands for delinquent taxes has been confirmed by the

court, as aforesaid, the purchaser or purchasers, where the bid

exceeds the taxes and costs as aforesaid, shall make and execute

to the said treasurer for the use of the persons entitled, a

bond for the surplus money that may remain after satisfying and

paying all the taxes and costs, as aforesaid, with warrant of

attorney to confess judgment annexed thereto. The treasurer

shall forthwith file said bond in the office of the prothonotary

of the proper county, at the number and term where said report

and return is filed. The surplus bond, filed as aforesaid, from

the time of the date of the deed for property thus sold, shall

bind as effectually, and in like manner as judgments, the land

by said treasurer sold, into whose hands or possession they may

come. The owners of said lands at the time of sale, their heirs

or assigns or other legal representatives, may, at any time

within five years after such sale, cause judgment to be entered

20110SB0874PN0890	- 322 -

in said court upon said bond, in the name of said treasurer, for

the use of said owners, their heirs, assigns or legal

representatives, as the case may be. In case the moneys

mentioned in said bonds, with legal interest thereon from the

time it is demanded, be not paid within three months after such

entry, execution may forthwith issue for the recovery thereof.]

Section 183. Section 2551 of the act, amended August 17,

1951 (P.L.1262, No.299), is repealed:

[Section 2551. Acknowledgment and Delivery of Deeds.--When

the purchaser has paid the amount of his bid, or such portion

thereof as he is required to pay under this subdivision, and has

given the surplus bond as above required, the city treasurer

shall make the said purchasers, his or their heirs or assigns, a

deed in fee simple for the lands sold, as aforesaid, and the

said deed or deeds duly acknowledge in the court of common

pleas. Such acknowledgment shall be duly entered and recorded by

the prothonotary of said court in the treasurer's deed book. For

such service and the entry of the report of the city treasurer,

and filing surplus bond, the prothonotary shall receive the sum

of one dollar and fifty cents for each property sold.]

Section 184. Section 2552 of the act is repealed:

[Section 2552. Acknowledgment of Receipt of Redemption

Money.--Where the owner or other person interested in the land

thus sold shall redeem the same, and pay the satisfaction fee,

the city treasurer shall acknowledge the receipt of the

redemption moneys upon the margin of the acknowledgment of the

treasurer's deed, as the same is entered and recorded in the

prothonotary's office. Thereafter said deed shall be void and of

no effect. Thereupon such owner or persons interested shall be

entitled to have the treasurer's deed delivered up to him, her

20110SB0874PN0890	- 323 -

or them by the purchaser for cancellation. The city treasurer

shall pay to said purchaser all the moneys he had paid at the

time of sale, together with the twenty-five per centum penalty

thereon; and shall enter upon the book of sales kept by him, as

hereinbefore provided, an acknowledgment or receipt showing that

the owner or party interested redeemed the same, giving date of

redemption and amount of money received.]

Section 185. Article XXV subdivision (d) heading and section

2560 of the act are repealed:

[(d) City Sales of Real Estate Purchased from Tax Claim Bureau

Section 2560. Real Estate Purchased from Tax Claim Bureau.--

Any city may, by ordinance, sell in the manner hereinafter

provided, any real estate owned by the city which has been

acquired by the city by purchase from a tax claim bureau at

public sales held by said bureau pursuant to the provisions of

the Real Estate Tax Sale Law, its amendments and supplements,

upon which real estate the city held at the time of such sale a

lien or liens for municipal improvements.]

Section 186. Section 2561 of the act, amended April 6, 1998

(P.L.236, No.44), is repealed:

[Section 2561. Sale Procedure.--(a) After an ordinance has

been passed authorizing and directing the sale of real estate as

provided for in section two thousand five hundred sixty, the

city treasurer shall advertise such proposed sale once a week

for three successive weeks in at least one newspaper of general

circulation in the city. The advertisement shall give a brief

description of the property to be sold sufficient to identify it

as to location and character, and the terms and conditions of

sale shall ask for sealed bids for the purchase thereof, direct

all bids to be sent to the city clerk on or before a certain

20110SB0874PN0890	- 324 -

date, and give any other information relating to such bids as

may be necessary; shall announce that the bids shall be opened

and read at a public meeting of council to be held at a time

fixed, and that council shall have the right to reject any and

all bids. In lieu of the above contents of the advertisement,

the advertisement may give a brief description of the property

to be sold, sufficient to identify it as to location and

character, and provide for a public sale of the property to the

highest responsible bidder, at such time and place as shall be

designated by council, with the right reserved to council to

reject any and all bids.

(b) A city that elects to sell property to a nonprofit

corporation for community development or reuse may waive the

advertising and bidding requirements of subsection (a) only upon

entering into a written agreement with the nonprofit corporation

that requires the property to be used for industrial, commercial

or affordable housing purposes. This exemption shall not apply

to property on which existing governmental functions are

conducted.]

Section 187. Section 2562 of the act is repealed:

[Section 2562. Delivery of Deed.--If council accepts the

highest responsible bid for such property, the city treasurer

shall, within twenty days after such acceptance and upon the

receipt of the purchase money, deliver to the successful bidder,

his heirs or assigns, a deed in fee-simple for the property sold

as aforesaid, which shall be acknowledged by the mayor and

attested by the city clerk.]

Section 188. The act is amended by adding a section to read:

Section 2562.1. Conduct of Tax Sales.--The procedures and

requirements relating to the sale of property for delinquent

20110SB0874PN0890	- 325 -

taxes, including, but not limited to, the advertisement for and

the time and conduct of the sale, the payment of the purchase

price and the distribution of proceeds, making the return and

confirmation of sale and the delivery of deed shall be governed

by the act of July 7, 1947 (P.L.1368, No.542), known as the

"Real Estate Tax Sale Law," or the Municipal Claim and Tax Lien

Law as utilized by the city in accordance with section 2542.1,

and by any applicable rules of court governing procedures for

tax sales.

Section 189. Article XXVI heading of the act is reenacted to

read:

ARTICLE XXVI

LICENSES AND LICENSE FEES

Section 190. Article XXVI subdivision (a) heading of the act

is repealed:

[(a) General Powers to License]

Section 191. Section 2601 of the act, amended October 4,

1978 (P.L.950, No.188), is amended to read:

Section 2601. [License Taxes for Revenue Purposes.--Council

may, by ordinance, levy and collect a license tax for general

revenue purposes, not exceeding one hundred dollars each,

annually, on all photographers, auctioneers, contractors,

druggists, hawkers, peddlers, produce or merchandise vendors,

bankers, brokers, other than real estate brokers, undertakers,

pawnbrokers, trading stamp or premium companies or dealers,

warehouses or storage houses or places, parking lot operators,

merchants of all kinds, persons selling or leasing goods upon

installments, grocers, confectioners, butchers, wholesale meat

dealers, restaurants, billiard parlors, bowling alleys, billiard

tables, pool tables, and other gaming tables and devices; all

20110SB0874PN0890	- 326 -

motor buses and motor omnibuses, trackless trolley omnibuses and

street railway cars transporting passengers for pay or hire

within the limits of the city, or from such city only to points

within a radius of ten miles of the city's boundaries; all

skating rinks, operas, theatres, shows, circuses, menageries,

and all kinds of public exhibitions for pay, except those for

religious, educational or charitable purposes; all lumber

dealers, persons who work on commission and all persons who make

a business of buying lumber for sale at wholesale or retail; all

furniture dealers, saddle or harness dealers, stationers,

jewelers, livery or automobile or boarding-stable keepers; all

market-house companies and owners of market-houses, garage

companies, and owners of other than private garages, express

companies or agencies; and all persons operating vehicles upon

the streets of the city as carriers for hire or compensation,

which persons regularly pick up or deliver or otherwise

transport wholly within or to or from the city property at an

annual rate not in excess of ten dollars per vehicle so used,

but not to exceed one hundred dollars per annum from any person

so operating: Provided, however, That in lieu thereof, the city

may levy an annual license tax not in excess of one hundred

dollars upon any such person having a place of business located

within the city; and, where no other license tax is imposed, on

telegraph, telephone, steam-heating, gas, natural gas, water,

electric light or power companies, or agencies or individuals

furnishing communication, light, heat or power, by any of the

means enumerated, and to regulate the collection of the same. If

any person, firm or corporation conducts a business at more than

one location in a city, the business conducted at each location

shall be considered and assessed as a separate and independent

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business, and shall be subject to a license tax: Provided, That

the word "business," as used in this sentence, shall not be

construed to mean or include any place of business at which the

principal business conducted is that of selling, storing or

distributing products manufactured by the firm, person or

corporation operating the business. The taxes assessed under

this section shall be in addition to all other taxes levied and

collected by the city, county, or Commonwealth.] Licensing and

Regulatory Powers.--In addition to all other powers granted by

this act and other laws, each city shall have the specific

licensing and regulatory authority provided by this article.

Section 192. The act is amended by adding a section to read:

Section 2601.1. Registration of Businesses or Occupations.--

(a) Council may, by ordinance, designate the types or kinds of

businesses or occupations located or carried out within the city

that are subject to annual registration with the city.

(b) Unless otherwise provided in this article, an ordinance

requiring registration in accordance with this section may

provide for an annual fee on businesses and occupations in an

amount reasonably related to the administration of the

registration program, not to exceed one hundred dollars.

Section 193. Sections 2602 and 2603 of the act are amended

to read:

Section 2602. Regulation of Motor Vehicles.--[Each city may

regulate the transportation by motor vehicles not operated on

tracks of passengers or property, for pay, within the limits of

the city, or from points in the city to points beyond the limits

of the city. In such regulation, the city may impose reasonable

license fees, make regulations for the operation of vehicles,

and may designate certain streets upon which such vehicles may

20110SB0874PN0890	- 328 -

only be operated.] (a) Subject to subsection (b), a city may

regulate transportation by motor vehicle.

(b) A city shall have no authority to, and shall not,

regulate transportation by motor vehicle in a manner that is

preempted by or is inconsistent with applicable Federal and

State laws and regulations, policies or orders of Federal and

State regulatory agencies.

section shall have the meanings given to them in this subsection

unless the context clearly indicates otherwise:

"Regulate." Licensing and making regulations for

transportation by motor vehicle, including the designation of

streets for transportation by motor vehicle.

"Transportation by motor vehicle." The transportation, for

pay, of passengers and property, within the limits of the city

or from points in the city to points beyond the limits of the

city, by a motor vehicle which is not operated on tracks.

Section 2603. Licensing of Plumbers.--Council may license

and provide for the collection of a license fee from all

persons, [copartnerships] partnerships, associations, or

corporations engaged or engaging in the business or work of

plumbing or house drainage, who shall have been certified as

being qualified to engage in such business, in such manner as

may be provided by ordinance or the laws of the Commonwealth.

Section 194. The act is amended by adding sections to read:

Section 2604. Power to Regulate and License Transient

Merchants.--(a) With regard to transient merchants, a city

shall have power, by ordinance, to regulate and license the

transient merchant, including, but not limited to, requiring

that a license be procured prior to commencement of transient

20110SB0874PN0890	- 329 -

merchant activity.

(b) An ordinance adopted pursuant to subsection (a) may

impose a penalty not exceeding five hundred dollars for a

violation of its provisions and may provide for other means of

enforcement.

exceed two hundred fifty dollars for each month, or fractional

part thereof, during which any sale or solicitation is

continued.

(d) (1) The term "transient merchant" as used in this

section shall include all of the following:

(i) Transient wholesale and transient retail businesses for

the sale of goods, wares or merchandise within the city.

(ii) Transient charitable solicitors for the solicitation of

charitable contributions within the city.

(2) The term shall not include any of the following:

(i) Farmers selling their own produce.

(ii) Persons selling donated goods, wares and merchandise if

the proceeds of the sale are to be applied to any charitable or

philanthropic purpose.

(iii) A person selling bakery products, meat and meat

products or milk and milk products, if that person is the

manufacturer or producer of the products sold.

Section 2605. Regulation of Special Events.--(a) In

addition to other licensing and regulatory powers authorized in

this article, council shall have the authority, by ordinance, to

require a permit for and to reasonably regulate the conduct of a

special event, which may include, but is not limited to, a music

festival, concert, dance, circus, carnival, arts and craft show,

parade, public assembly, demonstration, performance, exhibition,

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community event or block party.

(b) Regulation of a special event pursuant to this section

shall be for the purpose of protecting and preserving city and

public property or for the purpose of promoting or protecting

the public health, safety or welfare.

and require a permit for any of the following:

(1) A special event that will result in the obstruction of a

city street or sidewalk or that would compromise the ability of

the city to respond to a public safety emergency.

(2) A special event on any property wholly or partially

owned or maintained by the city.

(3) A special event on private property, if, in connection

with the event, the city will be providing city services,

including those relating to public safety, fire and sanitary

facilities, to a degree over and above that which the city

routinely provides.

Section 195. Article XXVI subdivision (b) heading, sections

2610, 2611 and 2612, subdivision (c) heading, sections 2620,

2621 and 2622, subdivision (d) heading, sections 2630, 2631,

2632, 2633, 2634, 2635, 2636, 2637, 2638, 2639 and 2640 and

subdivision (e) heading of the act are repealed:

[(b) Restrictions

Section 2610. Farmers.--No city shall levy or collect any

license fee from any farmer upon his sales of his own produce in

or about the streets of the city, but this provision shall not

be deemed to restrict in any other way a city's power to

regulate the conduct of such business.

Section 2611. Insurance Business.--No city shall levy or

collect any license fee upon insurance companies or their

20110SB0874PN0890	- 331 -

agents, or insurance brokers, authorized to transact business

under the laws of the Commonwealth.

Section 2612. Persons Taking Orders by Samples.--No city

shall levy or collect any license fee or mercantile tax upon

persons taking orders for merchandise by sample, from dealers or

merchants for individuals or companies who pay a license or

mercantile tax at their chief places of business. Nothing in

this section shall authorize any person to sell by retail to

others than dealers or merchants.

Section 2620. Power to Regulate and License.--Every city

shall have power, by ordinance, to regulate and license each and

every transient wholesale and retail business within such city

for the sale of goods, wares, or merchandise, and to prohibit

the commencement or doing of any such business until or unless

the license required by such ordinance has been procured from

the proper authorities by the person, firm or corporation

desiring to commence such transient wholesale and retail

business, and to enforce such ordinances by penalties not

exceeding three hundred dollars and by other appropriate means.

The amount of such license shall not exceed two hundred dollars

for each month, or fractional part thereof, during which any

such sale is continued.

Section 2621. Exceptions.--Nothing contained in this

subdivision (c) shall be construed to apply (1) to farmers

selling their own produce, (2) to the sale of goods, wares, and

merchandise, donated by the owners thereof, the proceeds whereof

are to be applied to any charitable or philanthropic purpose, or

(3) to any manufacturer or producer in the sale of bread and

bakery products, meat and meat products, or milk and milk

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products.

Section 2622. Commonwealth License Saved.--Nothing contained

in this subdivision (c) shall be construed to relieve any

person, partnership, or corporation from the duty of taking out

a license, or from the payment of any license tax imposed or

authorized by any other statute of this Commonwealth.

(d) Public Dances and Dance Halls

Section 2630. Definitions.--The term "public dance" or

"public ball," as used in this subdivision (d), shall be taken

to include any dance or ball conducted in connection with

instruction in dancing for hire, and any dance or ball to which

admission may be had by the payment of a fee or by the purchase,

possession, or presentation of a ticket or token, or in

connection with which a charge is made for caring for clothing

or other property, and any dance or ball to which the public

generally may gain admission with or without the payment of a

fee.

The term "dance hall" or "ball room," as used in this

subdivision, shall be taken to include any room, place, or space

in which a public dance or public ball, as herein defined, shall

be held, and any room, hall, or academy in which classes in

dancing are held and instruction in dancing is given for hire.

Section 2631. Permits for Dances; Fees.--No person, persons,

society, club, or corporation shall hold a public dance or

public ball, within the limits of any city, without having first

obtained a permit therefor from the mayor thereof, except for

dances held and conducted by regularly established instructors

in dancing in connection with such instruction.

The fee for such permit, which shall be paid at the time of

the issuing thereof, shall be one dollar for each public dance

20110SB0874PN0890	- 333 -

or ball.

Section 2632. Dance Halls, Ball Rooms, and Academies to be

Licensed; Fees.--It shall be unlawful to hold or conduct any

public dance or public ball, or to hold or conduct classes in

dancing, or to give instructions in dancing for hire, in any

hall, ball room, or academy, within the limits of any city,

unless the dance hall or ball room or academy, in which the same

may be held, shall have been duly licensed for such purpose.

Application for such license shall be made by the proprietor

of such dance hall or ball room or academy to the mayor, who is

hereby authorized to issue the same.

The fee payable for each such license granted hereunder shall

be as follows:

In the case of dance halls maintained and conducted in

connection with regularly established instruction in dancing,

and exclusively used in such connection, the annual license fee

shall be ten dollars.

In the case of all other dance halls and ball rooms, the

annual license fee shall be fifteen dollars.

Each license granted hereunder shall expire on the first day

of June of each year.

The fee payable for each license granted hereunder shall be

for the whole or any portion of a calendar year, and all moneys

received by way of license fees hereunder shall be paid into the

general fund of the city.

Every licensed public dance hall or ball room or academy

shall post its license in a conspicuous place within the hall

where the dance is held.

Section 2633. Mayor to Investigate Applications.--It shall

be the duty of the mayor to cause an investigation of all

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applications for public dance hall or ball room licenses to

determine whether or not the dance hall, ball room, or academy,

sought to be licensed, complies with the rules, regulations,

ordinances, and laws applicable thereto, and, in making such

investigation he shall, when desired, have the assistance of any

department of the government of the city.

Section 2634. Safe and Proper Places only to be Licensed.--

No license for a public dance hall or ball room or academy shall

be issued until it shall be ascertained that the place for which

it is issued complies with and conforms to all laws, ordinances,

health and fire regulations, applicable thereto, and is a safe

and proper place for the purpose for which it shall be used,

properly ventilated, and supplied with sufficient toilet

conveniences.

Section 2635. Revocation of Licenses.--The license of any

public dance hall or ball room or academy may be forfeited or

revoked by the mayor for disorderly or immoral conduct on the

premises, or upon proof that the dance hall, ball room, or

academy was frequented by disorderly or immoral persons, or for

the violation of any of the rules, regulations, ordinances, and

laws governing or applying to public dance halls, ball rooms, or

academies, or public dances. If at any time the license of a

public dance hall, ball room, or academy shall be forfeited or

revoked, at least three months shall elapse before another

license or permit shall be granted for dancing on the same

premises.

Section 2636. Licensed Places to be Kept Clean.--All public

dance halls or ball rooms or academies shall be kept at all

times in a clean, healthful, and sanitary condition, and all

stairways and other passages and all rooms connected with public

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dance hall, ball room, or academy shall be kept open and well

lighted.

Section 2637. Inspection of Licensed Places; Power of Police

to Vacate.--All public dance halls, ball rooms, and academies

shall be subject to inspection by the police department of the

city at all reasonable times and whenever they are open for

dancing, instruction in dancing, or for any other purpose.

Any police officer shall have the power to cause the place,

hall, or room where any public dance or ball is given to be

vacated whenever any provision of any law or ordinance with

regard to public dances and public balls is being violated, or

whenever any indecent act shall be committed, or when any

disorder of a gross, violent or vulgar character shall take

place therein.

Section 2638. Persons Under Sixteen to be Excluded after

Nine O'clock Post Meridian.--It shall be unlawful, after nine

o'clock post meridian, to permit any person to attend or take

part in any public dance who has not reached the age of sixteen

years.

Section 2639. Halls to be Closed at One O'clock Ante

Meridian.--All public dances shall be discontinued, and all

public dance halls shall be closed, on or before the hour of one

o'clock ante meridian: Provided, however, That upon the

application of a bona fide organization or society, and upon an

investigation by the proper authority, the mayor may grant such

organization or society a permit to continue a dance until two

o'clock ante meridian.

Section 2640. Penalties.--Any person, persons, society,

club, or corporation who shall violate any of the provisions of

this subdivision (d), shall be subject to a penalty of twenty-

20110SB0874PN0890	- 336 -

five dollars, to be recovered with costs in a summary

proceeding.

(e) Parking Lots for Profit]

Section 196. Section 2650 of the act, amended October 5,

1979 (P.L.195, No.64), is amended to read:

Section 2650. Regulation[; Revenue; Bonding] of Parking Lot

and Parking Garage Operators.--(a) For the purposes of

protecting the public [and of raising revenue], each city may

enact suitable ordinances regulating the business of operating

[for profit] for-profit parking lots and for-profit parking

garages within the city [and may require such lots to reserve

areas exclusively for parking by handicapped individuals.

License or permit fees may be charged and collected from the

operators of such parking lots]. Ordinances shall be consistent

with 75 Pa.C.S. (relating to vehicles). Each city may require

for-profit parking lots and for-profit parking garages to

reserve areas exclusively for parking by handicapped

individuals. Nothing in this section shall be construed to limit

the protections and prohibitions contained in section 202 of the

Americans with Disabilities Act of 1990 (Public Law 101-336, 104

Stat. 327), the act of October 27, 1955 (P.L.744, No.222), known

as the "Pennsylvania Human Relations Act," and the Federal and

State rules and regulations adopted in implementation of those

acts. License and permit requirements may be imposed on for-

profit parking lots and for-profit parking garages and license

or permit fees may be charged and collected from the operators

thereof.

(b) Any city adopting [such] a regulatory plan [shall

require from each operator a bond to be approved by council for

the protection of the public from loss of or damage to the

20110SB0874PN0890	- 337 -

vehicles parked, stored or placed under the jurisdiction of such

parking lot operator.] applicable to for-profit parking lots and

for-profit parking garages shall have the authority to require

that each operator maintain insurance, from an insurer legally

authorized to conduct business in this Commonwealth, in amounts

not less than that which is prescribed by council for the

protection of the public from loss of or damage to the vehicles

parked, stored or placed under the jurisdiction of the operator

and against liability arising out of the ownership or use of the

parking lot or parking garage.

Section 197. The act is amended by adding sections to read:

Section 2651. Farmers.--No city shall levy or collect any

license fee from any farmer upon sales of the farmer's own

produce in or about the streets of the city. This section shall

not restrict in any other way a city's power to regulate the

conduct of a farmer's business.

Section 2652. Insurance Business.--No city shall levy or

collect any license fee upon insurance companies or their

agents, or insurance brokers, authorized to transact business

under the laws of this Commonwealth.

Section 2653. Persons Taking Orders By Samples.--No city

shall levy or collect any license fee or mercantile tax upon

persons taking orders for merchandise by sample, from dealers or

merchants for individuals or companies who pay a license or

mercantile tax at their chief places of business. Nothing in

this section shall authorize a person to sell by retail to

persons other than dealers or merchants without payment of a

license or permit fee.

Section 2654. Commonwealth License Saved.--Nothing contained

in this article shall be construed to relieve any person,

20110SB0874PN0890	- 338 -

partnership or corporation from the duty of taking out a license

or from the payment of any license tax or fee imposed or

authorized by any other statute, nor shall any Commonwealth

license tax or fee preempt the registration, license or

regulatory powers of a city in accordance with this article,

unless the preemption is expressly authorized.

Section 198. Article XXVII heading of the act is amended to

read:

ARTICLE XXVII

[INDEBTEDNESS] REAL ESTATE REGISTRY

Section 199. Sections 2701 and 2703 of the act are repealed:

[Section 2701. No Unauthorized Debt to be Created.--No city

and no municipal department thereof shall create any debt,

except in pursuance of previous authority of law or ordinance.

Section 2703. Liability in Bond Transfers.--All certificates

of loans, issued by a city, shall be transferable by the legal

owners thereof without any liability on the part of the transfer

agents of the city to recognize or see to the execution of any

trust, whether expressed or implied, or constructive, to which

such loans may be subject, unless such transfer agents of the

city shall have previously received notice, in writing, signed

by or on behalf of the person for whom such loans appear by the

certificate thereof to be held in trust, that the proposed

transfer would be a violation of such trust.]

Section 200. The act is amended by adding a section to read:

Section 2704. Real Estate Registry.--(a) For the purpose of

procuring accurate information in reference to the ownership of

all real estate, the council of each city may provide, by

ordinance, for a real estate registry in accordance with the act

of October 9, 2008 (P.L.1400, No.110), known as the "Uniform

20110SB0874PN0890	- 339 -

Municipal Deed Registration Act." If required by the ordinance,

every owner, subsequent purchaser, devisee or person acquiring

title by partition or otherwise to any real estate in the city

shall furnish, at the designated city office, descriptions of

their respective properties upon blanks to be furnished by the

city and, at the same time, present their conveyance to be

stamped by the designated city official or employee, without

charge, as evidence of its registration. A person who fails to

for a penalty established by ordinance to be recovered, with

costs of suit, in the name and for the use of the city, as

penalties for the violation of city ordinances are recoverable.

(b) A registry established in accordance with this article

shall be in the form provided by council and may include books,

maps and plans. The registry shall show the location and

dimensions of each property in the city, as well as the street

number of and the name of the owner or owners of the properties,

and shall allow for the inclusion of the names of future owners

and dates of future transfer of title.

information necessary to establish and maintain the registry

shall have free access, without charge, to any of the public

records wherein the information may be obtained. The official or

employe may also cause search to be made in any other place for

any documentary or other evidence of title, not reported to him

or her pursuant to this article, if it is necessary for the

completion of the registry.

(d) The registry shall be preserved in the manner council

shall designate, in accordance with 53 Pa.C.S. Ch. 13 Subch. F

(relating to records).

20110SB0874PN0890	- 340 -

(e) The official or employe charged with the duty of

maintaining the registry may provide certified copies of any of

the entries thereto, and the copies shall be received in

evidence in the same manner as the original registry would be

admissible. Certified copies also may be furnished to any person

for a reasonable fee.

(f) The sheriff of the county in which the city is situated

shall present for registry the deeds of all properties within

the city limits sold by the sheriff at judicial sales, whether

by execution, in partition or otherwise.

(g) Each city's registry may be used as the lawful and

proper source of property owners' or reputed owners' names for

all lawful purposes including the filing of municipal claims.

(h) Nothing in this section shall invalidate any municipal

or tax claim by reason of the fact that the same is not assessed

or levied against the registered owner.

Section 201. The act is amended by adding an article to

read:

ARTICLE XXVII-A

NUISANCE ABATEMENT

Section 2701-A. Definitions.--The following words and

phrases, as used in this article, shall have, unless the context

clearly indicates otherwise, the meanings given to them in this

section:

"Abatement." The removal, stoppage or destruction by any

reasonable means of that which causes or constitutes a public

nuisance.

"Department." The department designated by the city council

to determine the existence of and to abate a public nuisance in

accordance with this article.

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"Owner." With regard to the property on which the alleged

public nuisance exists, the owner of record based upon the

city's real estate registry, if the city maintains a registry,

or if the city does not maintain a real estate registry, on the

tax assessment records of the city, if any, or of the county in

which the city is located. The term may include any person in

whom is vested all or any part of the legal or equitable title

to the property or who has charge, care or control of the

property as agent, executor, administrator, assignee, receiver,

trustee, guardian, lessee or mortgagee in possession.

"Property." Any personal property or any real property and

any improvements thereto.

"Public nuisance."

(1) Any conduct or any property, or condition or use of

property, defined or declared to be a public nuisance under any

provision of this act or other law.

(2) Conduct or property, or the condition or use of property

if the department determines that it endangers the health or

safety of, or causes any hurt, harm, inconvenience, discomfort,

damage or injury to, any person or property in the city, by

reason of the conduct or property, or the condition or use of

the property, being any of the following:

(i) A menace, threat or hazard to the general health and

safety of the community.

(ii) A fire hazard.

(iii) A building or structure that is unsafe for occupancy

or use.

(iv) Property that is so inadequately or insufficiently

maintained that it diminishes or depreciates the enjoyment and

use of other property in its immediate vicinity to such an

20110SB0874PN0890	- 342 -

extent that it is harmful to the community in which the property

is situated.

(3) Unauthorized accumulations of garbage and rubbish and

the unauthorized storage of abandoned or junked automobiles or

other vehicles on private or public property, and the carrying

on of any offensive manufacture or business.

"Summary abatement." Abatement of a public nuisance by the

city without prior notice to the owner of the property in

accordance with this article.

Section 2702-A. Report and Investigation of a Public

Nuisance.--(a) Council shall designate the department to which

reports of the existence of a possible public nuisance shall be

made.

(b) The designated department shall establish criteria for

investigating reports made to it to determine the existence of a

public nuisance. The reports may be submitted by any member of

the public, any city employe or elected or appointed city

official or result from inspections made by the department.

to it or an investigation made by it, reasonably believes the

reported property involves a building which appears to be

structurally unsafe, it shall notify the city's building

inspector or other appropriate official who shall cause the

property to be inspected, subject to constitutional standards in

a similar manner as provided in section 2308, and submit a

written report to the department.

(d) Upon completing its investigation and receiving any

written reports required by subsection (c), the department shall

determine all of the following:

(1) If a public nuisance exists.

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(2) If the public nuisance is of such a severe and

substantial nature that it presents a clear, immediate and

substantial danger to public health or safety or to the health

or safety of any occupant of a property on which a public

nuisance exists or of any property in the vicinity of the public

nuisance, that it is sufficient to justify extraordinary and

immediate action without prior notice to the owner of the

property to avoid personal injury, death or substantial loss of

property.

(e) Following an investigation, the department shall retain

a copy of its findings including any reports made to it and any

photographs of the property or condition investigated, pursuant

to 53 Pa.C.S. Ch. 13 Subch. F (relating to records).

Section 2703-A. Summary Abatement.--(a) A city shall have

the power to utilize summary abatement in accordance with this

section.

(b) In the case of a reported public nuisance, the

department shall have authority to utilize summary abatement if

all of the following occur:

(1) The department determines the existence of the criteria

in section 2702-A(d)(1) and (2).

(2) The mayor, or the mayor's designee, provides express

authorization to utilize summary abatement.

subsection (b), the department shall have the authority to enter

upon the property for the purpose of abatement without prior

notice to the owner of the property or to the holders of liens

thereon.

(d) The following shall apply:

(1) Within ten days following a summary abatement, the

20110SB0874PN0890	- 344 -

department shall post on the property upon which the abatement

has occurred a notice describing the action taken to abate the

nuisance.

(2) Within twenty days following a summary abatement, the

department shall determine the identity of the owner of the

property by reference to the city's real estate registry, if the

city maintains a registry, or in the absence of a registry, by

reference to county assessment records and the identity of the

holders of all liens upon the property which are properly

indexed among the records of the county and provide to the owner

and to all lienholders written notice, by first class mail or

hand delivery, of the action taken to abate the nuisance.

(3) Within thirty days following a summary abatement, the

department shall file with the city treasurer or other financial

officer of the city designated by council a statement of costs

of the abatement, which shall include the administrative fee and

civil penalty provided by this article. After filing with the

city treasurer, notice of the statement of costs shall be

provided to the owner and lienholders in accordance with section

2704-A(b).

Section 2704-A. Prior Notice of Abatement.--(a) The

department shall have the authority to abate a public nuisance

with prior notice as provided by this section if, after

inspecting the property or condition reported to be a public

nuisance, subject to constitutional standards in a similar

manner as provided in section 2308, the department determines,

as provided for in section 2702-A(d)(1), that the public

nuisance exists.

(b) (1) If the department proceeds with abatement pursuant

to this section, it shall identify the owner of the property by

20110SB0874PN0890	- 345 -

reference to the city's real estate registry, if the city

maintains a registry, or in the absence of a registry, by

reference to county assessment records, and shall immediately

serve a written notice on the owner by any of the following

methods:

(i) Personal service.

(ii) Leaving a copy of the notice at the usual place of

residence or business of the owner or the address of the owner

shown in the city's real estate registry or in the records in

the office of the recorder of deeds.

(iii) Mailing a copy by United States certified mail, return

receipt requested, to the owner at the owner's current address

shown in the city's real estate registry or in the records in

the office of the recorder of deeds.

(2) If service of the written notice is unable to be

perfected by any of the methods under clause (1), the department

shall publish a copy of the notice in a newspaper once a week

for two consecutive weeks and shall provide a copy of the notice

to the individual in possession of the property on which the

department has determined that the public nuisance exists, or if

there is no individual in possession of the property, the

department shall post a copy of the notice at the structure,

location or premises.

(3) The department shall determine from the records in the

offices of the recorder of deeds the identities of all

lienholders of the property and serve a written notice on all

lienholders by United States certified mail, return receipt

requested.

clearly and concisely the findings and determination of the

20110SB0874PN0890	- 346 -

department with respect to the existence of a public nuisance.

The notice shall further state that the public nuisance shall be

abated by the city at the expense of the owner unless it is

otherwise abated within thirty days of the notice or within any

extension of that period granted by the department.

(d) A person who is the owner of the premises, location or

structure at the time a notice to abate a public nuisance is

issued and served upon the person shall be responsible for

complying with the notice and shall be liable for any costs

incurred by the city in connection with the notice,

notwithstanding if the person conveyed his or her interest in

the property to another after the notice was issued and served.

(e) It shall not be a defense to the determination that a

public nuisance exists that the property is boarded up or

otherwise enclosed.

Section 2705-A. Abatement by Owner.--(a) Within thirty days

after written notice has been provided pursuant to section 2704-

A(b)(1) or (2), the owner shall remove and abate the nuisance.

(b) The department, upon written application by the owner

within the thirty-day period referred to in subsection (a), may

grant additional time for the owner to effect the abatement of

the public nuisance, if the extension is limited to a specific

time period.

Section 2706-A. Appeal After Notice; Hearing.--(a) A city

shall, by ordinance, provide a procedure pursuant to which an

owner of the property who has been served with a notice pursuant

to section 2704-A(b)(1) or (2) may request and have a timely

hearing on the question of whether a public nuisance in fact

exists.

(b) Council, or a committee of three council members

20110SB0874PN0890	- 347 -

appointed by council, shall constitute the public nuisance

appeals board which, if an appeal is taken, shall conduct the

hearing on the question of whether a public nuisance in fact

exists. The appeals board may uphold, amend or modify the

determination of the department or extend the time for

compliance with the department's order if the extension is

limited to a specific time period.

the period of time within which the nuisance is to be abated

until a decision is rendered by the appeals board.

Section 2707-A. Abatement by City After Notice; Statement of

Costs.--If a public nuisance has not been abated at the

expiration of thirty days after notice has been provided or

within the additional time as the department or appeals board

may grant, taking into consideration the provisions of section

2706-A(c), the department shall have the authority to enter upon

the property for the purpose of abatement. Upon abatement in

accordance with this section, the department shall file with the

city treasurer or other financial officer of the city designated

by council a statement of costs of the abatement which shall

include the administrative fee and civil penalty provided by

this article.

Section 2708-A. Assistance in Abatement.--In abating a

public nuisance, the department may call upon any of the city

departments or divisions for whatever assistance shall be deemed

necessary or may abate the public nuisance by private contract.

Section 2709-A. Salvage of Material.--If deemed practicable

by the department, the department may salvage and sell at

private or public sale any material derived from an abatement of

a public nuisance. Pursuant to ordinance, all of the following

20110SB0874PN0890	- 348 -

shall apply to the proceeds obtained from the sale of any

material salvaged as a result of an abatement:

(1) The proceeds shall be deposited as directed by

ordinance.

(2) The proceeds may be applied against the amount of the

costs, fees and penalties relating to the abatement.

(3) If the amount of the proceeds exceeds the amount of the

costs, fees and penalties, any excess shall be paid to the

owner.

Section 2710-A. Notice of Assessment; Appeal of Charges.--

(a) Upon receipt of the statement of costs from the department,

either for a summary abatement pursuant to section 2703-A or for

an abatement with notice pursuant to section 2704-A, the

treasurer or other financial officer of the city designated by

council shall, in accordance with section 2704-A(b), give notice

of the amount set forth in the statement of costs to the owner

and lienholders of the property upon which the public nuisance

has been abated. The notice shall state that the city proposes

to assess against the property the amount set forth in the

notice and that objections to the proposed assessment must be

made in writing and received by the designated officer within

twenty days from the date of mailing the notice.

(b) Upon the expiration of the twenty-day period, if no

written objections have been received by the officer, the total

amount of costs, fees and penalties specified in the statement

of costs may be entered as a lien against the property on which

the nuisance was abated and shall be collected in the manner

provided for the collection of municipal claims and liens,

subject to rights of appeal provided in this section.

20110SB0874PN0890	- 349 -

by the designated officer prior to the expiration of the twenty-

day period, the officer shall refer the matter to the department

for administrative review.

(d) The city shall, by ordinance, provide a procedure by

which the department shall make a determination regarding any

timely filed objection and by which an appeal of the

department's determination may be made to the appeals board

referred to in section 2706-A(b).

(e) The determination of the appeals board shall be a final

administrative decision within the city.

(f) The department, in administrative review, or the appeals

board, on appeal, may reduce or cancel a proposed assessment if

it is determined that any of the following did not conform to

the provisions of this article:

(1) The notice to remove the nuisance.

(2) The work performed in abating the nuisance.

(3) The computation of charges.

(g) The department, in administrative review, or the appeals

board, on appeal, may reduce a proposed assessment by

eliminating the civil penalty portion of the statement of costs

if any of the following applies:

(1) The current owner did not own the property at the time

the notice required in section 2703-A was posted.

(2) The owner did not receive the notice to remove the

nuisance, did not have knowledge of the nuisance and could not,

with the exercise of reasonable diligence, have had knowledge of

the nuisance.

Section 2711-A. Personal Liability of Owner.--

Notwithstanding the right of the city to utilize in rem

proceedings to pursue collection of the costs, fees and

20110SB0874PN0890	- 350 -

penalties in the statement of costs as a municipal claim, the

person who is the owner of the property at the time of a summary

abatement at which the notice required is given or, in the case

of an abatement pursuant to section 2704-A, the person who was

the owner of the property at the time notice of the existence of

the public nuisance was given shall be personally liable for the

amount of the assessment, including all interest, other charges

and, except as provided in section 2710-A(g), civil penalties.

Section 2712-A. Administrative Fee and Civil Penalties.--

Whenever a public nuisance is abated by the city, the statement

of the costs of the public nuisance shall include the city's

actual cost of abatement, plus an administrative fee, not to

exceed ten per centum, and a civil penalty. For the first

abatement of a nuisance upon any owner's property within the

city in any two-year period, the civil penalty shall be two

hundred fifty dollars. For second and subsequent abatements,

upon any properties of any owner within the city during any two-

year period, the civil penalty shall be five hundred dollars.

The increased civil penalty shall be imposed and collected

regardless of whether the second and subsequent nuisances upon

property or properties of an owner involve the same property or

are of the same or different characters.

Section 202. Article XXVIII heading of the act is amended to

read:

ARTICLE XXVIII

[PROCEDURE FOR THE EXERCISE OF EMINENT DOMAIN AND THE

ASSESSMENT OF DAMAGES AND BENEFITS BY VIEWERS]

EMINENT DOMAIN

Section 203. Sections 2801 and 2802 of the act are amended

to read:

20110SB0874PN0890	- 351 -

Section 2801. Exercise of Eminent Domain.--[In the] (a) In

addition to all other purposes for which a city may exercise the

power of eminent domain as authorized by this act or by other

laws of the Commonwealth, and subject to the duty to provide

just compensation, a city may acquire property by eminent

domain, including entering upon, appropriating, taking, using

and occupying private lands and property for any of the

following public purposes:

(1) The laying out, opening, widening, extending, vacating,

grading, or changing the grades or lines[,] of streets[, the].

(2) The construction of bridges, and the piers, abutments

and approaches therefor[, the].

(3) The construction of slopes, embankments and storm water

sewers, including storm water drains[, the].

(4) The erection and extension of [water-works] waterworks,

wharves and docks, public buildings, public works, filtration

plants, sewage systems, sewage treatment works, [garbage] waste

disposal plants, [lands and places for the disposal of ashes and

other refuse materials] including disposal of garbage, ashes and

other refuse materials and transfer facilities, gas plants,

electric power and light plants, [houses of detention,

workhouses, poor farms, poor houses,] fire [engine] houses,

hospitals, public auditoriums, memorial buildings, public

transportation facilities, comfort stations, homeless shelters,

waiting stations, communications facilities, drinking fountains,

[and] libraries[, the] and other public buildings and public

works.

(5) The establishing of recreation places[, and].

(6) The changing of watercourses[, the].

(7) The acquisition of lands, easements and property for use

20110SB0874PN0890	- 352 -

of the Pennsylvania National Guard[, and for all other purposes

authorized by this act and the laws of the Commonwealth, a city

may enter upon, appropriate, take, use, occupy, injure, or

destroy, private lands, property, toll bridges, or material. All

such action by the city shall be provided for by ordinance. A

copy of each such ordinance shall be recorded within thirty days

after its enactment in the office of the recorder of deeds in

and for the county or counties wherein such property is situate,

and shall be indexed in the name of the property owner affected

thereby. A copy of the ordinance shall be sent by registered

mail to each such property owner at his last known address.] in

accordance with sections 4413-A and 4414-A.

(b) Eminent domain proceedings shall be subject to and

conform with the provisions of 26 Pa.C.S. (relating to eminent

domain).

Section 2802. Restrictions as to Certain Property.--In

addition to the restrictions made by other provisions of this

act in particular cases or by any other provision of law, no

city shall exercise the right of eminent domain as against land

now occupied by any building which was used during the Colonial

or Revolutionary period as a place of Assembly by the Council of

the Colony of Pennsylvania, the Supreme Executive Council of the

Commonwealth of Pennsylvania, or the Congress of the United

States; or as against the land occupied by any fort, redoubt, or

blockhouse[,] erected during the Colonial or Revolutionary

period[,] or any building used as headquarters by the Commander-

in-Chief of the Continental Army, or as against the site of any

building, fort, redoubt, blockhouse, or headquarters[,] which

are preserved for their historic associations and not for

private profit. The Colonial and Revolutionary period shall be

20110SB0874PN0890	- 353 -

[taken as] deemed to have ended on the third day of September,

one thousand seven hundred and eighty-three.

Section 204. The act is amended by adding a section to read:

Section 2803. Title Acquired.--Except as otherwise provided

in law, if land or other real or personal property is acquired

by a city in eminent domain proceedings or is acquired by gift,

purchase or otherwise, the title obtained by the city shall be

in fee simple absolute or like absolute ownership unless the

parties agree otherwise in writing and the agreement expressly

appears in a recorded deed affecting any real property acquired

by the city or in the notice of condemnation.

Section 205. Sections 2809 and 2823 of the act are repealed:

[Section 2809. Value of Land or Property not to be Assessed

as Benefits; Exception.--In all cases of the appropriation of

land or property for public use, other than for streets, it

shall not be lawful to assess any portion of the damage done to

or value of the land or property so appropriated, against the

other property adjoining or in the vicinity of the land or

property so appropriated.

Section 2823. Assessment of Damages and Benefits.--The

damages may be paid, in whole or in part, by the city, or may be

assessed, in whole or in part, upon the land or property

benefited. In the latter case, the viewers having first

determined the damages apart from the benefits shall assess the

total cost of the improvement, or so much thereof as may be just

and reasonable, upon the lands or properties peculiarly

benefited, including in the assessment all parties for which

damages have been allowed, and shall report the same to the

court. The total assessments for benefits shall not exceed the

total damages awarded or agreed upon.]

20110SB0874PN0890	- 354 -

Section 206. Section 2824 of the act is reenacted to read:

Section 2824. Assessment Awards.--In proceedings to assess

damages and benefits, if the land or property is both benefited

and damaged by such improvements, the excess of damages over

benefits, or the excess of benefits over damages, or nothing in

case the benefits and damages are equal, shall be awarded to or

assessed against the owner of land and property affected

thereby.

Section 207. Section 2850 of the act is repealed:

[Section 2850. Title Acquired.--In all cases where land or

property is acquired by the city in eminent domain proceedings

other than for street purposes, or is acquired by gift, purchase

or otherwise, the title obtained by the city shall be in fee

simple or like absolute ownership: Provided, That in particular

instances a different title may by agreement or consent be

acquired.]

Section 208. Article XXIX heading of the act is reenacted to

read:

ARTICLE XXIX

STREETS

Section 209. The heading of subdivision (a) of Article XXIX

of the act is repealed:

[(a) Plans and Location]

Section 210. The act is amended by adding sections to read:

Section 2901. Map of Streets.--Council may authorize and

approve a comprehensive map of city streets which may, but need

not, be a part of an official map adopted in accordance with the

Municipalities Planning Code. If a comprehensive map of city

streets is adopted, any street subsequently laid out in

accordance with this act shall be deemed an amendment to the

20110SB0874PN0890	- 355 -

comprehensive map.

Section 2902. Laying Out Streets.--(a) A city shall have

the power to and may lay out streets by any of the following

means:

(1) By identifying the street on a comprehensive map of city

streets, in an amendment to the comprehensive map or in a

recorded subdivision or land development plan.

(2) By an ordinance laying out any area for future opening

as a public street.

(b) If, at the time of the enactment of an ordinance in

accordance with subsection (a)(2), the lines of the laid-out

street include property not subject to use as a public

passageway, the ordinance shall be filed with the recorder of

deeds of the county where the city is located. The recorder of

deeds shall index the ordinance by name of city, the name of the

property owner and, if applicable, the parcel number of the

property through which the proposed street is laid out.

Section 2903. Effect of Laying Out of Street.--With regard

to land not previously used by the city as a passageway for

public travel, the laying out and locating of a street in

accordance with this article shall not, in and of itself, do any

of the following:

(1) Authorize the entry upon or the appropriation of any

property.

(2) Constitute the opening of any street or the taking or

acceptance of any land.

(3) Obligate the city to improve or maintain the street or

land.

Section 2904. Improvements Within Laid-out Streets.--No

permit shall be issued for any building within the lines of any

20110SB0874PN0890	- 356 -

street laid out pursuant to this article. No person shall

recover any damages for the taking for public use of any

building or improvements constructed within the lines of any

street after the same shall have been included in the general

plan or official map, and any building or improvement shall be

removed at the expense of the owner.

Section 211. Article XXIX subdivision (b) heading of the act

is repealed:

[(b) Opening, Widening, Extending, Straightening and Vacating]

Section 212. Section 2915 of the act is amended to read:

Section 2915. Power to Open, Etc.--[Cities] (a) With regard

to any street or any part of a street within city limits, a city

may, with or without any petition of property owners, [may] do

any of the following:

(1) [open] Open, widen, straighten, alter, extend and

improve[, and may].

(2) [establish] Establish or reestablish the grades [of,

and].

(3) [keep] Keep in order and repair and in safe passable

condition[, any street, or any part thereof, within the city

limits, or may].

(4) [vacate] Vacate and discontinue [the same] whenever

deemed expedient for the public good[,].

(5) With the approval of the Department of Transportation,

vacate highways laid out by the Commonwealth within the city

limits which have remained unopened for thirty years.

(b) [and] A city may provide for the payment of the cost

[thereof,] for any of the actions authorized in subsection (a),

either in whole or in part, from the general revenues of the

city. [Cities may vacate highways laid out by the Commonwealth

20110SB0874PN0890	- 357 -

within their limits, which highways have remained unopened for

thirty years.]

Section 213. Section 2916 of the act, amended June 14, 1961

(P.L.362, No.197), is amended to read:

Section 2916. Ordinances [when no] When No Petition is

Presented.--[Any ordinance for](a) An ordinance shall be

enacted for the opening, widening, straightening, extending or

vacating of any street, without petition of property owners,

[shall be adopted] by the affirmative vote of [at least four

members of any five member council, and under the mayor-council

plan A of government adopted pursuant to the Optional Third

Class City Charter Law, by the affirmative vote of at least five

members of a seven member council and by the affirmative vote of

at least seven members of a nine member council] a majority of

the whole number of members of the council plus one.

(b) [No such ordinance shall be finally adopted] An

ordinance pursuant to subsection (a) shall not be finally

enacted until the expiration of twenty-eight days from the date

of its introduction and, in the meantime, copies thereof shall

be published in [one or more of the newspapers of the city,] a

newspaper once a week for three consecutive weeks[,] immediately

following the introduction thereof[, and in case no newspaper is

published in the city, then in the same manner in one newspaper

published in the county].

Section 214. Sections 2917, 2918 and 2919 of the act are

amended to read:

Section 2917. Erection of Improvements Restricted.--Any

ordinance widening or straightening any street, or part thereof,

shall fix the new line or lines and may require that thereafter

no owner or builder shall erect any new building or rebuild or

20110SB0874PN0890	- 358 -

alter the front of any building already erected without making

it conform to the new lines[. In], in which case the land

owner's right of action shall accrue only when the city actually

enters on and occupies the land within the [said lines, or the

said] lines or the building is located or relocated to conform

to [said] the lines.

Section 2918. Petition for Opening, Etc.--(a) A petition

may be presented to council for the opening, widening,

straightening, altering, extending, vacating, or [for the]

establishing or reestablishing of the grade of any street[,].

(b) A petition made pursuant to this section shall be signed

by a majority, in number and interest, of the owners of property

abutting on the line of the proposed improvement or vacation as

fixed at the time of presentation of the petition, and shall be

verified by the affidavit of one or more of the petitioners. The

majority in interest of owners of undivided interests in any

piece of property shall be deemed as one person for the purposes

of the petition.

Section 2919. Notice of [Ordinance and] Petition[;

Appeal].--[Upon the approval of] After the presentation of the

petition presented in accordance with section 2918, and

council's determination of the adequacy of the petition, but

before final enactment of any ordinance [passed] enacted

pursuant to [said] the petition, notice shall be [given, once a

week in one] published in a newspaper, [as required by section

one hundred and nine of this act,] and [by] handbills shall be

posted in conspicuous places along the line of the proposed

improvement. The notice and handbills shall state the fact [of

the passage of the ordinance, and the date thereof,] that the

petition for the improvement was signed by a majority in

20110SB0874PN0890	- 359 -

interest and number of the owners of property abutting the line

of the proposed improvement, and that any person interested may

[appeal to the court of common pleas of the county within thirty

days after the passage of the said ordinance.] provide comments

at a public hearing to be held at a date, time and place as

stated in the published notice and handbills. If, after the

hearing, council determines to proceed with the consideration of

an ordinance pursuant to the petition, it shall publish notice

of the ordinance and incorporate reference to any maps or

drawing, in accordance with subdivision (a.1) of Article X.

Section 215. Sections 2920 and 2921 of the act are repealed:

[Section 2920. Appeal from Ordinance.--Any person interested

may, within thirty days from the passage of the ordinance,

appeal from the validity of the ordinance to the court of common

pleas questioning the legality of the petition for improvement

or of the said ordinance or of both. If said court shall find

the petition or ordinance materially defective under the law, it

shall declare the ordinance void, otherwise it shall approve the

same.]

Section 216. Section 2921 of the act, repealed in part June

3, 1971 (P.L.118, No.6), is repealed:

[Section 2921. Effect of Failure to Appeal.--The parties

interested shall not question the legality of the petition and

ordinance in any manner or matter or at any time whatever,

except as provided in section two thousand nine hundred and

twenty of this act.]

Section 217. Section 2922 of the act is amended to read:

Section 2922. Assessment of Damages and Benefits.--[In any

proceedings under this subdivision of this article,] If

necessary, in any proceedings to exercise one of the powers

20110SB0874PN0890	- 360 -

given in section 2915, viewers shall be appointed, damages

awarded, and benefits assessed as provided in 26 Pa.C.S.

(relating to eminent domain) or as provided in this act for

[such proceedings] the assessment of benefits.

Section 218. Article XXIX subdivision (c) heading of the act

is repealed:

[(c) Grading, Paving, Macadamizing, Et Cetera]

Section 219. Sections 2930 and 2931 of the act are amended

to read:

Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.--

(a) Every city may grade, pave, macadamize or otherwise[,]

improve any street, or part thereof, and the sidewalks thereof

when included as a part of the improvement, have the same set

with curbstone, and provide for the drainage thereof.

(b) Every city may also provide for the improvement of any

[highway, or] street, or any sections or parts thereof, in

length, in the space between the curb, gutter, or [actual

carriage-way line] cartway and the property line, either by an

original work or improvement thereon, or by a change, repair,

renewal, or alteration in the [said] street or curb, or in

parking spaces, or shade trees, or by changing, altering,

renewing, replanting, pruning, or otherwise [improving the same,

in any or all of said particulars] making improvements therein.

Section 2931. Payment of Cost of Improvement.--The costs and

expenses of [things] the improvements done under [section two

thousand nine hundred and thirty of this act] section 2930 shall

be paid, in whole or in part, by the city, or by the owners of

real estate bounding and abutting thereon, which cost and

expense upon the abutting real estate shall be assessed

according to the foot-front rule, or according to the benefits,

20110SB0874PN0890	- 361 -

as council shall, by ordinance, determine, except that in case

of grading only, the [said] costs and expense shall be assessed

according to benefits.

Section 220. Sections 2932, 2933 and 2934 of the act are

repealed:

[Section 2932. Assessment of Cost by Foot-Front Rule.--When

the costs and expenses, or any part thereof, are to be paid for

by the foot-front rule, the council shall assess or cause to be

assessed the said cost and expenses upon the real estate

bounding or abutting on the line of the improvement, by an equal

assessment on said property in proportion to the number of feet

the same fronts on the respective street, or part thereof, to be

improved. The council may provide for an equitable reduction

from the frontage of lots at all street, railroad, or like

intersections, or where, from the peculiar or pointed shape of

the lots, an assessment for the full frontage would be

inequitable.

Section 2933. Assessment of Costs According to Benefits.--

When the cost and expenses, or any part thereof, of any grading,

paving, macadamizing, or other improvement of any street, or

part thereof, is to be paid for by the owners of real estate

abutting or bounding thereon as aforesaid, according to

benefits, the same shall be assessed by viewers appointed by the

court of common pleas, as provided in this act for the

assessment of benefits by viewers.

Section 2934. Ordinance for Improvement at Expense of

Property Owners upon Petition.--Council may, by ordinance,

provide for the paving, macadamizing, grading, or other

improvement of any street, or part thereof, at the cost and

expense of the abutting property owners in whole or in part,

20110SB0874PN0890	- 362 -

upon the petition therefor of a majority in number or interest

of the owners of property abutting or bounding on the line of

the proposed improvement, to be verified by the affidavit of one

or more of the petitioners. A majority in interest of owners of

undivided interests in any piece of property shall be deemed and

treated as one person for the purpose of said petition.]

Section 221. Section 2935 of the act, amended June 14, 1961

(P.L.362, No.197), is repealed:

[Section 2935. Ordinance for Improvement at Expense of

Property Owners without Petition.--Council may, by ordinance,

provide for the paving, macadamizing, grading or other

improvement of any street, or part thereof, at the cost and

expense of the abutting property owners, in whole or in part,

without petition therefor of abutting property owners if the

ordinance for such improvement has been passed by the

affirmative vote of four members of any five member council, and

under the mayor-council plan A of government adopted pursuant to

the Optional Third Class City Charter Law, by the affirmative

vote of at least five members of a seven member council and by

the affirmative vote of at least seven members of a nine member

council. Such ordinance shall not be passed in a less period

than twenty-eight days from the date of its introduction; and,

in the meantime, copies of such ordinance shall be published, in

one or more newspapers, once a week for three weeks, in the

manner required by section one hundred and nine of this act. The

requirements for such publication shall not, however, preclude

the amendment of any paving ordinance as to the kind of pavement

with which any street, or part thereof, or sidewalk, is proposed

to be paved.]

Section 222. Sections 2936 and 2937 of the act are repealed:

20110SB0874PN0890	- 363 -

[Section 2936. Appeal from Ordinance.--Any person affected

may appeal from said ordinance in the manner and time and with

the effect provided for in sections two thousand nine hundred

twenty and twenty-one of this act.

Section 2937. Assessment of Damages and Benefits.--In any

proceedings under this subdivision of this article where the

cost and expense of the improvement is not assessed by the foot-

front rule, viewers shall be appointed, damages awarded, and

benefits assessed as provided in this act, for such

proceedings.]

Section 223. Section 2938 of the act is amended to read:

Section 2938. Preparation of Streets for Paving or

Repairing.--(a) Council may provide, by ordinance, for the

laying, renewing, and repairing of all gas, water, steam, or

other pipes, or conduits[,] in any street, before the paving,

repaving, or repairing of the same, and for making the necessary

[house] connections with [said] the pipes[, and also for].

(b) With regard to main or lateral sewers, council may

provide for the necessary [house] connections and branches [with

and] leading into main or lateral sewers[: Provided, That in no

case, except as a sanitary measure, of which council shall be

the judge, shall council require such house connections to be

extended further from such sewers, or from such gas, water,

steam, or other pipes, or conduits, than to the inner line of

the curbstone of such street Council may,].

sewers or from gas, water, steam or other pipes or conduits,

council may not require private utility companies to make

extensions beyond the inner line of the curbstone of the street

unless it determines that it is necessary to do so as a sanitary

20110SB0874PN0890	- 364 -

measure.

(d) If, after notice to all companies, corporations,

persons, and owners affected[, and in default of compliance

therewith, cause said pipes to be laid, renewed, or repaired,

and said connection made,] of the necessity for the laying,

renewing and repairing of gas, water, steam or other pipes or

conduits in a street and the necessity of making necessary

connections, prior to the proposed paving, repaving or repairing

of the street, there is a failure to comply, council may perform

work and may collect the cost of paving[, and repairing all

pipes and pipe connections, from the companies, corporations, or

persons owning or operating the said gas, water, steam, and

other pipes or conduits,] or repaving, or repairing of the pipes

or conduits, with interest[; and the], from the companies,

corporations, persons and owners affected. The cost of the sewer

connections shall be a first lien against the land for whose

benefit [such] the connections are made. A separate lien may be

filed therefor, or [such] the sewer connection cost may be

included in any lien filed for the cost of [such] the street

improvement, and the lien and the proceedings thereon shall be

as in the case of other municipal liens.

Section 224. Section 2939 of the act, amended September 26,

1951 (P.L.1515, No.379), is amended to read:

Section 2939. Highways in Cities.--Wherever in this act a

city is given powers, rights and duties as to its streets or

sections thereof, the same shall extend as well to highways or

sections thereof which are also streets of the city, to the

extent that the city is legally responsible for them, pursuant

to agreement or otherwise, excepting damages to abutting

property owners for acts of the Commonwealth unless the city

20110SB0874PN0890	- 365 -

shall assume them, under this act or the [State Highway Law.]

act of June 1, 1945 (P.L.1242, No.428), known as the "State

Highway Law." The use of the word "street" in this act shall to

that extent include highways.

Section 225. Article XXIX subdivision (d) heading of the act

is repealed:

[(d) Grade Crossings]

Section 226. Section 2950 of the act is amended to read:

Section 2950. [Consent of Public Utility Commission] Grade

Crossing; Pennsylvania Public Utility Commission; Jurisdiction;

Damages.--(a) Every city constructing a street across a

railroad shall construct the same above or below the grade

thereof, unless permitted by the Pennsylvania Public Utility

Commission to construct the same at grade.

(b) Any new construction of a street crossing a railroad, or

any vacation of any street crossing a railroad, shall be

constructed or vacated only in a manner consistent with the

rules and regulations and under the jurisdiction of the

Pennsylvania Public Utility Commission. The compensation for

damages to the owners of adjacent property taken, injured or

destroyed by the construction of a street crossing a railroad or

any vacation of any street crossing a railroad shall be

ascertained, fixed and paid in a manner consistent with 66

Pa.C.S. Pt. I (relating to public utility code).

Section 227. Section 2951 and Article XXIX subdivision (e)

heading of the act are repealed:

[Section 2951. Public Utility Commission; Jurisdiction;

Damages.--Any such crossings of a railroad by a street, or any

vacation of any street crossing a railroad, shall be constructed

or vacated only in the manner prescribed by, and under the

20110SB0874PN0890	- 366 -

jurisdiction of, the Public Utility Commission. The compensation

for damages to the owners of adjacent property taken, injured or

destroyed shall be ascertained, fixed, and paid in the manner

prescribed in the Public Utility Law.

(e) Acquisition of Unobstructed View Across Lands]

Section 228. Section 2955 of the act is amended to read:

Section 2955. Acquisition of Unobstructed Views.--Any city

may acquire, by purchase or by the right of eminent domain, a

free and unobstructed view down and across lands located at or

near intersections or curves of streets, railroads or railways,

[or curves of any of them, as may be necessary,] to assure a

free and unobstructed view in all directions at [such places,]

the intersections or curves and to prevent the use of [such] the

lands over and across which the view was acquired for any

purpose or in any manner which may interfere with or obstruct

the vision of any person or persons traveling upon any [such]

street within the city. [Upon any such condemnation, the city

having instituted the condemnation proceedings shall file with

the recorder of deeds a plan, showing the property condemned and

such other detailed information as may be deemed necessary and,

after the same is filed, said city may, from time to time, abate

or remove, or cause to be abated or removed, any obstruction to

such view over and across such lands.

The proceedings for the condemnation of such view over and

across such lands, and for the assessment of damages for

property taken, injured or destroyed, shall be in the manner

provided in this act for property taken, injured or destroyed.

Upon the condemnation of a view over and across any lands for

the purposes aforesaid, the owner of such lands may make every

such use thereof as will not interfere with a free and

20110SB0874PN0890	- 367 -

unobstructed view at such intersection or curve. Unless

specially provided for in such condemnation proceedings, such

condemnation shall not be construed to prevent the owner thereof

from using such land for pasture or the growing of grass, oats,

wheat, or other crops which will not obstruct the vision more

than wheat.]

Section 229. Article XXIX subdivision (f) heading of the act

is repealed:

[(f) Use of Abutting Lands]

Section 230. Section 2960 of the act is amended to read:

Section 2960. Use of Abutting Lands for Embankments, Slopes,

Fills, and Culverts.--In the grading of any street, or any part

thereof, cities are hereby authorized and empowered to use so

much of the lots and lands abutting on the [same] street for the

construction of embankments, slopes, fills and culverts, as may

be necessary [and proper] for the completion of the improvement.

[The assessment of] Compensation for damages, costs, and

expenses, resulting [thereby, shall be regarded as other

assessments of damages, costs, and expenses, caused by the

grading of streets, in cities and shall be assessed and paid as

is provided by this act in such cases] from the use of lots and

lands abutting on the street for the construction of

embankments, slopes, fills and culverts shall be made in the

same manner as compensation for using and occupying private

lands for the grading of streets in accordance with section

2801.

Section 231. Article XXIX subdivision (g) heading, section

2963, subdivision (h) heading, section 2965 and subdivision (i)

heading of the act are repealed:

[(g) Abandoned Turnpikes

20110SB0874PN0890	- 368 -

Section 2963. Maintenance and Improvement of Condemned and

Abandoned Turnpikes.--When any turnpike, or part thereof,

situate in the same or more than one county, shall be condemned

for public use, free of tolls, and the assessment of damages

therefor shall have been paid by the county, or when any

turnpike company or association has abandoned its turnpike, or

any part thereof, or when any turnpike company or association

has been dissolved, such turnpike, or part thereof, located

within the limits of any city shall be maintained and improved

in the same manner as other streets of the city.

(h) Unlawful Assessments

Section 2965. Repayment of Assessments Paid to City by

Owners of Property Unlawfully Assessed.--Any city receiving

money in payment of an assessment levied under any provision of

this article shall repay the same or so much thereof as shall be

ordered to any parties bringing the action, within two years of

such payment or payments, upon the final determination of a

proper court in a proper issue that the assessment levied was

not such as the owner of the property so assessed was liable to

pay at the time council ordered the work to be done for which

the assessment was made, or within the said period of two years,

the city may repay such money voluntarily upon a showing that

the same was paid inadvertently, or such assessment or part

thereof was made erroneously.

(i) Streets or Roads Connecting City with Highways]

Section 232. Section 2970 of the act is amended to read:

Section 2970. Appropriation for Connections with Highways.--

Cities may, singly or jointly, with other political

subdivisions, appropriate and expend moneys for the improvement

of streets or roads beyond the limits of [such] the cities[,]

20110SB0874PN0890	- 369 -

for the purpose of connecting improved streets in [such] the

cities with a highway [whenever that part of the connecting

street or road to be improved outside the city limits shall be

less than one mile in length].

Section 233. Article XXIX subdivision (j) heading of the act

is repealed:

[(j) Detours]

Section 234. Section 2975 of the act is amended to read:

Section 2975. [Streets not to be Closed to Vehicular

Traffic; Exceptions.--]Street Closings; Detours.--(a) The

following shall apply to the closing of a street to vehicular

traffic:

(1) No street shall be closed to vehicular traffic, except

upon order of the Department of Streets and Public Improvements,

[or, by order of the mayor] or other department of the city

having jurisdiction over public streets or, in cases of

emergency where immediate action is necessary to protect public

safety, by order of the mayor, the police or the fire marshal[,

in cases of emergency, wherein the safety of the public would be

endangered, nor shall any such].

(2) A street [be] may not remain closed for a longer period

than is necessary for the purpose for which [such] the order

[is] to close was issued.

(3) Except in cases of emergency, where immediate action is

necessary to protect public safety, no street shall be closed to

vehicular traffic when the same has been designated as a detour

by the Department of Transportation, unless the written consent

of the Secretary of Transportation has first been obtained or

unless council shall, by resolution duly recorded on its

minutes, declare the closing necessary for the safety of the

20110SB0874PN0890	- 370 -

public.

(4) When any street which forms a part or section of a State

highway, or has been designated as a detour by the Department of

Transportation, is closed to vehicular traffic, the city shall

at once notify the Department of Transportation of the creation

of a detour, as hereinafter provided. When the detour is

removed, the Department of Transportation shall also be notified

at once of the removal.

(5) When any street shall be closed, it shall be the duty of

the official or department that authorized the closing to

designate a detour.

(6) While the detour is in use, legible signs shall be

erected and maintained at reasonable intervals, indicating the

proper direction, and the detour shall be maintained in safe and

passable condition.

(7) When the street that had been closed is opened for

traffic, all detour signs shall be removed.

(b) A city may enter into agreement with the owners of

private lands covering the acquisition of right of way

privileges for a detour over private property for the period

when a street shall be closed to traffic. In case no agreement

satisfactory to the parties can be reached, the city may proceed

with the construction of the detour, with the owner of the

property taken for the detour entitled to seek damages, if any,

in the same manner as damages are now ascertained for the

opening of streets in the city.

relating to detours, council is hereby empowered to pay for the

necessary maintenance, subsequent repair and land rental out of

funds available for the construction and maintenance of city

20110SB0874PN0890	- 371 -

streets.

(d) Any person who shall wilfully remove, deface, destroy or

disregard any barricade, light, danger sign, detour sign, signal

or warning of any other character whatsoever so legally erected

or placed or who shall drive on, over or across any street which

has been closed by proper authority commits a summary offense

punishable upon conviction thereof in accordance with section

1018.16, but with a mandatory fine of not less than five hundred

dollars ($500) or more than the maximum fine authorized in

section 1018.16 for the second or any subsequent offense, and

shall pay the costs of prosecution together with the value of

the property so removed, defaced or destroyed, except that

persons who have no outlet due to the closing of a street may

drive on, over or across the street, subject to reasonable

conditions as may be prescribed by the city without being

subject to the penalties imposed by this section.

(e) All fines collected under the provisions of this section

shall be paid over to the treasurer of the city.

(f) In addition to the penalties provided in subsection (d),

the city, its agents or contractors may, in an action at law,

recover damages from any person or persons who have damaged a

street when it is closed to vehicular traffic.

Section 235. Sections 2976, 2977 and 2978 of the act are

repealed:

[Section 2976. Closing of Streets Designated as Detours by

State.--No street shall be closed to vehicular traffic when the

same has been designated as a detour by the Department of

Highways of the Commonwealth, unless the written consent of the

Secretary of Highways has first been obtained, or unless council

shall, by resolution duly recorded on its minutes, declare such

20110SB0874PN0890	- 372 -

closing necessary for the safety of the public.

Section 2977. Notice of Detour on Streets Forming Part of

Highway.--When any street which forms a part or section of a

highway, is closed to vehicular traffic, the city shall at once

notify the Department of Highways of the Commonwealth of the

creation of a detour, as hereinafter provided. When such detour

is removed, the Department of Highways shall also be notified at

once of the removal.

Section 2978. Detours to be Provided when Streets Closed.--

When any street shall be closed, as hereinbefore provided, it

shall be the duty of the city authorities authorizing the

closing to immediately designate or lay out a detour, on which

they shall erect, or cause to be erected and maintained while

such detour is in use, legible signs at each intersection

throughout its entire length, indicating the proper direction.

During the period when such detour is in use, it shall be the

duty of such authorities closing the street to maintain such

detour in safe and passable condition. It shall also be the duty

of the authorities closing the street and maintaining the detour

to immediately remove all detour signs when the street

originally closed is opened for traffic. Whenever necessary in

the creation of a detour, as aforesaid, the city authorities

responsible for laying out the detour may enter into agreement

with the owners of private lands, covering the acquisition of

right of way privileges over private property for the period

when the street shall be closed to traffic. In case no agreement

satisfactory to the parties can be reached, the authorities

responsible for the laying out of the detour may proceed with

the construction of the same, and either such authorities or the

owner of the property occupied may petition the court for the

20110SB0874PN0890	- 373 -

appointment of viewers to ascertain the damages, if any, in the

same manner as damages are now ascertained for the opening of

streets in such city. In the exercise of the rights conferred by

this section, council is hereby empowered to pay for the

necessary maintenance, subsequent repair, and land rental out of

such funds as are available for the construction and maintenance

of the streets in their charge.]

Section 236. Section 2979 of the act, amended March 25, 1988

(P.L.260, No.29), is repealed:

[Section 2979. Penalties.--Any person who shall wilfully

remove, deface, destroy or disregard any barricade, light,

danger sign, detour sign, or signal, or warning of any other

character whatsoever so legally erected or placed, or who shall

drive on, over or across any street which has been closed by

proper authority, shall, upon conviction thereof in a summary

proceeding before a magistrate, alderman, or justice of the

peace, be sentenced to pay a fine of not less than two hundred

dollars nor more than five hundred dollars for the first

offense, and a mandatory fine of five hundred dollars for the

second or any subsequent offense, and the costs of prosecution

together with the value of the sign so removed, defaced or

destroyed, and, in default of the payment thereof, shall be

sentenced to imprisonment of not more than ten days: Provided,

however, That persons who have no outlet due to the closing of a

street may drive on, over or across such street, with the

consent in writing of, and subject to such conditions as may be

prescribed by, the authorities responsible for the closing or

their agents or contractors, without being subject to the

penalties imposed by this section.

In addition to the penalties herein provided, the authorities

20110SB0874PN0890	- 374 -

responsible for the maintenance of a street which has been

closed to vehicular traffic, or their agents or contractors,

may, in an action at law, recover damages from any person or

persons who have damaged a street when it is closed to vehicular

traffic. All fines collected under the provisions of this

section shall be paid by the officer receiving the same to the

treasurer of the city.]

Section 237. Article XXIX subdivision (k) heading of the act

is repealed:

[(k) Boundary Streets]

Section 238. Sections 2985 and 2986 of the act are amended

to read:

Section 2985. Maintenance of Streets Forming Boundaries.--

Whenever any street is on the boundary line between any city and

[a township, such] any other municipal corporation, the street

shall be maintained jointly by the city and the [township] other

municipal corporation. For the purpose of maintaining any such

street, the [authorities] officers of any city are hereby

directed to enter into agreements with the [authorities of any

township] other municipal corporation providing the manner in

which the same shall be maintained[,] and providing for the

division of the cost of maintenance between the city and

[township] other municipal corporation. If any [such city or

township] other municipal corporation shall fail or refuse to

enter into any such contract, [any taxpayer thereof or the

corporate authorities of the city or township] the city or any

taxpayer of the other municipal corporation may present a

petition to the court of [quarter sessions] common pleas of the

county, setting forth the facts. The court, after hearing, of

which [such] notice shall be given to all parties interested as

20110SB0874PN0890	- 375 -

the court may direct, shall make an order directing the manner

of such maintenance and the division of the cost of maintenance

between the city and the [township] other municipal corporation.

Section 2986. Streets, the Center Line of Which Is the

Boundary [between Municipalities in the Same County] Between a

City and Another Municipal Corporation.--Whenever [the center

line of] any street constitutes the dividing line between [any

city and a township located in the same county, the city may

enter into a contract with the commissioners of the county and

the commissioners or road supervisors of the township, as the

case may be, providing for the grading, curbing, and

macadamizing or paving, of the street; the cost of such

improvement, to be borne one-half by the city, and one-half by

the county and township, in equal portions.

The alteration or improvement shall be constructed, and

subsequent repairs shall be made, under the supervision of the

proper authorities of the city, in compliance with existing laws

governing the construction of such alterations or improvements

in said city, and in further compliance with plans and

specifications to be agreed upon, in writing, between said city

and the commissioners of the county and commissioners or road

supervisors of the said township. The cost of repairs shall be

borne one-half by the city, and one-half by the township, or by

the county and township, in equal portions, or such other

proportions as may be agreed upon by the county and township] a

city and another municipal corporation, the city may enter into

a contract with the other municipal corporation to provide for

the grading, curbing, draining, paving and macadamizing of the

street. The alterations and improvements shall be made under the

supervision of the city or other municipal corporation, or by

20110SB0874PN0890	- 376 -

contract let by the city or the other municipal corporation, as

may be provided for in the contract between the city and the

other municipal corporation.

Section 239. Section 2987 of the act is repealed:

[Section 2987. Street, the Center Line of Which is the

Boundary between Municipalities in Different Counties.--Whenever

the center line of any street constitutes a dividing line

between a city and a township located in an adjacent county, the

city may enter into a contract with the commissioners of the

county and the commissioners or township supervisors of such

township, as the case may be, providing for the grading,

curbing, macadamizing, or paving of the street, the cost thereof

to be borne one-half by the city, and one-half by the township

and the county in which such township shall be situated, in

equal portions.

Such alteration or improvement shall be constructed, and

subsequent repairs shall be made, under the supervision of the

proper authorities of the city, in compliance with the

provisions of this act governing such construction or

improvement by the city, and in further compliance with plans

and specifications to be agreed upon in writing between such

city and the commissioners of the county and the commissioners

or township supervisors of the township. The cost of repairs

shall be borne one-half by the city, and one-half by the

township or by the county and township in equal portions or such

other proportion as may be agreed upon by the county and

township.

In all cases in which it shall be found impossible to enter

into such contract or agreement, either the city or the county

or township or any taxpayer thereof may present a petition to

20110SB0874PN0890	- 377 -

the court of common pleas of either county, setting forth the

facts and circumstances, including the condition of the street

from which the necessity or desirability for the grading,

curbing, macadamizing, or paving appears, and the estimated cost

thereof, and that the said city or county or the township have

failed to agree upon terms of the said contract. Such court may,

after hearing all the parties concerned, make its order or

decree, defining the nature and character of the improvement

reasonably necessary or desirable to be made to the street, and

requiring the parties hereinabove specified to enter into a

contract or contracts for the making and constructing of the

same as herein provided for.

A copy of the said petition, duly certified, shall be served

upon the city, the county and the township concerned, other than

the petitioner, with notice of such day as may be fixed by the

court for the hearing. Thereupon, any or all of the parties

served with such notice shall be entitled, on or before such

date, to file in the said court its answers to the said

petition, setting forth its version of the facts or such other

matters in relation thereto as may be deemed necessary or proper

by it. The court, upon the date so fixed or at such other time

as it may appoint, shall hear the evidence of the parties, or it

may refer the matter to a master, who shall hear the testimony

of the parties and report his findings, in the same manner and

under the same procedure as provided by the rules in equity in

similar cases.

The court may reject, confirm, or modify the report of the

master and may make its decree or order directing the making of

such alterations or improvements to the street as may be deemed

reasonably necessary or desirable and providing for the sharing

20110SB0874PN0890	- 378 -

of the cost of such improvements, one-half by the city, and one-

half by the county and township in equal portions. The said

order or decree may further provide that the repairs to such

alterations and improvements subsequently required shall be

borne one-half by the city, and one-half by the county or

township in equal portions, or such other proportions as between

the county and the township as such court may find to be legal

and proper. Thereupon the said grading, curbing, macadamizing,

or paving of the street shall proceed in accordance with the

decree or order of the said court in the same manner as if the

contract or agreement provided for in this section had been

entered into and duly executed.]

Section 240. Sections 2988 and 2989 of the act are amended

to read:

Section 2988. Streets More Than Half of Whose Width is

Within City.--(a) Whenever any street, more than one-half the

width of which is within the limits of any city shall divide the

[said] city from any other [municipality or township located

within the same county, such] municipal corporation, the street

may be improved by the city in the same manner as if the said

street were entirely located within the limits of [said] the

city.

(b) The property [abutting on the side of said street which

is located outside the limits of the city making such], within

and without the city, that abuts the street and benefits from

the improvements [shall] may, for a depth of one hundred and

fifty feet plus one-half the width of [said] the street, the

total measured from its center line, be assessed for any and all

municipal improvements to or on the [said] street in the same

manner as [such] the property would be assessed under the

20110SB0874PN0890	- 379 -

provisions of this act if it were entirely located within the

limits of [such] the city.

Section 2989. Assessment for Improvements on Property

Outside Limits Where Street Entirely Within City.--Whenever any

street, entirely within the limits of any city, shall divide the

[said] city from any other [municipality or township located in

the same county] municipal corporation, the property on the side

of [said] the street, [opposite the present line of said city,

shall] within and without the city, that abuts the street and

benefits from the improvement may, for a depth of one hundred

and fifty feet from said line, be assessed for any and all

municipal improvements to or on the streets on which the [said]

property [shall abut] abuts, in the [manner provided by this act

for such proceedings, as if the said property] same manner as

the property would be assessed under the provisions of this act

if it were entirely located within the limits of [said] the

city.

Section 241. Section 2990 of the act is repealed:

[Section 2990. Street the Center Line of Which is the

Dividing Line Between a City and Borough or Township of the

First Class; Assessments.--Whenever the center line of any

street constitutes the dividing line between a city and a

borough, or a city and a township of the first class, located in

the same county, the council of such city may, where such

improvement is through built up property or properties duly

plotted and laid out in lots for building purposes, and where

two-thirds of the combined frontage of the two sides petition

for the improvement, enter into a contract with the borough or

township providing for the grading, curbing, draining, paving

and macadamizing of such street. Such alterations and

20110SB0874PN0890	- 380 -

improvements shall be made under the supervision of the proper

authorities of such city, borough, or township, or by contract

let by such city, borough, or township, as may be provided for

in the contract between the city and borough or township.

No ordinance or ordinances authorizing any such improvement,

where the whole or any part of the cost of the improvement is to

be assessed against abutting property, shall be finally adopted

until the expiration of thirty days from the date of its

introduction, and, in the meantime, copies thereof shall be

published, once a week for two weeks, in one newspaper

circulating in such city, borough, and township immediately

following the introduction thereof, and at least five copies

thereof shall be posted along the line of the proposed

improvement.

The whole cost of such alterations and improvements, or any

part thereof, as may be agreed upon in the contract between the

city, borough, and township, may be collected from the owners of

property within the city, borough, and within the township,

abutting along the line of the improvement, by an equal

assessment on the foot front. Any portion of such cost not

assessed against abutting property shall be paid one-half by

each of the municipal divisions joining in the improvement.

Thirty days' notice of assessments of the whole cost or part

of the cost of any such improvement shall be given to each party

assessed, either by service on the owner or his agent, or posted

on the premises by the clerk or secretary of the city, borough,

or township making the improvement. If any assessment made by

the city shall remain unpaid at the expiration of the notice, it

shall be the duty of the city solicitor to collect the same,

with interest from the time of the completion of the

20110SB0874PN0890	- 381 -

improvement, by action of assumpsit, or by a lien to be filed

and collected in the same manner as municipal claims. When an

owner has two or more lots against which there is an assessment

for the same improvement, all of such lots shall be embraced in

one claim.]

Section 242. Article XXX heading of the act is reenacted to

read:

ARTICLE XXX

SIDEWALKS

Section 243. Sections 3001 and 3002 of the act are amended

to read:

Section 3001. Power to Lay Out and Grade Sidewalks; Compel

Construction of Sidewalks.--Any city may lay out, ordain and

establish sidewalks, curbs, gutters and drains along any street,

and may, with or without petition, require owners of property

abutting on any street to construct, pave, curb, repave and

recurb the sidewalks, and keep the same in good repair along

[such] their property, at such grades, and under such

regulations and specifications as council may provide. The

written consent of the Department of Transportation shall first

be obtained if the highway is a State highway.

Section 3002. Construction by Cities Upon Failure of Owner

So to Do; Collection of Cost.--(a) Upon failure of any owner of

property abutting on any street to construct, pave, curb,

repave, recurb or maintain any sidewalk [after notice so to do,

the same may be done or caused to be done by the city, and the

cost thereof], in accordance with the notice required in

subsection (d), the city, itself or by contract, may complete

the construction, paving, curbing, repaving, recurbing or

maintenance.

20110SB0874PN0890	- 382 -

(b) Costs incurred by the city pursuant to subsection (a)

may be levied against and collected from [such] the owner who

failed to complete the construction, paving, curbing, repaving,

recurbing or maintenance of the sidewalk pursuant to notice to

do so, together with a penalty of ten per centum of [such] the

costs and all charges and expenses[, which amount].

in subsection (b) shall be a lien upon [such premises] the

property for which the notice to construct, pave, curb, repave,

recurb or maintain the sidewalk was given. The lien shall exist

from the time of the completion of the work, which [date shall

be fixed by certificate of the city engineer, filed with the

clerk, and may be collected by action in assumpsit, or such]

shall be certified in accordance with section 1504. The lien may

be filed and proceeded in as provided by law in the case of

municipal liens[, or the] or may be collected from the owner by

action in assumpsit. Alternatively, the cost may be borne by the

city in whole or in part[;] and if in part, the rest to be

collected [from the owner] as provided herein.

(d) The notice required [herein] by this section shall be

served upon the owner of property to construct, pave, curb,

repave, recurb or maintain a sidewalk, if that can be done

within the county; [when it cannot be done so] if this cannot be

done, then the notice may be served upon the owner's agent or

the party in possession; and if this cannot be done, then the

notice may be served by posting conspicuously upon the premises.

Council may, by ordinance, [establish the period of such notice

after service after which the owner shall be deemed to have

failed to comply therewith. Such period shall not be less than

ten days] provide that, upon service or posting of notice in

20110SB0874PN0890	- 383 -

accordance with this section, an owner shall be deemed to have

failed to comply if the work is not completed within a specified

period, which may be more but shall not be less than forty-five

days after the service or posting.

Section 244. Section 3002.1 of the act, added August 11,

1967 (P.L.206, No.70), is amended to read:

Section 3002.1. Ordinances.--All reconstruction, repaving,

and recurbing of sidewalks may be provided for in the ordinance

providing for the original construction, paving and curbing of

sidewalks without the necessity for adopting a new ordinance

providing for [such] the reconstruction, repaving and recurbing.

Section 245. Section 3003 of the act is amended to read:

Section 3003. Emergency Repairs; Notice; Cost.--(a) Any

city may make emergency repairs to sidewalks, within its

corporate limits[, when, in the opinion of the officer or head

of the department lawfully having charge of sidewalk repairs, a

dangerous condition exists that can be repaired by an

expenditure of not more than fifty dollars, upon failure of the

owner of the property to make such repair within forty-eight

hours after the service of notice upon such owner so to do. The

notice shall be served as provided in this article for

constructing and maintaining sidewalks and curbs. It shall

expressly state that emergency repairs are required.] if the

officer or designated individual representing the department in

charge of repairs to sidewalks, upon inspection, determines that

a substantial and immediate danger exists to the public health,

safety and welfare, in which case the officer or individual

shall prepare a written report of those conditions which shall

be conclusive evidence of the existence of the emergency

justifying the repair.

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(a.1) This section is intended to provide an additional

remedy for cities in connection with emergency repairs [where

the actual cost of doing the work does not exceed fifty dollars.

The certificate of the officer or head of the department in

charge of repairs to sidewalks shall be conclusive evidence of

the existence of the emergency justifying such repair] of

sidewalks.

(b) A copy of the written report shall be served upon the

abutting property owner, along with a notice to make emergency

repairs to the sidewalk within forty-eight hours of service of

the notice and report. The notice and copy of the report shall

be served as provided in this article for constructing and

maintaining sidewalks and curbs. It shall expressly state that

emergency repairs are required. If the owner fails to make the

emergency repairs within the prescribed time, the city may make

the emergency repairs to the sidewalk.

thereof shall be a charge against the owner of the abutting

property, and shall be a lien, until paid, upon the abutting

property, provided a claim is filed therefor in accordance with

the law providing for the filing and collection of municipal

claims. The amount of the claim against the owner of the

abutting property may also be collected from the owner by an

action in assumpsit.

Section 246. Section 3004 of the act is repealed:

[Section 3004. Cost of Emergency Repairs to be a Lien.--Upon

the completion of any emergency repairs, the cost thereof shall

be a charge against the owner of the property, and shall be a

lien, until paid, upon the abutting property, provided a claim

is filed therefor in accordance with the law providing for the

20110SB0874PN0890	- 385 -

filing and collection of municipal claims. Any such charge may

also be collected from the owner by an action in assumpsit.]

Section 247. Article XXXI heading of the act is amended to

read:

ARTICLE XXXI

BRIDGES [AND VIADUCTS]

Section 248. Article XXXI subdivision (a) heading of the act

is repealed:

[(a) Construction and Maintenance]

Section 249. Sections 3101, 3102 and 3103 of the act are

amended to read:

Section 3101. Construction and Maintenance of Bridges [and

Viaducts].--(a) Cities may locate, build and maintain bridges

[or viaducts, and], wholly or partially within the city limits,

along with the piers, abutments and approaches [therefor]

appurtenant to the bridges, to be used as public streets[, over

rivers, creeks, streams, railroads and private property, or over

and across any of them, whether the said viaducts or bridges be

wholly within, or partly without and partly within, the city

limits].

(b) As used in this article, a bridge shall mean a structure

built to span and provide passage over a valley, road, railroad

track, private property, river, creek, stream or any other body

of water or physical obstacle, and shall include viaducts

constructed from a series of spans or arches.

Section 3102. Ordinance for Location of Bridges;

Procedure.--Cities may enact ordinances fixing the location and

providing for the laying-out and opening of the routes or

locations for [said] bridges [and viaducts], which shall be

public streets; and the proceedings for the laying-out and

20110SB0874PN0890	- 386 -

opening thereof, shall be the same as is provided by this act

for the laying-out and opening of streets.

Section 3103. Right to Appropriate Property; Assessment of

Damages.--In case the city has not agreed with the owner or

owners for the damages done, or likely to be done, by the

erection of [said] the bridge [or viaduct], the city may take

and appropriate the lands and property necessary, over and

across which to erect [said] the bridge [or viaduct], and the

measure of damages [and benefits caused by such] for the taking

and appropriation shall be assessed in the same manner and with

like proceedings as provided [by this act for property taken,

injured or destroyed] for property taken, injured or destroyed

under 26 Pa.C.S. (relating to eminent domain).

Section 250. Article XXXI subdivision (b) heading of the act

is repealed:

[(b) Joint Construction and Maintenance]

Section 251. Section 3110 of the act is amended to read:

Section 3110. [Contract] Agreement for Joint Construction

and Maintenance.--(a) The city may [contract] enter into an

agreement with any political subdivision or other public agency

whatsoever or public utility or any other person interested and

by law authorized thereto, or with any or all of them, for the

laying out, construction, improvement and maintenance of any

bridge [or viaduct], or for certain parts thereof, and for the

payment of any damages caused thereby.

(b) An agreement as authorized in subsection (a) shall

provide for the respective duties, obligations and

responsibilities of the parties thereto, including, but not

limited to, construction and maintenance of the bridge, or for

certain parts thereof, and for payments relating thereto and

20110SB0874PN0890	- 387 -

damages caused thereby.

been entered into, the city in conjunction with the other

parties thereto, shall have the authority to have prepared plans

or specifications of the entire work, and thereafter advertise

for bids, and award the contract to the lowest responsible

bidder. The city shall be liable to the contractor for only such

part of the contract price as it has agreed to pay by the

agreement, as authorized in subsection (a), but it shall, in

addition, be liable to the contractor for any moneys actually

paid into the city treasury by the other parties pursuant to the

terms of the agreement.

Section 252. Sections 3111, 3112 and 3113 of the act are

repealed:

[Section 3111. Stipulations of Joint Contract;

Maintenance.--The contracts provided for in the preceding

section may stipulate that the city shall pay a certain part of

the whole contract price or cost of the work, including damages;

or may stipulate that the city shall construct, or pay for the

construction of, a certain part of the work, and may otherwise

provide for the payment of the damages. When any railroad

company, street railway, or other persons interested, agrees to

pay a certain part of the cost of the entire work, it shall pay

such part into the proper city treasury. Upon said payment, the

city treasurer shall be liable therefor, and he shall pay the

same over to the contractor, as may be provided in the contract.

The said agreements may also provide for the maintenance of the

said bridges and viaducts after their erection.

Section 3112. Plans; Bids; Awarding of Contract.--After any

joint contract has been entered into, the city in conjunction

20110SB0874PN0890	- 388 -

with the other parties thereto may have prepared plans or

specifications of the entire work, and thereafter advertise for

bids, and award the contract to the lowest responsible bidder.

The city shall be liable to the contractor for only such part of

the contract price as it has agreed to pay by the joint

contract, but it shall, in addition, be liable to the contractor

for any moneys actually paid into the city treasury by the other

parties to the joint agreement.

Section 3113. Subsequent Contract With Railroad Which has

not Contributed toward Cost.--No railroad, which has not

contributed to the payment of the cost of construction of said

viaduct or bridge, shall be permitted to run its line or lines

of tracks under said bridge or viaduct, unless it shall enter

into a contract with the city to thereafter pay a reasonable

amount, part or portion toward the keeping-up and maintaining of

the said structure, which amount shall be at the same rate, on

the same basis, as is paid by the other railroad companies.]

Section 253. Section 3114 of the act is reenacted to read:

Section 3114. Recording of Contract.--Any of the contracts

hereinabove provided for may be recorded in the office of the

recorder of deeds in the proper county. Such record shall be

notice to all persons who might be affected thereby.

Section 254. Section 3115 of the act is amended to read:

Section 3115. Power to Construct Boundary Bridges.--Whenever

a creek, over which a bridge may be necessary, shall be on the

division line of a city and another municipality [or township],

the city [shall unite] may enter into an intergovernmental

agreement pursuant to 53 Pa.C.S. Ch. 23, Subch. A (relating to

intergovernmental cooperation) with [such] the municipality [or

township in] for the construction and maintenance of a bridge[,]

20110SB0874PN0890	- 389 -

and [pay an equal share of the expenses incident thereto] for

apportionment of the costs.

Section 255. Article XXXI subdivision (c) heading, section

3120, subdivision (d) heading and sections 3130, 3133 and 3134

of the act are repealed:

[(c) Acquisition of Existing Bridges

Section 3120. Power to Acquire Existing Bridge.--Any city

which is divided or separated in any of its territorial sections

or parts by intervening rivers or streams of water may purchase,

enter upon, take, use, hold and appropriate such bridge or

bridges, together with the approaches and appurtenances thereto,

lying within its corporate limits as shall have been erected and

are now in use over such rivers or streams of water so dividing

and separating the sections or parts aforesaid.

(d) Acquisition of Toll-Bridges

Section 3130. Power to Acquire Toll-Bridges.--Any city may

purchase, condemn, maintain, and use any public toll-bridge

crossing any river or stream within the limits of such

municipality, together with the approaches and appurtenances

thereto; and may enter into contracts, as hereinafter provided,

with the county commissioners of the proper county, whereby said

county shall pay a portion of the cost thereof.

Section 3133. Contract with County for Purchase.--The city

may enter into and unite in a contract with the county

commissioners of the county in which said bridge is located upon

such terms and conditions as may be agreed upon for the

purchase, appropriation, or condemnation of said bridge. The

contract may stipulate that the city and county shall pay a

certain part or portion of the whole purchase price or damages

allowed by condemnation proceedings. The amounts to be paid by

20110SB0874PN0890	- 390 -

the county shall be paid into the city treasury, and, upon said

payment, the city treasurer shall be liable therefor, and it

shall be held and applied solely for the said purpose or

purposes. The said contracts may also provide for and include

provisions for the maintenance, repair, and rebuilding of the

said bridge, after its purchase or condemnation by the said

city.

Section 3134. To Become a Public Bridge; Rentals for Other

than Foot and Vehicle Travel.--Whenever any toll-bridge shall be

so purchased or condemned, the city shall control, maintain, and

use the said bridge as a public bridge, but may charge tolls or

rentals for the use thereof, from railway, telephone, and

telegraph companies, and other persons making a use thereof for

other than ordinary public foot and vehicle travel. Where

contracts existed between such companies and persons and the

owners of the bridge at the time of such purchase or

condemnation, such contracts shall be preserved for the benefit

of the city and shall be assigned thereto.]

Section 256. The act is amended by adding a section to read:

Section 3135. Acquisition of Existing Bridges.--Any city may

purchase, condemn, maintain and use any public toll-bridge

crossing any river or stream within the limits of the

municipality, together with the approaches and appurtenances

thereto, and may enter into contracts with the county

commissioners of the proper county whereby the county shall pay

a portion of the cost thereof.

Section 257. Article XXXII heading of the act is amended to

read:

ARTICLE XXXII

SANITARY SEWERS

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Section 258. Article XXXII subdivision (a) heading of the

act is repealed:

[(a) Construction]

Section 259. Section 3201 of the act, amended August 6, 1963

(P.L.525, No.280), is amended to read:

Section 3201. Construction of Sanitary Sewers; Cost; Eminent

Domain.--(a) Any city [may] shall have the power to construct

and reconstruct, or cause to be constructed or reconstructed, in

its streets, and over and across public and private lands or

property, sanitary sewers of all kinds, main or local, with

extensions thereof, and with lateral and branch sewers

therefrom, including house connections to the curb[, in its

streets, and over and across public and private lands or

property, and pay the].

(b) The cost and expense [thereof] of construction and

reconstruction in accordance with subsection (a) may be paid out

of the general revenues or special funds raised for said

purpose, or assess the same, in whole or in part, upon property

benefited, improved or accommodated, as [hereinafter] provided

for in Article XLV-A.

[For such purposes, the] (c) The city shall have the right

of eminent domain to effectuate the purposes of this section.

The damages for property taken, injured or destroyed shall be

ascertained and paid as provided in [this act for such

proceedings] 26 Pa.C.S. (relating to eminent domain).

Section 260. The act is amended by adding a section to read:

Section 3201.1. Required Connection; Fees.--In addition to

paying for the cost and expense of construction or

reconstruction in accordance with section 3201(b), a city may,

by ordinance, require connection to a sanitary sewer system

20110SB0874PN0890	- 392 -

provided by the city or a municipal authority serving the city,

and impose and charge to property owners who desire to or are

required to connect to the sanitary sewer system a connection

fee, a customer facilities fee, a tapping fee and other similar

fees, as enumerated and defined by 53 Pa.C.S. § 5607(d)(24)

(relating to purposes and powers of municipal authorities) as a

condition of connection to a city-owned sewer collection,

treatment or disposal facility.

Section 261. Section 3202 of the act is repealed:

[Section 3202. Fee for Tapping Where Sewer is Paid For by

City.--Where the cost of constructing any sewer is paid for

wholly or partially from city funds, the city may charge a

reasonable fee for tapping or connecting with said sewer.]

Section 262. Section 3203 of the act, amended August 6, 1963

(P.L.525, No.280), is repealed:

[Section 3203. Assessment of Cost of Local Part of Main

Sewers.--In the case of the construction of main sanitary

sewers, or of any sanitary sewer which can be used in part for

main sanitary sewerage purposes, and in part as a local sanitary

sewer, the city may provide for assessing the property

benefited, improved or accommodated with the local sanitary

sewerage part thereof, according to the foot-front, or the

assessed valuation of the said property for city purposes, or

according to benefits.]

Section 263. Section 3204 of the act is repealed:

[Section 3204. Costs of Main Sewers.--The cost of all main

sewers, or of any sewers used in part for main sewerage

purposes, over and above the amount thereof assessed for local

sewerage, shall be paid for from the city funds.]

Section 264. Section 3205 of the act, amended August 6, 1963

20110SB0874PN0890	- 393 -

(P.L.525, No.280), is repealed:

[Section 3205. Assessment of Cost of Local Sewers.--Council

may also provide that the cost and expenses of local, lateral,

branch, including house connections to the curbs, and other

sanitary sewers may be assessed against the property benefited,

improved or accommodated according to the foot-front, or

according to the assessed valuation thereof for city purposes,

or according to benefits.]

Section 265. Section 3206 of the act is amended to read:

Section 3206. Construction of [Sewerage System and] Sanitary

Sewage Treatment Works; Assessment of Cost.--[Any city may

construct, or cause to be constructed, a sewerage system of

sewers in streets, with extensions thereof, and with lateral and

branch sewers therefrom to and in other streets, and in public

or private lands, at the same time as part of the same

improvement and under the same contract, and the cost and

expense thereof may be assessed as provided in this article.]

(a) Any city may construct or cause to be constructed sanitary

sewage treatment works, and the same may likewise be a part of

the same improvement and under the same contract as sanitary

sewers.

(b) Sewage treatment works may be erected within or without

the limits of the city. The city shall have authority to

acquire, by eminent domain or otherwise, property within or,

subject to the limitations in 26 Pa.C.S. § 206 (relating to

extraterritorial takings), without the limits of the city deemed

necessary for such treatment works and the sewers leading

thereto.

Section 266. Sections 3207 and 3208 of the act, amended

August 6, 1963 (P.L.525, No.280), are repealed:

20110SB0874PN0890	- 394 -

[Section 3207. Reductions in Assessments for Corner or

Irregular Shaped Lots.--Where council determines to construct

local, lateral, and other sanitary sewers, and to assess the

cost and expenses thereof according to the foot-front rule, they

shall provide for a reduction of an equitable part from the

frontage of the longest side of all corner lots, and at other

places, where, from the peculiar or pointed shape of the lots,

an assessment for the full frontage would be inequitable. If the

owner of the property benefited, improved or accommodated by the

sanitary sewers is not satisfied with the allowance or

reduction, or refuses to accept the same, he shall have the

right to appeal to the court of common pleas; and the

proceedings shall be as provided in this act for the assessment

of damages and benefits by viewers or by such other lawful

procedure as the court may determine.

Section 3208. Assessment of Cost by Viewers Appointed by

Council.--Where the council determines to construct main, local,

lateral, or branch sanitary sewers, and to assess the cost and

expense thereof according to benefits, in addition to the

remedies which now or may hereafter exist for the assessment of

the said cost and expense by viewers appointed by court, council

may appoint three disinterested freeholders as viewers, who, or

a majority of whom, shall assess the costs and expenses of said

sanitary sewers upon the lands benefited, improved or

accommodated thereby in proportion, as nearly as may be, to the

benefits which may result to each lot or parcel of land. Said

viewers, or a majority thereof, shall report their assessment to

the council, in the manner hereinafter set forth, and council

shall act thereon as hereinafter provided.]

Section 267. Sections 3209, 3210, 3211 and 3212 of the act

20110SB0874PN0890	- 395 -

are repealed:

[Section 3209. Report of Council's Viewers; Notice;

Objections; Hearing.--Said viewers, or a majority of them, shall

make report in writing, specifying the amount assessed by them

upon each lot or parcel of land for main or local sewerage

separately, and file the same with the city clerk within such

time as the council shall direct. After the report is filed,

council shall cause not less than ten days' public notice to be

given, by publication once in two newspapers of the city, as

required by section one hundred and nine of this act, of the

object of such assessments, and that the same will come for

confirmation at a time to be specified in said notice.

Objections to the assessment shall be in writing and be filed

with the city clerk, and may be heard before the city council at

the time specified in the notice. Council may, after hearing

objections, modify, set aside, or confirm said assessments. If

council sets aside the first or any other assessment, they may

appoint other viewers, of the same qualifications as

hereinbefore provided, and cause new assessments to be made, and

the proceedings shall be the same as provided for the first

assessment.

Section 3210. Certification of Assessments for Collection;

Liens.--After making assessments for sewers, council may direct

that they be certified to the city treasurer, or to such party

as said assessments may be assigned to for collection. If such

assessments are not paid within such time as council may by

ordinance prescribe, it shall be lawful to file liens therefor

in the prothonotary's office of the proper county, as provided

by law. Said liens shall bear interest from the time the

assessments were payable, at the rate of six per centum, per

20110SB0874PN0890	- 396 -

annum, until paid.

Section 3211. Rental Charge for Use of Sewers.--Cities may

provide by ordinance for the imposition and the collection of an

annual rental, rate or charge for the use of sewers, sewer

systems, or sewage treatment works as authorized by law.

Section 3212. Limitation of Amount of Sewer Rental Charge.--

Such annual rental, rate or charge shall not exceed the amount

authorized by law.]

Section 268. Section 3213 of the act, amended December 18,

1992 (P.L.1424, No.175), is repealed:

[Section 3213. Collection of Sewer Rentals.--(a) Council

shall provide for the collection of such annual rentals, rates

or charges.

(b) In the case of a city which has agreed to provide sewer

service to a residential dwelling unit in which the owner does

not reside, the city shall notify the owner and the tenant

within thirty days after the tenant's bill for that service

first becomes overdue. Such notification shall be provided by

first class mail to the address of the owner provided to the

city by the owner and to the billing address of the tenant,

respectively. Nothing herein shall be construed to relieve the

owner of liability for such service unless the city fails to

provide the notice required herein.]

Section 269. The act is amended by adding a section to read:

Section 3213.1. Rental Fees or Charges.--(a) All persons

whose property is connected to a sanitary sewer system shall pay

to the city, in addition to the cost of making the connection, a

monthly, quarterly, semiannual or annual charge. The charges

shall be imposed by the city in accordance with procedures

approved by council. Until paid, a charge shall constitute a

20110SB0874PN0890	- 397 -

lien against the property connected to the sanitary sewer system

and the amount thereof may be recovered by due process of law

through an action in assumpsit in the name of the city against

the owner of the property charged or by a lien filed in the

nature of a municipal lien. All water utilities supplying water

to users within the boundaries of any city shall at the request

of the council furnish to the city, at reasonable times agreed

to by the city and water utilities, a list of all water meter

readings and flat-rate water bills, and the basis for each flat-

rate water charge, so that the data may be used in calculating

sewer rental fees. The city may pay to the utilities clerical

and other expenses incurred in the preparation of the lists.

(b) Nothing in this section shall be construed to repeal or

modify any of the provisions of 66 Pa.C.S. (relating to public

utilities).

in a special fund to be used only for the payment of the cost of

administration, construction, reconstruction, repair, operation

and maintenance of the sanitary sewer system.

(d) In the case of a city which has agreed to provide

sanitary sewer service to a residential dwelling unit in which

the owner does not reside, the city shall notify the owner and

the tenant within thirty days after the tenant's bill for that

service first becomes overdue. Such notification shall be

provided by first class mail to the address of the owner

provided to the city by the owner and to the billing address of

the tenant, respectively. Nothing herein shall be construed to

relieve the owner of liability for such service unless the city

fails to provide the notice required herein.

Section 270. Section 3214 of the act is repealed:

20110SB0874PN0890	- 398 -

[Section 3214. Collection of Sewer Rentals.--Such annual

sewer rentals or charges shall be a lien on the properties

charged with the payment thereof from the date set in the

ordinance, and, if not paid after thirty days' notice, may be

collected by an action in assumpsit in the name of the city

against the owner of the property charged or by distress of

personal property on the premises or by a lien filed in the

nature of a municipal lien.]

Section 271. Section 3215 of the act, added August 6, 1963

(P.L.525, No.280), is repealed:

[Section 3215. Tapping Fees.--Each city may provide by

ordinance for charging a tapping fee whenever the owner of any

property connects such property with a sewer system constructed

or acquired by the city, which fee shall be in addition to any

charges assessed and collected against such property in the

construction or acquisition of such sanitary sewer by the city,

or any rental charges assessed by the city. In any case where

the property connected or to be connected with the sanitary

sewer system of the city is not equipped with a water meter, the

city may install such a meter at its own cost and expense. If

the property is supplied with water from the facilities of a

public water supply agency, the city shall not install such

meter without the consent and approval of the public water

supply agency.]

Section 272. Article XXXII subdivision (b) heading and

sections 3220, 3221 and 3222 of the act are repealed:

[(b) Acquisition of Existing Sewers

Section 3220. Purchase of Existing Sewers.--Any city, in

which any corporation created and existing under and by virtue

of the laws of this Commonwealth, or any person or persons or

20110SB0874PN0890	- 399 -

unincorporated associations, have constructed and are

maintaining or may hereafter construct and maintain sewers,

culverts, conduits, and pipes, with the necessary inlets and

appliances, for surface, under-surface and sewage drainage, may

become the owner of such sewers, culverts, conduits, and pipes,

with the necessary inlets and appliances, for surface, under-

surface, and sewage drainage, and the property of such company,

person or persons, or unincorporated associations, by paying

therefor the actual value of the same at the time of taking by

the city.

Section 3221. Ascertainment of Price in Case of

Disagreement.--In case of disagreement as to the amount to be

paid, the same shall be ascertained in the manner provided by

this act in case of property taken, injured or destroyed.

Section 3222. Appointment of Viewers.--Whenever the amount

to be paid by any city to any corporation, person or persons, or

unincorporated association, for the acquisition of such sewers,

culverts, conduits, and pipes, with the necessary inlets and

appliances, shall have been ascertained in the manner provided

in the preceding section, the court of common pleas of the

proper county, or any law judge thereof in vacation, on

application thereto by petition by said city or any person

interested, shall appoint viewers who shall assess the costs and

expenses of the sewers, culverts, conduits, and pipes, with the

necessary inlets and appliances, acquired by said city, upon the

property benefited according to benefits, if sufficient can be

found, but if not, then the deficiency, when finally

ascertained, shall be paid by the city; and the proceedings of

said viewers, and the proceedings on their report, shall be as

provided in this act for the assessment of damages and

20110SB0874PN0890	- 400 -

benefits.]

Section 273. The act is amended by adding a section to read:

Section 3222.1. Acquisition of Existing Sanitary Sewer

Systems.--(a) A city may, by ordinance, acquire all or part of

an existing sanitary sewer system or community subsurface

sanitary sewage collection and treatment system.

(b) Acquisition may be by any of the following means:

(1) By purchase, when the city and the owner can agree on a

price not exceeding the actual value of the sanitary sewer

system or part thereof to be transferred.

(2) By deed of dedication to the city by the owner of the

sanitary sewer system or part thereof.

(3) If the facilities are within the city, by the exercise

of eminent domain.

sanitary disposal collection and treatment system is acquired by

purchase or eminent domain under this section, the cost of

acquisition may be distributed or assessed under this act as

when a sanitary sewer system is constructed by the city.

(d) The rights, powers and duties of the city with respect

to acquired sanitary sewer systems are the same as exist with

respect to sanitary sewer systems constructed by the city.

Section 274. Article XXXII subdivision (c) heading of the

act is repealed:

[(c) Construction of Sewers Outside Cartway and Curb Lines]

Section 275. Section 3230 of the act, amended August 6, 1963

(P.L.525, No.280), is amended to read:

Section 3230. [Power to Construct] Sewers Outside Cartway

and Curb Lines.--(a) Cities may require and permit sanitary

sewers and sewer pipes to be laid and constructed outside the

20110SB0874PN0890	- 401 -

cartway and the curb lines thereof in any street or highway.

The [said] sanitary sewers shall be for the service and use

of the property on the side of the street or highway in which

they are laid.

(b) The costs and expenses of any sanitary sewer laid and

constructed in accordance with subsection (a) may be assessed

against the property benefited, improved and accommodated by the

sanitary sewer.

Section 276. Section 3231 of the act, amended August 6, 1963

(P.L.525, No.280), is repealed:

[Section 3231. Collection of Costs and Expenses.--The costs

and expenses of any sanitary sewer laid and constructed as

aforesaid may be assessed against the property benefited,

improved and accommodated by the sanitary sewer and such costs

and expenses, when so assessed, shall be assessed and collected

in the same way and manner as the cost and expenses of other

sanitary sewers are assessed and collected in the respective

city in which the same are laid.]

Section 277. Article XXXII subdivision (d) heading of the

act is repealed:

[(d) Joint Sewers]

Section 278. Section 3240 of the act, amended August 6, 1963

(P.L.525, No.280), is amended to read:

Section 3240. Building Joint Sewers.--(a) Cities may

jointly with other municipalities or [townships or both]

municipal authorities build and construct sanitary sewers,

including trunk-line sewers or drains and sewage treatment

works, and may connect into such system existing sanitary

sewers, and may assess their respective portions of the cost

thereof, or so much thereof as may be legally assessable, upon

20110SB0874PN0890	- 402 -

property benefited, improved and accommodated by the improvement

[either by viewers as is provided in the case of cities by

sections three thousand two hundred and eight, three thousand

two hundred and nine, and three thousand two hundred and ten of

this act or by the foot-front rule or assessed valuation, as

provided in section three thousand two hundred and three of this

act] pursuant to Article XLV-A. Any portion of the cost of

[such] an improvement not assessed or not assessable shall be

paid [by the respective cities, boroughs, and townships joining

as may be agreed upon] as agreed upon by the respective cities

and other municipalities or municipal authorities.

(b) The cities[, boroughs, and townships] and other

municipalities or municipal authorities joining or contemplating

joining in any such improvement, in order to facilitate the

securing of preliminary surveys and estimates and the building

of [such] the improvement, may by ordinance or resolution

provide for the appointment of a joint sewer board composed of

one representative from each of the cities[, boroughs, and

townships] and other municipalities or municipal authorities

joining which shall act generally as the advisory and

administrative agency in securing [such] surveys and estimates

and in the construction of [such] the improvement, and its

subsequent operation and maintenance. The members of [such] the

board shall serve for terms of six years each from the dates of

their respective appointments, and until their successors are

appointed. The joint sewer board shall organize by the election

of [chairman, vice-chairman] a chair, vice-chair, secretary, and

treasurer. The several cities[, boroughs, and townships] and

other municipalities or municipal authorities may, in the

ordinances and resolutions creating the joint sewer board,

20110SB0874PN0890	- 403 -

authorize the board to appoint an engineer, a solicitor, and

[such] other assistants as are deemed necessary; and agree to

the share of the compensation of [such] the persons each city[,

borough, and township] and other municipalities or municipal

authorities is to pay. The members of the joint sewer board

shall receive [such] compensation for attending meetings of the

board, as shall be fixed in the budget prepared by the board for

submission to and adoption by the several cities[, boroughs, and

townships] and other municipalities or municipal authorities as

hereinafter provided[, and the]. The budget item providing for

the compensation to members for attending meetings shall not

exceed a total of two hundred and fifty dollars per year, and no

member shall be paid unless [he] the member actually attends,

and the fee for each [such] attendance shall be stipulated, and

the members, in addition thereto, shall be entitled to actual

expenses to be paid by the respective cities[, boroughs, and

townships] and other municipalities or municipal authorities

which [such] the members represent.

and regulations to govern its proceedings, and shall prepare and

suggest any practical measures and plans by means of which the

joint improvement may be carried to successful completion; and

the future development of the system, so as to conform to a

general plan, assured and safeguarded. [It] The joint sewer

board shall have power to prepare a joint agreement or

agreements for submission to and adoption by the several

cities[, boroughs, and townships] and other municipalities or

municipal authorities defining the advisory and administrative

powers of the board; setting forth the consents of the several

cities[, boroughs, and townships] and other municipalities or

20110SB0874PN0890	- 404 -

municipal authorities to the proposed improvement; the manner in

which preliminary and final plans, specifications, and estimates

for the proposed improvement shall be prepared and adopted; how

proposals for bids shall be advertised, and contracts let; the

manner in which the costs of the improvement and other

incidental and preliminary expenses in connection therewith, and

the future cost of operation and maintenance shall be equitably

shared, apportioned, and paid; and all such other matters

including the preparation and submission of annual and other

budgets as may be deemed necessary or required by law to carry

the proposed improvement to completion and to assure future

maintenance and operation thereof. [But nothing herein] Nothing

contained herein shall authorize the board to make any

improvement or expend any public moneys which has not first been

authorized by all of the cities[, boroughs, and townships] and

other municipalities or municipal authorities proceeding with

the improvement.

(d) In any case where it shall be necessary to acquire,

appropriate, injure, or destroy private property of any kind to

build any [such] joint sewer improvement, and the same cannot be

acquired by purchase or gift, the right of eminent domain shall

vest in the city[, borough, or township] or other municipalities

or municipal authorities where [such] the property is located.

In any case where it shall be necessary to acquire, injure, or

destroy property of any kind in any territory not within the

limits of any of the cities[, boroughs, or townships] and other

municipalities or municipal authorities joining in the

improvement[;] then, subject to the limitations in 26 Pa.C.S. §

206 (relating to extraterritorial takings), the right of eminent

domain shall be vested in any city[, borough, or township

20110SB0874PN0890	- 405 -

adjacent to such territory where such property is located] and

other municipalities or municipal authorities joining in the

sewer improvement. Damages for any property taken, injured, or

destroyed shall be assessed as provided by the general laws

relating to the cities[, boroughs, and townships] and other

municipalities or municipal authorities exercising the right of

eminent domain[;] and pursuant to the procedures of 26 Pa.C.S.

(relating to eminent domain) if applicable, and shall be paid by

the several cities[, boroughs, and townships] and other

municipalities or municipal authorities joining in the same

proportion as other costs of the improvement.

(e) Each of the cities joining in [any such improvement] an

improvement authorized by this section shall have power to incur

or increase its indebtedness[, not exceeding the constitutional

limits, for the purpose of paying its share or portion of the

costs of such improvement in the manner provided by law for the

incurring of indebtedness] in accordance with 53 Pa.C.S. Pt.

VII, Subpt. B (relating to indebtedness and borrowing), for the

purpose of paying its share or portion of the costs of the

improvement.

Section 279. Section 3241 of the act is amended to read:

Section 3241. Approval of [Sanitary Water Board] Department

of Environmental Protection.--No [such] sewer or plant shall be

constructed until plans and specifications have been submitted

to the [Sanitary Water Board] Department of Environmental

Protection, and approved in accordance with provisions [of the

act of assembly providing for such approval] applicable law.

Section 280. Sections 3242, 3243 and 3244 of the act are

repealed:

[Section 3242. Connections with Sewers of Adjacent

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Municipalities.--Any city may connect with an existing sewer,

owned by any adjacent municipality, for sewage purposes, in the

manner prescribed in the following sections of this subdivision

of this article.

Section 3243. Applications to Court.--Whenever any city

desires to connect with the existing sewer of any adjacent

municipality, and no agreement has been reached between such

city and the adjacent municipality, an application shall be made

by council to the court of quarter sessions of the county,

setting forth that fact.

Section 3244. Appointment of Viewers.--If the court shall be

of the opinion that such connection can be made without

impairing the usefulness of the existing sewer, it shall appoint

three viewers, who shall view the premises and investigate the

facts of the case, and shall assess the proportionate part of

the expense of building the original sewer upon such city, and

shall fix the proportion of the expense for repairs which each

municipality shall thereafter bear, and determine all other

questions liable to arise in connection therewith.]

Section 281. Section 3245 of the act, repealed in part June

3, 1971 (P.L.118, No.6), is repealed:

[Section 3245. Report of Viewers; Appeals to Court.--The

viewers shall report to the court the result of their

investigation, which report shall be confirmed within thirty

days, unless exceptions thereto be filed. After confirmation of

such report, or the disposal of any exceptions, any party

interested may appeal from the decision of the court of quarter

sessions.]

Section 282. The act is amended by adding a section to read:

Section 3245.1. Municipal Corporation; Municipal Authority;

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Agreements for Connections; Appointment of Viewers.--(a) Any

city may by agreement connect with an existing sanitary sewer

owned by any municipal corporation or municipal authority for

either sanitary sewage collection or treatment purposes.

(b) When any city desires to connect with the existing sewer

of any municipal corporation or municipal authority and no

agreement has been reached between the city and the municipal

corporation or municipal authority, city council shall present a

petition to the court of common pleas setting forth those facts.

The court shall fix a day for a hearing and notify all

interested parties thereof. If, after the hearing, the court

determines that the connection can be made without impairing the

usefulness of the existing sanitary sewer system, the court

shall appoint three viewers to view the premises, investigate

the facts of the case, assess the necessary costs and expenses

of making the connection and assess the proportionate part of

the expense of building the original sanitary sewer system upon

the city. The court shall determine the proportion of the

expense for repairs which each municipal corporation, municipal

authority and the city shall bear and shall determine all other

questions liable to arise in connection therewith.

their investigation, which report shall be confirmed within

thirty days, unless exceptions thereto are filed. After

confirmation of the report, or the disposal of any exceptions,

any party interested may appeal from the decision of the court

of common pleas.

Section 283. Article XXXII subdivision (e) heading of the

act is repealed:

[(e) Power to Furnish Sewerage Facilities Outside of City]

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Section 284. Section 3250 of the act is amended to read:

Section 3250. Sewers Extended Outside of City.--[All cities,

wherein the title to the sewerage system therein located, is, or

shall hereafter be in the name of the city,] A city with a

sanitary sewer system may extend [such] the system and construct

sewers beyond the [bounds of the cities wherein they are located

into the county and municipalities of the county in the vicinity

of such cities,] city's boundaries into adjoining municipalities

in the county where the city is located and furnish sewer

facilities to, and permit the tapping and the connection

therewith by any and all corporations, institutions, persons and

municipalities in the [counties in which said cities are] county

where the city is located in accordance with law and the rules

and regulations of the Public Utility Commission. This section

does not authorize a city to extend a sewerage system or

construct sewers in territory outside the boundaries of such

cities in which sewerage facilities are furnished by a private

company or by a municipality authority.

Section 285. Article XXXIII and subdivision (a) headings,

sections 3301 and 3302, subdivision (b) heading and sections

3310, 3311, 3312, 3313, 3314 and 3315 of the act are repealed:

[ARTICLE XXXIII

COLLECTION BY INSTALMENT OF THE COST OF STREET

AND SEWER IMPROVEMENTS

(a) Street and Sewer Improvements

Section 3301. Payment of Assessments in Instalments.--

Whenever any ordinance is passed providing for the grading,

paving or other improvement of any street, or part thereof, or

for the construction of any sewer, the expense whereof is to be

defrayed by local assessments, it may be prescribed in such

20110SB0874PN0890	- 409 -

ordinance that the assessments may be paid in not more than ten

equal instalments, payable at such times as may be fixed by

ordinance, the last thereof not to be more than ten years after

the completion of the work on the improvement for which it is

assessed. The instalments shall bear interest at the rate of not

more than six per centum per annum, commencing at such time as

may be fixed by ordinance. If any of said instalments shall

remain unpaid for two months after the same shall become due and

payable, the whole of the assessment remaining unpaid shall be

due and payable. Any person upon whom such assessment has been

made may pay all or as many as he chooses of such instalments

before the same are due.

Section 3302. Collection of Assessments.--All assessments

made in pursuance hereof shall be collected in the same manner

and with the same penalties as provided by law for the

collection of municipal claims.

(b) Street Improvements

Section 3310. Issue of Bonds for Payment of Cost of

Improvement.--In order to provide for the payment of the cost

and expense of the permanent paving and improvement of any

street, or part thereof, cities may in addition to other methods

provided, from time to time, issue their bonds in such sums as

may be required, in all to an amount not exceeding the cost and

expense of such improvement and interest thereon.

Said bonds shall bear the name of the street to be improved.

They shall bear interest at a rate not exceeding six per centum

per annum, payable semi-annually, on the first day of July and

January, and their maturity shall be fixed in accordance with

the Municipal Borrowing Law.

Section 3311. Disposition of Proceeds of Sale of Bonds;

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Assessment on Properties.--Said bonds shall be negotiated at not

less than par as other bonds of said cities are negotiated, and

the proceeds thereof applied solely to the payment of the cost

of said improvement. The contract price of the same, and

interest thereon to the first day, when interest thereon is

payable, shall be taken as the cost of said improvement, to be

assessed on the property benefited, according to the provisions

of this act.

Section 3312. Entering of Assessments as Liens.--Such

assessments shall be entered in the proper municipal lien and

judgment docket in the prothonotary's office, and shall, if

filed within six months from the completion of the improvements,

without the issuing of a scire facias to revive, remain a first

lien upon the property assessed until fully paid, having

precedence of all other liens, except taxes, and shall not be

diverted by any judicial sale, unless the payment of the same is

provided for from the proceeds of such sale.

The assessment shall state the name of the city claimant, the

name of the owner or reputed owner, a reasonable description of

the property, the amount claimed to be due, for what improvement

the claim is made, and the time when the assessment was finally

confirmed or made.

Section 3313. Instalment Payment of Assessments.--Such

assessment shall be payable at the city treasurer's office in

equal semi-annual instalments, with interest, at the rate

provided in said bonds, from the date to which interest was

computed on the amount of the assessments, or so much as remains

unpaid from time to time, until all said assessments and

interest are fully paid. The money so received by the city

treasurer shall be applied to the sinking fund.

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Section 3314. Collection of Unpaid Instalments.--In case of

default in the payment of any semi-annual instalment of said

assessment and interest for a period of sixty days after the

same shall become due and payable, the entire assessment and

accrued interest shall become due and payable, and the city

solicitor shall proceed to collect the same under the provisions

of laws creating and regulating municipal liens and proceedings

thereon.

Section 3315. Payment in Advance; Discharge of Lien as Part

of Property.--Any owner of property against whom an assessment

shall have been made for such improvement shall have the right

to pay the same, or any part remaining unpaid, in full with

interest thereon to the next semiannual payment due on said

assessment, and such payment shall discharge the lien. If any

owner shall subdivide any property after such lien attaches, he,

in like manner, may discharge the same upon any subdivided

portion thereof by paying the amount for which said part would

be liable.]

Section 286. Article XXXIV heading of the act is amended to

read:

ARTICLE XXXIV

[WATER-COURSES]

WATERCOURSES, FLOOD PROTECTION PROJECTS

AND STORM WATER SYSTEMS

Section 287. Section 3401 of the act is amended to read:

Section 3401. [Changing of Water-Courses] Establishing and

Changing Watercourses, Flood Protection Projects and Storm Water

Systems; Removing Obstructions [Therefrom.--Cities].--(a)

Subject to obtaining, if required, the authorization of the

Department of Environmental Protection and of the Federal

20110SB0874PN0890	- 412 -

Government, a city may, by ordinance, [after the consent of the

Water and Power Resources Board and of the Federal government,

where required, has first been obtained, establish the lines,

change and] do any of the following:

(1) Realign, change or vacate the channels, beds, and mouths

of [water-courses] watercourses through lands, marshes or waters

in or adjacent to the city[; crib, wall, confine], subject to

the limitations in the act of August 7, 1936 (1st Sp.Sess.,

P.L.106, No.46), referred to as the Flood Control Law, the act

of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams

Law," the act of November 26, 1978 (P.L.1375, No.325), known as

the "Dam Safety and Encroachments Act," and 26 Pa.C.S. § 206

(relating to extraterritorial takings).

(2) Confine, pave or completely [inclose, and prevent]

enclose watercourses within the city.

(3) Prevent and remove obstructions [therefrom at the

expense of those causing the same; and, for such purposes, may

enter upon and condemn such property and materials as may be

necessary. Cities may construct] and encroachments from

watercourses and the banks of streams that threaten or do injure

the city or property therein, at the expense of those that

caused the obstruction or encroachment through proceedings at

law or equity.

(4) Construct and maintain dams [as hereinafter provided.

Cities may also, by ordinance, establish the lines of banks of

streams of water which pass through or along the boundary of

such cities, and by proceedings at law or equity prevent and

remove all such encroachments on the banks of streams and water-

courses as threaten to or do injure the city or the property

therein.] in a watercourse flowing through the city, or partly

20110SB0874PN0890	- 413 -

within and partly outside its corporate limits, for the purpose

of improving the public health, safety and welfare in the city.

(5) Plan and provide for projects, infrastructure and

improvements as a means of managing and controlling storm water,

which may include, but need not be limited to, the transport,

storage and the infiltration of storm water and other innovative

techniques identified in the county-prepared watershed plans

pursuant to the act of October 4, 1978 (P.L.864, No.167), known

as the "Storm Water Management Act."

(6) Plan and provide for projects, infrastructure, and

improvements as a means of providing flood protection pursuant

to the Flood Control Law.

(b) A city may, for any of the purposes in this section,

purchase, acquire, enter upon, take, use and appropriate private

property and materials as necessary. Condemnation proceedings

shall be pursuant to the procedures in 26 Pa.C.S. (relating to

eminent domain), and any takings of property outside the limits

of the city shall be subject to the limitations in 26 Pa.C.S. §

206 (relating to extraterritorial takings).

Section 288. Sections 3402, 3403, 3404, 3405 and 3406 of the

act are repealed:

[Section 3402. Notice.--No ordinance for the establishment

of lines or the vacation or alteration of the course or channel

of any water-course shall be passed, until notice thereof has

been given, by publication of the proposed ordinance, at least

once a week for three consecutive weeks, in one newspaper in

accordance with the provisions of section one hundred nine of

this act.

Section 3403. Viewers to Assess Damages.--The city may, at

any time after the passage of the ordinance, present a petition

20110SB0874PN0890	- 414 -

to the court of common pleas, setting forth the lines

established and the nature of the vacation or alteration

proposed in the course or channel of such water-course, together

with a description of the proposed improvements, and praying the

court to appoint three viewers to ascertain the damages, costs,

and expenses resulting therefrom, and to assess the damages,

costs, and expenses, for so much thereof as the viewers may deem

reasonable, upon the property benefited.

Section 3404. Appointment of Viewers.--The court, or any law

judge thereof in vacation, shall appoint three viewers from the

county board of viewers, and appoint a time, not less than

twenty nor more than thirty days thereafter, when the viewers

shall meet upon the line of the improvement and view the same

and the premises affected.

Section 3405. Proceedings to Assess Damages.--The

proceedings before such viewers for the allowances of damages

for property taken, injured or destroyed, and for the assessment

of benefits upon property benefited, shall be as provided in

this act for the assessment of damages and benefits in eminent

domain proceedings.

Section 3406. Discontinuance of Proceedings.--If any city

shall repeal any ordinance passed, or discontinue any proceeding

taken, providing for any such improvements, prior to the entry

upon, appropriation, or injury to any property or materials, the

city shall not be liable to pay any damages, but all costs upon

any such proceeding, together with any actual damage or injury

sustained by reason of such proceeding, shall be paid by the

city.]

Section 289. Sections 3407 and 3408 of the act are amended

to read:

20110SB0874PN0890	- 415 -

Section 3407. [Liens.--When the court has entered its final

decree confirming the report or fixing the assessments, the]

Assessment of Benefits; Liens.--With regard to improvements made

pursuant to section 3401(a), a city may, if feasible, assess the

benefits upon property benefited by the improvements pursuant to

Article XLV-A. The assessments of benefits shall become liens

upon the property assessed. Claims therefor may be collected in

the same manner as municipal claims are collected, or they may

be collected by action of assumpsit, the lien of the judgment,

however, to be limited to the property assessed.

Section 3408. Waters Excepted.--Nothing contained in the

preceding sections of this article shall apply to any [water-

course] watercourse used by any municipality or water company as

a source of supply, unless [such] the municipality or water

company shall consent to [such] the vacation or alteration.

Section 290. Section 3409 of the act is repealed:

[Section 3409. Construction of Dams.--Whenever the consent

of the Water and Power Resources Board and of the Federal

government, whenever necessary, has been granted to any city to

construct and maintain a dam, in a public navigable river or

stream flowing through, or partly within and partly without its

corporate limits, for the purpose of improving the sanitary

conditions thereof, such city may purchase, acquire, enter upon,

take, use and appropriate private property, either within or

without its territorial limits, for that purpose. If the city

cannot agree with the owner or lessee of such private property

upon the compensation for the property appropriated or the

damages done, or when, by reason of the absence or legal

incapacity of any such owner or lessee, no such compensation can

be agreed upon, the court of common pleas of the county in which

20110SB0874PN0890	- 416 -

such property may be situate, or any judge thereof in vacation,

on application thereto by petition by said city or such owner,

lessee, or any person affected, shall appoint viewers to view

and ascertain the damages done by reason thereof, and the

proceedings thereupon shall be as provided in this act in the

case of property taken, injured or destroyed.]

Section 291. Article XXXV heading of the act is amended to

read:

ARTICLE XXXV

[PUBLIC] UTILITY SERVICE

Section 292. Article XXXV subdivision (a) and subheading (1)

headings and section 3501 of the act are repealed:

[(a) Water Supply

(1) General Provisions

Section 3501. Exclusive Right to Furnish Water to City;

Frontage Tax.--Each city shall have the exclusive right, at all

times, to supply the city with water, and such persons,

partnerships, and corporations therein as may desire the same,

at such prices, as may be agreed upon; and for that purpose to

have, at all times, the unrestricted right, by ordinance,

subject to the provisions of existing laws, to make, erect, and

maintain all proper works, machinery, buildings, cisterns,

reservoirs, pipes, conduits, for the raising, reception,

conveyances, and distribution of water; or, in territory not

supplied with water, to make contracts with and authorize any

person, company, or association so to do and to give such

person, company, or association the privilege of furnishing

water, as aforesaid, for any length of time not exceeding ten

years. Whenever an extension of a supply of water to portions of

the city not previously supplied shall be made, it shall be

20110SB0874PN0890	- 417 -

lawful to charge all owners of houses, lots, and buildings on

each side of the street a frontage tax for the local water

supply part thereof according to the foot front or the assessed

valuation of the property for city purposes or according to

benefits. This tax shall be collected and recovered in the

manner provided by law for the recovery of municipal claims. The

legal title to all waterworks heretofore vested in any city by

equitable title shall, after the effective date of this act, be

vested in such city. Said waterworks shall be operated,

maintained, and managed in the same manner and subject to the

same provisions as any waterworks, owned or acquired by cities.]

Section 293. The act is amended by adding a section to read:

Section 3501.1. Right to Furnish Water, Lighting, Electric,

Gas or Other Similar Utility Service.--(a) A city may supply

water, lighting, electric, gas or other similar utility service

for public and private uses within the city. For these purposes,

a city shall have the power to install, maintain, and operate

all necessary facilities and to acquire property and make

improvements as needed. In carrying out the authority granted by

this section, a city may exercise all powers granted to it under

this act or any other law deemed necessary to carry out the

purposes of this section, including the power to acquire, by

eminent domain or otherwise, and the power to temporarily use or

lease, property.

(b) A city supplying water, lighting, electric, gas or other

similar utility service shall have the authority to fix the

rates and charges applicable thereto in accordance with section

3587.

authority to incur debt in accordance with 53 Pa.C.S. Pt. VII,

20110SB0874PN0890	- 418 -

Subpt. B (relating to indebtedness and borrowing).

Section 294. Article XXXV subheading (2) heading, sections

3505, 3506 and 3507, subheading (3) heading, sections 3515,

3516, 3517, 3518, 3519, 3520 and 3521, subheading (4) heading,

sections 3530, 3531 and 3532, subheading (5) heading and section

3540 of the act are repealed:

[(2) Acquisition by Eminent Domain

Section 3505. Appropriation of Lands and Waters.--Any city

desiring to erect water-works, or to improve its water supply,

may appropriate springs, streams, rivers, or creeks, and lands,

easements, and rights of way, within or without its limits; and,

for the purpose of conducting water obtained outside the limits

of the city, may lay pipes under and over any lands, rivers,

streams, bridges, highways, and under railroads. No water

appropriated under the provisions of this section shall be used

in such manner as to deprive riparian owners thereon of the free

use and enjoyment of the same for domestic or farm purposes.

Section 3506. Agreements as to Damages; Bonds.--Prior to any

such appropriation, the city shall attempt to agree with the

owner as to the damage done, or likely to be done. If the

parties cannot agree, or the owner cannot be found, or is under

legal incapacity, the city shall petition the court of common

pleas to fix the amount of its bond, with or without surety, as

the court may direct, conditioned for the payment to the owner

of the property of the damages for the taking thereof, when the

same shall have been ascertained, and shall file said bond, as

approved, in the said court.

Section 3507. Appointment of Viewers; Proceedings.--Upon

petition of either the property owner or city, the court shall

appoint three viewers from the county board of viewers, who

20110SB0874PN0890	- 419 -

shall assess the damages for the property or rights

appropriated, and shall fix a time for their meeting, of which

notice shall be given to all parties interested by newspaper

publication, at least once in at least one newspaper, ten days

prior to such meeting, as required by section one hundred and

nine of this act, and the posting of hand bills along the line

of said improvement. The proceedings for the assessment of

damages shall be as provided in this act in case of property

taken, injured or destroyed.

(3) Acquisition by Purchase after Appraisement

Section 3515. Petition to Court Expressing Desire to Acquire

Water-Works.--Whenever any person, firm, or corporation shall

own any water-works or system which furnishes water within the

city, such city may present its petition to the court of common

pleas of the county, setting forth that the city is desirous of

owning and operating such water-works or system, and that it

will be necessary to issue bonds, to be secured by such water-

works or system, and that a value should be placed upon such

water-works or system, including all property, real and

personal, used in connection therewith. A city may acquire, by

agreement with the owner thereof, any water-works or system

which furnishes water within the city, or a part thereof, and

within nearby municipal subdivisions, or parts thereof.

Section 3516. Appointment of Engineers as Appraisers to Make

Valuation.--The court shall thereupon appoint three registered

engineers, in civil engineering, as appraisers, to value and

appraise such water-works or system, and the property used in

connection therewith, and the contracts or agreements with

municipalities or townships, who shall file their report in the

court within three months after their appointment, unless such

20110SB0874PN0890	- 420 -

time be extended by the court.

Section 3517. Powers of Appraisers.--The appraisers shall

have access to the books and records of the person, firm, or

corporation, owning such water-works or system, to inform

themselves as to the income and value thereof. They shall have

power to administer oaths and are authorized to take the

testimony of witnesses. Their report shall be final if not

appealed from.

Section 3518. Appeal from Appraisement.--Within ten days

after notice of the filing of any report, either party may

appeal from such appraisement, alleging an undervaluation or

overvaluation of the property, and praying for a hearing before

the court. The court shall thereupon fix a time when such appeal

may be heard, of which time at least ten days' notice shall be

given to the parties, and, upon such hearing, the court shall

have power to modify such report, and either party may appeal

from the final confirmation of such report to the Superior or

Supreme Court.

Section 3519. Effect of Failure of Owner of Works to Accept

Price Fixed.--After the value is finally determined, the city

may buy such water-works or system at the valuation so fixed;

and the person, firm, or corporation owning the same shall,

within ten days after notice, file in court its consent to sell

and convey its water-works or system and property to the city at

the valuation fixed. And, in default thereof, such person, firm,

or corporation shall cease to have any exclusive privilege of

supplying the city, or the citizens thereof, with water, and the

city may install such water-works or system as may be necessary

for the accommodation of the public.

Section 3520. Issue of Bonds.--For the purpose of any

20110SB0874PN0890	- 421 -

purchase authorized by this article, the city may issue general

obligation bonds or utility bonds or non-debt revenue bonds

issued as provided by the Municipal Borrowing Law.

Section 3521. Limit of Bond Issue.--Such bonds shall not

exceed in amount the value fixed by the appraisers or the court.

The proceeds of the sale of such bonds shall be used exclusively

for the purpose of paying for the property acquired.

(4) Acquisition of Competing Water Companies by Cities

Section 3530. Power to Acquire Companies Operating in Same

Territory.--Any city owning, operating, or controlling a system

of water-works for the supplying of water to persons,

partnerships, and corporations residing therein, and for

municipal purposes, whether the title to the said water-works be

in the name of commissioners of water-works or in the city

itself or otherwise, may acquire all the water-works, including

water pipes, mains, service attachments, fire hydrants, and

improvements of any water corporation or private individual

operating partly within and partly without the limits of the

said city, both so much as is included within the limits of the

said city, and so much as is without the limits of the said

city, serving the territory adjacent thereto, and acquire and

exercise all of the franchises and powers of said prior owner

both within and without the city limits.

No such municipal acquisition shall be valid until, upon

application filed by the city and formally joined in by the

proposed vendor water company, the Public Utility Commission

shall have found and determined, after public hearing, that the

granting of such application and the service contemplated by the

city is necessary or proper for the service, accommodation, and

convenience of the public. In any such proceeding, the entire

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matter shall be before the commission, and no further specific

approvals of the said commission, which might otherwise be

required, shall be necessary.

Section 3531. Service Outside Limits Subject to Control of

Public Utility Commission.--The service of water by any such

city in the territory outside of the limits of the city shall be

subject to regulation and control by the Public Utility

Commission as to character of service, extensions, and rates,

with the same force and in like manner as though the city

serving in such territory were in fact a water corporation and

with respect to such territory outside of the limits of the

city, and shall have all the powers and be subject to all the

duties of a water corporation.

Section 3532. Different Rates Within and Without City.--

Inasmuch as the city may be serving its inhabitants at less than

the actual cost of service, including capital charges and

depreciation, because the plant may have been or may be built

and operated in part out of the funds raised by municipal

taxation, no rate, classification, rule, regulation, or

practice, put in operation by the city in the portion of its

territory supplied, located beyond the city limits shall be

considered as unjustly discriminatory solely by reason of the

fact that a different rate, classification, rule, regulation, or

practice is in operation within the boundaries of the

municipalities with respect to a similar service rendered.

(5) Power to Furnish Water to Consumers outside City

Section 3540. All cities wherein the title to the water-

works therein located is or shall hereafter be in the name of

the city may extend the water-pipes and improvements of any such

water-works, beyond the bounds of the cities wherein they are

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located, into the county and municipalities of the county in the

vicinity of such cities; and furnish water to any and all

corporations, institutions, persons, and municipal subdivisions

in the counties in which said cities are located, in accordance

with law and the rules and regulations of the Public Utility

Commission. This section does not authorize a city to extend

water-pipes or supply water in territory, outside the boundaries

of such cities, which territory is being supplied with water by

a private company.]

Section 295. The act is amended by adding a section to read:

Section 3540.1. Power to Furnish Utilities to Consumers

Outside City.--A city that provides utility service in

accordance with section 3501.1 may provide utility service in

surrounding municipalities, or portions thereof, which are not

provided with such services by those surrounding municipalities,

local or regional public authorities or private companies,

subject to and in accordance with applicable law and the rules

and regulations of the Pennsylvania Public Utility Commission

with regard to the character of service, extensions and rates.

Section 296. Article XXXV subheading (6) heading, sections

3550, 3551, 3552 and 3553, subheading (7) heading, sections

3560, 3561, 3562, 3563 and 3564, subheading (8) heading and

sections 3570 and 3571 of the act are repealed:

[(6) Power to Lease Water-Works

Section 3550. Lease of Water-Works.--The council of any city

may, on behalf of such city, enter into a contract with any

private individual, copartnership, association, or corporation,

for the leasing of any water supply, works, systems, and

property, or both, of such private individual, copartnership,

association, or corporation.

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Section 3551. Terms of Lease; Rental.--The said leasing may

be for such term of years and at such rental, as shall be agreed

upon by the city and the private individual, copartnership,

association, or corporation.

Section 3552. Operation of Property.--The property, so

acquired, shall be operated in the same manner as if the same

had been acquired by such city by purchase or condemnation

proceedings.

Section 3553. Rates.--The council of the city, subject to

the Public Utility Law, shall fix the rates to be charged for

the water furnished without the limits of such city to

individuals, copartnerships, associations, or corporations.

(7) Condemnation of Lands for Road Purposes and to

Prevent Contamination

Section 3560. Overflowing Roads; Acquisition of Lands to

Reconstruct Roads.--Whenever any city, in supplying water to the

public, shall find it necessary, in storing water, to occupy and

overflow with water portions of any turnpike or public road, or

whenever any public road leads into or crosses over any

reservoir used for the storage of water, the city shall cause

such turnpike or road to be reconstructed, at its own expense,

on a favorable location and in as perfect manner as the original

road, and, for such purposes, is authorized to condemn land

whenever an agreement as to the price cannot be had with the

owners.

Section 3561. Filing Maps and Plans.--After such change is

made, the city shall file in the court of quarter sessions of

the county a map or plan showing such change of road, and shall

furnish to the supervisors or other authorities of the township,

or municipal corporation, a copy of such map.

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Section 3562. Condemnation of Lands to Prevent

Contamination.--Cities may acquire, by purchase or condemnation,

such lands along and contiguous to the streams of water or

reservoirs from which water is taken for public use, as may be

necessary to preserve the same from contamination.

Section 3563. Security for Payment of Damages.--No land

shall be taken, injured or destroyed for the uses mentioned in

this subdivision of this article until compensation therefor

shall have been paid, or secured, before such taking, injury or

destruction.

Section 3564. Condemnation Proceedings.--The damages

incurred in changing the location of any such turnpike or public

road, and in condemning land to preserve water from

contamination, shall be ascertained in the manner provided in

this act in case of property taken, injured or destroyed.

(8) Miscellaneous Provisions

Section 3570. Power of City to Patrol Through Private

Lands.--Any city owning and operating a water-works system is

hereby authorized and empowered to enter, by any of its

employes, upon private lands through which may pass any stream

or streams of water supplying such city, for the purpose of

patrolling the drainage area of such stream or streams, and

making investigations or inquiries pertaining to the condition

of the stream or streams, sanitary or otherwise. Any injury or

damage done to the property, so entered upon, shall be paid by

such city.

Section 3571. Leasing of Part of Water-Works for Yacht

Harbor.--The council, or the commission of water-works, or other

body of any city having charge and control of the water-works

property of any such city, may, subject to the approval of the

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State Department of Health, and subject to proper restrictions,

lease, for a period of years, any portion of the real property,

not exceeding three acres, and any water area, under its

control, and not necessary or essential for the operation and

maintenance of such water-works, for the purpose of establishing

and maintaining a harbor for yachts and for the erection of

proper and suitable buildings in connection therewith, whenever

the occupation of the grounds and water areas so leased shall

not interfere with the operation of such water-works or in any

manner affect the sanitary conditions of any public water

supply.

Any such lease, before the same is executed, shall be

submitted to and be approved by the Department of Health.]

Section 297. Section 3572 of the act, added August 19, 1953

(P.L.1100, No.297), is repealed:

[Section 3572. Accumulation of Funds; Repair and Replacement

of Water Supply Systems.--Any city, which now has or may

hereafter acquire title to any water-works, shall create a

special fund and accumulate therein money to be expended

exclusively for the repairing and replacing of its water supply

system. The city shall annually place into the fund the

difference between ten (10) per cent of the net receipts

collected by it incidental to the supplying of water and water

service and the amount, if any, expended in repairing or

replacing its water supply system. The total amount in the

special fund shall not exceed in the aggregate ten (10) per cent

of the net receipts for any three years.

The provisions of this section shall not be construed to

limit the powers of the city to use receipts from water or water

services for purposes of repairing or replacing its water supply

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system.]

Section 298. Article XXXV subdivision (b) heading, sections

3575 and 3576, subdivision (c) heading and sections 3580, 3581,

3582, 3583 and 3584 of the act are repealed:

[(b) Power and Light

Section 3575. Power to Furnish Light.--Cities shall have the

exclusive right, at all times, to supply the city with electric,

gas or other light, and such persons, partnerships, and

corporations therein as may desire the same, at such prices as

may be agreed upon; and shall have at all times, the

unrestricted right to make, erect, and maintain the necessary

buildings, machinery, and apparatus for manufacturing and

distributing the same, or, in territory not supplied with light,

to make contracts with and to authorize any person, company, or

association so to do, and to give such person, company, or

association the privilege of supplying gas or other light, as

aforesaid, for any length of time not exceeding ten years.

Section 3576. Street Lighting; Ornamental Lighting

Systems.--Cities may, by ordinance, provide for and regulate the

lighting of streets with gas or electric light, or light by

other means, and, upon petition of the majority of the property

owners in number or interest abutting on any street or section

thereof, may install ornamental lighting systems and assess the

costs of installation, maintenance, or operation entirely upon

the city, or entirely upon the abutting property owners, or

partly upon the abutting property owners and partly on the city.

Section 3580. Creation of Water and Lighting Department.--

Any city which now has or which may hereafter have the title to

any water, gas, or electric light works, by conveyance to the

20110SB0874PN0890	- 428 -

same or by operation of law in its corporate name, or which may

hereafter erect or purchase water, gas, or electric light works,

under the provisions of this act, may create a department to be

called the water and lighting department, and, for the

organization and government of the same, the council may divide

the city into three districts for the election of a board of

commissioners, which districts shall be numbered one, two, and

three; one commissioner to be chosen from each respective

district, of which he shall be a resident at the time of his

election, and no member of council or person holding any city

office shall be eligible as a member of said board.

Section 3581. Election of Members of Commission.--The

council of such city creating such department, as aforesaid,

may, on the second Monday of April, or within thirty days

thereafter, elect one person from each of said districts as a

member of the board of commissioners of the water and lighting

department; and at the first election each member of council

shall vote for but two commissioners, and the three persons,

being one from each of said districts, having the highest number

of votes shall be declared elected. The commissioners so elected

shall serve for the term of one, two, and three years,

respectively, to be computed from the date of election, and

until their successors are duly elected and qualified. The term

of each shall be determined by lot at the first meeting of the

board, and thereafter on the second Monday of April of each

year, or within thirty days thereafter, the council shall elect

one commissioner to serve for the term of three years.

Section 3582. Compensation of Commissioners; Oath; Removal;

Filling of Vacancies.--The members of the board of

commissioners, created as aforesaid, shall receive such

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compensation for their services as may be provided by ordinance.

Before entering upon their respective duties, they shall take

and subscribe the oath prescribed by this act for city officers,

and they shall be removable by council for misdemeanor in office

or neglect of duty. All vacancies occurring in the board shall

be filled by council for the unexpired term.

Section 3583. Duties of Board.--The board shall take charge

of the water and lighting department so created, and shall

employ and dismiss at pleasure a superintendent and a clerk, who

shall be secretary of the board, whose compensation shall be

fixed by council. The board shall employ such laborers,

mechanics and workmen as they may deem necessary for the

economical and efficient administration of said department. They

shall purchase such materials and supplies as may be required

for keeping the works in good repair, and have charge and

control of all constructions, repairs, enlargements and

extensions of the works, and shall conduct and manage the

affairs and business of the department in accordance with law

and the directions of council.

Section 3584. Estimates of New Work to be Furnished

Council.--The said board of commissioners shall, whenever called

upon by council, make and submit to them full estimates of the

cost, charges and expenses of any new work, enlargement,

extension of water or lighting supply, or alteration which

council may contemplate making relative to said works; and may,

at any time, submit to council any suggestions and estimates

they may see proper to make touching the improvement, extension,

or enlargement of said works, but no new construction,

reconstruction, extension, supply of water or light, or

enlargement of said works shall be undertaken by said

20110SB0874PN0890	- 430 -

commissioner so created, or materials or supplies be purchased

therefor, without the previous consent and direction of

council.]

Section 299. Section 3585 of the act is amended to read:

Section 3585. Payment of Cost of [Extensions by Property

Owners; Frontage Tax] Extensions.--Whenever an extension of [a

supply of] pipes, wires or conduits is made to permit a city to

supply water or light, electric, gas or other similar utility

service to portions of the city not previously supplied [shall

be made by the said commissioners, they shall make out a full

statement of the number of feet of main pipes laid or extended

through any of the streets of the city in which main pipes were

not laid before the said extension, and shall file the same in

the department; and it shall be the duty of the clerk of said

department, forthwith, on receipt of said statement to make out

a list of all owners of houses, lots and buildings on each side

of the street through which said pipes are extended, and to

charge said owners, and each of them, for each and every house,

lot or building so situated in said streets, at such rate per

foot as council may by ordinance fix, for said mains extending

along the front of their respective houses, lots and buildings.

Nothing herein contained shall be construed to prevent council

from providing for the payment of water and gas pipes by the

city] with such service, an assessment of the costs thereof may

be made in accordance with Article XLV-A.

Section 300. Section 3586 of the act is repealed:

[Section 3586. Collection of Frontage Tax; Assessment of

Cost.--Said charge shall be called the frontage water tax, or

lighting tax, as the case may be, and shall be collected and

recovered in the manner provided by law for the recovery of

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municipal claims. Whenever any pipes for the conveyance of water

or light shall be laid in any of the streets or highways within

such city, the owners of the ground in front of which the same

shall be laid shall pay for the expense thereof such sum for

each foot of the front of their ground upon such street as

council may, by ordinance, direct: Provided, That in all corner

lots an allowance shall be made of one-third the length of their

front, but such allowance shall be always and only on the street

having the longest front and in case both fronts are of equal

dimensions, the allowance shall be made in the street in which

the pipes shall be last laid, but in no case shall the allowance

exceed sixty feet on any corner lot: And provided further, That

when a corner lot shall have erected upon it two or more

separate tenements, there shall only be an allowance made equal

to one-third of the depth of the corner tenement and the yard

adjoining. The provisions of this and the foregoing section

shall not apply to any lot or piece of ground in such city upon

which there may be a supply of water or gas obtained from any

other source whatever, but if at any time the owner of such lot

or piece of ground shall desire to obtain a supply of water or

gas from the works of such city, then and in that case the

provisions of this section shall first be complied with.]

Section 301. Section 3587 of the act is amended to read:

Section 3587. Fixing Rates.--[The board of commissioners

may] Council shall fix, or may delegate to a city department the

power to fix, with the approval of council, [fix the water and

lighting rates, and the quantity to be used, and for that

purpose they shall, on the first Monday of March in each year,

establish the rates for the succeeding year, which rates shall

be submitted by them to council for its approval, and, when

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approved, such rates shall not be changed for and during the

year, but if not approved, the existing rates shall continue

until modified by the commissioners, with the approval of

council] rates for the use of water or light, electric, gas or

other similar utility service and, in the case of consumers

outside the city, the fixing of rates shall be subject to and in

accordance with applicable law and the rules and regulations of

the Pennsylvania Public Utility Commission.

Section 302. Section 3588 of the act, amended December 18,

1992 (P.L.1424, No.175), is amended to read:

Section 3588. Collection of [Lighting and Water] Utility

Charges.--(a) Council shall provide, by ordinance, for the

collection of [all the lighting and water] charges for the use

of water or light, electric, gas or other similar utility

service that may accrue, from time to time, to the city [for the

use of the water or light], fixing the time when [such] the

charges shall be payable, and the penalties for nonpayment

thereof[; and such] . The charges shall be assessed to the

respective owners of the real estate on which [such water or

light] the utility service is used, and if the same shall not be

paid in accordance with the provisions of [such] the ordinance,

claims for the amounts due [shall be registered in the city lien

docket in the same manner as provided by law in the case of

unpaid city taxes on real estate, with the like force and effect

as to the lien thereof.] may be filed as a lien and collected in

accordance with the "Municipal Claim and Tax Lien Law."

(b) In the case of a city which has agreed to provide water

service through a separate meter and separate service line to a

residential dwelling unit in which the owner does not reside,

the owner shall be liable to pay the tenant's bill for service

20110SB0874PN0890	- 433 -

rendered to the tenant by the city only if the city notifies the

owner and the tenant within thirty days after the bill first

becomes overdue. Such notification shall be provided by first

class mail to the address of the owner provided to the city by

the owner and to the billing address of the tenant,

respectively. Nothing herein shall be construed to require a

city to terminate service to a tenant, provided that the owner

shall not be liable for any service which the city provides to

the tenant ninety or more days after the tenant's bill first

becomes due unless the city has been prevented by court order

from terminating service to that tenant.

Section 303. Section 3589 of the act is repealed:

[Section 3589. Report to Council; Accounts of City

Treasurer; Disposition of Surplus.--The board of commissioners

shall, annually at a stated meeting of council in the month of

January, report to said council a full statement of all the

repairs, alterations, reconstructions, new constructions,

expenditures, and everything relating to the management and cost

to the city of maintaining each of the said works. The city

treasurer shall keep his accounts in such manner as to show in

his monthly report, distinctly and separately, the entire amount

of revenue realized during each month from the water and

lighting departments of said city, respectively; and the

revenues derived from the said water and lighting departments

shall be applied exclusively to the purposes of said

departments, respectively; and the surplus, if any, to the

reduction of the debt thereof. Any surplus revenues from said

water and lighting departments, after the payment of all the

debts of said respective departments, shall be applied as

follows: The surplus from the water revenues, to the reduction

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of the bonded indebtedness which has been created by the city

for the erection and construction of its water-works; and the

surplus from the lighting revenues, to the reduction of any

bonded indebtedness which has been created by the city for the

erection and construction of its lighting plant.]

Section 304. The act is amended by adding a section to read:

Section 3590. Disposition of Revenues.--The revenues derived

from the city's furnishing of water, light, electric, gas or

other similar utility service shall be applied as follows:

(1) to the purposes of the respective departments under the

direction of which the utility service is provided;

(2) for the reduction of debt related to the provision of

that service; and

(3) to any other city department that provides labor or

materials for the maintenance and repair of property or

facilities relating to the city's provision of a utility

service.

Section 305. Article XXXVI heading is reenacted to read:

ARTICLE XXXVI

PUBLIC BUILDINGS AND WORKS

Section 306. Section 3601 of the act is amended to read:

Section 3601. [Hospitals, Jails, Poor Farms, Et Cetera.--

Each city may, by ordinance, erect] Public Buildings

Generally.--(a) With regard to public buildings, each city may,

by ordinance, do any of the following:

(1) Erect, purchase, establish or maintain [hospitals,

jails, workhouses, or houses of correction for juvenile or other

offenders and prescribe regulations for the government thereof;

and erect] all public buildings. [necessary for the use of the

city, or of any department thereof; purchase, take, use, or

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occupy, private lands upon which to erect any of the said

buildings; purchase, take, use, or occupy, within or without the

limits of the respective city, whether within the county wherein

is located the city, or within a county adjacent thereto, or

within both, private lands and buildings; establish and maintain

a general hospital, or hospitals, for the cure and treatment of

the sick and injured, or a hospital or hospitals for the

treatment and separation of persons suffering with contagious or

infectious diseases, and prescribe rules and regulations for the

government, management, and maintenance thereof; purchase, take,

use, or occupy, within the limits of the county of such city or

within a county adjacent thereto, or within both, private lands

upon which to establish and maintain a poor farm, with all

necessary and convenient buildings and appliances, where the

city may support and maintain such poor persons as such city is

by law required to support and maintain; acquire, by purchase,

or in other lawful manners, within or without the city, but

within the county or counties in which the city is located,

sufficient real estate for present and future use upon which to

erect workhouses or houses of detention, poor houses, garbage

and incinerating furnaces. The proceedings for the assessment of

damages for any property taken, occupied or used for any such

purpose shall be the same as provided in this act for property

taken, injured or destroyed.]

(2) Purchase, take, use, occupy, or acquire, by any lawful

means, including eminent domain, private lands, buildings and

property in order to erect, establish or maintain public

buildings.

(b) For purposes of this article, public buildings shall

include not only those buildings or structures which council

20110SB0874PN0890	- 436 -

deems necessary for the use of the city, but also other

buildings and structures which are to be used for a public

purpose, including public auditoriums, public libraries, public

memorial buildings and monuments.

Section 307. Section 3602 of the act is repealed:

[Section 3602. Public Auditoriums, Libraries, Memorials and

Monuments.--Cities may take, purchase, or acquire, by any lawful

means, or through condemnation proceedings, property for the

purpose of erecting thereon public auditoriums, public

libraries, public memorial buildings, and monuments.]

Section 308. Section 3603 of the act is amended to read:

Section 3603. Payment of Cost of Erection and Maintenance.--

Cities may appropriate money [or issue bonds for the erection,

on said property purchased or acquired through condemnation

proceedings, public auditoriums, public libraries, public

memorial buildings, and monuments] and incur debt in accordance

with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and

borrowing) for the purchase or acquisition through eminent

domain of private lands, buildings and property in order to

erect or establish public buildings. Cities may also appropriate

moneys for the operation and maintenance of [such public

auditoriums, public libraries, memorial buildings, and

monuments] public buildings.

Section 309. Section 3604 of the act is repealed:

[Section 3604. Proceedings for Assessment of Damages.--All

proceedings for the assessment of damages for property taken for

auditoriums, libraries, memorials and monuments shall be had in

the manner provided by this act for property taken, injured or

destroyed.]

Section 310. Sections 3605, 3606 and 3607 of the act are

20110SB0874PN0890	- 437 -

amended to read:

Section 3605. Donation of Land by City for Library Purposes;

Contributions [toward Maintenance.--Cities may donate ground

thus acquired for a public library to any library association

provided said association will furnish the funds for the

erection of the library building, the plans of which are

approved by the city, but only in such cases where the said

library association is by its by-laws and charter compelled to

put back into the property and surplus earnings from the

operation of said library. Cities may make appropriations

towards the operating expense of such library.] toward

Maintenance.--In addition to the power to make appropriations,

donations and gifts for library purposes in accordance with the

act of June 14, 1961 (P.L.324, No.188), known as "The Library

Code," a city may acquire and donate land for library purposes

to a local library as defined in section 102 of "The Library

Code."

Section 3606. Rental of Public Auditoriums; Disposition of

Proceeds.--Cities, in the case of public auditoriums, may, by

order of council, charge a rental for the use of [said] the

public auditorium. All moneys derived from rental of [said] the

public auditoriums shall be paid into the general fund of the

city.

Section 3607. [Leasing of City Property as Memorials.--Each

city may lease real estate, the property of said city,] Long-

Term Improvement Leases.--(a) A city may lease city real estate

on long term improvement leases, at a nominal rental or

otherwise, to a [corporation of the first class] nonprofit

corporation, for the purpose of providing an auditorium for

dramatic, musical, artistic, literary, scientific or patriotic

20110SB0874PN0890	- 438 -

societies or events, or for such other purposes as may be

approved, from time to time, by council.

(b) A long-term improvement lease shall be for a term of not

more than ninety-nine years, and may provide for a right of

renewal for a like term, and shall contain provision for the

improvement of the real estate by the lessee by the erection of

a suitable building or buildings of dignified and appropriate

architecture, absolute ownership of which building or buildings

shall revert to the city, free of any claim or charge, at the

end of the term of the lease or any renewal thereof.

term improvement lease may be used for any one or more of the

following purposes, which are hereby declared, in respect of

this subject matter, to be used for public purposes: As an

auditorium for dramatic, musical, artistic, literary, or

scientific events, including provision for the accommodation of

patriotic societies or groups, or such other accommodations and

features as may be approved, from time to time, by the city.

(d) The title to property subject to a long-term improvement

lease shall remain in the city, and for purposes of local

taxation, the property which is subject to a long-term

improvement lease and the leasehold estate created thereby shall

be deemed to be devoted to a public purpose and public use.

(e) The lessees under a long-term improvement lease shall be

exclusively liable for the maintenance and upkeep of the demised

premises, and shall be solely responsible for the maintenance

and operation thereof.

(f) Any long-term improvement lease may provide that the

lessor shall be entitled to receive a sum equal to the net

income of the demised premises after reasonable reserves and

20110SB0874PN0890	- 439 -

proper amortization charges.

Section 311. Sections 3608, 3609, 3610, 3611 and 3612 of the

act are repealed:

[Section 3608. Term of Lease; Renewals; Improvements to be

Erected.--Every such lease shall be for a term of not more than

ninety-nine years, and may provide for a right of renewal for a

like term, and shall contain provision for the improvement of

the real estate by the erection of a suitable building or

buildings of dignified and appropriate architecture, absolute

ownership of which building or buildings shall revert to the

city, free of any claim or charge, at the end of the term of the

said lease or any renewal thereof.

Section 3609. Use of Buildings.--The building or buildings,

so erected, may be used for any one or more of the following

purposes, which are hereby declared, in respect of this subject

matter, to be used for public purposes: As an auditorium for

dramatic, musical, artistic, literary, or scientific events,

including provision for the accommodation of patriotic societies

or groups, or such other accommodations and features as may be

approved, from time to time, by the city.

Section 3610. Title in City; Exemption from Taxation;

Maintenance.--The title to the said property, as so improved,

shall remain in the city, and neither the said real estate, nor

the leasehold estate created by such lease, shall be subject to

local or other taxation.

The lessees shall be exclusively liable for the maintenance

and upkeep of the demised premises, and shall be solely

responsible for the maintenance and operation thereof.

Section 3611. Rental.--Any such lease may provide that the

lessor shall be entitled to receive a sum equal to the net

20110SB0874PN0890	- 440 -

income of said demised premises after reasonable reserves and

proper amortization charges.

Section 3612. Location of City Jails Restricted.--No city

shall erect or construct a city jail or lock-up, or use any

existing building or lock-up for the first time, which will be

or is located within five hundred feet of any public school

building.]

Section 312. Article XXXVII heading of the act is reenacted

to read:

ARTICLE XXXVII

PARKS, PLAYGROUNDS, AND RECREATION CENTERS

Section 313. Section 3703 of the act, amended September 26,

1951 (P.L.1515, No.379), is amended to read:

Section 3703. Acquisition of Lands and Buildings.--Cities

may enter upon, take, use, purchase and acquire, by gift or by

the right of eminent domain, lands, property and buildings, for

the purpose of making, extending, enlarging, and maintaining

recreation places which shall consist of public parks, parkways,

playgrounds, playfields, gymnasiums, public baths, swimming

pools, or indoor recreation centers, may levy and collect such

special taxes as may be necessary to pay for the same, and make

appropriations for the improvement, maintenance, care,

regulation, and government of the same. Cities may designate and

set apart for use for any of the purposes specified in this

section lands and buildings owned by such cities and not

dedicated or devoted to other public use. Cities may also lease

lands and buildings in such cities for temporary use for [such]

these purposes. Lands, property and buildings outside the limits

of the city may be [acquired in like manner] purchased or

acquired for the recreation places[, and such lands may be

20110SB0874PN0890	- 441 -

annexed to the city, in the manner provided by this act for the

annexation of territory to a city.] with the consent of the

governing body of the municipal corporation in which the lands,

property or buildings are situated.

Section 314. The act is amended by adding a section to read:

Section 3703.1. Powers of Council; Delegation.--(a) Council

shall have the power to equip, operate, supervise, and maintain

recreation places and to employ recreation directors or any

other officers or employees deemed necessary in order to carry

out the provisions of this article.

(b) In any case in which more than one-half the full costs

of the supervision and maintenance of the recreation places,

including the compensation of all the officers and employees

hired to carryout the provisions of this article, are borne by

the city, council shall have the authority to fix the

compensation of these officers and employes.

subsection (a) to an existing body or board or to a recreation

board, as council shall determine.

Section 315. Section 3704 of the act, amended January 14,

1952 (1951 P.L.2032, No.570), is repealed:

[Section 3704. Creation of Recreation Board.--The authority

to supervise and maintain recreation places may be vested in any

existing body or board, or in a recreation board, as council

shall determine. Council may equip, operate, and maintain the

recreation places, as authorized by this act. Such authorities

may, for the purpose of carrying out the provisions of this

article, employ play leaders, recreation directors, supervisors,

superintendents, or any other officers or employes, as they deem

proper. Where more than one-half the full costs of the

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supervision and maintenance of the recreation places, including

the compensation of all the officers and employes, are borne by

the city, the compensation of such officers and employes shall

be fixed by council: Provided, however, That in such cases,

council may delegate this power to the recreation commission.]

Section 316. Section 3705 of the act, amended October 4,

1978 (P.L.950, No.188), is amended to read:

Section 3705. [Composition of Board.--(a) If council shall

determine that the power to equip, operate, and maintain

recreation places, shall be exercised by a recreation board,

they may establish in said city such recreation board, which

shall possess all the powers, and be subject to all the

responsibilities of council under this article. Such] Creation

and Composition of Recreation Board.--Council may establish in

the city a recreation board, which shall possess the powers and

the responsibilities delegated to it by council in accordance

with section 3703.1(c). The recreation board, when established,

shall consist of [a minimum of five and a maximum of nine

persons, two of whom shall be members of and appointed by the

school board. The city] five or seven persons. The members of

the board shall be appointed by the mayor with the approval of

council and shall serve for terms no longer than five years and

the terms of the members shall be staggered in such a manner

that at least one expires annually. Members of [such] the

recreation board shall serve without pay. Vacancies in [such]

the board, occurring otherwise than by expiration of term, shall

be for the unexpired term and shall be filled in the same manner

as original appointments.

[(b) In addition to the establishment of a city recreation

board, the council may appoint persons to serve as members of a

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school district recreation board established by the school

district wherein the city is located.]

Section 317. Sections 3706, 3707 and 3708 of the act are

amended to read:

Section 3706. [Organization of Board; Employes] Organization

of Board.--The members of a recreation board, established

pursuant to this article, shall elect their own [chairman] chair

and secretary and select all other necessary officers, to serve

for a period of one year[, and may employ such persons as may be

needed, as authorized by this article. Such] The board shall

have power to adopt rules and regulations for the conduct of all

business within its jurisdiction.

Section 3707. Joint Ownership and Maintenance.--[Any] A city

may, jointly with any [other cities, boroughs, or townships, or

any of them] one or more other municipalities, acquire property

for, and operate and maintain, any recreation [places] place.

Any city may join with any school district, in equipping,

operating, and maintaining recreation places, and may

appropriate money therefor.

Section 3708. [Issue of Bonds.--The city council may issue

general obligation bonds] Borrowing.--The city council may

borrow money and incur debt in accordance with 53 Pa.C.S. Pt.

VII Subpt. B (relating to indebtedness and borrowing) for the

purpose of acquiring lands or buildings for recreation places,

and for the equipment therefor.

Section 318. Section 3709 of the act, amended August 10,

1965 (P.L.318, No.168), is amended to read:

Section 3709. Maintenance and Tax Levy.--[All expenses

incurred in the operation of such] Expenses incurred in the

maintenance and operation of recreation places, established as

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herein provided, [shall be payable] including the operation of

recreation programs therein, may be paid from the treasury of

the city. Council may annually appropriate, and cause to be

raised by taxation[, such tax for the purpose of maintaining and

operating recreation places. In lieu thereof, council may

annually appropriate moneys to any existing body or board, or to

a recreation board or commission, for the maintenance and

operation of recreation places.] in accordance with section

2531(a)(4), a tax for this purpose. The funds may be

appropriated, for the purposes of this section, to any existing

body or board, or to a recreation board or commission.

Section 319. The act is amended by adding a section to read:

Section 3709.1. City Trusts.--(a) In addition to all other

powers conferred by law, a city may receive in trust, and city

council may control for the purposes of the trust, all estate,

moneys, assets and property, real and personal, which may have

been or shall be bestowed upon it by donation, gift, legacy,

endowment, bequest, devise, conveyance or other means, for the

purpose of establishing or maintaining a public park or other

public purpose for the use and benefit of the citizens of the

city.

(b) In the event that a city trust has been or is created as

a result of any property or estate, whatsoever, having been

conveyed, bequeathed or devised or otherwise given or donated to

any city, in trust, for the purpose of establishing or

maintaining a public park or other public purpose for the use

and benefit of citizens of the city, control of the trust shall

be transferred to city council and, if necessary to carry out

the intention of this section, the court of common pleas in the

county in which a city is located may, upon petition of council,

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transfer control of the trust to city council. City council may

delegate the supervision and operation of recreation places

subject to the trust to a recreation board in accordance with

section 3703.1. Nothing in this section shall limit any power of

the court to terminate or reform a trust under existing law.

Section 320. Sections 3710, 3711, 3712, 3713, 3714, 3715,

3716 and 3717 of the act are repealed:

[Section 3710. Leasing by City of its Parks or

Playgrounds.--Cities may enter into contracts and agreements

with any incorporated association, acting within its corporate

powers, for the use by the latter of any park or playground,

owned, leased, or occupied by said cities, for such period and

upon such terms as to maintenance, upkeep and improvement of

such ground as may be mutually agreed upon. No such contract or

agreement, however, shall permanently exclude the public of said

cities from the use and enjoyment of said parks and playgrounds.

The said cities shall at all times be invested with the power

and authority to adopt suitable rules and regulations concerning

the use and occupation of said parks and playgrounds by the

public generally, and by such incorporated associations

specially.

Section 3711. Sale of Coal Under Parks or Commons.--Council

may sell and lease, at the best price obtainable, and subject to

such conditions as it may deem necessary to impose for the

protection of the surface, the coal under any park or common

owned by and situate within the corporate limits of the city.

When any park, or common shall front on a river or other public

stream, such portion of the amount realized from the sale or

lease of such coal may be used for the erection of retaining

walls, as council shall deem necessary for the purpose. Before

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any such coal shall be sold or leased, the proposed sale shall

be advertised, in accord with the provisions of section one

hundred and nine of this act, at least once a week in three

daily papers published in the city in which said coal is

situate, if there be so many, and in any other publication, as

council may determine; and sealed bids shall be received, and

the person, copartnership, association or corporation offering

the highest and best price shall be the purchaser, but council

shall have the right to reject all bids.

Section 3712. Use of Proceeds of Sale or Lease of Coal Under

Parks.--Whenever any city shall have sold or leased the coal

underlying any public park or common within the limits of said

city, the proceeds of said sale or lease, except as hereinbefore

otherwise provided, shall be applied only as follows: First. To

the improvement, policing, and lighting of the said park or

common, or the redemption of bonds issued for the improvement of

said park or common; Second. Any surplus of the said proceeds

may then be applied and used for the purchase and improvement of

other lands, within the limits of the city or immediately

adjacent thereto, for use as recreation places, or for the

building of bridges and construction of drains and sewers, or

for such other purposes as council may determine: Provided, That

no land shall be purchased for such use with said funds unless

the ordinance authorizing the purchase shall have been passed by

the affirmative vote of four members of council.

Section 3713. Application of Coal Rentals to Payment of

Costs of Improvements; Issue of Bonds.--Whenever hereafter any

such city shall have leased the coal under any public park or

common for a rental or royalty payable in periodical

instalments, in order to provide for the payment of the cost of

20110SB0874PN0890	- 447 -

any such improvements authorized in the preceding sections, the

said city may, from time to time, issue general obligation

bonds. The issuance of any such bonds shall be in accordance

with the Municipal Borrowing Law.

Section 3714. Appointment of Directors of City Trusts.--

Whenever any property or estate, whatsoever, has been conveyed,

bequeathed or devised to any city, in trust, for the purpose of

establishing or maintaining a public park or other public

purpose for the use and benefit of citizens of such city, the

court of common pleas of the county in which such city is

located, on petition of council of said city, shall appoint five

persons as directors of city trusts, all of whom shall be

citizens of such city, and none of whom shall hold any office or

employment thereunder, who shall exercise and discharge all the

duties and powers of said city, however acquired, concerning

such property, conveyed, bequeathed or devised to such

charitable use, to the extent that the same has been or

hereafter may be, by statute or otherwise, vested in or

delegated to the said city or the officers thereof. The

directors of city trusts may delegate the supervision and

operation of such city trusts as are recreation places to the

authority determined by council for recreation places of the

city in accordance with section three thousand seven hundred

four of this act.

Section 3715. Term of Service; Removal; Vacancies.--The

persons so appointed shall serve as members of the board of

directors of city trusts during good behavior, subject, however,

to removal by the court of common pleas for dereliction or

neglect of duty, or for any other cause deemed by the said court

to be important for the conservation or administration of the

20110SB0874PN0890	- 448 -

said trust thus imposed upon them.

All vacancies shall be, from time to time, filled by the said

court, on petition of the council, of said city, or any of its

citizens.

Section 3716. Duties of Directors.--The said directors of

trust shall carefully invest and preserve the trust funds; make

such rules and by-laws for the proper regulation of their

business not inconsistent with the terms annexed to any

conveyance, bequest or devise in any deed or last will and

testament of any decedent; appoint and employ as many agents and

employes as, in their judgment, shall be necessary for the

proper discharge of the said trust or trusts; and, in the name

and in accordance with the conditions of said trusts, do any and

all things requisite for the proper administration and

management of the property under their control.

Section 3717. Directors to be Agents of City; to Have no

Interest in Contracts.--The said directors, in the discharge of

their duties and within the scope of their powers, shall be

considered agents or officers of the city, but no compensation

or emolument whatever shall be received by them for any services

performed relating to the said trusts, nor shall any of them

have or acquire any personal interests in any contract whatever

made through them or their agents or employes.]

Section 321. Section 3718 of the act is amended to read:

Section 3718. [Appointment of Park Guards.--] Park

Rangers.--(a) The council of every city shall have power, under

the provisions of this article, to provide, by ordinance, for

the selection and employment of such number of persons as [they

deem necessary to act as park guards] are deemed necessary to

act as park rangers, fix their compensation and duties, and

20110SB0874PN0890	- 449 -

provide for their [uniforming] uniforms.

(b) To the extent authorized by 53 Pa.C.S. Ch. 21 Subch. D

(relating to municipal police education and training), persons

appointed as park rangers, under any ordinance passed pursuant

to the provisions of subsection (a), shall have, in the parks

and playgrounds and other public places in the cities, and

beyond the limits of the cities when the cities have acquired

lands, properties and buildings for park and playground or other

public purposes, the same power, in preserving the peace,

maintaining order, and making arrests, as police officers have

in the cities.

No.193), referred to as the Enforcement Officer Disability

Benefits Law (Heart and Lung Act), the term "park ranger," as

used herein, shall mean a park guard.

(d) Park rangers shall be under the supervision, control and

direction of the director of the Department of Parks and Public

Property, or, if none exists, any other department as council

directs.

Section 322. Sections 3719, 3720 and 3721, Article XXXVIII

and subdivision (a) headings and section 3801 of the act are

repealed:

[Section 3719. Powers of Park Guards.--Persons appointed as

park guards, under any ordinance passed pursuant to the

provisions of the preceding section, shall have, in the parks

and playgrounds and other public places in such cities, and

beyond the limits of such cities when such cities have acquired

such lands, properties and buildings for park and playground or

other public purposes, the same power, in preserving the peace,

maintaining order, and making arrests, as policemen have in such

20110SB0874PN0890	- 450 -

cities.

Section 3720. Control of Park Guards.--Such park guards

shall be under the supervision, control, and direction of the

director of the Department of Parks and Public Property.

Section 3721. Sale of Unused and Unnecessary Land and

Buildings.--The council of each city is hereby vested with the

necessary power and authority to sell unused and unnecessary

lands and buildings that have been dedicated to park purposes by

public auction, upon sealed bids, or at private sale with

approval of the court of common pleas; Provided, nevertheless,

That before any such sale is made council shall advertise said

proposed sale twice in at least one newspaper in accordance with

section one hundred and nine of this act.

ARTICLE XXXVIII

SHADE TREES AND FORESTS

(a) Shade Trees

Section 3801. Shade Tree Commission.--Any city may, by

ordinance, create a commission to be known as the Shade Tree

Commission of such city; but in cities where the council of said

city shall not elect to create by ordinance such Shade Tree

Commission, the said council may exercise all the rights and

perform the duties and obligations imposed by this article upon

the Shade Tree Commission.]

Section 323. Section 3802 of the act, amended November 2,

1975 (P.L.459, No.128), is repealed:

[Section 3802. Composition of Commission.--The commission,

if ordained, shall be composed of not less than three nor more

than seven residents of the city, who shall be appointed by the

mayor, and shall serve without compensation.

One commissioner shall serve for a term of three years, one

20110SB0874PN0890	- 451 -

for a term of four years, and one for a term of five years on

commissions of only three residents. Where the commission

consists of more than three members, the time sequence provided

for a three member commission shall be repeated.

On the expiration of the term of any commissioner, a

successor shall be appointed by the mayor to serve for a term of

five years.

Vacancies in the office of commissioner shall be filled by

the mayor for the unexpired term.

Should the governing body determine to increase the

membership of an already existing commission, the additional

members shall be appointed as provided in this section. If, at

any time, after increasing the membership of the commission the

governing body should determine to reduce the number of members

on the commission, such reduction shall be effectuated by

allowing the terms to expire and by making no new appointments

to fill the vacancy. Any increase or reduction in members shall

be by ordinance.]

Section 324. Sections 3803, 3804, 3805 and 3806 of the act

are repealed:

[Section 3803. Powers May Be Vested in Park Commission.--

Whenever in any city there exists a commission for the care of

public parks, the council may also, by ordinance, provide that

the park commission shall have all the powers and be subject to

all the duties prescribed by this article for the Shade Tree

Commission.

Section 3804. Powers of Commission.--The commission shall

have exclusive custody and control of the shade trees of the

city, and may plant, remove, maintain, and protect shade trees

on the streets and sidewalks in the city. The commission may

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require the planting and replanting of shade trees along the

streets and sidewalks of the city, as council may direct. The

kind of tree and the alignment and locations of the trees shall

be determined by the commission or as council may direct, but

shall not prevent necessary or reasonable use of streets,

sidewalks, abutting property, or the conduct of business.

The commission may, with the approval of council, either

employ and pay superintendents, engineers, foresters, tree-

wardens, or other assistants, or may contract for personal and

professional services, for the proper performance of the duties

devolving upon it, and may make, publish, and enforce

regulations for the care and protection of the shade trees of

the city. No such regulation shall be in force until it has been

approved by the council, and until it has been published at

least twice in not more than two newspapers of the city.

Section 3805. Report of Commission.--The shade tree

commission shall annually report in full to the council, at

council's first stated meeting in October, of its transactions

and expenses for the last fiscal year of the city. The park

commission in cities wherein the park commission is authorized

to act as the shade tree commission, may incorporate such

transactions and expenses as a separate part of its regular

report to council.

Section 3806. Notices by Commission.--Whenever any shade

tree commission, or park commission, acting as a shade tree

commission, proposes to plant, transplant, or remove shade trees

on any street or sidewalk, notice of the time and place of the

meeting at which such work is to be considered shall be given in

not more than two newspapers published in the city, once a week

for two weeks immediately preceding the time of the meeting, in

20110SB0874PN0890	- 453 -

accord with the provisions of section one hundred and nine of

this act. The notice shall specify in detail the streets or

sidewalks or portions thereof upon which trees are proposed to

be so planted, replanted, or removed.]

Section 325. Section 3807 of the act, amended August 21,

1953 (P.L.1292, No.364), is repealed:

[Section 3807. Payment by Owners.--The cost of furnishing,

planting, transplanting, or removing any shade trees in or along

the streets of the city, of the necessary and suitable guards,

curbing, or grading for the protection thereof, and of the

replacing of any pavement or sidewalk necessarily disturbed in

the execution of such work, shall be paid by the owner of the

real estate in front of whose property the work is done, except

that part of such cost may be certified by the commission to

council and to the city treasurer as a charge to be paid by the

city.

The amount each owner is to pay shall be ascertained and

certified by the commission to council and to the city

treasurer.]

Section 326. Sections 3808, 3809 and 3810, Article XXXVIII

subdivision (b) heading, sections 3820 and 3821, subdivision (c)

heading and sections 3830, 3831, 3832, 3833, 3834, 3835 and 3836

of the act are repealed:

[Section 3808. Assessments; Liens.--Upon the filing of the

certificate with the council, the city clerk shall cause thirty

days' written notice to be given by mail to the persons against

whose property an assessment has been made. The notice shall

state the amount of the assessment, and the time and place of

payment, and shall be accompanied with a copy of the

certificate. The expense of the notice shall be paid by the

20110SB0874PN0890	- 454 -

city.

The amount assessed against the real estate shall be a lien

from the time of the filing of the certificate with the council,

and, if not paid within the time designated in the notice, a

claim may be filed and collected in the same manner as municipal

claims are filed and collected.

Section 3809. Maintenance by City; Tax Levy.--The cost and

expenses of caring for such trees after they have been planted

shall be paid by the city.

The needed amount shall each year be certified by the

commissioners to council in time for inclusion in the proposed

budget ordinance, and the funds provided by council shall be

drawn against, as required by the commission, in the same manner

as money appropriated for city purposes.

The city council may levy a special tax, not to exceed the

sum of one-tenth of one mill on the dollar on the assessed

valuation of the property in said city, for the purpose of

defraying the cost and expenses of caring for such shade trees

and the administrative expenses connected therewith, or it may

provide for such expenses by appropriations.

Section 3810. Penalties.--The commission, to the extent as

may be provided by ordinance of council, may assess penalties

for the violation of its regulations and of this article so far

as it relates to shade trees. Any penalty so assessed shall be a

lien upon the real estate of the offender and may be collected

as municipal claims are collected.

All penalties or assessments imposed under this article shall

be paid to the city treasurer, to be placed to the credit of the

commission, subject to be drawn upon by the commission for the

purposes authorized in this article.

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(b) Memorial Trees

Section 3820. Memorial Trees.--Council may provide for or

authorize provision for memorial trees for residents of the city

who died while in the military service of the United States or

in consequence thereof. Council may make appropriations or

accept contributions for this purpose. Such trees shall bear

some permanent indication of their purpose.

Section 3821. Penalty for Injury to Memorial Trees.--Any

person wilfully, maliciously, or negligently destroying or

injuring any trees planted pursuant to the provisions of this

subdivision (b) shall be guilty of a misdemeanor, and upon

conviction, shall be liable to a fine not exceeding five hundred

dollars, or imprisonment not exceeding three months, or both, in

the discretion of the court.

Section 3830. Acquisition of Land for Forest Purposes.--

Cities may acquire, by purchase, gift, or lease, and hold tracts

of land covered with forest or tree growth or suitable for the

growth of trees, and administer the same, under the direction of

the Department of Forests and Waters, in accordance with the

practices and principles of scientific forestry, for the benefit

of the city. Such tracts may be of any size suitable for the

purpose and may be located within or without the city limits.

Section 3831. Approval of Department of Forests and

Waters.--Before the passage of any ordinance for the acquisition

of land to be used as municipal forests, the mayor shall submit

to the Department of Forests and Waters and secure its approval

of the area and location of such land.

Section 3832. Ordinance Declaring Intention.--Whenever the

council deems it expedient to acquire any lands for the purposes

20110SB0874PN0890	- 456 -

of municipal forests, it shall so declare in an ordinance

wherein shall be set forth all facts and conditions relating to

the proposed action.

Section 3833. Appropriations of Money.--All money necessary

for the purchase of such tracts shall be appropriated in the

same manner as appropriations for city purposes, and such funds

may be provided from the current revenue or by the proceeds of a

sale of general obligation bonds in accordance with the

Municipal Borrowing Law.

Section 3834. Rules and Regulations.--Upon the acquisition

of any municipal forests or lands suitable for such, the council

shall notify the Department of Forests and Waters, which shall

make such rules for the government and proper administration of

the same as may be necessary. The council shall publish such

rules, declare the uses of the forest in accordance with the

intent of this subdivision (c) of this article, and make such

provisions for its administration, maintenance, protection and

development as shall be deemed necessary or expedient. The rules

governing the administration of such forests shall have for

their main purpose the producing of a continuing city revenue by

the sale of forest products.

Section 3835. Appropriations and Revenues.--All moneys

necessary to be expended for the administration, maintenance,

protection, and development of such forests shall be

appropriated and applied as is now done for city purposes. All

revenue and emoluments arising from such forests shall be paid

into the city treasury to be used for general city purposes.

Section 3836. Use of Forests.--Municipal forests may be used

by the public as general outing or recreation grounds subject to

the rules governing their administration as municipal forests.]

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Section 327. Section 3837 of the act, amended May 21, 1956

(1955 P.L.1639, No.548), is repealed:

[Section 3837. Ordinance of Sale; Exceptions.--Whenever the

council deems it expedient to sell any municipal forest, or part

thereof, it shall so declare in an ordinance wherein shall be

set forth all the facts and conditions relating to the proposed

action, which proposed ordinance shall be advertised once a week

for three weeks prior to its passage. No ordinance shall be

effective in legalizing such sale until it has been approved by

a majority vote of the people at the next ensuing general,

municipal or primary election: Provided, however, That the

provisions of this section shall apply only to lands acquired

for municipal forests as such, and shall not limit the power of

cities or water authorities to acquire, sell, exchange, lease,

transfer, manage or maintain lands required for the

conservation, development, utilization and disposal of water or

watersheds: And provided further, That cities or water

authorities may enter into agreements with the Department of

Forests and Waters providing for such conservation, development,

utilization and disposal of water or watersheds.

Section 328. Section 3838, Article XXXIX heading and section

3901 of the act are repealed:

[Section 3838. Appropriation for Forest Work.--Cities may

appropriate moneys to any forest protection association

cooperating in forest work with the State Department of Forests

and Waters, or to be expended in direct cooperation with said

department in forest work.

ARTICLE XXXIX

WHARVES AND DOCKS

Section 3901. Power to Erect and Maintain Wharves;

20110SB0874PN0890	- 458 -

Regulation; Charges.--Cities may erect and maintain wharves in

navigable waters within or adjacent to the city, regulate the

use thereof, fix and collect wharfage, for all public wharves,

and docks within their limits in accordance with a regular

schedule of charges, establish wharf and dock lines, and

construct and maintain docks, retaining walls, dams and

embankments. They may regulate the anchoring of all manners of

vessels within their limits and the depositing of freight on

public wharves and docks. Cities may, pursuant to ordinance,

purchase or condemn such land or other property as they may need

for the purposes of wharves and docks.]

Section 329. Section 3902 of the act, amended July 1, 1959

(P.L.501, No.127), is repealed:

[Section 3902. Erection of Market-Houses and Railway Tracks

on Wharves; Charges; Licenses.--Cities may erect and maintain

market-houses and terminal sheds or stations on their wharves,

for the receipt and distribution of freight, express, and cargo;

construct railroad and street railway tracks or other facilities

on said wharves to provide for the convenient handling of such

freight or express or cargo; and collect rents, tolls, or

charges for the use of such market-houses, terminal stations,

tracks, wharves and other facilities. Cities may enter into

contracts and agreements with any person for the use by such

person of any tracks, terminal stations, wharves or other

facilities, for such period and upon such terms as to

maintenance, upkeep and improvements, as may be mutually agreed

upon. Such cities shall, at all times, be invested with the

power and authority to adopt suitable rules and regulations

concerning the use and occupation of the tracks, terminal

stations, wharves or other facilities, by such persons and by

20110SB0874PN0890	- 459 -

the public. No such contract or agreement shall permanently

exclude the public of said cities from the use and enjoyment of

said tracks, terminal stations, wharves or other facilities, nor

shall any exclusive lease be granted for a term exceeding

twenty-five years.

No structure so erected, and no right granted under the

powers herein conferred, shall interfere with the general public

use of wharves for water-borne commerce.]

Section 330. Sections 3903, 3904 and 3905 and Article XL

heading of the act are repealed:

[Section 3903. Use of Unnecessary Wharves or Landings for

Other Municipal Purposes.--Whenever any city, by ordinance,

declares that any public landing, or public wharf, or part

thereof, fronting on any navigable water and lying within its

limits, has become unnecessary for use for public landing or

public wharf purposes, the city make take, enter upon, and

occupy for use for any other public purposes whatsoever, the

public landing, or public wharf, or part thereof, so found

unnecessary for such purposes, any limitation of use thereof by

the municipality arising from donation, dedication,

appropriation, statute, or otherwise, to the contrary

notwithstanding.

Section 3904. Appropriation of Wharves and Landings for

General Purposes.--Cities are vested with the right of eminent

domain for the purpose of appropriating, for such general public

uses, all such public landings or public wharves, or parts

thereof, so found unnecessary for such purposes, together with

any easements, property and property rights connected therewith.

Section 3905. Assessment of Damages.--All damages arising

from the exercise of the power of eminent domain hereunder shall

20110SB0874PN0890	- 460 -

be ascertained and awarded in the manner provided by this act

for property taken, injured or destroyed.

ARTICLE XL

CITY PLANNING]

Section 331. Article XLI heading of the act, amended July

29, 1971 (P.L.250, No.61), is repealed:

[ARTICLE XLI

ZONING, BUILDING, HOUSING, FIRE PREVENTION, PLUMBING

AND ELECTRICAL ORDINANCES, AND PUBLIC NUISANCES]

Section 332. Article XLI subdivision (a), (b) and (c)

headings of the act are repealed:

[(a) The Zoning Ordinances

(b) Procedure for Adoption of Zoning Ordinance

Section 333. Article XLI subdivision (d) heading and

sections 4130, 4131, 4131.1, 4132 and 4133 of the act, amended

or added December 21, 1998 (P.L.1013, No.135), are repealed:

[(d) Building, Housing, Property Maintenance,

Fire Prevention, Plumbing and Electrical Ordinances

Section 4130. Building Ordinance, Housing Ordinance,

Property Maintenance Ordinance, Fire Prevention Ordinance,

Electrical Ordinance and Plumbing Ordinance.--Each city may

enact a building ordinance, a housing ordinance, a property

maintenance ordinance, a fire prevention ordinance, an

electrical ordinance, and a plumbing ordinance, which may

provide for the following matters:

(a) A system of specifications and regulations to insure the

structural safety and the incombustibility of buildings and

housing constructed, reconstructed, altered, enlarged, repaired

or maintained within the city.

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(b) A system of specifications and regulations for the

setting out, construction, alteration, repair, maintenance,

occupation, sanitation, ventilation, lighting, electric wiring,

water supply, toilet facilities, drainage, plumbing, use and

inspection of all buildings and housing or parts of buildings

and housing, and the walls and foundations thereof, constructed,

erected, altered, designated, or used, in whole or in part, for

human habitation, and for the sanitation and inspection of land

appurtenant thereto.

Section 4131. Form of Building Ordinance, Housing Ordinance,

Property Maintenance Ordinance, Fire Prevention Ordinance, and

Plumbing Ordinance; Passage.--The building ordinance, the

housing ordinance, the property maintenance ordinance, the fire

prevention ordinance, the electrical ordinance and the plumbing

ordinance may adopt any standard or nationally recognized

building code, any standard or nationally recognized housing

code, any standard or nationally recognized property maintenance

code, any standard or nationally recognized fire prevention

code, any standard or nationally recognized electrical code, or

any standard or nationally recognized plumbing code, or any

variations or changes or parts thereof, published and printed in

book form, covering any or all of the above items, without

incorporating such code in the ordinance, or any city may enact

any such building code, housing code, property maintenance code,

fire prevention code, electrical code, or plumbing code, or any

changes or variations or parts thereof, as its building

ordinance, as its housing ordinance, as its property maintenance

ordinance, as its fire prevention code, as its electrical code

or as its plumbing code. In either event, the building ordinance

or code, the housing ordinance or code, the property maintenance

20110SB0874PN0890	- 462 -

ordinance or code, the fire prevention ordinance or code, the

electrical ordinance or code, and the plumbing ordinance or

code, or any changes or variations or parts thereof, need not be

advertised after passage, but notice of its consideration, in

reasonable detail shall be published as required by section one

thousand fourteen of this act. Not less than three copies of the

building ordinance, the housing ordinance, the property

maintenance ordinance, the fire prevention ordinance, the

electrical ordinance or the plumbing ordinance adopted by

council shall be made available to public inspection and use

during business hours for at least three months after its

adoption. The procedure herein set forth relating to the

adoption of such building ordinances, housing ordinances,

property maintenance ordinances, fire prevention ordinances,

electrical ordinances and plumbing ordinances may likewise be

adopted in amending, supplementing or repealing any of the

provisions of such ordinances.

Section 4131.1. Penalties.--(a) Except as provided for in

subsection (b), the building ordinance, the housing ordinance,

the property maintenance ordinance, the fire prevention

ordinance, the electrical ordinance and the plumbing ordinance

may provide penalties of fine not exceeding one per month on a

property and limited to no more than one thousand dollars for

the first two continual and uncorrected violations of the same

subsection of such ordinance on the same property and not

exceeding five thousand dollars for the third and any subsequent

continual and uncorrected violation of the same subsection of

such ordinance on the same property.

(b) If a violation of the building ordinance, the housing

ordinance, the property maintenance ordinance, the fire

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prevention ordinance, the electrical ordinance or the plumbing

ordinance is found to pose a threat to the public's health,

safety or property, then penalties of fine may be provided for

as follows:

(i) not exceeding one citation per five calendar days for a

continual and uncorrected violation of the same subsection of

such ordinance on the same property;

(ii) limited to no less than five hundred dollars and no

more than one thousand dollars for the first two continual and

uncorrected violations of the same subsection of such ordinance

on the same property and no less than one thousand dollars and

not exceeding ten thousand dollars for the third and any

subsequent continual and uncorrected violation of the same

subsection of such ordinance on the same property, or

imprisonment for any term not exceeding ninety days, or both.

subsection (a) or (b), a penalty may be imposed on any person

who violated such ordinance which shall include a fine of not

more than one thousand dollars, or a term of imprisonment of not

more than ninety days, or both.

Section 4132. Building Inspectors, Housing Inspectors,

Property Maintenance Inspectors, Fire Prevention Inspectors,

Electrical Inspectors, and Plumbing Inspectors.--Council may

appoint building inspectors, housing inspectors, property

maintenance inspectors, fire prevention inspectors, electrical

inspectors and plumbing inspectors and fix their compensation.

Such inspectors shall have the right to enter upon and inspect

any and all premises at all reasonable hours for the

administration and enforcement of the building ordinance, the

housing ordinance, the property maintenance ordinance, the fire

20110SB0874PN0890	- 464 -

prevention ordinance, the electrical ordinance and the plumbing

ordinance. Any fees payable to them under the building

ordinance, the housing ordinance, the property maintenance

ordinance, the fire prevention ordinance, the electrical

ordinance and the plumbing ordinance shall be paid by them to

the city treasurer for the use of the city as promptly as may

be.

Section 4133. Actions to Restrain Violations.--The city may,

in addition to the penalties provided by its building ordinance,

its housing ordinance, its property maintenance ordinance, its

fire prevention ordinance, its electrical ordinance and its

plumbing ordinance, bring actions at law or in equity to prevent

or restrain, correct or abate any violations of its building

ordinance, its housing ordinance, its property maintenance

ordinance, its fire prevention ordinance, its electrical

ordinance and its plumbing ordinance.]

Section 334. Article XLI subdivision (e) heading and

sections 4140, 4141, 4142 and 4143 of the act are repealed:

[(e) Abatement of Public Nuisances

Section 4140. Petition for Removal of Public Nuisances;

Viewers; Vacating Public Alleys, Lanes or Passageways, Declared

Public Nuisances by Board of Health.--The council of any city

may, by resolution, authorize and empower the mayor of such city

to present a petition to the court of common pleas, setting

forth that any property, building, premises, business or

occupation, specifying the same fully and describing the same

accurately, located within said city has become a public

nuisance, injurious or dangerous to the community and to the

public health. Upon the presentation and hearing of such

petition, if the nuisance complained of be not a public

20110SB0874PN0890	- 465 -

nuisance, per se, then the court may appoint three viewers, from

the county board of viewers, to go upon the premises where said

nuisance is alleged to exist--at a time to be fixed in the order

appointing the same, of which time due notice shall be given to

all persons affected, which shall be not less than twenty nor

more than thirty days from the date of the order making such

appointment--and shall thereupon, being first duly sworn, view

the property, premises, building, business or occupation, shall

hear the parties, their witnesses and counsel, and shall make

due report thereof to the court appointing them. In any case

where the board of health shall have declared any public alley,

lane or passageway or a part thereof to be a public nuisance,

any two or more owners of property adjacent or abutting thereof

may petition council that such public alley, lane or passageway

or part thereof be vacated in accordance with the procedure

provided in this subdivision for the abatement of public

nuisances; except that the viewers shall not question the

finding of the board of health, but shall determine whether or

not the said alley, lane or passageway or part thereof should be

vacated. Council may, with or without the aforesaid petition,

proceed for the vacating of any such public alley, lane or

passageway or part thereof, except that in no case shall any

such alley, lane or passageway be vacated in such a way or to

such an extent as to deprive any lot abutting thereon of its

sole means of ingress and egress; nor shall any alley, lane or

passageway created by grant or contract and not therefore

accepted by the public be vacated.

Section 4141. Power to Viewers.--The viewers, appointed as

aforesaid, may:

First. Determine whether or not the property, premises,

20110SB0874PN0890	- 466 -

building, business or occupation is a public nuisance, and, if

they shall find it is such a nuisance, shall so return in their

award; and

Second. Find what, if any, compensation shall be paid by the

said city to the owner or owners of said property, premises,

building, business or occupation for the abatement of the same,

and if the findings of the said viewers be in favor of the said

city and direct the abatement of said nuisance, then judgment

shall be entered upon their award within thirty days after the

same is filed, unless the said award be appealed from or

exceptions thereto be filed within thirty days. No execution or

other process for the collection of any sum of money awarded to

any person or persons, corporation or corporations, as

compensation for the abatement of any such nuisance, shall issue

until the said nuisance has been fully and completely abated,

and return thereof made to the court.

Section 4142. Appeals.--Any of the parties interested in any

proceedings provided by the preceding two sections may appeal to

the court of common pleas within thirty days from the date of

filing an award; such appeal to be in the same form as now

governs appeals from the awards of viewers appointed pursuant to

this act to assess damages for property taken, injured or

destroyed, the party appealing to pay the costs incurred and to

give bond, with one surety, for the payment of all costs which

may thereafter be incurred. Upon such appeal being perfected,

the court shall frame an issue, which issue shall be placed at

the head of the next trial list then open, and shall be tried by

the court and jury in the same manner as feigned issues are now

tried. Upon such trial the jury shall have power to find the

same facts as are provided may be found by the viewers. If the

20110SB0874PN0890	- 467 -

jury shall find in favor of the city and award any compensation

to the owner or owners of said property, premises, buildings,

business or occupation, judgment shall be entered upon the

verdict. No execution or other process for the collection of

such judgment shall issue until the nuisance complained of shall

have been fully and completely abated, and return thereof made

to the court; upon which the court shall have the power to award

execution or other process necessary to enforce the collection

of the judgment.

Section 4143. Abatement of Public Nuisance after Award of

Viewers.--Whenever the award of viewers, or the verdict of a

jury, shall find that a public nuisance exists, and the owner or

owners of any property, premises, building, business or

occupation causing the same shall fail to abate the same within

sixty days from the date of the judgment, the authorities of

said city shall have full power and authority to enter upon said

property, premises or building where said nuisance exists and

abate the same, and shall not be liable in any form of action

for so doing. The cost and expense of abating the same shall be

deducted from any compensation awarded in said proceedings.]

Section 335. The act is amended by adding an article to

read:

ARTICLE XLI-A

UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,

AND RESERVED POWERS

Section 4101-A. Primacy of Certain Codes.--(a) The

Pennsylvania Construction Code Act and the Uniform Construction

Code adopted under section 301 of the Pennsylvania Construction

Code Act shall apply to the construction, alteration, repair and

occupancy of all buildings and structures within a city that are

20110SB0874PN0890	- 468 -

used or intended for supporting or sheltering any occupancy.

(b) This article and any ordinance, rule, or regulation

adopted pursuant to this article shall not supersede or abrogate

the Pennsylvania Construction Code Act or the Uniform

Construction Code and shall be construed and read in pari

materia with them.

Section 4102-A. Changes in Uniform Construction Code.--A

city may propose and enact an ordinance to equal or exceed the

minimum requirements of the Uniform Construction Code in

accordance with section 503 of the Pennsylvania Construction

Code Act.

Section 4103-A. Public Nuisance.--Any building, housing or

property, or part thereof erected, altered, extended,

reconstructed, removed or maintained, contrary to any of the

provisions of any ordinance enacted for any of the purposes

specified in this article may be reported, in accordance with

Article XXVII-A, to the department designated to determine

whether a public nuisance exists and, if a public nuisance is

determined to exist, it may be abated in accordance with that

article.

Section 4104-A. Property Maintenance Code.--(a)

Notwithstanding the primacy of the Uniform Construction Code, a

city may enact a property maintenance ordinance, including any

standard or nationally recognized property maintenance code or

any changes or variations or parts thereof, and it may, by

reference, in accordance with section 1018.13, incorporate any

standard or nationally recognized property maintenance code, or

any variations or changes or parts thereof, published and

printed in book form, without setting forth the text of the code

in the ordinance.

20110SB0874PN0890	- 469 -

(b) The full text of the property maintenance code need not

be published but, in accordance with section 1018.9, it shall be

sufficient to publish the title of the ordinance and a reference

to a place within the city where copies of the proposed

ordinance may be examined. Not fewer than three copies of the

proposed property maintenance code, or portion thereof, or

amendment thereto shall be made available to public inspection

and use during business hours or a copy may be made available to

any interested party at the cost thereof, or may be furnished or

loaned without charge.

fines and penalties not exceeding one thousand dollars or

imprisonment for any term not exceeding ninety days, or both,

for violations thereof. The procedure herein set forth relating

to the enactment of such ordinances may likewise be utilized in

amending, supplementing or repealing any of the provisions of

such ordinances.

(d) Council may appoint property maintenance inspectors who

shall have the right to, subject to constitutional standards in

a similar manner as provided in section 2308, enter upon and

inspect any and all premises at all reasonable hours for the

administration and enforcement of the city's property

maintenance code or ordinance incorporating a standard or

nationally recognized property maintenance code. Any fees

payable to a property maintenance inspector under the ordinance

shall be paid by the property maintenance inspector to the city

treasurer for the use of the city as promptly as may be.

(e) In addition to the penalties provided by the property

maintenance ordinance, the city may institute appropriate

actions or proceedings at law or in equity to prevent or

20110SB0874PN0890	- 470 -

restrain property maintenance violations.

(f) The powers of a city as provided in this section shall

be in addition to, but not limited to, the powers provided in

the act of November 26, 2008 (P.L.1672, No.135), known as the

"Abandoned and Blighted Property Conservatorship Act," and 53

Pa.C.S. Ch. 61 (relating to neighborhood blight reclamation and

revitalization).

Section 4105-A. Reserved Powers.--(a) Nothing in this

article shall be construed as limiting or restricting the police

power that a city is authorized to exercise in conformity with

the Pennsylvania Construction Code Act and the Uniform

Construction Code. To the extent that the Uniform Construction

Code or any replacement code remains applicable to cities, the

powers set forth in subsection (b) may be exercised by cites

only to the extent that those powers are not prohibited by or

inconsistent with the Pennsylvania Construction Code Act or the

Uniform Construction Code.

(b) If, as a result of legislative action or otherwise, the

Uniform Construction Code or any replacement code is no longer

made applicable to cities, the following powers are preserved

and may be exercised by a city:

(1) A city may enact and enforce ordinances to govern and

regulate the construction, reconstruction, alteration,

extension, repair, conversion, maintenance, occupation,

sanitation, ventilation, heating, egress, lighting, electric

wiring, water supply, toilet facilities, drainage, plumbing,

fire prevention, fireproofing including prescribing limitations

wherein only buildings of noncombustible material and

fireproofed roofs are used in construction, erection, or

substantial reconstruction, use and inspection of all buildings

20110SB0874PN0890	- 471 -

and housing or parts of buildings and housing, and the roofs,

walls and foundations thereof, and all facilities and services

in or about such buildings or housing constructed, erected,

altered, designed, or used, in whole or in part, for any use or

occupancy, and the sanitation and inspection of land appurtenant

thereto. Such codes may be combined or separately enacted or

combined with the property maintenance code.

(2) A city may require that before any work of construction,

reconstruction, alteration, extension, repair, or conversion of

any building is begun, approval of the plans and specifications

be secured.

(3) A city may incorporate any standard or nationally

recognized code, or any variations or changes or parts thereof,

published and printed in book form, without incorporating the

text of such code as provided in subdivision (a.1) of Article X.

The ordinances may provide for fines and penalties not exceeding

one thousand dollars or imprisonment for any term not exceeding

ninety days, or both, for violations thereof. The procedure

herein set forth relating to the enactment of such ordinances

may likewise be utilized in amending, supplementing or repealing

any of the provisions of ordinances that incorporate any

standard or nationally recognized code, or any variations or

changes or parts thereof.

(4) Council may appoint building inspectors, housing

inspectors, property maintenance inspectors, fire prevention

inspectors, electrical inspectors and plumbing inspectors and

fix their compensation. Such inspectors shall have the right to,

subject to constitutional standards in a similar manner as

provided in section 2308, enter upon and inspect any and all

premises at all reasonable hours for the administration and

20110SB0874PN0890	- 472 -

enforcement of the city’s enacted codes or ordinances

incorporating standard or nationally recognized codes. Any fees

payable to an inspector under the ordinances shall be paid by

the inspector to the city treasurer for the use of the city as

promptly as may be.

(5) In addition to the penalties provided by ordinances, the

city may institute appropriate actions or proceedings at law or

in equity to prevent or restrain the unlawful construction,

reconstruction, alteration, extension, repair, conversion,

maintenance or use or occupation of property located within the

city, to restrain, correct or abate the violation and to prevent

the use or occupancy of the building, housing or structure.

Section 336. Article XLII heading of the act is reenacted to

read:

ARTICLE XLII

AERONAUTICS

Section 337. Section 4201 of the act is amended to read:

Section 4201. Power to Acquire Land for Aeronautical

Purposes; Maintenance of Municipal Airports[, Etc.--With the

approval of the Pennsylvania Aeronautics Commission, a].--A city

may establish and maintain a municipal airport and may acquire,

by lease, purchase or condemnation proceedings, subject to the

limitations in 26 Pa.C.S. § 206 (relating to extraterritorial

takings), any land lying either within or without the

territorial limits of the city, and within or without the

territorial limits of the county in which [such] the city is

located, which, in the judgment of council, may be necessary and

desirable for the purpose of establishing and maintaining

municipal airports, landing fields, aviation easements or

intermediate landing fields and other air navigation facilities.

20110SB0874PN0890	- 473 -

Section 339. Section 4202 of the act is repealed:

[Section 4202. Proceedings for Condemnation.--The

proceedings for the condemnation of lands under the provisions

of this article, and for the assessment of damages for property

taken, injured or destroyed, shall be conducted in the manner

provided by this act in the case of property taken, injured or

destroyed. The title acquired by the city exercising the power

to condemnation shall be a title in fee-simple.]

Section 339. Sections 4203, 4204 and 4205 of the act are

amended to read:

Section 4203. Leasing of Land Acquired for Aeronautical

Purposes.--Any city acquiring land for any aeronautical purposes

may lease the same, or part thereof to any individual or

corporation desiring to use the same for [the purpose of taking

off or landing an aeroplane, or for other aeronautical purposes,

on such terms and subject to such conditions and regulations as

may be provided. Any such city may enter into a contract, in the

form of a lease, providing for the use of said land, or any part

thereof, by the Government of the United States for air mail

delivery, or other aeronautical purposes, upon nominal rental or

without consideration] aeronautical purposes.

Section 4204. Operation of Facilities Jointly.--Any city may

operate and maintain municipal airports, landing fields or

intermediate landing fields and other air navigation facilities

jointly in accordance with [any other political subdivision or

with the Pennsylvania Aeronautics Commission, upon such terms

and conditions as may be agreed upon between the council and the

corporate authorities of the other contracting party or parties]

53 Pa.C.S. Ch.23 Subch. A (relating to intergovernmental

cooperation).

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Section 4205. Appropriation for Support of Air Navigation

Facilities.--A city which does not own, lease, or operate

municipal airports, landing fields or intermediate landing

fields or other air navigation facilities[,] may appropriate

money for the support and maintenance of any such facilities,

situate either within or without the boundaries of the city, or

of the county or counties in which [such] the city is located.

Section 340. Article XLIII and subdivision (a) headings of

the act are reenacted to read:

ARTICLE XLIII

PENSIONS

(a) Police

Section 341. Section 4301 of the act, amended December 12,

1994 (P.L.1033, No.140), is amended to read:

Section 4301. Police Pension Fund[; Direction of].--(a)

Cities shall establish, by ordinance, a police pension fund[, to

be].

(b) The following shall apply to a police pension fund

established pursuant to this section:

(1) The fund shall be maintained by an equal and

proportionate monthly charge against each member of the police

force, which shall not exceed annually four per centum of the

pay of [such] the member and an additional amount not to exceed

one per centum of the pay of [such] the member to be paid by

[such] the member or the municipal corporation to provide

sufficient funds for payments required by subsection [(d) of

section 4303] (f) of section 4303 to surviving spouses even if

they remarry, or if no spouse survives or if such person

survives and subsequently dies, then to the child or children

under the age of eighteen years, of members of the police force

20110SB0874PN0890	- 475 -

or of members retired on pension or who die in service[; which].

(2) The fund shall at all times be under the direction and

control of council but may be committed to the custody and

management of such officers of the city or [citizens thereof, or

corporations located therein] to such other persons or entities,

as may be designated by council[, and] by ordinance.

(3) The fund shall be applied, under such regulations as

council may, by ordinance, prescribe, for the benefit of such

members of the police force as shall receive honorable discharge

therefrom by reason of age or disability, surviving spouses even

if they remarry, or if no spouse survives or if such person

survives and subsequently dies, then to the child or children

under the age of eighteen years, of members of the police force

or of members retired on pension[; but such allowances as shall

be].

(4) Allowances made to those who are retired by reason of

the disabilities of age shall be in conformity with a uniform

scale, together with service increments as hereinafter provided.

(5) Any compensation paid to a corporate custodian of the

police pension fund shall be paid from the general fund of the

city.

Section 342. Section 4302 of the act, amended November 25,

1970 (P.L.754, No.246), is amended to read:

Section 4302. Retirement; Final Discharge.--[Such ordinance

shall prescribe a] (a) With regard to continuous service and

minimum retirement age requirements, the ordinance establishing

the police pension fund shall prescribe as follows:

(1) A minimum period of continuous service[,] of not less

than twenty years[, and, when].

(2) If any minimum retirement age is prescribed, a minimum

20110SB0874PN0890	- 476 -

age of fifty years[, after which members of the force may retire

from active duty, and such members as are retired].

(b) Retired members, if not unfit by reason of age,

disability or otherwise, shall be subject to service[, from time

to time,] as a police reserve [until unfitted for such service,

when they may be finally retired by reason of age or disability]

under terms and conditions as may be established by council.

pension fund who is a contributor and who served in the armed

forces of the United States subsequent to September 1, 1940, and

who was not a member of the police pension fund prior to such

military service, shall be entitled to have full credit for each

year or fraction thereof, not to exceed five years of such

service upon [his] the member's payment to the police pension

fund of an amount equal to that which [he] the member would have

paid had he or she been a member during the period for which [he

desires] credit is desired, and his or her payment to [such] the

fund of an additional amount as the equivalent of the

contributions of the city on account of such military service.

Section 343. Section 4302.1 of the act, added December 17,

1990 (P.L.715, No.178), is amended to read:

Section 4302.1. Limited Vested Benefit.--(a) The ordinance

establishing a police pension fund may provide for a limited

vested benefit if such would conform to section 305 of the act

of December 18, 1984 (P.L.1005, No.205), known as the "Municipal

Pension Plan Funding Standard and Recovery Act."

(b) Under [the provisions of the benefit, should] a limited

vested benefit, a member of the police pension fund, [before

completing] who has not completed the minimum [age and minimum]

period of continuous service [requirements but after having]

20110SB0874PN0890	- 477 -

requirement and satisfied any applicable minimum age

requirement, but who has completed twelve years of full-time

service, [the member] shall be entitled to vest his or her

retirement benefits subject to each of the following conditions:

(1) [the] The member must file with the management board of

the police pension fund a written notice of his or her intention

to vest[;].

(2) [the] The member must include in the notice, the date

the member intends to terminate his or her service as a full-

time police officer[;].

(3) [the] The termination date shall be at least thirty days

later than the date of notice to vest[;].

(4) [the] The member must be in good standing with the

police department on the date of notice to vest[; and].

(5) [the] The board shall indicate on the notice to vest the

rate of the monthly pay of the member as of the date of said

notice to vest or the highest average annual salary which the

member received during any five years of service preceding said

date, whichever is the higher.

[(b)] (c) Upon reaching the date which would have been the

member's retirement date had the member continued his or her

full-time employment with the police department, the member

shall notify the board, in writing, that the member desires to

collect his or her pension. The amount of retirement benefits

the member is entitled to receive under this section shall be

computed as follows:

(1) [the] The initial determination of the member's base

retirement benefits shall be computed on the salary indicated on

the notice to vest[; and].

(2) [the] The portion of the base retirement benefits due

20110SB0874PN0890	- 478 -

the member shall be determined by applying to the base amount

the percentage that his or her years of service actually

rendered bears to the years of service which would have been

rendered had the member continued to be employed by the

department until his or her minimum retirement date.

Section 344. Section 4303 of the act, amended or added

January 18, 1952 (1951 P.L.2105, No.596), October 22, 1955

(P.L.723, No.207), November 25, 1970 (P.L.754, No.246), October

4, 1978 (P.L.950, No.188), December 17, 1990 (P.L.715, No.178),

December 12, 1994 (P.L.1033, No.140) and June 19, 2002 (P.L.442,

No.65), is amended to read:

Section 4303. Allowances and Service Increments.--(a)

Payments for allowances shall [not] only be a charge on the

police pension fund and shall not be a charge on any other fund

under the control, or in the treasury, of the city [or under its

control save the police pension fund herein provided for].

(b) The basis of the apportionment of the pension shall be

determined by the rate of the monthly pay of the member at the

date of injury, death, honorable discharge, vesting under

section 4302.1 or retirement, or the highest average annual

salary which the member received during any five years of

service preceding injury, death, honorable discharge, vesting

under section 4302.1 or retirement, whichever is the higher, and

except as to service increments provided for in subsection [(b)

of this section] (d), shall not in any case exceed in any year

one-half the annual pay of [such] the member computed at [such]

the monthly or average annual rate, whichever is the higher.

[(a.1)] (c) The provisions of subsection [(a)] (b) providing

that the apportionment of the pension shall not in any case

exceed in any year one-half the annual pay of [such] the member

20110SB0874PN0890	- 479 -

computed at [such] the monthly or average annual rate, whichever

is the higher, shall not apply to a city of the third class

whether operating under an optional charter adopted in

accordance with the act of July 15, 1957 (P.L.901, No.399),

known as the "Optional Third Class City Charter Law," or under a

home rule charter adopted in accordance with 53 Pa.C.S. Pt. III

Subpt. E (relating to home rule and optional plan government),

which had in effect pension plans prior to the effective date of

this subsection that provided pensions in an amount greater than

fifty per centum of salary.

[(b)] (d) In addition to the retirement allowance which is

authorized to be paid from the police pension fund by this act,

and notwithstanding the limitations therein placed upon such

retirement allowances and upon contributions, every contributor

who shall become entitled to the retirement allowance shall also

be entitled to the payment of a "service increment" in

accordance with and subject to the conditions hereinafter set

forth.

(1) Service increment shall be the sum obtained by computing

the number of whole years after having served the minimum

required by this act during which a contributor has been

employed by [such] the city and paid out of the city treasury,

including credit for military service as provided in section

4302, and multiplying the said number of years so computed by an

amount equal to one-fortieth of the retirement allowance which

has become payable to [such] the contributor in accordance with

the provisions of this act. In computing the service increment,

no employment after the contributor has reached the age of

sixty-five years shall be included, and no service increment

shall be paid in excess of one hundred dollars ($100.00) per

20110SB0874PN0890	- 480 -

month.

(2) Each contributor, from and after [the effective date of

this amendment] January 1, 1952, shall pay into the retirement

fund a monthly sum in addition to his or her retirement

contribution, which shall be equal to one-half of one per centum

of his or her salary[: Provided, That such], provided, however,

that the payment shall not exceed the sum of one dollar ($1.00)

per month[: And provided, That such], and further provided that

the service increment contribution shall not be paid after a

contributor has reached the age of sixty-five years.

(3) Persons who are contributors on the effective date of

this amendment who have already reached the age of sixty-five

years shall have his or her service increment computed on the

years of employment prior to the date of reaching his or her

sixty-fifth birthday.

(4) Service increment contributions shall be paid at the

same time and in the same manner as retirement contributions,

and may be withdrawn in full, without interest, by persons who

leave the employment of [such] the city, subject to the same

conditions by which retirement contributions may be withdrawn,

or by persons who retire before becoming entitled to any service

increment.

(5) All members of the police force who are now contributors

to the retirement fund and all those employed by the city after

the effective date of this amendment, if required to become

contributors to the retirement fund, shall be subject to the

provisions of this act.

(6) After [the effective date of this clause] June 19, 2002,

a city may agree to make service increment payments in excess of

one hundred dollars ($100) per month as long as [such] the

20110SB0874PN0890	- 481 -

payments do not exceed five hundred dollars ($500) per month,

and, in computing such service increments, no employment after

the contributor has reached the age of sixty-five years shall be

included[: Provided, That], provided that any agreement to

provide an increase in service increment payments shall include

a proportionate increase in the amount each contributor shall

pay into the retirement fund under clause (2), not to exceed

five dollars ($5) per month.

[(c)] (e) The spouse of a member of the police force or a

member who retires on pension who dies or if no spouse survives

or if such person survives and subsequently dies or remarries,

then the child or children under the age of eighteen years of a

member of the police force or a member who retires on pension

who dies on or after [the effective date of this amendment]

August 1, 1963, shall, during the lifetime of the surviving

spouse, even if the surviving spouse remarries, or until

reaching the age of eighteen years in the case of a child or

children, be entitled to receive a pension calculated at the

rate of fifty per centum of the pension the member was receiving

or would have been receiving had [he] the member been retired at

the time of his or her death and may receive the pension the

member was receiving or would have been receiving had [he] the

member been retired at the time of his or her death.

[(d)] (f) Any police officer who has less than ten years of

service and who dies or is totally disabled due to injuries or

mental incapacities not in line of duty and is unable to perform

the duties of a police officer, may be entitled to a pension of

twenty-five per centum of [his] the police officer's annual

compensation. For death or injuries received after ten years of

service the compensation may be fifty per centum of [his] the

20110SB0874PN0890	- 482 -

police officer's annual compensation.

(g) The disability pension may be payable to the police

officer during his or her lifetime and if [he shall die] the

police officer dies, the pension payment that [he] the police

officer was receiving may be continued to be paid to his or her

spouse if [such person] the spouse survives or if [such person]

the spouse subsequently dies or remarries, then the child or

children under the age of eighteen years of the police officer.

Section 345. Section 4303.1 of the act, amended June 30,

1969 (P.L.98, No.36), is amended to read:

Section 4303.1. Increase of Allowances After Retirement.--

(a) Any city may, at any time, at its discretion, upon the

recommendation of the persons having custody and management of

the police pension fund, increase the allowances of persons

receiving allowances of any kind from the police pension fund by

reason of and after the termination of the services of any

member of said fund. [Such increases]

(b) Increases made pursuant to this section shall be in

conformity with a uniform scale, which may be based on the cost

of living, but the total of any such allowances shall not at any

time exceed one-half of the current salary being paid

[patrolmen] patrol persons of the highest pay grade.

Section 346. Section 4303.2 of the act, added October 3,

1988 (P.L.735, No.104), is amended to read:

Section 4303.2. Total Disability.--(a) Notwithstanding any

provision of this act, any police officer who becomes totally

disabled due to injuries sustained in the line of duty shall be

deemed to be fully vested in the police pension fund, regardless

of the actual number of years of credited service, and shall be

eligible for immediate retirement benefits.

20110SB0874PN0890	- 483 -

(b) Claims under this section shall be decided by the

governing body of the city. Proof of disability shall be by

competent medical evidence provided by the claimant. The

governing body of the city may at any time have the claimant

examined by its own physician.

regulations of the city council prescribe. Hearings and appeals

shall be as provided in Title 2 of the Pennsylvania Consolidated

Statutes (relating to administrative law and procedure).

(d) The pension fund shall be subrogated to the right of the

claimant to the extent of any payments made under the act of

June 2, 1915 (P.L.736, No.338), known as ["The Pennsylvania

Workmen's Compensation Act,"] the "Workers' Compensation Act,"

or the act of June 28, 1935 (P.L.477, No.193), referred to as

the Enforcement Officer Disability Benefits Law.

(e) Definition.--As used in this section, "total disability"

shall mean permanent mental or physical impairment which renders

the police officer unable to perform his or her duties.

Section 347. Section 4304 of the act is amended to read:

Section 4304. Inalienable Rights in Fund.--Whenever any

person shall become entitled to receive an allowance from the

police pension fund, and shall have been admitted to participate

therein, [he] the person shall not be deprived of his or her

right to an equal and proportionate participation therein [upon]

on the basis upon which he or she first became entitled thereto.

Section 348. Section 4305 of the act, amended October 4,

1978 (P.L.950, No.188), is amended to read:

Section 4305. Payments to Police Pension [Funds by City.--

There] Fund by City.--Unless otherwise required by the act of

December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal

20110SB0874PN0890	- 484 -

Pension Plan Funding Standard and Recovery Act," or by any other

provision of law, this section shall govern the payment to the

police pension fund of moneys raised by taxes levied by the

city:

(1) A city shall [be paid] pay annually to the [organization

or association, constituting and having in charge the

distribution of police pension funds in every city] police

pension fund, a sum of money sufficient to meet the requirements

of and to maintain [such police pension] the fund which sum in

no year shall be less than one-half of one per centum nor more

than three per centum of all city taxes levied by the city,

other than taxes levied to pay interest on or extinguish the

debt of the city [or any part thereof].

(2) Council may exceed the limitations imposed by this

section if an additional amount is deemed necessary to provide

sufficient funds for payments to surviving spouses of members

retired on pension or killed or who die in the service[:

Provided, however, That], provided, however, that the city may

annually pay into [said] the fund not less than one-half of one

per centum of all city taxes levied by the city, other than

taxes levied to pay interest on or extinguish the debt of the

city [or any part thereof].

Section 349. Sections 4306 and 4307 of the act are amended

to read:

Section 4306. [Designation of Organization to Manage Pension

Fund.--The organization, having in charge the distribution of

police pension funds, herein mentioned, shall consist only of

such as is by ordinance designated as the official and

authorized organization or association to hold, receive, and

distribute the funds of moneys for the purpose of pensioning the

20110SB0874PN0890	- 485 -

police officers of the city.] Management of Police Pension

Fund.--Only the persons designated, in accordance with section

4301(b)(2), shall be authorized to make decisions to hold,

receive and distribute the moneys of the police pension fund.

Section 4307. Trusts for Benefit of Police Pension Fund.--

Any city may take, by gift, grant, devise or bequest, any money

or property, real, personal or mixed, in trust for the benefit

of [such] the pension fund, and the care, management, investment

and disposal of [such] the trust funds or property shall be

vested in such officer or officers of the city, for the time

being, as the council may designate, and [such] the care,

management and disposal shall likewise be directed by ordinance

and the [said] trust funds shall be governed thereby, subject to

such directions, not inconsistent therewith, as the donors of

[such] the funds and property may prescribe.

Section 350. Section 4308 of the act, amended October 4,

1978 (P.L.950, No.188), is amended to read:

Section 4308. Repayment Before Retirement.--[If for any

cause any] (a) If a contributing member of the police [force

contributing to the] pension fund shall cease to be a member of

the police force before [he becomes] becoming entitled to a

pension, the total amount of the contributions paid into the

pension fund by [such] the member shall be refunded to him or

her in full, without interest.

(b) If [any such] a member shall have returned to him or her

the amount contributed, and shall afterward again become a

member of the police force, [he] the member shall not be

entitled to the pension designated until twenty years after his

or her reemployment, unless [he shall return] the member returns

to the pension fund the amount withdrawn, in which event the

20110SB0874PN0890	- 486 -

period of twenty years shall be computed from the time the

member first became a member of the police force, excluding

therefrom any period of time during which the member was not

employed by the police force.

force not in the line of service before the member becomes

entitled to [the pension aforesaid and such] a pension and if

the member is not survived by a spouse or family entitled to

payments as [hereinbefore] provided in this subdivision, the

total amount of contributions paid into the pension fund by the

member shall be paid over to his or her estate.

Section 351. Section 4309 of the act, added December 17,

1990 (P.L.715, No.178), is amended to read:

Section 4309. Definitions.--As used in this subdivision, the

term "salary" is defined as the fixed amount of compensation

paid at regular, periodic intervals by the city to the member

and from which pension contributions have been deducted.

Section 352. Article XLIII subdivision (b) heading of the

act is amended to read:

(b) [Firemen] Firefighters

Section 353. Section 4320 of the act, amended October 4,

1978 (P.L.950, No.188), is amended to read:

Section 4320. [Firemen's] Firefighters' Pension Fund;

Management; Annuity Contracts.--(a) Except as hereinafter

provided, cities shall provide annuity contracts or establish,

by ordinance, a [firemen's] firefighters' pension fund[, to].

(b) The annuity contracts or pension fund shall be

maintained in part by an equal and proportionate monthly charge

against each member of the fire department, which shall not

exceed annually four per centum of the pay of such member, and

20110SB0874PN0890	- 487 -

an additional amount not to exceed one per centum if deemed

necessary by the council to provide sufficient funds for

payments to surviving spouses of members retired on pension or

killed or who die in the service.

organization or association for the benefit of fully paid

[firemen] firefighters, constituting and having in charge the

distribution of [firemen's] firefighters' pension funds, no

annuity contract shall be provided, nor shall any [firemen's]

firefighters' pension funds be established under the provisions

of this section unless and until the members of such

organization or association, by a two-thirds vote, elect to

transfer said existing fund into the pension fund required to be

established by this section.

(d) All pension funds established under the provisions of

this section shall be under the direction and control of a board

of managers [consisting of the mayor], which shall consist of

the following:

(1) Ex officio members as follows:

(i) the city administrator, if one has been appointed, or

the mayor if no city administrator has been appointed;

(ii) the director of accounts and finance[,];

(iii) the director of the department having charge of the

fire department, or in cities where no city administrator has

been appointed and the mayor is also the director of the

department having charge[,] of the fire department, then the

director of public safety[,];

(iv) the city controller; and

(v) the chief of the bureau of fire[, ex officio, and two].

(2) Two members of the fire department to be chosen by the

20110SB0874PN0890	- 488 -

members of the fire department.

(e) If a city does not establish a department whose director

is named as an ex officio member of the board of managers, then

the director of another department or such officers of the city

as may be designated by council shall be substituted on the

board of managers.

(f) Of the first [managers] members so chosen by the members

of the fire department to the board of managers, one shall be

chosen for a term of two years and one for a term of four years.

Biennially thereafter one [manager] fire department member shall

be chosen for a term of four years to take the place of the one

whose term expires. In case of vacancy among the managers chosen

by the fire department, a successor shall be chosen for the

unexpired term.

(g) The fund shall be applied, under [such] regulations [as]

prescribed by the board of managers [shall prescribe], for the

benefit of such members of the fire department [as shall] who

receive honorable discharge therefrom by reason of service or

age or disability, surviving spouses of retired members and the

families of [such as may be] members who are killed or who die

in the service. All [such] pensions [as shall be allowed] to

those who are retired by reason of [the disabilities or of]

disability or service or age shall be in conformity with a

uniform scale, together with service increments as hereinafter

provided. Benefits [allowed] from [such] the fund to families of

[such as] members who are killed or who die in service shall

take into consideration the member's surviving spouse and his or

her minor children under eighteen years of age, if any survive.

Section 354. Section 4320.1 of the act, added June 16, 1993

(P.L.97, No.21), is amended to read:

20110SB0874PN0890	- 489 -

Section 4320.1. Limited Vested Benefit for Firefighters.--

(a) The ordinance establishing a firefighters' pension fund may

provide for a limited vested benefit if [such] it would conform

to section 305 of the act of December 18, 1984 (P.L.1005,

No.205), known as the "Municipal Pension Plan Funding Standard

and Recovery Act."

(a.1) Under [the provisions of the] a limited vested

benefit, [should] if a member of the firefighters' pension fund

[before completing the minimum age and] has not completed the

minimum period of continuous service [requirements but after

having] and any applicable minimum age requirement but has

completed twelve years of full-time service, and if, for any

reason, shall cease to be employed as a full-time firefighter,

the member shall be entitled to vest his or her retirement

benefits subject to the following conditions:

(1) [the] The member must file with the management board of

the firefighters' pension fund a written notice of his or her

intention to vest[;].

(2) [the] The member must include in the notice the date the

member intends to terminate his or her service as a full-time

firefighter[;].

(3) [the] The termination date shall be at least thirty days

later than the date of notice to vest[;].

(4) [the] The member must be in good standing with the fire

department on the date of notice to vest[; and].

(5) [the] The board shall indicate on the notice to vest the

rate of the monthly pay of the member as of the date of the

notice to vest or the highest average annual salary which the

member received during any five years of service preceding the

date, whichever is the higher.

20110SB0874PN0890	- 490 -

(b) Upon reaching the date which would have been the

member's retirement date had the member continued his or her

full-time employment with the fire department, the member shall

notify the board in writing that the member desires to collect

his or her pension. The amount of retirement benefits the member

is entitled to receive under this section shall be computed as

follows:

(1) [the] The initial determination of the member's base

retirement benefits shall be computed on the salary indicated on

the notice to vest[; and].

(2) [the] The portion of the base retirement benefits due

the member shall be determined by applying to the base amount

the percentage that his or her years of service actually

rendered bears to the years of service which would have been

rendered had the member continued to be employed by the

department until his or her minimum retirement date.

Section 355. Section 4321 of the act, amended July 1, 1992

(P.L.347, No.74), is amended to read:

Section 4321. Retirement; Final Discharge.--[Such

regulations shall prescribe a] (a) With regard to continuous

service and minimum age requirements, the ordinance establishing

or regulations governing the firefighters' pension fund shall

prescribe as follows:

(1) A minimum period of continuous service[,] of not less

than twenty years [and, when].

(2) If any minimum age is prescribed, a minimum age of fifty

years[, after which members of the department may retire on

pension from active duty, and such members as are retired].

(b) Retired members, if not unfit by reason of age,

disability or otherwise shall be subject to service, from time

20110SB0874PN0890	- 491 -

to time, as a [firemen's] firefighters' reserve in cases of

emergency [until unfitted for such service, when they may be

finally discharged by reason of age or disability], under terms

and conditions as my be established by council.

[firemen's] firefighters' pension fund who are contributors and

who served in the armed forces of the United States subsequent

to September 1, 1940, and who were not members of the

[firemen's] firefighters' pension fund prior to such military

service, shall be entitled to have full credit for each year or

fraction thereof, not to exceed five years of such service upon

their payment to the [firemen's] firefighters' pension fund of

an amount equal to that which they would have paid had they been

members during the period for which they desire credit, and

their payment to such fund of an additional amount as the

equivalent of the contributions of the city plus any interest

the city would have been required to pay on the contributions on

account of such military service. Upon the death of a member who

retires on pension or is killed in the service on or after

January 1, 1960, or who dies in the service on or after January

1, 1968, payments as hereinafter provided shall be made to the

member's surviving spouse during the life of the spouse.

Section 356. Section 4322 of the act, amended or added

October 4, 1978 (P.L.950, No.188), June 16, 1993 (P.L.97, No.21)

and June 19, 2002 (P.L.442, No.65), is amended to read:

Section 4322. Pensions and Service Increments.--(a) The

following apply:

(1) Payments of pensions shall [not] only be a charge on

[any fund in the] the firefighters' pension fund and shall not

be a charge on any other fund under the control, or in the

20110SB0874PN0890	- 492 -

treasury, of the city [or under its control save the firemen's

pension fund herein provided for].

(2) The basis of the pension of a member shall be determined

by the monthly salary of the member at the date of vesting under

section 4320.1 or retirement, or the highest average annual

salary which [he] the member received during any five years of

service preceding retirement, whichever is the higher, whether

for disability, or by reason of age or service, and except as to

service increments provided for in subsection (b) of this

section, shall be one-half the annual salary of [such] the

member at the time of vesting under section 4320.1 or retirement

computed at [such] the monthly or average annual rate, whichever

is the higher.

(3) In the case of the payment of pensions to members for

permanent injury incurred in service, and to families of members

killed or who die in service, the amount and commencement of the

payment of pensions shall be fixed by regulations of the board.

[Such] These regulations shall not take into consideration the

amount and duration of [workmen's] workers' compensation allowed

by law. Payments to surviving spouses of members retired on

pension or killed in the service on or after January 1, 1960, or

who die in the service on or after January 1, 1968, shall be the

amount payable to the member or which would have been payable

had [he] the member been retired at the time of [his] the

member's death.

(a.1) The provisions of subsection (a) providing that the

basis of the pension shall be one-half the annual salary of

[such] the member at the time of vesting under section 4320.1 or

retirement computed at [such] the monthly or average annual

rate, whichever is the higher, shall not apply to a city of the

20110SB0874PN0890	- 493 -

third class whether operating under an optional charter adopted

in accordance with the act of July 15, 1957 (P.L.901, No.399),

known as the "Optional Third Class City Charter Law," or under a

home rule charter adopted in accordance with 53 Pa.C.S. Pt. III

Subpt. E (relating to home rule and optional plan government),

which had in effect pension plans prior to the effective date of

this subsection that provided pensions in an amount greater than

fifty per centum of salary.

(b) In addition to the pension which is authorized to be

paid from the [firemen's] firefighters' pension fund by this act

and notwithstanding the limitations therein placed upon such

pensions and upon contributions, every contributor who shall

become entitled to the pension shall also be entitled to the

payment of a "service increment" in accordance with and subject

to the conditions hereinafter set forth.

(1) Service increment shall be the sum obtained by computing

the number of whole years after having served the minimum

required by this act during which a contributor has been

employed by [such] the city and paid out of the city treasury,

including credit for military service as provided in section

4321, and multiplying the said number of years so computed by an

amount equal to one-fortieth of the retirement allowance which

has become payable to such contributor in accordance with the

provisions of this act. In computing the service increment, no

employment after the contributor has reached the age of sixty-

five years shall be included, and no service increment shall be

paid in excess of one hundred dollars ($100) per month.

(2) Each contributor, from and after the effective date of

this amendment, shall pay into the pension fund a monthly sum in

addition to his or her pension contribution, which shall not

20110SB0874PN0890	- 494 -

exceed the sum of one dollar ($1) per month[: And provided, That

such], provided that the service increment contribution shall

not be paid after a contributor has reached the age of sixty-

five years.

(3) Any person who is a member of the department on the

effective date of this amendment who has already reached the age

of sixty-five years shall have his or her service increment

computed on the years of employment prior to the date of

reaching [his] the member's sixty-fifth birthday.

(4) Service increment contributions shall be paid at the

same time and in the same manner as pensions, and may be

withdrawn in full, without interest, by persons who leave the

employment of [such] the city, subject to the same conditions by

which retirement contributions may be withdrawn, or by persons

who retire before becoming entitled to any service increment.

(5) All members of the fire department who are now

contributors to the pension fund and all those employed by the

city after the effective date of this amendment, if required to

become contributors to the pension fund, shall be subject to the

provisions of this act.

(6) After the effective date of this clause, a city may

agree to make service increment payments in excess of one

hundred dollars ($100) per month as long as such payments do not

exceed five hundred dollars ($500) per month, and, in computing

such service increments, no employment after the contributor has

reached the age of sixty-five years shall be included[:

Provided, That], provided that any agreement to provide an

increase in service increment payments shall include a

proportionate increase in the amount each contributor shall pay

into the retirement fund under clause (2), not to exceed five

20110SB0874PN0890	- 495 -

dollars ($5) per month.

Section 357. Section 4322.1 of the act, amended June 30,

1969 (P.L.98, No.36), is amended to read:

Section 4322.1. Increase of Allowances After Retirement.--

(a) Any city may, at any time, at its discretion, upon the

recommendation of the persons having custody and management of

the [firemen's] firefighters' pension fund, increase the

allowances of persons receiving allowances of any kind from the

fund by reason of and after the termination of the services of

any member of the fund.

[Such increases] (b) Increases made pursuant to this section

shall be in conformity with a uniform scale, which may be based

on the cost of living, but the total of any such allowances

shall not at any time exceed one-half of the current salary

being paid [firemen] firefighters of the highest pay grade.

Section 358. Section 4323 of the act, amended August 14,

1959 (P.L.709, No.246), is amended to read:

Section 4323. Causes for Forfeiture of Rights in Fund; Other

Employments.--(a) Whenever any person shall become entitled to

receive a pension from the [firemen's] firefighters' pension

fund, and shall have been admitted to participate therein, [he]

the person shall not thereafter be deprived of his or her right

to participation therein [upon] on the basis upon which [he] the

person first became entitled thereto, except for one or [more]

both of the following causes[, that is to say]:

(1) Conviction of a felony or misdemeanor[, becoming an

habitual drunkard, or failing].

(2) Failing to comply with some general regulation relating

to the management of [said] the fund which may be made by the

managers, and which may provide that a failure to comply

20110SB0874PN0890	- 496 -

therewith shall terminate the right to participate in the

pension fund.

(b) Any termination of a pension shall be only after [such]

due notice and hearing as shall be prescribed by regulation of

the managers.

Section 359. Section 4324 of the act, amended October 4,

1978 (P.L.950, No.188), is amended to read:

Section 4324. Payments to [Firemen's] Firefighters' Pension

[Funds] Fund by City.--[There] Unless otherwise required by the

act of December 18, 1984 (P.L.1005, No.205), known as the

"Municipal Pension Plan Funding Standard and Recovery Act," or

by any other provision of law, this section shall govern the

payment to the firefighters' pension fund of money raised by

taxes levied by the city:

(1) A city shall [be paid] pay to the [firemen's]

firefighters' pension [funds by every city] fund annually [the]

a sum of money not less than one-half of one per centum nor more

than three per centum of all city taxes levied by the city,

other than taxes levied to pay interest on or extinguish the

debt of the city [or any part thereof].

(2) Council may exceed the limitations imposed by this

section if an additional amount is deemed necessary to provide

sufficient funds for payments to surviving spouses of members

retired on pension or killed or who die in the service[:

Provided, however, That], provided, however, that the city shall

annually pay into said fund not less than one-half of one per

centum of all city taxes levied by the city, other than taxes

levied to pay interest on or extinguish the debt of the city [or

any part thereof].

Section 360. Sections 4325 and 4326 of the act are amended

20110SB0874PN0890	- 497 -

to read:

Section 4325. [Transfer of Funds] Transfers from Other

Pension Funds.--(a) In any city wherein the members of the fire

department are members of a pension fund not established solely

for the purpose of pensioning members of the fire department,

there shall be transferred from such other pension fund into the

[firemen's] firefighters' pension fund required to be

established by this act, the moneys contributed thereto by

members of the fire department who have not been retired, and a

just and equitable proportion of the moneys contributed by the

city to such other pension fund for the future retirement of

members of the fire department. [Such] The transfers may be made

by the transfer of securities. The amounts to be transferred

shall be amicably adjusted by the managers of the [firemen's]

firefighters' pension fund and the pension board having the

charge of such other pension fund. In case of disagreement as to

the amount [so] to be transferred, the disagreement shall be

resolved by the city council, whose action thereon shall be

final.

(b) Nothing contained in this section shall be construed to

relieve any existing pension fund of its liability to continue

the payment of pensions to retired members of the fire

department in accordance with the laws and regulations under

which such members were retired.

Section 4326. Trusts for Benefit of [Firemen's]

Firefighters' Pension Fund.--Any [such] city may take, by gift,

grant, devise or bequest, any money or property, real, personal

or mixed, in trust for the benefit of [such] the pension fund[,

and the]. The care, management, investment and disposal of

[such] the trust funds or property shall be vested in [such] the

20110SB0874PN0890	- 498 -

officer or officers of [such] the city, for the time being, as

the [said] city may designate[, and such]. The care, management

and disposal shall likewise be directed by ordinance and the

[said] trust funds shall be governed thereby, subject to [such]

directions, not inconsistent therewith, as the donors of [such]

the funds and property may prescribe.

Section 361. Section 4327 of the act, amended July 20, 1968

(P.L.434, No.204), is amended to read:

Section 4327. Repayment Before Retirement.--(a) If [for any

cause any] a contributing member of the [fire department

contributing to the] firefighters' pension fund shall cease to

be a member of the fire department before he or she becomes

entitled to a pension, the total amount of the contributions

paid into the pension fund by [such] the member shall be

refunded [to him] in full without interest.

(b) If [any such] a member shall have returned to him or her

the amount contributed, and shall afterward again become a

member of the fire department, [he] the member shall not be

entitled to the pension designated until twenty years after his

or her reemployment, unless [he shall return] the member returns

to the pension fund the amount withdrawn, in which event the

period of twenty years shall be computed from the time the

member first became a member of the fire department, excluding

therefrom any period of time during which the member was not

employed by the fire department.

department not in the line of service before the member becomes

entitled to [the] a pension [aforesaid] and [such] if the member

[is not survived by a widow] has no surviving spouse or family

entitled to payments as [hereinbefore] provided in this

20110SB0874PN0890	- 499 -

subdivision, the total amount of contributions paid into the

pension fund by the member shall be paid over to his or her

estate.

Section 362. Section 4328 of the act, added June 16, 1993

(P.L.97, No.21), is reenacted to read:

Section 4328. Definitions.--As used in this subdivision, the

term "salary" is defined as the fixed amount of compensation

paid at regular, periodic intervals by the city to the member

and from which pension contributions have been deducted.

Section 363. Article XLIII subdivision (c) heading of the

act, amended August 17, 1951 (P.L.1251, No.292), is amended to

read:

Officers and City-Paid [Firemen] Firefighters

Section 364. Section 4340 of the act, amended October 4,

1978 (P.L.950, No.188), is amended to read:

Section 4340. Pension Funds for Employes other than Police

or City-Paid [Firemen] Firefighters.--(a) Cities may create a

pension fund for the pensioning of employes [of said cities] who

are not members of the police force or city-paid fire department

[thereof], surviving spouses of retired members if council so

elects and the families of [such] employes as may be injured or

killed in the service, in the manner, under the conditions and

subject to the qualifications [following] set forth in this

subdivision.

(b) As used in this subdivision "employes" includes officers

and officials of the city, whether elected or appointed.

Section 365. Section 4341 of the act, amended June 21, 1984

(P.L.428, No.87), is amended to read:

Section 4341. Pension Board; Duties.--(a) In any city which

20110SB0874PN0890	- 500 -

creates [such] a pension fund in accordance with this

subdivision, there shall be created a board to be known as the

pension board, [consisting of the mayor,] which shall consist of

the city administrator, if one has been appointed, or the mayor

if no city administrator has been appointed, the city

controller, the superintendent of finance, two employes to be

chosen by the employes contributing to the pension fund and, if

members of council participate in the pension fund and are

members of the fund, a member of council[,] chosen by council.

(b) It shall be the duty of [said] the board to register all

persons employed by the [said] city, and to administer the

collections and distribution of pension the fund [herein

provided for], and make such reasonable rules [in the premises]

as [such] the board may deem necessary [to carry into effect the

provisions of this act].

Section 366. Section 4342 of the act is amended to read:

Section 4342. Retirement Age.--[Every person, now or

hereafter employed by any] In a city which has created [such] a

pension fund and pension board [as hereinbefore provided,] in

accordance with this subdivision, an employee of the age of

sixty years, and upwards, who shall have been [so] employed for

a period of twenty years or more, shall, upon application to the

board of pensions [herein created,] be retired from service and

shall, subject to qualifications provided in this subdivision

during the remainder of his or her life, receive the pension or

compensation fixed by this [act, subject to such qualifications

as are herein contained] subdivision.

Section 367. Section 4343 of the act, amended October 4,

1978 (P.L.950, No.188), is amended to read:

Section 4343. Retirement Allowance; Proof of Disability;

20110SB0874PN0890	- 501 -

Joint and Single Coverage Members Defined.--(a) During the

lifetime of any person in the employment of any city creating

such pension fund and pension board as hereinbefore provided, he

or she shall be entitled to receive as a pension annually, from

the fund set aside for the purpose, fifty per centum of the

amount which would constitute the average annual salary or wages

which he or she received during the last or any five years of

his or her employment by the said city, whichever is the higher,

said pension to be paid in semi-monthly payments. Should any

persons so employed, after twenty years of service, be

dismissed, voluntarily retired, or be in any manner deprived of

his or her position or employment, before attaining the age of

sixty years, upon continuing a monthly payment to the fund equal

to the last amount due and paid monthly while in active service,

said person shall be entitled to the pension above-mentioned,

notwithstanding he or she has not attained the age of sixty

years at the time of his or her separation from the service of

such city, but said pension shall not commence until he or she

has attained the age of sixty years. Should any employe,

however, become totally and permanently disabled, after ten

years of service and before attaining the age of sixty years, he

or she shall be entitled to the said pension. Proof of total and

permanent disability shall consist of the sworn statement of

three practicing physicians, designated by the board, that the

employe is in a permanent condition of health which would

permanently disable him or her from performing the duties of his

or her position or office.

(b) For the purpose of this article on pensions, the

following words shall have the meaning herein assigned to them:

(1) "Joint Coverage Member" of the retirement system shall

20110SB0874PN0890	- 502 -

mean a city employe who shall have become a member of the

retirement system subsequent to the last date permitted by

[such] the city for statement or preference concerning social

security coverage, or who, having become a member on or before

[such] that date, shall have filed with the Retirement Board a

written statement that he or she elects social security coverage

under an agreement with the [Federal] Secretary of Health[,

Education and Welfare] and Human Services entered into by the

Commonwealth.

(2) "Single Coverage Member" of the retirement system shall

mean a city employe who shall have become a member of the

retirement system on or before the last date permitted by [such]

the city for statement of preference concerning social security

coverage and who either shall have filed with the Retirement

Board a written statement that he or she does not elect social

security coverage under any agreement with the [Federal]

Secretary of Health[, Education and Welfare] and Human Services

entered into by the Commonwealth, or shall not have filed with

the Retirement Board any written statement.

Commonwealth to place certain employes under the Federal Social

Security Act, the pension to be paid joint coverage members

according to the provisions of this section payable after the

age and upon that portion of annual compensation on which social

security benefits are payable, shall be reduced by an amount

equal to forty (40) per centum of the primary insurance amount

of social security paid or payable to the member. [Such] The

reduction shall be subject to the following provisions:

(1) Upon attainment of the age at which social security

benefits are payable by a beneficiary receiving a pension or

20110SB0874PN0890	- 503 -

upon retirement of a contributor after attaining that age, his

or her eligibility to the old age insurance benefit and the

primary insurance amount of social security upon which the

reduction in the pension shall be based, shall be computed by

the board in the manner specified in the Federal Social Security

Act, except that in determining such eligibility and such amount

only wages or compensation for services performed in the employ

of the city shall be included.

(2) The reduction shall not apply to a pension for total and

permanent disability payable under this section.

(3) Whenever the amount of the reduction from the pension

shall have been once determined, it shall remain fixed for the

duration of the pension, except that any decrease in the primary

insurance amount under the Social Security Act shall result in a

corresponding decrease in the amount of the reduction from the

pension.

(4) The total sum, including social security benefits, to be

received upon retirement by an employe who is a member of the

system at the time of the agreement shall not be less than the

allowance that would be paid by the retirement system in the

absence of the agreement.

(d) If council elects, by ordinance, to make such payments,

the surviving spouse of an employe who retired on pension or is

killed in the service on or after January 1, 1960, shall, during

his or her lifetime or so long as he or she does not remarry, be

entitled to receive a pension calculated at the rate of fifty

per centum of the pension the member was receiving or would have

been entitled to had [he] the member been retired at the time of

his or her death.

Section 368. Section 4343.1 of the act, amended June 11,

20110SB0874PN0890	- 504 -

1968 (P.L.160, No.90), is amended to read:

Section 4343.1. Retirement Allowances; Full Coverage;

Payments.--(a) Where a city has entered into an agreement with

the Commonwealth to place certain employes under the Federal

Social Security Act, the pension board may authorize any joint

coverage member of the retirement system to elect according to

the provisions of this section to receive compensation without

the reduction provided for in section 4343, provided [he] the

member shall make a lump-sum payment to the pension board, or

installment payments as may be approved by the board, equal to

the difference between the amount of the accumulated fund to his

or her credit in the fund as of the last date for which salary

or wages was paid and the amount which would have been to his or

her credit in such fund if contributions had been made on that

portion of his or her salary or wages on which social security

allowances are payable, at the same rate as made on that portion

of his or her salary or wages in excess thereof, from the time

that such salary or wages became subject to social security

coverage. Such election shall be made, in writing, in the form

prescribed by the pension board, and shall be accompanied by the

lump-sum payment or an agreement as to installment payments

herein required.

(b) The pension board may authorize any such member to make

the election herein provided at any time, and if made prior to

retirement, such member shall, in addition to any lump-sum or

installment payments required, pay to the board contributions on

his or her entire salary or wages thereafter received at the

rate provided in this act for monthly salary or wages in excess

of that on which social security allowances are payable.

Section 369. Section 4343.2 of the act, added July 11, 1996

20110SB0874PN0890	- 505 -

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

Section 4343.2. Limited Vested Benefit.--(a) The ordinance

creating a pension fund in accordance with this subdivision may

provide for a limited vested benefit if [such] it would conform

to section 305 of the act of December 18, 1984 (P.L.1005,

No.205), known as the "Municipal Pension Plan Funding Standard

and Recovery Act."

(a.1) Under [the provisions of the benefit, should a member

of the pension fund terminate] a limited vested benefit, if a

member of the pension fund terminates employment before reaching

the date which would have been the member's earliest retirement

date had the member continued employment by meeting the minimum

age and minimum period of continuous service requirements but

after having completed twelve years of full-time service, the

member shall be entitled to vest his or her retirement benefits

subject to the following conditions:

(1) [the] The member must file with the management board of

the pension fund a written notice of his or her intention to

vest[;].

(2) [the] The member must include in the notice the date the

member intends to terminate his or her service as an employe[;].

(3) [the] The termination date shall be at least thirty days

later than the date of notice to vest[;].

(4) [the] The member must be in good standing with the city

on the date of notice to vest[; and].

(5) [the] The board shall indicate on the notice to vest the

rate of monthly pay of the member as of the date of said notice

to vest or the highest average annual salary which the member

received during any five years of service preceding said date,

whichever is the higher.

20110SB0874PN0890	- 506 -

(b) Upon reaching the date which would have been the

member's earliest retirement date had the member continued his

or her employment with the city, the member shall notify the

board, in writing, that the member desires to collect his or her

pension. The amount of retirement benefits the member is

entitled to receive under this section shall be computed as

follows:

(1) [the] The initial determination of the member's base

retirement benefits shall be computed on the salary indicated on

the notice to vest[; and].

(2) [the] The portion of the base retirement benefits due

the member shall be determined by applying to the base amount

the percentage that his or her years of service actually

rendered bears to the years of service which would have been

rendered had the member continued to be employed by the city

until his or her earliest retirement date.

Section 370. Section 4344 of the act, amended October 4,

1978 (P.L.950, No.188), is amended to read:

Section 4344. Amount of Payments into Fund; Repayment before

Retirement.--The employes of any city, creating [such] a pension

fund and pension board in accordance with this subdivision,

shall pay into the board of pensions monthly an amount equal to

two per centum of their monthly salaries or wages, and if

council elects, by ordinance, to make [such] payments, an

additional amount not to exceed one per centum if deemed

necessary by council to provide sufficient funds for payments to

the surviving spouses of members who were retired on pension or

killed in the service, which shall be applied to the purposes of

the fund. Payment of the monthly amount or contribution herein

mentioned shall cease and be discontinued at the time the

20110SB0874PN0890	- 507 -

beneficiary receives the pension herein provided. If for any

cause any employe contributing to the pension fund shall cease

to be an employe of the city before the [said] employe becomes

entitled to a pension, the total amount of the contributions

paid into the pension fund by [such] the employe shall be

refunded to him or her in full, without interest. If any [such]

employe shall have returned to him or her the amount contributed

as aforesaid, and shall afterward reenter the employ of the

city, [said] the employe shall not be entitled to the pension

designated until twenty years after [said] reemployment, unless

he or she shall return to the pension fund the amount withdrawn,

in which event that period of twenty years shall be computed

from the time [said] the employe first enters the service of the

city. In the event of the death of any [such] employe, before

the [said] employe becomes entitled to the pension aforesaid,

the [said] total amount of contributions paid into the pension

fund by [said] the employe shall be paid over to the estate of

[said] the deceased employe.

Section 371. Section 4344.1 of the act, amended July 21,

1959 (P.L.553, No.169), is amended to read:

Section 4344.1. Determination of Liability Upon Extension of

Social Security.--(a) Where a city has entered into an

agreement with the Commonwealth to place its employes under the

Federal Social Security Act, the pension board shall appoint an

actuary, and may fix [his] the employe's compensation. The

actuary shall determine the present value of the liability on

account of pensions payable under the provisions of section 4343

[of this act] to employes who are members of the system on the

effective date of the agreement, and shall offset the value of

any assets in the pension fund to determine the unfunded

20110SB0874PN0890	- 508 -

liability. The city may make [such] the payments as it desires

toward the unfunded liability until the accumulated reserve

equals the present value of the liability. The actuary shall

also determine the amount which shall be contributed, annually,

into the fund on account of service of all new and original

members subsequent to the effective date of the agreement.

(b) Employes shall pay into the board of pensions, monthly,

an amount equal to three and one-half per centum of that portion

of monthly compensation on which social security allowances are

payable and five per centum of any monthly compensation in

excess of that on which social security allowances are payable.

The remainder of the needed annual contribution for service

subsequent to the date of the agreement, as determined by the

actuary, shall become the obligation of the city, and shall be

paid by it to the board of pensions by annual appropriations.

The provisions of this section shall, in all applicable cases,

supersede the provisions relating to contributions in section

4344 and section 4348 of this act.

Section 372. Section 4345 of the act is amended to read:

Section 4345. Payments by Laborers Optional.--Any person

holding a position in any [such] city as a laborer, at a per

diem wage, shall not be compelled to pay or contribute toward

the pension fund herein provided for, but shall have the option

or choice of so doing and, in that event only, of becoming

entitled to the pension provided by this act.

Section 373. Section 4346 of the act, amended August 17,

1951 (P.L.1251, No.292), is amended to read:

Section 4346. Heads of Departments to Certify List of

Employes.--The head of every department and office employing

persons entitled to receive a pension shall certify to the board

20110SB0874PN0890	- 509 -

of pensions all persons so employed and the amount of salary or

wages which is paid to [said] employes, together with

dismissals, resignations, or terminations of service and, from

the records of their office or department, shall furnish [such]

other relevant information as the board of pensions shall

require. In the case of a volunteer [fireman] firefighter, "head

of department or office" shall mean the president or secretary

of the board of trustees of the volunteer fire company involved.

Section 374. Section 4347 of the act is amended to read:

Section 4347. Receipt, Investment and Payment of Funds.--It

shall be the duty of the board of pensions to receive and retain

and, when deemed advisable, to invest the funds payable in

accordance with the provisions of this subdivision [of this

article], and to pay over by warrant or check the amount due to

[said] employes.

Section 375. Sections 4348 and 4349 of the act, amended

August 17, 1951 (P.L.1251, No.292), are amended to read:

Section 4348. Appropriations and Contributions to Fund.--The

council may annually set aside, apportion, and appropriate, out

of all taxes and income of [such] the city, unto the board of

pensions, a sum sufficient to maintain the pensions or

compensations due hereunder on account of the city contributions

for all employes except volunteer [firemen] firefighters. On

account of volunteer [firemen] firefighters who become members

of the pension fund, the board of trustees of the volunteer fire

company employing and paying them shall annually contribute to

the board of pensions a sum equal to the same percentage of its

participating payroll as the amount contributed by the city for

the same year bears to its participating payroll.

Section 4349. Application.--(a) The benefits conferred by

20110SB0874PN0890	- 510 -

this subdivision [of this article] shall apply to all persons

employed in any capacity by, or holding positions in, or, in the

case of a volunteer [fireman] firefighter, rendering services

recognized and accepted by, the cities creating a pension fund

and pension board in accordance with its provisions, but this

subdivision shall not apply to employes of [such] departments,

bureaus, or offices as are otherwise protected by pension

authorized by this act.

(b) Any volunteer [fireman] firefighter may become a member

of [such] a pension fund, as of the date of his or her original

employment or of the inception of the pension fund, whichever is

later, upon his or her making back contributions, and if the

volunteer fire company or board of trustees thereof employing

and paying him or her agrees to contribute and contributes to

the pension fund, from time to time, the sums hereinbefore

required.

Section 376. Sections 4350 and 4351 of the act are reenacted

to read:

Section 4350. Computation of Time of Service.--The time of

service herein specified, namely, twenty years, shall be

computed from the time of the first or original employments,

said employment to consist of service to the city and need not

be continuous.

Section 4351. Funds Payable to be Free of Attachment.--The

compensation or pension herein mentioned shall not be subject to

attachment or execution, and shall be payable only to the

beneficiary designated, and shall not be subject to assignment

or transfer.

Section 377. Section 4352 of the act, amended August 17,

1951 (P.L.1251, No.292), is amended to read:

20110SB0874PN0890	- 511 -

Section 4352. Definitions.--The term or phrase "employe,"

"employed," "employed by the city," or "in the employment of any

city," as used in this subdivision, is meant to include all

persons in the service of cities creating a pension fund and a

pension board in accordance with the provisions thereof, who are

not now otherwise protected by pensions authorized by this act,

and any volunteer [fireman] firefighter who becomes a member of

the pension fund.

"Volunteer [fireman] firefighter" shall mean a driver of

fire-fighting apparatus or ambulances, regularly employed and

paid by a volunteer fire company, rendering services recognized

and accepted by a city.

Section 378. Section 4353 of the act, amended July 5, 2005

(P.L.70, No.28), is reenacted to read:

Section 4353. Beneficiaries of Fund not to be Employed by

City.--No person or persons who shall have become a beneficiary

shall be employed by the said city in any capacity. Subject to

the provisions of section 4361, nothing herein shall be

construed as prohibiting a person or persons who shall have

become a beneficiary from serving in an elective city office.

Section 379. Article XLIII subdivision (d) heading and

section 4361 of the act, added July 5, 2005 (P.L.70, No.28), are

reenacted to read:

(d) Beneficiaries Serving in Elective Office

Section 4361. Right to a Pension if Salary Refused.--In any

city governed by the provisions of this act, the act of July 15,

1957 (P.L.901, No.399), known as the "Optional Third Class City

Charter Law," or 53 Pa.C.S. Pt. III Subpt. E (relating to home

rule and optional plan government), a beneficiary serving in an

elective city office shall not be prohibited from receiving a

20110SB0874PN0890	- 512 -

pension for any month in which he or she does not accept a

salary from serving in the elective office.

Section 380. Article XLIV heading of the act is reenacted to

read:

ARTICLE XLIV

CIVIL SERVICE

Section 381. Section 4401 of the act is amended to read:

Section 4401. Examinations Required of All Appointees.--No

person or persons may be appointed to any [position whatever in

the police department, or in the engineering department or

electrical department, except as otherwise provided by law, or

in the position of building inspector, or as health officers

other than registered physicians, or as sanitary policemen or

inspectors of the health department] uniformed position in the

police or fire departments, excluding chiefs, deputy chiefs and

similar senior officers, without having first passed all the

examinations hereinafter provided for[,] and without having been

appointed in the manner and according to the terms and

provisions and conditions of this article.

Section 382. Section 4402 of the act, amended April 18, 1978

(P.L.37, No.19), is amended to read:

Section 4402. Appointment of Examining [Boards] Board.--

There shall be [the following civil service boards in each city:

(a) A board for] a civil service board in each city that shall

provide for and oversee the examination of applicants for

appointment to and promotion to any position in the police

[department; (b) a board for the examination of applicants for

appointment as health officers other than registered physicians,

or as sanitary policemen or inspectors of the health department;

20110SB0874PN0890	- 513 -

any position in the engineering or electrical departments,

except as otherwise provided for by law, or to the position of

building inspectors.

Each of said boards shall consist of three citizens, who

shall be elected] or fire departments. The board shall consist

of three citizens who shall be appointed by council for terms of

four years or until their successors are [elected and qualified]

appointed and qualified except for the initial appointment of

board members as provided for in section 4403. Any person who is

a registered elector of the city may be appointed to [one or

more of said boards] the board. No city officer, official or

employe shall be eligible for appointment to [any] the civil

service board.

Section 383. The act is amended by adding a section to read:

Section 4402.1. Existing Civil Service Positions.--All

nonuniformed employes in city positions that were subject to

civil service regulation immediately prior to the effective date

of this section shall continue to be subject to civil service

regulation otherwise provided in this article for uniformed

employes with regard to the nonuniformed positions.

Section 384. Section 4403 of the act is amended to read:

Section 4403. Terms; Filling of Vacancies; Compensation;

Quorum.--[At the first election in newly created cities, council

shall elect to each of said boards] In a city in which the civil

service board is first established, terms of members of the

board shall be staggered. Council shall initially appoint to the

board one person to serve for two years, one person to serve for

three years, and one person to serve for four years. Upon the

expiration of the term of any member [of any of said boards, in

any city, one person shall be elected] a successor shall be

20110SB0874PN0890	- 514 -

appointed by the city council to serve upon [said] the board for

[the] a term of four years. If any vacancies occur, they shall

be filled by the city council for the unexpired term. Each of

[said] the members, before entering upon the duties of [his]

office, shall take and subscribe to the oath of office

prescribed by [this act] 53 Pa.C.S. § 1141 (relating to form of

oaths of office) and file the same, duly certified by the

officer administering it, with the [controller of the city] city

administrator or, in cities without a city administrator, the

city clerk. No salary or other compensation shall be paid to any

member of the [said boards] board. Two members of the board

shall constitute a quorum necessary for the transaction of

business of that board. [Said boards] The board shall organize

for the purpose of transacting all business immediately after

[their first appointment and, from time to time,] the first

appointments and thereafter as new appointments to [such] the

board are made. After organizing, the board shall elect one of

its members as chairperson and one as secretary.

Section 385. The act is amended by adding sections to read:

Section 4403.1. Alternate Board Members.--Council may

appoint no more than three qualified electors of the city to

serve as alternate members of the civil service board. The term

of office of the alternate members shall be four years. If, by

reason of absence or disqualification of a member, a quorum is

not reached, the chairperson shall designate as many alternate

members of the board to sit on the board as may be needed to

provide a quorum. When seated pursuant to this section, an

alternate shall be entitled to participate in all proceedings

and discussions of the board to the extent as provided by law

for board members, including specifically the right to cast a

20110SB0874PN0890	- 515 -

vote as a voting member during the proceedings, and shall have

all the powers and duties set forth in this act and as otherwise

provided by law. Any alternate member of the board shall

continue to serve on the board in all proceedings involving the

matter or case for which the alternate was initially designated

until the board has made a final determination of the matter or

case. Designation of an alternate pursuant to this section shall

be made on a case-by-case basis in rotation according to

declining seniority among all alternates. Alternates shall hold

no other office in the city. Any alternate may participate in

any proceeding or discussion of the board but shall not be

entitled to vote as a member of the board unless designated as a

voting alternate member pursuant to this section.

Section 4403.2. Investigations and Subpoenas.--(a) The

board shall have the power to make investigations concerning all

matters relating to the administration and enforcement of its

rules and regulations. The chairperson shall be authorized to

administer oaths and affirmations for witnesses testifying in

matters before the board.

(b) The board shall have the power to issue subpoenas over

the signature of the chairperson or designee and to require the

attendance of witnesses and the production of records and papers

pertaining to matters before the board, including any background

investigation conducted pursuant to any applicable rules and

regulations.

Section 386. Section 4404 of the act is amended to read:

Section 4404. Rules and Regulations; Examinations.--[Each of

said boards shall prepare and adopt such rules and regulations

to cover the selection and appointment of all persons as

hereinbefore provided, to be hereafter employed or appointed in

20110SB0874PN0890	- 516 -

said cities, as in the judgment of said boards shall be best

adapted to securing the best service for the public. Such rules

and regulations] (a) The board shall have the power and its

duty shall be to prepare and adopt rules and regulations,

subject to approval by council, which, in the board's

discretion, are best adapted to securing and maintaining the

best service for the public for the selection, appointment and

promotion of persons who are qualified to perform the work which

is the subject of the civil service examination as provided in

this article, and who are to be employed, appointed or promoted

by the city. The rules and regulations adopted by the board

shall provide for ascertaining and determining, so far as

possible, [the physical qualifications, habits, reputation,

standing, experience and education of all applicants for such

positions, respectively; and they] the knowledge, skills,

aptitude, mental and physical abilities, experience, education

and character of all applicants as these criteria would

reasonably apply to the respective positions; and the rules and

regulations shall provide for examinations upon any and all

subjects deemed proper or necessary by [said boards] the board

for the purpose of determining [their qualifications for the

position sought and applied for] the qualifications of

applicants for the respective positions sought and for which

application is made.

(b) The civil service board shall, in accordance with this

act, adopt rules and regulations concerning the following

matters that may include:

(1) minutes of proceedings;

(2) rules of procedure;

(3) records of examinations;

20110SB0874PN0890	- 517 -

(4) annual report to council;

(5) notice of the rules and regulations and any amendments

or repeals to the rules and regulations;

(6) application forms;

(7) further provisions concerning the duties of the

chairperson and secretary;

(8) appointment of examiners; and

(9) other administrative matters.

Section 387. Section 4404.1 of the act, added October 19,

2010 (P.L.533, No.77), is amended to read:

Section 4404.1. Physical and Psychological Medical

Examinations.--(a) [A] The board may require that an applicant

conditionally appointed in accordance with section 4406 of this

act undergo a physical or psychological medical examination as a

condition of permanent appointment. Physical medical

examinations, if required, shall be under the direction of a

physician or other qualified medical professional. Psychological

medical examinations, if required, shall be under the direction

of a psychiatrist or psychologist.

(b) A physician, other qualified medical professional,

psychiatrist or psychologist shall be appointed by council and

shall render an opinion as to whether the conditional appointee

has a physical or mental condition which calls into question the

individual's ability to perform all of the essential functions

of the position for which the individual was conditionally

appointed.

qualified medical professional, psychiatrist or psychologist

calls into question the conditional appointee's ability to

perform all essential functions of a position, the director of

20110SB0874PN0890	- 518 -

the department within which the position is to be filled shall

meet with the conditional appointee for the purpose of having

one or more interactive discussions on whether the conditional

appointee can, with or without reasonable accommodation, perform

all the essential functions of the position.

(d) If, at the conclusion of the interactive discussion

under subsection (c), the department director determines that

the conditional appointee is not qualified, the department

director shall give written notice to the conditional appointee

and the board.

(e) Nothing in this act shall be construed to authorize

physical or psychological medical examinations prior to

conditional appointment in accordance with section 4406 of this

act.

(f) As used in this section, the following definitions shall

apply:

"Medical examination" shall mean any examination, procedure,

inquiry or test designed to obtain information about medical

history or a physical or mental condition which might disqualify

an applicant if it would prevent the applicant from performing,

with or without reasonable accommodation, all of the essential

functions of the position.

"Physician" shall have the meaning given to it in 1 Pa.C.S. §

1991 (relating to definitions).

"Qualified medical professional" shall mean an individual, in

collaboration with or under the supervision or direction of a

physician, as may be required by law, who is licensed:

(1) as a physician assistant pursuant to the act of December

20, 1985 (P.L.457, No.112), known as the "Medical Practice Act

of 1985," or the act of October 5, 1978 (P.L.1109, No.261),

20110SB0874PN0890	- 519 -

known as the "Osteopathic Medical Practice Act"; or

(2) as a certified registered nurse practitioner pursuant to

the act of May 22, 1951 (P.L.317, No.69), known as "The

Professional Nursing Law."

Section 388. Section 4405 of the act, amended October 19,

2010 (P.L.533, No.77), is repealed:

[Section 4405. Grading for Discharged Servicemen.--When any

person who was engaged in the military service of the United

States during any military engagement in which the United States

participated, and has an honorable discharge therefrom, shall

take any examination for appointment, the examination shall be

marked or graded in the same manner as provided for all other

examinations. When the examination of the discharged individual

is completed and graded, if the grade is passing, the grading or

percentage as the examination merits shall be increased by

fifteen per centum, and the total mark or grade shall represent

the final grade or classification of the discharged individual

and shall determine the individual's order of standing on the

eligibility list. For the purpose of this article:

(1) "Military service" means the army, navy, marines, air

force, coast guard, and any branch or unit thereof.

(2) "Servicemen" means members of the military service,

including women.

(3) "Military engagement" includes land, naval and air

engagements.]

Section 389. The act is amended by adding a section to read:

Section 4405.1. Veterans' Preference.--In accordance with 51

Pa.C.S. Ch. 71 (relating to veterans' preference) the following

shall apply to the appointment of a uniformed civil service

position:

20110SB0874PN0890	- 520 -

(1) A veteran who meets the qualifications for and

conditions of the position under uniform eligibility rules,

which include successful passage of an examination, shall

receive an additional ten points on the examination pursuant to

51 Pa.C.S. § 7103(a) (relating to additional points in grading

civil service examinations).

(2) If, after the additional ten points are granted, a

veteran is on the list of three eligible applicants, the veteran

shall receive a preference in hiring over nonveterans on that

list.

(3) The preference provided by this section shall constitute

the only preference with regard to a uniformed civil service

position to which a veteran is entitled under this act.

Section 390. Sections 4406 and 4406.1 of the act, amended or

added October 19, 2010 (P.L.533, No.77), are amended to read:

Section 4406. Selection of Appointee from Certified List of

Applicants.--[The boards] The following shall apply to civil

service selection, conditional appointments and appointments and

shall be incorporated by reference in the rules and regulations

of the board:

(1) The civil service board shall make and keep, in

numerical order, a list containing the names of all applicants

for civil service positions in the city who [may] pass the

required examinations, including any required physical fitness

or agility examinations that are job-related and consistent with

business necessity. [Where]

(2) Physical fitness or agility examinations shall be

conducted on a pass-fail basis.

(3) Written and oral examinations used to establish an

eligibility list shall offer the opportunity to achieve one

20110SB0874PN0890	- 521 -

hundred points.

(4) If both written and oral examination methods are used in

conjunction with each other, the board, prior to initiating

testing, shall establish what constitutes a passing score on

each portion of the examination. If only a written examination

method is used, the board shall establish the passing score

before the examination is conducted.

(5) When more than one person takes examinations for any

position at the same time, the names of all those successfully

passing the examination shall be entered upon the eligibility

list in the order of their respective [percentages] point

totals, the highest coming first.

(6) The board shall furnish to council a certified copy of

all lists so prepared and kept. [Wherever any vacancy shall

occur in any civil service position in the city, the city

council] Such lists shall be maintained for a period of two

years or until a new list is certified to council, whichever

occurs first.

(7) Whenever council shall determine an appointment is to be

made to a civil service position in the city, the director of

the department in which the appointment is to be made shall make

written application to the [president of the proper] chair of

the board, who shall forthwith certify to the city council, in

writing, the three names on the eligibility list of applicants

for the position having the highest [percentage, but if there

be] number of points, unless there are less than three eligible

names on the list, in which event the board shall certify the

names. The director of the department in which the appointment

is to be made shall nominate to the city council a person from

the eligibility list submitted to fill the vacancy.

20110SB0874PN0890	- 522 -

(8) If the city council approves the nomination, the person

nominated shall be conditionally appointed by council to fill

the vacancy, and shall be assigned for service in the

department, subject to any required physical or psychological

medical examinations that may be required by the [appropriate

examining] board as a condition of permanent appointment in

accordance with section 4404.1 of this act.

(9) If the council does not approve the nomination, or if

the appointee is determined by the medical examination process

to be unqualified, then the director of the department in which

the appointment is to be made shall submit another nomination

for the position from the remaining names, if any[, and if]. If

the nomination is not approved by the council, or if the

appointee is determined by the medical examination process to be

unqualified, the director shall submit the third name, if any.

(10) The person whose nomination by the director is approved

by the city council shall be appointed to fill the [position in

the department or as building inspector] civil service position

under consideration.

(11) The name of the person so appointed shall be

immediately stricken from the [eligibility] certified list of

the board, and, except as otherwise provided in this clause, the

names of the [rejected] nonappointed persons shall immediately

be restored to their proper place on the [eligibility list:

Provided, however, That if] certified list. If the name of any

applicant has been submitted to the council and been rejected

three times or the [appointee] council and the conditional

applicant has not been appointed for three such times or the

conditional applicant has been determined by the medical

examination process to be unqualified, then the name shall be

20110SB0874PN0890	- 523 -

stricken from the [eligibility] certified list.

(12) Examinations for promotions for civil service positions

in the city shall be pursuant to section 4406.1 of this act.

(13) As used in this section, the term "medical examination"

shall have the meaning given it in section 4404.1 of this act.

Section 4406.1. Promotions.--(a) The [civil service boards

may recommend those in the employ of a department for promotion

if the person recommended is competent for the higher position.

If an examination is required, the] city council shall notify

the [applicable] civil service board of a civil service vacancy

in the city which is to be filled by promotion and shall request

the certification of an eligibility list as provided in this

article. The board shall certify for each vacancy the names of

three persons on the eligibility list who have received the

highest average in the last preceding promotional examination

held within the period of two years preceding the date of the

request for the eligibility list. If three names are not

available, the board shall certify the names remaining on the

list. The city council shall make an appointment from the names

certified, based solely on the merits and fitness of the

candidates, unless the city council makes objections to the

board regarding one or more of the persons on the eligibility

list. The city council shall have power to determine in each

instance whether an increase in salary shall constitute a

promotion.

(b) Notwithstanding subsection (a), the mayor or other

elected or appointed official of a city that has adopted one of

the following shall retain the power to promote a candidate

pursuant to that law:

(1) An optional charter pursuant to the act of July 15, 1957

20110SB0874PN0890	- 524 -

(P.L.901, No.399), known as the "Optional Third Class City

Charter Law."

(2) An optional plan pursuant to 53 Pa.C.S. Chs. 30

(relating to types of optional plans of government) and 31

(relating to general provisions common to optional plans).

(3) Any other law authorizing or permitting the mayor or

other elected or appointed official to promote a candidate.

mayor's designation or appointment of the chief of police or any

deputy police chief pursuant to section 2002 or the mayor's

designation or appointment of a fire chief or any deputy fire

chief pursuant to section 2101.1.

Section 391. Section 4407 of the act is amended to read:

Section 4407. [Tenure; Preference in Appointment to

Discharged Serviceman; Temporary Appointments.--] Tenure;

Temporary Appointments.--(a) All appointments made pursuant to

the provisions of this article shall be for and during good

behavior, and no employe hired pursuant to the provisions of

this article shall be removed or transferred for any political

reasons whatever. [Among those persons possessing qualifications

and eligibility for appointment, preference in appointment shall

be given to honorably discharged servicemen and their spouses

and surviving spouses as provided by law.

All persons holding appointments in said several departments

or as building inspectors of said cities, at the time this act

goes into effect, shall retain their positions without being

required to pass examination, and be removed only in accordance

with the provisions of this article.]

(b) In case of riot or emergency, temporary appointments to

positions in the civil service may be made without complying

20110SB0874PN0890	- 525 -

with the provisions of this article.

Section 392. Section 4408 of the act, amended October 4,

1978 (P.L.950, No.188), is amended to read:

Section 4408. [Suspension and Discharge] Suspension,

Discharge and Discipline; Reduction of Employes; Appeals.--(a)

All employes subject to civil service shall be subject to

suspension, discharge and discipline by the director of the

department in which the employe works for misconduct[,] or

violation of any law of this Commonwealth, [any] ordinance of

the city, or regulation of the department[, pending action by

the city council upon the charges made against any of such

employes. On hearing before the city council, where they may be

represented by counsel, they may be fined or suspended for a

period not exceeding thirty days with or without pay, or they

may be discharged by city council, if found guilty of the

charges made against them. The director of each such department

may, for misconduct or violation as aforesaid, suspend any

employe of such department for a period of ten days, with or

without pay, without preferring charges and without a hearing of

council; but no employe shall be suspended more than one time

for the identical or same violation or act of misconduct. If it

should become necessary to reduce the number of employes in said

department for purposes of economy, seniority rights shall

prevail, and any and all removals for such cause or causes shall

be from the members last appointed, and the member or members

serving the shortest time shall be removed first; but members

with longer times of service may be discharged for cause]. Any

employe aggrieved by the suspension, discharge or discipline

imposed by a department director more serious than a suspension

of three days without pay may request a hearing before the city

20110SB0874PN0890	- 526 -

council, or by the civil service board if designated by

ordinance. At the hearing, the employe may be represented by

counsel.

(a.1) Any civil service employe aggrieved by the [action]

decision of the council [in fining, suspending or discharging

him shall have the right to appeal by petition to the court of

common pleas within thirty days after the suspension or after

receipt of written notice of such action by council which it

shall be the duty of the council to give and the court shall

hear the charges made against him de novo] or the civil service

board shall have the right to appeal in accordance with 2

Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local

agency action). This review shall be exclusive. Where no such

appeal is taken within the time prescribed by law, the decision

by the city council or the civil service board shall become

final in accordance with the law. The issue before the court

shall be whether the action of the council or the civil service

board shall be affirmed or be modified in any respect or whether

the charges should be dismissed or whether the suspension or

demotion made by the director shall be affirmed or rescinded.

Where any [such] employe has been suspended and the charges are

dismissed or the suspension rescinded on appeal, he or she shall

receive full compensation for the entire period of suspension.

(b) In any case in which a police officer or firefighter who

is a member of a bargaining unit is subject to suspension,

discharge or discipline, the police officer or firefighter shall

have the option of challenging the suspension, discharge or

discipline imposed by using the procedures provided in

subsection (a) or by a proceeding in grievance arbitration. A

choice to proceed either by subsection (a) or by grievance

20110SB0874PN0890	- 527 -

arbitration shall foreclose the opportunity to proceed in the

alternative method.

Section 393. Sections 4409 and 4410 of the act are amended

to read:

Section 4409. [Secretaries of Boards; Compensation.--Each of

said civil service boards may] Secretary; Compensation.--The

civil service board shall appoint a secretary and prescribe his

[duties. He] or her duties, and shall have the power to change

these duties. The secretary shall be subject to removal at any

time by the board [appointing him, and such board shall have

power to change his duties. The compensation to be paid said

secretaries and all necessary stationery and supplies for said

boards shall be such as council shall by ordinance direct].

Council shall establish the compensation to be paid to the

secretary and all necessary stationery and supplies for the use

of the board shall be supplied by the city.

Section 4410. Review of Eligibility Lists.--The lists of

eligible names kept by [each] the civil service board shall be

annually examined by the board for the purpose of deleting

therefrom persons who are permanently unavailable for or

disqualified for the position or positions involved, either by

death, permanent removal from the area, written desire to be

removed therefrom, or by other permanent cause[,] in conformity

with the board's rules and regulations adopted pursuant to

section [four thousand four hundred four] 4404.

Section 394. The act is amended by adding an article to

read:

ARTICLE XLIV-A

VETERANS' AFFAIRS

(a) Support of Veterans' Organizations

20110SB0874PN0890	- 528 -

Section 4401-A. Appropriations to Post of Veterans.--Council

may appropriate annually to organizations of veterans of the

United States armed services or veterans' parents to aid in

defraying the expenses of Memorial Day and Veterans Day, or

other expenses such as payment of rent of any building or rooms

where the organization has its regular meetings. Payments shall

be made to defray actual expenses only. Before any payment is

made, the organization receiving the same shall submit verified

accounts of their expenditures.

Section 4402-A. Rooms for Meetings of Veterans.--Council may

provide, upon application, to an organization composed of

veterans of the United States armed services, a facility in any

public building of the city, sufficient for the periodic meeting

of each of the organizations.

(b) Pennsylvania National Guard

Section 4411-A. Support of Pennsylvania National Guard

Units.--Council may appropriate annually a sum for the support

and maintenance, discipline and training of any troop, company

or similar unit of the Pennsylvania National Guard. If the units

are organized as a battalion, regiment or similar organization,

the total amount due may be paid to the commanding officer of

the battalion, regiment or similar organization. Any money

appropriated shall be paid by warrant drawn to the order of the

commanding officer of the company, battalion, regiment or

similar organization, only when it shall be certified to the

city, by the Adjutant General of the Commonwealth, that the

company has satisfactorily passed the annual inspection provided

by law. The money appropriated shall be used and expended solely

and exclusively for the support and maintenance, discipline and

training of the company, battalion, regiment or similar

20110SB0874PN0890	- 529 -

organization; and the commanding officer shall account, by

proper vouchers to the city each year, for the expenditure of

the money appropriated. No appropriation shall be made for any

subsequent year until the expenditure of the previous year is

duly and satisfactorily accounted for. The accounts of the

expenditures shall be subject to the inspection of the

Department of Military Affairs, and shall be audited by the city

controller in the manner provided by this act for the audit of

accounts of city money.

Section 4412-A. Appropriation of Money, Et Cetera, to Assist

in Erection of Armories.--Council may appropriate money or

convey land, either independently or in conjunction with any

other political subdivision, to the Commonwealth, for the

purpose of assisting the State Armory Board in the erection of

armories for the use of the Pennsylvania National Guard, and to

furnish water, sewer services, light or fuel free of cost to the

Commonwealth for use in any armory of the Pennsylvania National

Guard. Council may do all things necessary to accomplish the

purpose of this section.

Section 4413-A. Eminent Domain for National Guard

Purposes.--Council may take, by right of eminent domain, for the

purpose of appropriating to itself for the use of the

Pennsylvania National Guard public lands, easements and public

property in its possession or control and used or held by it for

any other purpose. Such right, however, shall not be exercised

as to any street or wharf.

Section 4414-A. Lands for Armory Purposes.--Council may

acquire, by purchase or by gift, or by the right of eminent

domain, any land for the use of the Pennsylvania National Guard

and may convey lands so acquired to the Commonwealth in order to

20110SB0874PN0890	- 530 -

assist the State Armory Board in the erection of armories. The

power conferred by this section shall not be exercised to take

any church property, graveyard or cemetery. Lands within three

miles outside the limits of the city may be acquired in like

manner for the use of the Pennsylvania National Guard provided

that if the land is acquired by eminent domain that the taking

shall be subject to the limitations in 26 Pa.C.S. § 206

(relating to extraterritorial takings).

Section 4421-A. Purchase of Burial Grounds for Deceased

Service Persons.--Council may appropriate money for and purchase

plots of ground in any cemetery or burial ground, within its

respective city limits, for the interment of deceased service

persons who die within the city, or die beyond the city but have

a legal residence within the city at the time of their deaths,

and whose bodies are entitled to be buried by the county under

the provisions of existing laws.

Section 4422-A. Care of Memorials.--Council may take charge

of, care for, maintain and keep in good order and repair, at the

expense of the city, any soldier's monument, gun or carriage or

similar memorial, situate in the city which is not in the charge

or care of any person, body or organization and which is not put

up or placed by the Government of the United States, the

Commonwealth or the commissioners of the county or by the

direction or authority of any other state. Council may receive

from any person or organization any money or funds which can be

used for the benefit of the memorials, and expend the money.

Section 4423-A. Memorial Trees.--Council may provide for or

authorize provision for memorial trees for residents of the city

who died while in the military service of the United States or

20110SB0874PN0890	- 531 -

in consequence thereof. Council may make appropriations or

accept contributions for this purpose. Such trees shall bear

some permanent indication of their purpose.

Section 4424-A. Penalty for Injury to Memorial Trees.--Any

person wilfuly, maliciously or negligently destroying or

injuring any trees planted pursuant to the provisions of section

4423-A shall be guilty of a misdemeanor and, upon conviction,

shall be liable to a fine not exceeding five hundred dollars, or

imprisonment not exceeding three months, or both, in the

discretion of the court.

Section 395. Article XLV heading and sections 4501, 4502,

4503, 4504 and 4505 of the act are repealed:

[ARTICLE XLV

CHARITIES AND WELFARE

Section 4501. Creation of Department of Charity.--Council,

by ordinance, may create a bureau for the purpose of

administering charity and for support of the poor, create any

office which may be deemed necessary for the proper government,

support, and management of said bureau, and regulate and

prescribe the powers, duties, and compensation of all such

officers. Such bureau shall have the care, management,

administration, and supervision of the charities, almshouses,

poorhouses, and the relief of the poor of the city, subject,

however, to the control of the council.

Section 4502. Power to Levy Special Tax.--Council may levy a

tax annually, not exceeding ten mills on the dollar, on all

persons and property taxable by the city for city purposes, for

the support of said bureau.

Section 4503. Hospitals; Appropriations; Free Treatment for

Poor.--Any city may acquire, by gift, devise, or bequest, lands,

20110SB0874PN0890	- 532 -

chattels, securities and funds for the establishment and

maintenance of a hospital, for the purposes of caring for the

sick and injured residents of such city and the vicinity

thereof, and, for such purposes, to appropriate and expend money

of the city: Provided, That the poor residents of such city

shall receive free treatment to the extent that it is possible

to provide for same with the means available. Such hospital, or

any ward therein, may be named in accord with the wishes of any

person making a substantial donation thereto by will or

otherwise.

Section 4504. Appointment of Trustees for Gifts; Powers.--

Such gifts, devises, bequests and appropriated funds shall be

under the supervision of a board of trustees, to be appointed by

council, consisting of at least nine trustees, three of whom

shall be members of council, three of whom shall be licensed and

practicing physicians in such city and the vicinity thereof, and

the remainder of which board shall consist of residents of such

city and vicinity thereof. Said appointments shall at all times

be made subject to the approval of the orphans' court of the

county in which said city is situated. Said board of trustees

shall at all times be subject to the resolutions of council and

the jurisdiction of said court, which shall have power to remove

any of them upon petition of such city. Any vacancy in such

board may be filled by a new appointment in manner aforesaid.

Said board of trustees shall make reasonable rules for the

management of such hospital, and appoint and remove the

physicians, surgeons, nurses, and other employes necessary for

the conduct thereof.

Section 4505. Appropriations or Other Assistance for

Hospitals.--Council may make appropriations for the support or

20110SB0874PN0890	- 533 -

assistance of hospitals within or near the city or, in lieu

thereof, council may provide for services to such hospitals at

the city's expense and with materials or equipment of the city.]

Section 396. The act is amended by adding an article to

read:

ARTICLE XLV-A

ASSESSMENTS FOR PUBLIC IMPROVEMENTS

Section 4501-A. Authority to Assess.--(a) In cases in which

one or more properties are benefited from a public improvement,

unless otherwise provided for in this act, a city shall be

authorized to assess, as provided in this article, all or any

portion of the costs of the public improvement, including any

related administrative fees, against those properties that are

benefited by the public improvement.

(b) Unless otherwise provided in this act, in addition to

the authority to assess the cost of public improvements against

properties benefited, a city shall have the power to pay for the

cost of public improvements, in whole or in part, from general

city funds or, if authorized, from a special city fund dedicated

to that purpose.

VII Subpt. B (relating to indebtedness and borrowing) for the

purposes of funding the cost and expense of making public

improvements for which assessments can be made in accordance

with this article, and assessments are made, payments made on

the assessments must be applied to pay the debt service for the

indebtedness incurred for funding the cost and expense of making

the public improvements.

(d) As used in this article, unless the context clearly

indicates otherwise, the term "public improvement" may include,

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but shall not be limited to, the building, paving, grading,

rebuilding, repaving and regrading of streets, sidewalks, curbs

and gutters; the creation, extension and renovation of water and

sewerage collection, transmission, treatment and disposal

systems; the creation, extension and renovation of storm,

surface and subsurface drainage systems; the construction,

reconstruction and repair of wharves and docks; the installation

of pipes, wires and conduits relating to city-supplied utility

services; the installation, maintenance or operation of

ornamental street lighting; or the planting, maintaining,

trimming, transplanting, removal and protection of shade trees.

Section 4502-A. Method of Assessment.--(a) In any case in

which council elects to exercise the power to make assessments

for a given public improvement as authorized in section 4501-A,

it shall, by ordinance and in conformity with this article,

establish the method and procedure pursuant to which assessments

shall be made.

(b) Council may, by ordinance, determine to make the

assessment by any means that results in fairly allocating all or

a portion of the costs and expenses of the public improvement

among all properties benefited thereby in reasonable proportion

to the benefits conferred upon each property. The methods that

may be used to make assessments in accordance with this

subsection may include, but shall not be limited to, an equal

assessment per front foot, lot, parcel, dwelling unit or square

foot or by an assessment made by viewers.

(1) The cost to be collected shall be divided by the total

number of linear feet of street frontage of all properties

benefited.

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(2) The assessment against each property shall be that

portion of the cost which is determined by multiplying the

dividend under clause (1) by the number of linear feet for

street frontage of that property.

(3) Council shall have the power and its duty shall be, in

the case of corner or irregularly shaped lots or where special

conditions exist, to provide for an equitable adjustment, as

necessary, to prevent an unjust or excessive assessment.

(d) In order to pay for all or a portion of the cost or

expenses of a public improvement, council may determine to

assess properties benefited based upon a report of viewers.

Three disinterested persons shall be appointed by council as

viewers. A majority of the viewers shall assess the cost against

each property benefited in reasonable proportion to the benefits

conferred upon each property. The viewers, or a majority of

them, shall make a report in writing which shall specify the

amount assessed upon each property and shall present the report

directly to council or file it with the city clerk, as council

directs.

Section 4503-A. Notice of Assessment.--(a) After the

amounts to be assessed against the properties to be benefited by

the public improvement have been calculated pursuant to the

method and procedures as prescribed by ordinance, the city shall

give personal notice of the assessment to the owner of each

property that is being assessed. The notice shall also state

that the owner has thirty days from receipt of the notice to

appeal the assessment.

(b) An assessment made pursuant to this article shall become

effective thirty days after personal notice is given by any of

the following means:

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(1) Personal service on the owner.

(2) Certified mail, addressee only, return receipt

requested, to the owner at the owner's last known address.

(3) Posting notice at or upon the property, after reasonable

attempts to give personal notice pursuant to clauses (1) and (2)

have failed.

Section 4504-A. Appeals to Court.--Within thirty days after

receipt of the notice of assessment, an owner of property shall

have the right to appeal the assessment to the court of common

pleas in the county in which the assessed property is located.

On appeal, unless the court finds fraud, mistake or illegality,

the court shall be restricted to determining the questions of

whether the property assessed received any special benefits from

the improvement and whether the assessment made exceeds the

special benefits received.

Section 4505-A. Benefits and Damages.--In any proceeding in

which damages to property are being sought as a result of a

public improvement for which an assessment of benefits has been

made, the excess of damages over benefits, or the excess of

benefits over damages, or nothing in case the benefits and

damages are equal, shall be awarded to or assessed against the

owner of land and property affected by the public improvement.

Section 4506-A. Return by City of Assessments Paid on

Property Unlawfully Assessed.--The following shall apply with

regard to the return of payments made on an unlawful assessment:

(1) If, after a timely appeal, a court makes a final

determination that a property was unlawfully assessed or that

the amount assessed exceeded, to a substantial amount, the

benefits received by the property assessed from the public

improvement, a city that received money in payment of the

20110SB0874PN0890	- 537 -

assessment shall repay the money in an amount as ordered by the

court.

(2) Within two years of receiving payment of an assessment,

the city may repay such money voluntarily if the city determines

that the assessment or part thereof was made erroneously.

(3) Repayments to property owners pursuant to clause (1) or

(2) shall include interest from the date of payment of the

unlawful or erroneous assessment at the rate of interest that is

provided for in 53 Pa.C.S. § 8426 (relating to interest on

overpayment).

Section 4507-A. Payment of Assessments in Installments.--(a)

An ordinance providing for a public improvement the expense of

which is to be defrayed by an assessment against properties

benefited by the public improvement may authorize the payment of

the assessments in installments. The ordinance shall set a time

when the installment payments shall commence and shall specify

the length of time over which the installments may be extended

and whether payments are to be made by equal annual or more

frequent installments. The period during which installments may

be paid shall not exceed the lesser of ten years or the number

of years equal to the period of maturity of the bonds issued to

fund the public improvement.

(b) The ordinance shall set forth the rate of interest for

the installments, which shall not be more than ten per centum

per annum unless a bond is issued for the improvement, in which

case the maximum interest rate on the installment payments shall

be pursuant to section 9 of the Municipal Claim and Tax Lien

Law.

agreement with each property owner that will pay the assessment

20110SB0874PN0890	- 538 -

in installments, subject to the requirements of the ordinance

pertaining to such agreements and this article.

(d) If any of the installments shall remain unpaid for sixty

days after the same has become due and payable, the entire

unpaid assessment plus unpaid accrued interest and any costs

shall be due and payable and the city may proceed to collect

them by filing a lien in the same manner as municipal claims are

filed or by action in assumpsit.

(e) Any property owner upon whom an assessment has been made

may pay all or as many of the installments before they are due,

with interest and costs to the due date of the next installment.

Section 4508-A. Collection of Assessments.--(a) Council

shall have the power to authorize the city treasurer or other

city official to collect assessments.

(b) The following shall apply to the collection of

assessments:

(1) A city may collect an assessment that remains unpaid for

sixty days after personal notice was given pursuant to section

4503-A, unless an installment agreement has been entered into

pursuant to section 4507-A.

(2) An assessment made pursuant to this article may be

collected in the same manner as municipal claims in the

Municipal Claim and Tax Lien Law or by an action of assumpsit

against the owner of the property benefited.

(3) Interest on an unpaid assessment shall begin to accrue

from the time of completion of the improvement at a rate of ten

per centum per annum unless a bond is issued for the

improvement, in which case the maximum interest rate shall be

pursuant to section 9 of the Municipal Claim and Tax Lien Law.

(4) If a property owner has two or more lots against which

20110SB0874PN0890	- 539 -

there is an assessment for the same improvement, all of the lots

may be embraced in one claim.

(5) Assessments, whether paid one time or by installments,

shall be payable at the office of the city treasurer or any

other place designated by ordinance.

Section 397. Article XLVI heading of the act is reenacted to

read:

ARTICLE XLVI

COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND

COMPROMISE OF CLAIMS

Section 398. Section 4601 of the act, amended July 25, 1963

(P.L.283, No.153), is amended to read:

Section 4601. Collection of Municipal Claims by Suit.--In

addition to the remedies provided by this act or any other law

for the filing of liens for the collection of municipal claims,

all cities may proceed for the recovery and collection of

municipal claims by action of assumpsit against the person or

persons who were the owner or owners of the property at the time

of the completion of the improvement, notwithstanding the fact

that there was a failure on the part of [any such] the city, or

its agents, to enter [any such] the municipal claim as a lien

against the property assessed for the improvement[, and for the

recovery of which the action of assumpsit was brought]. Any such

action in assumpsit shall be commenced within six years after

the completion of the improvement from which [said] the claim

arises.

This section shall extend to all municipal claims [where the

improvement was] for improvements heretofore made, where the

action of assumpsit has been instituted under the provisions of

prior acts of Assembly, and where the claim was not barred by

20110SB0874PN0890	- 540 -

the statute of limitations affecting actions of assumpsit.

Section 399. Section 4602 of the act is amended to read:

Section 4602. Compromise of Municipal Claims[; Court

Approval.--Whenever].--(a) If any city has any municipal claim

entered in the office of the prothonotary as a lien against real

estate, [which said] and if the claim has existed for ten years

or more, council may[, with the approval of the court of common

pleas,] agree with the owner of [such] the real estate to

accept, in compromise or reduction of the amount of the claim

and the interest charges, expenses and fees added thereto and

due thereon, any sum less than the whole of such amount so due.

(b) Upon receipt of the compromise amount as agreed upon,

the city shall cause the lien to be properly satisfied on the

record, which satisfaction shall be as effective as if the whole

amount of the claim, interest, charges, expenses and fees had

been paid, and the claim shall no longer be a lien against the

real estate or a claim against the owner thereof.

municipal claims shall not apply to or in any manner affect any

claims, the assessments for which are the sole basis of

improvement bonds issued by any political subdivision and which

are the security for the payment thereof, or any claims, the

assessments for which have heretofore been assigned by any

political subdivision to any contractor in payment of the amount

due the contractor under terms of the contract for the

improvement for which the assessment was levied.

Section 400. Sections 4603 and 4604 of the act are repealed:

[Section 4603. Satisfaction.--Upon receipt of the compromise

amount so agreed upon and approved, the city shall cause the

lien to be properly satisfied on the record, which satisfaction

20110SB0874PN0890	- 541 -

shall be as effective as if the whole amount of the claim,

interest, charges, expenses and fees had been paid, and such

claim shall no longer be a lien against the real estate or a

claim against the said owner thereof.

Section 4604. Certain Claims Excluded.--The provisions of

sections four thousand six hundred two and four thousand six

hundred three shall not apply to or in any manner affect any

claims, the assessments for which are the sole basis of

improvement bonds issued by any political subdivision and which

are the security for the payment thereof, or any claims, the

assessments for which have heretofore been assigned by any

political subdivision to any contractor in payment of the amount

due him under terms of the contract for the improvement for

which the assessment was levied.]

Section 401. Article XLVII heading of the act is reenacted

to read:

ARTICLE XLVII

ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

Section 402. Section 4701 of the act is amended to read:

Section 4701. Repeals and Saving Clause.--(a) Nothing

contained in this act revives any act, or part of any act,

repealed by the act reenacted, amended or revised by this act.

(b) The following acts and parts of acts of Assembly are

hereby repealed as particularly set forth:

The act, approved the twenty-fifth day of March, one thousand

eight hundred seventy-eight (Pamphlet Laws 8), entitled "An act

authorizing cities of the third class to levy and collect taxes

for park purposes, and curing any defects in previous levies,"

absolutely.

The act, approved the thirty-first day of May, one thousand

20110SB0874PN0890	- 542 -

nine hundred nineteen (Pamphlet Laws 358, Number 172), "An act

to amend section three, article five of the act, approved the

twenty-seventh day of June, one thousand nine hundred thirteen

(Pamphlet Laws 568), entitled 'An act providing for the

incorporation, regulation, and government of cities of the third

class; regulating nomination and election of municipal officers

therein; and repealing, consolidating, and extending existing

laws in relation thereto,' by adding thereto clause forty-nine

relative to the collection and disposal of garbage, ashes, and

other waste and refuse matter," absolutely.

The act, approved the fourth day of June, one thousand nine

hundred nineteen (Pamphlet Laws 373), entitled "An act to amend

section three, article five of the act, approved the twenty-

seventh day of June, one thousand nine hundred thirteen

(Pamphlet Laws, five hundred and sixty-eight), entitled 'An act

providing for the incorporation, regulation, and government of

cities of the third class; regulating nomination and election of

municipal officers therein; and repealing, consolidating, and

extending existing laws in relation thereto,' by adding thereto

clause forty-nine, relative to appropriations for municipal

music," absolutely.

The act, approved the tenth day of March, one thousand nine

hundred twenty-one (Pamphlet Laws 29, Number 10), entitled "An

act for the relief of certain county treasurers and county tax

collectors, in the settlement of county, poor, and State taxes,

in cities of the third class," absolutely.

The act, approved the twenty-second day of April, one

thousand nine hundred twenty-seven (Pamphlet Laws 358), entitled

"An act authorizing and empowering cities of the third class to

recognize the moral obligation of the city to pay just claims

20110SB0874PN0890	- 543 -

against the city, although under existing laws no legal recovery

could be had against the city," absolutely.

Section seven hundred twenty-three of the act, approved the

first day of May, one thousand nine hundred twenty-nine

(Pamphlet Laws 905), entitled "An act for the protection of the

public safety; regulating the use of highways, and the operation

of vehicles, tractors, street cars, trackless trolley omnibuses,

bicycles, pedestrians, and the riding of animals upon the

highways of this Commonwealth; providing for the titling,

including liens, encumbrances, and legal claims; registration of

certain vehicles and licensing the operators thereof, upon

payment of prescribed fees; prescribing and limiting the powers

of local authorities to deal with the subject matter of this

act; conferring powers and imposing duties upon the Department

of Revenue, the Department of Highways, peace officers, mayors,

burgesses, magistrates, aldermen, justices of the peace, the

courts and the clerks thereof, owners of vehicles, and garage

keepers; providing that records are admissible as evidence;

imposing upon owners, counties, cities, boroughs, incorporated

towns, townships, within the Commonwealth, liability for damages

caused by the negligent operation of their motor vehicles;

imposing penalties; imposing certain costs upon counties;

providing for the disposition of fines, forfeitures, fees, and

miscellaneous receipts; making an appropriation and providing

for refunds," in so far as inconsistent with the provisions of

this act.

The act, approved the seventeenth day of May, one thousand

nine hundred twenty-nine (Pamphlet Laws 1801), entitled "An act

authorizing cities of the third class to provide, by ordinance,

for the payment for public work or improvements heretofore made

20110SB0874PN0890	- 544 -

for or furnished to the city, and accepted and used by the city,

where no legal or valid contract was entered into as required by

law," absolutely.

The act, approved the twenty-second day of May, one thousand

nine hundred thirty-three (Pamphlet Laws 923), entitled "An act

to authorize cities of the third class to sue out writs of scire

facias on certain municipal claims, where more than five years

have elapsed since said claims were filed, and to reduce such

claims to judgment; and providing for the revival and collection

of such judgments," absolutely.

The act, approved the thirty-first day of May, one thousand

nine hundred thirty-three (Pamphlet Laws 1108, Number 272),

entitled "An act providing for the appointment, promotion,

reduction, removal and reinstatement of paid officers, firemen

and employes of fire departments and of fire alarm operators and

fire box inspectors in the bureaus of electricity in cities of

the third class; defining the powers and duties of civil service

commissions for such purposes; and fixing penalties,"

absolutely.

The act, approved the sixteenth day of May, one thousand nine

hundred thirty-five (Pamphlet Laws 176, Number 82), entitled "An

act requiring cities of the second and third class to allow

members of the police departments, twenty-four consecutive hours

of rest each week, and fourteen days vacation each year, except

in emergency cases," so far as it relates to cities of the third

class.

The act, approved the first day of May, one thousand nine

hundred thirty-nine (Pamphlet Laws 40), entitled "An act to

amend the title and the act, approved the sixteenth day of May,

one thousand nine hundred thirty-five (Pamphlet Laws, one

20110SB0874PN0890	- 545 -

hundred seventy-six), entitled 'An act requiring cities of the

second and third class to allow members of the police

departments, twenty-four consecutive hours of rest each week,

and fourteen days vacation each year, except in emergency

cases,' extending the provisions of said act to cities of the

second class A," so far as it relates to cities of the third

class.

Sections six hundred eighty-two and six hundred ninety of the

act, approved the twenty-fourth day of June, one thousand nine

hundred thirty-nine (Pamphlet Laws 872), entitled "An act to

consolidate, amend and revise the penal laws of the

Commonwealth," so far as they relate to cities of the third

class and are inconsistent with the provisions of this act.

The act, approved the twenty-third day of May, one thousand

nine hundred forty-five (Pamphlet Laws 907), entitled "An act

authorizing cities of the third class, with the approval of the

court of common pleas, to accept less than the full amount of

certain municipal claims filed as a lien against real estate in

compromise settlements thereof," absolutely.

The act, approved the second day of May, one thousand nine

hundred forty-seven (Pamphlet Laws 149), entitled "An act

authorizing cities to enact ordinances prohibiting smoking or

the carrying of lighted cigarettes, cigars, pipes or matches or

using matches or other fire producing devices in certain retail

stores within such cities and to provide penalties therefor," so

far as it relates to cities of the third class.

or inconsistent with the provisions of this act are hereby

repealed. It is the intention that this act shall furnish a

complete and exclusive system for the government and regulation

20110SB0874PN0890	- 546 -

of cities of the third class, except as to the several matters

enumerated in section [one hundred and three of this act] 103.

[But nothing] (d) Nothing contained in this act shall be

construed to repeal any local or special laws; or to repeal the

provisions of 66 Pa.C.S. Pt. I, known as the Public Utility

[Law] Code; or any law relating to the Board of Commissioners of

Navigation for the River Delaware and its navigable tributaries;

or the provisions of any law, the enforcement of which is vested

in the Department of Health or the [Sanitary Water Board]

Department of Environmental Protection; or the provisions of any

law, the enforcement of which is vested in the Department of

[Forests and Waters] Conservation and Natural Resources [or the

Water and Power Resources Board]; or the provisions of 74

Pa.C.S. Pt. III, Ch. 59, Subch. B, known as the Airport Zoning

Act; [or any of the provisions of the act, approved the thirty-

first day of May, one thousand nine hundred thirty-three

(Pamphlet Laws 1108); or any of the provisions of the act,

approved the thirteenth day of May, one thousand nine hundred

thirty-seven (Pamphlet Laws 620); or any of the provisions of

the act, approved the second day of July, one thousand nine

hundred thirty-seven (Pamphlet Laws 2803),]; or any of the

provisions of the act, approved [the twenty-third day of May,

one thousand nine hundred forty-five (Pamphlet Laws 903)] May

23, 1945 (P.L.903, No.362); or any amendments or supplements of

them; or any laws or parts of laws pertaining to civil defense.

Section 403. Termination and continuation of civil service

boards. Civil service boards shall be terminated and continued

as follows:

(1) All civil service boards created prior to the

effective date of this section, and pursuant to the act,

20110SB0874PN0890	- 547 -

whether for uniformed or nonuniformed employees, or pursuant

to the act of May 31, 1933 (P.L.1108, No.272) entitled "An

act validating sheriff's sales of real estate on judgments of

foreclosure in scire facias sur mortgage cases when the

release of the mortgagor from liability was not filed with

the praecipe," shall be abolished except as provided in

paragraph (2).

(2) No civil service board before which proceedings

under section 4408 of the act or under section 10 of the act

of May 31, 1933 (P.L.1108, No.272), have been initiated or

are pending as of the effective date of this section may be

abolished until the conclusion of those proceedings before

the respective board.

(3) Any civil service proceedings initiated after the

effective date of this section shall be before the new civil

service board created in accordance with Article XLIV of the

act.

Section 404. This act shall take effect in 60 days.

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