1Reenacting and amending the act of June 23, 1931 (P.L.932,
2No.317), entitled "An act relating to cities of the third
3class; and amending, revising, and consolidating the law
4relating thereto."

5TABLE OF CONTENTS

6ARTICLE I

7PRELIMINARY PROVISIONS

8Section 101. Short Title.

9Section 102. Definitions.

10Section 103. Excluded Provisions.

11Section 104. Construction of Act Generally to Preserve Existing
12Situations.

13Section 105. Constitutional Construction.

14Section 106. Construction of References.

15Section 107. Cities to Which Act Applies.

16Section 108. Effective Date.

17Section 109. Publication of Notices.

18ARTICLE II

19PROCEDURES FOR INCORPORATION

1Section 200. Definitions.

2Section 201. Creation of Cities.

3Section 203.1. Incorporating Resolution.

4Section 204. Resolution Certified to County Board of Election;
5Form of Question.

6Section 204.1. Notice of Election.

7Section 205. Returns of Election.

8Section 206. Effect of Vote Against Incorporating as City.

9Section 207. Governor to Issue Letters Patent; Boundaries.

10Section 208. Property of Entities Vested in City.

11Section 209. Existing Governments Temporarily Preserved; City
12Organization.

13Section 210. Existing Liabilities, Debts and Claims Transferred
14to New City.

15ARTICLE III

16CHANGE OF CORPORATE TITLE

17Section 301. Resolution and Petition to Change Corporate Title.

18Section 302. Hearing; Decree.

19Section 303. Recording Decree.

20Section 304. Existing Rights and Liabilities Preserved.

21ARTICLE IV

22CREATION AND DIVISION OF WARDS

23Section 401. General Power of Council in Creation or Division
24of Wards.

25Section 401.1. Petition of Registered Voters.

26Section 402. (Reserved).

27Section 403. Appointment of Commission.

28Section 403.1. Expenses of Commissioners.

29Section 403.2. Report.

30Section 404. Election.

1Section 405. Notice of Election; Review of Report.

2Section 406. Election Laws to Apply.

3Section 407. Computing Vote; Return; Resubmission of Question.

4Section 408. Change of Ward Lines by Council.

5Section 409. Pennsylvania Election Code.

6ARTICLE VI

7CITY BOUNDARIES

8Section 601. Navigable Stream Boundaries.

9Section 602. Court to Establish Disputed Boundaries.

10Section 603. Petition to Court; Commissioners; Report.

11Section 604. Exceptions and Procedure.

12Section 605. Pay and Expenses of Commissioners.

13Section 606. Boundary Monuments.

14ARTICLE VII

15ELECTED OFFICERS AND ELECTIONS

16Section 701. Elected Officers; Term; Eligible to Reelection;
17Vacancies Where Elected Officer Fails to Qualify.

18Section 702. First Elections in Newly Created Cities.

19Section 703. Nominations and Elections.

20Section 704. Certificates of Election.

21ARTICLE VIII

22VACANCIES IN OFFICE

23Section 801. Vacancies in Council and Office of Mayor.

24Section 802. Vacancy in Office of Controller or of Treasurer.

25ARTICLE IX

26GENERAL PROVISIONS RELATING TO CITY

27OFFICERS AND EMPLOYES

28Section 901. Appointment and Removal of Officers and Employes;
29Removal From Elective Office; Employes Not to Hold
30Elective Office.

1Section 902. Officers and Employes; Number; Duties;
2Compensation.

3Section 903. Changes in Salary, Compensation and Emoluments of
4Officers.

5Section 904. Offices to be Held until Qualification of
6Successors.

7Section 905. Oath of Office; Violation of Oath; Penalty.

8Section 906. Bond to be Given by Officers and Agents.

9Section 907. Surety Bonds; Insurance; Premiums.

10Section 908. Officers not to Become Surety on Bonds Given to
11City; Penalty.

12Section 909. Moneys and Accounts to be Delivered by Officer to
13Successor.

14Section 916. Municipal League and Other Municipal Affairs
15Organizations.

16Section 917. Powers of Subpoena; Compelling Testimony.

17Section 918. Consolidation or Integration of Fire and Police
18Personnel Prohibited.

19ARTICLE X

20THE COUNCIL

21(a) General Provisions

22Section 1001. Qualifications of Council Members.

23Section 1002. Vesting of Legislative Power.

24Section 1003. Organization of Council.

25Section 1004. Oath of Council Members; Quorum; Rules.

26Section 1005. Meetings of Council; Notice; Participation by
27Telecommunication Device.

28Section 1015. Attendance of Witnesses and Production of Books
29Before Council or Committee of Council.

30Section 1016. Salaries.

1Section 1016.1. Appointment of City Clerk.

2(a.1) Ordinances

3Section 1018.1. Ordinances and resolutions.

4Section 1018.2. Voting; no veto; vote necessary to enact
5ordinances or adopt resolutions.

6Section 1018.3. Journal of proceedings; recording and
7withholding of vote.

8Section 1018.4. Signing and attesting ordinances.

9Section 1018.5. Proposed ordinances; titles.

10Section 1018.6. Reading of proposed ordinances; final
11enactment.

12Section 1018.7. Payments not authorized by law.

13Section 1018.8. Time of taking effect of ordinances.

14Section 1018.9. Publication of proposed ordinances.

15Section 1018.10. Filing of proposed ordinances.

16Section 1018.11. Records of ordinances maintained by city
17clerk.

18Section 1018.12. Proof and evidence.

19Section 1018.13. Standard or nationally recognized codes.

20Section 1018.14. Maps, plans or drawings.

21Section 1018.15. Codification of ordinances.

22Section 1018.16. Enforcement of ordinances; recovery and
23payment of fines and penalties.

24Section 1018.17. Penalty.

25(b) Initiating Ordinances by Electors

26Section 1030. Initiation of Proposed Ordinances by Petition;
27Exceptions.

28Section 1031. Petition; Notice.

29Section 1032. Signing; Oath.

30Section 1033. Number of Signatures; Examination and Certificate

1by City Clerk.

2Section 1034. Submission to Council.

3Section 1035. Actions by Council; Notices.

4Section 1036. Form of Ballot on Submission to Vote.

5Section 1037. Effect of Majority Vote.

6Section 1038. No Repeal Within Two Years.

7Section 1039. Number of Proposed Ordinances to be Submitted;
8Elections Limited.

9Section 1040. Submission for Repeal by Council.

10Section 1041. Publication of Proposed Ordinance; Repeal or
11Amendment.

12(c) Reconsidering Ordinances by Electors

13Section 1050. Time Ordinances Go Into Effect.

14Section 1051. Petition; Reconsideration of Ordinance.

15Section 1052. Preparation of Petition by City Clerk; Notice.

16Section 1053. Additional Petitions.

17Section 1054. Signatures; Oath; Time of Signing.

18Section 1055. Presentation of Petition to Council.

19Section 1056. Ascertainment of Number of Signers; Report.

20Section 1059. Effect of Petition; Submission to Voters.

21Section 1060. Certification to County Board of Elections;
22Ballots or Ballot Labels; Expense of Elections.

23Section 1061. Form of Ballot or Ballot Label.

24Section 1062. Computing and Filing Returns.

25Section 1063. Effect of the Vote.

26Section 1064. Publication of Ordinance Before Election.

27ARTICLE XI

28THE EXECUTIVE DEPARTMENT

29Section 1101. Executive Departments.

30Section 1102. Determination of Powers and Duties of

1Departments.

2Section 1103. Designation of Department Directors; Changes.

3Section 1104. Department Directors Responsible for City
4Property and Supplies; Perpetual Inventory Reports.

5Section 1105. Quarterly Reports from Directors of Departments.

6ARTICLE XII

7THE MAYOR

8Section 1201. Qualifications.

9Section 1202. Chief Executive; Inauguration.

10Section 1203. Execution of Laws; Powers of Sheriff Conferred;
11Emergency Powers.

12Section 1204. Official Seal of Mayor.

13Section 1205. Supervision of Conduct of City Officers.

14Section 1206. Report of Mayor to Council; Information from
15Directors of Departments.

16Section 1207. Power to Take Acknowledgments and Oaths and to
17Formalize Marriages.

18Section 1208. Salary.

19Section 1209. Acting Mayor; Powers and Duties.

20ARTICLE XII-A

21CITY ADMINISTRATOR OR MANAGER

22Section 1201-A. Office of city administrator or manager.

23Section 1202-A. Appointment; selection; removal.

24Section 1203-A. Employment agreement.

25Section 1204-A. Residency and elective city office.

26Section 1205-A. Powers and duties.

27ARTICLE XIV

28THE CITY TREASURER

29Section 1401. Qualifications.

30Section 1402. Bond; Insurance; Salary.

1Section 1402.1. City Treasurer to be Tax Collector.

2Section 1402.2. Date of Delivery of Duplicate; Collection.

3Section 1402.3. Tax Liens; Schedule of Uncollected Taxes;
4Liability for False Return.

5Section 1403. Receipt and Payment of Moneys; Daily Transmittal
6of Receipts; Duplicates.

7Section 1404. Method of Keeping Accounts.

8Section 1405. Moneys Appropriated Only to be Paid Out.

9Section 1406. Depositories of City Funds Entrusted to the
10Treasurer by City Council.

11Section 1407. Delivery of City Property in Treasurer's
12Possession to Successor.

13Section 1408. Appointment of Deputy Treasurer and Employes;
14Powers; Responsibility.

15ARTICLE XV

16THE CITY ENGINEER

17Section 1501. Appointment of City Engineer.

18Section 1502. Control of Engineering Matters.

19Section 1503. Duties.

20Section 1504. Certifying Commencement and Completion of
21Municipal Improvements.

22Section 1505. Surveys; Entering Upon the Lands of Others.

23ARTICLE XVI

24THE CITY SOLICITOR

25Section 1601. Appointment of City Solicitor.

26Section 1602. Direction of Legal Matters.

27Section 1603. Duties.

28Section 1604. Written Opinions to be Furnished.

29Section 1607. Satisfaction of Liens Due City.

30Section 1609. Assistant Solicitor.

1Section 1610. Special Counsel.

2ARTICLE XVII

3THE CITY CONTROLLER

4AND INDEPENDENT AUDITOR

5(a) City Controller

6Section 1701. Qualifications; Bond; Compensation.

7Section 1704. Powers and Duties.

8Section 1704.1. Deputy Controller; Employes.

9Section 1704.2. Temporary Deputy Controller.

10Section 1704.3. Continuation of Office.

11(b) Independent Auditor

12Section 1704.11. Appointment of Independent Auditor.

13Section 1704.12. Powers and Duties of Independent Auditor.

14Section 1705. Annual Report to Council; Filing Copy in Court
15and Appeal.

16ARTICLE XVIII

17ACCOUNTS AND FINANCES

18Section 1801. Fiscal Year.

19Section 1802. Chief Fiscal Officer; Bond; Administering Oaths.

20Section 1803. Deputy.

21Section 1804. Regulations Concerning Appropriation.

22Section 1804.1. Investment of City Funds.

23Section 1805. Countersigning Documents; Money Available;
24Evidence Required.

25Section 1806. Record of Assets, Property, Trusts, Debts Due,
26Receipts and Expenditures.

27Section 1807. Supervision of Accounts of Departments.

28Section 1808. Suggestions for Improvement of City Finances.

29Section 1809. Annual Budget; Presentation to Council; Notice;
30Revision; Adoption.

1Section 1810. Amending Budget; Notice.

2Section 1811. Appropriations; Tax Rate; Limitations.

3Section 1811.2. Borrowing in Anticipation of Current Revenue.

4Section 1812. Annual Reports; Publication; Filing Report with
5Department of Community and Economic Development;
6Penalty.

7Section 1813. Committee to Prepare Uniform Forms.

8Section 1814. Annual Reports to Council on Insurance and Bonds.

9ARTICLE XIX

10CONTRACTS

11Section 1901. Power to Make and Regulate Awarding of Contracts.

12Section 1901.1. Contracts or Purchases in Excess of Base Amount 
13of Eighteen Thousand Five Hundred Dollars.

14Section 1901.2. Contracts or Purchases Not in Excess of Base 
15Amount of Eighteen Thousand Five Hundred Dollars.

16Section 1901.3. Determining Amount of Contract.

17Section 1901.4. Contracts or Purchases Not Requiring
18Advertising or Bidding.

19Section 1901.5. Receipt, Opening, Award or Rejection of Bids.

20Section 1901.6. Bid, Performance and Payment Security.

21Section 1901.7. Compliance With Other Laws.

22Section 1901.8. Prohibitions.

23Section 1901.9. Lowest Responsible Bidder.

24Section 1902. Evasion of Advertising Requirements.

25Section 1903.1. Adjustment to Base Amount Based on Consumer
26Price Index for All Urban Consumers.

27Section 1906. Designation of Appropriations; Certification in
28Excess of Appropriation; Contracts for Governmental
29Services for More than One Year.

30Section 1908.1. Purchase Contracts for Petroleum Products; Fire

1Company, Etc., Participation.

2Section 1909. Separate Bids for Plumbing, Heating, Ventilating
3and Electrical Work, Elevators and Escalators.

4Section 1910. Acceptance by Contractor of Workers' Compensation
5Act.

6Section 1911. Contracts for Improvements; Assignment of
7Assessments.

8Section 1912. Architects and Engineers in Employ of City;
9Prohibitions from Bidding on Public Works; Penalty.

10Section 1916. Contracts with Passenger or Transportation
11Companies.

12Section 1917. Sales of Real and Personal Property.

13Section 1919. Sale of Real and Personal Property to Certain
14Entities.

15ARTICLE XX

16POLICE FORCE

17Section 2001. Appointment, Number, Rank, Compensation and
18Qualifications of Police Officers.

19Section 2002. Designation of Chief.

20Section 2003. Extra Police Officers; Compensation.

21Section 2005. Powers of Police Officers to Arrest.

22Section 2006. Service of Process; Fees; Payment into Treasury.

23Section 2007. Supervision by Mayor.

24Section 2008. Extra Compensation Prohibited; Exception;
25Penalty.

26Section 2009. Compensation or Insurance for Volunteer Police
27Officer.

28Section 2010. School Crossing Guards.

29ARTICLE XXI

30FIRE BUREAU

1Section 2101. Organization of Fire Bureau; Maintenance;
2Apparatus.

3Section 2101.1. Appointment and Demotion of Fire Chief.

4Section 2102. Paid Bureau; Election of Officers and Companies.

5Section 2103. Platoon System; Hours of Service.

6Section 2104. Fire Marshal; Powers.

7Section 2105. Obstructing Fire Marshal; Fine.

8Section 2106. Investigation of Cause of Fire; Power of Mayor.

9Section 2107. Fire Chief Ex-officio Fire Marshal.

10Section 2108. Compensation Insurance for Injured Volunteer
11Firefighters or Special Fire Police.

12Section 2109. Salary of Nonunion City Fire Officers.

13ARTICLE XXII

14SURVEYS AND SURFACE SUPPORT

15IN COAL MINING AREAS

16Section 2203. Survey of Mines.

17Section 2204. Operators to Furnish Maps; Contents.

18Section 2205. Extensions to be Placed on Maps.

19Section 2206. Certain Surface Supports Not to be Removed.

20Section 2207. Penalty for Surface Support Violations.

21Section 2209. Enactment of Ordinances.

22ARTICLE XXIII

23PUBLIC HEALTH

24(a) Board of Health

25Section 2301. Board of Health.

26Section 2302. Members of Appointed Boards of Health.

27Section 2303. Oath of Office; Organization; Secretary.

28Section 2304. Duties of Secretary.

29Section 2305. Health Officer; Qualifications; Oath.

30Section 2306. Duties of Health Officer.

1Section 2307. Duties of Board of Health.

2Section 2308. Powers of Board of Health.

3Section 2309. Effect of Rules and Regulations.

4Section 2310. Fees and Penalties.

5Section 2311. Proceedings of Board to be Public.

6(b) Public Nuisances Detrimental

7to Public Health

8Section 2320. Determination of Public Nuisances.

9Section 2321. Abatement of Public Nuisances by Designated
10Department.

11(c) Corporations Acting as Boards of Health

12Section 2330. Board of Directors of Corporation to be Appointed
13Members of Board of Health.

14Section 2332. Power of Board.

15Section 2333. Health Officer.

16Section 2334. Secretary.

17Section 2335. Filling of Vacancies.

18Section 2337. No Compensation for Members.

19Section 2338. Applicability of Subdivision.

20(d) Penalty

21Section 2340. Penalty.

22ARTICLE XXIV

23CORPORATE POWERS

24Section 2402. Powers of Cities.

25Section 2402.1. City Property and Affairs.

26Section 2403. Payment of Debts and Expenses.

27Section 2404. Creation of Capital and Operating Reserve Funds.

28Section 2405. Hiring of Employes; Salaries.

29Section 2406. Creation of Necessary Offices or Boards.

30Section 2407. Lockups.

1Section 2408. Market Places.

2Section 2409. Accumulation of Ashes, Garbage, Solid Waste and
3Refuse Materials.

4Section 2410. Regulation of Pets and Feral Animals.

5Section 2411. Inspection and Regulation of Fireplaces,
6Chimneys, Et Cetera; Smoke Regulations.

7Section 2412. Fireworks and Flammable Articles.

8Section 2413. Regulation of Division Fences, Party Walls,
9Foundations.

10Section 2414. Nuisances.

11Section 2415. Regulation of Encroachments.

12Section 2416. Shade Trees.

13Section 2417. Numbering of Buildings.

14Section 2418. Transportation Stands.

15Section 2419. Police Force.

16Section 2420. Police Regulations.

17Section 2421. Rewards.

18Section 2422. Prevent Riots.

19Section 2423. Regulate Discharge of Guns and Deadly Weapons.

20Section 2424. Racing; Dangerous Practices; Et Cetera.

21Section 2425. Bathing; Recreational Swimming Establishments;
22Boat Houses and Bath Houses.

23Section 2426. Musical Entertainment.

24Section 2427. Aid to Historical Societies.

25Section 2428. Establishment of Institutions to Collect
26Educational Collections.

27Section 2429. Ambulances and Rescue and Life Saving Services.

28Section 2430. Insurance.

29Section 2431. Parking Lots.

30Section 2432. Disorderly Conduct.

1Section 2433. Official Expenses on City Business.

2Section 2434. Municipality Authorities; Cooperation with Other
3Political Subdivisions.

4Section 2435. Local Self-Government.

5Section 2436. Historical Property.

6Section 2437. Appropriations for Handling, Storage and
7Distribution of Surplus Foods.

8Section 2438. Junk Dealers and Junk Yards.

9Section 2439. Appropriations for Industrial Promotions.

10Section 2440. Non-debt Revenue Bonds.

11Section 2441. Appropriations for Urban Common Carrier Mass
12Transportation.

13Section 2442. Appropriation for Nonprofit Art Corporation.

14Section 2443. Ratification and Validation of Real Estate Sales.

15Section 2444. Maintenance and Validation of Certain Records.

16Section 2445. Rights Within Streets and Rights-of-Way.

17Section 2446. Emergency Services.

18Section 2447. Charitable Purposes.

19ARTICLE XXV

20TAXATION

21(a) Assessments of Property for Taxation

22Section 2522. Assessment Powers.

23(b) Levy and Collections

24Section 2531. Tax Levies.

25Section 2531.1. Exemptions from Taxation.

26Section 2531.2. Certification of Schedule.

27(c) Sales of Real Estate for Delinquent Taxes

28Section 2542.1. Public Sale of Property to Satisfy Tax Claims.

29Section 2543. Certification of Schedules to Treasurer.

30Section 2546. Record of Sales and Resale.

1Section 2562.1. Conduct of Tax Sales.

2ARTICLE XXVI

3LICENSES AND LICENSE FEES

4Section 2601. Licensing and Regulatory Powers.

5Section 2601.1. Registration of Businesses or Occupations.

6Section 2602. Regulation of Motor Vehicles.

7Section 2603. Licensing of Plumbers.

8Section 2604. Power to Regulate and License Transient
9Merchants.

10Section 2605. Regulation of Special Events.

11Section 2650. Regulation of Parking Lot and Parking Garage
12Operators.

13Section 2651. Farmers.

14Section 2652. Insurance Business.

15Section 2653. Persons Taking Orders by Samples.

16Section 2654. Commonwealth License Saved.

17ARTICLE XXVII

18REAL ESTATE REGISTRY

19Section 2704. Real Estate Registry.

20ARTICLE XXVII-A

21NUISANCE ABATEMENT

22Section 2701-A. Definitions.

23Section 2702-A. Report and investigation of public nuisance.

24Section 2703-A. Summary abatement.

25Section 2704-A. Prior notice of abatement.

26Section 2705-A. Abatement by owner.

27Section 2706-A. Appeal after notice; hearing.

28Section 2707-A. Abatement by city after notice; statement of
29costs.

30Section 2708-A. Assistance in abatement.

1Section 2709-A. Salvage of material.

2Section 2710-A. Notice of assessment; appeal of charges.

3Section 2711-A. Personal liability of owner.

4Section 2712-A. Administrative fee and civil penalties.

5ARTICLE XXVIII

6EMINENT DOMAIN

7Section 2801. Exercise of Eminent Domain.

8Section 2802. Restrictions as to Certain Property.

9Section 2803. Title Acquired.

10Section 2824. Assessment Awards.

11ARTICLE XXIX

12STREETS

13Section 2901. Map of Streets.

14Section 2902. Laying Out Streets.

15Section 2903. Effect of Laying Out of Street.

16Section 2904. Improvements Within Laid-Out Streets.

17Section 2915. Power to Open, Etc.

18Section 2916. Ordinances When No Petition is Presented.

19Section 2917. Erection of Improvements Restricted.

20Section 2918. Petition for Opening, Etc.

21Section 2919. Notice of Petition.

22Section 2922. Assessment of Damages and Benefits.

23Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.

24Section 2931. Payment of Cost of Improvement.

25Section 2938. Preparation of Streets for Paving or Repairing.

26Section 2939. Highways in Cities.

27Section 2950. Grade Crossing; Pennsylvania Public Utility
28Commission; Jurisdiction; Damages.

29Section 2955. Acquisition of Unobstructed Views.

30Section 2960. Use of Abutting Lands for Embankments, Slopes,

1Fills, and Culverts.

2Section 2970. Appropriation for Connections with Highways.

3Section 2975. Street Closings; Detours.

4Section 2985. Maintenance of Streets Forming Boundaries.

5Section 2986. Streets, the Center Line of Which Is the Boundary
6Between City and Another Municipal Corporation.

7Section 2988. Streets More Than Half of Whose Width is Within
8City.

9Section 2989. Assessment for Improvements on Property Outside
10Limits Where Street Entirely Within City.

11ARTICLE XXX

12SIDEWALKS

13Section 3001. Power to Lay Out and Grade Sidewalks; Compel
14Construction of Sidewalks.

15Section 3002. Construction by Cities Upon Failure of Owner So
16to Do; Collection of Cost.

17Section 3002.1. Ordinances.

18Section 3003. Emergency Repairs; Notice; Cost.

19ARTICLE XXXI

20BRIDGES

21Section 3101. Construction and Maintenance of Bridges.

22Section 3102. Ordinance for Location of Bridges; Procedure.

23Section 3103. Right to Appropriate Property; Assessment of
24Damages.

25Section 3110. Agreement for Joint Construction and Maintenance.

26Section 3114. Recording of Contract.

27Section 3115. Power to Construct Boundary Bridges.

28Section 3135. Acquisition of Existing Bridges.

29ARTICLE XXXII

30SANITARY SEWERS

1Section 3201. Construction of Sanitary Sewers; Cost; Eminent
2Domain.

3Section 3201.1. Required Connection; Fees.

4Section 3206. Construction of Sanitary Sewage Treatment Works;
5Assessment of Cost.

6Section 3213.1. Rental Fees or Charges.

7Section 3222.1. Acquisition of Existing Sanitary Sewer Systems.

8Section 3230. Sewers Outside Cartway and Curb Lines.

9Section 3240. Building Joint Sewers.

10Section 3241. Approval of Department of Environmental
11Protection.

12Section 3245.1. Municipal Corporation; Municipal Authority;
13Agreements for Connections; Appointment of Viewers.

14Section 3250. Sewers Extending Outside of City.

15ARTICLE XXXIV

16WATERCOURSES, FLOOD PROTECTION PROJECTS

17AND STORM WATER SYSTEMS

18Section 3401. Establishing and Changing Watercourses, Flood
19Protection Projects and Storm Water Systems; Removing
20Obstructions.

21Section 3407. Assessment of Benefits; Liens.

22Section 3408. Waters Excepted.

23ARTICLE XXXV

24UTILITY SERVICE

25Section 3501.1. Right to Furnish Water, Lighting, Electric, Gas
26or Other Similar Utility Service.

27Section 3540.1. Power to Furnish Utilities to Consumers Outside
28City.

29Section 3585. Payment of Cost of Extensions.

30Section 3587. Fixing Rates.

1Section 3588. Collection of Utility Charges.

2Section 3590. Disposition of Revenues.

3ARTICLE XXXVI

4PUBLIC BUILDINGS AND WORKS

5Section 3601. Public Buildings Generally.

6Section 3603. Payment of Cost of Erection and Maintenance.

7Section 3605. Donation of Land by City for Library Purposes;
8Contributions toward Maintenance.

9Section 3606. Rental of Public Auditorium; Disposition of
10Proceeds.

11Section 3607. Long-Term Improvement Leases.

12ARTICLE XXXVII

13PARKS, PLAYGROUNDS, AND RECREATION CENTERS

14Section 3703. Acquisition of Lands and Buildings.

15Section 3703.1. Powers of Council; Delegation.

16Section 3705. Creation and Composition of Recreation Board.

17Section 3706. Organization of Board.

18Section 3707. Joint Ownership and Maintenance.

19Section 3708. Borrowing.

20Section 3709. Maintenance and Tax Levy.

21Section 3709.1. City Trusts.

22Section 3718. Park Rangers.

23ARTICLE XLI-A

24UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,

25AND RESERVED POWERS

26Section 4101-A. Primacy of certain codes.

27Section 4102-A. Changes in Uniform Construction Code.

28Section 4103-A. Public nuisance.

29Section 4104-A. Property maintenance code.

30Section 4105-A. Reserved powers.

1ARTICLE XLII

2AERONAUTICS

3Section 4201. Power to Acquire Land for Aeronautical Purposes;
4Maintenance of Municipal Airport.

5Section 4203. Leasing of Land Acquired for Aeronautical
6Purposes.

7Section 4204. Operation of Facilities Jointly.

8Section 4205. Appropriation for Support of Air Navigation
9Facilities.

10ARTICLE XLIII

11PENSIONS

12(a) Police

13Section 4301. Police Pension Fund.

14Section 4302. Retirement; Final Discharge.

15Section 4302.1. Limited Vested Benefit.

16Section 4303. Allowances and Service Increments.

17Section 4303.1. Increase of Allowances After Retirement.

18Section 4303.2. Total Disability.

19Section 4304. Inalienable Rights in Fund.

20Section 4305. Payments to Police Pension Fund by City.

21Section 4306. Management of Police Pension Fund.

22Section 4307. Trusts for Benefit of Police Pension Fund.

23Section 4308. Repayment Before Retirement.

24Section 4309. Definitions.

25(b) Firefighters

26Section 4320. Firefighters' Pension Fund; Management; Annuity
27Contracts.

28Section 4320.1. Limited Vested Benefit for Firefighters.

29Section 4321. Retirement; Final Discharge.

30Section 4322. Pensions and Service Increments.

1Section 4322.1. Increase of Allowances After Retirement.

2Section 4323. Causes for Forfeiture of Rights in Fund; Other
3Employments.

4Section 4324. Payments to Firefighters' Pension Fund by City.

5Section 4325. Transfers from Other Pension Funds.

6Section 4326. Trusts for Benefit of Firefighters' Pension Fund.

7Section 4327. Repayment Before Retirement.

8Section 4328. Definitions.

9(c) Pension Funds for Employes Other Than

10Police Officers and City-Paid Firefighters

11Section 4340. Pension Funds for Employes other than Police or
12City-Paid Firefighters.

13Section 4341. Pension Board; Duties.

14Section 4342. Retirement Age.

15Section 4343. Retirement Allowance; Proof of Disability; Joint
16and Single Coverage Members Defined.

17Section 4343.1. Retirement Allowances; Full Coverage; Payments.

18Section 4343.2. Limited Vested Benefit.

19Section 4344. Amount of Payments into Fund; Repayment before
20Retirement.

21Section 4344.1. Determination of Liability Upon Extension of
22Social Security.

23Section 4345. Payments by Laborers Optional.

24Section 4346. Heads of Departments to Certify List of Employes.

25Section 4347. Receipt, Investment and Payment of Funds.

26Section 4348. Appropriations and Contributions to Fund.

27Section 4349. Application.

28Section 4350. Computation of Time of Service.

29Section 4351. Funds Payable to be Free of Attachment.

30Section 4352. Definitions.

1Section 4353. Beneficiaries of Fund not to be Employed by City.

2(d) Beneficiaries Serving in Elective Office

3Section 4361. Right to a Pension if Salary Refused.

4ARTICLE XLIV

5CIVIL SERVICE

6Section 4401. Examinations Required of All Appointees.

7Section 4402. Appointment of Examining Board.

8Section 4402.1. Existing Civil Service Positions.

9Section 4403. Terms; Filling of Vacancies; Compensation;
10Quorum.

11Section 4403.1. Alternate Board Members.

12Section 4403.2. Investigations and Subpoenas.

13Section 4404. Rules and Regulations; Examinations.

14SECTION 4404.1. Physical and Psychological Medical
15Examinations.

16Section 4405.1. Veterans' Preference.

17Section 4406. Selection of Appointee from Certified List of
18Applicants.

19Section 4406.1 Promotions.

20Section 4407. Tenure; Temporary Appointments.

21Section 4408. Suspension, Discharge and Discipline; Reduction
22of Employes; Appeals.

23Section 4409. Secretary; Compensation.

24Section 4410. Review of Eligibility Lists.

25ARTICLE XLIV-A

26VETERANS' AFFAIRS

27(a) Support of Veterans' Organizations

28Section 4401-A. Appropriation to post of veterans.

29Section 4402-A. Rooms for meetings of veterans.

30(b) Pennsylvania National Guard

1Section 4411-A. Support of Pennsylvania National Guard units.

2Section 4412-A. Assistance in erection of armories.

3Section 4413-A. Eminent domain for National Guard purposes.

4Section 4414-A. Lands for armory purposes.

5(c) Burials and Memorials

6Section 4421-A. Purchase of burial grounds for deceased service
7persons.

8Section 4422-A. Care of memorials.

9Section 4423-A. Memorial trees.

10Section 4424-A. Penalty for injury to memorial trees.

11ARTICLE XLV-A

12ASSESSMENTS FOR PUBLIC IMPROVEMENTS

13Section 4501-A. Authority to assess.

14Section 4502-A. Method of assessment.

15Section 4503-A. Notice of assessment.

16Section 4504-A. Appeals to court.

17Section 4505-A. Benefits and damages.

18Section 4506-A. Return by city of assessments paid on property
19unlawfully assessed.

20Section 4507-A. Payment of assessments in installments.

21Section 4508-A. Collection of assessments.

22ARTICLE XLVI

23COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND

24COMPROMISE OF CLAIMS

25Section 4601. Collection of Municipal Claims by Suit.

26Section 4602. Compromise of Municipal Claims.

27ARTICLE XLVII

28ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

29Section 4701. Repeals and Savings Clause.

30The General Assembly of the Commonwealth of Pennsylvania

1hereby enacts as follows:

2Section 1. Article I heading of the act of June 23, 1931
3(P.L.932, No.317), known as The Third Class City Code, reenacted
4and amended June 28, 1951 (P.L.662, No.164), is reenacted to
5read:

6ARTICLE I

7PRELIMINARY PROVISIONS

8Section 2. Sections 101, 102, 103, 104, 105, 106, 107, 108
9and 109 of the act are amended to read:

10Section 101. Short Title.--This act shall be known[,] and
11may be cited[,] as "The Third Class City Code."

12Section 102. Definitions.--The following words and terms, as
13used in this act, shall have the meanings herein assigned to
14them, unless the context clearly indicates otherwise:

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

16"Street," any street, avenue, boulevard, parkway, road, lane,
17court, alley, or public square within the city, and any highway
18within the city, as provided in section two thousand nine
19hundred thirty-nine of this act.

20"Highway," a state highway of the Commonwealth of
21Pennsylvania.

22"Bill," any] "Bill." Any proposed ordinance introduced in
23council.

24"City." A city of the third class.

25"Highway." A State highway of the Commonwealth.

26"Home Rule Charter and Optional Plans Law." The provisions
27of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and
28optional plan government) and, where applicable, the former act
29of April 13, 1972 (P.L.184, No.62), known as the "Home Rule
30Charter and Optional Plans Law."

1"Municipal authority" or "municipality authority." A body
2politic and corporate created under 53 Pa.C.S. Ch. 56 (relating
3to municipal authorities), under the former act of May 2, 1945
4(P.L.382, No.164), known as the "Municipality Authorities Act of
51945," or under the former act of June 28, 1935 (P.L.463,
6No.191), known as the "Municipality Authorities Act of one
7thousand nine hundred and thirty-five."

8"Municipal Claim and Tax Lien Law." The act of May 16, 1923
9(P.L.207, No.153), referred to as the Municipal Claim and Tax
10Lien Law.

11"Municipal corporation." A city, borough, incorporated town,
12or township.

13"Municipalities Planning Code." The act of July 31, 1968
14(P.L.805, No.247), known as the "Pennsylvania Municipalities
15Planning Code."

16"Municipality." A county, city, borough, incorporated town,
17or township.

18"Pennsylvania Construction Code Act." The act of November
1910, 1999 (P.L.491, No.45), known as the "Pennsylvania
20Construction Code Act."

21"Pennsylvania Election Code." The act of June 3, 1937
22(P.L.1333, No.320), known as the "Pennsylvania Election Code."

23"Street." Any street, avenue, boulevard, parkway, road,
24lane, court, alley or public square within the city, and any
25highway within the city to the extent that the city is legally
26responsible for it, pursuant to agreement or otherwise.

27Section 103. Excluded Provisions.--This act shall not be
28construed to repeal any acts relating to:

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

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

1indebtedness;

2(c) Conduct of elections;

3(d) Public schools, except the collection of school taxes by
4the city treasurer;

5(e) [Aldermen] (Reserved);

6(f) Constables;

7(g) The giving of municipal consent to public [service
8companies] utilities;

9(h) Weights and measures;

10(i) Validations of elections, bonds, ordinances, and acts of
11corporate officers;

12(j) Joint city and county buildings;

13(k) Libraries;

14(l) State highways;

15(m) The joint or several authorities or duties pertaining to
16cities as well as to other classes of political subdivisions by
17virtue of general acts of Assembly.

18Section 104. Construction of Act Generally to Preserve
19Existing Situations.--(a) The provisions of this act, so far as
20they are the same as those of existing laws, are intended as a
21continuation of such laws and not as new enactments. The repeal
22by this act of any act of Assembly, or part thereof, shall not
23revive any act, or part thereof, heretofore repealed or
24superseded, nor affect the corporate existence of any city
25heretofore incorporated. The provisions of this act shall not
26affect any act done, liability incurred, or right accrued or
27vested, or affect any suit or prosecution pending or to be
28instituted to enforce any right or penalty or punish any offense
29under the authority of such repealed laws. All ordinances,
30resolutions, regulations and rules made pursuant to any act of

1Assembly repealed by this act[,] shall continue with the same
2force and effect as if such act had not been repealed. Any
3person holding office or position under or by virtue of any act
4of Assembly repealed by this act shall continue to hold such
5office or position until the expiration of the term thereof,
6subject to the conditions and tenure attached to such office or
7position prior to the passage of this act.

8(b) A city shall possess, and city council and other city
9officials may execute, the corporate powers and duties as
10provided in this act and in other laws to the extent that these
11powers and duties are not repealed by this act.

12Section 105. Constitutional Construction.--The provisions of 
13this act shall be severable[, and, if]. If any of its provisions 
14shall be held to be unconstitutional, the decision so holding 
15shall not be construed to affect the validity of any of the 
16remaining provisions of this act. It is hereby declared as the 
17legislative intent that this act would have been adopted had 
18such unconstitutional provisions not been included therein.

19Section 106. Construction of References.--Whenever in this 
20act reference is made to any act by title or otherwise, [such] 
21the reference shall be construed to apply to and include any 
22codification wherein the provisions of the act referred to are 
23substantially reenacted.

24Section 107. Cities to Which Act Applies.--(a) This act
25shall apply to [(a) all]:

26(1) All cities which have been incorporated under or which
27have accepted the provisions of the act of [Assembly, approved
28the twenty-third day of May, one thousand eight hundred and
29seventy-four (Pamphlet Laws 230)] May 23, 1874 (P.L.230, 
30No.152), entitled "An act dividing cities of this State into

1three classes; regulating the passage of ordinances; providing
2for contracts for supplies and work for said cities; authorizing
3the increase of indebtedness, and the creation of a sinking fund
4to redeem the same; defining and punishing certain offenses in
5all of said cities; and providing for the incorporation and
6government of the cities of the third [class," and the
7amendments thereto; (b) all] class."

8(2) All cities which have been incorporated under the
9provisions of the act of May [twenty-third, one thousand eight
10hundred and eighty-nine (Pamphlet Laws 277)] 23, 1889 (P.L.277, 
11No.247), entitled "An act providing for the incorporation and
12government of cities of the third [class," and the amendments
13thereto; (c) all] class."

14(3) All cities which have been incorporated under the
15provisions of the act of [Assembly, approved June twenty-
16seventh, one thousand nine hundred and thirteen (Pamphlet Laws
17568)] June 27, 1913 (P.L.568, No.367), entitled "An act
18providing for the incorporation, regulation, and government of
19cities of the third class; regulating nomination and election of
20municipal officers therein; and repealing, consolidating, and
21extending existing laws in relation [thereto," and the
22amendments thereto; (d) all] thereto."

23(4) All cities formed by the consolidation of boroughs
24having voted separately to become cities in accordance with the
25provisions of the act[, approved May twenty-fourth, one thousand
26nine hundred and seventeen (Pamphlet Laws 262)] of May 24, 1917 
27(P.L.262, No.143), entitled "An act to enable two or more
28boroughs that are contiguous or in close proximity to be united
29and to become one city, wherever each of said boroughs shall
30have heretofore voted or shall hereafter vote to become a city

1of the third class, under laws now enacted or which may
2hereafter be enacted; and wherever each of said boroughs has
3duly received or shall hereafter duly receive letters patent
4constituting it a city of the third class, but where sufficient
5time shall not have elapsed after the granting of such letters
6patent for the holding of a municipal election; providing for
7the consequences of such consolidation, the government of such
8consolidated city, the payment of the indebtedness of each of
9the united territories and the enforcement of debts and claims
10due to and from each, and fixing the jurisdiction over the said
11consolidated city in the courts of the county in which the
12majority of its inhabitants shall [reside"; and (e) all] 
13reside."

14(5) All cities incorporated under the provisions of this act
15[as therein provided].

16(b) This act shall not be construed as a limitation on the
17ability of a city to do any of the following:

18(1) To continue operating under the form of government
19previously selected and exercising powers previously acquired by
20the city in accordance with the act of July 15, 1957 (P.L.901,
21No.399), known as the "Optional Third Class City Charter Law."

22(2) To adopt or continue utilizing a form of government and
23to acquire or continue exercising powers pursuant to an optional
24plan or a home rule charter which have been or may be adopted in
25accordance with the "Home Rule Charter and Optional Plans Law."

26Section 108. Effective Date.--This act shall go into effect
27on the first day of July, one thousand nine hundred and thirty-
28one. [This reenactment, revision, amendment and consolidation of
29the laws relating to cities of the third class shall become
30effective on the first Monday of January, one thousand nine

1hundred fifty-two.]

2Section 109. Publication of Notices.--Whenever, under the
3provisions of this act, advertisement, notice, or publication is
4required to be published in [one] a newspaper, [such] the
5publication shall be made one time, unless the provision 
6requiring publication specifies otherwise, in [a] at least one
7newspaper of general circulation, as defined [by the Newspaper
8Advertising Act of May sixteen, one thousand nine hundred and
9twenty-nine (Pamphlet Laws 1784), printed] in 45 Pa.C.S. § 101 
10(relating to definitions), published in the city, if there is
11such a newspaper, and if not, then in a newspaper of general 
12circulation circulating generally in [such] the city. If such
13notice is required to be published in more than one newspaper,
14it shall be published in at least one newspaper of general
15circulation, defined as aforesaid, [printed] published, if there
16be such a newspaper, or circulating generally as above provided
17in the city. When [such] the notice relates to any proceeding or
18matter in any court, or the holding of an election for the
19increase of indebtedness, or the issue and sale of bonds to be
20paid by taxation, [such] the notice shall also be published in
21the legal newspaper, if any, designated by the rules of court of
22the proper county for the publication of legal notices and
23advertisements, unless such publication be dispensed with by
24special order of court: Provided, however, That ordinances,
25auditor's statements, summaries of auditor's statements,
26advertisements inviting proposals for public contracts and for
27bids for materials and supplies, or lists of delinquent
28taxpayers, shall be published only in newspapers of general
29circulation, defined as aforesaid.

30Section 3. Article II heading of the act is amended to read:

1ARTICLE II

2PROCEDURES FOR INCORPORATION

3Section 4. The act is amended by adding a section to read:

4Section 200. Definitions.--The following words and terms, as
5used in this article, shall have the meanings assigned to them
6in this section, unless the context clearly indicates otherwise:

7"Incorporation resolution." A resolution to submit, at any
8general or municipal election, a referendum question to the
9registered voters of a municipal corporation.

10"Municipal corporation." A borough, a township of the first
11class, a township of the second class or an incorporated town.

12"Referendum question." The question of whether a municipal
13corporation shall become incorporated as a city of the third
14class to be known as the "City of ........................."

15Section 5. Section 201 of the act is amended to read:

16Section 201. Creation of Cities.--Cities of the third class
17shall be chartered [whenever a majority of the electors of any
18town, township, or borough, or any two or more contiguous towns,
19townships, or boroughs, or any combination thereof, situate
20within the limits of the same county or situate in two or more
21contiguous counties, and having separately or together, as the
22case may be, a population of at least ten thousand according to
23the last preceding United States census, shall each separately
24vote at any general or municipal election in favor of the same.]
25as follows:

26(1) A single municipal corporation, having a population of
27at least ten thousand according to the last preceding United
28States census, may be incorporated as a city in accordance with
29this article, if a majority of the registered voters in the
30municipal corporation cast an affirmative vote in favor of the

1referendum question.

2(2) Two or more contiguous municipal corporations, having
3together a population of at least ten thousand according to the
4last preceding United States census, may be incorporated as a
5city by utilizing 53 Pa.C.S. Ch. 7 Subch. C (relating to
6consolidation and merger) and, in accordance therewith,
7determine whether the newly incorporated city shall be governed
8by this act and other general laws applicable to and governing
9cities.

10Section 6. Sections 202 and 203 of the act are repealed:

11[Section 202. Resolution to Submit Question to Electors.--
12The corporate authorities of any town, township, or borough, or
13of any contiguous towns, townships, or boroughs, as the case may
14be, may, on their own motion, or, upon petition of two hundred
15or more qualified electors thereof, shall, by resolution duly
16passed and recorded among the minutes, submit the question
17whether such town, township, or borough, or whether any
18contiguous towns, townships, or boroughs, shall become a city of
19the third class, to the qualified electors thereof, to be known
20as the "City of ........................."

21Section 203. Notice of Election.--The said corporate
22authorities shall give notice by the publication of said
23resolution, once a week for four successive weeks prior to the
24next general or municipal election, in not more than two
25newspapers of general circulation published or circulating
26generally in said towns, townships, and boroughs, in accord with
27the provisions of section 109 of this act.]

28Section 7. The act is amended by adding a section to read:

29Section 203.1. Incorporating Resolution.--(a) The governing
30body of a municipal corporation may adopt an incorporation

1resolution.

2(b) If two hundred or more registered voters of the
3municipal corporation petition the governing body of the
4municipal corporation for the adoption of a petition resolution,
5the governing body shall adopt the same.

6Section 8. Section 204 of the act is amended to read:

7Section 204. Resolution Certified to County Board of
8Election; Form of Question.--The [said corporate authorities
9shall certify said] governing body of a municipal corporation 
10that adopts an incorporation resolution shall certify the 
11incorporation resolution to the county board of elections of the
12proper county or counties[, who shall thereupon cause a proper
13question to be submitted to the qualified electors at the said
14general or municipal election in the said towns, townships, and
15boroughs, in the manner required by the Pennsylvania Election
16Code]. The county board of elections shall, at the general or 
17municipal election, in the manner required by the Pennsylvania 
18Election Code, submit a referendum question to the registered 
19voters of the municipal corporation that has certified an 
20incorporation resolution.

21Section 9. The act is amended by adding a section to read:

22Section 204.1. Notice of Election.--Notice of the election
23at which registered voters of a municipal corporation will be
24voting on a referendum question shall be given by the secretary
25or other person designated by the municipal corporation. The
26notice required by this section shall be published once a week
27for four successive weeks in a newspaper of general circulation
28in the municipal corporation in which the referendum question
29will be submitted to the registered voters.

30Section 10. Section 205 of the act, amended October 5, 1967

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

2Section 205. Returns of Election.--[The county board of
3elections shall make return of the vote cast on the question
4submitted to the clerk of the court of the proper county or
5counties, and to the respective corporate authorities of the
6towns, townships and boroughs submitting such questions. If a
7majority of the votes cast in each such town, township and
8borough on the question shall be in favor of creating a city,
9then returns thereof shall also be made by the county board of
10elections to the Secretary of the Commonwealth and the
11Department of Community Affairs.] (a) In each county in which a 
12referendum question is submitted to the registered voters of a 
13municipal corporation, the county board of elections shall make 
14return of the vote cast on the referendum question to the clerk 
15of the court for that county, and to the governing body of the 
16municipal corporation in which registered voters voted on a 
17referendum question.

18(b) The county board of elections also shall make returns of
19the vote cast on the referendum to the Secretary of the
20Commonwealth and the Department of Community and Economic
21Development, if a majority of the votes cast by the registered
22voters of the municipal corporation are in favor of
23incorporating as a city.

24Section 11. Sections 206, 207, 208, 209 and 210 of the act
25are amended to read:

26Section 206. Effect of Vote Against [City Charter.--Whenever
27by the returns of the election in any town, township, or
28borough, it shall appear that in any one there is a majority
29against the city charter] Incorporating as City.--If the returns 
30show that a majority of registered voters in a municipal 

1corporation voted "no" on the referendum question, no further
2proceeding shall be had, and it shall not be lawful to hold
3another election upon the referendum question in [such town,
4township, or borough] the municipal corporation until the third
5general or municipal election thereafter occurring.

6Section 207. Governor to Issue [Charter Where Vote for City
7Charter] Letters Patent; Boundaries.--If [it shall appear by the
8said returns that there is a majority of the votes cast on the
9question in each town, township, and borough, aforesaid, in
10favor of the city charter, the corporate authorities of all such
11towns, townships, and boroughs] the returns show that a majority 
12of registered voters in a municipal corporation voted "yes" on 
13the referendum question, the governing body of the municipal 
14corporation shall, within sixty days after [such] the election,
15furnish to the Secretary of the Commonwealth the necessary
16information with respect to the boundaries of the new city, and
17the Governor shall, as soon as may be, issue letters patent,
18under the Great Seal of the Commonwealth, reciting the facts,
19defining the boundaries of [said] the city, and constituting the
20same a body corporate and politic by the name of the City
21of.........................

22Section 208. Property of Entities Vested in City.--All of
23the property and estates whatsoever, real and personal, of the
24[towns, townships, and boroughs,] municipal corporations which
25shall have [thus] become a city in accordance with this article
26are hereby severally and respectively vested in the corporation
27or body politic of [said] the city[, by the name, style, and
28title given thereto] for the use and benefit of the citizens
29thereof.

30Section 209. Existing Governments [Preserved Temporarily;

1Organization of City.--The governments of the said towns,
2townships, and boroughs] Temporarily Preserved; City 
3Organization.--(a) The government of the municipal corporation
4shall continue in full force and operation, until the first
5Monday of January next succeeding the municipal election
6provided for in section 702 [of this act], at which time the
7officers of [said] the city chosen at [said] the municipal
8election shall enter upon their respective terms of service, and
9the city government shall be duly organized under this act.

10(b) Whenever, in the organization of the city government of
11any newly incorporated city, any person is [elected] appointed
12by council to any office for which this act provides a definite
13term and fixes a definite time for the election of persons
14thereto, the person so [elected] appointed shall serve only for
15such time as intervenes between [his election] the person's 
16appointment and the day fixed by this act for the regular
17election or appointment of such officer for a full term.

18Section 210. Existing Liabilities, Debts and Claims
19Transferred to New City.--[All suits, prosecutions, debts, and
20claims, whatsoever, of the said towns, townships and boroughs,
21shall thereupon become transferred to the said city, which in
22all suits pending shall be substituted as a party, and be under
23the management and control thereof. All valid claims and demands
24of whatsoever nature, whether payable presently or in the
25future, existing against the said towns, townships, and boroughs
26when the said charter shall go into operation, shall be
27enforceable against the said city. The bonds and floating
28indebtedness, and the interest thereon, of each of said towns,
29townships and boroughs, contracted prior to such consolidation,
30shall be paid by the said city thus organized and chartered, so

1that the taxes shall be uniform throughout the territorial
2limits of the whole city.] If a municipal corporation is 
3incorporated as a city in accordance with this article, the 
4following shall apply:

5(1) All suits, prosecutions, debts and claims, whatsoever,
6shall become transferred to the newly incorporated city.

7(2) All pending suits involving the municipal corporation
8shall be under the management and control of the newly
9incorporated city which shall be substituted as a party therein.

10(3) All valid claims and demands of whatsoever nature,
11whether payable presently or in the future, existing against the
12municipal corporation shall be enforceable against the city.

13(4) The bonds and floating indebtedness, and the interest
14thereon, existing at the time a municipal corporation became
15incorporated as a city in accordance with this article shall be
16paid by the newly incorporated city, so that the taxes shall be
17uniform throughout the territorial limits of the whole city.

18Section 12. Article II-A heading and sections 250, 251, 252,
19253, 254 and 255 of the act, added September 17, 1959 (P.L.913,
20No.363) are repealed:

21[ARTICLE II-A

22ALTERNATIVE PROCEDURE FOR INCORPORATION

23Section 250. Appointment of Charter Commission.--The
24corporate authorities of any town, township, or borough or of
25any combination of contiguous towns, townships or boroughs may
26and, upon petition of two hundred or more qualified electors
27thereof, shall petition the court of quarter sessions of the
28county in which such towns, townships or boroughs are situate,
29for the appointment of a charter commission to study and make
30recommendations on the adoption of a form of city government for

1such towns, townships or boroughs. Whenever any such towns,
2townships or boroughs, or combination thereof, are situate in
3more than one county, the petition shall be brought to the court
4of quarter sessions of the county in which the larger percentage
5of the population thereof are resident.

6The charter commission so appointed shall consist of not less
7than nine nor more than fifteen members who shall be qualified
8electors of the town, township or borough, and if the petition
9is brought on behalf of more than one town, township or borough,
10the charter commission shall be appointed from among qualified
11electors of each of such towns, townships or boroughs.

12In every case, at least three members of the charter
13commission shall be appointed from among the members of the
14governing bodies of the towns, townships or boroughs bringing a
15petition, and when two or more towns, townships or boroughs are
16party to the petition, the court shall appoint at least one
17member of the charter commission from among the members of the
18governing bodies of each of such towns, townships or boroughs.

19Section 251. Powers and Duties of Charter Commission.--The
20charter commission shall organize and function in accordance
21with the provisions of the Optional Third Class City Charter
22Law, and in so far as the same are applicable, shall exercise
23the same powers and perform the same duties as are conferred or
24imposed upon charter commissions elected under the provisions of
25the Third Class City Charter Law.

26Members of the charter commission shall serve without
27compensation, but shall be reimbursed by the towns, townships or
28boroughs for their necessary expenses incurred in the
29performance of their duties. The corporate authorities of the
30towns, townships or boroughs shall appropriate reasonable sums

1of money necessary for such purpose and for the work of the
2charter commission as provided in the Optional Third Class City
3Charter Law.

4The charter commission shall report its recommendations at
5the time and in the manner provided in the Optional Third Class
6City Charter Law. In its report, the charter commission shall
7recommend adoption of either the "commission" form of city
8government as provided in this act, or one of the optional forms
9of city government provided in the Optional Third Class Charter
10Law.

11Section 252. Election on the Question.--Within five days
12after the charter commission reports its recommendations, the
13corporate authorities of such towns, townships or boroughs shall
14certify a copy of the commission's report to the county board of
15elections, which shall cause the question of adoption or
16rejection to be placed upon the ballot or voting machines at
17such time as the commission shall in its report specify. The
18question shall be submitted to the electors in the manner and at
19the time provided in the Optional Third Class City Charter Law
20and shall be in the following form:

21Shall the.............................be incorporated into a

22 name of towns, townships or boroughs

23city of the third class to be known as the city of.............

24with a........................form of government providing for

25name of form

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

27number of councilmen

28Section 253. Return of Election; Effect of Vote.--(a) The
29county board of elections shall make return of the vote cast on
30the question as provided by law. If it appears that a majority

1of the votes cast in each such town, township or borough on the
2question shall be in favor of creating a city, the city shall be
3incorporated as provided in this act.

4(b) If, at such election, the electors have voted in favor
5of adopting the commission form of government provided in this
6act, the city officers shall be elected and the city shall be
7organized and governed under the provisions of this act, the
8same as though the election had been held under the provisions
9of article II. of this act.

10(c) If, at such election, the electors have voted in favor
11of adopting one of the optional forms of government provided in
12the Optional Third Class City Charter Law, the city shall be
13governed under the applicable provisions of the Optional Third
14Class City Charter Law, but the first city officers shall be
15elected in accordance with the provisions of this subsection.

16At the first municipal election occurring at least ninety
17days after the date of the letters patent issued by the Governor
18incorporating such city, the qualified electors of such city
19shall elect the city officers appropriate to such optional form
20of government. Except in the case of the first city council,
21such officers shall be elected for the terms provided in the
22Optional Third Class City Charter Law. The first councilmen
23elected in such city shall be divided into two groups. One group
24shall equal one more than one-half of all the councilmen and its
25members shall serve for terms of four years. The second group
26shall equal one less than one-half of all the councilmen and its
27members shall serve for terms of two years. The members of the
28first group shall be those councilmen receiving the greatest
29number of votes at their election, and the members of the second
30group shall be those councilmen receiving the next greatest

1number of votes at their election. If two or more councilmen
2received the same number of votes and one or more but not all of
3them will be included in the first group, they shall draw lots
4to determine which of them shall be included in the first group.
5Thereafter, all councilmen shall be elected for the terms
6provided in the Optional Third Class City Charter Law.

7The governments of the towns, townships and boroughs,
8comprising a city which elects its first officers under the
9provisions of this subsection, shall continue in full force and
10operation until the first Monday of January next succeeding such
11election, at which time the officers of such city shall enter
12upon their respective terms and the city government shall be
13duly organized under the Optional Third Class City Charter Law.

14(d) Whenever by the returns of the election in any town,
15township or borough, it shall appear that in any one there is a
16majority against the city charter and the form of city
17government recommended by the charter commission, no further
18proceedings shall be had and it shall not be unlawful to hold
19another election upon the same question in such town, township
20or borough during the period of four years following such
21election, but the provisions of this subsection shall not affect
22any proceedings under article II. of this act nor any subsequent
23proceedings under the Optional Third Class City Charter Law.

24Section 254. Proceedings are Additional.--The proceedings
25authorized by this article are in addition to, and not in
26substitution of, those proceedings authorized by article II. of
27this act, but it shall not be lawful to institute proceedings
28under either article while any proceedings under the other
29article are unconcluded.

30Section 255. Abandonment of Optional Form of Government.--

1Whenever, under the provisions of this article, the electors of
2any towns, townships or boroughs elect to incorporate a city
3with one of the optional forms of government provided in the
4Optional Third Class City Charter Law, and later, at an election
5held for that purpose under the Optional Third Class City
6Charter Law, elect to abandon such optional form of government,
7the city shall cease to be governed by the provisions of such
8charter plan and the Optional Third Class City Charter Law on
9the first Monday of January following the next succeeding
10municipal election, and shall thereafter be governed under the
11provisions of this act. The reversion to the form of government
12provided by this act shall take effect as provided in article
13VI. of the Optional Third Class City Charter Law for transition
14to an optional form of government in so far as applicable, and
15in addition any city offices which are elective under this act
16but are not elective under such optional form of government,
17shall be filled at such municipal election.]

18Section 13. Article III heading of the act is reenacted to
19read:

20ARTICLE III

21CHANGE OF CORPORATE TITLE

22Section 14. Sections 301, 302, 303 and 304 of the act are
23amended to read:

24Section 301. Resolution and Petition to Change Corporate 
25Title.--[Whenever the council of any city shall, by resolution, 
26decide to change the corporate title of such city, it shall 
27present its petition to the court of quarter sessions of the 
28county having jurisdiction over the municipal affairs of the 
29city, petitioning such court to change the corporate title 
30thereof in accordance with the resolution, a certified copy of 

1which shall be attached to such petition.] City council may 
2initiate proceedings to change the corporate title of a city by 
3doing each of the following:

4(1) Adopting a resolution proposing to make the change in
5the corporate title of a city.

6(2) Presenting to the court of common pleas of the county in
7which the city is located a petition, along with a certified
8copy of the resolution, requesting the change in the corporate
9title of the city.

10Section 302. Hearing; Decree.--(a) Upon the presentation to 
11the court of [such] the petition and resolution in accordance 
12with section 301, the [said] court shall fix a day for a hearing 
13[thereof] on the question of the change in the corporate title 
14of the city and shall direct that notice of [such] the hearing 
15be published once a week for three weeks in [not more than two 
16newspapers] a newspaper of general circulation.

17(b) At [such] the hearing, the court shall [hear the] permit 
18any resident of the city to give testimony [and argument of 
19persons both for and against] either in support of or opposition 
20to the change of the corporate title of [such] the city [and, if 
21the court is of the opinion that the corporate title of such 
22city should be changed as prayed for in the petition of the 
23council of said city, shall enter upon the proceedings its order 
24and decree changing the corporate title of such city in 
25accordance with the resolution of the council thereof; otherwise 
26the petition shall be dismissed].

27(c) After hearing testimony, the court shall either order
28and decree changing the corporate title of the city in
29accordance with the petition and resolution of council or
30dismiss the petition.

1Section 303. Recording Decree.--[Upon the filing of a 
2certified copy of the decree of the court, changing the 
3corporate name of any city, in the office of the Secretary of 
4the Commonwealth and the recording thereof in the office of the 
5recorder of deeds of the county, the courts of which have 
6jurisdiction over the municipal affairs of the city, the 
7corporate title of said city shall thereafter be as set forth in 
8said decree.] A change in the corporate title of a city that is 
9ordered and decreed in accordance with section 302(c) shall not 
10become effective until a certified copy of the decree of court 
11is filed in the office of the Secretary of the Commonwealth and 
12is recorded in the office of the recorder of deeds of the county 
13in which the city is located.

14Section 304. Existing Rights and Liabilities Preserved.--No
15change in the corporate title of any city shall in any way
16affect any liabilities incurred, rights accrued or vested,
17obligations issued or contracted, or any suits or prosecutions
18pending or instituted to enforce any right or penalty accrued or
19punish any offense committed prior to [such] the change.

20Section 15. Article IV heading of the act is reenacted to
21read:

22ARTICLE IV

23CREATION AND DIVISION OF WARDS

24Section 16. Section 401 of the act is amended to read:

25Section 401. [Petition for Creation or Division of Wards.--
26New wards may be created in cities, or wards therein may be 
27divided, by the court of quarter sessions, on application 
28thereto for that purpose, by the petition of at least one 
29hundred qualified electors of the district seeking to be created 
30as a new ward, or of the ward to be divided, or by the petition 

1of the council of the city. No new ward shall contain less than 
2three hundred qualified electors according to the last preceding 
3enumeration.] General Power of Council in Creation or Division 
4of Wards.--(a) In addition to reapportionment of wards pursuant 
5to 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and 
6section 11 of Article IX of the Constitution of Pennsylvania, 
7council may, with or without a petition as provided in section 
8401.1 and subject to approval by the registered voters as 
9provided in section 407, create new wards, divide a ward or 
10wards or detach part of a ward and attach to another ward, in 
11accordance with this article.

12(b) No new ward shall contain less than three hundred
13registered voters according to the last general or municipal
14election.

15(c) All wards in the city shall be numbered and composed of
16compact and contiguous territory as nearly equal in population
17as practicable and as officially and finally reported in the
18most recent Federal census, decennial or special.

19Section 17. The act is amended by adding a section to read:

20Section 401.1. Petition of Registered Voters.--(a)
21Registered voters may petition council to initiate proceedings
22under section 401 to create new wards, divide a ward or wards,
23or detach part of a ward and attach to another ward as follows:

24(1) One hundred registered voters may petition council to
25create or divide a ward if, in the case of a petition proposing
26to create a ward, the petitioners reside in the portion of the
27city which the petition proposes to create as a ward, or in the
28case of a petition to divide a ward, the petitioners reside in
29the ward which the petition proposes to divide.

30(2) Twenty-five registered voters may petition to detach

1part of one ward and attach the detached part to another ward if
2the petitioners reside in the part of the ward that is proposed
3to be detached.

4(b) Council shall by motion approve by a majority of
5council, and within ninety days of presentment of the petition,
6determine whether to initiate proceedings under section 401. If
7the motion is in favor of initiating proceedings, council shall
8appoint a commission in accordance with section 403.

9(c) In the event that council has not approved a motion
10within ninety days after the presentment of a petition under
11subsection (a), any ten registered voters may petition the court
12of common pleas and contest the existing apportionment as
13violating section 401. The proceedings before the court shall be
14conducted in accordance with 53 Pa.C.S. §§ 906 (relating to
15contest of reapportionment by governing body) and 907 (relating
16to costs and expenses of contest).

17Section 18. Sections 402 and 403 of the act are amended to
18read:

19Section 402. [Petition for Striking Territory from One Ward
20and Attaching to Another.--Any part or district of a ward in any
21city may be detached therefrom and attached to another ward by
22the court of quarter sessions of the proper county, on
23application thereto for that purpose, by the petition of at
24least twenty-five qualified electors of the district to be
25stricken off or attached, or by the petition of the council of
26the city] (Reserved).

27Section 403. Appointment of Commission[; Report; Order of
28Court.--Upon the presentation of any such petition praying for
29the creation of a new ward out of parts of two or more wards, or
30the division of a ward, or for the detaching from a ward of a

1part or district thereof and attaching the same to another ward,
2the said court shall appoint five impartial qualified electors,
3residents of the city, but not of the wards to be affected
4thereby, as commissioners to inquire into the propriety of
5granting the prayer thereof: Provided, however, That in cities
6having not more than three wards, said commissioners shall be
7selected from the city at large, and may be residents of the
8ward or wards to be affected thereby. The commissioners so
9appointed, or any four of them, shall examine the premises and
10make a draft of the new ward or wards proposed to be created, or
11of the ward or wards to be divided, or of the wards affected,
12showing the division or change thereof, or showing the lines as
13any separation and attachment will affect them, as the case may
14be, and showing clearly the number of qualified electors
15contained within the proposed new ward. The commissioners shall
16make report to the said court at its next term, together with
17their recommendation.].--(a) If council initiates proceedings 
18pursuant to section 401, whether on its own volition or pursuant 
19to the petition of registered voters, it shall appoint five 
20impartial registered voters who are residents of the city as 
21commissioners, to make a report and recommendation concerning 
22the necessity, desirability and feasibility of proposed wards.

23(b) Except as provided in subsection (c), commissioners
24shall not be residents of the wards to be affected by the
25petition.

26(c) In cities having not more than three wards,
27commissioners appointed under subsection (a) shall be selected
28from the city at large, and may be residents of the ward or
29wards to be affected thereby.

30Section 19. The act is amended by adding sections to read:

1Section 403.1. Expenses of Commissioners.--Council shall
2make appropriations for the reasonable expenses of the
3commissioners incurred for their services pursuant to this
4article. Each commissioner shall submit to the city controller
5for approval an itemized account of the commissioner's expenses
6to be paid under the authority of this section.

7Section 403.2. Report.--(a) Commissioners appointed by
8council in accordance with section 403(a) shall examine the
9premises and prepare a report which shall include a draft of all
10wards affected by the proposed creation, division or detachment,
11showing the division or change thereof, or showing the lines of
12wards as any separation and attachment will affect them, as the
13case may be, and showing clearly the population contained within
14the affected wards using figures officially and finally reported
15in the most recent Federal census, decennial or special. The
16report, upon completion, shall be submitted to council and shall
17include a recommendation reflecting the decision of a majority
18of its members concerning the proposed creation, division or
19detachment of a ward or wards.

20(b) Consistent with the standards applied in municipal
21reapportionment pursuant to 53 Pa.C.S. § 903(b) (relating to
22reapportionment by governing bodies), no report shall recommend
23the creation, division or detachment of a ward or wards unless
24the result of implementing the report and recommendation would
25be that each ward in the city is composed of compact and
26contiguous territory as nearly equal in population as
27practicable as officially and finally reported in the most
28recent Federal census, decennial or special.

29(c) Upon receipt of the report, council shall, by motion,
30determine whether to submit the question of the proposed

1creation, division or detachment of a ward or wards as provided
2in the report to the registered voters of the city in accordance
3with section 404.

4Section 20. Sections 404, 405, 406, 407 and 408 of the act
5are amended to read:

6Section 404. Election[; Form of Ballot.--If a majority of
7the commissioners appointed report favorably to such creation or
8division, or the detaching from a ward of a part or district
9thereof and attaching the same to another ward, the court shall
10order].--(a) If based upon the report in section 403.2, council 
11decides to proceed, it shall certify to the county board of 
12elections the question of the creation, [or] division or 
13detachment of [such] the ward[,] or wards to be submitted to the
14[qualified electors] registered voters of the ward or wards
15[affected, and in the case of the detachment of territory to the
16electors of the ward from which the territory is to be stricken
17off] or parts thereof which are the subject of the report, at
18the general or municipal election occurring not less than ninety
19days [thereafter] after the report was approved by council.

20(b)  The [clerk of said court shall certify such order to
21the] county board of elections [which] shall [thereupon] cause
22[a proper] the question [to be submitted to the qualified
23electors at such] of approving the creation, division or 
24detachment of a ward or wards to be placed on the ballot in the 
25ward or wards or parts that will be affected thereby, at the 
26appropriate election in the manner provided by the Pennsylvania
27Election Code.

28Section 405. Notice of Election; Review of Report.--[It
29shall be the duty of the mayor of the said city to give at least
30fifteen days' public notice, by advertisement in one or more

1newspapers, of general circulation, that such an election will
2be held, and of the time and place of holding the same.] (a)
3The city shall publish a notice of election in a newspaper of 
4general circulation at least fifteen days prior to the date that 
5the question of approving the creation, division or detachment 
6of a ward or wards is to be presented at the specified general 
7or municipal election.

8(b) The election notice shall contain a statement of the
9issue to be submitted to the registered voters at the election,
10including the ward, wards or parts thereof to be affected, and
11the date upon which the election is to be held. The notice shall
12reference the report and specify that it is available for review
13and copying as a public record pursuant to the act of February
1414, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

15Section 406. Election Laws to Apply.--All [the electors,
16judges, inspectors and clerks, voting at and in attendance upon
17the election to be held under the provisions of this article,
18shall be subject to the penalties imposed by] matters relating 
19to the election at which the question of approving the creation, 
20division or detachment of a ward or wards is to be presented to 
21the voters shall be governed by the applicable provisions of the
22Pennsylvania Election Code.

23Section 407. Computing Vote; Return; [Order of Court;]
24Resubmission of Question.--[The officers of such election shall
25receive and count the votes in the manner prescribed by law, and
26shall forthwith make out a return on forms furnished by the
27board of elections, showing the number of votes for and against
28such new ward, or for or against such division or detachment of
29a ward, as the case may be, and shall deliver the same to the
30clerk of the court of quarter sessions within three days. The

1said clerk shall compute said return, and forthwith certify the
2result thereof to the court. If it appears that a majority of
3the votes so taken are for a new ward, or for a division or for
4the detachment of territory and its attachment to another ward,
5said court shall thereupon order and decree the creation of such 
6new ward or wards, or such division, or such detachment and 
7attachment agreeably to the lines marked out and returned by the 
8commissioners.]

9(a) The county board of elections shall tabulate and publish
10the results of the referendum in a newspaper of general
11circulation within thirty days of the election. A certified copy
12of the results shall be placed on record among the minutes of
13council.

14(b) If a majority voted in favor of creating or dividing a 
15ward or wards, or the detachment of a part of a ward to be 
16attached to another, council shall proceed to create or divide a 
17ward or wards or detach a part of a ward to be attached to 
18another, in accordance with the report, and shall number the new 
19wards when necessary[, and order a certified copy of the whole 
20proceeding to be placed on record among the minutes of council].

21(c) If a majority [of votes shall be] voted against [the new 
22ward, or against division or against detachment] creating or 
23dividing a ward or wards, or the detachment of a part of a ward 
24to be attached to another, no further action shall be had upon 
25[such proceeding] the question, nor shall any new [application 
26for such new ward or such division or detachment and attachment 
27be heard] petition on the same question be resubmitted until two 
28years from the date of [such] the election.

29Section 408. Change of Ward Lines by [Court] Council.--
30Whenever it shall appear to [the court of quarter sessions]

1council in proceedings for the division of any ward, or the
2creation of new wards, that any of the boundaries or divisions
3thereof are uncertain for any cause, [the said court shall make
4such order or decree as to] council shall determine the
5relocation of the line [as to it may appear proper, so that the
6same shall] to conform as nearly as possible to the boundary
7lines which may have been previously determined upon so long as 
8the result is that each ward in the city is composed of compact 
9and contiguous territory as nearly equal in population as 
10practicable as officially and finally reported in the most 
11recent Federal census, decennial or special.

12Section 21. The act is amended by adding a section to read:

13Section 409. Pennsylvania Election Code.--Nothing in this
14article shall be construed as affecting the powers and duties of
15the court of common pleas or the county board of elections and
16restrictions on alteration of election districts as provided in
17Article V of the act of June 3, 1937 (P.L.1333, No.320), known
18as the "Pennsylvania Election Code."

19Section 22. Article V and subdivision (a) heading of the act
20are repealed:

21[ARTICLE V

22ANNEXATION OF TERRITORY

23(a) Annexation of Boroughs, Townships and Parts

24of Townships]

25Section 23. Section 501 of the act, amended July 10, 1959
26(P.L.519, No.138), is repealed:

27[Section 501. Petition for Annexation of Boroughs or
28Townships and Parts of Townships.--Any borough having a
29population of less than ten thousand inhabitants, or any
30township or part of a township, contiguous to any city, whether

1wholly or partially within the same or different counties, may
2become annexed to any such city in the following manner:

3(a) In the case of a borough, the borough council may pass
4an ordinance for such annexation, whenever three-fifths of the
5taxable inhabitants of such borough shall present a petition,
6accompanied with the written consent of a majority in number and
7interest of property owners of the borough, asking for such
8annexation.

9(b) In the case of a township, or part thereof, whenever
10three-fifths of the taxable inhabitants of such township or part
11thereof shall present a petition to the council of said city,
12accompanied with the written consent of a majority in number and
13interest of property owners of such township or part of a
14township, asking for such annexation.

15(c) In case of part of a township, when there are no taxable
16inhabitants residing therein, then whenever three-fifths of the
17property owners in number and interest of property situated
18therein shall present a petition to the council of said city
19asking for such annexation.

20In construing this section, a majority in interest of owners
21of undivided interests in any piece of property shall be deemed
22and treated as one person for the purpose of ascertaining the
23number of petitioners.]

24Section 24. Section 502 of the act is repealed:

25[Section 502. Advertisement; Plots.--Before any such
26petition is circulated or signed, notice thereof shall be given
27by advertisement once a week for four weeks in two newspapers
28published in or circulated throughout the territory to be
29annexed. Such notice shall state the purpose of the petition and
30the date it will be ready for signing. All such petitions shall

1be accompanied by a plot or plots of the territory to be
2annexed, showing all streets and highways, municipal or township
3improvements and public buildings.]

4Section 25. Section 503 of the act, amended October 5, 1967
5(P.L.327, No.143), is repealed:

6[Section 503. Ordinance of City; Filing Copy Thereof.--Upon
7presentation to the council of such city of a certified copy of
8the ordinance in case of a borough, or of the petition in the
9case of a township or part thereof, together with the required
10plots in any case, the council of said city may, by ordinance,
11annex such borough, township, or part thereof to the said city.
12Certified copies of the borough and city ordinances and the
13petition and the plans shall be filed in the office of the clerk
14of the court of quarter sessions of the county or counties
15involved, and like copies shall be certified to the Department
16of Community Affairs of the Commonwealth. Nothing contained in
17subdivision (a) of this article shall be deemed to require any
18city to annex any borough, township or part of any such
19township.]

20Section 26. Section 504 of the act is repealed:

21[Section 504. Conclusiveness of Ordinance; Referendum;
22Appeal.--Thirty days after the filing of the said annexation
23ordinance by the said city council, such ordinance and the
24action of the said city council shall be finally conclusive,
25unless an appeal therefrom is taken within the said thirty days,
26by petition to the court of quarter sessions of the county in
27which the city is located, or unless a referendum petition is
28filed as provided in this act.]

29Section 27. Section 505 of the act, repealed in part June 3,
301971 (P.L.118, No.6), is repealed:

1[Section 505. Hearing an Appeal; Notice; Appeal from Final
2Order.--Where an appeal is taken by any person aggrieved by such
3annexation ordinance of the city, the court shall fix a day for
4hearing the same. Notice shall be given to all parties
5interested in such manner as the court shall direct. From any
6such final order or decree, any party in interest, aggrieved by
7such order or decree, may have an appeal to the Supreme Court as
8in other cases. Upon final determination and approval of the
9annexation ordinance, the annexation shall take effect
10immediately.]

11Section 28. Section 506 of the act, added July 10, 1959
12(P.L.519, No.138), is repealed:

13[Section 506. Petition for Annexation of Boroughs Having Ten
14Thousand or More Inhabitants.--Whenever electors, equal to at
15least ten per centum of the highest vote cast for any office in
16any borough having a population of ten thousand or more
17inhabitants contiguous to a city at the last preceding general
18election, or whenever ten per centum of the qualified electors,
19residing within any part of a borough having a population of ten
20thousand or more inhabitants contiguous to a city, shall
21petition the council of such city for the annexation of the
22borough, or part thereof, to the contiguous city, and for a
23referendum on the question of such annexation, the council shall
24cause a question to be submitted at the primary or general
25election occurring at least sixty days thereafter, by certifying
26a resolution, duly adopted, to the county board of elections of
27the county or counties in which any part of the city or borough
28is located, for submission of such question on the ballot or on
29voting machines at such election, both in such borough and in
30the city to which annexation is desired, in the manner provided

1by the election laws of this Commonwealth.

2Such question shall be in the following form:

3Do you favor the annexation of the 4borough of .......................	Yes
5(or the part of the borough briefly 6described) to the city of ....... ?	No

7If a majority of the persons voting on such question in the
8entire borough shall vote "yes," and a majority of the persons
9voting on such question in the city shall vote "yes," then the
10borough or part thereof, as the case may be, shall on the first
11Monday of January next following, be and become a part of the
12city.

13If a majority of the persons voting on the question in the
14borough or in the city shall vote "no," no further proceeding
15shall be had, and it shall not be lawful to hold another
16election upon the question until the second general or municipal
17election thereafter occurring.

18All petitions shall be accompanied by a plot or plots of the
19territory to be annexed, showing all streets and highways,
20municipal improvements and public buildings, and all petitions
21for the annexation of a part of a borough shall include a
22description of the part of the borough sought to be annexed.]

23Section 29. Article V subdivision (b) heading and section
24515 of the act are repealed:

25[(b) Annexation of Outlying Lots in a Township

26Section 515. Annexation of Outlying Lots; Appointment of
27Viewers.--Upon application by petition to the court of quarter
28sessions signed by a majority or more of the taxable
29inhabitants, accompanied by the written consent of a majority of
30the property owners in number and interest of any outlots or

1sections of land in a township containing not more than one
2hundred acres of land contiguous to the city, and being part of
3the same county in which the city is situated, stating that they
4desire the same to be annexed to said city, the desirability
5therefor, and describing the lots or land to be annexed, with a
6map or draft of the same, which petition shall be sworn to by
7one or more of the petitioners, and accompanied by the petition
8of the council of the city praying for the annexation of such
9outlots or sections of land and containing a copy of the
10resolution of the council of said city approving the annexation,
11the said court shall thereupon appoint three viewers, who shall
12be nonresidents of the city or of the township whose territory
13is to be annexed, to inquire into and investigate the
14allegations and facts stated in the said petition.]

15Section 30. Section 516 of the act, amended October 5, 1967
16(P.L.327, No.143), is repealed:

17[Section 516. Notice of View; Report; Decree.--Notice of the
18first hearing of the said viewers shall be given to the city,
19and to at least one of the petitioners as the court may direct.
20The said viewers, or a majority of them, shall make report to
21said court at its next session after their appointment. If they
22report that they find the statements and facts of said petition
23to be true, and recommend the annexation as prayed for, and if
24no appeal is taken within thirty days therefrom, the said court
25shall thereupon make an order or decree to carry the annexation
26into effect. The city clerk shall forward a certified copy of
27said decree to the Department of Community Affairs of the
28Commonwealth.]

29Section 31. Section 517 of the act, amended October 5, 1967
30(P.L.327, No.143) and repealed in part June 3, 1971 (P.L.118,

1No.6), is repealed:

2[Section 517. Appeal; Hearing; Notice; Decree.--Within
3thirty days after filing of such report, any person aggrieved
4thereby may take an appeal, by petition to the court of quarter
5sessions, setting forth his complaint, and thereupon the court
6shall fix a day for hearing the same. Notice of such appeals
7shall be given to all parties interested by publication once in
8one newspaper, in accord with the provisions of section one
9hundred and nine of this act. After such hearing, the court
10shall decide whether the proceedings are in conformity with this
11act, and make an order or decree either dismissing the appeal
12and approving such annexation or sustaining the appeal and
13dismissing the annexation. When the court of quarter sessions
14makes an order to carry such annexation into effect, where no
15appeal is taken, and upon final determination and approval of
16the annexation ordinance, where an appeal has been taken, the
17said outlots or sections of land shall at once and thereafter be
18a part of said city as fully as if the same had been originally
19a part thereof. A certified copy of any final decree or order
20approving such annexation shall be forwarded by the city clerk
21to the Department of Community Affairs.]

22Section 32. Section 518, Article V subdivision (c) heading
23and section 525 of the act are repealed:

24[Section 518. Compensation of Viewers.--The viewers herein
25provided for shall be allowed five dollars per day for each and
26every day actually spent by them in the performance of their
27duties, together with their actual necessary expenses. The costs
28of the proceedings in all cases shall be paid by the city.

29(c) Annexation of Part of a Borough

30Section 525. Petition for Annexation of Territory in a

1Borough; Ordinance of City.--Territory in a borough contiguous
2to a city or separated therefrom by a river or stream may be
3detached from the borough and annexed to the city in the
4following manner:

5A petition signed by owners of the land in the territory
6proposed to be detached and annexed, and described in the
7petition, shall be presented to the borough authorities, who, if
8they find that the petition is signed by either a majority of
9freehold owners or by the owners of two-thirds of the area of
10the territory described, and that the assessed valuation of the
11territory described is not in excess of five per centum of the
12assessed valuation of the borough, may, by ordinance, detach the
13described territory, subject to the acceptance of the detached
14portion by the city of the third class, and upon notice from the
15council of the borough that it has ordained the detachment of
16the described territory of the borough for the purpose of having
17it annexed to the city, the city may, by ordinance, annex the
18portion of the borough so proposed to be detached.]

19Section 33. Section 526 of the act, amended October 5, 1967
20(P.L.327, No.143), is repealed:

21[Section 526. Filing of Plans.--Upon such annexation by
22ordinance, a plan of the territory annexed shall be filed by the
23city council in the office of the county commissioners and with
24the clerk of the court of quarter sessions and thereupon the
25detachment and annexation shall be effective: Provided, however,
26That if there be no delay through litigation or causes beyond
27the control of the councils, the plan shall be filed, as herein
28required, within thirty days after the passage of the annexation
29ordinance by the city council, and, if the proceedings are not
30thus completed, they shall be void in their entirety and of no

1effect. A copy of the plan filed shall be likewise forwarded to
2the Department of Community Affairs of the Commonwealth.]

3Section 34. Article V subdivision (d) heading, sections 535
4and 536 and subdivision (e) heading of the act are repealed:

5[(d) Indebtedness and Public Property when Borough or

6Township is Annexed

7Section 535. Apportionment of Indebtedness of Borough or
8Township; Taxes to be Uniform.--All the indebtedness of each
9borough or township annexed to a contiguous city under the
10provisions of this act, as well as the indebtedness of the city
11to which the same is annexed, shall be paid by the city as
12enlarged by such annexation; and all territory included within
13the limits of the same shall be liable for the payment of the
14floating and bonded indebtedness, and the interest thereon, of
15all the territory included within such enlarged city; and all
16taxes thereafter levied therefor shall be uniform throughout the
17territorial limits of such enlarged city.

18Section 536. Property of Annexed Territory to Become
19Property of City.--All of the public property owned by any such
20borough or township annexed to any city shall become and remain
21the public property of the said city.

22(e) Apportionment of Indebtedness when Part of a Township

23or Outlying Lots are Annexed]

24Section 35. Section 540 of the act, amended October 5, 1967
25(P.L.327, No.143), is repealed:

26[Section 540. Adjustment of Indebtedness when Part of
27Township is Annexed.--Where any part of any township or outlying
28lots thereof are annexed to any city, the township officers of
29that part of the said township not annexed, and the city council
30of the said city, shall make a just and proper adjustment and

1apportionment of all public property owned by the said township
2at the time of said annexation, both real and personal,
3including funds as well as indebtedness, if any, to and between
4the said township and the city. In making such adjustment and
5apportionment of the property and indebtedness, the township and
6the city shall be entitled respectively to share in a division
7of the property and indebtedness in the proportion that the
8assessed valuation of the land remaining in the township bears
9to the assessed valuation of the land annexed: Provided,
10however, That where indebtedness was incurred by the township
11for an improvement located wholly within the annexed part of the
12township, the whole of such indebtedness shall be assumed by the
13city, and where any part of any such improvement is located
14within the annexed part of the township, the part of such
15indebtedness representing the part of the improvement located
16within the territory annexed, shall be assumed by the city, and
17the adjustment and apportionment of any remaining debt, and the
18public property of the township shall be made as above provided.
19The adjustment and apportionment as made shall be reduced to
20writing, and duly executed and acknowledged by the proper
21officials, and filed in the office of the clerk of the court of
22quarter sessions of the county in which said city is located. A
23copy of such adjustment and apportionment shall be forwarded by
24the city clerk to the Department of Community Affairs of the
25Commonwealth.]

26Section 36. Sections 541, 542 and 543 of the act are
27repealed:

28[Section 541. Appointment of Commission; Contents of
29Report.--In case the said council of the said city and the
30township's authorities cannot make such amicable apportionment

1and adjustment of their property and indebtedness within six
2months after any such annexation, then, in that case, the said
3council or any officer of said township may present a petition
4to the court of quarter sessions of the county in which the said
5city is located. Whereupon the said court shall appoint three
6disinterested commissioners, residents and taxpayers of said
7county not residing in the said city nor in the said township,
8who, after hearing, due notice of which shall be given to the
9city and township interested by publication once in one or more
10newspapers, at least twenty days before said hearing, in accord
11with the provisions of section one hundred and nine of this act,
12shall make report to the court, making an apportionment and
13adjustment according to the provisions of this act of all the
14property as well as indebtedness, if any, to and between the
15said city and the said township, said report to state the
16amount, if any, that shall be due and payable from the city to
17the township, or from the township to the city, as well as the
18amount of indebtedness, if any, that shall be assumed by the
19city or township, or both of them.

20Section 542. Notice of Filing of Report; Exceptions;
21Confirmation.--The commissioners shall give the city and the
22township at least five days' notice of the filing of their
23report. Unless exceptions are filed thereto by the city or by
24the township within thirty days after filing thereof, the same
25shall be confirmed by the court absolutely. Any sum awarded by
26the report to the city or to the township shall be a legal and
27valid claim in its favor against the city or township charged
28therewith, and the amount of debt, if any, apportioned to any
29city or township shall be a legal and valid claim against such
30city or township charged therewith. Any property, real or

1personal, given and adjudged to the city or the township shall
2become and be the property of the city or the township to
3whichever one the same is given and adjudged. Upon such report
4being confirmed, such claim or indebtedness charged against any
5city or township may be collected in the same manner as a
6judgment is collected against any city or township.

7Section 543. Compensation of Commissioners; Costs.--The
8commissioners shall be allowed five dollars per day for each day
9actually spent by them in the performance of their duties,
10together with their actual necessary expenses. All costs and
11expenses of such proceedings shall be apportioned by the court
12to and between the said city and the said township as it shall
13deem proper.]

14Section 37. Section 544 of the act, repealed in part June
151971 (P.L.118, No.6), is repealed:

16[Section 544. Disposition of Exceptions; Appeal.--In case
17exceptions are filed to the report of the commissioners, the
18court shall dispose of the same, taking testimony if deemed
19advisable, and the decision of the court thereon shall be final
20and binding on the several cities and townships, unless an
21appeal is taken.]

22Section 38. Section 545, Article V subdivision (f) heading,
23sections 550 and 551 and subdivision (g) heading of the act are
24repealed:

25[Section 545. Jurisdiction when Territory is in Two or More
26Counties.--In cases where a city or township is situated in two
27or more counties, the court of quarter sessions of the county in
28which the city is located shall have exclusive jurisdiction over
29the matter, but the same shall be heard by a judge, not a
30resident of either of the judicial districts affected, who shall

1be called to preside specially in the matter, and, in such
2cases, the court shall appoint the commissioners hereinbefore
3provided for from both or from three of such counties.

4(f) Apportionment of Indebtedness when Part of a

5Borough is Annexed

6Section 550. Apportionment of Indebtedness; Decree of
7Court.--The court of quarter sessions having jurisdiction of the
8city, in cases where any part of a borough is annexed to a city,
9upon a petition of the borough or city, may hear evidence and
10consider the indebtedness and assessed valuation of the borough
11and the city and the assessed valuation of the territory
12annexed, and may enter a decree making such adjustment of the
13indebtedness and the manner and time of the payment thereof as
14to the court may seem meet and proper.

15Section 551. Collection of Taxes Assessed Prior to
16Annexation.--Any taxes assessed prior to the going into effect
17of the proceedings shall be paid to the borough, and the
18collection and enforcement thereof shall be as though the land
19had not been detached.

20(g) Wards]

21Section 39. Section 560 of the act, amended October 5, 1967
22(P.L.327, No.143), is repealed:

23[Section 560. Distribution of Annexed Territory Among Wards;
24New Wards; Ward Officers.--Within thirty days from the effective
25date of any annexation, the city council shall cause a petition
26to be presented to the court of quarter sessions of the county
27in which the said city is located, praying for the distribution
28of the annexed territory among the wards of the said city, or
29for the creation of a new ward or wards out of the same, and to
30make such order or decree as may be necessary to constitute such

1ward or wards an election district or election districts, or add
2to or create new election districts in a ward or wards to which
3such territory is attached, and the said court shall, in case of
4the creation of a new ward or wards, appoint the election and
5other officers of the same, and name the place or places of
6holding the first election in the said ward or wards for ward
7officers, and, for that purpose, may order a special election,
8if said court shall deem the same necessary, to be conducted in
9the manner provided by the Pennsylvania Election Code. The
10officers elected at such special election shall hold their
11respective offices until their successors, elected at the next
12succeeding municipal election, shall be duly qualified. Any
13decree of court creating a new ward or wards shall be entered in
14full upon the records of said court and certified copies
15thereof, under the seal of the court, shall be delivered by the
16clerk of said court to and be filed by the city clerk of the
17city and the secretary of the school district in which said ward
18or wards become located. The clerk of the court of quarter
19sessions shall likewise certify copies thereof to the Secretary
20of the Commonwealth and to the Department of Community Affairs.]

21Section 40. Article V subdivision (h) heading of the act,
22amended August 6, 1963 (P.L.511, No.268), is repealed:

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

24Section 41. Section 561 of the act, amended October 5, 1967
25(P.L.327, No.143), is repealed:

26[Section 561. If any city owns land contiguous to said city
27on January 1, 1963, the city may annex said territory in the
28following manner:

29A bill may be introduced in council to annex said land,
30setting forth a description of the territory to be annexed and

1the courses and distances of the boundaries of such territory.
2If said bill becomes an ordinance by action of council, a copy
3thereof shall be certified to the Department of Community
4Affairs.]

5Section 42. Section 562 of the act, added May 27, 1957
6(P.L.210, No.104), is repealed:

7[Section 562. Upon such annexation by ordinance, a plan of
8the territory annexed shall be filed by the city council in the
9office of the county commissioners and with the clerk of the
10court of quarter sessions, and thereupon the annexation shall
11become effective.

12The annexation proceedings authorized by these sections are
13in addition to, and not in substitution of, proceedings
14otherwise provided by law for annexation of territory, and may
15be followed without reference to or compliance with such other
16provisions.]

17Section 43. Article V subdivision (i) heading, section 570,
18subdivision (j) heading and section 580 of the act, added July
1910, 1959 (P.L.521, No.139), are repealed:

20[(i) Terms and Salaries of Officials and Employes

21of Annexed Territory

22Section 570. Annexation Officials and Employes.--In case of
23annexation, all salaried public officials of territory annexed
24who have theretofore been elected for a definite term shall
25continue to receive during the term for which they were elected
26the same salaries as they would have received except for such
27annexation, and it shall be the duty of the mayor of such city
28to assign to such public officials the performance of such
29suitable services and duties as will be in the public interest
30of the city and particularly of the annexed portion thereof. In

1case of nonelective employes of such annexed borough or
2township, they shall, so far as practicable, be employed at
3corresponding duties by the city in accordance with rules and
4regulations to be established by city ordinance. Tax collectors
5holding office at the date of annexation shall continue to
6perform the duties and receive the emoluments of office for the
7full term for which they were elected, but upon the expiration
8of such term, the office shall be abolished within such
9territory and the duties thereof shall be merged with that of
10the collector of taxes of such city of the third class.

11(j) Ordinances

12Section 580. Annexation Ordinances.--In case of annexation,
13all ordinances governing the annexed territory shall remain in
14full force and effect over the annexed territory until
15appropriate ordinances are passed by the Council of the city of
16the third class integrating ordinances of the annexed territory
17with those of the city of the third class.]

18Section 44. Article VI heading of the act is reenacted to
19read:

20ARTICLE VI

21CITY BOUNDARIES

22Section 45. Sections 601, 602, 603, 604, 605 and 606 of the
23act are amended to read:

24Section 601. Navigable Stream Boundaries.--Whenever any city
25is bounded by the nearest margin of a navigable stream, and an
26opposite [township, borough, or city] municipal corporation is
27also bounded by the nearest margin of the same stream, the
28boundaries of [such] the city shall extend to the center line of
29the stream. Nothing contained in this section shall be construed
30to repeal any local or special law providing otherwise.

1Section 602. Court to Establish Disputed Boundaries.--[The
2court of quarter sessions, upon petition of any interested
3political subdivision] (a) In any case in which a city or any 
4municipal corporation contiguous to the city disputes the 
5boundary between them, the court of common pleas, upon petition 
6of the city or the contiguous municipal corporation, may
7ascertain and establish the disputed [boundaries between any
8such parties. Whenever the] boundary.

9(b) In any dispute [involves] involving the boundaries of
10counties, the provisions of [the County Code shall apply to that
11extent.] this article shall not supersede the application of the 
12relevant provisions of the act of August 9, 1955 (P.L.323, 
13No.130), known as "The County Code," and the act of July 28, 
141953 (P.L.723, No.230), known as the "Second Class County Code," 
15or any other law applicable to the fixing of county boundaries.

16Section 603. Petition to Court; Commissioners; Report.--Upon
17[such] petition in accordance with section 602(a), the court
18shall appoint [as] three impartial commissioners [three
19impartial qualified electors], who shall have authority to
20employ a professional engineer or surveyor. After giving notice
21to interested parties [affected] by publication once in at least
22one newspaper of general circulation, in conformity with section
23[one hundred and nine of this act, they shall view the disputed
24boundaries] 109, or as directed by the court, the commissioners 
25shall hold a hearing and view the disputed boundaries. A
26majority of the commissioners shall make [a prompt] its report
27and recommendations to the court, [which report shall be]
28accompanied [with] by a plot or draft of the lines and 
29boundaries proposed [boundary, if the same cannot be fully
30described] to be ascertained and established if they cannot be 

1fully designated by natural lines[. The] or boundaries. Upon the 
2filing of the report, it shall be confirmed nisi, and the court
3[shall] may make [such] further order [thereupon as to] as it
4shall [seem] deem just and reasonable.

5Section 604. [Reviews;] Exceptions and [Issues.--Any person
6affected may petition the court for a review, or may except to
7the report of the commissioners. When matters of fact are in
8dispute, the court may frame an issue and certify the same for
9trial to the court of common pleas.] Procedure.--Exceptions to 
10the report may be filed by any interested person or municipal 
11corporation within thirty days after the filing of the report, 
12and the court shall set a day for the hearing of the exception. 
13Notice of the hearing shall be given as the court may direct. 
14After hearing, the court may sustain the exceptions or dismiss 
15them and confirm the report or refer the report back to the same 
16or new commissioners with authority to make another report. If 
17no exceptions are filed within thirty days after the filing of 
18the report, the court shall confirm the report absolutely. When 
19any report is confirmed absolutely, the court shall enter a 
20decree establishing the lines and boundaries as shown in the 
21report.

22Section 605. Pay and Expenses of Commissioners.--The
23commissioners shall each receive [five dollars per day, for each
24day necessarily employed in the performance of their duties, as
25well as mileage at the rate of ten cents per mile for each mile
26necessarily traveled, and reasonable expenses incurred for
27surveying] reasonable compensation as established by the court 
28and reasonable expenses incurred for surveying services, to be
29paid equally by the [political subdivisions interested] city and 
30any interested municipal corporation.

1Section 606. Boundary Monuments.--[Whenever a boundary is
2established pursuant to the preceding sections of] If a 
3boundary, ascertained and established pursuant to this article,
4[the court shall cause such part of the same as] cannot be fully
5described by natural lines, the court shall cause it to be
6marked with permanent monuments, placed at intervals not
7exceeding fifteen hundred feet[,] and at the end of any course[,
8and the]. The expense of placing [the said] these monuments,
9[when] as approved by the court, shall be borne equally by the
10[political subdivisions interested, and the court shall compel
11payment of the same according to law] city and any interested 
12municipal corporation.

13Section 46. Article VII heading of the act is reenacted to
14read:

15ARTICLE VII

16ELECTED OFFICERS AND ELECTIONS

17Section 47. Sections 701, 702, 703 and 704 of the act are
18amended to read:

19Section 701. Elected Officers; Term; Eligible to Reelection;
20Vacancies Where Elected Officer Fails to Qualify.--[The] (a)
21(1) Except as provided in subsection (c), the elected officers
22of each city shall be a mayor, four [councilmen] council 
23members, a controller, and a treasurer.

24(2) Except as provided in section [seven hundred and two of
25this act] 702 with respect to the first election of members of
26council, each [of such officers] elected officer shall serve for
27a term of four years from the first Monday of January next
28succeeding [his] the officer's election[,] until the first
29Monday of January in the fourth year thereafter.

30(3) Any such officer shall be eligible to reelection.

1(b) Any person elected to a city office who fails to qualify
2[within thirty days after the first Monday of January following
3his election] in accordance with the provisions of sections 904 
4and 905 and, as applicable, section 1001, 1201, 1401 or 1701,
5shall be ineligible to qualify thereafter. A vacancy shall then
6exist in the [said] office and a person shall be appointed to
7fill [said] the vacancy in the manner provided by this act.

8(c) In accordance with this subsection, two additional
9council members may be elected to form a seven-member council
10comprised of six council members and the mayor, or a city that
11has opted for a seven-member council may reestablish a five-
12member council comprised of four council members and the mayor,
13in accordance with the following:

14(1) Upon petition of at least five per centum of the
15registered voters of the city or pursuant to a resolution of
16council, and after approval by a majority of those voting at the
17next municipal or general election, there shall be elected two
18additional council members, so that the council shall be
19comprised of six council members and the mayor.

20(2) The referendum petition or resolution of the council
21certified by the city clerk shall be filed with the county board
22of elections not later than the thirteenth Tuesday before the
23next municipal or general election. The county board of
24elections shall place the question before the electors as
25provided by the Pennsylvania Election Code. The form of the
26question shall be as follows:

27Should two additional council members be elected to serve in
28this city, so that council shall be comprised of six council
29members and the mayor?

30Yes

No

1(3) The county board of elections shall tabulate and publish
2in a newspaper of general circulation the results of the
3referendum within thirty days of the election.

4(4) In no event shall the question of additional council
5members be voted on more than once in any three-year period.

6(5) Terms of newly elected council members shall be as
7follows:

8(i) At the first municipal election following approval at a
9general election of the question providing for the election of
10two additional council members, one of the additional council
11members shall be elected for a term of four years and one for a
12term of two years, each to serve from the first Monday of
13January after the election.

14(ii) At the first general election following approval at a
15municipal election of the question providing for the election of
16two additional council members, one of the additional council
17members shall be elected for a term of three years and one for a
18term of one year, each to serve from the first Monday of January
19after the election.

20(iii) After that time, the additional council members shall
21be elected for terms of four years each to serve from the first
22Monday of January after the election.

23(5.1) In cities divided into wards, the two new council
24members elected in accordance with clause (5) shall represent
25the city at large. No sooner than four years after the election
26adding two additional council members, the city may change the
27representation of either or both of the two additional seats
28from at-large to ward representation in accordance with Article
29IV or any other law.

30(6) In cities in which the electorate has opted for a seven-

1member council, comprised of six council members and the mayor,
2the city shall return to a five-member council, including the
3mayor, upon petition of at least five per centum of the
4registered voters of the city or pursuant to a resolution of the
5council, and after approval by a majority of electors voting at
6the next municipal or general election. The referendum petition
7or resolution shall be filed with the county board of elections
8not later than the thirteenth Tuesday before the next municipal
9or general election. The county board of elections shall place
10the question before the electors as provided under the
11Pennsylvania Election Code. The form of the question shall be as
12follows:

13Should this city return to a five-member council, comprised
14of four council members and the mayor?

15Yes

No

16(7) The county board of elections shall tabulate and publish
17in a newspaper of general circulation the results of the
18referendum within thirty days of the election. In no event shall
19the question of reducing the seven-member council be voted on
20more than once in any five-year period.

21(8) At the first municipal election following approval of
22the question providing for the return to a five-member council,
23to be comprised of four council members and the mayor, four
24council members shall be elected to serve from the first Monday
25of January after the election, when the terms of the six council
26members serving on the seven-member council shall cease. The
27four candidates receiving the highest number of votes for the
28office of council member shall be elected. The two candidates
29receiving the first and second highest number of votes shall
30serve for a term of four years. The two candidates receiving the

1third and fourth highest number of votes shall serve for a term
2of two years. After that time, council members shall be elected
3as provided in subsection (a).

4Section 702. First Elections in Newly Created Cities.--(a)
5At the first municipal election occurring at least ninety days
6after the date of the letters patent issued by the Governor
7incorporating [and] the city, the [qualified electors of such]
8registered voters of the city shall elect [a mayor, a treasurer,
9and a controller] city officials as set forth in section 701(a)
10(1). [At such election, the electors of such city shall also
11elect four councilmen.]

12(b) The two candidates for [such office] council receiving
13respectively the highest number of votes at [such] the election
14shall serve for a term of four years from the first Monday of
15January next succeeding their election until the first Monday of
16January in the fourth year thereafter[, and the two candidates
17at such election].

18(c) The two candidates for council receiving the next
19highest number of votes shall serve for a term of two years from
20the first Monday of January next succeeding their election until
21the first Monday of January in the second year thereafter.

22Section 703. Nominations and Elections.--All matters
23relating to nominations of candidates and election of city
24officers shall be governed by the applicable provisions of the
25Pennsylvania Election Code.

26Section 704. Certificates of Election.--[Whenever an
27election shall have been held for city officers, for regular
28terms of service] Upon the election of city officers in 
29accordance with this article, it shall be the duty of the
30[officer-elect to procure from the] county board of elections to 

1issue, and of the officer-elect to procure, a certificate of
2election [as issued by the board, according to law, and to lay
3the same before]. The officer-elect shall present the 
4certificate of election to council on the date and time fixed by
5law for [their] its organization[; and the said]. The
6certificate shall be filed among the city archives, and its
7presentation shall be noted in the minutes.

8Section 48. Article VIII heading of the act is reenacted to
9read:

10ARTICLE VIII

11VACANCIES IN OFFICE

12Section 49. Section 801 of the act, amended August 21, 1953
13(P.L.1292, No.364), is amended to read:

14Section 801. Vacancies in Council and Office of Mayor.--[If
15a vacancy exists in the city council, whether as to the office
16of mayor or one or more of the other members of council, the
17city council shall, by a majority of its remaining members, fill
18such vacancy, within thirty days thereafter, by electing a
19qualified person to serve until that first Monday of January
20when his successor who shall have been elected by the qualified
21electors at the next municipal election, occurring at least
22thirty days after such vacancy exists, is duly sworn into office
23for the remainder of the term of the person originally elected
24to said office.

25In case vacancies should exist whereby the offices of three
26or four of the five members of the city council become vacant,
27the remaining one or two members shall fill such vacancies, one
28at a time, giving each new appointee such reasonable notice of
29his appointment as will enable him to meet and act with the then
30qualified member or members of the city council in making

1further appointments until three members of city council have
2been qualified, whereupon the said three members shall fill the
3remaining vacancies at a meeting attended by the said three
4members of said city council, such appointees to receive a
5majority of the votes of the said three members present at any
6such meeting. The person or persons selected to fill such
7vacancy or vacancies shall hold their offices as herein
8provided.

9If, by reason of a tie vote, or otherwise, such vacancy shall
10not have been filled by the remaining members of city council
11within the time as limited herein, the court of common pleas,
12upon the petition of ten or more qualified electors shall fill
13such vacancy by the appointment of a qualified person, for the
14portion of the unexpired term as above provided.

15If at any time vacancies should occur or exist in the
16membership of all five members of city council, the court of
17common pleas shall appoint a city council, including a mayor, of
18persons properly qualified, who shall serve as herein provided.] 
19(a) Within thirty days of a vacancy in the office of mayor or 
20other member of city council, or if an elected mayor or council 
21member has failed to qualify pursuant to section 701 prior to 
22taking office, the council shall, by a majority of its remaining 
23members, appoint a qualified person to fill the vacant office.

24(b) If council does not fill a vacancy within thirty days in
25accordance with subsection (a), or if vacancies should exist in
26the offices of a majority or more of the members of the city
27council, including the position of mayor, the president judge of
28the court of common pleas having jurisdiction within the city
29shall fill the vacancy or vacancies upon either the petition of
30ten or more qualified electors of the city or the petition of a

1majority of the remaining members of council.

2(c) A person appointed under subsection (a) or (b) shall
3serve for the lesser of the following periods:

4(1) The remainder of the unexpired term of the office to
5which the person is appointed.

6(2) Until the first Monday of January after the next
7municipal election occurring at least thirty days after the
8vacancy occurred.

9(d) If necessary to fill the unexpired term of the person
10originally elected to an office that has become vacant, a person
11shall be elected at the municipal election referred to in
12subsection (c) to serve from the first Monday of January after
13that election for the remainder of the unexpired term.

14Section 50. Section 802 of the act, amended May 6, 1957
15(P.L.104, No.45), is amended to read:

16Section 802. Vacancy in Office of Controller or of
17Treasurer.--[If a vacancy occurs in the office of city
18controller or in the office of city treasurer, the city council
19shall fill such vacancy, within thirty days thereafter, by
20choosing a city controller or a city treasurer, as the case may
21be, to serve until his successor is elected by the qualified
22electors at the next municipal election, occurring at least two
23hundred days after such vacancy occurs, and is duly sworn into
24office. The person so elected shall serve for the remainder of
25the term of the person originally elected to such office.

26If by reason of a tie vote or otherwise, such vacancy shall
27not have been filled by the members of city council within the
28time as limited herein, the court of common pleas upon the
29petition of ten or more qualified electors shall fill such
30vacancy by the appointment of a qualified person for the portion

1of the unexpired term as above provided.] (a) Within thirty 
2days after a vacancy occurs in the office of city controller or 
3in the office of city treasurer, or if an elected city 
4controller or city treasurer has failed to qualify pursuant to 
5section 701 prior to taking office, the council shall appoint a 
6qualified person to fill the vacant office.

7(b) If council does not fill a vacancy within thirty days in
8accordance with subsection (a), the president judge of the court
9of common pleas having jurisdiction within the city shall fill
10the vacancy upon the petition of ten or more registered voters
11of the city.

12(c) A person appointed under subsection (a) or (b) shall
13serve for the lesser of the following periods:

14(1) For the remainder of the unexpired term of the
15controller or treasurer whose office has become vacant.

16(2) Until the first Monday of January after the next
17municipal election occurring at least two hundred days after
18such vacancy occurs.

19(d) If necessary to fill the unexpired term of the
20controller or treasurer whose office has become vacant, a person
21shall be elected at the municipal election referred to in
22subsection (c) to serve from the first Monday of January after
23that election for the remainder of the unexpired term.

24(e) In any case in which a person is elected or appointed to
25fill an office for which a bond is required and if, within
26fourteen days of the date that person is scheduled to take the
27oath of office at the organizational meeting of council, the 
28person fails to post a bond, the office shall be deemed to be
29vacant and the resulting vacancy shall be filled in the manner
30provided by this act.

1Section 51. Article IX heading of the act is reenacted to
2read:

3ARTICLE IX

4GENERAL PROVISIONS RELATING TO CITY

5OFFICERS AND EMPLOYES

6Section 52. Sections 901, 902, 903, 904, 905, 906, 907, 908
7and 909 of the act are amended to read:

8Section 901. Appointment and Removal of Officers and 
9Employes; Removal from Elective Office; Employes Not to Hold 
10Elective Office.--(a) Council shall have the power of 
11appointment and dismissal of all city officers and employes, 
12other than elected officers, and shall provide for the removal 
13of officers of the city whose offices are established by 
14ordinance, except where otherwise provided by this act.

15(b) In the case of persons holding an elective city office,
16whether elected thereto or duly appointed to fill a vacancy in
17the elective office, the following shall apply:

18(1) They shall be removed from office in accordance with the
19Constitution of this Commonwealth, as follows:

20(i) by impeachment;

21(ii) by the Governor for reasonable cause after due notice
22and full hearing on the advice of two-thirds of the Senate; or

23(iii) upon conviction of misbehavior in office, or of any
24infamous crime.

25(2) Provisions of this act or other provisions of law
26requiring a forfeiture of office upon the conviction of a crime
27shall apply only if the court determines that the conviction is
28for misbehavior in office or for an infamous crime.

29(3) Nothing in this section shall prevent title to elected
30city offices from being tried by proceedings of quo warranto as

1provided by law.

2(c) In the case of persons who are appointees to city
3offices or positions, other than to elective offices, the
4following shall apply:

5(1) They may be removed by the appointing power, except as
6limited by law or the constitution.

7(2) They shall be removed on conviction of misbehavior in
8office or of any infamous crime.

9(d) Except as otherwise provided by law, a person may not
10concurrently hold elective city office and be an employe of the
11same city.

12Section 902. Officers and Employes; Number; Duties; 
13Compensation.--[Council shall] (a) Except as otherwise provided 
14by this act, council may prescribe, by ordinance, the number, 
15duties, and compensation of the officers and employes of the 
16city. [No payment of such compensation shall be made from the 
17city treasury or be in any way authorized, to any person except 
18an officer or employe elected or appointed in pursuance of law. 
19No ordinance shall be passed giving any extra compensation to 
20any officer, servant, employe or contractor, without previous 
21authority of law.]

22(b) With regard to compensation paid to any officer or
23employe of the city, the following shall apply:

24(1) No payment shall be authorized from the city treasury to
25any officer or employe of the city unless that officer or
26employe has been elected or appointed in accordance with law.

27(2) Unless previously authorized by law, no ordinance shall
28give extra compensation to any officer or employe of the city.

29(c) Any officer drawing or countersigning any [warrant] 
30document authorizing payment, or passing or paying any voucher 

1contrary to this section, [shall be guilty of] commits a 
2misdemeanor[,] and shall, upon conviction [thereof, shall 
3forfeit his office], be subject to forfeiting office in 
4accordance with section 901(b)(2) and [be] sentenced to pay a 
5fine not exceeding five thousand dollars, or to undergo 
6imprisonment not exceeding one year, or both, at the discretion 
7of the court.

8Section 903. [Salaries of Officers not to be Increased After 
9Election] Changes in Salary, Compensation and Emoluments of 
10Officers.--(a) No city shall increase or diminish the salary, 
11compensation, or emoluments of any elected officer after [his] 
12the officer's election. Any change in salary, compensation or 
13emoluments of the elected office shall become effective at the 
14beginning of the next term of the member of council or other 
15elected official.

16(b) Nothing in subsection (a) shall be construed to limit
17retirement benefits applicable to all employes and officers.

18Section 904. Offices to be Held until Qualification of 
19Successors.--Any officer of any city, who has been elected or 
20appointed and has qualified, shall hold [said] office until 
21[his] the officer's successor is elected or appointed and [duly 
22qualifies.] takes the oath of office, provides any necessary 
23bond and takes any other necessary actions required by law to 
24qualify to assume office. Should any elected official fail to 
25appear at the organizational meeting of the city council to 
26demonstrate the official's qualifications for office and to take 
27the oath of office, the official shall fully qualify for office 
28and shall take the oath of office within fourteen days of the 
29date of the organizational meeting of the council or the office 
30of that elected official shall be deemed to be vacant and the 

1vacancy shall be filled in the manner provided by this act. When 
2the terms of office of more than one council at-large member 
3expire, and more than one seated council member are to be 
4replaced as the result of an election, and only one of the newly 
5elected council members fails to qualify to assume office, those 
6members whose terms have expired and who are to be replaced 
7shall draw lots to determine which of them shall continue to 
8serve on council until the member's successor duly qualifies for 
9and takes the oath of office. No person continuing to hold 
10office pursuant to this section after the first Monday of 
11January which would have marked the end of the person's term 
12shall participate in the deliberations concerning or in any vote 
13appointing the person's successor.

14Section 905. Oath of Office; Violation of Oath; Penalty.--
15(a) All officers of the city, whether elected or appointed, 
16shall, before entering upon their respective duties, take and 
17subscribe [the oath prescribed by section 1 of article VII of 
18the Constitution of this Commonwealth. Any person refusing to 
19take such oath shall forfeit his office. Any person guilty of a 
20violation of his oath shall be guilty of a misdemeanor, and, 
21upon conviction, shall forfeit his office, and be sentenced to 
22pay a fine not exceeding one thousand dollars, or to undergo an 
23imprisonment not exceeding one year, or both, at the discretion 
24of the court.] an oath or affirmation of office pursuant to 53 
25Pa.C.S. § 1141 (relating to form of oaths of office).

26(b) Any person refusing to take the oath shall be deemed not
27to have met the qualifications to hold office. Any person who
28violates the person's oath commits a misdemeanor and shall, upon
29conviction, be sentenced to pay a fine not exceeding one
30thousand dollars or to undergo imprisonment not exceeding one

1year, or both, at the discretion of the court, and shall be
2subject to forfeiting office in accordance with section 901.

3Section 906. Bond to be Given by Officers and Agents.--
4[Council] In addition to the requirements for bonding that may 
5be imposed by this act or any other law, council may require 
6from all officers and agents of the city, elected or appointed, 
7lawful bonds with corporate sureties for the faithful 
8performance of their duties. No officer or agent required by law 
9or ordinance to give bond, as aforesaid, shall be sworn into 
10office or enter upon the duties thereof until such bond shall 
11have been duly approved by the proper authority.

12Section 907. Surety Bonds; [Premiums.--When any officer or 
13employe of any city is required to give a bond for the faithful 
14performance of this duties, such bond shall be endorsed by a 
15surety company, and the city shall pay the premium on such bond. 
16The bonds of city officers and employes hereafter given shall be 
17with corporate sureties and not with individual or personal 
18sureties.] Insurance; Premiums.--(a) Unless otherwise provided 
19by this act or any other provision of law, the following shall 
20apply when any elected or appointed officer or employe of any 
21city is required to give a bond:

22(1) The bond shall be for the faithful performance of the
23duties of the elected or appointed officer or employe.

24(2) The bond shall be endorsed by a surety or other company
25authorized by law to act as a surety and that is qualified to do
26business in this Commonwealth.

27(3) The bonds of elected or appointed officers and employes
28shall be with corporate sureties and not with individual or
29personal sureties.

30(4) The city shall pay the premium on the bond, unless all

1or a portion of the premium on the bond is to be paid by the
2Commonwealth or political subdivisions other than the city, or
3unless provisions are otherwise made in law for payment of the
4premium on the bond, in which case the city shall pay the unpaid
5portion of the premium.

6(5) The bond shall be approved by the city solicitor.

7(6) In addition to any other conditions required by law, the
8bond shall be in such sum and with such conditions as council
9may direct.

10(b) Except as may be otherwise provided in section 1402,
11when any elected or appointed officer or employe of any city is
12required to give a bond for the faithful performance of the 
13officer's or employe's duties, council may, in lieu of the bond,
14purchase one or more blanket bonds for elected or appointed
15officers or employes or it may purchase insurance provided that
16the insurance covers the same events of loss and insures the
17city against the same misconduct as the bond in compliance with
18this act.

19(c) In addition to any bond required by this act for the
20faithful performance of official duties by any elected or
21appointed officer or employe of any city or any insurance in
22lieu of the bond, council may require city officers or employes
23who as part of their official duties handle money or have money
24in their possession at any time to be covered by adequate
25insurance which provides the types of protection against loss as
26may be designated by council, which may include, but need not be
27limited to, protection against loss through robbery, burglary or
28larceny. The cost of the insurance shall be paid by the city and
29the amount of the insurance shall be fixed by council.

30Section 908. Officers not to Become Surety on Bonds Given to 

1City; Penalty.--No member of the council, or any other city 
2officer, shall become surety [in] on any bond or obligation 
3given to the city by any agent or contractor[,] for the faithful 
4performance of any trust, agency, or contract. Any person 
5violating any of the provisions of this section [shall be guilty 
6of] commits a misdemeanor[,] and shall, upon conviction, [shall 
7forfeit his] be subject to forfeiting office in accordance with 
8section 901 and [be] sentenced to pay a fine not exceeding one 
9hundred dollars.

10Section 909. Moneys and Accounts to be Delivered by Officer 
11to Successor.--Every officer of the city receiving or having in
12[his] the officer's possession any money, accounts, property, 
13documents or effects belonging to the city shall, upon 
14termination of [his] office, deliver the same to the city or to 
15[his] the officer's qualified successor. Any person violating 
16the provisions of this section shall[, upon summary conviction 
17thereof before an alderman or justice of the peace, be sentenced 
18to pay a fine of not less than one hundred dollars or more than 
19three hundred dollars, and, in default of payment, undergo 
20imprisonment not exceeding ninety days. Such failure to deliver 
21shall, for each day thereof, be a separate and distinct 
22offense.] be subject to prosecution in accordance with the 
23applicable provisions of 18 Pa.C.S. (relating to crimes and 
24offenses). Nothing set forth in this section may limit any other 
25remedies at law or at equity available to the city.

26Section 53. Sections 910, 911, 912, 913, 914 and 915 of the
27act are repealed:

28[Section 910. Receipt of Bribe by Officer or Employe of 
29City; Penalty.--Any member of council, or other city officer or 
30employe, who shall solicit, demand, or receive, or consent to 

1receive, directly or indirectly, for himself or for another, 
2from any company, corporation, or persons, any moneys, office, 
3appointment, employment, testimonial, reward, thing of value or 
4enjoyment or of personal advantage, or promise thereof, for his 
5vote or official influence, or for withholding the same, or with 
6an understanding, expressed or implied, that his vote or 
7official action shall be in any way influenced thereby, or who 
8shall solicit or demand such money or other advantage, matter, 
9or thing, aforesaid, for another, as the consideration of his 
10vote or official influence, or for withholding the same, or who 
11shall give or withhold his vote or influence in consideration of 
12the payment or promise of such money, advantage, or thing to 
13another, shall be guilty of bribery, a felony, and, upon 
14conviction thereof, shall be sentenced to pay a fine not 
15exceeding ten thousand dollars, and to undergo imprisonment for 
16a period not exceeding five years, and shall be forever 
17incapable of holding any place of profit or trust in this 
18Commonwealth.

19Section 911. Bribery of Officers or Employes; Penalty.--Any
20person who shall, directly or indirectly, offer, give, or
21promise any money or anything of value, testimonial, privilege,
22or personal advantage to any member of council or other city
23officer or employe, to influence him in the performance or
24nonperformance of any of his public or official duties, shall be
25guilty of bribery, and, upon conviction thereof, shall be
26sentenced to pay a fine not exceeding ten thousand dollars, and
27to undergo imprisonment for a period not exceeding five years,
28and shall be forever incapable of holding any place of profit or
29trust in this Commonwealth.

30Section 912. City Property not to be Used by Officers for

1Gain; Penalty.--No portion of the property of the city shall be
2used for private gain by any officer of the city, councilman,
3agent or employe of said city, or any department thereof; nor
4shall the same be wilfully used or injured, or be sold or
5disposed of in any manner by any officer, councilman, agent or
6employe, without the consent of the council. Any person
7violating any of the provisions of this section shall be guilty
8of a misdemeanor, and, upon conviction, shall be sentenced to
9pay a fine not exceeding five hundred dollars, or to undergo
10imprisonment not exceeding one year, or both, at the discretion
11of the court. Upon such conviction, the party offending shall be
12forthwith removed from his office or employment, and shall not
13thereafter be eligible to election or appointment to any place
14of profit or trust under said city, or any department thereof.

15Section 913. City not to Engage in Private Construction.--No
16official, officer, agent or employe of any city or of any
17department, office, institution or agency thereof, shall dispose
18of, or authorize or permit the disposal of, any services,
19materials, supplies or labor belonging to, or paid or contracted
20for by, the city or any of its departments, offices,
21institutions or agencies, in any building, installing, laying or
22other work of construction of any manner of thing, whether
23gratuitously or for a consideration, for private rather than
24public benefit, within or without the city's boundaries, unless
25such disposal is expressly or by necessary implication
26authorized or required by law. This section is intended to
27prohibit encroachment of officials, officers, agents or employes
28of a city upon the markets of legitimate private enterprise
29engaged in all types of construction work. Any official,
30officer, agent or employe of a city or any department, office,

1institution or agency thereof, violating the provisions of this
2section, shall, upon summary conviction thereof, forfeit and pay
3to the city a fine of not less than one hundred nor more than
4three hundred dollars for each such offense, or in default
5thereof undergo imprisonment for not more than ninety days; and
6each day's violation shall constitute a separate and distinct
7offense.

8Section 914. Warrants or Claims not to be Purchased by
9Officers; Penalty.--No member of the council or other officer of
10such city, shall purchase any warrant, order, or claim for labor
11or supplies furnished to said city, nor be interested, directly
12or indirectly, in the purchase of the same for any sum less than
13the amount specified therein. Any such person violating any of
14the provisions of this section shall be guilty of a misdemeanor,
15and, upon conviction thereof, shall forfeit his office and be
16sentenced to pay a fine not exceeding one hundred dollars.

17Section 915. Imposition of Penalties.--Whenever any offense
18punishable under this article IX shall also be punishable under
19the Penal Code of 1939, the penalties imposed, other than
20forfeiture of office or right to hold office, shall be only
21those prescribed by said Penal Code.]

22Section 54. Section 916 of the act, amended September 26,
231951 (P.L.1515, No.379), is amended to read:

24Section 916. [City Leagues] Pennsylvania Municipal League 
25and Other Municipal Affairs Organizations.--Any city may unite 
26with other cities, or with the cities of two or more classes, or 
27with any other municipalities, and may form and organize 
28[leagues] a league of said cities[,] and municipalities and hold 
29annual conventions for the study and consideration of such 
30municipal affairs as concern and pertain to the cities and 

1municipalities comprising the league. [Each] A city that is a 
2member of [a] the league may send delegates thereto and pay the 
3necessary expenses incident to their attending [said] the annual 
4convention, [and] pay dues to the league, appropriate moneys to 
5join and participate in any of the various business and training 
6programs of the league designed to address municipal needs in a 
7cost-efficient manner and provide a fund for the necessary costs 
8and expenses of the league and league conventions and the work 
9carried on by [said] the league. Each delegate shall submit to 
10the city controller for approval an itemized account of [his] 
11the delegate's expenses to be paid [him] under the authority of 
12this section. Council is hereby authorized to appropriate 
13[monies] moneys for like support of and participation in other 
14organizations at the national and State level concerned with 
15municipal affairs.

16Section 55. Section 917 of the act is amended to read:

17Section 917. Powers of Subpoena; Compelling Testimony.--[In 
18any case where an official or officer of the city or any agency 
19thereof created or authorized by this act is specifically 
20empowered to conduct hearings and investigations, such officer, 
21official or agency] (a) This section applies to any of the 
22following that are specifically empowered to conduct hearings 
23and investigations:

24(1) an officer or official of the city; or

25(2) a city agency created or authorized to be created by
26this act.

27(b) The officer, official or city agency referred to in 
28subsection (a) shall have authority, for the purposes of [such] 
29hearings or investigations, to issue subpoenas for the 
30attendance and giving of testimony of [such] witnesses as are 

1subject to the subpoenas of the courts of record of this 
2Commonwealth, and to issue subpoenas duces tecum as to [such] 
3the witnesses.

4(c) In the case of [any] a city agency, [such] the subpoenas 
5shall [issue] be issued in the name of the city and of the 
6agency upon the signature of the presiding officer [thereof] of 
7the city and the official seal, if any, of the agency. [Any 
8person refusing to obey the orders of any such subpoena shall, 
9upon summary conviction thereof before an alderman of the city, 
10be fined not less than ten nor more than three hundred dollars, 
11and in default of payment thereof shall be imprisoned for a 
12period not in excess of thirty days. All such fines shall be 
13paid to the city treasurer for the use of the city.]

14(d) Subpoenas shall be served by any adult person as
15directed by the city or city agency, in accordance with the
16rules of civil procedure, and return of service shall be filed
17in accordance with law and applicable rules of court.

18(e) Subpoenas issued by any officer or official of the city
19or any city agency shall be enforced in the same manner, and
20violations of a subpoena shall be subject to the same penalties
21as provided by general law for subpoenas of the courts of common
22pleas of the Commonwealth.

23Section 56. Section 918 of the act, added August 1, 1963
24(P.L.459, No.244), is amended to read:

25Section 918. Consolidation or Integration of Fire and Police 
26Personnel Prohibited.--No city shall consolidate, integrate or 
27in any manner reorganize the paid members of the fire [bureau] 
28force and the paid members of the police [bureau] force into one 
29bureau or organization.

30Section 57. Article X and subdivision (a) headings of the

1act are reenacted to read:

2ARTICLE X

3THE COUNCIL

4(a) General Provisions

5Section 58. Section 1001 of the act, amended July 27, 1973
6(P.L.230, No.60), is amended to read:

7Section 1001. Qualifications of [Councilmen.--The 
8councilmen] Council Members.--(a) The council members shall be 
9at least [twenty-one] eighteen years of age[,] and shall be 
10elected by the electors at large[. They shall have been 
11residents of the city wherein they shall be elected throughout 
12one year next before their election, and shall reside therein 
13throughout their terms of service.], subject to the creation of 
14wards pursuant to Article IV.

15(b) Council members shall reside in the city from which
16elected and shall have resided in the city continuously for at
17least one year before their election. Prior to being sworn in to
18office and as a condition to qualifying for office, each elected
19council member shall present a signed affidavit to the city
20clerk that states the person resides in the city from which
21elected and has resided in the city continuously for at least
22one year preceding the person's election.

23(c) No officer of the United States or of the Commonwealth 
24of Pennsylvania (except notaries public or officers of the 
25militia), nor any county officer, nor any officer of any school 
26district embraced in the territory of [said] the city, nor any 
27officer or employe of [said] the city, or of any department 
28[thereof, nor any member or employe of a municipality authority 
29of which the city is a member] of the city, shall serve as a 
30[councilman during his continuance or] council member while 

1continuing to hold the incompatible office or employment, except 
2as hereinafter provided.

3Section 59. Section 1002 of the act is amended to read:

4Section 1002. Vesting of Legislative Power.--The legislative 
5power of every city shall be vested in a council composed of the 
6mayor and [four councilmen] council members.

7Section 60. Section 1003 of the act, amended April 9, 1957
8(P.L.53, No.27), is amended to read:

9Section 1003. Organization of Council.--[The] On the first 
10Monday of January following the regular municipal election, the 
11members of council shall assemble [in their] at the usual place 
12of meeting[,] for the purpose of organizing[, at ten o'clock in 
13the forenoon of the first Monday of January next succeeding the 
14regular municipal election]. If the first Monday is a legal 
15holiday, the meeting shall be held the first day following [at 
16the time herein prescribed]. The mayor shall be the president of 
17the council, and a member [thereof] of the council, and shall 
18have the same rights and duties, including the introduction of 
19bills and the making of motions, as pertain to [councilmen.] 
20other council members. Unless otherwise provided by ordinance in 
21accordance with section 1101, the vice president of city council 
22shall be the member of city council designated as the director 
23of the department of accounts and finance or, if a member of 
24city council is not the director of that department, the member 
25of council appointed by the council as its vice president.

26Section 61. Sections 1004 and 1005 of the act are amended to
27read:

28Section 1004. Oath of [Councilmen] Council Members; Quorum; 
29Rules.--(a) The members of council shall take the oath of 
30office provided for [by this act, which oath may be administered 

1by the city clerk or any other person authorized to administer 
2oaths. Three] in section 905.

3(b) A majority of the whole number of members of council 
4shall constitute a quorum, but a smaller number may compel the 
5attendance of absent members, under penalties to be prescribed 
6by ordinance. Only members physically present at a meeting place 
7within the city shall be counted in establishing a quorum. 

8(c) The council may, consistent with law, determine [its own 
9rules] and adopt rules for its procedure and conduct of 
10business.

11Section 1005. Meetings of Council; Notice; Participation by 
12Telecommunication Device.--(a) The council shall hold stated 
13meetings at least once in each month, and at such other times as 
14may be fixed by ordinance, and continue them so long as the 
15transaction of the public business demands. The mayor [may, and 
16upon request of two councilmen must, call special meetings of 
17council upon], as president of council, may call special 
18meetings of council. A special meeting of council shall be 
19called by the mayor upon the request of two council members in 
20the case of a five-member council, or upon the request of three 
21council members in the case of a seven-member council. In 
22addition to any notice required by 65 Pa.C.S. Ch. 7 (relating to 
23open meetings), twenty-four hours' notice of a special meeting 
24shall be given to each member[, which notice shall state whether 
25such meeting is to be convened for special or general business. 
26If called for special business, only such business shall be 
27considered as is stated in the notice. Such notice may be waived 
28by unanimous consent of council]. A special meeting can be a 
29special purpose meeting or a general purpose meeting, as 
30advertised. Notice of a special meeting shall state the nature 

1of the business to be conducted at the meeting.

2(b) Council may provide for the participation of council
3members in meetings of council by means of telecommunication
4devices, such as telephones or computer terminals, which permit,
5at a minimum, audio communication between locations, provided
6that:

7(1) A majority of the whole number of members of council are
8physically present at the advertised meeting place within the
9city and a quorum is established at the convening or reconvening
10of the meeting. If after the convening or reconvening of the
11meeting a member has been disqualified from voting as a matter
12of law but is still physically present, council members
13participating by telecommunication device in accordance with
14this section shall be counted to maintain a quorum.

15(2) The telecommunication device used permits the member or
16members of council not physically present at the meeting to:

17(i) speak to and hear the comments and votes, if any, of the
18members of council who are physically present as well as other
19members of council who may not be physically present and who are
20also using a telecommunication device to participate in the
21meeting; and

22(ii) speak to and hear the comments of the public who are
23physically present at the meeting.

24(3) The telecommunication device used permits members of
25council and the members of the public who are physically present
26at the meeting to speak to and hear the comments and vote, if
27any, of the member or members of council who are not physically
28present at the meeting.

29(4) Council may only authorize participation by
30telecommunication device for one or more of the following

1reasons for physical absence:

2(i) illness or disability of the member of council;

3(ii) care for the ill or newborn in the member's immediate
4family;

5(iii) emergency;

6(iv) family or business travel.

7(5) Nothing in this subsection may be construed to limit the
8protections and prohibitions contained in any law or regulation
9relating to the rights of the disabled.

10(c) All meetings of council, whether regular or special, 
11shall be open to the public. The council shall be a continuous 
12body, and it shall be lawful for any council to complete any 
13unfinished business or legislation begun by the preceding 
14council.

15Section 62. Sections 1006, 1007, 1008, 1009, 1010 and 1011
16of the act are repealed:

17[Section 1006. Ordinances; Resolutions; Rules and 
18Regulations; Imposition of Fines.--The council of every city 
19shall pass ordinances, resolutions, rules and regulations in 
20accordance with the provisions of this act, and not inconsistent 
21therewith, as may be necessary to carry into effect the 
22requirements thereof, and may impose fines and penalties for the 
23violation of such ordinances, rules and regulations, recoverable 
24in the manner hereinafter provided for the recovery of fines and 
25penalties for the violation of city ordinances and subject to 
26like limitations as to the amount thereof.

27Section 1007. Voting; No Veto; Vote Necessary to Pass
28Ordinance.--Each of the five members of council, shall vote on
29all questions coming before the council, except as hereafter
30provided. The mayor shall have no right of veto. Except as

1otherwise provided in this act, an affirmative vote of three
2members shall be necessary in order to pass any ordinance,
3resolution, rule or regulation.

4Section 1008. Journal of Proceedings; Recording and
5Withholding of Vote.--The council shall keep a journal of its
6proceedings, which shall be in the possession of the city clerk,
7and which shall at all times be open to public inspection. Upon
8every vote, the yeas and nays shall be called and recorded by
9the city clerk. Every motion, resolution, or ordinance shall be
10reduced to writing before the vote is taken thereon. No member
11in attendance shall withhold his vote on any measure, bill or
12question unless the council excuse him and enter the reason upon
13the journal.

14Section 1009. Disclosures of Interest by Councilman.--A
15member who has a personal or private interest in any question,
16measure or bill proposed or pending before the council shall
17disclose the fact to council, and shall not vote thereon, nor
18take any part in the discussion of the same. If such interested
19person shall vote without disclosing his interest in such
20question, measure or bill, he shall forfeit his office, and
21council may avoid the enactment or transaction or not, as it
22deems best.

23Section 1010. Ordinances and Resolutions; Signing by Mayor
24and City Clerk.--Every legislative act of the council shall be
25by resolution or ordinance, and every ordinance which shall have
26passed said council shall be signed by the mayor and attested by
27the city clerk.

28Section 1011. Bills; Titles.--All proposed ordinances shall
29be presented to council in written form as bills and shall be
30numbered serially for the calendar year. They shall not be so

1altered or amended on their passage through council as to change
2their original purpose. No ordinances, except general
3appropriation ordinances, shall be passed containing more than
4one subject, which shall be expressed in its title.]

5Section 63. Section 1012 of the act, amended July 30, 1975
6(P.L.130, No.64), is repealed:

7[Section 1012. Reading of Bills; Final Passage.--The title
8of every bill shall be read when introduced and on final
9passage, except as to amendments or other changes which shall be
10read at length. A complete copy of every bill introduced shall
11be available for public inspection at the clerk's office during
12regular office hours. No bill shall be passed finally on the
13same day on which it was introduced. At least three days shall
14intervene between its introduction and its final passage. Upon
15final passage, ordinances shall be numbered serially.]

16Section 64. Section 1013 of the act is repealed:

17[Section 1013. Payments not Authorized by Law.--No ordinance
18shall be passed providing for the payment of any money by the
19city without previous authority of law. Any officer drawing or
20countersigning any warrant or passing any voucher for a payment
21not authorized by law, or making such payment, shall be guilty
22of a misdemeanor, and, upon conviction thereof, shall be
23sentenced to pay a fine not exceeding five thousand dollars, and
24undergo imprisonment not exceeding one year.]

25Section 65. Section 1014 of the act, amended December 1,
261977 (P.L.242, No.78), is repealed:

27[Section 1014. Time of Taking Effect of Ordinances; 
28Publication; Recording; Proof and Evidence; Notice of Building, 
29Housing, Fire Prevention, Electrical, Plumbing and Zoning 
30Ordinances and Other Standard or Nationally Recognized Codes, 

1Maps and Plans.--All ordinances shall, unless otherwise provided 
2therein or by law, take effect in ten days after their passage, 
3upon their being signed by the mayor and attested by the city 
4clerk. Every proposed ordinance, except as otherwise herein 
5provided, prescribing a penalty for the violation thereof shall 
6be forthwith published not more than sixty days nor less than 
7seven days prior to passage in at least one and not more than 
8two newspapers printed or circulated within the city, in the 
9manner provided by section one hundred and nine of this act. 
10Publication of any proposed ordinance shall include either the 
11full text thereof or the title and a brief summary prepared by 
12the city solicitor setting forth all the provisions in 
13reasonable detail and a reference to a place within the city 
14where copies of the proposed ordinance may be examined. If the 
15full text is not included a copy thereof shall be supplied to 
16the same newspaper of general circulation in the city at the 
17time the public notice is published. If the full text is not 
18included an attested copy thereof shall be filed in the county 
19law library or other county office designated by the county 
20commissioners who may impose a fee no greater than that 
21necessary to cover the actual costs of storing said ordinances. 
22In the event substantial amendments are made in the proposed 
23ordinance or resolution, before voting upon enactment, council 
24shall within ten days readvertise in one newspaper of general 
25circulation in the city, a brief summary setting forth all the 
26provisions in reasonable detail together with a summary of the 
27amendments. All ordinances shall, within one month after their 
28passage, be certified and recorded by the city clerk, in a book 
29provided by the city for that purpose, which shall be at all 
30times open to the inspection of citizens. Any and all city 

1ordinances, or portions thereof, the text of which, prior to the 
2effective date of this amending act, shall have been attached to 
3the city ordinance book, shall be considered in force just as if 
4such ordinances, or portions thereof, had been recorded directly 
5upon the pages of such ordinance book: Provided, That all other 
6requirements of this act applicable to the enactment, approval, 
7advertising and recording of such ordinance, or portions 
8thereof, were complied with within the time prescribed by this 
9act. All ordinances, resolutions, motions or other proceedings 
10of council may be proved by the certificate of the city clerk 
11under the corporate seal, and when printed or published in book 
12or pamphlet form by authority of the city, shall be read and 
13received as evidence in all courts and elsewhere without further 
14proof. At least one week and not more than three weeks prior to 
15the first reading of any proposed building code, ordinance, 
16housing code, ordinance, fire prevention code, ordinance, 
17electrical code, ordinance, plumbing code, ordinance, or zoning 
18ordinance, or any standard or nationally recognized code, 
19ordinance, or any changes or variations of any standard or 
20nationally recognized code, or parts thereof, by council, an 
21informative notice of intention to consider such ordinance and a 
22brief summary setting forth the principal provisions of the 
23proposed ordinance in such reasonable detail as will give 
24adequate notice of its contents, and a reference to the place or 
25places within the city where copies of the proposed building 
26code, housing code, fire prevention code, electrical code, 
27plumbing code, or zoning ordinance or any standard or nationally 
28recognized code may be examined or obtained, shall be published 
29in the manner herein provided for the publication of ordinances. 
30Such building code, ordinance, housing code, ordinance, fire 

1prevention code, ordinance, electrical code, ordinance, plumbing 
2code, ordinance, or zoning ordinance or any standard or 
3nationally recognized code, ordinance, shall not be published 
4after adoption, but not less than three copies thereof shall be 
5made available for public inspection, and use during business 
6hours for at least three months after adoption, and printed 
7copies thereof shall be supplied upon demand, at cost. In any 
8case in which maps, plans or drawings of any kind are to be 
9adopted as part of an ordinance, council may, instead of 
10publishing the same as part of the ordinance, refer, in 
11publishing the ordinance or a summary thereof, to the place 
12where such maps, plans or drawings are on file and may be 
13examined.]

14Section 66. Section 1014.1 of the act, added July 10, 1957
15(P.L.631, No.340), is repealed:

16[Section 1014.1. Codification of Ordinances.--(a) When a
17city of the third class shall have caused to be prepared a
18consolidation, codification or revision, containing minor
19nonsubstantive changes of the general body of its ordinances,
20the city council may adopt the consolidation, codification or
21revision, containing minor nonsubstantive changes, as an
22ordinance, in the same manner that is now prescribed by law for
23the adoption of its ordinances except as hereinafter provided.

24(b) A consolidation, codification or revision, containing
25minor nonsubstantive changes of city ordinances, to be enacted
26as a single ordinance, shall be introduced in the city council
27at least thirty days before its final enactment and, at least
28fifteen days before its final enactment, notice of the
29introduction thereof specifying its general nature and content
30shall be given by advertisement in a newspaper of general

1circulation in the city.

2(c) When the consolidation, codification or revision,
3containing minor nonsubstantive changes, is enacted as an
4ordinance, it shall not be necessary to advertise the entire
5text thereof, but it shall be sufficient to publish or advertise
6the table of contents thereof in the manner provided by law for
7the advertising of ordinances, and to state in the advertisement
8if it be the case that the consolidation, codification or
9revision, containing minor nonsubstantive changes, contains a
10penalty or penalties. The advertisement shall indicate a place
11within the city where a copy thereof may be examined.

12(d) The procedure set forth in this section for the
13consolidation, codification or revision, containing minor
14nonsubstantive changes of city ordinances as a single ordinance,
15may also be followed in enacting a complete group or body of
16ordinances repealing or amending existing ordinances as may be
17necessary in the course of preparing a consolidation,
18codification or revision containing minor nonsubstantive changes
19of the city ordinances.

20(e) The consolidation, codification or revision, containing
21minor nonsubstantive changes, may contain matter which, when it
22becomes effective as an ordinance, will operate to adopt by
23reference any building, fire prevention or other standard or
24model code or zoning ordinance and zoning map.]

25Section 67. Section 1015 of the act is amended to read:

26Section 1015. Attendance of Witnesses and Production of 
27Books Before Council or Committee [Thereof] of Council.--(a)
28The council of any city may compel the attendance of 
29witnesses[,] and the production of books, papers, and other 
30evidence[,] at any meeting of the body or any committee 

1[thereof] of the council. For that purpose, subpoenas may 
2[issue] be issued, signed by the mayor or the [chairman] 
3chairperson of the committee, in any pending case of inquiry[,] 
4or investigation, [or impeachment,] and the [same] subpoenas may 
5be served and executed in any part of this Commonwealth. Any 
6member of council and the city clerk shall have power to 
7administer oaths to [such] the witnesses. If any witness shall 
8refuse to testify as to any fact within [his] the witness's 
9knowledge, or to produce any books or papers within [his] the 
10witness's possession or under [his] the witness's control[,] 
11required to be used as evidence in [any such] the case, the city 
12clerk shall [forthwith] report the facts relating to [such] the 
13refusal to the court of common pleas. All questions arising upon 
14[such] the refusal, and also upon any new evidence[,] not 
15included in [said] the clerk's report (which new evidence may be 
16offered in behalf of or against such witness), shall at once be 
17heard by [said] the court. If the court determines that the 
18testimony or evidence required by [such] the witness is legal 
19and properly competent[,] and ought to be given or produced by 
20[him] the witness, then [said] the court shall make an order 
21commanding [such] the witness to testify or produce books or 
22papers, or both, as the case may be. If [such] the witness shall 
23thereafter, in disobedience of [such] the order of the court, 
24refuse to testify or to produce the books or papers[, as 
25aforesaid], then the [said] court shall have power to order the 
26commitment of [such] the witness for contempt.

27(b) Any person[,] so called as a witness[,] and examined
28under oath[,] shall be liable to indictment, conviction[,] and
29punishment for perjury[,] in the same manner and to the same
30extent as if the witness had been called and examined before any

1committee of the Legislature, or in any judicial proceeding
2before any of the courts of record, in accordance with existing
3laws. [No] A person outside of [such] the city, subpoenaed [as
4aforesaid] under this section, shall be [required to respond to
5the same until he has been furnished with] entitled to be 
6reimbursed for mileage to and from [said] the city[,] at the
7[rate of ten cents per mile] maximum mileage rate periodically 
8established by the United States Internal Revenue Service, and a
9per diem allowance [of three dollars] as established by council
10for the person's time [his presence is desired] in [said] the
11city.

12Section 68. Section 1016 of the act, amended May 11, 1959
13(P.L.307, No.54), is amended to read:

14Section 1016. Salaries.--[Councilmen] (a) Council members 
15shall receive for their services during their term of service 
16annual salaries, to be fixed by ordinance, payable in [monthly 
17or semi-monthly instalments] regular installments. Councils may, 
18by the ordinance fixing [said] the salaries, provide for the 
19assessment and retention [therefrom] from the salaries of 
20reasonable fines for absence from regular or special meetings of 
21council or [councilmanic] committees of the council.

22(b) As an alternative to the annual salary method for
23establishing the compensation payable to members of the city
24council, the council may provide that the members of council
25will receive compensation on a per-meeting-attended basis,
26provided that the compensation shall only be payable for duly
27advertised public meetings in which a council member
28participated. If council has provided that members of council
29will receive compensation on a per-meeting basis, council may
30provide for the forfeiture of up to one-twelfth of the annual

1compensation of any council member or impose another appropriate
2penalty for each unexcused absence from regularly scheduled
3legislative council sessions.

4(c) The salary paid to any [councilman] council member shall 
5[not be less than two hundred and fifty dollars per year.] be in 
6accordance with this subsection:

7(1) For the term of city [councilmen] council members in 
8newly created cities, and until [thereafter] changed by 
9ordinance, [the salary of] each [councilman shall be] council 
10member may receive a salary as follows:

11[In cities of fifteen thousand inhabitants or under by the
12last United States census, each councilman shall receive a
13salary of nine hundred dollars per annum; where said population
14is between fifteen thousand and thirty thousand, one thousand
15eight hundred dollars per annum; in cities having a population
16above thirty thousand, three thousand six hundred dollars per
17annum.]

18(i) not more than one thousand eight hundred seventy-five
19dollars per year in cities having a population of less than five
20thousand;

21(ii) not more than two thousand five hundred dollars per
22year in cities having a population of five thousand or more, but
23less than ten thousand;

24(iii) not more than three thousand two hundred fifty dollars
25per year in cities having a population of ten thousand or more,
26but less than fifteen thousand;

27(iv) not more than four thousand one hundred twenty-five
28dollars per year in cities having a population of fifteen
29thousand or more, but less than twenty-five thousand;

30(v) not more than four thousand three hundred seventy-five

1dollars per year in cities having a population of twenty-five
2thousand or more, but less than thirty-five thousand; and

3(vi) not more than five thousand dollars per year in cities
4having a population of thirty-five thousand or more.

5(2) The compensation to be received by [councilmen shall not
6be increased or diminished after their election; but succeeding
7councils may change all compensation, said change to take effect
8as to councilmen taking office at least six months after the
9passage of the ordinance providing for such change.] council 
10members and elected officials in cities other than newly created 
11cities shall be fixed by ordinance of council finally enacted at 
12least two days prior to the last day fixed by law for candidates 
13to withdraw their names from nominating petitions previous to 
14the day of the municipal election.

15Section 69. The act is amended by adding a section to read:

16Section 1016.1. Appointment of City Clerk.--(a) The council
17of each city shall appoint a city clerk who shall be an at-will
18employe with no property interest in the city clerk's position
19and whose compensation shall be fixed by ordinance.

20(b) Council may by ordinance or resolution prescribe duties
21of the city clerk in addition to those established by law. The
22city clerk shall have the power of a notary public to administer
23oaths in any matter pertaining to the business of the city or in
24any legal proceeding in which it is interested.

25(c) The records of council shall be in the actual or
26constructive custody of the city clerk and shall be subject to
27inspection and copying in accordance with the act of February 
2814, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

29Section 70. Section 1017 of the act, repealed in part April
3028, 1978 (P.L.202, No.53), is repealed:

1[Section 1017. Enforcement of Ordinances; Recovery and 
2Payment Over of Fines and Penalties.--All actions, prosecutions, 
3complaints, and proceedings for the violation of the ordinances 
4of the city, and for fines, penalties, and forfeitures imposed 
5thereby, shall be instituted in the corporate name of the city, 
6and be conducted in the manner prescribed by law.

7No warrant shall be issued except upon complaint, upon oath
8or affirmation, specifying the ordinance for the violation of
9which the same is issued. All process shall be directed to and
10be served by any policeman or constable of the city, who shall
11execute the same as may be provided by law.

12Warrants shall be returnable forthwith. Every summons shall
13be returnable in not less than five nor more than eight days
14from the date thereof. Upon such return, like proceedings shall
15be had in all cases as are directed by law for summary
16convictions, or proceedings for the recovery of penalties,
17before justices of the peace, with the same right of appeal from
18any final judgment entered.]

19Section 71. Section 1018 of the act is repealed:

20[Section 1018. Cost of Maintenance of Prisoners in County
21Jails.--When a prisoner shall be committed to any county jail or
22prison in this Commonwealth, either for the nonpayment of a fine
23or penalty imposed for the violation of any city ordinance, or
24while awaiting a hearing upon any charge for the violation of
25any city ordinance, the cost of proceedings and the expenses of
26maintaining such prisoner during his confinement by virtue of
27any such commitment, shall be paid by the city, whose ordinances
28were alleged to have been violated, or to which any such fines
29or penalties are payable. The county in which such city is
30located shall not be liable for any such maintenance, or to any

1officer, magistrate, alderman, or person for any costs of such
2proceedings.]

3Section 72. Article X of the act is amended by adding a
4subdivision to read:

5(a.1) Ordinances

6Section 1018.1. Ordinances and resolutions.

7(a) Ordinances.--With regard to ordinances, the following
8shall apply:

9(1) The council of every city shall enact ordinances, in
10accordance with the provisions of this act, as may be
11necessary to carry out the requirements of this act, and may
12impose fines and penalties for the violation of the
13ordinances, recoverable in the manner provided in this act
14for the recovery of fines and penalties for the violation of
15city ordinances and subject to limitations as to the amount
16of the fines and penalties.

17(2) Every legislative act of the council shall be by
18ordinance, and the legislative acts shall include, but not be
19limited to, tax ordinances, general appropriation ordinances
20and all ordinances that exercise the police power of the
21city; regulate land use, development and subdivision; impose
22building, plumbing, electrical, property maintenance, housing
23and similar standards; and otherwise regulate the conduct of
24persons or entities within the city; and impose penalties for
25the violation of the ordinances.

26(3) A proposed ordinance may be introduced by any
27council member, and council may require that the introduction
28of a proposed ordinance by a council member be by motion.

29(b) Resolutions.--With regard to resolutions, the following
30shall apply:

1(1) The council of every city shall adopt resolutions in
2accordance with the provisions of this act.

3(2) The purposes for which resolutions may be adopted
4shall include, but not be limited to, ceremonial or
5congratulatory expressions of the good will of the council,
6statements of public policy of the council, approval of
7formal agreements of the city, except when the agreements
8arise under a previously approved purchasing system of the
9city, approval of the acquisition, disposition and leasing of
10real property and the approval, when required, of
11administrative rules and regulations arising under State
12statutes or city ordinances.

13(3) When eminent domain proceedings are instituted by
14resolution, notice of the resolution, including a description
15of the subject properties, shall be published once in one
16newspaper of general circulation not more than 60 days nor
17fewer than seven days prior to adoption.

18Section 1018.2. Voting; no veto; vote necessary to enact
19ordinances or adopt resolutions.

20(a) Voting generally.--Members of council present or
21participating via a telecommunication device shall vote on all
22questions coming before the council, except as may be required
23by the provisions of any public official ethics law which may
24from time to time be applicable to members of city council and
25except as may be excused by a simple majority vote of the
26members of council present at any meeting of the council for
27such cause as they may determine to be appropriate and which
28cause shall be entered upon the journal.

29(b) Veto.--The mayor shall have no right of veto.

30(c) Majority vote.--Except as otherwise provided in this

1act, no ordinance may be enacted or resolution adopted by the
2council without an affirmative vote of a majority of the whole
3number of the members of council.

4Section 1018.3. Journal of proceedings; recording and
5withholding of vote.

6The council shall keep a journal of its proceedings, which
7shall be in the possession of the city clerk and which shall at
8all times be open to public inspection. Upon every vote, the
9yeas and nays shall be called and recorded by the city clerk. An
10ordinance shall and a resolution may be reduced to writing
11before the vote is taken on the ordinance or resolution. A
12member of council shall not withhold the member's vote on any
13question coming before the council, unless permitted to do so in
14accordance with section 1018.2(a).

15Section 1018.4. Signing and attesting ordinances.

16Every legislative act of the council shall be by ordinance,
17and every ordinance enacted by council shall be signed by the
18mayor and attested by the city clerk.

19Section 1018.5. Proposed ordinances; titles.

20All proposed ordinances shall be presented to council in
21written form as bills and shall be numbered serially for the
22calendar year. No ordinances, except general appropriation
23ordinances, may be enacted containing more than one subject,
24which shall be reasonably identified in its title. No ordinance
25shall be so altered or amended upon enactment by council as to
26change the original purpose. The title of an ordinance shall not
27be considered in the construction or interpretation of the
28ordinance by a court of competent jurisdiction.

29Section 1018.6. Reading of proposed ordinances; final
30enactment.

1(a) Reading.--The title of every proposed ordinance shall be
2read at least twice, once when introduced and again before final
3enactment by council. Amendments or other changes to the
4proposed ordinance shall be read at length.

5(b) Public availability.--A complete copy of every ordinance
6introduced shall be available for public inspection at the
7clerk's office during regular office hours.

8(c) Time frame.--No ordinance shall be finally enacted by
9council on the same day on which it was introduced, and at least
10three days shall intervene between its introduction and its
11final enactment by council.

12(d) Numbering.--Upon enactment, ordinances shall be numbered
13serially.

14Section 1018.7. Payments not authorized by law.

15No ordinance may be enacted or resolution be adopted
16providing for the payment of any money by the city without
17previous authority of law. Any officer executing a document
18authorizing payment or passing a voucher for a payment not
19authorized by law, or making the payment, commits a misdemeanor
20and shall, upon conviction, be sentenced to pay a fine of not
21more than $5,000 and to imprisonment for not more than one year.

22Section 1018.8. Time of taking effect of ordinances.

23All ordinances, except those pertaining to the subjects set
24forth in section 1050(b), and unless otherwise provided by law,
25shall take effect on the tenth day after enactment, upon being
26signed by the mayor and attested by the city clerk.

27Section 1018.9. Publication of proposed ordinances.

28(a) Publication required.--Every proposed ordinance, except
29as otherwise provided in this act, shall be published in a
30newspaper of general circulation not more than 60 days nor fewer

1than seven days prior to enactment.

2(b) Contents.--Except as otherwise provided in law, the
3publication of a proposed ordinance shall include either the
4full text or the title and a summary of the ordinance setting 
5forth the provisions in reasonable detail and a reference to a
6place within the city where copies of the proposed ordinance may
7be examined. If the full text is not published, the newspaper in
8which the proposed ordinance is published shall, upon request,
9be furnished a copy of the ordinance.

10(c) Readvertisement.--In the event substantial amendments
11are made in the proposed ordinance, before voting upon 
12enactment, council shall within ten days readvertise in one 
13newspaper of general circulation a brief summary setting forth
14all the provisions in reasonable detail together with a summary
15of the amendments.

16Section 1018.10. Filing of proposed ordinances.

17(a) Place of filing.--If the full text is not published, an
18attested copy of the proposed ordinance shall be filed when the
19summary of the ordinance is published in the county law library
20or other county office designated by the county commissioners
21who may impose a fee no greater than that necessary to cover the
22actual costs of storing the proposed ordinances.

23(b) Date of filing.--The date of filing the proposed
24ordinance with the county shall not affect the effective date of
25the ordinance or the validity of the process of enactment of the
26ordinance, nor shall a failure to file within the time provided
27be deemed a defect in the process of the enactment or adoption
28of the ordinance.

29Section 1018.11. Records of ordinances maintained by city
30clerk.

1(a) Records.--All ordinances shall, within one month after
2their enactment, be certified and recorded by the city clerk in
3a book provided by the city for that purpose which shall be at
4all times open to the inspection of citizens. A standard or
5nationally recognized code or any portion of the standard or
6nationally recognized code enacted by reference need not be
7recorded in or attached to the ordinance book, but shall be
8deemed to have been legally recorded if the ordinance by which
9the code was enacted by reference is recorded, with an
10accompanying notation stating where the full text of the code is
11filed.

12(b) Compilation or codification.--At the close of each year,
13with the advice and assistance of the city solicitor, the city
14clerk shall bind, compile or codify all the ordinances of the
15city, or true copies of the ordinances, which then remain in
16force and effect.

17(c) Indexing.--The city clerk shall also properly index the
18record books, compilation or codification of ordinances.

19(d) Retention.--The retention of ordinances shall be in
20accordance with 53 Pa.C.S. Ch. 13 Subch. F (relating to
21records).

22(e) Attachment.--A city ordinance or portions of a city
23ordinance, the text of which prior to the effective date of this
24act is attached to the city ordinance book, shall be considered
25in force as if the ordinance or portions of the ordinance were
26recorded directly upon the pages of the ordinance book.

27Section 1018.12. Proof and evidence.

28All ordinances, resolutions, motions or other proceedings of
29council may be proved by the certificate of the city clerk under
30the corporate seal and, when printed or published in book or

1pamphlet form by authority of the city, shall be read and
2received as evidence in all courts and elsewhere without further
3proof.

4Section 1018.13. Standard or nationally recognized codes.

5(a) Authority to enact.--In the same manner as other
6ordinances, and except as otherwise provided in this act or the
7Pennsylvania Construction Code Act, council may enact, by
8reference to a standard or nationally recognized code, all or
9any portion of the standard or nationally recognized code as an
10ordinance of the city. Three copies of the proposed standard or
11nationally recognized code, portion of the code or amendment to
12the code shall be filed in the office of the city clerk at least
13ten days before the city council considers the proposed
14ordinance and upon enactment shall be kept with the ordinance
15book and available for public use, inspection and examination.

16(b) Time frame.--

17(1) Except as otherwise provided by the Pennsylvania
18Construction Code Act, and regulations adopted pursuant to
19the act, an ordinance adopting by reference any standard or
20nationally recognized code shall be enacted within 60 days
21after its introduction and shall encompass subsequent changes
22in the code unless otherwise specified in the ordinance.

23(2) An ordinance which incorporates standard or
24nationally recognized code amendments by reference shall
25become effective after the same procedure and in the same
26manner as is specified in this section for original adoption
27of the code.

28(c) Technical regulations or code.--An ordinance that
29incorporates by reference standard technical regulations or code
30shall be subject to the provisions of the Pennsylvania

1Construction Code Act, if applicable.

2Section 1018.14. Maps, plans or drawings.

3Except as may be otherwise provided under the Pennsylvania
4Municipalities Planning Code, if maps, plans or drawings of any
5kind are to be adopted as part of an ordinance, the council may,
6instead of publishing the maps, plans or drawings as part of the
7ordinance, make reference in publishing the ordinance or a
8summary of the ordinance to the place where the maps, plans or
9drawings are on file and may be examined. Once enacted as part
10of an ordinance, a map, plan or drawing shall be amended by
11ordinance.

12Section 1018.15. Codification of ordinances.

13(a) Preparation authorized.--City council may prepare a
14consolidation or codification of the general body of city
15ordinances or the ordinances on a particular subject. City
16council may adopt the consolidation or codification as an
17ordinance of the city in the same manner prescribed for the
18adoption of its ordinances, except as follows:

19(1) A consolidation or codification to be enacted as a
20single ordinance shall be introduced in the city council at
21least 30 days before its final enactment; and at least 15
22days before final enactment, notice of introduction of the
23consolidation or codification specifying its general nature
24and content shall be given by advertisement in a newspaper of 
25general circulation.

26(2) The required advertised notice of the proposed
27adoption of the consolidation or codification shall include a
28listing of its table of contents, and the advertisement shall
29indicate a place within the city where a copy of the proposed
30consolidation or codification may be examined.

1(b) Additional procedure.--The procedure for the
2consolidation or codification of city ordinances as a single
3ordinance may also be followed in enacting a complete group or
4body of ordinances repealing or amending existing ordinances as
5may be necessary in the course of preparing a consolidation or
6codification of the city ordinances, except that the
7advertisement giving notice of the proposed adoption shall list,
8in lieu of a table of contents, the titles only of each of the
9ordinances in the complete group or body of ordinances.

10(c) Adoption by reference.--The consolidation or
11codification may contain matter, which, when it becomes
12effective as an ordinance, will operate to adopt by reference
13any building, fire prevention or other standard or model code or
14zoning ordinance and zoning map in accordance with section
151018.13 and, if applicable, section 1018.14.

16Section 1018.16. Enforcement of ordinances; recovery and
17payment of fines and penalties.

18(a) Enforcement.--Actions, prosecutions, complaints and
19proceedings for the violation of the ordinances of the city and
20for fines, penalties and forfeitures imposed shall be instituted
21in the corporate name of the city and be conducted in the manner
22prescribed by law.

23(b) Proceedings.--Unless otherwise provided by law,
24proceedings for the violation of the ordinances of the city
25shall be conducted as summary conviction proceedings, or
26proceedings for the recovery of penalties, before magisterial
27district judges with the same right of appeal from any final
28judgment entered.

29Section 1018.17. Penalty.

30A person who violates any ordinance enacted under the

1authority of this act for which no penalty is otherwise
2specified commits a summary offense and, upon conviction, shall
3be sentenced to pay a fine of not more than $1,000 or to
4imprisonment for not more than 90 days, or both, at the
5discretion of the court.

6Section 73. Article X subdivision (b) heading of the act is
7amended to read:

8(b) [Initiative] Initiating Ordinances

9by Electors

10Section 74. Sections 1030, 1031, 1032, 1033, 1034, 1035,
111036, 1037, 1038, 1039, 1040 and 1041 of the act are amended to
12read:

13Section 1030. Initiation of Proposed Ordinances by Petition; 
14Exceptions.--[Any] (a) Except as provided in subsection (b), a 
15proposed ordinance may be submitted to the council by a petition 
16signed by the electors of any city[, as hereinafter provided, 
17except:

18(a) Proposed ordinances relating to any matter, subject or
19thing, which is not the subject of a referendum vote as provided
20in subdivision (c) of this article; or

21(b) Proposed ordinances to repeal, amend, or modify any
22ordinance which has been subject to the provisions of the
23referendum as provided in subdivision (c) of this article.] in 
24accordance with this subdivision.

25(b) The following proposed ordinances may not be submitted
26to council by petition in accordance with this subdivision:

27(1) Proposed ordinances dealing with the subjects set forth
28in section 1050(b).

29(2) Proposed ordinances to repeal, amend or modify an
30ordinance which took effect after having been subject to the

1provisions of the referendum for reconsideration of the
2ordinance.

3Section 1031. Petition; Notice.--[The city clerk, upon the 
4written request of one hundred qualified electors of the city, 
5directed to him, asking for the preparation of a petition for 
6the submission of any proposed ordinance to the council of such 
7city, and accompanied by a copy of the proposed ordinance, shall 
8prepare such petition within ten days, and in the meantime 
9notice shall be published, at least one time, in one newspaper, 
10in the manner provided by section one hundred and nine of this 
11act, that such petition will be ready for signing at the 
12expiration of ten days from the presentation of said request. 
13This notice shall state the purpose for which the petition is 
14made, the place where and when it may be signed. Fifteen days 
15shall be allowed for signatures.] If the city clerk receives a 
16written request for the preparation of a petition for the 
17submission of a proposed ordinance to the city council by at 
18least one hundred qualified electors of the city and the request 
19is accompanied by a copy of the proposed ordinance, the city 
20clerk shall, within ten days after receiving the request, do 
21each of the following:

22(1) Prepare the requested petition.

23(2) Publish notice at least one time in a newspaper of 
24general circulation that provides, at a minimum, the following
25information:

26(i) The date on which the request for the petition was
27received and that the petition will be ready for signing at the
28expiration of ten days from that date.

29(ii) The purpose for which the petition is made.

30(iii) The place at which and the dates and times during

1which the petition may be signed, with fifteen days, exclusive
2of Saturdays, Sundays and holidays, being allowed for
3signatures.

4Section 1032. Signing; Oath.--[The signing] A petition for 
5the submission of a proposed ordinance shall be [done] signed in 
6the city clerk's office only. The petition shall be retained 
7[there] in the city clerk's office at all times [during the] for 
8a period of fifteen days. Each signer shall add to [his] the 
9signer's signature [his] the signer's place of residence by 
10street and number[,] and shall make oath before the city clerk 
11that [he] the signer is a qualified elector of the city and 
12resides at the address given. The city clerk shall keep [his] 
13the city clerk's office open for the purpose of permitting 
14voters to sign [such] the petition [from eight o'clock ante 
15meridian to ten o'clock post meridian of each day except Sundays 
16and holidays] at least from nine o'clock ante meridian through 
17seven o'clock post meridian, prevailing time, Monday through 
18Friday, except holidays. [He] The city clerk shall not permit 
19any person to sign [such] petitions after [ten o'clock post 
20meridian] seven o'clock post meridian, prevailing time, on the 
21last day for signing the same.

22Section 1033. Number of Signatures; Examination and 
23Certificate by City Clerk.--[At the expiration of the fifteen 
24days aforesaid, and within ten days thereafter,] Within ten days 
25after the period of time for signing the petition has elapsed, 
26the city clerk shall examine [such] the petition[,] and, from 
27the record of registered voters of the city, ascertain whether 
28or not [said] the petition is signed by voters equal to twenty 
29per centum of all votes cast for all candidates for mayor at the 
30last preceding municipal election at which a mayor was elected. 

1If necessary, the council [shall] may allow the city clerk extra 
2help for [that] the purpose of complying with this section. The 
3city clerk shall attach to [said] the petition [his] the clerk's 
4certificate showing the result of [said] the examination. If 
5less than the required twenty per centum is certified, the 
6petition shall fail and shall be filed in the office of the city 
7clerk.

8Section 1034. Submission to Council.--If the petition [shall
9be] is certified to contain signatures equalling the required
10twenty per centum of said votes cast as aforesaid, the clerk
11shall submit the same to the council without delay.

12Section 1035. Actions by Council; Notices.--If the petition 
13accompanying the proposed ordinance [be] is signed by electors 
14equal in number to twenty per centum of the votes cast for all 
15candidates for mayor at the last preceding municipal election at 
16which a mayor was elected, the council shall either:

17(a) [Pass said] enact the proposed ordinance without
18alteration[,] within twenty days (except as otherwise provided
19herein)[,] after attachment of the clerk's certificate to the
20accompanying petition; or

21(b) [Forthwith, after the clerk shall attach to the petition
22accompanying such ordinance his certificate of sufficiency, the
23council shall call a special election] call for a referendum to
24be held at the time of the next general, municipal or primary
25election occurring at least ninety days thereafter[;], and at
26[such] which election[, such] the proposed ordinance shall be
27submitted without alteration to the vote of the electors of the
28[said] city, after attachment of the clerk's certificate to the 
29accompanying petition. Notice of [such] the election [shall be
30given as provided by the Pennsylvania Election Code.] and the 

1text of the question to be submitted to the electors shall be 
2published in the same manner as publication is required in 
3section 1201 of the Pennsylvania Election Code.

4Section 1036. Form of Ballot [or Ballot Label] on Submission 
5to Vote.--[The ballots or ballot labels used when voting upon 
6said ordinance shall be supplied by the county board of 
7elections, and shall contain a question, stating the nature of 
8the proposed ordinance, followed by the words "yes" and "no" and 
9shall be as provided in the Pennsylvania Election Code. The 
10votes shall be counted and returns thereof made and computed as 
11provided in section ten hundred and sixty-two of this act.] The 
12question to be submitted to the electors on the proposed 
13ordinance shall be framed to state the nature of the proposed 
14ordinance, followed by the words "yes" and "no," and the 
15question shall be placed on the ballots which shall be counted, 
16returned and computed in accordance with section 1062 and the 
17election laws of the Commonwealth.

18Section 1037. Effect of Majority Vote.--If the majority of 
19the qualified electors voting on the proposed ordinance shall 
20vote in favor [thereof, such] of the ordinance, the ordinance 
21shall [thereupon] become a valid and binding ordinance of [said] 
22the city.

23Section 1038. No Repeal Within Two Years.--[Any] An 
24ordinance so proposed by petition, whether [passed] enacted by 
25council or adopted by a vote of the electors, [cannot] shall not 
26be repealed or amended within two years of its effective date 
27except by a vote of the electors.

28Section 1039. Number of Proposed Ordinances to be Submitted;
29[Special] Elections Limited.--Any number of proposed ordinances
30may be voted upon at the same election, in accordance with the

1provisions of this subdivision[: Provided, That]. Proposed 
2ordinances on the same subject matter shall not be submitted by
3petition [oftener] more frequently than once [in] every three
4years.

5Section 1040. Submission for Repeal by Council.--The council
6may submit a proposition for the repeal or amendment of [any
7such] an ordinance to be voted upon at any succeeding municipal,
8general or primary election[,] occurring at least ninety days
9[thereafter] after council's submission of the proposition.
10Should [such] the submitted proposition[, so submitted,] receive
11a majority of the votes cast [thereon] on the proposition at
12[such] the election, [such] the ordinance shall [thereby] be
13repealed or amended accordingly.

14Section 1041. Publication of Proposed Ordinance; Repeal or
15Amendment.--Whenever any proposed ordinance is to be submitted
16to the voters of the city at any election, or any ordinance is
17submitted by council for repeal or amendment, notice [thereof]
18of the election and text of the question to be submitted to the 
19electors shall be published [as required by] in the same manner 
20as publication is required in section 1201 of the Pennsylvania
21Election Code.

22Section 75. Article X subdivision (c) heading of the act is
23amended to read:

24(c) [Referendum] Reconsidering Ordinances by Electors

25Section 76. Sections 1050, 1051, 1052, 1053, 1054, 1055 and
261056 of the act are amended to read:

27Section 1050. [Referendum; Exceptions.--No] Time Ordinances 
28Go Into Effect.--(a) Except as provided in subsection (b), no
29ordinance [passed] enacted by council shall go into effect
30before ten (10) days from the time of its final [passage,

1except] enactment by council.

2 (b) Ordinances dealing with the following subjects may be
3made effective upon final enactment:

4[(a)] (1) Ordinances expressly required to be [passed]
5enacted by the general laws of the State or by the provisions of
6any act of Assembly, or the provisions of which and the matters
7to be carried out [thereunder] under the ordinance are subject
8to the approval of an officer or tribunal of the [State
9Government;] Commonwealth.

10[(b)] (2) Ordinances providing for tax levies or fees,
11annual and other appropriations[,] and for the exercise of the
12right of eminent domain[;].

13[(c)] (3) Ordinances for the preservation of the public
14peace, health, morals, safety[,] and in the exercise of the
15police powers of the city government, and for the prevention and
16abatement of nuisances[;].

17[(d)] (4) Any ordinance providing for an election to
18increase indebtedness, and any other ordinance which by law must
19be submitted to an election before it shall take effect[;].

20[(e)] (5) Ordinances for the opening, paving, grading[,] or
21other improvement of streets or highways, when the improvement
22is petitioned for by a majority in number or interest of the
23abutting property owners[;].

24[(f)] (6) Ordinances for the construction of sewers[,] and
25for the purpose of keeping the streets, highways[,] and
26sidewalks in good order and repair and in a safe and passable
27condition[;].

28Section 1051. Petition; Reconsideration of Ordinance.--[If,
29during such period of ten days from the time of its final
30passage, a petition signed by electors of the city equal in

1number to at least twenty per centum of the entire vote cast for
2all candidates for mayor at the last preceding municipal
3election at which a mayor was elected, protesting against the
4passage of any ordinance other than those excepted from the
5provisions of this subdivision by the foregoing section, is
6presented to the council, said ordinance shall be suspended from
7going into operation, and council shall reconsider such
8ordinance.] With the exception of ordinances dealing with the 
9subjects set forth in section 1050(b), an ordinance shall be 
10suspended from going into operation and shall be reconsidered by 
11council if, within ten days after its final enactment, there is 
12presented to council, in accordance with this subdivision, a 
13petition protesting against enactment of the ordinance which 
14shall be signed by electors of the city equal in number to at 
15least twenty per centum of the entire vote cast for all 
16candidates for mayor at the last preceding municipal election at 
17which a mayor was elected.

18Section 1052. Preparation of Petition by City Clerk;
19Notice.--[Such] A petition under section 1051 shall be prepared
20by the city clerk immediately upon receipt by [him] the clerk of
21the written request of one hundred qualified electors of the
22city asking that the [same] petition be prepared. Upon its
23preparation, [he] the clerk shall give notice by [one insertion
24in one of the daily newspapers, if one be published in the city,
25and, if not, then in a weekly or daily newspaper published in
26the county, that such] publication in a newspaper of general 
27circulation that the petition is ready for signing and the
28purpose of the petition, giving the place where and time when it
29may be signed. The [said] signing shall be done only in the city
30clerk's office, where the petition shall be retained during the

1period of ten days after the [passage] enactment of the [said]
2ordinance.

3Section 1053. Additional Petitions.--In order to facilitate
4the signing of [such] the petition, the city clerk shall cause
5to be made at least two additional similar petitions for signing
6by the qualified electors, and the signing of [such] the 
7additional similar petitions shall have the same force and
8effect as the signing of the original petition. The city clerk
9is hereby authorized to employ at least two persons to take
10charge of [said] the additional petitions[; the]. The city clerk
11and [said] the persons hired are hereby empowered to administer
12the oath [hereinafter] required to be taken by the electors.
13This section also shall apply [as well] to petitions initiating
14ordinances under subdivision (b).

15Section 1054. Signatures; Oath; Time of Signing.--Each
16signer of a petition under section 1051 shall add to [his] the 
17signer's signature [his] the signer's place of residence by
18street and number[,] and shall make an oath before the city
19clerk, or other person authorized [as aforesaid] under section 
201053, that [he] the signer is a qualified elector of the city
21and resides at the address given. The city clerk shall keep
22[his] the city clerk's office open for the purpose of receiving
23signatures to the petitions [from eight o'clock ante meridian to
24ten o'clock post meridian of each day except Sundays and
25holidays. He] at least from nine o'clock ante meridian through 
26seven o'clock post meridian, prevailing time, Monday through 
27Friday. The city clerk shall not permit [any] a person to sign
28[any of the said petitions] a petition after [ten] seven o'clock
29post meridian, prevailing time, of the tenth day following the
30[passage] enactment of the ordinance on which the referendum

1vote is [prayed for] requested.

2Section 1055. Presentation of Petition to Council.--At the
3expiration of [said] ten days, the [said] petition shall be
4[deemed and taken to be] filed with and presented to the
5council, and [it shall be the duty of] the city clerk [to lay
6the same before] shall present the petition to the council at
7its first meeting [thereafter] after expiration of the ten-day 
8period.

9Section 1056. Ascertainment of Number of Signers; Report.--
10After [its] presentation of the petition to council, the city
11clerk shall ascertain from the record of registered voters of
12the city whether or not [said] the referendum petition is signed
13by voters equal to twenty per centum of all the votes cast for
14mayor at the last preceding municipal election at which a mayor
15was elected. If necessary, the council [shall allow him] may 
16allow the clerk extra help for that purpose, and, after [he] the 
17clerk has made [said] the examination, [he] the clerk shall
18report the result [thereof] to council.

19Section 77. Sections 1057 and 1058 of the act are repealed:

20[Section 1057. Ordinances Granting Franchises.--No franchise
21or consent to occupy the public streets, highways, or other
22places in any city of the third class shall be given or granted
23to any person or persons, railroad, railway, gas, water, light,
24telephone or telegraph company, or to any public utility
25corporation, except by ordinance, and no ordinance for such
26purpose shall go into effect before thirty days after it has
27been filed with the Public Utility Commission.

28Section 1058. Petition against Ordinances; Suspension.--If,
29within said thirty days, a petition prepared, advertised, and
30perfected in all respects complying with the provisions of this

1subdivision (except that the petitioners shall have thirty days
2in which to prepare said petition), is addressed to the council,
3signed by registered electors of the city equal in number to at
4least twenty per centum of all the votes cast for mayor at the
5last preceding municipal election at which a mayor was elected,
6protesting against the passage of said ordinance, the latter
7shall be suspended, and it shall be the duty of the city clerk
8to examine said petition and ascertain, from the registry of
9voters, whether or not said petition is signed by the required
10number of electors. If necessary, the council shall allow the
11city clerk extra help for said purpose. Upon such examination he
12shall report the result to council.]

13Section 78. Sections 1059, 1060, 1061, 1062, 1063 and 1064
14of the act are amended to read:

15Section 1059. Effect of Petition; Submission to Voters.--
16If[,] in any case[,] it shall appear that the [petitions]
17petition provided for in this subdivision [have] has not been
18signed by the requisite number of voters, no action shall be
19taken, but the [ordinances] ordinance shall be [deemed and]
20taken to be in full force from the time or times [they each] it
21would have gone into effect had there been no petition against
22the [same. But in case such petitions are] ordinance. If the 
23petition is signed by electors equal to twenty per centum of all
24the votes cast for mayor as aforesaid, the council shall
25reconsider [such] the ordinance, and if the [same] ordinance is
26not entirely repealed by council on reconsideration, the council
27shall call a [special election,] referendum to be held at the
28time of the next general [or], municipal or primary election
29occurring not less than sixty days [therefrom] after the 
30reconsideration. At [such] the election, the [said] ordinance

1shall be submitted without alteration in accordance with the
2Pennsylvania Election Code.

3Section 1060. Certification [of] to County Board of
4Elections; Ballots or Ballot Labels; Expense of Elections.--The
5city clerk, after consultation with the city solicitor, shall
6certify to the county board of elections a copy of the ordinance
7and the proceedings of council directing the referendum vote,
8and the county board of elections shall cause the question to be
9printed for use in the election districts of the city. The
10preparation of ballots or ballot labels for and the holding of
11[special elections] a referendum shall be as provided in the
12Pennsylvania Election Code. Any number of ordinances may be
13referred and voted on at the same election.

14Section 1061. Form of Ballot or Ballot Label.--The ballot
15used when voting upon [such] the ordinance shall contain a
16question stating the nature of the referred ordinance followed
17by the words "yes" and "no" and shall be as provided in the
18Pennsylvania Election Code.

19Section 1062. Computing and Filing Returns.--The officers
20holding [said elections] an election shall keep tally sheets and
21make returns of votes on the referendum question in the same
22manner as tally sheets are kept and returns made in elections of
23officers and the submission of other questions as provided by
24the Pennsylvania Election Code. The returns shall be filed with
25the county board of elections which shall compute the returns
26and certify the results [thereof] to the city council. The
27returns and certifications of [all special elections] a 
28referendum question shall be made as provided in the
29Pennsylvania Election Code.

30Section 1063. Effect of the Vote.--If it shall appear that

1more persons have voted for [said] the ordinance than against
2it, the ordinance shall take immediate and full effect [without
3more] from the date the results are certified to the city
4council. If the vote is against [said] the ordinance, [it] the 
5ordinance shall be [lost] nullified and of no effect.

6Section 1064. Publication of Ordinance Before Election.--
7Before any referendum [election] is held on any ordinance[, a
8copy] in accordance with this subdivision, the city shall 
9provide notice of the ordinance which is to be submitted to the
10vote of the people [shall be published as required] by 
11publishing a copy of the ordinance in a newspaper of general 
12circulation. Publication in accordance with this section shall 
13be in addition to publication requirements of the Pennsylvania
14Election Code.

15Section 79. Article XI heading of the act is reenacted to
16read:

17ARTICLE XI

18THE EXECUTIVE DEPARTMENT

19Section 80. Sections 1101, 1102, 1103 and 1104 of the act
20are amended to read:

21Section 1101. Executive Departments.--[The executive and
22administrative powers, authority, and duties in each city shall
23be distributed into and among five departments, as follows:

241. Department of Public Affairs.

252. Department of Accounts and Finance.

263. Department of Public Safety.

274. Department of Streets and Public Improvements.

285. Department of Parks and Public Property.] The city may 
29have a department of administration and other departments as 
30council shall establish by ordinance. All of the administrative 

1functions, powers and duties of the city shall be allocated and 
2assigned within the departments established by council by 
3ordinance or, in the absence of an ordinance making this 
4allocation, among five departments, as follows:

5(1) Department of Public Affairs.

6(2) Department of Accounts and Finance.

7(3) Department of Public Safety.

8(4) Department of Streets and Public Improvements.

9(5) Department of Parks and Public Property.

10Section 1102. Determination of Powers and Duties of
11Departments.--[The council shall determine] Subject to the 
12restrictions and limitations of this act and other laws, the 
13council may, by ordinance, do all of the following:

14(1) Determine the powers and duties to be performed by[, and
15assign them to, the appropriate] each department[; shall
16prescribe].

17(2) Prescribe the powers and duties of officers and
18employes[; may assign].

19(3) Assign particular officers and employes, including 
20directors of departments, to one or more of the departments[;
21may require].

22(4) Require an officer or employe to perform duties in two
23or more departments[; and may make].

24(5) Make such other rules and regulations as may be deemed
25necessary or proper for the efficient and economical conduct of
26the business of the city.

27Section 1103. Designation of [Departments] Department
28Directors; Changes.--(a) The mayor shall be director of the
29department of public affairs and as such shall have supervision
30over the city police. In the event that council does not create 

1a department of public affairs, the mayor shall retain the 
2powers of supervision over city police.

3[The] (b) Unless otherwise provided by ordinance in 
4accordance with sections 1101 and 1102, the council shall, at
5[the biennial] its organization meeting, designate[, by majority
6vote, one councilman] by resolution one council member to be
7director of the department of accounts and finance, one to be
8director of the department of public safety, one to be director
9of the department of streets and public improvements, and one to
10be director of the department of parks and public property.
11[Such] The designation may be changed at council's discretion.

12Section 1104. Department Directors Responsible for City
13Property and Supplies; Perpetual Inventory Reports.--The
14director of each department shall be responsible for the
15personal property and supplies of the city within [his] the 
16director's department[, and]. Each department director shall
17prepare and maintain a perpetual inventory of [such] the 
18personal property and supplies[. He shall] for which the 
19director is responsible and, from time to time during the fiscal 
20year, file the inventory with the city clerk [a copy of such
21inventory from time to time during the fiscal year, and shall
22make available to the director of accounts and finance a copy of
23such inventory to assist him in the preparation of the proposed
24budget ordinance. He shall furnish a copy of such inventory to
25the council upon request.] or other official designated by 
26council. The city clerk or other designated official with whom 
27the inventory is filed shall, upon request, furnish a copy of 
28the inventory to the chief fiscal officer and to council.

29Section 81. The act is amended by adding a section to read:

30Section 1105. Quarterly Reports from Directors of

1Departments.--At the close of each quarter of the fiscal year,
2each department director shall prepare and submit to the
3director of the department of accounts and finance, if one
4exists, or to the business administrator or other official
5designated by council, a comprehensive and detailed report of
6all expenditures and operations of the director's department
7during the quarter. The person to whom the quarterly reports are
8submitted shall review and consolidate the quarterly reports and
9shall prepare and submit to council a consolidated report on the
10expenditures and operations of the entire city government,
11together with recommendations, not later than the second meeting
12of council after the close of each quarter.

13Section 82. Article XII heading of the act is reenacted to
14read:

15ARTICLE XII

16THE MAYOR

17Section 83. Section 1201 of the act, amended July 27, 1973
18(P.L.230, No.60), is amended to read:

19Section 1201. Qualifications.--The mayor shall be at least 
20[twenty-one] eighteen years of age[,] and shall be elected at 
21large by the qualified electors of the city. [He] The person 
22shall have been a resident of the city wherein [he shall be] 
23elected for at least one year[, next before his election,] 
24before the person's election and shall reside in the city 
25throughout [his] the person's term of service. Prior to being 
26sworn in to office, and as a condition to qualifying for office, 
27the elected mayor shall present a signed affidavit to the city 
28clerk that states the person resides in the city from which 
29elected and has resided in the city continuously for at least 
30one year preceding the person's election.

1Section 84. Section 1202 of the act is amended to read:

2Section 1202. Chief Executive; Inauguration.--The mayor 
3shall be the chief executive of the city. [He shall be 
4inaugurated and take the oath of office provided for by this act 
5at ten o'clock in the forenoon of the first Monday of January 
6next succeeding his election, or as soon thereafter as possible] 
7The mayor shall be inaugurated and take the oath of office in 
8accordance with sections 904 and 905 on the first Monday of 
9January following the regular municipal election. If the first 
10Monday is a legal holiday, the mayor shall be inaugurated and 
11take the oath the first day following or as soon after that day 
12as possible.

13Section 85. Section 1203 of the act, amended July 11, 1996
14(P.L.647, No.109), is amended to read:

15Section 1203. Execution of Laws; Powers of Sheriff
16Conferred; Emergency Powers.--[(a) It shall be the duty of the
17mayor and the chief executive of cities adopting the city
18manager form of government to be vigilant and active in causing
19the ordinances of the city, and the laws of the Commonwealth
20relating to the government of the city, to be executed and
21enforced.

22(b)] (a) In accordance with the powers granted in this act, 
23the mayor shall have the authority to cause the ordinances of 
24the city, and all general laws applicable to the ordinances, to 
25be executed and enforced.

26(b) The mayor shall annually report to the council and the
27public on the work of the previous year and on the condition and
28requirements of the city government and shall, from time to
29time, make such recommendations for action by the council as the
30mayor may deem in the public interest.

1(c) In order to enable [him] the mayor effectually to
2preserve the public peace within the city, all the powers which
3are devolved by the laws of this Commonwealth upon sheriffs, to
4prevent and suppress mobs, riots, and unlawful and tumultuous
5assemblies, are hereby conferred upon [him] the mayor.

6(d) When the mayor [or chief executive] considers that a
7state of emergency exists, [he] the mayor may issue [his] a 
8proclamation, which shall be in writing and copies of which
9shall be made available to all news media[,] and to each member
10of city council, declaring a state of emergency [for a period
11not to].

12(e) Upon the issuance of a proclamation declaring a state of
13emergency under subsection (d), the following shall apply:

14(1) The state of emergency shall not exceed five days,
15unless extended by action of council.

16(2) In the case of a declaration of a state of emergency by
17the mayor [or chief executive] for either a citywide or site-
18specific emergency, city agencies may temporarily implement
19their emergency assignments without regard to procedures
20required by other laws pertaining to the incurring of
21obligations and the employment of temporary workers. [In his]

22(3) The proclamation [he] may prohibit, for all or any part
23of the city in which there is a clear and present danger to life
24or property through civil disorder[;]:

25[(1) Any] (i) a person being on the public streets[,] or in
26the public parks or at any other public place during the hours
27declared by [him] the mayor to be a period of curfew;

28[(2) The] (ii) the assembling or gathering of a group of
29people, in such numbers to be designated by [him] the mayor,
30upon the public streets, parks or other public places;

1[(3) The] (iii) the entry or departure of persons into or
2from any restricted area;

3[(4) The] (iv) the sale, purchase, or dispensing of any
4commodities or goods[, as] designated by [him] the mayor;

5[(5) The] (v) the transportation, possession or use of
6gasoline, kerosene, or other combustible, flammable or explosive
7liquids or materials, except in connection with the normal
8operation of motor vehicles, normal home use[,] or legitimate
9commercial use; or

10[(6) Any] (vi) any other [such] activities as [he] the 
11mayor reasonably believes [should be prohibited to help
12preserve] would cause a clear and present danger to the 
13preservation of life, health, property or the public peace.

14[(c)] (f) The proclamation of an emergency shall describe
15any restricted area with particularity and shall specify the
16hours during which such restrictions are to be in effect.

17[(d)] (g) Any person violating [such] a proclamation of
18emergency [shall be guilty of] commits a summary offense and
19shall, upon conviction, be sentenced [to pay a fine not to
20exceed three hundred dollars ($300) or to undergo imprisonment
21not to exceed thirty days, or both] as provided by law.

22Section 86. Sections 1204 and 1205 of the act are amended to
23read:

24Section 1204. Official Seal of Mayor.--Council shall provide 
25an official seal for the mayor [and prescribe the form thereof] 
26in such form as the mayor may reasonably request, which shall 
27not be changed during the mayor's term of office.

28Section 1205. Supervision of Conduct of City Officers.--The 
29mayor shall supervise the conduct of all city officers, examine 
30the grounds of all reasonable complaints against any of them, 

1and cause all of their violations or neglect of duty to be 
2promptly punished or reported [to the council] for correction in 
3the manner council may direct. For the purposes [aforesaid, he] 
4of this section, the mayor is hereby empowered to issue 
5subpoenas and compulsory processes, under [his] the mayor's 
6official seal, for the attendance of [such] persons and the 
7production of [such] books and papers as [he] the mayor may deem 
8necessary[, and shall have like enforcement of such subpoenas as 
9is]. A subpoena shall be enforced in the manner provided for 
10council in section [one thousand fifteen of this act] 1015.

11Section 87. Section 1206 of the act, amended September 29,
121955 (P.L.653, No.177), is amended to read:

13Section 1206. [Quarterly Reports from Directors of 
14Department;] Report of Mayor to Council; Information from 
15Directors of Departments.--[The director of each department of 
16the city shall prepare and submit to the Director of the 
17Department of Accounts and Finance, at the close of each quarter 
18of the fiscal year, a comprehensive and detailed report of all 
19expenditures and operation of his department during the quarter. 
20The Director of the Department of Accounts and Finance shall 
21review and consolidate such quarterly reports and shall prepare 
22and submit to council a consolidated report on the expenditures 
23and operations of the entire city government, together with his 
24recommendations, not later than the second meeting of council 
25after the close of each quarter.] The mayor shall have the 
26authority, at all times, to call upon any official of the city 
27or heads of departments for any information as to the affairs 
28under their control and management as [he] the mayor may 
29require. [He] The mayor may likewise report upon any and all 
30matters of city government as frequently to council as [he] the 

1mayor deems conducive to the interest and welfare of the city.

2Section 88. Section 1207 of the act, amended August 21, 1953
3(P.L.1292, No.364) and repealed in part April 28, 1978 (P.L.202,
4No.53), is amended to read:

5Section 1207. [Criminal and Civil Jurisdiction; Docket; 
6Fees.--He] Power to Take Acknowledgments and Oaths and to 
7Formalize Marriages.--The mayor shall be empowered to take 
8acknowledgments of any instruments in writing[,] pertaining to 
9the business of the city, solemnize marriages[,] and to 
10administer oaths and affirmations[,] as to city business[,] and 
11shall attest all [his acts with his official seal] the mayor's 
12acts with the mayor's official seal, if any.

13Section 89. Section 1208 of the act, amended May 11, 1959
14(P.L.307, No.54), is amended to read:

15Section 1208. Salary.--(a) (1) The mayor of each city 
16shall receive for [his] the mayor's services during the term of 
17service an annual salary to be fixed by ordinance, payable in 
18[such] equal [installments] installments as council shall 
19provide.

20(2) The council shall, by ordinance, fix the amount of 
21salary to be paid to the mayor for [his] the mayor's services[,] 
22and may provide for the assessment and retention [therefrom] 
23from the salary of reasonable fines for absence from regular or 
24special meetings of council or [councilmanic] committees of 
25council.

26(3) The amount of the mayor's salary [in cities] shall not 
27be less than two thousand five hundred dollars.

28(b) Until changed by ordinance, the salary of mayors in 
29newly created cities [shall] may be as follows: [In cities 
30having a population of fifteen thousand or under, by the last 

1United States census, one thousand two hundred dollars per 
2annum; in cities having a population of over fifteen thousand, 
3and less than thirty thousand inhabitants, two thousand four 
4hundred dollars per annum; in cities having a population 
5exceeding thirty thousand, four thousand eight hundred dollars 
6per annum.

7The amount of compensation for the mayor in any of the said
8cities shall not be increased or diminished after his election.
9Succeeding councils may change the amount of the mayor's
10compensation, but such change shall not affect the compensation
11of the mayor then in office or of any person taking office as
12mayor within six months of final passage of the ordinance
13providing for such change.]

14(1) in cities with a population of less than five thousand,
15a maximum of two thousand five hundred dollars a year;

16(2) in cities with a population of five thousand or more but
17less than ten thousand, a maximum of five thousand dollars a
18year;

19(3) in cities with a population of ten thousand or more but
20less than fifteen thousand, a maximum of seven thousand five
21hundred dollars a year; and

22(4) in any city with a population in excess of fifteen
23thousand, the salary of the mayor shall not exceed five hundred
24dollars a year per thousand population or fraction of a
25thousand, the population to be determined by the latest official
26census figures.

27(c) The compensation to be received by a mayor in cities
28other than newly created cities shall be fixed by ordinance of
29council enacted at least two days prior to the last day fixed by
30law for candidates to withdraw their names from nominating

1petitions previous to the day of the municipal election. The
2compensation to be received by the mayor shall not be increased
3or diminished after the mayor's election unless the increase or
4decrease was included in an ordinance enacted at least two days
5prior to the last day fixed by law for candidates to withdraw
6their names from nominating petitions previous to the day of the
7municipal election.

8(d) (1) Subject to clause (2) and notwithstanding any other
9provisions of law, a mayor may receive an honorarium, fee or
10reimbursement of expenses related to the performance of a
11marriage ceremony in this Commonwealth, if the mayor first
12notifies council in writing of the mayor's intention to perform
13marriage ceremonies. A notification pursuant to this clause
14shall remain in effect for the term of the mayor or until such
15time as the notification is rescinded by the mayor.

16(2) The honorarium or fee shall not exceed one hundred fifty
17dollars for each ceremony performed. The mayor shall keep
18accurate accounts of the fees received relating to the
19performance of marriage ceremonies and provide council each
20quarter with a report of moneys received for that period. The
21quarterly report shall include the amount of money received, the
22names of persons from whom money was received along with the
23date and the location of the performed ceremony and shall be
24considered a public record.

25(3) The receipt of a fee under this subsection shall not be
26considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics
27standards and financial disclosure) and shall not be considered
28compensation under this act.

29Section 90. Section 1209 of the act is amended to read:

30Section 1209. Acting Mayor; Powers and Duties.--[The member 

1of city council who shall be designated as the director of the 
2department of accounts and finance shall be vice president of 
3the city council, and acting mayor of the city during the 
4absence or inability of the mayor to act; and, during such 
5absence or inability, he] During the absence of the mayor or the 
6inability of the mayor to act, the vice president of city 
7council shall be the acting mayor who shall exercise all the 
8rights and powers of the mayor. In the event of a vacancy in the 
9office of the mayor by reason of death, resignation, or 
10otherwise, the vice president of council shall, in like manner, 
11act as the mayor and shall, while acting as mayor, receive the 
12compensation of mayor but not [of director of accounts and 
13finance or councilman during such incumbency] any compensation 
14as a council member, until the successor of the mayor is duly 
15[elected] appointed and qualified [as hereinbefore provided] in 
16accordance with section 901. In case of the absence or inability 
17of the [director of accounts and finance to act] vice president 
18of council to act as mayor, the council shall designate another 
19one of its members to act as mayor.

20Section 91. Article XII-A heading of the act, added July 7,
212011 (P.L.307, No.75), is reenacted to read:

22ARTICLE XII-A

23CITY ADMINISTRATOR OR MANAGER

24Section 92. Sections 1201-A and 1202-A of the act, added
25July 7, 2011 (P.L.307, No.75), are reenacted to read:

26Section 1201-A. Office of city administrator or manager.

27City council may, at its discretion at any time, by
28ordinance, enacted by a majority vote of all members elected to
29council, create the office of city administrator or manager and
30may in like manner abolish the same. The appointed office of

1city administrator when referenced in this article may also be
2referred to as city manager, and a reference to a city
3administrator shall be deemed a reference to a city manager.

4Section 1202-A. Appointment; selection; removal.

5In a city in which the office of city administrator has been
6created, council shall appoint a person to fill that office
7initially, and thereafter, whenever a vacancy exists in the
8office. The appointment of a person to fill the office of city
9administrator shall be by an affirmative vote of a majority of
10all the members of council. Council shall select a city
11administrator on the basis of executive and administrative
12qualifications, education and experience and may give special
13consideration to applicants with training and experience in
14municipal government operation. The city administrator shall
15serve at the pleasure of council, subject to contractual rights
16that may arise under an employment agreement that may be entered
17in accordance with section 1203-A.

18Section 93. Section 1203-A of the act, added July 7, 2011
19(P.L.307, No.75), is amended to read:

20Section 1203-A. Employment agreement.

21Council may enter into an employment agreement with the city
22administrator. The employment agreement may set forth the terms
23and conditions of employment, and the agreement may provide that
24it shall remain in effect for a specified period terminating no
25later than two years after the effective date of the agreement
26or the date of the [organization] organizational meeting of
27council following the next municipal election, whichever shall
28first occur. An employment agreement entered into pursuant to
29this section may specify conditions under which a city
30administrator would be entitled to severance compensation, but

1in no event shall an employment agreement guarantee employment
2through the term of the agreement or confer upon the city
3administrator any legal remedy based on specific performance.
4Any employment agreement with a city administrator executed on 
5or after a municipal election but before the first meeting in 
6January the year after the municipal election shall be void.

7Section 94. Sections 1204-A and 1205-A of the act, added
8July 7, 2011 (P.L.307, No.75), are reenacted to read:

9Section 1204-A. Residency and elective city office.

10At the time a person is appointed to fill the office of city
11administrator, the appointee need not be a resident of the city.
12After appointment, the city administrator may reside outside the
13city only with the approval of council. The city administrator
14shall not hold any elective city office.

15Section 1205-A. Powers and duties.

16(a) Powers and duties generally.--Council may, by ordinance,
17vest in the city administrator powers and duties relating to the
18general management of city business and to the enforcement of
19city ordinances and regulations. The powers and duties conferred
20upon a city administrator in accordance with this section shall
21not be construed as diminishing powers granted to other city
22officers by statute or ordinance.

23(b) Specific powers.--The powers and duties that may be
24conferred upon a city administrator by council may include, but
25shall not be limited to, any or all of the following:

26(1) To be the chief administrative officer of the city
27responsible to the city council as a whole for the proper and
28efficient administration of the affairs of the city.

29(2) To direct and supervise the administration of all
30departments and functions of the city, except as otherwise

1provided by ordinance or law.

2(3) Except as otherwise provided by this act, to appoint
3city employees on the basis of merit system principles and
4suspend, remove or otherwise discipline employees, subject to
5the following:

6(i) The city administrator may make recommendations
7to council concerning appointments or removals at the
8department head level.

9(ii) Prior to any action being taken with regard to
10appointments or removals at the department head level,
11the city administrator shall confer with council.

12(iii) Council must confirm appointments or removals
13at the department head level.

14(4) To designate a qualified administrative officer of
15the city to perform the city administrator's duties during
16the city administrator's temporary absence or disability. In
17the event the city administrator fails or is unable to make
18such designation, or, if the absence or disability continues
19more than 30 days, the council may, by resolution, appoint an
20officer of the city to perform the duties of the city
21administrator during the city administrator's absence or
22disability until the city administrator is able to return to
23work.

24(5) To negotiate contracts for the city, subject to the
25approval of city council, make recommendations concerning the
26nature and location of municipal improvements and execute
27municipal improvements as determined by the city council.

28(6) To see that all terms and conditions imposed in
29favor of the city or its inhabitants in any statute,
30franchise or contract are faithfully kept and performed, and

1upon knowledge of any violation, call the same to the
2attention of the city council.

3(7) To attend all meetings of the city council with the
4right to take part in the discussions, but without the right
5to vote.

6(8) To recommend to the city council for adoption such
7measures as the administrator may deem necessary or
8expedient, keep the council advised of the financial
9condition of the city and make reports to the council as
10requested by it.

11(9) To investigate at any time the affairs of any
12officer or department of the city that is under the
13administrator's jurisdiction.

14(10) To prepare and submit the annual city budget for
15review and approval by the city council. The recommended
16budget shall be submitted to city council for its review no
17later than the last stated meeting in November. The budget so
18submitted shall be accompanied by an enabling ordinance,
19together with such explanatory comment or statement as the
20administrator may deem desirable. The budget document shall
21be in such form as is required by law for city budgets and
22shall contain such additional documentation or explanation of
23the various items of expenditure and revenue as may be
24required by council.

25(11) To perform such other duties as may be designated
26by the city council in the enabling ordinance.

27Section 95. Article XIII heading of the act is repealed:

28[ARTICLE XIII

29CITY CLERK]

30Section 96. Sections 1301, 1302 and 1303 of the act are 

1repealed:

2[Section 1301. Appointment; Compensation; Removal.--The
3council of each city shall appoint a city clerk on the first
4Monday of May, one thousand nine hundred and fifty-two, and on
5the first Monday of May every fourth year thereafter, and fix
6his compensation by ordinance. He shall serve for a term of four
7years and until his successor is duly appointed and qualified.

8Section 1302. Power to Administer Oaths; Duties.--The city
9clerk shall have the power of a notary public to administer
10oaths in any matter pertaining to the business of said city, or
11in any legal proceeding in which it is interested. He shall also
12perform such other duties as shall be prescribed for his office
13by law, ordinance or resolution of council.

14Section 1303. Records Open to Inspection.--The records and 
15documents of city council of every city shall be kept in the 
16office of the city clerk and shall be open to the inspection of 
17any taxpayer thereof, his, her, or its agent, upon demand 
18therefor during office hours.]

19Section 97. Article XIV heading of the act is reenacted to
20read:

21ARTICLE XIV

22THE CITY TREASURER

23Section 98. Section 1401 of the act, amended July 27, 1973
24(P.L.229, No.59), is amended to read:

25Section 1401. Qualifications.--The city treasurer shall be 
26[a competent] an accountant, at least twenty-one years of age, 
27and shall have been a resident of the city for at least one year 
28[next prior to his] before the person's election. [He] The 
29elected treasurer shall reside in the city throughout [his] the 
30treasurer's term of office. Prior to being sworn in to office, 

1and as a condition to qualifying for office, the elected 
2treasurer shall present a signed affidavit to the city clerk 
3that states the person resides in the city from which elected 
4and has resided in the city continuously for at least one year 
5preceding the person's election.

6Section 99. Section 1402 of the act, amended July 2, 1953
7(P.L.318, No.67), is amended to read:

8Section 1402. Bond; Insurance; Salary.--[The city treasurer 
9shall give lawful fidelity bond to the Commonwealth, with a 
10surety company authorized by law to act as surety, to be 
11approved by the city council, in such sum as it may by ordinance 
12direct, conditioned for the accounting for and paying over all 
13moneys received by him in his capacity as city treasurer and the 
14safekeeping and payment over of all public moneys entrusted to 
15his care, and that as tax collector of city, county, institution 
16district, and school taxes he shall account for and pay over all 
17moneys received by him as taxes, penalties and interest. The 
18city treasurer shall in addition furnish adequate insurance 
19protection against any and all losses of said funds through 
20fire, burglary, larceny, theft, robbery or forgery. Such 
21insurance shall be approved by the city council in such sum as 
22it may by ordinance direct. The city treasurer and his surety 
23shall be discharged from further liability on any bond as tax 
24collector, as soon as all tax items contained in the duplicates 
25delivered to him are either: (1) collected and paid over, or (2) 
26certified to the city council for entry as liens in the office 
27of the prothonotary, or as claims in the tax claim bureau, as 
28the case may be, or (3) returned to the county treasurer or city 
29treasurer for sale, or (4) in the case of taxes, not levied upon 
30real estate, a record of those which remain uncollected is filed 

1with the tax authority. The city treasurer shall be required to 
2give, in addition to insurance as aforesaid, but one bond which 
3shall include his duties as city treasurer and collector of 
4city, county, institution district, and school taxes, and shall 
5cover the full term of his office. Should any of the taxing 
6districts be of the opinion at any time that the bond and 
7insurance as aforesaid provided by the city treasurer is not 
8sufficient in amount as to the surety and insurance thereon, the 
9said taxing district may petition the court of quarter sessions 
10having jurisdiction in the city to have the city treasurer 
11furnish additional bond and insurance as aforesaid. Thereupon, 
12the city treasurer shall furnish such additional bond and 
13insurance, if any, as the said court may prescribe. The premium 
14of the bond or bonds and insurance shall be paid by the city or 
15shared pro rata by the taxing districts interested, as the case 
16may be, according to their respective tax interests. The 
17treasurer shall not in any event be required to provide bond or 
18bonds and insurance in an amount in excess of the taxes to be 
19collected by him. The bond or bonds and insurance provided by 
20the city treasurer shall or be for the use of the city and the 
21taxing districts involved. He shall, as city treasurer, receive 
22a fixed annual salary, to be provided by ordinance. His 
23compensation as tax collector for the city, county, institution 
24district and school district shall be as provided for in the 
25Local Tax Collection Law.] (a) The city treasurer shall give 
26lawful fidelity bond, covering the full term of office, for the 
27faithful performance of official duties, including duties as tax 
28collector of city, county, institution district and school 
29taxes. In addition to being subject to such other conditions as 
30council may direct, the bond of the city treasurer shall be 

1conditioned upon the following:

2(1) The accounting for and paying over of all moneys
3received as city treasurer.

4(2) The accounting for and paying over of all moneys
5received, including taxes, penalties and interest, as tax
6collector of city, county, institution district and school
7taxes.

8(3) The safekeeping and payment over of all public moneys
9entrusted to the treasurer's care.

10(b) Council may require two bonds from the city treasurer:

11(1) A bond for the faithful performance by the city
12treasurer of official duties other than those of tax collector.

13(2) A bond covering the duties of the city treasurer as
14collector of city, county, institution district and school
15taxes.

16In lieu of the bond required for the faithful performance by the
17city treasurer of official duties other than those of tax
18collector, council may purchase insurance, provided that the
19insurance covers the same events of loss and insures the county
20against the same misconduct as the bond in compliance with this
21act.

22(c) The city treasurer and the treasurer's surety shall be
23discharged from further liability on any bond as tax collector,
24as soon as each of the tax items contained in the duplicates
25delivered to the city treasurer has been:

26(1) collected and paid over;

27(2) assigned to third party assignees;

28(3) certified to the city council for entry as liens in the
29office of the prothonotary or as claims in the tax claim bureau,
30as the case may be;

1(4) returned to the county treasurer or city treasurer for
2sale; or

3(5) in the case of taxes not levied upon real estate, a
4record of those which remain uncollected is filed with the tax
5authority.

6(d) Council may require the city treasurer to be covered by
7insurance protection in accordance with section 907(c).

8(e) Should any of the taxing districts be of the opinion at
9any time that the bond or insurance provided by the city
10treasurer is not sufficient in amount, the taxing district may
11petition the court of common pleas having jurisdiction in the
12city to have the city treasurer furnish additional bond and
13insurance. Thereupon, the city treasurer shall furnish
14additional bond and insurance, if any, as the court may
15prescribe. The premium on the bond or on the bonds and insurance
16shall be shared pro rata by the taxing districts interested, as
17the case may be, according to their respective tax interests
18pursuant to the act of May 25, 1945 (P.L.1050, No.394), known as
19the "Local Tax Collection Law." The treasurer shall not in any
20event be required to provide bond or bonds and insurance in an
21amount in excess of the taxes to be collected by the treasurer.
22The bond or bonds and insurance provided by the city treasurer
23shall be for the use of the city and the taxing districts
24involved.

25(f) The city treasurer shall receive a fixed annual salary
26to be provided by ordinance. Compensation as tax collector for
27the city, county, institution district and school district shall
28be as provided for in the "Local Tax Collection Law."

29Section 100. The act is amended by adding sections to read:

30Section 1402.1. City Treasurer to be Tax Collector.--Except

1as otherwise provided by the act of December 31, 1965 (P.L.1257,
2No.511), known as "The Local Tax Enabling Act," the city
3treasurer, by virtue of the treasurer's office, shall be the
4collector of the city, county, school and institution district
5taxes assessed or levied in the city by the proper authorities
6therein. As tax collector, the city treasurer shall maintain and
7keep an office which may be the same as that of the city
8treasurer for the purpose of receiving taxes during regular
9business hours.

10Section 1402.2. Date of Delivery of Duplicate; Collection.--
11The council of each city and the county and county institution
12district authorities, now empowered or which may be hereafter
13empowered to levy taxes upon persons and property within the
14city, shall, within thirty days after the adoption of the budget
15or within thirty days after receipt of the assessment roll from
16the county, whichever is later, make out and deliver their
17respective duplicates of taxes assessed to the city treasurer to
18be collected. The proper school authorities shall make out and
19deliver the school duplicates of their respective taxes in such
20city at the time and in the manner provided by the school laws
21of this Commonwealth. All duplicates of taxes provided to or 
22received by the treasurer shall at all times be open to proper
23inspection of the public and of the proper auditing and
24examining officers of the city, county or school district, as
25the case may be, and shall be delivered by the treasurer at the
26expiration of the treasurer's term to the treasurer's successor.

27Section 1402.3. Tax Liens; Schedule of Uncollected Taxes;
28Liability for False Return.--Upon the settlement of the
29duplicates of city, county, institution district and school
30taxes which by law are made a lien on real estate, the city

1treasurer as collector of taxes shall make out schedules of the
2city, county, school or institution district taxes uncollected
3upon the duplicates with a brief description of the properties
4against which the same are assessed, for the purpose of having
5the same entered for lien or sold according to law. The failure
6of the city treasurer to collect the taxes from personal
7property, when the same could have been collected, shall not
8impair the lien thereof or affect any sale made for the
9collection thereof. In case the city treasurer shall make any
10wilfully false return, the city treasurer shall be liable to any
11person or persons injured thereby.

12Section 101. Sections 1403, 1404, 1405, 1406, 1407 and 1408
13of the act are amended to read:

14Section 1403. Receipt and Payment of Moneys; Daily 
15Transmittal of Receipts; Duplicates.--The city treasurer shall 
16demand and receive all moneys payable to the city from [whatever 
17source, and shall issue a receipt in every case to the person 
18making such payment, and shall pay all warrants duly 
19countersigned by the director of accounts and finance and the 
20city controller] such sources as the city council may from time 
21to time entrust to the city treasurer and shall issue a receipt 
22when requested in every case to the person making such payment 
23and shall pay all documents authorizing payment duly 
24countersigned. All receipts for money received on behalf of the 
25city by the treasurer shall be numbered serially and made in 
26duplicate at least, and all such duplicates shall daily, not 
27later than the next succeeding business day, be transmitted by 
28the city treasurer to the city controller.

29Section 1404. Method of Keeping Accounts.--The accounts of 
30the city treasurer shall be kept in such manner as to clearly 

1exhibit all the items of receipts and expenditures of the city, 
2[and] the sources from which the moneys are received and the 
3objects for which the same are disbursed. [He] The city 
4treasurer shall keep separate and distinct accounts of the 
5receipts and expenditures of the city, including, but not 
6limited to, the sinking fund, and [the water and lighting] each 
7department[, respectively] providing a utility service, and also 
8of every special fund [which may come into his hands].

9Section 1405. Moneys Appropriated Only to be Paid Out.--No 
10money shall be paid out of the city treasury unless the same 
11shall have been previously approved, duly authorized and 
12appropriated by council to the purpose for which it is to be 
13drawn, which shall be explicitly mentioned in the [warrant 
14therefor] document authorizing payment.

15Section 1406. Depositories of City Funds Entrusted to the 
16Treasurer by City Council.--The treasurer shall keep the public 
17funds in [such] banks or financial depositories as council may 
18direct, under [such] restrictions and safeguards as council may 
19provide, and shall verify [his] the treasurer's accounts 
20whenever required, to the satisfaction of council.

21No treasurer complying with the provisions of this section
22and any ordinance of the city, nor [his] the treasurer's surety
23or sureties, shall be chargeable with losses of city funds
24caused by the insolvency or negligence of any [such] city
25depositories.

26Section 1407. Delivery of City Property in [His] Treasurer's 
27Possession to Successor.--The city treasurer shall, upon [the 
28termination of his] leaving office, deliver to the city or to 
29[his] the treasurer's duly qualified successor all moneys, 
30accounts, property or effects in [his] the treasurer's 

1possession belonging to the city.

2Section 1408. [Assistants and Employes.--] Appointment of 
3Deputy Treasurer and Employes; Powers; Responsibility.--(a) The 
4city treasurer [shall] may appoint [all] the following:

5(1) A deputy treasurer who, in the case of the sickness,
6absence or inability of the city treasurer to act, shall have
7the same powers and shall perform the same duties as are imposed
8by law upon the city treasurer and such appointment shall be in
9compliance with the requirements of the act of May 25, 1945
10(P.L.1050, No.394), known as the "Local Tax Collection Law."

11(2) All the assistants and employes of [his] the city 
12treasurer's office, whose number and compensation shall be fixed 
13by council[,] and who, in all other respects, shall be 
14considered as employes of the city.

15(b) All persons appointed pursuant to this section shall be
16covered by a bond, blanket bond or insurance in accordance with
17section 907.

18Section 102. Article XV heading of the act is reenacted to
19read:

20ARTICLE XV

21THE CITY ENGINEER

22Section 103. Article XV subdivision (a) heading of the act
23is repealed:

24[(a) General Provisions]

25Section 104. Sections 1501, 1502, 1503, 1504 and 1505 of the
26act are amended to read:

27Section 1501. [Election of the City Engineer; Term; Bond;
28Filling of Vacancies.--The council of each city shall, on the
29first Monday of May, one thousand nine hundred and fifty-two,
30and on the first Monday of May every fourth year thereafter, or

1as soon thereafter as practicable in each of said years, appoint
2a city engineer, who shall be a registered engineer in civil
3engineering. He shall serve for a term of four years from the
4said first Monday of May and until his successor is qualified.
5He shall receive a fixed annual salary to be provided by
6ordinance. He shall give lawful bond to the city, with a surety
7or other company authorized by law to act as surety, to be
8approved by council, in such sum as it shall by ordinance
9direct, conditioned for the faithful performance of his official
10duties. Vacancies in said office shall be filled by council for
11the unexpired term.] Appointment of City Engineer.--Council 
12shall provide for the manner of appointment and compensation of 
13the city engineer, who shall be a registered professional 
14engineer in this Commonwealth and shall serve at the pleasure of 
15council. Nothing contained herein shall prohibit council from 
16designating an engineering firm of registered professional 
17engineers from performing the duties and functions of the city 
18engineer.

19Section 1502. Control of Engineering Matters.--The city
20engineer shall have the [superintendence, direction and control
21of the engineering matters of the city, and no department of the
22city shall employ or retain any additional engineer, except with
23the previous assent of council. Assistants and employes in the
24office of the city engineer shall be appointed in accordance
25with the civil service provisions of this act. The provisions of
26this article shall not apply to any board of commissioners of
27water-works of any city wherein the title to the water-works
28therein located is in the name of the commissioners of water-
29works.] supervision, direction and control of the engineering 
30matters of the city, and no department of the city shall employ 

1or retain any additional engineer, except with the previous 
2assent of council.

3Section 1503. Duties[; Preparation of Plans.--The city
4engineer shall perform such duties as the council shall
5prescribe with reference to the construction, reconstruction,
6maintenance and repair of all streets, pavements, sewers,
7bridges, culverts and other engineering work. He shall prepare
8plans, specifications, and estimates for all such work
9undertaken by such city, and shall, whenever required, furnish
10council, the committees thereof, the mayor, public boards, or
11heads of departments, with reports, information or estimates on
12any city engineering work, or on questions submitted by any of
13them in their official capacity.].--As authorized by council, 
14engineering work undertaken by the city shall be performed or 
15supervised by the city engineer or by another registered 
16professional engineer employed by the city for a particular 
17purpose. The duties of the city engineer may include, but need 
18not be limited to, the following:

19(1) Preparing plans, specifications and estimates, and
20undertaking other engineering work related to constructing,
21reconstructing, maintaining and repairing streets, pavements,
22sewers, bridges, culverts and other municipal improvements.

23(2) Making reports, giving estimates, supplying information
24and responding to questions concerning city engineering work to
25city officials and employes, provided that council may regulate
26the manner, number and method of making these requests.

27(3) Conducting, supervising or directing surveys relating to
28city property and improvements authorized by law or as directed
29by council.

30(4) Preparing a topographical survey of the city or a

1general plan of city streets, marking the lines of streets, both
2those already opened and those intended to be opened for public
3use, as council may deem necessary.

4(5) Surveying, making a draft or plan of and laying out new
5or proposed streets, as council may deem necessary.

6(6) Reporting a grade for any proposed or new streets, as
7council may deem necessary.

8(7) Making reports, from time to time, as deemed expedient
9by the city engineer or as council shall direct, of the surveys
10and plans of city streets in convenient sections without
11awaiting the completion of the entire survey.

12(8) Keeping and maintaining books and records, and providing
13for certified copies of the same, as may be directed or
14authorized by council or required by law.

15Section 1504. [Certificate of Commencement and of Completion
16of Municipal Improvements.--The city engineer shall immediately
17after the completion of any municipal improvement, the cost and
18expense of which, in whole or in part, is to be paid by the
19abutting property, make certificate in which he shall state the
20day or time on which the particular improvement was completed,
21and shall file the same with the city clerk, who shall enter the
22said day or time of completion in a book to be kept by him for
23said purposes; and the said day or time mentioned in said
24certificate shall be conclusive on all parties as to the time
25the said work was completed. The time of completion of the work,
26referred to in this section and in other parts of this act,
27shall be taken to mean the time of the completion of the whole
28contract for the improvement. He shall also furnish to the city
29clerk a certificate showing the time on which any such
30particular improvement was commenced, and such certificate shall

1be conclusive evidence of the time when the said improvement was
2begun. An entry of such date shall be made by said clerk in the
3books aforesaid.] Certifying Commencement and Completion of 
4Municipal Improvements.--Within a reasonable time after the 
5completion of any municipal improvement, the cost and expense of 
6which, in whole or in part, is to be paid by the abutting 
7property owner or owners, the city engineer, or employes 
8designated by the city engineer, shall certify the day or time 
9on which the particular improvement was commenced and the day or 
10time on which the particular improvement was completed, shall 
11file the same with the city clerk who shall maintain a 
12centralized book or listing of certificates of commencement and 
13completion, and shall provide notice of the filing to the city 
14solicitor. The day or time of completion of the work, referred 
15to in this section and in other parts of this act, shall mean 
16the time of the completion of the whole contract for the 
17improvement. Information filed with the clerk certifying the day 
18or time of the commencement and completion of the work shall be 
19conclusive evidence of the day or time when the improvement was 
20begun and completed.

21Section 1505. [Surveys.--The city engineer shall have the
22charge and direction of all surveys and regulations authorized
23by any act of Assembly, or ordinance of such city, and shall
24perform such other duties as council shall direct.] Surveys; 
25Entering Upon the Lands of Others.--For the purposes of carrying 
26out authorized surveys, laying out streets or of other 
27engineering work of the city, the city engineer or other persons 
28engaged in city engineering work shall have full power and 
29authority to enter upon the lands and premises of any person or 
30persons within the city.

1Section 105. Article XV subdivision (b) heading, sections
21515, 1516, 1517, 1518, 1519, 1520 and 1521, subdivision (c)
3heading and sections 1530, 1531, 1532, 1533, 1534, 1535, 1536,
41537 and 1538 are repealed:

5[(b) Real Estate Registry

6Section 1515. Council to Provide for Registry of Real
7Estate.--For the purpose of procuring accurate information in
8reference to the ownership of all real estate, the council of
9each city shall provide, by ordinance, for a registry thereof in
10accordance with this subdivision.

11Section 1516. Preparation of Books, Plans and Maps.--The
12city engineer of any city in which such registry shall be
13established shall cause to be made all such necessary books,
14maps and plans as will show the situation and dimensions of each
15property therein, which books, maps or plans shall be so
16prepared as to show the city number, and name of the owner or
17owners thereof, with blank spaces for the owner of each lot,
18with provision for the names of future owners, and dates of
19future transfer of title. For such purpose, the city engineer
20shall have free access, without charge, to any of the public
21records wherein the necessary information may be obtainable
22therefor. He may also cause search to be made in any other place
23for any muniments or evidence of title, not reported to him as
24hereinafter provided, and requisite for the completion of said
25books, maps or plans.

26Section 1517. Preservation of Records.--The said books, maps
27and plans shall be carefully preserved in the office of the
28engineer, and shall be so kept, by additions from time to time,
29or otherwise, as to show the ownership of every lot or piece of
30real estate, or subdivision thereof, within the city limits,

1with the successive transmissions of title, from the date of the
2commencement of such plans; but nothing herein or in this
3article shall invalidate any municipal or tax claim by reason of
4the fact that the same is not assessed or levied against the
5registered owner.

6Section 1518. Certified Copies of Entries Admissible as
7Evidence.--Certified copies, signed by the city engineer, of any
8of the entries in said books, or upon said maps or plans, shall
9be received in evidence in the same manner as the books, maps
10and plans themselves might be admissible for such purposes; and
11may be also furnished to any person desiring the same, for such
12fee or compensation for the use of the city as may be fixed by
13ordinance.

14Section 1519. Duties Imposed on Owners of Real Estate when
15Registry Established; Penalty.--All owners of unregistered real
16estate within the city limits, within thirty days from the date
17of the approval of the ordinance establishing such registry, and
18every subsequent purchaser, devisee, or person acquiring title
19by partition or otherwise, to any real estate therein, within
20thirty days after acquiring such title, shall furnish to the
21said engineer, at his office, descriptions of their respective
22properties, upon blanks to be furnished by the city, and, at the
23same time, present their conveyance to be stamped by said
24engineer, without charge, as evidence of the registration
25thereof. Any person or persons neglecting or refusing to comply
26with the provisions of this section, for a period of thirty days
27after public notice of the requirements thereof, shall be liable
28to a penalty of five dollars, to be recovered, with costs of
29suit, in the name and for the use of the city, as penalties for
30the violation of city ordinances are recoverable: Provided,

1however, That such registration may within said thirty day
2period be also effected by the recorder of deeds of the county,
3in accordance with existing law.

4Section 1520. Registry of Properties Sold at Judicial
5Sales.--The sheriffs of the respective counties in which such
6cities are situated shall present for registry the deeds of all
7properties within the city limits sold by them at judicial
8sales, whether by execution, in partition, or otherwise.

9Section 1521. Filing of Municipal Claims.--Each city's
10registry may be used as the lawful and proper source of property
11owners' or reputed owners' names for the purpose of filing
12municipal claims as liens or of reviving municipal liens.

13(c) Topographical Survey

14Section 1530. Council May Authorize Topographical Survey.--
15Any city may, by ordinance, cause a topographical survey
16thereof, to be made by its city engineer, or by such other civil
17engineer and assistants as they may employ for that purpose.

18Section 1531. Plan of Streets and Highways; Surveys;
19Grades.--The city engineer, upon being duly authorized, shall
20procure and keep in his office such necessary plot or other
21books as shall be necessary for the purpose of entering or
22recording thereon all the streets and highways of the city,
23already opened or to be hereafter opened. He shall survey and
24mark the lines of all the streets and highways of the city,
25already opened or intended to be opened for public use, and
26survey and lay out new streets and highways, as council may deem
27necessary, for a regular and convenient city plan, and, if
28specially directed, he shall report a grade for any proposed new
29streets. For the said purposes, the city engineer and his
30assistants or any other person engaged in such engineering work

1for the city shall have full power and authority to enter upon
2the lands and premises of any person or persons within the said
3city.

4Section 1532. Return of Draft of Completed Survey to
5Council; Inspection.--When the survey shall be completed, the
6said engineer shall make or cause to be made a draft or plan
7thereof, with every provision and explanation necessary for a
8full understanding of the same, distinctly designated where new
9streets and highways are thereafter to be opened, and shall
10return the same to the council. It shall remain in the office of
11the city clerk, and open to inspection by those interested,
12until finally approved as hereinafter provided.

13Section 1533. Notice of Return; Objections; Alterations;
14Approval; Recording.--Council shall give at least thirty days'
15previous notice by publication once in at least two newspapers
16of general circulation, if there be that many, as required by
17section one hundred and nine of this act, and by posting at
18least ten handbills upon lands or territory contained in the map
19or plan returned for approval, that on a certain day or days, to
20be fixed by the said council, the said council will hear any
21objection that may be made to said draft or plans by any
22freeholder or citizen of said city, or interested person. The
23council at the time appointed, or at any subsequent time within
24three months, shall determine whether any and what alterations
25shall be made in the said plan or draft. When the same is
26finally approved, whether as returned or as altered and changed,
27said council may direct that the same be entered and recorded in
28the plot-book of street plans, in the office of the city
29engineer.

30Section 1534. Notation of Grades on Plans.--In case the city

1engineer is directed to report grades for said streets or
2highways, the same shall be noted on said draft or plan, and be
3returned with his surveys; and said grades shall be subject to
4alterations and changes by council, in the manner aforesaid; and
5when approved by the said council shall become part of the
6plans, and be entered and recorded as aforesaid.

7Section 1535. Effect of Recording.--Upon the recording of
8such plan or draft in the street plan book, and the passage of
9an ordinance approving said street drafts or plans and grades,
10or of either, as the case may be, therein designating the book
11and page, or pages, at or in which the said plan or plans are
12recorded, thereafter all the streets and highways, as designated
13upon said approved plan and recorded as aforesaid, shall be
14adjudged and taken to be laid out and located streets and
15highways.

16Section 1536. Deviation from Established Plans; Liability of
17City.--In case the council shall thereafter change or alter, or
18should they by themselves or their officers deviate from the
19regulations of the streets or highways, so as aforesaid
20established, and damages thereby accrue to the property of any
21person or persons in consequence thereof, the said city shall be
22liable for the payment of such damages.

23Section 1537. Sectional Surveys.--Sectional surveys or
24drafts may be returned to the council by said engineer at any
25time, and be confirmed as aforesaid, and with like force and
26effect.

27Section 1538. Reports of Partial Surveys; Confirmation.--The
28said engineer may, from time to time as he shall deem expedient
29and the said council shall direct, make report of the surveys,
30plans and regulations by him made, in convenient sections,

1without awaiting the completion of the entire survey, and shall
2make duplicate drafts and plans of said section in the manner
3hereinbefore prescribed. The same proceedings shall be had for
4the final confirmation of such partial or sectional drafts and
5plans as is herein directed in relation to the confirmation of
6the entire survey, and with like effect and force.]

7Section 106. Article XVI heading of the act is reenacted to
8read:

9ARTICLE XVI

10THE CITY SOLICITOR

11Section 107. Sections 1601, 1602, 1603 and 1604 of the act 
12are amended to read:

13Section 1601. Appointment of City Solicitor[; Term;
14Compensation; Bond; Filling of Vacancies.--The council of each
15city shall, on the first Monday of May, one thousand nine
16hundred and fifty-two, and on the first Monday of May every
17fourth year thereafter, or as soon thereafter as practicable in
18each of said years, appoint a city solicitor, who shall be
19learned in the law and admitted to practice in the Supreme Court
20of the Commonwealth, and shall maintain an office in the city.
21He shall serve for a term of four years from the said first
22Monday of May and until his successor is qualified. He shall
23receive a fixed annual salary to be provided by ordinance. He
24shall give lawful bond to the city, with a surety or other
25company authorized by law to act as surety, to be approved by
26council, in such sum as they shall by ordinance direct,
27conditioned for the faithful performance of his official duties.
28Vacancies in said office shall be filled by council for the
29unexpired term.].--Council shall provide for the manner of 
30appointment and compensation of the city solicitor, which may be 

1a law firm.

2Section 1602. Direction of [Law] Legal Matters.--The city 
3solicitor shall have the [superintendence,] direction[,] and 
4control of the [law] legal matters of the city. No department of 
5the city shall employ or retain any additional counsel in any 
6matter or cause, except with the [previous] prior assent of 
7council.

8Section 1603. Duties.--The city solicitor shall [prepare]
9oversee the preparation of all bonds, obligations, contracts,
10leases, conveyances, and assurances to which the city or any
11department thereof may be party, as may be directed by
12resolution or ordinance, and shall [commence and prosecute]
13oversee the commencement and prosecution of all and every suit
14or suits, action or actions, brought by the city, and the filing 
15of municipal claims and liens, for or on account of any of the
16estates, rights, trusts, privileges, claims, or demands[,] of
17the same, as well as [defend] oversee the defense of all actions
18or suits against the [said] city or any officer thereof, wherein
19or whereby any of the estates, rights, privileges, trusts,
20ordinances, or acts of the city or any department thereof, may
21be brought in question before any court. [He] The city solicitor
22shall have like duties before any administrative agency or other
23judicial or quasi-judicial body. [He] The city solicitor shall
24do all and every professional act incident to the office which
25[he] the city solicitor may be lawfully authorized and required
26to do by the mayor, or by any ordinance or resolution of the
27council, and shall perform such other duties as council may 
28direct.

29Section 1604. Written Opinions to be Furnished.--[The city
30solicitor shall, whenever required, furnish the council, the

1mayor, or any elected city official, with his opinion, in
2writing, upon any question of law which may be submitted by any
3of them in their official capacities.] (a) Subject to 
4regulation by council in accordance with subsection (b), the 
5city solicitor shall furnish a written opinion on questions of 
6law submitted, in their official capacities, by any of the 
7following:

8(1) The council.

9(2) The mayor.

10(3) Any other elected city official.

11(4) Any appointed city official designated by council as
12authorized to request a written legal opinion.

13(b) The city council may provide for the regulation of the
14manner in which questions are presented to the city solicitor by
15any elected or appointed city official and may limit the
16questions submitted in such manner as the city council may
17direct.

18Section 108. Sections 1605 and 1606 of the act are repealed:

19[Section 1605. City Lien Docket.--The city solicitor shall
20keep in his office a city lien docket, which shall be open to
21public inspection, and in which he shall cause to be entered all
22claims for curbing, paving, or repaving sidewalks, assessments
23of damages, contributions for opening streets, or parts thereof,
24for grading, paving, and macadamizing the same, for water and
25lighting frontage tax and water and lighting rates, sewerage,
26city taxes, and other matters that may be the subject of claim
27on the part of the city, which have or shall be returned to the
28solicitor as remaining due and unpaid after the period
29prescribed by law or ordinance for the payment of such claims.
30Nothing contained herein shall be deemed to alter or replace the

1administration and effect of the Real Estate Tax Sale Law in any
2city wherein said law is in operation.

3Section 1606. Department Heads to Furnish Statements of
4Claim.--It shall be the duty of the head of each department,
5wherein any such claim shall originate, to furnish to the city
6solicitor, within the period prescribed by law or ordinance, a
7statement of all claims for curbing, paving, et cetera, which
8remain due or unpaid, a certified copy of which the said heads
9of departments shall at the same time furnish to the director of
10accounts and finance.]

11Section 109. Section 1607 of the act is amended to read:

12Section 1607. Satisfaction of Liens Due City.--Upon the
13payment of any lien or other debt of record due the city, to any
14city employe or city official or other person authorized to
15receive the [same] payment, that person shall [forthwith forward
16to the city solicitor a satisfaction piece therein], as soon as 
17practicable, notify the city solicitor; and it shall be the duty
18of the city solicitor or [his assistant forthwith] the 
19solicitor's designee, as soon as practicable, to cause
20satisfaction to be entered upon the proper record [thereof] of 
21the lien or debt of record.

22Section 110. Section 1608 of the act is repealed:

23[Section 1608. Return and Payment of Money and Fees
24Received.--The city solicitor shall, at least once in every
25month, make a return to the director of accounts and finance,
26under oath or affirmation, of each item of moneys received by or
27through him, or his assistants, by virtue of his office, or on
28account of any matter connected therewith. Immediately upon
29making such return, he shall pay over the amount in his hands to
30the city treasurer. He shall, in like manner, pay into the city

1treasury all fees received by him in his official capacity, but
2this provision shall not be taken to include the judgment fee or
3commission allowed him in his capacity of attorney.]

4Section 111. Sections 1609 and 1610 of the act are amended 
5to read:

6Section 1609. Assistant Solicitor.--[The council of each
7city may] Council may, at its discretion, appoint one or more
8assistant city solicitors[, whose term of office shall be
9concurrent with that of the city solicitor, and whose] to assist 
10the solicitor in the performance of all duties and shall provide 
11for the compensation [shall be fixed by resolution, and who
12shall assist the solicitor in the performance of all duties
13prescribed for him] of assistant solicitors by resolution.

14Section 1610. Special Counsel.--Council may, at its
15discretion, retain special counsel for particular proceedings or
16matters of the city and [fix his] shall provide for the 
17compensation of special counsel by resolution.

18Section 112. Article XVII heading of the act is amended to
19read:

20ARTICLE XVII

21THE CITY CONTROLLER AND INDEPENDENT AUDITOR

22Section 113. Article XVII of the act is amended by adding a
23subdivision heading to read:

24(a) City Controller

25Section 114. Section 1701 of the act, amended July 27, 1973
26(P.L.234, No.62), is amended to read:

27Section 1701. Qualifications; Bond; Compensation.--(a) The 
28city controller shall be [a competent] an accountant, at least 
29twenty-one years of age, shall have been a resident of the city 
30for at least one year [next before his election] before the 

1person's election, and shall reside in the city throughout [his] 
2the person's term of office. Prior to being sworn in to office, 
3and as a condition to qualifying for office, the elected city 
4controller shall present a signed affidavit to the city clerk 
5that states the person resides in the city from which elected 
6and has resided in the city continuously for at least one year 
7immediately before the person's election.

8(b) The city controller shall give bond in accordance with
9section 907 for the faithful performance of official duties as
10the city controller. The bond shall cover the full term of
11office and shall be conditioned upon the following:

12(1) The accounting for and paying over of all moneys
13received as city controller.

14(2) The safekeeping and payment over of all public moneys
15entrusted to the controller's care.

16(c) The city controller shall receive a fixed annual salary,
17to be set by ordinance, in an amount not less than the
18compensation paid to members of council.

19Section 115. Sections 1702 and 1703 of the act are repealed:

20[Section 1702. Bond.--He shall give lawful bond to the city,
21with a surety or other company authorized by law to act as
22surety, to be approved by the council, in such sum as it may by
23ordinance direct, conditioned for the honest and faithful
24discharge of his official duties.

25Section 1703. Compensation.--He shall receive a fixed annual
26salary, to be provided by ordinance, which shall not be less
27than the compensation paid to members of council.]

28Section 116. Section 1704 of the act, amended May 6, 1957
29(P.L.100, No.42) and December 14, 1967 (P.L.828, No.355), is
30amended to read:

1Section 1704. [Examination and Audit of Accounts].--(a)] 
2Powers and Duties.--(a) The city controller shall countersign 
3all documents authorizing the payment of moneys out of the city 
4treasury when satisfied of the legality of the payment.

5(b) The city controller shall have the power to administer
6oaths or affirmations in relation to any matter touching the
7authentication of any account, claim or demand of or against the
8city, but shall not receive any fee therefor.

9(c) The city controller shall have the power to examine[, 
10audit and settle all] the following accounts:

11(1) All accounts whatsoever in which the city is concerned, 
12either as debtor or creditor[, and shall also, annually or as 
13often as he desires or is directed to do so by council, examine 
14and audit the].

15(2) The accounts of all city bureaus, officers, and 
16departments which collect, receive, and disburse public 
17moneys[,] or who are charged with the management, control, or 
18custody thereof[, and in every case he shall make report of such 
19examination, audit and settlement to the council. He shall 
20likewise audit and report upon the].

21(3) The accounts of [any such] a city officer upon the 
22death, resignation, removal or expiration of the term of the 
23[said officers] officer. [He shall likewise audit and report 
24upon the]

25(4) The accounts of any library to which the city makes 
26appropriations, [those of] any institution owned by the city, 
27and [those of] Pennsylvania National Guard units to which the 
28city makes appropriations.

29[(b) He shall likewise audit, or with the consent of council
30cause to be made by an accountant an annual audit of, all the

1accounts of any municipal officer in any department of the city
2government who may be charged with the duty, or who may perform
3the services, of receiving and disbursing the funds of any
4association, society, or organization of municipal employes or
5persons, directly or indirectly connected with the municipal
6government, for the benefit, relief, or pensioning of firemen,
7policemen, or other municipal employes or persons as aforesaid.

8(c) All such audits shall be made within as short a time as
9possible after the close of the fiscal year, and be annually
10reported to council at its first meeting in March, as other
11reports of the controller are made, and shall be filed with the
12court of quarter sessions within ninety days of the close of the
13fiscal year.

14(d) Council may provide for an audit of any or all accounts
15by an independent certified public accountant.

16(e) Brief abstracts or summaries of the reports of such
17accounts and financial statements or such other reports thereof
18as council may require shall be published at least once a week
19for two weeks in one newspaper, in accordance with the
20provisions of section one hundred and nine of this act. The
21expense and cost of such publication shall be paid out of the
22funds of the various associations, organizations, or societies,
23as their other expenses are paid.]

24(f) In the same manner in which subpoenas may be issued and
25enforced, in accordance with section 917, the city controller
26shall have power to issue and pursue enforcement of subpoenas to
27obtain the attendance both of officers whose accounts the
28controller is authorized to examine and of any person or persons
29whom it may be necessary to examine as witnesses.

30(g) The city controller may present council with annual or

1periodic statements concerning the results of the controller's
2examination of accounts, which shall be public records pursuant
3to the act of February 14, 2008 (P.L.6, No.3), known as the
4"Right-to-Know Law".

5Section 117. The act is amended by adding sections to read:

6Section 1704.1. Deputy Controller; Employes.--The controller
7may appoint a deputy controller and may select individuals to
8serve as assistants and employes in the controller's office. The
9number of the assistants and employes permitted, if any, shall
10be fixed by council. Assistants and employes in the controller's
11office shall, in all other respects, be considered employes of
12the city. A deputy controller, assistants and employes appointed
13under this section shall be bonded, and their compensation shall
14be fixed by council.

15Section 1704.2. Temporary Deputy Controller.--In case of the
16sickness, absence or inability of a city controller, and when no
17deputy shall have been appointed by the controller, the council
18may appoint a temporary deputy controller to serve during the
19sickness, absence or inability of the controller, or until the
20controller shall appoint a deputy. A temporary deputy controller
21shall be bonded and receive the compensation fixed by council.

22Section 1704.3. Continuation of Office.--The appointment of
23an independent auditor in accordance with subdivision (b) shall
24not abolish the office of controller. The elected controller
25shall continue to exercise those powers retained for the
26controller in this subdivision.

27Section 118. Article XVII of the act is amended by adding a
28subdivision heading to read:

29(b) Independent Auditor

30Section 119. The act is amended by adding sections to read:

1Section 1704.11. Appointment of Independent Auditor.--The
2council shall provide, by resolution, for the appointment of an
3independent auditor. The independent auditor may be a certified
4public accountant or a firm of certified public accountants.

5Section 1704.12. Powers and Duties of Independent Auditor.--
6(a) The independent auditor shall conduct an annual audit of
7all accounts of city officers, departments and offices which
8collect, receive and disburse public moneys and other funds or
9are charged with the management, control or custody thereof on
10which the independent auditor is required to report pursuant to
11this subdivision. The annual audit, as directed by council,
12shall also include any accounts subject to examination by the
13controller pursuant to subdivision (a).

14(b) The independent auditor shall have and possess the
15powers expressly provided in this subdivision and, in relation
16to accounts which the independent auditor is authorized to
17audit, shall have the same power as the city controller to issue
18subpoenas to obtain the attendance of officers and witnesses.

19Section 120. Section 1705 of the act, amended March 2, 1970
20(P.L.71, No.31), is amended to read:

21Section 1705. Annual Report to Council; Filing Copy in Court 
22and Appeal [Therefrom].--(a) The [city controller] independent 
23auditor appointed in accordance with this subdivision shall make 
24a report to council, at [its] council's first meeting in March 
25in each year, of the audits [which he shall have] made of the 
26accounts of the officers having charge, custody, control or 
27disbursement of such public moneys and other funds, showing the 
28balance in their hands respectively, and, within ninety days of 
29the close of the fiscal year, the [city controller] independent 
30auditor shall file a copy of the [said] annual report to council 

1with the clerk of the court or the prothonotary, as may be 
2provided by local rules of court.

3(b) The independent auditor shall also prepare, annually, an
4intelligible summary of the report or reports made pursuant to
5this section, showing the fiscal condition of the affairs of the
6city. Council may require advisory interim reports from the
7independent auditor. Reports prepared under this section and all 
8summaries thereof shall be public pursuant to the act of 
9February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know 
10Law."

11(c) It shall be lawful for the city or any taxpayer thereof 
12on its behalf or any officer whose account is settled or audited 
13to appeal from the settlement or audit to the court of common 
14pleas of the county within forty-five days after the [said] 
15annual report to council has been filed. If the appellant is a 
16taxpayer or any officer charged as aforesaid, he shall file a 
17bond, with one or more sufficient sureties, conditioned to pay 
18all costs thereafter accruing in case a decision shall not be 
19obtained more favorable to the party on whose behalf the appeal 
20shall be taken than that contained in the [said] report. [The 
21city controller shall also prepare an intelligible summary of 
22said reports, showing the fiscal condition of the affairs of the 
23city, and post one copy of said summary in a conspicuous place 
24in the city hall. Council may require advisory interim reports 
25from the city controller.]

26Section 121. Sections 1706, 1707, 1708 and 1709 of the act
27are repealed:

28[Section 1706. Power to Administer Oaths; Countersigning of
29Warrants.--The city controller shall have the power to
30administer oaths or affirmations in relation to any matter

1touching the authentication of any account, claim, or demand of
2or against the city, but shall not receive any fee therefor, and
3shall countersign all warrants for the payment of moneys out of
4the city treasury when satisfied of the legality of such
5payment.

6Section 1707. Power to Subpoena City Officers.--The city
7controller shall have power to issue subpoenas to obtain the
8attendance of officers whose accounts he is authorized to
9adjust, audit, and settle, and also to subpoena any person or
10persons whom it may be necessary to examine as witnesses, and in
11case any city officer or any witness refuses to appear upon
12being subpoenaed, he shall report such refusal to council, and
13the council is hereby empowered to enact ordinances to compel
14the attendance of city officers and witnesses before the said
15city controller and to impose penalties in case of refusal.

16Section 1708. Appointment of Deputy Controller; Powers;
17Responsibility.--The city controller may appoint a deputy
18controller, who in case of the sickness, absence, or inability
19of such controller to act, shall have the same powers and shall
20perform the same duties as are imposed by law upon the city
21controller. In the case of such appointment, the said controller
22shall be responsible and liable for the acts of such deputy.

23Section 1709. Appointment of Temporary Deputy by Council;
24Bond; Compensation.--In case of the sickness, absence, or
25inability of a city controller, and when no deputy shall have
26been appointed by him, the council of such city may appoint a
27deputy controller to serve during the sickness, absence, or
28inability of such controller, or until such controller shall
29appoint a deputy, as aforesaid, who shall furnish such bond, and
30receive such compensation, as shall be fixed by council.]

1Section 122. Article XVIII heading of the act is reenacted
2to read:

3ARTICLE XVIII

4ACCOUNTS AND FINANCES

5Section 123. Section 1801 of the act, amended April 27, 1965
6(P.L.21, No.18), is amended to read:

7Section 1801. Fiscal Year.--The fiscal year of each city 
8shall begin on the first day of January and end on the last day 
9of December.

10Section 124. Sections 1802, 1803 and 1804 of the act are
11amended to read:

12Section 1802. [Director of Accounts and Finance] Chief 
13Fiscal Officer; Bond; Administering Oaths.--[The director of 
14accounts and finance shall be the head of the Department of 
15Accounts and Finance. He shall furnish bond in such amount as 
16shall be fixed by ordinance. He] (a) Council shall provide for 
17a chief fiscal officer for the city. In filling the position of 
18chief fiscal officer, council may appoint, but shall not be 
19limited to appointing, the director of the department of 
20accounts and finance, if one is appointed pursuant to Article XI 
21or the city administrator, if one is appointed pursuant to 
22Article XII-A.

23(b) Council shall require that the chief fiscal officer
24furnish a bond subject to section 907.

25(c) The chief fiscal officer shall have authority to 
26administer oaths and affirmations in relation to any matter 
27touching the authentication of every account with or claim or 
28demand of or against the city, but shall not be entitled to 
29receive any fee therefor.

30Section 1803. Deputy.--[The director of accounts and finance 

1may appoint a deputy, subject to the approval of council, which 
2shall fix the salary of such deputy.] Council may authorize the 
3chief fiscal officer to appoint, subject to the approval of 
4council, a deputy chief fiscal officer whose compensation shall 
5be fixed by council. The deputy shall have power to administer 
6oaths and affirmations in all matters relating to the affairs of 
7[said] the office and shall furnish a bond subject to section 
8907. If no deputy has been appointed, council may appoint a 
9temporary deputy chief fiscal officer to serve during the chief 
10fiscal officer's illness, absence or inability to serve. The 
11temporary deputy chief fiscal officer may be required to furnish 
12bond as required by council. [The director of accounts and 
13finance shall in all cases be responsible and liable for the 
14actions and conduct of the said deputy.]

15Section 1804. Regulations Concerning Appropriation.--(a) No 
16debt shall be created by any department of the city[,] except in 
17[pursuance of previous authority of law, ordinance, or 
18resolution] accordance with law.

19(b) No money shall be paid out of the city treasury except 
20upon appropriation made according to law[,] and [on warrant] 
21pursuant to a document authorizing payment drawn by the proper 
22officer or officers in pursuance thereof.

23(c) No work shall be hired to be done, no materials 
24purchased, no contracts made, and no order issued for the 
25payment of any moneys [in any amount which will cause the sums 
26appropriated to specific purposes to be exceeded], if doing so 
27would result in the total expenditure of money for a specific 
28purpose to exceed the amount appropriated for that purpose.

29(d) In every case in which an appropriation shall be 
30[exhausted] entirely expended, and the object of [which] the 

1appropriation is not completed, the [director of accounts and 
2finance] chief fiscal officer shall [immediately] on or before 
3the next regularly scheduled council meeting report the fact to 
4the city council and accompany [such] the report with a 
5statement of the moneys which have been drawn on [such] the 
6appropriation[,] and the particular purpose for which they were 
7drawn.

8(e) The council may at any time by ordinance make 
9supplemental appropriations for any lawful purpose from any 
10funds on hand or estimated to be received within the fiscal year 
11and not appropriated to any other purpose, including the 
12proceeds of any borrowing now or hereafter authorized by law.

13(f) The council shall have the power to authorize the 
14transfer of any unexpended balance, of any appropriation item, 
15or any portion thereof, but [such action shall be taken only on 
16the recommendation of a director of one of the departments] 
17council shall first seek comments from the director of the 
18department negatively affected by the proposed transfer pursuant 
19to this section.

20[When a transfer of over five per cent of an appropriation
21item is made within a department or when a transfer of over five
22per cent of the total appropriation is made from one department
23to another department, an affirmative vote of four members of
24the council shall be required.]

25(g) Consistent with this section, council shall determine
26the manner and method of all intradepartmental and
27interdepartmental financial transfers.

28Section 125. Section 1804.1 of the act, amended July 10,
291980 (P.L.478, No.103) and December 13, 1982 (P.L.1149, No.263),
30is amended to read:

1Section 1804.1. Investment of City Funds.--(a) The council 
2shall have power to provide the following:

3(1) [make] The investment of city sinking funds as
4authorized by [the act of July 12, 1972 (P.L.781, No.185), known
5as the "Local Government Unit Debt Act";] 53 Pa.C.S. Pt. VII 
6Subpt. B (relating to indebtedness and borrowing).

7(2) [make] The investment of moneys in the general fund and
8in special funds of the city other than the sinking funds as
9authorized by this article[; and].

10(3) [liquidate] The liquidation of any [such] investment, in
11whole or in part, by disposing of securities or withdrawing
12funds on deposit. Any action taken to make or to liquidate any
13investment shall be made by the officers designated by action of
14the council.

15(b) The council shall invest city funds consistent with
16sound business practice.

17(c) The council shall provide for an investment program
18subject to restrictions contained in this act and in any other
19applicable statute and any rules and regulations adopted by the
20council.

21(d) Authorized types of investments for city funds shall be
22any of the following:

23(1) United States Treasury bills.

24(2) Short-term obligations of the United States Government
25or its agencies or instrumentalities.

26(3) Deposits in savings accounts or time deposits, other
27than certificates of deposit, or share accounts of institutions
28insured by the Federal Deposit Insurance Corporation [or the
29Federal Savings and Loan Insurance Corporation] or the National
30Credit Union Share Insurance Fund [or the Pennsylvania Deposit

1Insurance Corporation or the Pennsylvania Savings Association
2Insurance Corporation] to the extent that such accounts are so
3insured[,] and, for any amounts above the insured maximum,
4provided that approved collateral as provided by law therefore
5shall be pledged by the depository.

6(4) Obligations of the United States of America or any of
7its agencies or instrumentalities backed by the full faith and
8credit of the United States of America, the Commonwealth of
9Pennsylvania or any of its agencies or instrumentalities backed
10by the full faith and credit of the Commonwealth, or of any
11political subdivision of the Commonwealth of Pennsylvania or any
12of its agencies or instrumentalities backed by the full faith
13and credit of the political subdivision.

14(5) Shares of an investment company registered under the
15Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 
16et seq.), whose shares are registered under the Securities Act
17of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), provided that
18the only investments of that company are in the authorized
19investments for city funds listed in clauses (1) through (4).

20(6) Certificates of deposit purchased from institutions
21insured by the Federal Deposit Insurance Corporation [or the
22Federal Savings and Loan Insurance Corporation] or the National
23Credit Union Share Insurance Fund [or the Pennsylvania Deposit
24Insurance Corporation or the Pennsylvania Savings Association
25Insurance Corporation] to the extent that such accounts are so
26insured. However, for any amounts above the insured maximum,
27such certificates of deposit shall be collateralized by a pledge
28or assignment of assets of the institution, and such collateral
29may include loans (including interest in pools of loans) secured
30by first mortgage liens on real property. Certificates of

1deposit purchased from commercial banks shall be limited to an
2amount equal to twenty per centum of a bank's total capital and
3surplus. Certificates of deposit purchased from savings and loan
4associations or savings banks shall be limited to an amount
5equal to twenty per centum of an institution's assets minus
6liabilities.

7(7) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating
8to [fiduciaries] municipalities investments) shall be an
9authorized investment for any pension or retirement fund.

10(8) Repurchase agreements which are fully collateralized by
11obligations of the United States Government or its agencies or
12instrumentalities, which are free from other liens and backed by
13the full faith and credit of the United States or are rated in
14the highest category by a nationally recognized statistical
15rating organization.

16(9) Deposits in investment pools established by the State
17Treasurer or established by local governments pursuant to 53
18Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
19cooperation) and related statutes, provided that the investment
20pools are rated in the highest category by a nationally
21recognized statistical rating organization.

22(e) In making investments of city funds, the council shall
23have authority to do any of the following:

24(1) [To permit] Permit assets pledged as collateral under
25subsection (d)(3), to be pooled in accordance with the act of
26August 6, 1971 (P.L.281, No.72), relating to pledges of assets
27to secure deposits of public funds.

28(2) [To combine] Combine moneys from more than one fund
29under city control for the purchase of a single investment,
30provided that each of the funds combined for the purpose shall

1be accounted for separately in all respects and that the
2earnings from the investment are separately and individually
3computed and recorded, and credited to the accounts from which
4the investment was purchased.

5(3) [To join] Join with one or more other political
6subdivisions and municipal authorities in accordance with [the
7act of July 12, 1972 (P.L.762, No.180), referred to as the
8Intergovernmental Cooperation Law] 53 Pa.C.S. Ch. 23, Subch. A,
9in the purchase of a single investment, provided that the
10requirements of clause (2) on separate accounting of individual
11funds and separate computation, recording and crediting of the
12earnings therefrom are adhered to.

13Section 126. Sections 1805, 1806, 1807 and 1808 of the act
14are amended to read:

15Section 1805. Countersigning [Warrants;] Documents; Money 
16Available; Evidence Required.--(a) The [director of the 
17Department of Accounts and Finance] chief fiscal officer shall 
18countersign all [warrants upon the city treasury, the form 
19whereof shall be prescribed by council, and] documents, in the 
20form approved by council, authorizing payment from the city 
21treasury.

22(b) In countersigning documents authorizing payment from the 
23city treasury, the chief fiscal officer shall not [suffer] 
24permit any appropriation made by the council to be overdrawn[. 
25No warrant shall be countersigned] and shall not countersign 
26unless there is money in the treasury to pay the same.

27(c) Except in the case of [warrants for the payment of 
28moneys] documents authorizing payment to volunteer fire 
29companies, whenever a [warrant on the treasurer] document 
30authorizing payment from the city treasury shall be presented to 

1the [director of accounts and finance] chief fiscal officer to 
2be countersigned, the person presenting the same shall be[, by 
3the said director,] required to produce evidence of each of the 
4following:

5(1) [That the] The amount expressed in the [warrant]
6document authorizing payment is due [to] the person in whose
7favor it is drawn.

8(2) [That the] The supplies, services or other consideration
9for payment of which the [warrant] document authorizing payment
10is drawn have been furnished, performed or given according to
11law and the terms of the contract, if any.

12Section 1806. Record of Assets, Property, Trusts, Debts Due, 
13Receipts and Expenditures.--The [director of accounts and 
14finance] chief fiscal officer or other official or employe of 
15the city designated by council shall have charge and keep a 
16record of accounts, under appropriate titles, to show separately 
17and distinctly all of the assets and property whatsoever vested 
18in the city, and all trusts in care of the same, debts owing by 
19the city, and all of the receipts and expenditures of the 
20various departments.

21Section 1807. Supervision of Accounts of Departments.--The 
22[director of accounts and finance] chief fiscal officer shall 
23have the supervision and control of the accounts of all of the 
24departments, and may require from them at any time a statement 
25in writing of all money or property of the city in their hands.

26Section 1808. Suggestions [by Director] for Improvement of 
27City Finances.--The [director of accounts and finance] chief 
28fiscal officer may, from time to time, and shall, when the 
29council shall direct, suggest plans to the council for the 
30management and improvement of the city finances.

1Section 127. Sections 1809 and 1810 of the act, amended June
222, 2000 (P.L.321, No.33), are amended to read:

3Section 1809. Annual Budget; Presentation to Council; 
4Notice; Revision; Adoption.--[The director of accounts and 
5finance] (a) Each year, the chief fiscal officer shall, on 
6behalf of council, at the last stated meeting in November [in 
7each year] present to council for [first reading] introduction a 
8proposed budget ordinance for all funds showing the estimated 
9receipts, expenditures, and liabilities of every kind[,] for the 
10ensuing year, with the balance of unexpended appropriations[,] 
11and all other information of value as a basis for fixing the 
12levy and tax rate for the next fiscal year. Council shall[,] 
13upon [passing] introducing the [said] proposed budget ordinance 
14[on first reading,] fix a date for adoption thereof, which shall 
15be not later than the thirty-first day of December of [such] 
16that year.

17(b) The several departments of the city government shall,
18before the proposed budget ordinance is [presented] introduced,
19as [above] provided in subsection (a), furnish to the council an
20estimate of the probable receipts and expenditures and an 
21estimate of the amount required by each of [said] the
22departments for the public service during the ensuing fiscal
23year as a basis for making the annual appropriations thereto.

24(c) When the proposed budget ordinance is submitted to
25council and has [passed first reading] been introduced, the city
26clerk shall forthwith make the same available for public
27inspection at [his] the city clerk's office in the city hall[,]
28and shall thereupon publish a notice to that effect once in [at
29least one] a newspaper of general circulation in accordance with
30the provisions of section [one hundred nine of this act. Such]

1109. The notice shall state the date fixed by council for
2[adoption] enactment of the proposed budget ordinance, and
3[such] notice shall be published at least twenty days prior to
4the time fixed by council for [adoption] enactment of the
5proposed budget ordinance. The proposed budget ordinance shall
6be available for public inspection at the city clerk's office
7for at least ten days after the aforesaid newspaper notice
8[thereof] is published.

9(d) The council shall, after making such changes and
10modifications therein as appear proper, [adopt] enact the budget
11and any appropriation measures required to put it into effect
12upon the date fixed for [adoption] enactment thereof[: Provided,
13That said], provided, however, that the budget shall reflect as
14nearly as possible the estimated revenues and expenditures of
15the city for the year for which the budget is prepared. [That
16should] Should it appear upon any revision of the budget that
17the estimated expenditures in the [adopted] enacted budget would
18be increased more than ten per cent in the aggregate or more
19than twenty-five per cent in any individual item over the
20proposed budget, [such] the budget shall not be [adopted]
21enacted with any [such] of the increases therein unless the same
22be again made available for public inspection [and for protest
23of such increases] for a period of at least ten days after
24notice to that effect is published as hereinbefore provided.

25Section 1810. Amending Budget; Notice.--(a) During the
26month of January [next following any municipal election]
27following the expiration of a past fiscal year, in furthering 
28its fiduciary responsibility, the council of any city may amend
29the budget and the levy and tax rate to conform [with] to its
30amended budget ordinance. A period of ten days' public

1inspection at the office of the city clerk of the proposed
2amended budget ordinance, after notice by the city clerk to that
3effect is published [once] in a newspaper of general circulation 
4as provided in section [one hundred nine of this act] 109 shall
5intervene between council's [first reading] introduction of the
6proposed amended budget ordinance and the [adoption] enactment
7thereof. Any amended budget ordinance must be [adopted] enacted
8by council on or before the fifteenth day of February.

9[No such] (b) After introduction, no proposed amended budget
10ordinance shall [after first reading] be revised upward in
11excess of ten [percent] per centum in the aggregate thereof or
12as to an individual item in excess of twenty-five per [cent]
13centum of the amount of such individual item in the proposed
14amended budget ordinance.

15Section 128. Section 1811 of the act is amended to read:

16Section 1811. Appropriations; Tax Rate; Limitations.--(a)
17When all estimates for the receipts, liabilities, and
18expenditures for the ensuing year shall be made, council shall
19proceed to make the annual appropriations[,] and shall fix the
20tax rate at such figure as will, in combination with all other
21estimated receipts of the city, fully meet and cover the
22aggregate amount of such estimates of liabilities and
23expenditures for the ensuing year.

24(b) No appropriation, however, shall be made for any purpose
25until the interest accruing on the funded debt of the city and
26the principal of [such] that part of [said] the debt as may be
27coming due in that fiscal year, the salaries of officers, and
28the ordinary and necessary expenses of the city shall first be
29provided for, and no appropriation shall be made for any purpose
30in excess of the estimated receipts and revenues for the fiscal

1year for which such appropriations are made.

2Section 129. Section 1811.2 of the act, amended October 5,
31967 (P.L.327, No.143) and repealed in part July 12, 1972
4(P.L.781, No.185), is amended to read:

5Section 1811.2. Borrowing in Anticipation of Current
6Revenue.--[Cities] In accordance with 53 Pa.C.S. Pt. VII Subpt. 
7B (relating to indebtedness and borrowing), cities may borrow
8money in anticipation of current revenues to an amount not
9exceeding [such] the anticipated current revenues, which shall
10be pledged for the payment of [such] the loan or loans, and may
11issue notes or other [form] forms of obligation[, executed by
12the director of the Department of Accounts and Finance and
13attested by the mayor under the seal of the city, securing such
14loans. Such notes or other form of obligation shall mature and
15be payable during the current fiscal year in which such money is
16borrowed. No such borrowing shall constitute an increase of
17indebtedness within the meaning of Article nine, section eight
18of the Constitution of Pennsylvania, or of the "Municipal
19Borrowing Law" of June twenty-fifth, one thousand nine hundred
20forty-one (Pamphlet Laws 159), or of any of the provisions of
21this act, and shall not require the approval of the Department
22of Community Affairs. Such notes shall bear interest at a rate
23not exceeding six (6) per centum per annum, payable at maturity
24or in advance, and may be sold at either public or private sale
25for not less than par. If such loans are not repaid in whole or
26in part during the fiscal year in which they are made, they, or
27such amounts as remain unpaid, shall become an obligation upon
28the following year's budget and shall be included therein and
29paid not later than the thirty-first day of December of such
30following year. The incurring of such obligations shall receive

1the affirmative vote of not less than two-thirds of the members
2of the city council] in evidence of the debt.

3Section 130. Sections 1812 and 1813 of the act, amended June
422, 2000 (P.L.321, No.33), are amended to read:

5Section 1812. Annual Reports; Publication; Filing Report
6with Department of Community and Economic Development;
7Penalty.--(a) The [director of accounts and finance] chief 
8fiscal officer shall make a report, verified by oath or
9affirmation, to the council at a stated meeting in April in each
10year of the public accounts of the city and of the trusts in its
11care for the preceding fiscal year, exhibiting all of the
12expenditures thereof, respectively, and the sources from which
13the revenue and funds are derived and in what measures the same
14have been disbursed. Each account shall be accompanied by a
15statement in detail of the several appropriations made by
16council, the amount drawn and encumbered on each appropriation,
17and the unencumbered balance outstanding to the debit or credit
18of such appropriation at the close of the fiscal year.

19(b) [Such] The report, accompanied by a concise financial
20statement setting forth the balance in the treasury at the
21beginning of the fiscal year, all revenues received during the
22fiscal year, by major classifications, all expenditures made
23during the fiscal year, by major functions, and the current
24resources and liabilities of the city at the end of the fiscal
25year, the gross liability and the net debt of the city, the
26amount of the assessed valuation of the taxable property in the
27city, the assets of the city and the character and value
28thereof, the date of the last maturity of the respective forms
29of funded debt, and the assets in each sinking fund, shall be
30published [once in not more than two newspapers printed or

1circulated in such city, as required by section one hundred and
2nine of this act] in a newspaper of general circulation as 
3required by section 109 at least ten days prior to the April 
4meeting scheduled pursuant to subsection (a). Before [such] the
5report or statement is made or published, [the same] it shall be
6approved by the [controller] independent auditor, who may
7approve it subject to such exceptions as [he] the independent 
8auditor may have thereto[: Provided, Council]; provided, 
9however, that council may cause [such] the statement to be
10printed in pamphlet form in addition to the publications made as
11aforesaid.

12(c) The [director of accounts and finance] chief fiscal 
13officer shall also, annually, make report of the financial
14condition of the city in the form above provided to the
15Department of Community and Economic Development, within ninety
16days after the close of the fiscal year, signed and duly
17verified by the oath of the [director] chief fiscal officer and
18approved by the [city controller] independent auditor, as above
19provided. Any [director of accounts and finance] chief fiscal 
20officer appointed by the city refusing or wilfully neglecting to
21file such report shall, upon conviction thereof[,] in a summary
22proceeding brought [at the instance of] by the Department of
23Community and Economic Development, be sentenced to pay a fine
24of five dollars for each day's delay beyond [said] ninety days,
25and costs. All fines recovered shall be for the use of the
26Commonwealth.

27(d) The report to the Department of Community and Economic
28Development shall be presented in a form as provided for in
29section [one thousand eight hundred and thirteen of this act]
301813.

1Section 1813. Committee to Prepare Uniform Forms.--(a) The
2uniform financial report forms, specified in the foregoing
3sections of this act, shall be prepared by a committee
4consisting of four representatives of the Pennsylvania Municipal
5League [of Cities and Municipalities] and the Secretary of
6Community and Economic Development, or [his] the secretary's
7agent or designee who shall be a person trained in the field of
8municipal finance.

9[Such] (b) The representatives shall be appointed by the
10president of [said] the organization within sixty days after the
11effective date of this act. Such representatives shall be chosen
12from among finance officers of third class cities or other
13officers of such cities who have knowledge of their fiscal
14procedures[. As], and as far as possible, they shall be chosen
15to represent cities in the various population groups within the
16range of cities of the third class. The president of the
17Pennsylvania Municipal League [of Cities and Municipalities] and 
18other designated participants shall supply to the Secretary of
19Community and Economic Development the names and addresses of
20[such] the representatives immediately upon their appointment.
21[Said]

22(c) The representatives shall serve without compensation,
23but they shall be reimbursed by the Commonwealth for all
24necessary expenses incurred in attending meetings of the
25committee. The committee shall meet at the call of the Secretary
26of Community and Economic Development, or [his] the secretary's
27agent or designee, who shall serve as [chairman] chairperson of
28the committee.

29(d) It shall be the duty of the Secretary of Community and
30Economic Development, or [his] the secretary's agent or

1designee, to see to it that the forms required by this act are
2prepared in cooperation with [said] the committee. In the event
3that [said] the committee should for any reason fail to furnish
4such cooperation, the Secretary of Community and Economic
5Development, or [his] the secretary's agent or designee, shall
6complete the preparation of the forms. After their preparation, 
7[he] the Secretary of Community and Economic Development, or the 
8secretary's agent or designee, shall issue [said] the forms and
9distribute them annually, as needed, to the designated officers
10of each city of the third class.

11(e) No change or alteration in the forms prescribed shall be
12made by the Secretary of Community and Economic Development or 
13[his] the secretary's agent or designee, except by a majority
14approval of the committee, unless upon reasonable notice two or
15more representatives thereof fail to attend the committee
16meetings. In voting upon any change or alteration, each
17representative and the [chairman] chairperson of the committee
18shall have one vote.

19Section 131. Section 1814 of the act is amended to read:

20Section 1814. Annual Reports to Council on Insurance and
21Bonds.--The [director of accounts and finance] chief fiscal 
22officer shall prepare or cause to be prepared and submit to
23council [at the first stated meeting in October of each year],
24as council shall direct, a complete and itemized report of all
25policies of insurance contracted for by the city[,] for the
26information and consideration of council. The [director of
27accounts and finance] chief fiscal officer shall make a like
28report [at the same time each year], as council shall direct, of
29all bonds given for the protection of the city in whole or in
30part.

1Section 132. Article XIX heading of the act is reenacted to
2read:

3ARTICLE XIX

4CONTRACTS

5Section 133. Section 1901 of the act, amended or added
6September 17, 1959 (P.L.906, No.359), October 4, 1978 (P.L.1045,
7No.239), July 1, 1981 (P.L.196, No.59), April 3, 1992 (P.L.53,
8No.17) and November 3, 2011 (P.L.377, No.91), is amended to
9read:

10Section 1901. [Power to Make Contracts; Regulations
11Concerning Contracts.--(a) Each city may make contracts for
12carrying into execution the provisions of this act and the laws
13of the Commonwealth. The council shall, by ordinance, provide
14for and regulate the award of all contracts. All contracts or
15purchases not in excess of the base amount of eighteen thousand
16five hundred dollars, subject to adjustment under section one 
17thousand nine hundred and three point one of this act, shall be
18by note or memorandum in writing, signed by the officer or
19employe making the purchase or contract.

20(b) All services and personal properties required by any
21city, or any department thereof, where the base amount exceeds
22the sum of eighteen thousand five hundred dollars, subject to 
23adjustment under section one thousand nine hundred and three 
24point one of this act, shall be furnished and performed under
25written contract, and the contract shall be awarded and given to
26the lowest responsible bidder, after advertising two times, each
27publication on a different day, in not more than two newspapers,
28in accord with the provisions of section one hundred and nine of
29this act, and the bids shall not be opened until at least ten
30days have elapsed after the first advertisement. A notice of the

1advertisement for contracts or purchases shall also be posted at
2the city hall.

3(c) The amount of the contract shall in all cases, whether
4of straight sale price, conditional sale, bailment lease, or
5otherwise, be the entire amount which the city pays to the
6successful bidder or his assigns in order to obtain the services
7or property or both, and shall not be construed to mean only the
8amount which is paid to acquire title or to receive any other
9particular benefit or benefits of the whole bargain.

10(d) The contracts or purchases made by council involving an 
11expenditure in excess of the base amount of eighteen thousand 
12five hundred dollars, subject to adjustment under section one 
13thousand nine hundred and three point one of this act, which 
14shall not require advertising or bidding, as hereinbefore 
15provided are as follows:

16(1) Those for maintenance, repairs or replacements for
17water, electric light or other public works of the city,
18provided they do not constitute new additions, extensions or
19enlargements of existing facilities and equipment, but a bond
20may be required by council as in other cases of work done.

21(2) Those made for improvements, repairs and maintenance of
22any kind made or provided by any city through its own employes:
23Provided, however, That this shall not apply to construction
24materials used in a street improvement.

25(3) Those where particular types, models or pieces of new
26equipment, articles, apparatus, appliances, vehicles, or parts
27thereof, are desired by council, which are patented and
28manufactured or copyrighted products.

29(4) Those involving any policies of insurance or surety
30company bonds; those made for public utility service under

1tariffs on file with the Pennsylvania Public Utility Commission;
2those made with another political subdivision or a county, the
3Commonwealth of Pennsylvania, the Federal government, any agency
4of the Commonwealth or the Federal government, or any municipal
5authority, including the sale, leasing or loan of any supplies
6or materials by the Commonwealth or the Federal government, or
7their agencies, but the price thereof shall not be in excess of
8that fixed by the Commonwealth, the Federal government, or their
9agencies.

10(5) Those involving personal or professional services.

11(6) Those made during a state of emergency declared by the
12mayor or chief executive in accord with section one thousand two
13hundred and three of this act.

14(e) The acceptance of bids by advertising required herein
15shall be made by public announcement at the meeting at which
16bids are received by council or at a subsequent meeting, the
17time and place of which shall be publicly announced when bids
18are so received. If, for any reason, the award is not made at
19either of the above meetings, the same business may be
20transacted at a subsequent meeting, the time and place of which
21shall be announced at the previous meeting held for such award.
22At such third meeting, the council shall either award the
23contract or shall reject all bids.

24(f) Council may require that any bids so advertised be
25accompanied by cash, by a certified or cashier's good faith
26check or other irrevocable letter of credit in a reasonable
27amount, or by a bond with corporate surety in a reasonable
28amount. Whenever it is required that a bid be accompanied by
29cash, certified check, cashier's good faith check or other
30irrevocable letter of credit, no bid shall be considered unless

1so accompanied. In the event any bidder shall, upon award of the
2contract to him, fail to comply with the requirements
3hereinafter stated as to a bond guaranteeing the performance of
4the contract the good faith deposit by cash, certified check, or
5bond, shall be forfeited to the city as liquidated damages.

6(g) Where advertising is required herein, the successful
7bidder shall be required to furnish a bond or irrevocable letter
8of credit in an amount sufficient to council with suitable
9reasonable requirements guaranteeing the performance of the
10contract within twenty days after the contract has been awarded,
11unless council prescribes a shorter period of not less than ten
12days, and failure to furnish such security within such time
13shall void the award. The provisions of this subsection
14requiring successful bidders to furnish security shall not be
15mandatory as to contracts for the purchase of motor vehicles or
16other pieces of equipment but only as to those contracts which
17involve furnishing of labor and materials. Council may in all
18cases of contracts or purchases require security for
19performance, delivery, or other terms.

20(h) Where the roadway of a street is to be paved originally
21and for the first time, or reconstructed by putting down a new
22base, or a sewer is to be constructed, or grading done, such
23work shall be done under written contract, after advertising as
24provided in section one hundred and nine of this act, and such
25contract shall be given to the lowest responsible bidder.

26(i) The council may, by ordinance, provide for and regulate
27the purchase of supplies and materials and the sale of personal
28property.

29(j) The council may also, by ordinance, provide a contingent
30fund or funds for necessary repairs and incidental expenses, not

1otherwise provided in the general appropriations, and such funds
2may be expended without advertising for bids.

3(k) Every contract for the construction, reconstruction,
4alteration, repair, improvement or maintenance of public works
5shall comply with the provisions of the act of March 3, 1978,
6(P.L.6, No.3), known as the "Steel Products Procurement Act."

7(l) No person, consultant, firm or corporation contracting
8with a city for purposes of rendering personal or professional
9services to the city shall share with any city officer or
10employe, and no city officer or employe shall accept, any
11portion of the compensation or fees paid by the city for the
12contracted services provided to the city except under the
13following terms or conditions:

14(1) Full disclosure of all relevant information regarding
15the sharing of the compensation or fees shall be made to the
16council of the city.

17(2) The council of the city must approve the sharing of any
18fee or compensation for personal or professional services prior
19to the performance of said services.

20(3) No fee or compensation for personal or professional
21services may be shared except for work actually performed.

22(4) No shared fee or compensation for personal or
23professional services may be paid at a rate in excess of that
24commensurate for similar personal or professional services.] 
25Power to Make and Regulate Awarding of Contracts.--(a) Each 
26city may make contracts for carrying into execution the 
27provisions of this act and the laws of this Commonwealth. In 
28addition to and consistent with the requirements of this 
29article, council shall, by ordinance, provide for and regulate 
30the procedures for the award of all contracts, including the 

1purchase of supplies and materials.

2(b) Contracts for the sale of real and personal property
3shall be conducted in conformance with section 2402.1.

4Section 134. The act is amended by adding sections to read:

5Section 1901.1. Contracts or Purchases in Excess of Base
6Amount of Eighteen Thousand Five Hundred Dollars.--(a) Except
7as provided in section 1901.4(b), all contracts or purchases in
8excess of the base amount of eighteen thousand five hundred
9dollars, subject to adjustment under section 1903.1, shall be
10subject to advertising and competitive bidding as provided in
11this article.

12(b) All services and personal properties required by any
13city, or any department thereof, where the amount exceeds the
14base amount of eighteen thousand five hundred dollars, subject
15to adjustment under section 1903.1, shall be furnished and
16performed under written contract, and the contract shall be
17awarded and given to the lowest responsible bidder after
18advertising two times, each publication on a different day, in 
19not more than two newspapers of general circulation, in
20accordance with the provisions of section 109, and the bids
21shall not be opened until at least ten days have elapsed after
22the advertisement. A copy of the advertisement for contracts or
23purchases shall be posted in the city office designated by
24council.

25Section 1901.2. Contracts or Purchases Not in Excess of Base
26Amount of Eighteen Thousand Five Hundred Dollars.--With regard
27to all contracts or purchases not in excess of the base amount 
28of eighteen thousand five hundred dollars, subject to adjustment 
29under section 1903.1, the following shall apply:

30(1) The purchases or contracts shall be evidenced by note or

1memorandum in writing, signed by the officer or employe making
2the purchase or contract.

3(2) Council, or the officer designated by council, shall
4approve all purchases or contracts, except council need not
5approve those purchases or contracts within the category of
6small or routine purchases or incidental expenses, as defined by
7ordinance.

8Section 1901.3. Determining Amount of Contract.--The amount 
9of the contract shall in all cases, whether of straight sale 
10price, conditional sale, bailment lease or otherwise, be the 
11entire amount which the city pays to the successful bidder or 
12the successful bidder's assigns in order to obtain the services 
13or property, or both, and shall not be construed to mean only 
14the amount which is paid to acquire title or to receive any 
15other particular benefit or benefits of the whole bargain.

16Section 1901.4. Contracts or Purchases Not Requiring
17Advertising or Bidding.--(a) City contracts or purchases, if
18not in excess of the base amount of eighteen thousand five 
19hundred dollars, subject to adjustment under section 1903.1,
20shall not require advertising or bidding.

21(b) City contracts or purchases involving an expenditure of
22over the base amount of eighteen thousand five hundred dollars, 
23subject to adjustment under section 1903.1, which shall not
24require advertising or bidding are as follows:

25(1) Those for maintenance, repairs or replacements for
26water, electric light or other public works of the city,
27provided they do not constitute new additions, extensions or
28enlargements of existing facilities and equipment, but security
29may be required by council as in other cases of work done.

30(2) Those made for improvements, repairs and maintenance of

1any kind made or provided by any city through its own employes,
2except that this exception shall not apply to construction
3materials used in a street improvement.

4(3) Those where particular types, models or pieces of new
5equipment, articles, apparatus, appliances, vehicles or parts
6thereof desired by council are patented or copyrighted products.

7(4) Those involving any policies of insurance or surety
8company bonds.

9(5) Those made for public utility service and electricity,
10natural gas or telecommunication services, provided that, in the
11case of utilities not under tariff with the Pennsylvania Public
12Utility Commission, contracts made without advertising and
13bidding shall be made only after receiving written or telephonic
14price quotations from at least three qualified and responsible
15providers. In lieu of price quotations, a memorandum shall be
16kept on file showing that fewer than three qualified providers
17exist in the market area within which it is practicable to
18obtain quotations. A written record of telephonic price
19quotations shall be made and shall contain at least the date of
20the quotation, the name of the provider and the provider's
21representative, the type of service that was the subject of the
22quotation and the price. Written price quotations, written
23records of telephonic price quotations and memoranda shall be
24retained for a period of three years.

25(6) Those made with another political subdivision or a
26county, the Commonwealth of Pennsylvania, the Federal
27Government, any agency of the Commonwealth or the Federal
28Government or any municipal authority, including the sale,
29leasing or loan of any supplies or materials by the Commonwealth
30or the Federal Government, or their agencies, but the price

1thereof shall not be in excess of that fixed by the
2Commonwealth, the Federal Government or their agencies.

3(7) Those involving personal or professional services.

4(8) Those made during a state of emergency declared by the
5mayor in accordance with section 1203 or those made during a
6disaster emergency declared by the Governor or during a local
7emergency in accordance with 35 Pa.C.S. Pt. V (relating to
8emergency management services).

9Section 1901.5. Receipt, Opening, Award or Rejection of
10Bids.--(a) In any case in which advertisement and bidding are
11required, the advertisement shall specify the time by which and
12place at which bids will be received and the time and place for
13the opening of bids.

14(b) Bids received pursuant to advertisement shall be opened
15publicly by council or its designated agent. The amount of each
16bid and any other relevant information as may be specified by
17council, together with the name of each bidder, shall be
18disclosed and recorded; and the record shall be open to public
19inspection.

20(c) At a public meeting of council, not more than sixty days
21after the receipt of bids, council shall either award the
22contract or shall reject all bids.

23Section 1901.6. Bid, Performance and Payment Security.--(a)
24The following shall apply to bid security:

25(1) Council may require that bids received pursuant to
26advertisement be accompanied by bid security, in a reasonable
27amount, which shall be in the form of a certified or bank check
28or a bond provided by a surety company authorized to do business
29in this Commonwealth or another form of security as specified in
30the advertisement for bids.

1(2) In the event the successful bidder shall, upon award of
2the contract, fail to comply with the requirements of subsection
3(b) as to performance security, the bid security shall be
4forfeited to the city as liquidated damages.

5(b) The following shall apply to performance security:

6(1) In the case of a contract that had been subject to
7advertising and bidding, the successful bidder shall be required
8to furnish performance security in the form of a bond or
9irrevocable letter of credit in an amount equal to one hundred
10per centum of the contract price with suitable reasonable
11requirements guaranteeing the performance of the contract.
12Performance security shall be provided within twenty days after
13the contract has been awarded, unless council prescribes a
14shorter period of not less than ten days. Failure to furnish
15such security within the required time period shall void the
16award.

17(2) The provisions of this subsection requiring successful
18bidders to furnish security shall not be mandatory as to
19contracts for the purchase of motor vehicles or other pieces of
20equipment but only as to those contracts which involve
21furnishing of labor and materials. Council may in all cases of
22contracts or purchases require security for performance,
23delivery or other terms.

24(c) In conformity with the act of December 20, 1967
25(P.L.869, No.385), known as the "Public Works Contractors' Bond
26Law of 1967," it shall be the duty of every city to require any
27person, partnership, association or corporation entering into a
28contract with such city for the construction, erection,
29installation, completion, alteration, repair of or addition to
30any public work or improvement of any kind whatsoever, where the

1amount of the contract is in excess of ten thousand dollars,
2before commencing work under the contract, to provide payment
3security in a form acceptable to and approved by the city, which
4may include, but need not be limited to, a bond, Federal or
5Commonwealth-chartered lending institution irrevocable letters
6of credit and restrictive or escrow accounts in the lending
7institutions, equal to one hundred per centum of the contract
8amount. The payment security shall be solely for the protection
9of claimants supplying labor or materials to the prime
10contractor to whom the contract was awarded, or to any of the
11prime contractor's subcontractors, in the prosecution of the
12work provided for in the contract. The payment security shall be
13conditioned for the prompt payment of all material furnished or
14labor supplied or performed in the prosecution of the work under
15the contract.

16Section 1901.7. Compliance With Other Laws.--Every contract
17subject to this article shall comply, as applicable, with the
18provisions of the act of August 15, 1961 (P.L.987, No.442),
19known as the "Pennsylvania Prevailing Wage Act," the act of
20December 20, 1967 (P.L.869, No.385), known as the "Public Works
21Contractors' Bond Law of 1967," the act of January 23, 1974
22(P.L.9, No.4), referred to as the Public Contract Bid Withdrawal
23Law, the act of March 3, 1978 (P.L.6, No.3), known as the "Steel
24Products Procurement Act," the act of February 17, 1994 (P.L.73,
25No.7), known as the "Contractor and Subcontractor Payment Act,"
2662 Pa.C.S. Chs. 37 Subch. B (relating to motor vehicles), 39
27(relating to contracts for public works) and 45 (relating to
28antibid-rigging).

29Section 1901.8. Prohibitions.--No person, consultant, firm
30or corporation contracting with a city for purposes of rendering

1personal or professional services to the city shall share with
2any city officer or employe, and no city officer or employe
3shall accept, any portion of the compensation or fees paid by
4the city for the contracted services provided to the city.

5Section 1901.9. Lowest Responsible Bidder.--For purposes of
6this article, the lowest responsible bidder need not be the
7bidder submitting the lowest dollar amount bid. The city may
8also consider the quality of goods or services supplied, ease of
9repair, compatibility with other city equipment or services,
10responsiveness, past performance of the bidder and any other
11reasonable factors specified in the advertisement for bids.

12Section 135. Section 1902 of the act, amended November 3, 
132011 (P.L.377, No.91), is amended to read:

14Section 1902. Evasion of Advertising Requirements.--No
15[member or members of council] elected or appointed official or 
16officials of any city shall evade the provisions of [the
17preceding section as to] this article requiring advertising for
18bids by purchasing or contracting for services and personal
19properties piecemeal for the purpose of obtaining prices under
20the base amount of eighteen thousand five hundred dollars, 
21subject to adjustment under section [one thousand nine hundred 
22and three point one of this act] 1903.1, upon transactions which
23should, in the exercise of reasonable discretion and prudence,
24be conducted as one transaction amounting to more than the base 
25amount of eighteen thousand five hundred dollars, subject to 
26adjustment under section [one thousand nine hundred and three 
27point one of this act] 1903.1. This provision is intended to
28make unlawful the practice of evading advertising requirements
29by making a series of purchases or contracts, each for less than
30the advertising requirement price, or by making several

1simultaneous purchases or contracts, each below said price,
2when, in either case, the transactions involved should have been
3made as one transaction for one price. Any [members of council
4who so vote] elected or appointed official who acts in violation
5of this provision [and who know], knowing that the transaction
6upon which [they so vote] the elected or appointed official acts
7is or ought to be a part of a larger transaction and that it is
8being divided in order to evade the requirements as to
9advertising for bids, shall be jointly and severally subject to
10surcharge for ten per centum of the full amount of the contract
11or purchase. Wherever it shall appear that [a member of council
12may have voted] an elected or appointed official may have acted
13in violation of this section but the purchase or contract on
14which [he so voted was not approved by council] the elected or 
15appointed official acted was not executed, this section shall be
16inapplicable.

17Section 136. Section 1903.1 of the act, added November 3,
182011 (P.L.377, No.91), is reenacted and amended to read:

19Section 1903.1. Adjustments to Base Amount Based on Consumer
20Price Index for All Urban Consumers.--

21(a) Adjustments to the base amounts specified under sections
22[1901] 1901.1, 1902 and 1909 shall be made as follows:

23(1) The Department of Labor and Industry shall determine the
24percentage change in the Consumer Price Index for All Urban
25Consumers: All Items (CPI-U) for the United States City Average
26as published by the United States Department of Labor, Bureau of
27Labor Statistics, for the twelve-month period ending September
2830, 2012, and for each successive twelve-month period
29thereafter.

30(2) If the department determines that there is no positive

1percentage change, then no adjustment to the base amounts shall
2occur for the relevant time period provided for in this section.

3(3) (i) If the department determines that there is a
4positive percentage change in the first year that the
5determination is made under paragraph (1), the positive
6percentage change shall be multiplied by each base amount, and
7the products shall be added to the base amounts, respectively,
8and the sums shall be preliminary adjusted amounts.

9(ii) The preliminary adjusted amounts shall be rounded to
10the nearest one hundred dollars ($100) to determine the final
11adjusted base amounts for purposes of sections [1901] 1901.1 and
121902.

13(4) In each successive year in which there is a positive
14percentage change in the CPI-U for the United States City
15Average, the positive percentage change shall be multiplied by
16the most recent preliminary adjusted amounts, and the products
17shall be added to the preliminary adjusted amount of the prior
18year to calculate the preliminary adjusted amounts for the
19current year. The sums thereof shall be rounded to the nearest
20one hundred dollars ($100) to determine the new final adjusted
21base amounts for purposes of sections [1901] 1901.1 and 1902.

22(5) The determinations and adjustments required under this
23section shall be made in the period between October 1 and
24November 15 of the year following the effective date of this
25subsection and annually between October 1 and November 15 of
26each year thereafter.

27(6) The final adjusted base amounts and new final adjusted
28base amounts obtained under paragraphs (3) and (4) shall become
29effective January 1 for the calendar year following the year in
30which the determination required under paragraph (1) is made.

1(7) The department shall publish notice in the Pennsylvania
2Bulletin prior to January 1 of each calendar year of the annual
3percentage change determined under paragraph (1) and the
4unadjusted or final adjusted base amounts determined under
5paragraphs (3) and (4) at which competitive bidding is required
6under section [1901] 1901.1 and advertising is required under
7section 1902 or separate bids are required under section 1909
8for the calendar year beginning the first day of January after
9publication of the notice. The notice shall include a written
10and illustrative explanation of the calculations performed by
11the department in establishing the unadjusted or final adjusted
12base amounts under this section for the ensuing calendar year.

13(8) The annual increase in the preliminary adjusted base
14amounts obtained under paragraphs (3) and (4) shall not exceed
15three percent.

16Sections 137. Sections 1904 and 1905 of the act are
17repealed:

18[Section 1904. Reference of Expenditures for Approval by
19Council.--Any expenditures or transactions, exclusive of
20compensation paid to city employes, in any department, office or
21bureau of the city, which may reasonably seem likely to exceed
22the sum of five hundred dollars over a period of sixty days,
23shall not be undertaken or proceeded upon except after reference
24thereof to council and approval by council by ordinance or
25resolution. Council may approve, revise, or refuse to approve
26any such referred expenditure or transaction. No official, agent
27or employe of the city shall knowingly violate the provisions of
28this section, and any person so violating shall forfeit and pay
29to the use of the city a penalty of one hundred dollars for each
30offense.

1Section 1905. Personal Interest in Contracts.--In any case
2where a city officer or official elected or appointed knows or
3by the exercise of reasonable diligence could know that he is
4interested to any appreciable degree, either directly or
5indirectly, in any contract for the sale or furnishing of any
6personal property for the use of the city, or for any services
7to be rendered for such city, involving the expenditure by the
8city of more than three hundred dollars in any year, he shall
9notify council thereof; and any such contract shall not be
10passed and approved by council except by an affirmative vote of
11at least four members thereof. In case the interested officer is
12a member of council, he shall refrain from voting upon said
13contract. The provisions of this section shall not apply to
14cases where such officer or official is an employe of the
15person, firm or corporation to which money is to be paid in a
16capacity with no possible influence on the transaction and in
17which he cannot possibly be benefited thereby, either
18financially or in any other material manner. Any officer or
19official who shall knowingly violate the provisions of this
20section shall be liable to the city upon his bond, if any, or
21personally, to the extent of the damage shown to be sustained
22thereby by the city, to ouster from office, and shall be guilty
23of a misdemeanor; and upon conviction thereof, shall be
24sentenced to pay a fine not exceeding five hundred dollars, or
25imprisonment not exceeding one year, or both.]

26Section 138. Section 1906 of the act, amended August 21,
271953 (P.L.1292, No.364), is amended to read:

28Section 1906. Designation of Appropriations; Certification
29in Excess of Appropriation; Contracts for Governmental Services
30for More than One Year.--[Every contract involving an

1appropriation of money shall designate the item of appropriation
2on which it is founded, and the estimated amount of the
3expenditure thereunder shall be charged against such item, and
4so certified by the director of accounts and finance on the
5contract before it shall take effect as a contract. The payments
6required by such contract shall be made from the fund
7appropriated therefor. In any case where the lowest responsible
8bid is in excess of the item of appropriation on which the
9contract is to be founded, the item of appropriation may be
10increased by council in the amount necessary to cover the bid,
11and the contract may be awarded and certified without any
12additional advertising. If the director of accounts and finance
13shall certify any contract in excess of the appropriation made
14therefor, the city shall not be liable for such excess, but the
15director of accounts and finance shall be liable for the same,
16which may be recovered in an action at law by the contracting
17party aggrieved. But nothing] With regard to any contract, 
18council may direct the city administrator, chief fiscal officer, 
19or other designated official or employe to furnish information 
20concerning the availability of appropriated funds to satisfy 
21required payments under the contract. Nothing herein contained
22shall prevent the making of contracts for governmental services
23for a period exceeding one year, but any contract so made shall
24be executory only for the amounts agreed to be paid for such
25services to be rendered in succeeding fiscal years.

26[It shall be the duty of the director of accounts and finance 
27to certify contracts for the payment of which sufficient 
28appropriations have been made.]

29Section 139. Section 1907 of the act, amended April 3, 1992
30(P.L.53, No.17), is repealed:

1[Section 1907. Security for the Protection of Labor and
2Materialmen.--It shall be the duty of every city to require any
3person, copartnership, association, or corporation, entering
4into a contract with such city for the construction, erection,
5installation, completion, alteration, repair of, or addition to,
6any public work or improvement of any kind whatsoever, where the
7amount of such contract is in excess of one thousand five
8hundred dollars, before commencing work under such contract, to
9execute and deliver to such city, in addition to any other
10security which may now or hereafter be required by law to be
11given in connection with such contract, an additional bond or
12irrevocable letter of credit for the use of any and every
13person, copartnership, association, or corporation interested,
14in a sum not less than fifty per centum and not more than one
15hundred per centum of the contract price, as such city may
16prescribe, conditioned for the prompt payment of all material
17furnished and labor supplied or performed in the prosecution of
18the work, whether or not the said material or labor enter into
19and become component parts of the work or improvement
20contemplated. Such additional security shall be deposited with
21and held by the city for the use of any party interested
22therein. Every such additional security shall provide that every
23person, copartnership, association, or corporation who, whether
24as subcontractor or otherwise, has furnished material or
25supplied or performed labor in the prosecution of the work as
26above provided, and who has not been paid therefor, may sue in
27assumpsit on said additional security, in the name of the city,
28for his, their, or its use and prosecute the same to final
29judgment for such sum or sums as may be justly due him, them, or
30it, and have execution thereof: Provided, however, That the city

1shall not be liable for the payment of any costs or expense of
2any suit. The surety or sureties on a bond under this section
3must be authorized to do business in this Commonwealth.]

4Section 140. Section 1908 of the act is repealed:

5[Section 1908. Purchasing Department.--Each city may, by
6ordinance, provide for the establishment of a purchasing
7department, which shall have supervision over the purchase and
8distribution of all supplies purchased. The said department
9shall be attached to the department of accounts and finance or
10such other department as council may determine, and shall be
11operated in accordance with rules and regulations to be adopted
12by council, the rules to include the manner in which quotations
13shall be secured on the supplies purchased. The said department
14shall assist council at all times in eliminating waste and
15extravagance in the purchase and distribution of the supplies of
16the city.]

17Section 141. Section 1908.1 of the act, added December 10,
181974 (P.L.815, No.270), is amended to read:

19Section 1908.1. Purchase Contracts for Petroleum Products;
20Fire Company, Etc., Participation.--The council of each city
21shall have power to permit, subject to [such] any terms and
22conditions as [it] the city may impose, [and as hereinafter
23specifically provided, shall, prescribe] any fire company,
24rescue company and ambulance company in the city to participate
25in purchase contracts for petroleum products entered into by the
26city. [Any such company desiring to participate in such purchase
27contracts shall file] Fire company, rescue company and ambulance 
28company participation in purchase contracts for petroleum 
29products shall be subject to the condition that all prices shall 
30be F.O.B. destination. If permitted by council, a fire company, 

1rescue company or ambulance company may participate in 
2designated petroleum product contracts entered into by the city, 
3subject to the fire company, rescue company or ambulance 
4company:

5(1) Having filed with the city clerk a request that it be
6authorized to participate in contracts for the purchase of
7petroleum products of the city [and agreeing].

8(2) Having agreed that it will be bound by [such] any terms
9and conditions [as] imposed by the city [may, and as hereinafter
10specifically provided, shall, prescribe and].

11(3) Having agreed that it will be responsible for payment
12directly to the vendor under each purchase contract. [Among such
13terms and conditions, the city shall prescribe that all prices
14shall be F.O.B. destination.]

15Section 142. Section 1909 of the act, amended November 3, 
162011 (P.L.377, No.91), is amended to read:

17Section 1909. Separate Bids for Plumbing, Heating,
18Ventilating and Electrical Work, Elevators and [Moving Stairs]
19Escalators.--In the preparation of specifications for the
20erection, construction, and alteration of any public building,
21when the entire cost of such work shall exceed the base amount 
22of eighteen thousand five hundred dollars, subject to adjustment 
23under section [one thousand nine hundred and three point one of 
24this act] 1903.1, the architect, engineer, or other person
25preparing such specifications[,] shall prepare only the
26following separate specifications[;]: (1) plumbing, (2) heating,
27(3) ventilating, (4) electrical work, (5) elevators and [moving
28stairs] escalators, and (6) one complete set of specifications
29for all the other work to be done in such erection, construction
30and alteration. The project manager, construction manager or 

1other person or persons authorized by council to enter into
2contracts for the erection, construction, or alteration of such
3public buildings shall receive separate bids upon each of the
4[said] branches of work, and the city council or the appropriate 
5city officer shall award the contract for the same to the lowest
6responsible bidder for each of [said] the branches, including
7the balance of the work, in addition to the plumbing, heating,
8ventilating and electrical work and elevators and [moving
9stairs] escalators. Where it is desired to install an air
10conditioning unit, the heating and ventilating so involved may
11be regarded as one branch of work having only one set of
12specifications, and bids may be received and a contract awarded
13thereon as hereinbefore provided.

14Section 143. Sections 1910, 1911 and 1912 of the act are 
15amended to read:

16Section 1910. Acceptance by Contractor of [Workmen's]
17Workers' Compensation Act.--[All contracts executed by any city,
18or any officer or bureau or board thereof, which involve the
19construction or doing of any work involving the employment of
20labor, shall contain a provision that the contractor shall
21accept, in so far as the work covered by any such contract is
22concerned, the provisions of the Workmen's Compensation Act and
23any reenactments, supplements or amendments thereto, and that
24the said contractor will insure his liability thereunder, or
25file with the city with whom the contract is made a certificate
26of exemption from insurance from the Department of Labor and
27Industry of this Commonwealth.

28Every officer of any city, or bureau or department thereof,
29who shall sign, on behalf of the said city, any contract
30requiring in its performance the employment of labor, shall

1require, before the said contract shall be signed, proof that
2the said contractor with whom the contract is made shall have
3accepted the Workmen's Compensation Act and any reenactments,
4supplements or amendments thereto, and proof that the said
5contractor has insured his liability thereunder in accordance
6with the terms of the said act, or that the said contractor has
7had issued to him a certificate of exemption from insurance from
8the Department of Labor and Industry of this Commonwealth.

9Any contract executed in violation of the provisions of this
10section shall be null and void.]

11(a) All contracts executed by any city which involve the
12construction or performance of any work involving the employment
13of labor shall contain a provision that the contractor shall
14accept, and file with the city proof of compliance with or
15exemption from, insofar as the work covered by the contract is
16concerned, the act of June 2, 1915 (P.L.736, No.338), known as
17the "Workers' Compensation Act."

18(b) A certificate of exemption from issuance may be issued
19on the basis of either individual self-insurance or group self-
20insurance.

21(c) A contractor shall file with the city any proof that the
22Department of Labor and Industry, with respect to certain
23employes, has accepted the application to be excepted from the
24provisions of the "Workers' Compensation Act" on religious
25grounds.

26(d) Any contract executed in violation of this section is
27void.

28Section 1911. Contracts for Improvements; Assignment of 
29Assessments.--Where the whole or any part of the cost of an 
30improvement is to be paid by assessments upon the property 

1abutting or benefited, the city may enter into an agreement with 
2the contractor [that he], pursuant to which the contractor shall 
3take an assignment of [such] the assessments in payment of the 
4amount due [him] under the terms of [his] the contract, and, in 
5such case, the city shall not be otherwise liable under such 
6contract[, whether said assessments are collectible or not].

7Section 1912. Architects and Engineers in Employ of City; 
8Prohibitions from Bidding on Public Works; Penalty.--(a) It 
9shall be unlawful for any architect or engineer[,] in the employ 
10of any city[,] to bid on any public work of the city.

11(b) It shall be unlawful for the officers of any city,
12charged with the duty of letting any public work, to award a
13contract to any [such] architect or engineer[,] in the employ of
14the city.

15(c) Any person or persons violating these provisions, or any
16of them, [shall be guilty of] commits a misdemeanor[,] and[, on]
17shall, upon conviction [thereof, shall forfeit his], be subject 
18to forfeiting office, in accordance with section 901, and [be]
19sentenced to pay a fine not exceeding five hundred dollars, or
20to undergo imprisonment for not less than six months, or both,
21in the discretion of the court. Any contract made in violation
22of the provisions of this section shall be null and void.

23(d) The provisions of this section shall be in addition to
24any prohibition in 65 Pa.C.S. Ch. 11 (relating to ethics
25standards and financial disclosure).

26Section 144. Sections 1913, 1914 and 1915 of the act are
27repealed:

28[Section 1913. Contracts With Transportation Companies.--
29Subject to the provisions of the Public Utility Law, any city, 
30of the one part, and any person operating a public 

1transportation service within the limits of such city, of the 
2other part, may enter into contracts with each other affecting, 
3fixing, and regulating the franchises, powers, duties, and 
4liabilities of such companies, and the regulations and 
5respective rights of the contracting parties. Such contracts 
6may, inter alia, provide for payments by the companies to the 
7city in lieu of the performance of certain duties or the payment 
8of license fees or charges imposed in favor of such city, by the 
9charters of the respective companies, or by any general law or 
10ordinance, for the appointment by the city of a certain number 
11of persons to act as directors of such company, in conjunction 
12with the directors elected by the stockholders of such company, 
13and, further, may provide for the ultimate acquisition by the 
14city, upon terms mutually satisfactory, of the leaseholds, 
15property, and franchises of the contracting companies.

16Section 1914. Contracts for Relocation of Railroads.--
17Subject to the provisions of the Public Utility Law, any city
18may enter into contracts with any of the railroad companies,
19whose roads enter its limits, whereby the said railroad
20companies may relocate, change or elevate their railroads within
21said limits, in such manner as, in the judgment of the proper
22authorities of such city, may be best adapted to secure the
23safety of lives and property, and promote the interest of said
24city; and, for that purpose, may do all such acts as may be
25necessary and proper to effectually carry out such contracts.
26Any such contracts, made by any railroad company or companies as
27aforesaid with any city, are hereby fully ratified and
28confirmed. Nothing herein contained shall affect any contract
29made, or hereafter to be made, with any railroad company, from
30apportioning the expenses of altering and adjusting the grades

1of existing railroads and intersecting streets in any city so as
2to dispense with grade crossings.

3Section 1915. Contracts with Street Railways for Exclusive 
4Right to Lay Tracks.--In case any city shall deem it necessary 
5for the public benefit and convenience to secure the removal of 
6any street railway tracks already laid, or prevent the laying of 
7such tracks already authorized to be laid, or to change the 
8route of any street railway on any street or streets, or portion 
9of a street or streets, within its corporate limits, and such 
10purpose or purposes can be accomplished by agreement with the 
11street railway company or motor power company owning, leasing or 
12operating such tracks, the said parties may, subject to the 
13provisions of the Public Utility Law, enter into a contract, for 
14a period not exceeding fifty years, for such considerations and 
15upon such terms and conditions, and containing such 
16stipulations, reservations and covenants as may be agreed upon 
17between the respective parties thereto; and such contract may 
18include a covenant providing that, during the continuance 
19thereof, municipal consent shall not be granted to any other 
20company to use or occupy the street, streets, or portions of a 
21street or streets, covered by such contract, for street railway 
22or passenger transportation purposes; which covenants shall be 
23enforceable by bill in equity against such city, in case of 
24attempted breach thereof; and such contract may also provide for 
25the laying or relaying of such tracks upon such terms and under 
26such contingencies and conditions as may be agreed upon. When 
27such contract shall have been made, it shall form a part of the 
28charter of the company, with like force and effect as to all its 
29terms, conditions, stipulations, restrictions, covenants, and 
30provisions as to change of routes as if the same formed a part 

1of the original charter of such company; and no removal of 
2tracks already laid, or postponement of or delay in the time of 
3beginning or completing the work of laying tracks already 
4authorized to be laid, and no change of route therein provided 
5for, shall operate or be construed to deprive or divest any such 
6company, entering into such contract, of any of the rights, 
7franchises, or privileges possessed by it at the time of 
8entering into such contract, so as to operate in favor of any 
9company subsequently formed and seeking to occupy, for street 
10railway purposes, the street, streets, or portions of a street 
11or streets, covered by such contract. Nothing in this section 
12contained, nor any contract made in pursuance thereof, shall be 
13construed to limit or affect in any way, or impose any 
14additional liability for the exercise of, the right of a 
15railroad company to lay its tracks, over, upon, under, and 
16across such street or streets, or portions thereof.]

17Section 145. The act is amended by adding a section to read:

18Section 1916. Contracts with Passenger or Transportation
19Companies.--Except as may be prohibited by 66 Pa.C.S. Pt. I
20(relating to public utility code) or Federal or other state
21regulation of transportation or commerce, a city may, as it
22deems necessary for the public benefit and convenience, contract
23with a person or persons owning a public transportation service,
24railroad company, street railway, motor power company, or
25passenger or transportation company.

26Section 146. Section 1917 of the act, amended June 28, 2011
27(P.L.75, No.15), is repealed:

28[Section 1917. Sales of Personal Property.--No city personal
29property shall be disposed of by sale or otherwise except upon
30approval of council by ordinance or resolution. In cases where

1council shall approve a sale of city personal property, it shall
2estimate the sale value of the entire lot to be disposed of. If
3council shall estimate such sale value to be less than one
4thousand dollars, it shall require a notice of the proposed sale
5to be posted for at least ten days on the bulletin board in the
6city hall, describing and itemizing the property to be sold and
7directing that bids may be made thereon at the office of the
8city clerk. Thereafter, council may sell such property, in whole
9or in part, for the best price or prices obtainable. If council
10shall estimate the sale value to be one thousand dollars or
11more, the entire lot shall be advertised for sale once in at
12least one newspaper, in accordance with the provisions of
13section one hundred nine of this act, and sale of the property
14so advertised shall be made to the best responsible bidder; and
15the bids shall not be opened until at least ten days after the
16said advertisement. Council may sell any such property at
17auction, but the provisions as to notice contained in this
18section shall be likewise observed as to the holding of such
19auction sales. An auction may be conducted by means of an online
20or electronic auction sale. During an electronic auction sale,
21bids shall be accepted electronically at the time and in the
22manner designated in the advertisement. During the electronic
23auction, each bidder shall have the capability to view the
24bidder's bid rank or the high bid price. Bidders may increase
25their bid prices during the electronic auction. The record of
26the electronic auction shall be accessible for public
27inspection. The purchase price shall be paid by the high bidder
28immediately or at a reasonable time after the conclusion of the
29electronic auction as determined by council. In the event that
30shipping costs are incurred, they shall be paid by the high

1bidder. A city that has complied with the advertising
2requirements of this section may provide additional public
3notice of the sale by bids or auction in any manner deemed
4appropriate by council. The advertisement for electronic auction
5sales authorized in this section shall include the Internet
6address or means of accessing the electronic auction and the
7date, time and duration of the electronic auction. The
8provisions of this section shall not be mandatory where city
9personal property is to be traded-in or exchanged for new city
10personal property.]

11Section 147. Section 1918 of the act, amended October 17,
121974 (P.L.775, No.254), is repealed:

13[Section 1918. Street Construction and Improvement by City 
14Employes.--Whenever a city uses the work or services of its 
15employes in the construction or improvement, of any public 
16street within the territorial limits, it shall be subject to the 
17limitations and duties imposed by this article in the purchase 
18of any materials for such construction or improvement. The 
19provisions of this section shall not be construed to affect or 
20limit the provisions of Article XXIX of this act.]

21Section 148. Section 1919 of the act, amended July 1, 1994 
22(P.L.373, No.55), is repealed:

23[Section 1919. Sales of Real and Personal Property to 
24Certain Entities.--Any provision of this act requiring 
25advertising for bids and sale to the highest bidder shall not 
26apply where city real or personal property is to be sold to a 
27county, city, borough, town, township, home rule municipality, 
28institution district, school district, volunteer fire company, 
29volunteer ambulance service or volunteer rescue squad located 
30within the city, or municipal authority pursuant to the act of 

1May 2, 1945 (P.L.382, No.164), known as the "Municipality 
2Authorities Act of 1945," a housing authority pursuant to the 
3act of May 28, 1937 (P.L.955, No.265), known as the "Housing 
4Authorities Law," an urban redevelopment authority pursuant to 
5the act of May 24, 1945 (P.L.991, No.385), known as the "Urban 
6Redevelopment Law," a parking authority pursuant to the act of 
7June 5, 1947 (P.L.458, No.208), known as the "Parking Authority 
8Law," a port authority pursuant to the act of December 6, 1972 
9(P.L.1392, No.298), known as the "Third Class City Port 
10Authority Act," or a corporation not for profit engaged in 
11community industrial development. Any provision of this act 
12requiring advertising for bids and sale to the highest bidder 
13shall not apply where real property is to be sold to a 
14corporation not for profit organized as a public library for its 
15exclusive use as a library, to a medical service corporation not 
16for profit, to a housing corporation not for profit, to the 
17Commonwealth or to the Federal Government. When real property is 
18to be sold to a corporation not for profit organized as a public 
19library for its exclusive use as a library or to a medical 
20service corporation not for profit or to a housing corporation 
21not for profit, council may elect to accept a nominal 
22consideration for the sale as it shall deem appropriate. Real 
23property sold pursuant to this section shall be subject to the 
24condition that when the property is not used for the purposes of 
25the conveyance, the property shall revert to the city.]

26Section 149. Article XX heading of the act is amended to
27read:

28ARTICLE XX

29POLICE [BUREAU] FORCE

30Section 150. Sections 2001 and 2002 of the act, amended

1December 27, 1967 (P.L.893, No.403), are amended to read:

2Section 2001. Appointment, Number, Rank, Compensation and
3Qualifications of [Policemen] Police Officers.--(a) The council
4shall fix, by ordinance, the number, grades and compensation of
5the members of the city police force, who shall, except as 
6provided in section 2002, be appointed in accordance with the
7civil service provisions of this act[, and no].

8(b) No member of the city police force having been promoted
9in conformity with the civil service provisions of this act
10shall be demoted in rank or discharged from the police force
11except upon proper cause shown as set forth under the civil
12service provisions of this act.

13(c) No [policeman shall] police officer, after [his] the 
14police officer's appointment and qualification, shall hold at
15the same time the office of constable.

16(d) Council shall [prescribe all necessary] promulgate rules
17and regulations for the organization and government of the
18police force. [The minimum annual starting salary or
19compensation to be paid the members of the police force by any
20city shall be four thousand five hundred dollars ($4,500), with
21minimum annual increments of three hundred dollars ($300) for
22the first three years of such employment. If the annual salary
23or compensation of any policeman employed by the city on the
24effective date of this amending act is less than four thousand
25five hundred dollars ($4,500), such salary or compensation shall
26be increased to four thousand five hundred dollars ($4,500), and
27such policeman shall receive minimum annual increments of three
28hundred dollars ($300) for the next three years of such
29employment.]

30Section 2002. Designation of Chief [and Other Officers].--

1The [mayor shall designate, from the force, the chief and other
2officers who shall serve as such officers until their successors
3are appointed and qualified. The chief of police shall be
4designated by the mayor and may be demoted without cause in the
5same manner, but not to any rank lower than the rank which he
6held at the time of his designation as chief of police.] chief 
7of police shall be designated by the mayor from within the ranks 
8and may be demoted without cause in the same manner, but not to 
9any rank lower than the rank which was held at the time of 
10designation as chief of police. In the event that no qualified 
11officer from within the ranks has applied for such designation, 
12the chief of police shall be designated by the mayor from 
13without the ranks. The officers, other than the chief of police, 
14shall be designated in accordance with Article XLIV.

15Section 151. Sections 2003, 2005, 2006, 2007, 2008 and 2009
16of the act are amended to read:

17Section 2003. Extra [Policemen] Police Officers;
18Compensation.--[The mayor, whenever, in his judgment] Whenever 
19in the judgment of the mayor it is necessary for the public
20safety or to preserve order, the mayor may appoint extra
21[policemen] police officers to serve for such period as the
22council may designate, not exceeding thirty days, whose
23compensation shall be fixed by council.

24Section 2005. Powers of [Policemen] Police Officers to
25Arrest.--[Policemen] Police officers shall be ex-officio
26constables of the city, and shall and may[, within the city or]
27enforce the laws of this Commonwealth or otherwise perform the 
28functions of their office in accordance with 42 Pa.C.S. §§ 8952 
29(relating to primary municipal police jurisdiction) and 8953 
30(relating to Statewide municipal police jurisdiction) and upon

1property owned or controlled by the city or by a [municipality]
2municipal authority [of] created by the city [within the
3Commonwealth], without warrant and upon view, arrest and commit
4for hearing any and all persons guilty of breach of the peace,
5vagrancy, riotous or disorderly conduct or drunkenness, or who
6may be engaged in the commission of any unlawful act tending to
7imperil the personal security or endanger the property of the
8citizens, or violating any of the ordinances of [said] the city
9for the violation of which a fine or penalty is imposed.

10Section 2006. Service of Process; Fees; Payment into
11Treasury.--[Policemen] Police officers shall have authority to
12serve and to execute [within the city or upon property owned or
13controlled by the city or by a municipality authority of the
14city within the Commonwealth all] criminal process or processes
15issued for the violation of city ordinances [which may be issued
16by the mayor or any alderman,] and shall charge the same fees
17and costs as pertain by law to the constables of the city for
18similar services, but the [said] fees and costs shall be
19[received and collected by the mayor or alderman, and by him]
20paid into the city treasury monthly as herein provided.

21Section 2007. Supervision by Mayor.--[Policemen] The chief 
22of police shall obey the orders of the mayor and make report to 
23[him] the mayor, which report shall be [laid by him before
24council monthly] presented monthly by the mayor to council. [The
25mayor shall exercise a constant supervision and control over
26their conduct.]

27Section 2008. Extra Compensation Prohibited; Exception;
28Penalty.--No [policeman] police officer shall ask, demand or
29receive any compensation or reward whatsoever for [his] the 
30police officer's services other than that provided by ordinance,

1except rewards offered for the arrest of persons accused of
2crime committed outside of the city in which [they hold office,
3and witness fees and mileage as provided by law for their
4appearance in any court of record] such officer is employed. Any
5[policeman] police officer violating any of the provisions of
6this section [shall be guilty of] commits a misdemeanor [in
7office, and, upon conviction, shall be sentenced to pay a fine
8not exceeding fifty dollars, or undergo imprisonment not
9exceeding thirty days, or both, at the discretion of the court,]
10of the third degree and shall, upon conviction, be sentenced to 
11pay a fine or undergo imprisonment, or both, at the discretion 
12of the court to be followed by dismissal from office.

13Section 2009. Compensation or Insurance for Volunteer
14[Policemen] Police Officer.--Each city may make necessary
15appropriations to provide compensation or insurance for
16volunteer [policemen] police officers injured or killed while
17engaged in the performance of such duties as may be assigned to
18them in the city.

19Section 152. Section 2010 of the act, amended April 6, 1998
20(P.L.236, No.44), is amended to read:

21Section 2010. School Crossing Guards.--(a) Upon request of
22the board of school directors of the school district in which a
23city is located, the city council may appoint school crossing
24guards who shall have the duty of controlling and directing
25traffic at or near schools [and who shall be in suitable and
26distinctive uniform. School crossing guards shall be authorized
27only in the management of traffic and pedestrians in and around
28areas identified by the city police department and the school
29district superintendent]. They shall serve at the pleasure of
30the city council, except as noted in subsection (b)[, and shall

1not come within the civil service provisions of this act and
2shall not be entitled to participate in any city pension plan or
3plans now in effect or hereafter effective]. The compensation of
4the school crossing guards, if any, shall be fixed by the city
5council and shall be jointly paid by the city council and the
6board of school directors, in a ratio to be determined by the
7city council and board of school directors. If the city council
8and board of school directors are unable to determine the ratio
9of compensation of the school crossing guards to be paid by the
10council and the board, each shall pay one-half of the
11compensation of [such police. Auxiliary policemen, appointed as
12prescribed by general law, may be designated to serve as school
13crossing guards] the school crossing guards.

14(b) A city council may [approve] enact an ordinance allowing
15a board of school directors to assume the hiring and oversight
16of the school crossing guards. Before city council may [approve]
17enact such an ordinance, the board of directors of the school
18district shall [approve] adopt a resolution requesting the
19authority to assume the hiring and oversight of the school
20crossing guards. The ordinance enacted by council shall outline
21how the city police department will provide any necessary
22training and assistance of the school crossing guards while on
23duty. [Such school crossing guards will be authorized only in
24the management of traffic and pedestrians in and around areas
25identified by the city police department and the school district
26superintendent or his or her designee. The school crossing
27guards shall not come within the civil service provision of this
28act, nor shall they] School crossing guards shall not fall under
29the bargaining unit of the school district nor be classified as
30an employe as defined under section 1101-A of the act of March 

110, 1949 (P.L.30, No.14), known as the "Public School Code of
21949," or under any benefits as provided under the "Public
3School Code of 1949[,]." [or under any plans hereafter
4effective. Once] After the ordinance [receives] is enacted by
5city council [approval], the school district shall assume the
6cost of compensation, including fixing such compensation, if
7any, of the school crossing guards. [Auxiliary policemen,
8appointed as prescribed by general law, may be hired by the
9school district to serve as school crossing guards.] The board
10of school directors shall notify the city council, mayor and
11police chief or commissioner of those hired to serve as school
12crossing guards and request the necessary training or assistance
13be provided as outlined by the ordinance.

14(c) Whether the city council appoints school crossing guards
15upon the request of the board of school directors or whether the
16city council enacts an ordinance allowing a board of school
17directors to assume the hiring and oversight of the school
18crossing guards, the following shall apply to school crossing
19guards:

20(1) Their duties and authority shall be restricted to the
21management of traffic and pedestrians in and around areas
22identified by the city police force and the school district
23superintendent or a designee.

24(2) They shall be in suitable and distinctive uniform while
25performing their duties as school crossing guards.

26(3) They shall not come within the civil service provisions
27of this act.

28(4) They shall not be entitled to participate in any city or
29school district pension or benefit plan or plans now in effect
30or hereafter effective.

1(5) Auxiliary police officers, appointed as prescribed by
2general law, may be designated by city council or hired by the
3school district, as applicable, to serve as school crossing
4guards.

5Section 153. Article XXI heading of the act is reenacted to
6read:

7ARTICLE XXI

8FIRE BUREAU

9Section 154. Section 2101 of the act is amended to read:

10Section 2101. Organization of Fire Bureau; Maintenance;
11Apparatus.--[Each city may organize a fire bureau, with or
12without pay, make] With regard to a city fire bureau, council 
13shall have the authority to:

14(1) by ordinance, establish and organize a fire bureau;

15(2) make appropriations for the maintenance of the same[,
16prescribe];

17(3) promulgate rules and regulations for the government of
18the officers and companies belonging thereto[,]; and

19(4) purchase equipment and apparatus for the extinguishment,
20prevention and investigation of fires and for the public safety.

21Section 155. Section 2101.1 of the act, added July 1, 1994
22(P.L.373, No.55), is amended to read:

23Section 2101.1. Appointment and Demotion of Fire Chief [and
24Deputy Fire Chief].--The mayor, by and with approval and consent 
25of council, shall appoint the fire chief [and deputy fire chief]
26who may be demoted without cause but not to any rank lower than
27the rank which [he] the fire chief held within the department at
28the time of [his] designation as fire chief [or deputy fire
29chief.]. In the event that no qualified employe of the fire 
30bureau has applied for such appointment, the fire chief shall be 

1appointed by the mayor, by and with approval and consent of 
2council, from without the ranks.

3Section 156. Section 2102 of the act, amended November 9,
41965 (P.L.670, No.328), is amended to read:

5Section 2102. Paid Bureau; Election of Officers and
6Companies.--When a paid fire bureau is organized by any city,
7the council, except as provided by section 2101.1, may provide,
8by ordinance, for the election or appointment of the officers
9and companies belonging thereto, in accordance with civil
10service provisions where applicable. The minimum annual starting
11salary or compensation to be paid the officers and [firemen]
12firefighters by any city shall be [four thousand five hundred
13dollars ($4,500), with minimum annual increments of three
14hundred dollars ($300) for the first three years of such
15employment. If the annual salary or compensation of any fireman
16employed by the city on the effective date of this amending act
17is less than four thousand five hundred dollars ($4,500), such
18salary or compensation shall be increased to four thousand five
19hundred dollars ($4,500), and such fireman shall receive minimum
20annual increments of three hundred dollars ($300) for the next
21three years of such employment] established by the city council.

22Section 157. Section 2103 of the act, amended July 19, 1957
23(P.L.1012, No.448), is amended to read:

24Section 2103. Platoon System; Hours of Service[; Vacation;
25Sick Leave].--(a) The director of the department having charge
26of the fire bureau in [each city shall] a city may divide the
27officers and members of companies of the uniformed fire force in
28the employ of [such cities] the city, and any other [firemen]
29firefighters and drivers regularly employed and paid by the
30city, excepting the chief engineer and assistant chiefs, and

1those employed subject to call, into [two] shifts, bodies or
2platoons to perform service during such hours as the director
3shall fix[, except as herein otherwise provided. The hours of
4day service shall not exceed ten, commencing at eight o'clock in
5the morning; the hours of night service shall not exceed
6fourteen, commencing at six o'clock in the afternoon; and the
7hours of day service shall not exceed fifty hours in any one
8calendar week, and the hours of night service shall not exceed
9seventy hours in any one calendar week, unless the hours of day
10and night service shall be equalized, in which case neither the
11hours of day or night service shall exceed fifty-six in any one
12calendar week: Provided, That for the duration of any war in
13which the United States is engaged, and six months thereafter,
14the hours of service may exceed the number hereinbefore provided
15as the maximum number of hours of service, and in such cases,
16council shall provide for the payment of extra compensation for
17any hours of service, at the same rate as paid for regular
18service in excess of such maximum hours of service. The employes
19of such fire forces shall be allowed to have at least twenty-
20four consecutive hours of rest in every calendar week, to have
21an annual vacation of not less than fourteen working days, and
22shall be entitled to twenty-one days sick leave annually without
23diminution of the salary or compensation fixed by ordinance. In
24those instances in which sick leave exceeds four days at any one
25time, it shall be necessary for the employe to present evidence
26satisfactory to the director of the department showing either
27injury, hospitalization, or illness attended to by a physician].
28In cases of riot, serious conflagration, times of war, public
29celebrations, or other such emergency, the [chief engineer of
30the bureau of fire, or the assistant chief deputy, or chief]

1fire chief or officer in charge at any fire shall have the power
2to assign all the members of the fire force to continuous
3duty[,] or to continue any member thereof on duty, if necessary.
4[No member of any of said shifts, bodies or platoons shall be
5required to perform continuous day service or continuous night
6service for a longer consecutive period than two weeks, nor be
7kept on duty continuously longer than ten hours in the day
8shifts, bodies or platoons or fourteen hours in the night
9shifts, bodies or platoons, excepting as may be necessary to
10equalize the hours of duty and service, and also excepting in
11cases of emergency, as above provided.]

12(b) No schedule shall require a member of any shift, body or
13platoon to perform continuous service for a consecutive period
14of twenty-four hours, excepting in cases of emergency or as
15otherwise agreed through collective bargaining or an award
16pursuant to the act of June 24, 1968 (P.L.237, No.111), referred
17to as the Policemen and Firemen Collective Bargaining Act.

18(c) The provisions of subsection (b) shall not be deemed to
19alter or affect any work schedules in existence prior to the
20effective date of this subsection.

21Section 158. Sections 2104, 2105, 2106, 2107 and 2108 of the
22act are amended to read:

23Section 2104. Fire Marshal; Powers.--Every city may, by
24ordinance, provide for the creation of the office of fire
25marshal who shall be appointed by the mayor, by and with the
26approval and consent of council, biennially. The fire marshal
27and [his] any authorized assistants[, if council shall provide
28for such assistants,] shall inspect all constructions or
29buildings within the city or upon property owned or controlled
30by the city or a [municipality] municipal authority of the city

1within the Commonwealth[, whether public, private, or business,]
2and shall enforce all laws of the Commonwealth and ordinances of
3the city relating to such constructions or buildings, for the
4prevention, containment, or investigation of fire and
5firehazards, both as to the constructions or buildings and as to
6the contents or occupancies thereof. The fire marshal or [his] 
7the fire marshal's assistants shall report to the director of
8public safety or to council or other designated official, as
9council shall by ordinance provide, any faulty or dangerous
10construction or building or like condition in any building[,]
11that may constitute a fire hazard[,] or any proposed use or
12occupation of any construction, building or premises[,] which
13would create or increase a hazard of fire. [He] The fire marshal
14shall investigate and keep a permanent record of the cause,
15origin and circumstances of every fire and the damage resulting
16therefrom occurring within [his] the fire marshal's jurisdiction
17immediately after the occurrence of [such] the fire. The [said]
18records of the fire marshal shall be open to public
19inspection[.] except as exempted in accordance with the act of 
20February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know 
21Law." The fire marshal shall submit to council an annual report
22consolidating the information contained in [said records at the
23first stated meeting in March of each year] the records as 
24directed by council. [He shall request the mayor or any alderman
25of the city to investigate, under the act, approved the
26seventeenth day of April, one thousand eight hundred sixty-nine
27(Pamphlet Laws 74), the origin of any fire he deems suspicious;
28and shall be equally subject to appointment and removal and to
29all the powers and duties under the act, approved the twenty-
30seventh day of April, one thousand nine hundred twenty-seven

1(Pamphlet Laws 450, Number 291), as amended, as is the chief of
2the fire department] If a fire is deemed suspicious, the fire 
3marshal shall have the authority to investigate the same.

4Section 2105. Obstructing Fire Marshal; Fine.--It shall be
5unlawful for any person to obstruct or prevent or attempt to
6obstruct or prevent the fire marshal in the discharge of [his] 
7the fire marshal's duties. Council may, by ordinance, establish
8the types or grades of such criminal conduct[,] and may
9establish fines[,] or imprisonment [in default of payment
10thereof,] or both for such violations. No fine so ordained shall
11exceed [three hundred] one thousand dollars for any single
12violation, and no imprisonment [in default of payment of such a
13fine] shall exceed ninety days.

14Section 2106. Investigation of Cause of Fire; Power of
15Mayor.--The mayor of any city may, whenever in [his] the mayor's
16judgment the occasion demands it, issue a subpoena, in the name
17of the Commonwealth of Pennsylvania, to any person or persons
18requiring [them to attend] the attendance of the person or 
19persons before [him] the mayor or the fire marshal at [such] the
20time and place as may be named in [said] the subpoena, then and
21there to testify, under oath or affirmation, which the fire
22marshal in the absence of the mayor is hereby empowered to
23administer, as to the origin of any fire occurring within the
24bounds of such city[,] and also as to any facts or circumstances
25that may be deemed important to secure the detection and
26conviction of any party or parties guilty of the offense of
27arson or attempted arson.

28Section 2107. Fire Chief Ex-officio Fire Marshal.--The fire
29chief of any city shall be ex-officio fire marshal thereof in
30any city wherein the office is not separately filled [by

1council] pursuant to ordinance, and in [such] that case all the
2powers and duties herein given to or imposed upon [such] the
3fire marshal shall be enjoyed and exercised by [such] the fire
4chief [of the fire department].

5Section 2108. Compensation Insurance for Injured Volunteer
6[Firemen] Firefighters or Special Fire Police.--Each city may
7make [such] appropriations as may be necessary to secure
8insurance or compensation for volunteer [firemen] firefighters
9killed or injured while engaged in the performance of their
10duties or as special fire police.

11Section 159. Section 2109 of the act, added June 16, 1993
12(P.L.97, No.21), is amended to read:

13Section 2109. Salary of Nonunion City Fire Officers.--[Any]
14A fire chief or head of a fire department of a city who has been
15removed from bargaining units under the act of June 24, 1968 
16(P.L.237, No.111), referred to as the Policemen and Firemen
17Collective Bargaining Act, by rulings of the Pennsylvania Labor
18Relations Board shall receive not less than the same dollar
19increase, including fringe benefits but excluding overtime and
20festive holiday pay, as received by the highest-ranking fire
21officer participating in the bargaining unit.

22Section 160. Article XXII heading of the act is amended to
23read:

24ARTICLE XXII

25[BUREAU OF MINE INSPECTION AND]

26SURVEYS AND SURFACE SUPPORT

27IN COAL MINING AREAS

28Section 161. Sections 2201 and 2202 of the act are repealed:

29[Section 2201. Ordinance Creating.--Any city within the
30limits of the anthracite or of the bituminous coal regions of

1the Commonwealth may, by ordinance, create a bureau of mine
2inspection and surface support.

3Section 2202. Bureau, How Constituted.--The bureau shall
4consist of one practical mining engineer, to be appointed by the
5mayor, with consent of the council, and such assistants, clerks,
6and employes as the council may provide. The officers and
7employes of the bureau shall receive such compensation as may be
8prescribed by council.]

9Section 162. Sections 2203, 2204, 2205, 2206 and 2207 of the
10act are amended to read:

11Section 2203. [Inspection of Mines] Survey of Mines.--
12[Members of the bureau may enter, inspect, examine] For the 
13purpose of conducting a survey as may be required by council, 
14the city engineer or other registered professional engineer 
15employed by the city, may enter and survey any mine or colliery,
16within the limits of the city, in whole or in part, at all
17reasonable times, either by day or night, but not so as to
18impede nor obstruct the workings of the mine or colliery; and
19may take with them [such] other persons [as may be] necessary
20for the purpose of making [an examination or] a survey. The
21owner, operator, or superintendent of such mine or colliery
22shall furnish the means necessary for [such] the entry,
23[inspection, examination,] survey and exit.

24Section 2204. Operators to Furnish Maps; Contents.--The
25owner, operator, or superintendent of every coal mine or
26colliery within the limits of the city, in whole or in part,
27[within three months after the passage of an ordinance by any
28city creating such bureau,] shall, at the request of council,
29make or cause to be made and furnished to [such bureau] the city 
30engineer an accurate map or plan of the workings or excavations

1of [such] each coal mine or colliery, or parts thereof, within
2the limits of [said] the city[, on a scale of one hundred feet
3to the inch. The map or plan shall exhibit the workings or
4excavations in every seam of coal on a separate sheet, and the
5tunnels and passages connecting with such workings or
6excavations. It shall show in degrees the general inclination of
7the strata, with any material deflection therein in the workings
8or excavations, and shall also show the tidal elevations of the
9bottom of every shaft, slope, tunnel, and gangway, and of any
10other point in the mine or on the surface where such elevation
11shall be deemed necessary by the bureau. The map or plan shall
12show the number of the last survey station and date of each
13survey on the gangways or the most advanced workings].

14Section 2205. Extensions to be Placed on Maps.--[Every mine 
15owner, operator, or superintendent shall place or cause to be 
16placed upon the map of the bureau, at least] Not less than once
17in every three months, a map that has been provided to a city, 
18at the request of council, pursuant to section 2204, shall be 
19updated at the direction of the mine owner, operator or 
20superintendent. The updated map shall show all the extensions
21made in any mine, wholly or partially within the limits of
22[such] the city, and not already so placed upon the map, except
23those made within thirty days immediately preceding the time of
24placing [such] the extensions upon the [said] map.

25Section 2206. Certain Surface Supports Not to be Removed.--
26It shall be unlawful for any person, [copartnership]
27partnership, association, or corporation to dig, mine, remove,
28or carry away the coal, rock, earth, or other minerals or
29materials forming the natural support of the surface beneath the
30streets and places of any city[, in the anthracite region or in

1the bituminous region,] to such an extent and in such a manner
2as to thereby remove the necessary support of the surface,
3without having first placed or constructed an artificial
4permanent support sufficient to uphold and preserve the
5stability of the surfaces of such streets and places.

6Section 2207. Penalty for Surface Support Violations.--Any
7person, corporation or association[, being the owner, lessee or
8operator of any coal mine, and] violating the provisions of this
9article concerning surface support of streets and places within
10the city [shall be guilty of] commits a misdemeanor[,] and
11shall, upon conviction [thereof shall], be sentenced for such
12offense to pay a fine not exceeding one thousand dollars, or [to
13undergo] imprisonment [in the county jail] for a period not
14exceeding ninety days, or both, and each [five day continuance
15in any] day in which such violation continues shall constitute
16an additional and separate offense [and be likewise punishable
17upon conviction thereof].

18Section 163. Section 2208 of the act is repealed:

19[Section 2208. General Penalties.--Any owner, operator or
20superintendent of any coal mine or colliery who shall violate
21any of the provisions of this article, except those requiring
22surface support of streets and places within the city, shall,
23upon summary conviction thereof before a justice of the peace or
24an alderman of the city, be fined not less than fifty dollars
25nor more than three hundred dollars, and in default of payment
26thereof, shall be imprisoned for not more then ninety days for
27each such violation. Each five day continuance in any such
28violation shall constitute an additional and separate offense
29and be likewise punishable upon summary conviction thereof. All
30fines imposed under this section shall be paid into the treasury

1of the city.]

2Section 164. Section 2209 of the act is reenacted to read:

3Section 2209. Enactment of Ordinances.--Council may enact
4such ordinances as may be necessary for the enforcement of the
5provisions of this article and provide penalties for the
6violation thereof.

7Section 165. Article XXIII and subdivision (a) headings of
8the act are reenacted to read:

9ARTICLE XXIII

10PUBLIC HEALTH

11(a) Board of Health

12Section 166. Section 2301 of the act is amended to read:

13Section 2301. Board of Health[; Incompatibility].--Each city
14shall have a board of health. Council may, by ordinance, create
15a board of health [as herein provided], or, in lieu thereof,
16council shall be the board of health. [The board of health shall
17have five members appointed by council, who shall serve without
18compensation. Except as otherwise herein provided, membership on
19the board of health shall be incompatible with every other city
20office.] If council is the board of health, members of council 
21shall receive no additional compensation for serving on the 
22board.

23Section 167. Section 2302 of the act, amended June 16, 1993
24(P.L.97, No.21), is amended to read:

25Section 2302. [Qualifications; Term; Removal.--The] Members 
26of Appointed Boards of Health.--(a) Council shall appoint five 
27members to a board of health created by ordinance. Appointed 
28members shall serve without compensation. Except, in the case of 
29an appointed member who is a licensed or certified health care 
30professional that has a principal office in the city, members of

1the appointed board of health shall be residents of the city.
2[At least one, and whenever possible two,]

3(b) Two members of the board shall be [currently] licensed
4or certified health care professionals unless council cannot 
5identify two such professionals who are willing to serve, in 
6which case, one member shall be a licensed or certified health 
7care professional. If no licensed or certified health care 
8professional can be identified to serve on the board, council 
9may, in lieu thereof, appoint any individual who has experience 
10or is knowledgeable of public health issues.

11(c) Health care professionals pursuant to this section must 
12be licensed or certified by the State Board of Medicine, the
13State Board of Examiners of Nursing Home Administrators, the
14State Board of Podiatry, the State Board of Veterinary Medicine,
15the State Board of Occupational Therapy Education and Licensure,
16the State Board of Osteopathic Medicine, the State Board of
17Pharmacy, the State Board of Physical Therapy [or], the State
18Board of Nursing [to be engaged in a medical, medically related
19or health care profession or business and shall be a resident or
20have an office in the city. If a licensed or certified medical
21or health care professional cannot be identified to serve on the
22board, council may appoint any individual who has experience or
23is knowledgeable of public health issues], the State Board of 
24Social Workers, Marriage and Family Therapists and Professional 
25Counselors, the State Board of Chiropractic, the State Board of 
26Dentistry, the State Board of Optometry, the State Board of 
27Psychology or the State Board of Examiners in Speech-Language 
28and Hearing.

29[Upon] (d) After the creation of the board, by ordinance,
30council shall designate [for] one appointee for a term of one

1year, [for] another for a term of two years, and so on up to
2five; thereafter, one member of the board shall be appointed
3annually to serve for a term of five years from the first Monday
4of [April] January succeeding [his] the member's appointment.

5(e) Council may remove appointed members of the board for
6official misconduct or neglect of duty.

7(f) All vacancies on appointed boards shall be filled by 
8council appointing a qualified person to membership on the board
9for the unexpired term of the person whose membership had been 
10vacated.

11Section 168. Sections 2303, 2304, 2305, 2306, 2307, 2308,
122309, 2310 and 2311 of the act are amended to read:

13Section 2303. Oath of Office; Organization; Secretary.--(a)
14Each member of the board of health shall take the oath of office
15prescribed in section [nine hundred and five of this act] 905.

16(b) The board of health shall organize annually on the first
17Monday of January[. The board] and shall elect a president
18annually from among [the] its members. [and]

19(c) Council shall appoint a secretary of the board of health
20who is not a member of the board of health. [board member. The
21secretary shall take the aforesaid oath and shall give a
22fidelity bond with corporate surety to the city in such amount
23as council requires.] The secretary shall receive [such] a
24salary as approved by council [shall approve].

25Section 2304. Duties of Secretary.--The secretary of the
26board shall have the power and the secretary's duty shall be as 
27follows:

28(1) To keep the minutes of the proceedings of the board[,
29shall keep] and accurate accounts of the expenditures of the
30board.

1(2) To [, shall] draw all requisitions for the payment of
2moneys on account of the board of health from appropriations
3made by the council to the board and shall present the same to
4the president of the board for [his] the president's approval.

5(3) To [, shall] render statements of the expenditures to
6the board at each stated meeting or as frequently as the board
7may require.

8(4) To [, shall] prepare, under the directions of the board,
9the annual report to council, together with the estimate of
10appropriations needed for the ensuing year.

11(5) To [He shall] make such reports to the State Department
12of Health as are required by law or by rule or regulation of the
13[Department] department.

14(6) To [, and shall] make such other reports and perform
15such other duties as are required [of him] by law or by the
16board of health.

17Section 2305. Health Officer; Qualifications; Oath [and
18Bond.--The board shall appoint as].--(a) Council shall, by 
19ordinance, determine the manner and method of selection of a
20health officer who shall be a person with [some] experience or
21training in public health work [in accordance with rules and
22regulations of the Advisory Health Board of] and who shall be 
23or, within six months of taking the oath of office, shall become 
24certified for the office of health officer by the State
25Department of Health[, and who shall not enter upon his duties
26until he has been certified for the office of health officer by
27the State Department of Health]. The health officer shall take
28the oath required of members of the board. [, and shall give
29bond with corporate surety approved by council to the city for
30the faithful performance of his duties. The amount of the bond

1shall be fixed by council.] The health officer shall be the
2agent of the board of health but shall not serve as a member of 
3the board of health.

4(b) City council may appoint, as the principal health
5officer of the city, the manager or chief administrator employed
6and compensated by a nonprofit corporation which may be
7appointed as a board of health in accordance with subdivision
8(c). The manager or chief administrator, to be eligible for
9appointment, must be a reputable physician of at least five
10years' experience in the practice of the physician's profession
11or in public health work. The principal health officer,
12appointed pursuant to this subsection, shall have all the powers
13and authority and duties now or hereafter to be conferred or
14prescribed by law upon principal health officers.

15Section 2306. Duties of Health Officer.--(a) The duties of 
16the health officer shall include the following:

17(1) [It shall be the duty of the health officer to] To
18attend all [stated] regular and special meetings of the board of
19health [and to].

20(2) To be available for the prompt performance of [his] the 
21health officer's official duties [at all times. He shall].

22(3) To quarantine places of communicable diseases in
23accordance with law and with the rules and regulations of the
24State Department of Health or of the city board of health.

25(4) [He shall] To execute all laws and rules or regulations
26for the disinfection of quarantined places.

27(5) [He shall] To serve written notice on teachers and
28persons in charge of public, parochial, Sunday and other
29schools[,] requiring the exclusion from school of children who
30are suffering from, or who reside with persons who are suffering

1from, communicable diseases[, and shall].

2(6) To make sanitary inspections[, and shall] subject to 
3constitutional standards in a similar manner as provided in 
4section 2308.

5(7) To execute the orders of the board of health and all
6other laws, rules and regulations and orders pertaining to [his] 
7the health officer's office.

8(b) The health officer [He] shall[, in the performance of
9his duties, have the power and authority of a policeman of the
10city] to the extent the health officer's duties have the power 
11to issue citations for the violation of applicable laws or 
12ordinances.

13Section 2307. Duties of Board of Health.--[The board of
14health shall enforce the laws of the Commonwealth and the rules,
15regulations and orders of the State Department of Health.] (a)
16The board of health shall undertake to prevent or diminish the
17introduction or further spread of infectious or contagious
18diseases[,] and otherwise to protect and increase the public
19health by regulating communication with places of infection or
20contagion, by isolating carriers of infection or contagion or
21persons who have been exposed to any infectious or contagious
22disease, by abating or removing all nuisances which the board
23shall deem prejudicial to the public health, and by enforcing
24the vaccination laws; and the board shall make all such rules
25and regulations as to it appear proper for the preservation or
26improvement of the public health, consistent with this article
27and the laws of the Commonwealth.

28(b) In carrying out its duties under this act, the board of
29health shall, if authorized, enforce the laws of the
30Commonwealth that are relevant to and relate to its duties.

1(c) The board of health shall transmit to the State
2Department of Health all of its reports and publications and
3such other information regarding public health in the city as
4may be requested or required by the [Department] department.

5Section 2308. Powers of Board of Health.--The board of
6health shall have authority:

7(1) [To employe] If authorized by council, to employ agents
8and employes at rates of compensation approved by council. [at
9such rates or salaries as council shall approve.

10(2) To establish and staff emergency hospitals, with the
11consent of council, in case of the [prevalence] prevalence or
12threat of any contagious or infectious disease or other serious
13peril to public health, and to provide for and regulate the
14management of such hospitals.

15(3)] (2) To enter upon any premises whatsoever within the
16city as a body or by committee or by its agents or employes,
17which premises are suspected of infectious or contagious disease
18or of any other nuisance prejudicial to the public health, or of
19the danger of them, for the purpose of examining the premises or
20of preventing, confining or abating public nuisances. The 
21following apply:

22(i) In the event that entry upon any premises is refused by
23an owner, an agent of an owner, or tenant, the board of health
24shall obtain an administrative search warrant from any
25magisterial district judge within the judicial district wherein
26lies the premises to be inspected.

27(ii) It shall be sufficient to support the issuance of a
28warrant for the board of health to provide to the magisterial
29district judge evidence of any of the following:

30(A) Reasonable standards and an administrative plan for

1conducting inspections.

2(B) The condition of the premises or general area and the
3passage of time since the last inspection.

4(C) Facts, supported by an oath or affirmation, alleging
5that probable cause exists that a law, regulation or ordinance
6subject to enforcement by the board of health has been violated.

7[(4)] (3) To conduct investigations and to hold public
8hearings in the performance of its duties and powers, wherein
9the president and secretary of the board shall have full power
10to administer oaths and affirmations but shall receive no fee
11therefor. For such purposes, the board of health may require the
12attendance of witnesses and their books and papers in accordance 
13with section 917.

14[(5) To establish a force of sanitary police for the
15enforcement of its rules and regulations, whenever in the
16opinion of the board the public health of the city requires. To
17fix the number of such police and the duration of their service
18and to have the exclusive control and direction of them. The
19mayor shall detail police from the regular police force or make
20new appointments in order to provide a sanitary police force,
21and upon the expiration of the need for such a force the members
22thereof shall be returned to duty as regular policemen, or, if
23newly appointed, be dismissed as the mayor may direct, but no
24permanent increase of the police force shall be made thereby
25unless council so ordains.

26(6)] (4) To publish and enforce its rules and regulations as 
27approved by council.

28[(7) To] (5) If approved by council, to provide for or
29cooperate in providing for general and gratuitous vaccination,
30disinfection and other public health control programs, and

1likewise to make available medical relief in such ways as in its
2opinion will benefit the public health.

3[(8) To certify to council expenditures in excess of
4council's appropriations therefor, necessarily incurred by the
5board by reason of an epidemic, or upon approval of council, for
6any other immediate and serious peril to public health. Council
7shall thereupon appropriate sufficient money to meet such
8additional expenditures.

9(9)] (6) To [prevent, abate or remove] provide, in 
10accordance with subdivision (b), for the prevention, abatement 
11and removal of conditions found by it to be detrimental to the
12public health as public, not private, nuisances[,] or to declare
13and certify to council [such] the conditions and the premises or
14ways or places harboring [them] the condition to be public, not 
15private, nuisances.

16[(10) To prescribe regulations for the erection or operation
17of bone boiling establishments or of repositories of dead
18animals in the city, and in accordance therewith, to permit or
19refuse to permit such erections or operations within the city.
20Any person who shall erect or operate any such establishment or
21repository in the city without the permission of the board of
22health, or in violation of its regulations pertaining thereto,
23shall forfeit and pay to the city the sum of three hundred
24dollars for every such offense, and the like amount for each
25month's continuance thereof, to be collected by an action before
26an alderman of the city, and shall also be subject to indictment
27for the common law offense of creating and maintaining a
28nuisance. Nothing herein shall limit the remedies of injunction
29or abatement as to any such establishment.

30(11) To determine whether or not the keeping or slaughtering

1of stock animals or fowls in or about any dwelling or part
2thereof, or in the yard, lot or adjoining property of any such
3building within the city or parts thereof, is or may become
4detrimental to the public health. Council may prohibit any such
5keeping or slaughtering which the board certifies to it as
6detrimental, or the board may issue permits in accordance with
7regulations adopted by it for the keeping of such animals or
8fowls within the city or parts thereof. No such permit shall
9extend beyond the calendar year within which it was issued, and
10the fee for each permit shall be one dollar.]

11Section 2309. Effect of Rules and Regulations.--[The rules
12and regulations of the board of health may be approved by
13council, and when printed and advertised by council as required
14by this act in the case of ordinances, shall have the force of
15ordinances of the city; and all penalties, fines or imprisonment
16prescribed therein for violations thereof, together with the
17expenses necessarily incurred in carrying the rules and
18regulations into effect and the costs of proceedings incident
19thereto, shall be recoverable for the use of the city, as
20provided for in the case of other city ordinances.] Rules and 
21regulations adopted by the board of health shall be presented to 
22city council for its approval. City council shall have the 
23authority to approve, by ordinance, the rules and regulations 
24submitted by the board of health. Upon approval by council, the 
25rules and regulations of the board of health shall have the 
26force and effect of ordinances of the city. The ordinance 
27approving the rules and regulations may incorporate them by 
28reference. Council shall provide a place for the public to view 
29the rules and regulations. The ordinance approving the rules and 
30regulations shall prescribe the penalties, fines or imprisonment 

1for violations thereof.

2Section 2310. Fees and Penalties.--All fees and penalties
3collected or received by the board or any officer thereof [in
4his] acting in an official capacity shall be paid [monthly] as 
5received to the city treasurer for the use of the city.

6Section 2311. Proceedings of Board to be Public.--The
7proceedings of the board shall be public and its journal of
8proceedings shall be open to [the] public inspection [of any
9taxpayer].

10Section 169. Article XXIII subdivision (b) heading of the
11act is amended to read:

12(b) [Abatement of] Public Nuisances Detrimental

13to Public Health

14Section 170. Sections 2320 and 2321 of the act are amended 
15to read:

16Section 2320. [Definition.--] Determination of Public 
17Nuisances.--(a) Any condition or usage whatsoever in or about
18the buildings, structures or land, or the streets or private
19ways and places, or elsewhere, within the city, whether public
20or private, [which] if determined by the board of health [shall
21find] to be detrimental to the public health [is hereby declared
22to be] shall constitute a public nuisance. Whenever in this
23subdivision the words "public nuisance" or "nuisance" are used
24they shall be deemed to mean a nuisance detrimental to the
25public health, unless a different meaning is specified.

26(b) The powers of investigation and entering upon premises
27vested in the board of health and its agents and employes
28pursuant to its orders shall be available for the determination
29of public nuisances.

30Section 2321. [Procedure for the] Abatement of Public

1Nuisances by Designated Department.--[Whenever the board of
2health shall determine, after such examination, investigation or
3hearing as shall suffice to inform its judgment, that a public
4nuisance exists or is about to exist, it may order the nuisance
5to be removed, abated, suspended, altered, or otherwise
6prevented or avoided. Notice of such order, bearing the official
7title of the board and the number of days for compliance
8therewith and the alternative remedy of the board in case of
9non-compliance, shall be served upon the person, if any, whom
10the board deems responsible therefor or concerned therein, and
11upon the owner or abutting owner of the land, premises or other
12places whereon such a nuisance is or is about to be, if any. In
13case no such party or parties can be discovered by the board,
14the order shall be served by posting a copy or copies thereof
15conspicuously upon the premises for a period of at least ten
16days.] (a) If, in accordance with this subdivision, the board 
17of health determines that a public nuisance exists, it shall 
18report its determination, along with any request for summary 
19abatement, to the department designated by council in section 
202702-A, relating to the report and investigation of a public 
21nuisance.

22(b) Notwithstanding any other provision of Article XXVII-A,
23the department designated to abate public nuisances shall
24proceed as follows:

25(1) The report to the designated department that the board
26of health has determined that public nuisance exists shall be
27deemed a determination by the designated department that a
28public nuisance exists as required by section 2702-A(d)(1).

29(2) Summary abatement, if requested by the board of health,
30shall be pursued if the designated department finds that the

1criteria set forth in section 2702-A(d)(2) exists.

2(3) If summary abatement is not pursued, the designated
3department shall proceed with abatement with prior notice in
4accordance with Article XXVII-A.

5Section 171. Sections 2322, 2323 and 2324 of the act are
6repealed:

7[Section 2322. Contents of Notice.--The notice of the
8board's order shall clearly specify:

91. The place and manner of the nuisance or anticipated
10nuisance as determined by the board;

112. The nature or condition thereof;

123. The board's order with respect to the nuisance or
13anticipated nuisance;

144. The names of the persons found by the board to be
15responsible therefor or concerned therewith and the name of the
16owner, if any, of the land or premises involved;

175. The date of the board's order and the number of days
18therefrom allowed for compliance with it;

196. The alternative remedy of the board in case of non-
20compliance;

217. Notice that the persons affected thereby may apply,
22within the time set for compliance with the order, to the board
23for a hearing, and may request such stay of execution or
24modification or rescission of the said order as they shall
25believe just and proper;

268. The signature of the president of the board, attested by
27the secretary.

28Section 2323. Hearing; Disposition.--If any person affected
29thereby shall apply for a hearing within the time provided, the
30board shall promptly notify all interested parties of the time

1and place of the hearing. The board shall enter upon its minutes
2such facts and proofs as it may receive, and its proceedings on
3such hearing and thereafter may rescind, modify or reaffirm its
4order and require execution of the original or of a new or
5modified order, as it shall determine and direct. The persons
6affected shall be notified of the board's final order, and
7within ten days from the mailing of such notice may appeal
8therefrom to the court of quarter sessions, which appeal may
9operate as a supersedeas if the court, upon proper cause shown,
10so orders, and provided the appellants post bond, approved by
11the court, for the use of the city, with sufficient surety to
12cover all the expense and costs of executing the board's order.

13Section 2324. Abatement of Public Nuisances by Board of
14Health or City.--In any case where the persons ordered by the
15board of health to abate or prevent a public nuisance or
16anticipated public nuisance refuse or neglect to do so within
17the time specified in the original or any subsequent order of
18the board, then, unless the said order shall have been suspended
19by appeal to the court and proper bond posted, the board may
20direct its health officer and employes to execute the said
21order; or if the execution of the said order requires the
22grading, paving or repaving of private alleys or any similar
23work upon any property whatsoever within the city or any other
24work or service that may best be performed or contracted for by
25the agencies and employes of the city itself, then the board
26shall certify its order to the city council and council shall
27thereupon proceed to cause the execution of the order. In any
28case where the board of health or the council thus abates or
29prevents or causes the abatement or prevention of a public
30nuisance, the cost and expense of such work, services and

1materials shall be charged to the persons affected in their
2proper proportions; and upon non-payment of such charges, the
3city may file a lien therefor upon the affected premises in the
4name of and for the use of the city, as provided by law for
5municipal claims, in addition to the other remedies available
6for the collection of debts due the city. The lien shall attach
7as of the time the work was commenced, which shall be fixed by
8the certificate of the health officer or of the city engineer
9filed with the city clerk.]

10Section 172. Article XXIII subdivision (c) heading of the
11act is reenacted to read:

12(c) Corporations Acting as Boards of Health

13Section 173. Section 2330 of the act is amended to read:

14Section 2330. Board of Directors of Corporation to be
15Appointed Members of Board of Health.--[Whenever any corporation
16not for profit has been or shall hereafter be chartered, whose
17principal corporate purpose is or shall be substantially to
18preserve and promote the health of the public of any city, and
19the control and elimination of disease, and such corporation, in
20the opinion of the council of such city and the State Department
21of Health, shall have at its disposal sufficient means to render
22its assistance of value to the city in the administration of its
23public health affairs, and is properly organized and managed,
24said council may, by ordinance, appoint the members of the board
25of directors for such corporation as the board of health of such
26city for a term of five years. The said board of directors shall
27not be more than nine or less than five in number, and at least
28two of the members shall be reputable physicians with not less
29than five years' experience in the practice of their profession.
30When, by limitation in the charter or by-laws of such

1corporation, the office of any member of the board of directors
2shall terminate, such person's membership in the board of health
3shall also terminate and a vacancy in such membership exist, to
4be filled as hereinafter provided. Whenever the number of
5directors of such corporation shall be increased, subject,
6however, to the aforesaid maximum limitation of nine, the
7council of said city may appoint any person added to the
8corporation's board of directors as an additional member of the
9board of health for a term equal in the unexpired term of the
10other members, subject, also, to termination resulting from
11limitations in the corporation's charter or by-laws as
12aforesaid.] (a) City council may, by ordinance, appoint the 
13members of a board of directors of a nonprofit corporation as 
14the board of health for the city for a term of five years 
15provided that the nonprofit corporation:

16(1) Has as its principal purpose to substantially preserve
17and promote the health of the public of the city and to control
18and eliminate disease.

19(2) Has sufficient means to render valuable assistance to
20the city's public health affairs in the opinion of city council
21and the State Department of Health.

22(3) Is properly organized and managed.

23(4) Has no fewer than five and no more than nine members on
24the board of directors.

25(5) Has at least two reputable physicians on the board with
26each having no less than five years' experience in the practice
27of the physician's profession.

28(b) When the office of any member of the board of directors
29terminates pursuant to the nonprofit corporation's charter or
30bylaws, the office of the member of the board of health shall

1also terminate with the resulting vacancy to be filled as
2hereinafter provided.

3(c) If the number of the board of directors of the nonprofit
4corporation increases, subject to the limitation of a maximum of
5nine members, city council may appoint any person added to the
6corporation's board of directors as an additional member of the
7board of health for a term equal to the unexpired term of the
8other members. This additional appointment shall be subject to
9any subsequent termination resulting from a limitation in the
10corporation's charter and bylaws.

11Section 174. Section 2331 of the act is repealed:

12[Section 2331. Councilmen and School Directors Eligible for
13Appointment.--Members of council of such city, not more than two
14in number, and one member of the board of directors of the
15school district of such city, if they are also members of the
16board of directors of said corporation, shall be eligible to
17appointment as members of the board of health of said city.]

18Section 175. Sections 2332, 2333, 2334 and 2335 of the act 
19are amended to read:

20Section 2332. Power of Board.--The board of health [so
21appointed] under this subdivision shall have all the power and
22authority and perform the duties now or hereafter conferred and
23prescribed by law upon boards of health of cities.

24Section 2333. Health Officer.--[If the board of directors of
25such corporation shall employe as manager or chief administrator
26of the activities and operations of the corporation a reputable
27physician of five years' experience in the practice of his
28profession, or in public health work, for a compensation to be
29paid out of the corporation's funds, it shall be lawful for such
30council to appoint such manager or chief administrator as the

1principal health officer of such city, with all the powers and
2authority and duties now or hereafter to be conferred or
3prescribed by law upon principal health officers.] Pursuant to 
4section 2305(b), city council may appoint the manager or chief 
5administrator of a nonprofit corporation as the principal health 
6officer of the city.

7Section 2334. Secretary.--The secretary of the board of
8directors of [such] the nonprofit corporation under this 
9subdivision may serve as secretary of [such] the board of
10health.

11Section 2335. Filling of Vacancies.--[As the five year terms
12of members of such board of health expire, and as vacancies
13therein occur, the council of such city may appoint successors
14to those whose terms shall have so expired for further terms of
15five years, and appoint persons to fill vacancies in both cases
16by selection of the then members of such board of directors,
17including, in the case of vacancies, the persons in the said
18board of directors who may be selected to fill the vacancies
19therein. Such appointment in the case of a vacancy shall be for
20the unexpired portion of the five year term.] City council may 
21appoint successors for vacancies on the board of health that 
22occur as five-year terms of board members expire. The successors 
23shall serve for five-year terms. City council may also appoint 
24successors to vacancies on the board of health that occur for 
25any other reason, but in such case the appointment shall be for 
26the unexpired portion of the five-year term. Successors, whether 
27appointed for a five-year term or the unexpired portion of a 
28five-year term, shall be selected from the members of the 
29nonprofit corporation's board of directors.

30Section 176. Section 2336 of the act is repealed:

1[Section 2336. Appointment and Removal of Health Employes.--
2The council of such city shall, in all cases where possible,
3follow the recommendations of said board of health as to
4appointment and removal of all persons having to do with the
5administration of the public health affairs of the city. Such
6appointees shall be required to pass any civil service
7examination required by any civil service commission lawfully
8established in such city.]

9Section 177. Section 2337 of the act is amended to read:

10Section 2337. No Compensation for Members.--The members of
11[such] the board of health under this subdivision shall serve
12without compensation from the city. [This subdivision (c) shall
13be effective only under the circumstances set forth in section
14two thousand three hundred and thirty.]

15Section 178. The act is amended by adding a section to read:

16Section 2338. Applicability of Subdivision.--This
17subdivision (c) shall be effective only under the circumstances
18set forth in section 2330.

19Section 179. Article XXIII subdivision (d) heading of the
20act is amended to read:

21(d) [Penalties] Penalty

22Section 180. Section 2340 of the act is amended to read:

23Section 2340. Penalty.--Any person violating any provision
24of this article or any order or regulation of the board of
25health made under the authority of this article, or of any law, 
26or regulation or ordinance therein referred to or authorized, or
27who shall obstruct or interfere with any person in the execution
28of any order or regulation of [said] the board, or wilfully and
29illegally omit to obey any [such] order[, shall be guilty of] or 
30regulation of the board commits a [misdemeanor, and, upon

1conviction, shall be sentenced to pay a fine not exceeding one
2hundred dollars, or undergo imprisonment not exceeding ninety
3days, or both, at the discretion of the court] summary offense 
4punishable in accordance with sections 1018.16 and 1018.17.

5Section 181. Article XXIV heading of the act is reenacted to
6read:

7ARTICLE XXIV

8CORPORATE POWERS

9Section 182. Section 2401 of the act is repealed:

10[Section 2401. Existing Powers Saved.--The corporate powers
11and the duties of the officers of cities, now in existence by
12virtue of the laws of the Commonwealth, and not repealed by this
13act, shall be and remain as now provided by law.]

14Section 183. Section 2402 of the act is amended to read:

15Section 2402. Powers of [City] Cities.--(a) Each city is
16hereby declared to be a body corporate and politic, and shall
17have perpetual succession, and may:

181. Sue and be sued;

19[2. Purchase and hold real and personal property for the use
20of the city;

213. Lease, sell and convey any real or personal property
22owned by the city, and make such order respecting the same as
23may be conducive to the interests of the city;

244. Make all contracts, and do all other acts in relation to
25the property and affairs of the city necessary to the exercise
26of its corporate or administrative powers;

275] 2. Have and use a corporate seal, and alter the same at
28pleasure. Every such seal shall have upon it the word
29"Pennsylvania," the name of the city, and the year of its
30original incorporation;

1[6] 3. Display the flag of the United States, the
2Commonwealth or of any county, city, borough or other
3municipality in the Commonwealth on the public buildings of the
4city.

5[7. To appropriate] 4. Appropriate money for the exercise
6of powers expressed or implied in this act or any other
7applicable law, and for like uses to accept gifts or grants of
8money, other property or services from public or private
9sources.

10(b) The powers [hereby] granted in this act shall be
11exercised [by the mayor and councilmen] in the manner herein
12provided.

13Section 184. Section 2402.1 of the act, added September 21,
141959 (P.L.922, No.370), is amended to read:

15Section 2402.1. [Sale of Real Estate.--The title to real
16estate sold by any city after June 28, 1947, if the sale was
17authorized by an ordinance or resolution of the city council of
18said city, and not attacked in any proceeding instituted within
19six years of the effective date of this amendment and the title
20to real estate sold after the effective date of this amendment,
21if the sale was authorized by an ordinance or resolution of the
22city council of said city and is not attached in any proceeding
23instituted within six years after date of such sale, is hereby
24declared to be good and valid and free and clear of any defects
25and any such person who is grantee thereunder, and his heirs,
26successors and assigns, shall hold and may convey such real
27estate and all conveyances made after June 28, 1947, are hereby
28ratified and confirmed. Nothing in this section shall be
29construed to apply to property which the city acquired other
30than by purchase.] City Property and Affairs.--(a) In 

1exercising its discretion to make decisions that further the 
2public interest under terms it deems most beneficial to the 
3city, council shall have the power and authority, subject to any 
4restrictions, limitations or exceptions as set forth in this 
5act, to do any of the following:

6(1) Purchase, hold, use and manage real and personal
7property.

8(2) Exchange personal property.

9(3) Lease, sell and convey real and personal property owned
10by the city.

11(4) Make contracts and do all other acts respecting city
12property and affairs as council may deem conducive to the public
13interest and necessary to the exercise of the city's corporate
14and administrative powers.

15(b) No real estate owned by the city may be sold except upon
16approval of council by resolution. Additionally, no real estate
17owned by the city shall be sold for a consideration in excess of
18one thousand five hundred dollars, except to the highest bidder
19after due notice by advertisement for bids or advertisement of a
20public auction in one newspaper of general circulation in the
21city. The advertisement shall be published once not less than
22ten days prior to the date fixed for the opening of bids or
23public auction, and the date for opening bids or public auction
24shall be announced in the advertisement. The award of contracts
25shall be made only by public announcement at a regular or
26special meeting of council or at the public auction. All bids
27shall be accepted on the condition that payment of the purchase
28price in full shall be made within sixty days of the acceptance
29of bids. The city council shall have the authority to reject all
30bids which it deems to be less than the fair market value of the

1real property. In the case of a public auction, the city council
2may establish a minimum bid based on the fair market value of
3the real property. If no compliant bids are received after
4advertisement, the applicable procedures in the act of October
527, 1979 (P.L.241, No.78), entitled, as amended, "An act
6authorizing political subdivisions, municipality authorities and
7transportation authorities to enter into contracts for the
8purchase of goods and the sale of real and personal property
9where no bids are received," shall be followed. Real estate
10owned by a city may be sold at a consideration of one thousand
11five hundred dollars or less without advertisement or
12competitive bidding only after council estimates the value
13thereof upon receipt of an appraisal by a qualified real estate
14appraiser. This section shall not apply if council is exercising
15its authority to exchange city real property for real property
16of equal or greater value, provided that the property being
17acquired by the city is to be used for municipal purposes. If
18council chooses to exercise its power of real property exchange
19pursuant to this section, it shall be by resolution adopted by
20council. Notice of the resolution, including a description of
21the properties to be exchanged, shall be published once in one
22newspaper of general circulation not more than sixty days nor
23fewer than seven days prior to adoption.

24(c) No city personal property shall be disposed of, by sale
25or otherwise, except upon approval of council by resolution.
26Council shall estimate the sale value of the entire lot to be
27disposed of. If council shall estimate the sale value to be less
28than one thousand dollars, council may sell the property, in
29whole or in part, for the best price or prices obtainable. If
30council shall estimate the sale value to be one thousand dollars

1or more, the entire lot shall be advertised for sale in
2accordance with the provisions of section 109, and sale of the
3property advertised shall be made to the best responsible
4bidder. The bids shall not be opened until at least ten days
5after the newspaper advertisement. The provisions of this
6subsection shall not be mandatory where city personal property
7is to be traded in or exchanged for other personal property.
8Council may sell any personal property at auction pursuant to
9subsection (d), but shall observe the same notice requirements
10as contained in this subsection.

11(d) In regards to the sale of personal property of the city,
12an auction may be conducted by means of an online or electronic
13auction sale. During an electronic auction sale, bids shall be
14accepted electronically at the time and in the manner designated
15in the advertisement pursuant to the notice requirements in
16subsection (c). During the electronic auction, each bidder shall
17have the capability to view the bidder's bid rank or the high
18bid price. Bidders may increase their bid prices during the
19electronic auction. The record of the electronic auction shall
20be accessible for public inspection. The purchase price shall be
21paid by the high bidder immediately or at a reasonable time
22after the conclusion of the electronic auction as determined by
23council. In the event that shipping costs are incurred, they
24shall be paid by the high bidder. A city that has complied with
25the advertising requirements of subsection (c) may provide
26additional public notice of the sale by bids or auction in any
27manner deemed appropriate by council. The newspaper
28advertisement for electronic auction sales authorized in this
29section shall include the Internet address or means of accessing
30the electronic auction and the date, time and duration of the

1electronic auction.

2(e) Any requirement for advertising for bids and sale to the
3highest bidder imposed by this act or by a city pursuant to this
4section shall not apply where city real or personal property is
5sold to the following, provided that when any real property is
6no longer used for the purpose of the conveyance, the real
7property shall revert to the city:

8(1) The Federal Government, the Commonwealth, a
9municipality, home rule municipality, institution district or
10school district.

11(2) A volunteer fire company, volunteer ambulance service or
12volunteer rescue squad located within the city or providing
13emergency services in the city.

14(3) A municipal authority, a housing authority created
15pursuant to the act of May 28, 1937 (P.L.955, No.265), known as
16the "Housing Authorities Law," an urban redevelopment authority
17created pursuant to the act of May 24, 1945 (P.L.991, No.385),
18known as the "Urban Redevelopment Law," a parking authority
19created under 53 Pa.C.S. Ch. 55 (relating to parking
20authorities) or under the former act of June 5, 1947 (P.L.458,
21No.208), known as the "Parking Authority Law," or a port
22authority pursuant to the act of December 6, 1972 (P.L.1392,
23No.298), known as the "Third Class City Port Authority Act."

24(4) A nonprofit corporation engaged in community industrial
25development.

26(5) A nonprofit corporation organized as a public library.

27(6) A nonprofit medical service corporation.

28(7) A nonprofit housing corporation.

29(8) A nonprofit museum or historical organization.

30(f) When real or personal property is sold pursuant to

1subsection (e)(5), (6) or (7), the city may accept such nominal
2consideration as it shall deem appropriate.

3Section 185. Section 2402.2 of the act, amended July 31,
41968 (P.L.943, No.290), is repealed:

5[Section 2402.2. Typewritten, Printed, Photostated and
6Microfilmed Records Valid; Recording or Transcribing Records.--
7All city records, required to be recorded or transcribed, shall
8be deemed valid if typewritten, printed, photostated or
9microfilmed, and where recording in a specified book of record
10is required, except minutes of the proceedings of the council,
11such records may be recorded or transcribed in a mechanical or
12key-operated post binder book, or bound book with pages being
13consecutively numbered by transcribing directly upon the pages
14of such book of record or may be attached to such book of record
15by stapling or by glue or any other adhesive substance or
16material, and all records heretofore recorded or transcribed in
17any manner authorized by this section are validated. The minutes
18of proceedings of the council shall, in the manner prescribed by
19this section for other records, be recorded in a bound book.
20When any record shall be recorded or transcribed after the
21effective date of this amendment by attaching such record or a
22copy thereof to the book of record as hereinabove provided, the
23city seal shall be impressed upon each page to which such record
24is attached, each impression thereof covering both a portion of
25the attached record and a portion of the page of the book of
26record to which such record is attached.]

27Section 186. Section 2403 of the act, amended August 24,
281953 (P.L.1337, No.380), May 20, 1957 (P.L.178, No.86), June 20,
291957 (P.L.346, No.188), June 24, 1959 (P.L.482, No.108), June
3030, 1959 (P.L.496, No.121), May 23, 1961 (P.L.216, No.116), June

114, 1961 (P.L.370, No.204), June 8, 1965 (P.L.104, No.72),
2December 16, 1965 (P.L.1120, No.434), November 24, 1967
3(P.L.618, No.280), February 24, 1970 (P.L.63, No.27), March 25,
41970 (P.L.225, No.92), July 29, 1971 (P.L.250, No.61), October
54, 1978 (P.L.950, No.188), October 5, 1979 (P.L.195, No.64),
6November 1, 1979 (P.L.455, No.92), December 21, 1998 (P.L.1013,
7No.135) and June 27, 2008 (P.L.196, No.31) and repealed in part
8November 26, 1978 (P.L.1399, No.330), is amended to read:

9Section 2403. [Specific Powers.--In addition to other powers
10granted by this act, the council of each city shall have power,
11by ordinance:

121.] Payment of Debts and Expenses.--[To] Council may provide
13for the payment of the debts and expenses of the city, and to
14appropriate money therefor.

15[1.1. Creation of Capital Reserve Fund for Anticipated
16Capital Expenditures.--To create and maintain a separate capital
17reserve fund for any anticipated legal capital expenditures,
18which fund shall be designated for a specific purpose or
19purposes at the time of its creation. The money in the fund
20shall be used, from time to time, for the construction, purchase
21or replacement of or addition to municipal buildings, equipment,
22machinery, motor vehicles or other capital assets of the city as
23specified at the time of the creation of the fund and for no
24other purpose: Provided, That it may be used for capital
25expenditure other than the purpose or purposes specified at the
26time it was created, if city council by a four-fifths vote shall
27declare that the original purpose or purposes have become
28impracticable, inadvisable or impossible, or that conditions
29have arisen in the city which make other capital expenditures
30more urgent than those for which the fund was created.

1The council may appropriate moneys from the general city
2funds to be paid into the capital reserve fund, or place in the
3fund any moneys received from the sale, lease or other
4disposition of any city property or from any other source unless
5received or acquired for a particular purpose. The fund shall be
6controlled, invested, reinvested and administered and the moneys
7therein and income from such moneys expended for the specific
8purpose or purposes for which the fund is created in such manner
9as may be determined by the council. The money in the fund, when
10invested, shall be invested in securities designated by law as
11legal investments for sinking funds of municipalities.

122. Hiring of Employes; Salaries.--To provide for and
13regulate the manner of hiring and discharging employes and
14laborers, and the fixing of their salaries or compensation.

153. Creation of Necessary Offices, Boards or Departments.--To
16create any office, public board, or department which it may deem
17necessary for the good government and interests of the city,
18and, unless otherwise provided by this act, appoint the members
19of any board, bureau or commission; to prescribe the powers
20thereof, and to regulate and prescribe the terms, duties and
21compensation of all such officers, and of all officers who are
22members of any public board or any department so created, but no
23ordinance shall be passed increasing or diminishing the salary
24or compensation of any officer, or of any member of any board,
25bureau or commission, after his or their appointment. The
26provisions of this clause as to the creation of any public
27board, bureau or commission, and prescribing the duties thereof,
28shall not apply to the creation of any board of commissioners of
29water-works of any city wherein the title to the water-works
30therein located is in the name of the commissioners of water-

1works.

24. Lock-ups and Police Stations.--To provide for the
3erection, lease or purchase of lock-ups and police stations for
4the detention and confinement of persons arrested for any cause,
5or of persons convicted under city ordinances and sentenced for
6periods not in excess of ten days.

75. Market Houses and Milk Depots.--To purchase, lease and
8own ground for, and to erect, maintain, and establish, market
9houses, milk depots, and market places, for which latter purpose
10parts of any streets, sidewalks or city property may be
11temporarily used; to provide and enforce suitable general market
12regulations; to contract with any person or persons or
13association of persons, companies, or corporations, for the
14erection and regulation of market houses, milk depots, and
15market places, on such terms and conditions and in such manner
16as the council may prescribe; to raise all necessary revenue
17therefor as herein provided; and to levy and collect a license
18tax from every person or persons who may be authorized by
19council to occupy any portion of the streets, sidewalks or city
20property for temporary market purposes.

216. Collection and Removal of Garbage.--To provide for and
22regulate the collection, removal and disposal of garbage, ashes
23and other waste or refuse material, either by contract or by
24municipal conduct of such services, and to impose and collect,
25by lien or otherwise, reasonable fees and charges therefor, and
26to prescribe fines and penalties for the violation of ordinances
27regulating such matters.

287. Comfort and Waiting Stations and Drinking Fountains;
29Waiting Rooms in Court Houses.--To take, purchase or acquire,
30property for the purpose of erecting, providing, maintaining,

1and operating thereon comfort stations, waiting stations and
2drinking fountains; and to construct and maintain such stations
3and fountains on such property or in any of the streets or
4public places within its corporate limits; to provide and equip
5and maintain in the court house, in cooperation with the county
6commissioners of the county wherein the city is situated,
7whenever such city is the county seat, rest or waiting rooms and
8provide attendants therefor. The cost of providing such waiting
9and rest rooms, and of maintaining the same, including salaries
10and all incidental expenses, shall be paid by the county, and by
11the city, in such proportion as may be agreed upon.

128. Running at Large of Animals, Et Cetera.--To provide for
13the erection of all needful pens, pounds, and other means of
14confinement, within or without the city limits; to appoint
15keepers thereof; and to regulate or prohibit the running or
16being at large of stock and domestic animals, and fowls; and to
17cause such as may be at large to be impounded and sold to
18discharge the costs and penalties provided for the violations of
19such prohibitions and the expenses of impounding and of keeping
20the same and of such sale. To regulate the maintaining and care
21of dogs within the city. To regulate or prohibit the keeping of
22bee hives within the city.

239. Destruction of Dogs.--To destroy dogs found at large
24contrary to the laws of the Commonwealth, or to prohibit or
25regulate, by its own ordinance, the running at large of dogs,
26cats or other animals, and, in the enforcement of such
27regulations, to direct the killing of dogs, cats or other
28animals, or their seizure and detention, including reasonable
29charges therefor, or to provide for their sale for the benefit
30of the city. The powers herein expressed shall be exercised in

1conformity with the Dog Law of 1921.

210. Inspection and Regulation of Fireplaces, Chimneys, Et
3Cetera; Smoke Regulations.--To regulate the construction and
4inspection of fireplaces, chimneys, stoves, stovepipes, ovens,
5boilers, kettles, forges, or any apparatus used in any building,
6manufactory, or business, and to order the suppression or
7cleaning thereof when deemed necessary; to regulate and control
8the production and emission of unnecessary smoke or fly-ash from
9any chimney or other source, except railroad locomotives.

1011. Manufacture, Sale, Storage and Transportation of
11Explosives; Offensive Business.--To regulate or prohibit the
12manufacture, sale, storage, or transportation of inflammable or
13explosive substances within the city, and to regulate or
14prohibit dangerous, obnoxious, or offensive business with the
15city.

1612. Regulation of Division Fences, Party Walls,
17Foundations.--To provide regulations for party walls and
18division fences and for the foundations of buildings, to enter
19upon the land or lands, lot or lots, of any person or persons,
20within the city, at all reasonable hours, by its duly appointed
21city engineer, or building inspectors, in order to enforce such
22regulations and set out foundations; and to prescribe reasonable
23fees for the service of city officers in the inspection and
24regulation of party walls, division fences and foundations, and
25to enforce the payment of the same. To provide fines or
26penalties for violations of such regulations. In setting out
27foundations and regulating party walls as to breadth and
28thickness, the city shall cause the foundations to be laid
29equally upon the lands of the persons between whom the party
30wall is to be made, and the builder thereof or his successor in

1interest shall be reimbursed one moiety of the charge of said
2wall or for so much thereof as the next builder shall have
3occasion to make use of before such next builder shall or may
4use or break into said wall.

513. Public Wells, Cisterns, Aqueducts, and Reservoirs.--To
6establish, make, and regulate public wells, cisterns, aqueducts,
7and reservoirs, and to provide for filling the same.

814. Construction of Levees and Ferries; Deepening of
9Channels.--Subject to the provisions of State law, to provide
10for the construction and maintenance of levees and ferries
11within the jurisdiction of the city and within the limits
12thereof; to erect wharves on navigable waters adjacent to the
13city, regulate the use thereof, collect wharfage, and establish
14wharf and dock lines; to provide for protection against floods;
15to construct and maintain docks, retaining walls, dams, or
16embankments; and to remove obstructions from, deepen and widen
17the channels of rivers and streams flowing through or adjacent
18to the city.

1915. Railroad Crossing; Flagmen; Speed of Locomotives.--
20Subject to the provisions of the Public Utility Law, to provide
21for and require the construction and maintenance of bridges or
22other crossings over or under railroad tracks; and to enter into
23contracts with railroad companies for the construction and
24maintenance of the same; to require the erection of safety-gates
25and the placing of flagmen or warning devices at the
26intersection of railroads with streets; to forbid the
27obstruction of the said crossings by locomotives or railroad
28cars; and to regulate the rate of speed at which locomotives,
29cars or trains shall pass upon or across the streets within the
30built-up portions of the city.

115.1. Railroad Companies; Conveyances and Grants of Rights
2of Way.--Subject to the provisions of the Public Utility Law, to
3lease, license or grant rights of way to railroad companies
4through tunnels or over bridges and viaducts, to enter into
5agreements with railroad companies for the maintenance of any
6such tunnels, bridges or viaducts, and to convey such tunnels,
7bridges or viaducts to railroad companies that have paid in part
8for their construction, where legal title to said tunnels,
9bridges or viaducts is not vested in the city but will vest in
10the city by operation of law or under the terms of any contract.

1116. Nuisances and Obstructions.--To prohibit nuisances,
12including, but not limited to, accumulations of garbage and
13rubbish and the storage of abandoned or junked automobiles or
14other vehicles on private or public property, and the carrying
15on of any offensive manufacture or business, and to require the
16removal of any nuisance or dangerous structure from public or
17private places upon notice to the owner, and, upon his default,
18to cause such removal and collect the cost thereof, together
19with a penalty of ten per centum of such cost, from the owner,
20by an action in assumpsit. The cost of removal and the penalty
21may be entered as a lien against such property in accordance
22with existing provisions of law. In the exercise of the powers
23herein conferred, the city may institute proceedings in courts
24of equity.

2517. Regulation of Signs, Porches, Et Cetera.--To regulate,
26by uniform rules and regulations, porches, porticoes, benches,
27doorsteps, railings, bulk, bay or jut windows, areas, cellar
28doors and cellar windows, signs and sign posts, boards, poles or
29frames, awnings, awning posts, or other devices or things,
30projecting over, under, into or otherwise occupying the

1sidewalks or other portion of any of the streets, the building
2of cellars and basement ways and other excavations through or
3under the sidewalks, and boxes, bales, barrels, hogsheads,
4crates, or articles of merchandise, lumber, coal, wood, ashes,
5building materials, or any other article or thing whatsoever,
6placed in or upon any of the said sidewalks or other portion of
7said streets; and also to prevent and require or cause the
8removal of, upon notice, all encroachments thereon. In the
9exercise of the powers herein conferred, the city shall have the
10same remedies, penalties and procedures as are expressed in
11clause 16 of this article.

1218. Trees.--To regulate the planting, trimming, care and
13protection of shade trees in or extending over the streets.

1419. Numbering of Buildings.--To require and regulate the
15numbering of buildings and lots.

1620. Cab-stands.--To establish stands for coaches, cabs,
17omnibuses, carriages, wagons, automobiles, and other vehicles
18for hire, and to enforce the observance and use thereof.

1921. Police Force.--To establish and maintain a police force,
20and define the duties of the same.

2122. Police Protection, Et Cetera, Parks, Et Cetera;
22Commitment of Professional Thieves.--To establish and enforce
23suitable police regulations for the protection of persons and
24property at public squares, parks, depots, depot grounds, and
25other places of public resort, owned, controlled or managed by
26the city or an agency or bureau thereof, whether within or
27without the city, in whole or in part, and for the arrest and
28commitment of professional thieves, and suspicious persons found
29in any part of the city who can give no reasonable account of
30themselves. The mayor or any alderman of the city shall have

1jurisdiction to hear and determine violations of such ordinances
2and to impose any judgment or penalty therefor as provided in
3such ordinances.

423. Rewards for Apprehension of Certain Criminals.--To offer
5rewards for the arrest and conviction of persons guilty of
6capital or other crimes within the city.

724. Gaming, Prostitution, Et Cetera.--To restrain, prohibit,
8and suppress houses of prostitution, gambling houses, gaming,
9cock or dog fighting, and other disorderly or unlawful
10establishments or practices, desecration of the Sabbath day,
11commonly called Sunday, and all kinds of public indecencies.

1225. Prevent Riots.--To prevent and restrain riots, noises,
13disturbances, or disorderly assemblies in any street, house, or
14place in the city.

1526. Regulate Guns, Et Cetera.--To regulate, prohibit, and
16prevent the discharge of guns, rockets, powder, or any other
17dangerous instrument or combustible material within the city,
18and to prevent the carrying of concealed deadly weapons.

1927. Sale and Use of Fireworks.--To regulate or prohibit and
20prevent the sale, use and discharge of fireworks, firecrackers,
21sparklers, and other pyrotechnics.

2228. Arrest of Vagrants.--To arrest, fine, or set at work on
23the streets, or elsewhere, all vagrants found in said city.

2429. Racing; Dangerous Practices; Et Cetera.--To prevent the
25racing of horses, cars and other vehicles, fast driving or
26riding in the streets or public places in the city, and all
27games, practices, or amusements, therein likely to result in
28danger or damages to any person or property.

2930. Riding or Driving on Sidewalks.--To prevent or regulate
30the riding or driving of animals, or the passage of any vehicle

1over, along and across sidewalks, and to regulate the passing of
2the same through the streets.

331. Regulations of Skating-Rinks, Theatres, Et Cetera.--
4Subject to the provisions of general laws of the Commonwealth
5regarding the same, to regulate all skating-rinks, operas,
6theatres, concerts, shows, circuses, menageries, and all kinds
7of public exhibitions for pay (except those for religious,
8educational or charitable purposes); and to restrain and
9prohibit, under fines or penalties, all exhibitions of indecent
10or immoral character.

1132. Bathing; Boat Houses and Bath Houses.--To regulate the
12time and place of bathing in rivers and other public water in
13and adjoining the said city, and to construct, maintain and
14manage municipal boat houses and bath houses.

1533. Prohibition of Fire Producing Devices in Certain Retail
16Stores.--To prohibit the smoking or carrying of lighted
17cigarettes, cigars, pipes or matches, and the use of matches or
18fire producing devices, in retail stores arranged to accommodate
19one hundred persons or more, or which employ ten or more
20employes: Provided, That any such ordinance passed under this
21provision shall not prohibit smoking in any restaurant room,
22rest room, beauty parlor, executive office, or any room
23designated for smoking in such store. To provide penalties for
24the violation of such ordinances.

2534. Appropriations to Post of Veterans.--To appropriate
26annually to each camp of the United States War Veterans in the
27city, and to each post of the American Legion, and to each post
28of the Veterans of Foreign Wars, and to each post of the
29Veterans of World War I of the U. S. A., Inc., and to each post
30of the American Veterans of World War II (AMVETS), to each post

1of the Catholic War Veterans, Inc., and to each detachment of
2the Marine Corps League, and to each Naval Association, and to
3each post of the Grand Army of the Republic, and to each post of
4the Disabled American Veterans of the World War, and to each
5chapter of the Military Order of the Purple Heart, and to each
6post of the Jewish War Veterans, and to each organization of
7American Gold Star Mothers, and to each post of the Italian
8American War Veterans of the United States, Incorporated, and to
9any other such organization of ex-service persons in the city,
10incorporated under the laws of the Commonwealth, a sum not to
11exceed three hundred dollars, to aid in defraying the expenses
12of Memorial Day and Armistice Day. Where the Grand Army of the
13Republic has ceased to exist or to function, such appropriation
14may be made to the Sons of Union Veterans of the Civil War, or,
15in the absence of such order, to a duly constituted organization
16which conducts the decorating of the graves of Union veterans of
17the Civil War. Such payments shall be made to defray actual
18expenses only. Before any payment is made, the organization
19receiving the same shall submit verified accounts of their
20expenditures.

2135. Support of National Guard Units.--To appropriate
22annually a sum not exceeding seven hundred and fifty dollars for
23the support and maintenance, discipline and training of any
24dismounted company or similar unit of the National Guard, and a
25sum not to exceed fifteen hundred dollars for the support and
26maintenance of any mounted or motorized troop or similar unit of
27the National Guard. Where such units are organized as a
28battalion, regiment or similar organization, the total amount
29due may be paid to the commanding officer of the battalion,
30regiment or similar organization. Any moneys so appropriated

1shall be paid by warrant drawn to the order of the commanding
2officer of such company, battalion, regiment or similar
3organization, only when it shall be certified to the city, by
4the Adjutant General of the Commonwealth, that the said company
5or companies have satisfactorily passed the annual inspection
6provided by law. The moneys so appropriated shall be used and
7expended solely and exclusively for the support and maintenance,
8discipline and training of the said company, battalion,
9regiment, or similar organization; and the commanding officer
10shall account, by proper vouchers to the said city each year,
11for the expenditure of the money so appropriated, and no
12appropriation shall be made for any subsequent year until the
13expenditure of the previous year is duly and satisfactorily
14accounted for.

15The accounts of such expenditures shall be subject to the
16inspection of the Department of Military Affairs, and shall be
17audited by the city controller in the manner provided by this
18act for the audit of accounts of city moneys.

1936. Appropriation of Money, Et Cetera, to Assist in Erection
20of Armories.--To appropriate money or convey land, either
21independently or in conjunction with any other political
22subdivision, to the Commonwealth, for the purpose of assisting
23the Armory Board of the State of Pennsylvania in the erection of
24armories for the use of the National Guard, and to furnish
25water, sewer services, light, or fuel free of cost to the
26Commonwealth for use in any armory of the National Guard; and to
27do all things necessary to accomplish the purpose of this
28clause.

2937. Eminent Domain for National Guard Purposes.--To take, by
30right of eminent domain, for the purpose of appropriating to

1itself for the use of the National Guard of Pennsylvania, such
2public lands, easments, and public property as may be in its
3possession or control and used or held by it for any other
4purpose. Such right, however, shall not be exercised as to any
5street or wharf.

638. Lands for Armory Purposes.--To acquire, by purchase or
7by gift, or by the right of eminent domain, any land for the use
8of the National Guard of Pennsylvania; and to convey such lands
9so acquired to the Commonwealth in order to assist the Armory
10Board in the erection of armories. The power conferred by this
11clause shall not be exercised to take any church property,
12grave-yard, or cemetery. Lands within three miles outside the
13limits of the city may be acquired in like manner for the use of
14the National Guard.

1539. Purchase of Burial Grounds for Deceased Service
16Persons.--To appropriate money for and purchase plots of ground
17in any cemetery or burial ground, within their respective
18limits, for the interment of such deceased service persons as
19shall hereafter die within such city, or shall die beyond such
20city and shall have a legal residence within such city at the
21time of their death, and whose bodies are entitled to be buried
22by the county under the provisions of existing laws.

2340. Payment of Rent for Veterans' Organizations.--By a two-
24third vote of the council, to appropriate money to any
25incorporated organization of veterans of any war in which the
26United States was engaged, to be used in the payment of the rent
27of any building or rooms in which such organization has its
28regular meetings.

2941. Rooms for Meetings of Veterans.--To furnish, upon
30application, to each organization composed of veterans of the

1Civil War, veterans of the Spanish American War, veterans of the
2World War or World War II, veterans of any foreign war, and
3children of veterans, a room or rooms in any public building of
4such city, sufficient for the meeting of each of such
5organizations at least once each month.

642. Care of Memorials.--To take charge of, care for,
7maintain, and keep in good order and repair, at the expense of
8the city, any soldiers' monument, gun or carriage, or similar
9memorial, situate in the city, and not in the charge or care of
10any person, body, or organization, and not put up or placed by
11the Government of the United States, the Commonwealth of
12Pennsylvania, the commissioners of the county, or by the
13direction or authority of any other state of the Union, and to
14receive from any person or organization any moneys or funds
15which can be used for the benefit of such memorials, and to
16expend the same.

1743. Manufacture and Sale of Ice.--To manufacture ice, and to
18sell the same to the inhabitants of the city at such rates as
19shall be fixed by ordinance, and to erect, equip, and maintain
20such buildings and other structures, and purchase or hire and
21maintain such vehicles, as may be deemed necessary for such
22purpose.

2344. Inspection of Milk.--To provide for the inspection of
24milk sold or consumed within the city and milk depots, and
25dairies which offer milk or milk products for retail sale within
26the city, under such rules and regulations as will protect the
27people from adulteration and dilution of the same.

2845. Municipal Music.--To appropriate money to defray the
29expenses of musical entertainments held under the auspices of
30the city, and for the purpose of having music in any public park

1or place.

246. Regulation and Licensing of Auction Sales.--To regulate
3and license sales of merchandise at public auction, other than
4judicial sales, sales by executors or administrators, or sales
5by or in behalf of licensed pawnbrokers of unredeemed pledges in
6the manner provided by law.

747. Aid to Historical Societies.--To make annual
8appropriations not exceeding one thousand dollars for the
9support and maintenance of the principal historical society
10located therein, which shall be incorporated under the laws of
11the Commonwealth, shall maintain permanent quarters and shall
12keep the same open to the public, shall have a membership of at
13least one hundred persons who have paid into the treasury of the
14society a membership fee of at least two dollars for the support
15of the society, shall hold, annually, at least two regular
16meetings that shall be open to the public, and shall at all
17times maintain facilities for the free storage, deposit, and
18inspection of official documents and records of the city, and
19other proper public or historical archives and records.

2048. Establishment of Institutions to Collect Educational
21Collections.--To establish institutions authorized to collect
22and hold certain scientific, educational and economic
23collections, the object of each being the instruction of the
24public concerning commerce, manufacturing, mining, and
25agriculture; said institutions to have power to purchase or
26accept by gift any real estate, money, or personal property
27necessary for their use and promotion, and power to use, convey,
28or transfer the same, as if they were bodies corporate, to be
29governed by boards of trustees, nominated, appointed, and
30confirmed in such manner as council may determine.

149. Sprinkling of Streets.--To cause any street, or part
2thereof, not less than one block, to be sprinkled with water or,
3if such street is paved, to be cleaned during such time as it
4may be necessary, at the expense of the owners of property
5abutting upon the same. Upon the petition of the owners of such
6property, who shall represent a majority of the feet front on
7the street or part thereof, it shall be the duty of council to
8cause such sprinkling or cleaning to be done at the expense of
9the owners of property abutting thereon. Council may cause such
10sprinkling to be done with the water of the city, when water
11works are owned or operated by the city, and the sprinkling
12carts and apparatus owned by the city, or may contract for the
13use of said carts and apparatus with the lowest responsible
14bidder.

1550. Electric Wires may be Placed Underground in Certain
16Districts.--To define a reasonable district within which all
17electric light wires, telephone and telegraph wires shall be
18placed under ground in conduits owned and constructed either by
19the municipality or by corporations owning such wires, or by
20corporations organized for the purpose of laying such conduits
21and renting space therein. In all cases in which such conduits
22are owned by any private corporation, partnership, or
23individual, there shall be reserved to the city, whether
24expressed in the ordinance or not, the right to regulate, by
25ordinance, the manner in which such conduit shall be used, and
26the terms and conditions of such use, and also the right to take
27such conduits, either by purchase, upon agreement of the owners
28thereof and the city, or by condemnation proceedings; in which
29latter case the proceedings for the assessment of damages shall
30be the same as provided in this act for property taken, injured

1or destroyed.

2The court of quarter sessions upon the appeal of any person
3may review any ordinance passed in pursuance of this clause, and
4may annul such ordinance if deemed unreasonable, capricious or
5arbitrary, such appeal to be taken within thirty days from the
6approval of such ordinance.

751. Ambulances and Service; Maintenance.--To acquire, by
8purchase, gift or bequest, or to operate and maintain ambulances
9or ambulance service for the purposes of conveying sick and
10injured persons in the city and the vicinity to and from
11hospitals, or in lieu thereof, to hire a private ambulance
12service, and, for such purposes, to appropriate and expend
13moneys of the city; or to appropriate money annually toward a
14nonprofit community ambulance service. All appropriations of
15money heretofore made and contracts for hire of private
16ambulance service heretofore entered into by any city are hereby
17validated and confirmed.

1852. Weighing and Measuring of Commodities.--To regulate the
19weighing and measuring of every commodity sold in the city, in
20all cases not otherwise provided for by law, including the
21measuring of gas, water, and electric currents; to provide for
22and regulate the inspection and weighing of hay, grain, and
23coal, and the measuring of wood, bark, and fuel, to be used in
24the city, and to designate the place or places of inspecting and
25weighing the same; to regulate and prescribe the place or places
26for exposing for sale hay, coal, bark and wood; to demand and
27receive reasonable fees for such inspection, weighing and
28measuring; for the regulation and stamping of weights and
29measures; and the regulation and inspection of meters, except as
30otherwise provided by law.

153. Insurance.--To make contracts of insurance with any
2mutual or other fire insurance company, association or exchange,
3duly authorized by law to transact insurance business in the
4Commonwealth of Pennsylvania, on any building or property owned
5by the city.

6To make contracts of insurance with any insurance company, or
7nonprofit hospitalization corporation, or nonprofit medical
8service corporation, authorized to transact insurance business
9within the Commonwealth, insuring its elected or appointed
10officers, officials and employes, or any class or classes
11thereof, or their dependents, under a policy or policies of
12group insurance covering life, health, hospitalization, medical
13service, or accident insurance, and to contract with any such
14company granting annuities or pensions for the pensioning of
15such persons; and, for such purposes, to agree to pay part or
16all of the premiums or charges for carrying such contracts, and
17to appropriate out of its treasury any money necessary to pay
18such premiums or charges, or portions thereof. All contracts
19procured hereunder shall conform and be subject to all the
20provisions of any existing or future laws concerning group
21insurance and group annuity contracts. The proper officer,
22agency, board or commission of the city having authority to
23enter into such contracts of insurance is hereby authorized,
24enabled and permitted to deduct from the officer's or employe's
25pay, salary or compensation, such part of the premium as is
26payable by the officer or employe and as may be so authorized by
27the officer or employe in writing.

2854. Parking Lots.--To acquire by lease, purchase, or
29condemnation proceedings, any land which in the judgment of city
30council may be necessary and desirable for the purpose of

1establishing and maintaining lots for the parking of motor
2vehicles, and for no other use or purpose, and to regulate the
3use thereof and to establish or designate, at the discretion of
4council, areas exclusively reserved for parking by handicapped
5individuals and to post signs regulating such areas.

655. Disorderly Conduct.--To define disorderly conduct within
7the limits of the city and to provide for the imposition of
8penalties for such conduct in such amounts, without limitation
9except as in this act provided, as council shall establish, and
10notwithstanding any statutes of the Commonwealth upon disorderly
11conduct and the penalties therefor.

1256. Official Expenses on City Business.--To make
13appropriations for the reasonable expenses of city officials
14actually incurred in the conduct of city business.

1557. Insurance Against Burglary, Etc.--To insure against
16burglary or theft of city property, or against fire and other
17calamities, and against public liability.

1858. To Provide Against Hazards of War.--To build or
19establish bomb shelters or assist in so doing to provide against
20all hazards of war and their consequences; and for all such
21purposes, to have the power of eminent domain, to cooperate with
22any other unit and agency of government, Federal, State, or
23local, in every lawful way, for purposes of defense and against
24the hazards of war.

2559. Municipality Authorities; Cooperation with Other
26Political Subdivisions.--To form municipality authorities as
27authorized by law. To cooperate with other political
28subdivisions in the conduct of city affairs as authorized by
29law.

3060. Local Self-Government.--In addition to the powers and

1authority vested in each city by the provisions of this act, to
2make and adopt all such ordinances, by-laws, rules and
3regulations, not inconsistent with or restrained by the
4Constitution and laws of this Commonwealth, as may be expedient
5or necessary for the proper management, care and control of the
6city and its finances, and the maintenance of the peace, good
7government, safety and welfare of the city, and its trade,
8commerce and manufactures; and also all such ordinances, by-
9laws, rules and regulations as may be necessary in and to the
10exercise of the powers and authority of local self-government in
11all municipal affairs; and the said ordinances, by-laws, rules
12and regulations to alter, modify, and repeal at pleasure; and to
13enforce all ordinances inflicting penalties upon inhabitants or
14other persons for violations thereof, and impose penalties in
15accordance with section 4131.1: Provided, however, That no
16ordinance, by-law, rule or regulation shall be made or passed
17which contravenes or violates any of the provisions of the
18Constitution of the United States or of this Commonwealth, or of
19any act of Assembly heretofore or that may be hereafter passed
20and in force in said city.

2161. Historical Property.--To acquire by purchase or by gift,
22and to repair, supervise, operate and maintain ancient landmarks
23and other property of historical or antiquarian interest, which
24is either listed in the Catalogue of Historical Sites and
25Buildings in Pennsylvania issued by the Joint State Government
26Commission, or approved for acquisition by the Pennsylvania
27Historical and Museum Commission as having historical
28significance.

2962. Appropriations for Handling, Storage and Distribution of
30Surplus Foods.--The council of any city to which this act

1applies may appropriate from city funds moneys for the handling,
2storage and distribution of surplus foods obtained either
3through a local, State or Federal agency.

4All appropriations of moneys heretofore made by the council
5of any city for the handling, storage and distribution of
6surplus foods obtained, either through a local, State or Federal
7agency, are hereby validated.

863. Junk Dealers and Junk Yards.--To regulate and license
9junk dealers and the establishment and maintenance of junk yards
10and scrap yards including, but not limited to, automobile junk
11or grave yards.

1264. Appropriations for Industrial Promotions.--To make
13appropriations to an industrial development agency as defined in
14section 3, act of May 31, 1956 (P.L.1911), known as the
15"Industrial Development Assistance Law," when the city is
16located within the area for which the agency has been authorized
17to make application to and receive grants from the Department of
18Commerce for the purposes specified in the "Industrial
19Development Assistance Law."

2065. Non-debt Revenue Bonds.--To issue non-debt revenue bonds
21pursuant to provisions of the act of June 25, 1941 (P.L.159),
22known as the "Municipal Borrowing Law," and its amendments, to
23provide sufficient moneys for and toward the acquisition,
24construction, reconstruction, extension or improvement of
25municipal facilities, including water systems or facilities,
26sewers, sewer systems and sewage disposal systems or facilities,
27systems for the treatment or disposal of garbage and refuse,
28buildings, machinery and apparatus for manufacturing and
29distributing electric, gas or light, aeronautical facilities
30including but not limited to airports, terminals and hangars,

1park and recreational facilities, parking lots and public
2auditoriums to be secured solely by the pledge of the whole or
3part of the rent, toll or charge for the use or services of such
4facilities. Included in the cost of the issue may be any costs
5and expenses incident to constructing and financing the
6facilities and selling and distributing the bonds.

766. Appropriations for Urban Common Carrier Mass
8Transportation.--To appropriate funds for urban common carrier
9mass transportation purposes from current revenues and to make
10annual contributions to county departments of transportation or
11to urban common carrier mass transportation authorities to
12assist the departments or the authorities to meet costs of
13operation, maintenance, capital improvements, and debt service,
14and to enter into long-term agreements providing for the payment
15of the said contributions.

1667. Adoption and Amendment of Codes by Reference.--To
17incorporate by reference the provisions of any code or portions
18of any code, or any amendment thereof, properly identified as to
19date and source, without setting forth in full the provisions to
20be adopted: Provided, however, That no portion of any code which
21limits the work to be performed to any type of construction
22contractor, or labor or mechanic classification shall be
23adopted. Not less than three copies of such code, portion, or
24amendment which is incorporated or adopted by reference, shall
25be filed with the clerk of the city and kept with the city
26ordinance book, and available for public use, inspection and
27examination. The filing requirements herein prescribed shall not
28be deemed to be complied with unless the required copies of such
29codes, portion, or amendment or public record are filed with the
30clerk of such city at least ten days before council considers

1the proposed ordinance.

2Any ordinance adopted by reference to any code shall be
3enacted within sixty days after it is filed with the clerk of
4the city, and shall only encompass the provisions of the code
5effective as of the code date stated in the ordinance. Any
6subsequent changes in the code shall be adopted by the city
7before they may become effective as an ordinance of the city.

8Any city that has adopted any code by reference may adopt
9subsequent ordinances which incorporate by reference any
10subsequent changes thereof, properly identified as to date and
11source, as may be adopted by the agency or association which
12promulgated the code.

13Any ordinances which incorporate code amendments by reference
14shall become effective after the same procedure and in the same
15manner as is herein specified for original adoption of any such
16code.

1768. Appropriation for Nonprofit Art Corporation.--To
18appropriate moneys annually, not exceeding an amount equal to
19one mill of the real estate tax to any nonprofit art corporation
20for the conduct of its artistic and cultural activities. For the
21purposes of this section nonprofit art corporation shall mean a
22local arts council, commission or coordinating agency, or any
23other nonprofit corporation engaged in the production or display
24of works of art, including the visual, written or performing
25arts. Artistic and cultural activities shall include the display
26or production of theater, music, dance, painting, architecture,
27sculpture, arts and crafts, photography, film, graphic arts and
28design and creative writing.

2969. Emergency Services.--(a) The city shall be responsible
30for ensuring that fire and emergency medical services are

1provided within the city by the means and to the extent
2determined by the city, including the appropriate financial and
3administrative assistance for these services.

4(b) The city shall consult with fire and emergency medical
5services providers to discuss the emergency services needs of
6the city.

7(c) The city shall require any emergency services
8organizations receiving city funds to provide to the city an
9annual itemized listing of all expenditures of these funds
10before the city may consider budgeting additional funding to the
11organization.]

12Section 187. The act is amended by adding sections to read:

13Section 2404. Creation of Capital and Operating Reserve
14Funds.--(a) Council may create and maintain a separate capital
15reserve fund for any anticipated capital expenses, which fund
16shall be designated for a specific purpose or purposes when
17created. The moneys in the fund shall be used for no other
18purpose unless the council declares that conditions in the city
19make other expenses more urgent than those for which the fund
20was created. Council may appropriate moneys from the general
21city funds to be paid into the capital reserve fund or place in
22the fund any moneys received from the sale, lease or other
23disposition of any city property or from any other source.

24(b) With regard to an operating reserve fund the following
25shall apply:

26(1) Council shall have the power to create and maintain a
27separate operating reserve fund in order to:

28(i) minimize future revenue shortfalls and deficits;

29(ii) provide greater continuity and predictability in the
30funding of vital government services;

1(iii) minimize the need to increase taxes to balance the
2budget in times of fiscal distress; and

3(iv) provide the capacity to undertake long-range financial
4planning and to develop fiscal resources to meet long-term
5needs.

6(2) Council may annually make appropriations from the
7general city fund to the operating reserve fund, but no
8appropriation shall be made to the operating reserve fund if the
9effect of the appropriation would cause the fund to exceed five
10per centum of the estimated revenues of the city's general fund
11in the current fiscal year.

12(3) Council may at any time by resolution make
13appropriations from the operating reserve fund for the following
14purposes only:

15(i) to meet emergencies involving the health, safety or
16welfare of the residents of the city;

17(ii) to counterbalance potential budget deficits resulting
18from shortfalls in anticipated revenues or program receipts from
19whatever source; or

20(iii) to provide for anticipated operating expenditures
21related either to the planned growth of existing projects or
22programs or to the establishment of new projects or programs if,
23for each such project or program, appropriations have been made
24and allocated to a separate restricted account established
25within the operating reserve fund.

26(c) The operating reserve fund shall be invested, reinvested
27and administered in a manner consistent with the provisions of
28this act relating to the investment of city funds generally.

29Section 2405. Hiring of Employes; Salaries.--Council may
30provide for and regulate the manner of hiring and discharging

1employes and the fixing of their salaries or compensation,
2consistent with applicable Federal and State law.

3Section 2406. Creation of Necessary Offices or Boards.--In
4addition to the city departments established in accordance with
5Article XI, council may create any city office, or public board,
6bureau or commission, which it may deem necessary for the good
7government and interests of the city, and, with regard to an
8office or membership on a board, bureau or commission, unless
9otherwise provided by this act, council may make appointments
10thereto and regulate and prescribe the terms, duties and
11compensation thereof.

12Section 2407. Lockups.--(a) Council may provide for lockup
13facilities as deemed necessary for the detention and confinement
14of persons.

15(b) No city shall erect or construct a city jail or lockup,
16or use any existing building or lockup for the first time that
17will be or is located within five hundred feet of any public
18school building.

19Section 2408. Market Places.--Council may:

20(1) Purchase, lease and own ground for market places.

21(2) Erect, maintain, and establish market places.

22(3) Provide for and enforce suitable general market
23regulations.

24(4) Contract with any person or persons or association of
25persons, companies or corporations for the erection and
26regulation of market places, on such terms and conditions and in
27such manner as council may prescribe.

28(5) Levy and collect a license fee from every person or
29persons who may be authorized by council to occupy any portion
30of the streets, sidewalks or city property for temporary market

1purposes.

2Section 2409. Accumulation of Ashes, Garbage, Solid Waste
3and Refuse Materials.--(a) Council in the manner authorized by
4the act of July 7, 1980 (P.L.380, No.97), known as the "Solid
5Waste Management Act," and the act of July 28, 1988 (P.L.556,
6No.101), known as the "Municipal Waste Planning, Recycling and
7Waste Reduction Act," may prohibit accumulations of ashes,
8garbage, solid waste and other refuse materials upon private
9property, including the imposition and collection of reasonable
10fees and charges for the collection, removal and disposal
11thereof.

12(b) Council may collect and remove, by contract or
13otherwise, ashes, garbage, solid waste and other refuse
14materials and recyclables and prescribe penalties for the
15enforcement thereof. Any contract with refuse haulers may be
16made for an initial period not exceeding five years with
17optional renewal periods of up to five years. This limitation
18does not apply to contracts with any other county or municipal
19corporation.

20(c) Council may dispose of, by contract or otherwise, ashes,
21garbage, solid waste or other refuse materials. Any contract
22with the owner of a private facility for the disposal or
23incineration of ashes, garbage, solid waste or other refuse
24materials may be made for a period not exceeding twenty years.
25This limitation does not apply to contracts with any county or
26municipal corporation.

27(d) Council may acquire any real property and erect,
28maintain, improve, operate and lease, either as lessor or
29lessee, facilities for incineration, landfill or other methods
30of disposal, either inside or outside the limits of the city,

1including equipment, either separately or jointly, with any
2county or municipal corporation in order to provide for the
3destruction, collection, removal and disposal of ashes, garbage,
4solid waste or other refuse materials, for the collection and
5storage of recyclable materials or for the composting of leaf
6and yard waste. Council may provide for the payment of the cost
7thereof out of the funds of the city. Council may acquire land
8for landfill purposes, either amicably or by exercising the
9power of eminent domain, and maintain lands and places for the
10dumping of ashes, garbage, solid waste or other refuse
11materials. If council acquires land outside the limits of the
12city by exercising the power of eminent domain, the taking shall
13be subject to the limitations in 26 Pa.C.S. § 206 (relating to
14extraterritorial takings).

15(e) Council may establish, alter, charge and collect rates
16and other charges for the collection, removal and disposal of
17ashes, garbage, solid waste, other refuse materials and
18recyclable materials, and the cost of including the payment of
19any indebtedness incurred for the construction, purchase,
20improvement, repair, maintenance and operation of any facilities
21therefore, and the amount due under any contract with any county
22or municipal corporation furnishing the services or facilities.
23The rates and other charges shall be collected pursuant to the
24Municipal Claim and Tax Lien Law, or by an action in assumpsit.

25(f) Council may make appropriations to any county or
26municipal corporation for the construction, purchase,
27improvement, repair, maintenance and operation of any facilities
28for the collection, removal, disposal or marketing of ashes,
29garbage, solid waste, other refuse materials, recyclable
30materials or composted leaf and yard waste.

1(g) A city shall not be subject to requirements otherwise
2imposed by law for the sale of personal property owned by the
3city when selling recyclable materials or materials separated,
4collected, recovered or created by recycling, as provided in the
5act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding
6the sale of recyclable material from political subdivision
7personal property sale restrictions relating to advertising and
8bidding."

9Section 2410. Regulation of Pets and Feral Animals.--Council
10may, by ordinance, prohibit and regulate the running at large of
11dogs, cats, other pets and feral animals.

12Section 2411. Inspection and Regulation of Fireplaces,
13Chimneys, Et Cetera; Smoke Regulations.--In conformity with
14Federal and State laws and regulations, council may regulate and
15inspect fireplaces, chimneys and other sources of smoke and fly-
16ash to control the production and emission of unnecessary smoke
17and fly-ash.

18Section 2412. Fireworks and Inflammable Articles.--In
19conformity with Federal and State laws and regulations, council
20may:

21(1) Regulate and prohibit the manufacture of fireworks or
22inflammable or dangerous articles.

23(2) Grant permits for supervised public displays of
24fireworks and adopt rules and regulations governing the
25displays.

26(3) Adopt rules and regulations not inconsistent with State
27regulations relating to the storage of inflammable articles.

28(4) Impose other safeguards concerning inflammable articles
29as may be necessary.

30Section 2413. Regulation of Division Fences, Party Walls,

1Foundations.--(a) Subject to the provisions of and regulations
2adopted pursuant to the "Pennsylvania Construction Code Act" and
3other applicable law, council may provide regulations for party
4walls and division fences and for the foundations of buildings,
5and for entering upon the land or lands, lot or lots, of any
6person or persons, within the city, at all reasonable hours, by
7its duly appointed city engineer, or building inspectors, in
8order to enforce the regulations and set out foundations.
9Council may also prescribe reasonable fees for the service of
10city officers in the inspection and regulation of party walls,
11division fences and foundations, and may enforce the payment of
12the same. Council may provide fines or penalties for violations
13of an ordinance enacted pursuant to this section.

14(b) In setting out foundations and regulating party walls as
15to breadth and thickness, the city shall cause the foundations
16to be laid equally upon the lands of the persons between whom
17the party wall is to be made. The cost of the foundation and
18party wall shall be divided proportionately among the property
19owners sharing the same. The property owners shall either share
20the expense when the foundation is laid and the party wall is
21erected, or when the subsequent building is erected if all
22buildings are not erected at the same time.

23Section 2414. Nuisances.--Council may prohibit and abate
24public nuisances in accordance with Article XXVII-A.

25Section 2415. Regulation of Encroachments.--In compliance
26with applicable State laws and city ordinances, council may
27provide for the regulation of all encroachments in, under or
28upon any of the sidewalks or other portion of the streets of the
29city.

30Section 2416. Shade Trees.--(a) Council may, by ordinance,

1regulate the manner and method, if any, for the planting,
2trimming, removing, maintaining and protection of shade trees
3in, on and along or extending over the public streets, sidewalks
4and rights-of-way of the city, and provide for penalties for
5violations thereof. The cost of such activities may, at
6council's discretion, be assessed against the owners of the
7properties abutting the street, sidewalk or right-of-way upon
8which any tree is located pursuant to Article XLV-A, except that
9the cost and expense of caring for trees after they have been
10planted shall be paid by the city.

11(b) Council may, by ordinance, provide for the creation of a
12shade tree commission, its composition, powers and duties and
13delegate council's authority for regulating shade trees to the
14commission. Alternatively, council may delegate its regulatory
15powers for shade trees to an existing department. If a shade
16tree commission is established, its meeting shall be subject to
17the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

18Section 2417. Numbering of Buildings.--Council may require
19and regulate the numbering of buildings and lots.

20Section 2418. Transportation Stands.--Council may establish
21stands for taxis, buses, automobiles, and other vehicles for
22hire, and enforce the observance and use thereof.

23Section 2419. Police Force.--(a) Council shall have the
24power to establish and maintain a police force, and define the
25duties of the same in accordance with Article XX.

26(b) Subject to the requirements of 53 Pa.C.S. Ch. 23 Subch.
27A (relating to intergovernmental cooperation), council shall
28have the power to provide for police services to be performed by
29municipal police officers by contract or by purchase of the
30police services or by joining or developing a consolidated

1regional police service.

2Section 2420. Police Regulations.--Council may establish and
3enforce suitable police regulations for the protection of
4persons and property.

5Section 2421. Rewards.--Council may offer rewards for the
6arrest and conviction of persons guilty of capital or other
7crimes within the city.

8Section 2422. Prevent Riots.--Council may prevent and
9restrain riots, noises, disturbances or disorderly assemblies in
10any street, house or place in the city.

11Section 2423. Regulate Discharge of Guns and Deadly
12Weapons.--To the extent permitted by Federal and other State
13law, council may regulate, prohibit, prevent the discharge of
14guns and prevent the carrying of concealed deadly weapons.

15Section 2424. Racing; Dangerous Practices; Et Cetera.--With
16regard to streets and public places in the city, council may
17regulate or prohibit racing or fast driving of vehicles, and all
18games, practices or amusements likely to result in danger or
19damages to any person or property.

20Section 2425. Bathing; Recreational Swimming Establishments;
21Boat Houses and Bath Houses.--To the extent permitted by the act
22of June 23, 1931 (P.L.899, No.299), known as the "Public Bathing
23Law," council may regulate the time and place of bathing in
24rivers and other public water in and adjoining the city, and may
25construct, maintain and manage municipal boat houses, bath
26houses and recreational swimming establishments.

27Section 2426. Musical Entertainment.--Council may
28appropriate money to defray the expenses of musical
29entertainments held under the auspices of the city, and for the
30purpose of having music in any public park or place.

1Section 2427. Aid to Historical Societies.--Council may make
2annual appropriations for the support and maintenance of the
3principal historical society located in the city, which shall be
4incorporated under the laws of the Commonwealth, shall maintain
5permanent quarters and shall keep the same open to the public.

6Section 2428. Establishment of Institutions to Collect
7Educational Collections.--Council may establish institutions
8authorized to collect and hold certain scientific, educational
9and economic collections, the object of each being the
10instruction of the public concerning commerce, manufacturing,
11mining and agriculture. The institutions may purchase or accept
12by gift any real estate, money or personal property necessary
13for their use and promotion. The institutions may use, convey,
14or transfer the same as if they were bodies corporate, and these
15institutions shall be governed by boards of trustees, nominated,
16appointed and confirmed in the manner council may determine.

17Section 2429. Ambulances and Rescue and Life Saving
18Services.--Council may acquire, operate and maintain motor
19vehicles for the purposes of conveying sick and injured persons
20to and from hospitals, and it may appropriate moneys toward
21ambulance and rescue and life saving services and make contracts
22relating thereto.

23Section 2430. Insurance.--(a) Council, in its discretion,
24or as required by law or a collective bargaining agreement, may
25make contracts of insurance and contracts for annuities or
26pensions, including, but not limited to, the following:

27(1) Contracts of insurance with any mutual or other fire
28insurance company, association or exchange, duly authorized by
29law to transact insurance business in the Commonwealth of
30Pennsylvania, on any building or property owned by the city and

1contracts to insure against burglary or theft of city property,
2or against fire and other calamities, and against public
3liability.

4(2) Contracts of insurance with any insurance company, or
5nonprofit hospitalization corporation, or nonprofit medical
6service corporation, authorized to transact insurance business
7within this Commonwealth, insuring elected or appointed
8officers, officials and employes of the city, or any class or
9classes thereof, or their dependents, under a policy or policies
10of group insurance covering life, health, hospitalization,
11medical service or accident insurance.

12(3) Contracts to purchase annuities or pensions for elected
13or appointed officers, officials and employes, or any class or
14classes thereof.

15(b) In the case of contracts for the benefit of elected or
16appointed officers, officials and employes of the city, or any
17class or classes thereof, or their dependents, the city may, as
18determined by council, or as required by law or a collective
19bargaining agreement, pay part or all of the premiums or charges
20for the contracts.

21Section 2431. Parking Lots.--Council may acquire by lease, 
22purchase, or condemnation proceedings, land which in its 
23judgment may be necessary and desirable for the purpose of 
24establishing and maintaining lots for the sole purpose of 
25parking motor vehicles. Council may regulate the use of the land 
26including the posting of signs and may establish or designate 
27areas exclusively reserved for parking by persons with 
28disabilities. Such regulation of parking lots shall be 
29consistent with 75 Pa.C.S. (relating to vehicles) and the act of 
30October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania 

1Human Relations Act."

2Section 2432. Disorderly Conduct.--Council may, by
3ordinance, prohibit disorderly conduct within the limits of the
4city and provide for the imposition of penalties in accordance
5with this act. If an ordinance is enacted, it shall define
6disorderly conduct in a manner substantially similar to the
7provisions of 18 Pa.C.S. § 5503 (relating to disorderly
8conduct).

9Section 2433. Official Expenses on City Business.--Council
10may make appropriations for the reasonable expenses of city
11officials actually incurred in the conduct of city business.

12Section 2434. Municipality Authorities; Cooperation with
13Other Political Subdivisions.--(a) The council may by
14ordinance, individually or in cooperation with other
15municipalities or school districts, form municipal authorities
16as authorized by 53 Pa.C.S. Ch. 56 (relating to municipal
17authorities).

18(b) The council may by ordinance make cooperative agreements
19with regard to the performance of a city's powers, duties and
20functions in accordance with the provisions of 53 Pa.C.S. Ch. 23
21Subch. A (relating to intergovernmental cooperation).

22Section 2435. Local Self-Government.--The council of each
23city shall have power to enact, make, adopt, alter, modify,
24repeal and enforce in accordance with this act ordinances,
25resolutions, rules and regulations, not inconsistent with or
26restrained by the Constitution of Pennsylvania and laws of this
27Commonwealth, that are either of the following:

28(1) Expedient or necessary for the proper management, care
29and control of the city and its finances, and the maintenance of
30the peace, good government, safety and welfare of the city and

1its trade, commerce and manufactures.

2(2) Necessary to the exercise of the powers and authority of
3local self-government in all municipal affairs.

4Section 2436. Historical Property.--Council may acquire by
5purchase or by gift, and may repair, supervise, operate and
6maintain landmarks and other historical properties which are
7either eligible for listing or listed in the National Register
8of Historic Places, or certified by the Pennsylvania Historical
9and Museum Commission as having historical significance.

10Section 2437. Appropriations for Handling, Storage and
11Distribution of Surplus Foods.--(a) Council may appropriate
12from city funds moneys for the handling, storage and
13distribution of surplus foods obtained through a Federal, State
14or local agency.

15(b) All appropriations of moneys previously made by the
16council of any city for the handling, storage and distribution
17of surplus foods obtained, through a local, Federal, State or
18local agency, are hereby validated.

19Section 2438. Junk Dealers and Junk Yards.--Council may
20regulate and license junk dealers and the establishment and
21maintenance of junk yards and scrap yards, including, but not
22limited to, automobile junk or grave yards.

23Section 2439. Appropriations for Industrial Promotions.--
24Council may make appropriations to an industrial development
25organization as defined in section 2301 of the act of June 29,
261996 (P.L.434, No.67), known as the "Job Enhancement Act," when
27the city is located within the area for which the industrial
28development organization has been authorized to make application
29to and receive grants from the Department of Community and
30Economic Development for the purposes specified in Chapter 23 of

1the "Job Enhancement Act."

2Section 2440. Non-debt Revenue Bonds.--Consistent with and
3without limitation of any power conferred or duty imposed by 53
4Pa.C.S. Pt. VII Subpt. B, (relating to indebtedness and
5borrowing), council may issue non-debt revenue bonds pursuant to
6provisions of 53 Pa.C.S. Pt. VII Subpt. B.

7Section 2441. Appropriations for Urban Common Carrier Mass
8Transportation.--Council may appropriate funds for urban common
9carrier mass transportation purposes from current revenues and
10make annual contributions to county departments of
11transportation or to urban common carrier mass transportation
12authorities to assist the departments or the authorities to meet
13costs of operation, maintenance, capital improvements and debt
14service, and to enter into long-term agreements providing for
15the payment of the contributions.

16Section 2442. Appropriation for Nonprofit Art Corporation.--
17Council may appropriate moneys annually, not exceeding an amount
18equal to one mill of the real estate tax to any nonprofit art
19corporation for the conduct of its artistic and cultural
20activities. For the purposes of this section, "nonprofit art
21corporation" shall mean a local arts council, commission or
22coordinating agency, or any other nonprofit corporation engaged
23in the production or display of works of art, including the
24visual, written or performing arts. Artistic and cultural
25activities shall include the display or production of theater,
26music, dance, painting, architecture, sculpture, arts and
27crafts, photography, film, graphic arts and design and creative
28writing.

29Section 2443. Ratification and Validation of Real Estate
30Sales.--All deeds conveying title to real estate or interests

1therein from any city to any other party which are executed and
2delivered pursuant to an ordinance or resolution of the city
3council and which are not contested by an action filed in the
4court of common pleas of the county in which the city is located
5within six years of the date such deeds are recorded are hereby
6declared to be valid and to have fully and effectively conveyed
7the property and interests described therein in accordance with
8the terms thereof. No such deed shall thereafter be subject to
9attack in any court, agency or proceeding.

10Section 2444. Maintenance and Validation of Certain
11Records.--Except as otherwise may be required by any law
12governing the recording of documents with the recorder of deeds,
13all city records that are required to be recorded or copied
14shall be deemed valid if recorded or transcribed by any digital,
15photostatic, photographic, microphotographic, microfilm,
16microcard, miniature photographic, optical, electronic or other
17process which accurately reproduces the original and forms a
18durable medium for recording, storing and reproducing the
19original in accordance with standards, policies and procedures
20for the creation, maintenance, transmission or reproduction of
21images of records approved by the county or local government
22records committees, as applicable, and as otherwise provided by
23law. No city shall be required to retain original or paper
24copies of any documents after the documents are archived by any
25of the methods stated in this section or as otherwise provided
26by law. Where recording in a specific book is required, except
27for minutes or the proceedings of council, such records may be
28recorded, transcribed or otherwise assembled in an appropriate
29book, disk or other medium approved by resolution of council,
30and all records heretofore recorded and assembled in any manner

1are hereby validated.

2Section 2445. Rights Within Streets and Rights-of-Way.--(a)
3The power granted to a city in subsection (b) shall be exercised
4in compliance with Federal and State law and shall be subject to
5the power of the Pennsylvania Public Utility Commission, under
666 Pa.C.S. Pt. I (relating to public utility code) to regulate
7the business, facilities and service of public utilities,
8including determining the location and installation of utility
9facilities.

10(b) Council may consent to a public or private corporation
11or any other person using city streets and other properties,
12whether such use is within, on or over the streets or public
13property in question, for transportation purposes or for the
14purpose of installing and maintaining pipes, wires, fibers,
15cables or any other utility or service medium. Council may
16define a reasonable district or reasonable districts within
17which all electric or telephone wires, cables or any other
18utility or service medium are to be placed underground. A city
19shall pay just compensation to any property owner whose land has
20been acquired by the city for use as a right-of-way for purposes
21of this section. Just compensation shall be determined pursuant
22to 26 Pa.C.S. (relating to eminent domain).

23Section 2446. Emergency Services.--(a) The city shall be
24responsible for ensuring that fire and emergency medical
25services are provided within the city by the means and to the
26extent determined by the city, including the appropriate
27financial and administrative assistance for these services.

28(b) The city shall consult with fire and emergency medical
29services providers to discuss the emergency services needs of
30the city.

1(c) The city shall require any emergency services
2organizations receiving city funds to provide to the city an
3annual itemized listing of all expenditures of these funds
4before the city may consider budgeting additional funding to the
5organization.

6Section 2447. Charitable Purposes.--(a) Council may, by
7ordinance, create a city bureau or agency which bureau or agency
8may receive in trust, and city council may control for the
9purposes of the trust, all estate, moneys, assets and property,
10real and personal, which may have been or shall be bestowed upon
11it by donation, gift, legacy, endowment, bequest, devise,
12conveyance or other means, for charitable purposes.

13(b) Council may make appropriations to the agency or bureau
14for charitable purposes except as limited by the Constitution of
15Pennsylvania and laws of this Commonwealth.

16(c) As used in this section, "charitable purposes" shall
17mean the relief of poverty, the advancement of education, the
18promotion of health, governmental or municipal purposes, and
19other purposes the accomplishment of which is beneficial to the
20community.

21Section 188. Article XXV heading of the act is reenacted to
22read:

23ARTICLE XXV

24TAXATION

25Section 189. Article XXV subdivision (a) heading of the act
26is amended to read:

27(a) Assessments [and Revisions] of Property for Taxation

28Section 190. Sections 2501, 2502 and 2503 of the act are
29repealed:

30[Section 2501. Election of Assessor; Term; Removal;

1Qualifications.--The council of each city on the first Monday of
2January, one thousand nine hundred and fifty-two, and on the
3first Monday of January in every fourth year thereafter, or as
4soon thereafter as may be conveniently done, shall elect one
5person, resident of the city for at least five years previous to
6his election, a qualified elector thereof, and owner of real
7estate therein, at the time of his election and during the
8entire term of service, of the assessed value of at least five
9hundred dollars, as city assessor, to serve for the term of four
10years from the first Monday of January in the year in which he
11is elected. Any assessor may be removed from office by council
12and the vacancy thus occasioned may be filled in the manner
13hereinafter provided. Council shall not permit any person
14elected assessor to enter upon the duties of said office, nor
15continue in office, when he does not have and possess all of the
16qualifications aforesaid. For this purpose council shall have
17power, by a majority vote of all the members elected thereto, to
18declare the said office of assessor vacant at any time any
19person has not or ceases to have the qualifications aforesaid
20for the said office. They may thereupon fill the vacancy thus
21occasioned, in the manner hereinafter provided for the filling
22of vacancies.

23Section 2502. Oath of Assessor; Filling of Vacancies.--The
24said assessor shall, before entering upon his duties, take and
25subscribe the oath prescribed for municipal officers, and file
26the same with the city clerk. Any vacancy happening in said
27office shall be filled by appointment by council, for the
28unexpired term.

29Section 2503. Assistant Assessors; Compensation of Assessors
30and Assistants.--The council may, during each triennial year and

1in the intervening years, appoint such assistant assessors, to
2serve for such length of time as council may authorize, direct,
3or appoint by ordinance. Such assistant assessors shall be
4removable at the pleasure of council. The compensation or salary
5of the city assessor, and of the assistant assessors, if any,
6shall be fixed by ordinance.]

7Section 191. Sections 2503.1 and 2504 of the act, amended or
8added December 13, 1982 (P.L.1192, No.273), are repealed:

9[Section 2503.1. Definitions.--The following words and
10phrases when used in this act shall have, unless the context
11clearly indicates otherwise, the meanings given to them in this
12section:

13"Base year," the year upon which real property market values
14are based for the most recently citywide revision of assessment
15of real property or other prior year upon which the market value
16of all real property of the city is based. Real property market
17values shall be equalized within the city and any changes by the
18board of revision of taxes and appeals shall be expressed in
19terms of such base year values.

20"Board," the board of revision of taxes and appeals in cities
21of the third class.

22"Common level ratio," the ratio of assessed value to current 
23market value used generally in the county as last determined by 
24the State Tax Equalization Board pursuant to the act of June 27, 
251947 (P.L.1046, No.447), referred to as the State Tax 
26Equalization Board Law.

27"Established predetermined ratio," the ratio of assessed
28value to market value established by the city council and
29uniformly applied in determining assessed value in any year.

30Section 2504. Assessment of Property; Duties of Assessor.--

1(a) The assessor shall make, or cause to be made, during the
2year one thousand nine hundred fifty-four, and every third year
3thereafter, a full, just, equal, and impartial assessment of all
4property, taxable according to the laws of this Commonwealth for
5county purposes, and all matters and things within the city
6subject by law to taxation for city purposes, and a just and
7perfect list of all property exempt by law from taxation, with a
8just valuation of the same. But nothing hereinbefore contained
9shall be construed as making taxable for city purposes the
10classes of personal property which by law are made taxable
11exclusively for county purposes at the rate of four mills. With
12his assessment he shall return such dimension, description, or
13quality of each lot or parcel of land as will be sufficient to
14identify the same, together with the number and kind of
15improvements. At the triennial assessment, the assessor shall,
16if council so directs by ordinance, classify all real estate in
17the city, in such manner and upon such testimony as may be
18adduced before him, so as to distinguish between the buildings
19on land and the land exclusive of the buildings, and he shall
20certify to the council the aggregate valuation of all real
21estate subject to taxation for city purposes within each such
22classification. At the next triennial assessment following the
23effective date of this amending act, the assessor shall, if
24council by ordinance so directs, classify all real estate in
25such city in such manner and upon such testimony as may be
26adduced before him so as to distinguish between the buildings on
27land and the land exclusive of the buildings, and he shall
28certify to the council the aggregate valuations of all real
29estate subject to taxation for city purposes within each such
30classification.

1(b) In all cases he shall value, or cause to be valued, the
2property at the actual value thereof. In arriving at actual
3value the city may utilize the current market value or it may
4adopt a base year market value. In arriving at such value the
5price for which any property would separately bona fide sell, or
6the price at which any property may bona fide actually have been
7sold, either in the base year or the current taxable year, shall
8be considered, but shall not be controlling. Instead such
9selling price, estimated or actual, shall be subject to revision
10by increase or decrease to accomplish equalization with other
11similar property within the taxing district. It shall be the
12further duty of the assessor to return annually a list of all
13the inhabitants over eighteen years of age.

14(c) The board shall assess real property at a value based
15upon an established predetermined ratio which may not exceed one
16hundred per centum of actual value. Such ratio shall be
17established and determined by the city council after proper
18notice has been given.

19(d) In arriving at the actual value, all three methods,
20namely, cost (reproduction or replacement, as applicable, less
21depreciation and all forms of obsolescence) comparable sales and
22income approaches, must be considered in conjunction with one
23another.

24(e) The board shall apply the established predetermined
25ratio to the actual value of all real property to formulate
26assessment roll.]

27Section 192. Section 2504.1 of the act, added July 29, 1970
28(P.L.640, No.215), is repealed:

29[Section 2504.1. Temporary Tax Exemption for Residential
30Construction.--(a) As used in this section, the word

1"dwellings" means buildings or portions thereof intended for
2permanent use as homes or residences.

3(b) New single and multiple dwellings constructed for
4residential purposes and improvements to existing unoccupied
5dwellings or improvements to existing structures for purposes of
6conversion to dwellings, shall not be valued or assessed for
7purposes of real property taxes until (1) occupied, (2) conveyed
8to a bona fide purchaser, or (3) one year from the first day of
9the month in which falls the sixtieth day after which the
10building permit was issued or, if no building permit or other
11notification of improvement was required, then from the date
12construction commenced. The assessment of any multiple dwelling
13because of occupancy shall be upon such proportion which the
14value of the occupied portion bears to the value of the entire
15multiple dwelling.]

16Section 193. Section 2505 of the act, amended October 4,
171978 (P.L.950, No.188), is repealed:

18[Section 2505. Manner of Assessments.--The assessor may
19assess real estate in the name or names of the registered owner,
20actual owner (legal or equitable), reputed owner, owner of the
21life estate, occupier, vendor, vendees, or any person who has or
22has had any connection with the legal title thereof, or an
23interest in the premises, or has charge or control thereof;
24partnership property, in the name of the partnership or in the
25name of the partners, or any of them; trust property, in the
26name of the trustee or trustees, or any of them, or in the name
27of the cestui que trust; property of a minor, in the name of the
28minor or his guardian; property of a lunatic, in the name of the
29lunatic or his guardian or committee; and property formerly
30belonging to a person, since deceased, may be assessed in the

1name of the decedent, or in the name of the estate of said
2decedent, or of his administrator or administrators, executor or
3executors, or his heirs generally, or in the name of any
4administrator, executor, or heir; and in assessing the same in
5the names of the executors, administrators or heirs, it shall
6not be necessary to designate them by their christian or
7surnames; and other property not herein provided for may be
8assessed in the manner the same is assessed for county taxation.
9This provision shall not prevent the collection, under existing
10laws, of any tax assessed against property by a sufficient
11designation or description, where the same has been assessed in
12the name of any person or persons who are not the owners
13thereof. Where lands of owners are part within and part without
14the city limits, they shall be assessed in the same manner and
15within the same jurisdiction as if the same were being assessed
16for county purposes.]

17Section 194. Sections 2506, 2508, 2509, 2510, 2511, 2512,
182513, 2514, 2515 and 2516 of the act are repealed:

19[Section 2506. Duties of Assessors in Other Than Triennial
20Years.--In the years between triennial assessments, the said
21assessor shall perform the following duties with reference to
22the assessment of property and other matters and subjects of
23taxation, namely: He shall,

24(a) Assess any property which has been omitted, and correct
25any errors of law, fact or judgment which may have been made in
26making the triennial assessment;

27(b) Add to the assessment any property which has ceased to
28be exempt and any property acquired since the triennial
29assessment;

30(c) Add to the value of any real estate the value of any new

1building or other new improvements;

2(d) Deduct from the value of any property any loss caused by
3destruction, injury, or otherwise, howsoever;

4(e) Where tracts as assessed at the triennial assessment
5have been subdivided, equalize and apportion the assessment of
6the lands thus subdivided upon the basis of the value as fixed
7at the triennial assessments upon the whole lot or tracts;

8(f) Where any borough, township, part of a borough or
9township, or any tract or tracts of land, have been added to the
10city, since the last triennial assessment, make a full and
11impartial assessment of the property in the annexed district,
12and return the same in a like manner as if it were a triennial
13assessment;

14(g) When any property has been transferred or disposed of,
15make the proper changes, deductions or transfers upon the proper
16assessment books and duplicates;

17(h) Perform such other duties, as may be prescribed by
18ordinance, necessary to the making of proper assessments or
19valuations.

20Section 2508. Omitted Property to be Assessed; Liability of
21Owner for Back Taxes.--When the said assessor ascertains that
22any property is omitted, he shall assess the same for the
23omitted years, but not back further than and including the last
24year of the preceding triennial assessment. The person or party
25owning said omitted property shall be liable for the tax against
26the property for the omitted year or years, at the tax rate
27levied during the omitted year or years, and the proper
28authorities shall make out the proper tax and place the amount
29thereof in the hands of the city treasurer for collection.

30Section 2509. Clerks; Power to Administer Oaths;

1Inventories.--The assessor shall have the right to procure such
2books, maps, et cetera, as may be necessary to the performance
3of his duties, and, when authorized by council, may employ
4clerks for the purpose of transcribing and making duplicate and
5assessment books. He, and each of them, shall have power to
6administer oaths, and to require, under oath, of every taxable
7or person in charge or control of any property, an inventory of
8his taxable property, with his estimate of the just, full, fair,
9and impartial value thereof, and which, in his judgment, the
10same would bring at a fair public sale thereof. Such estimate
11shall not be conclusive, but shall be subject to revision by
12increase, decrease or equalization with other property.

13Section 2510. Information from Real Estate Registry Office;
14Sufficiency of Descriptions.--Where any city has established a
15registry of real estate by law, the assessor shall have the
16right to obtain from the official in charge of said registry
17such information as to the registered owners of real estate as
18said department is able to furnish, and under such rules and
19regulations as shall be established by ordinance of council. It
20shall be a sufficient description of any real estate in any
21assessment books or duplicates to designate the same by such
22city lot number, other number or designation, as is used on the
23registry.

24Section 2511. Time of Completion of Assessments.--The
25assessor shall complete his triennial assessment, and the annual
26assessments in intervening years, on or before the first day of
27September in each year, or as soon thereafter as practicable. He
28may, with the approval of the board of revision and appeals, add
29to the duplicates in the hands of the city treasurer any subject
30of taxation omitted therefrom, and rectify any and all errors

1and mistakes made therein.

2Section 2512. Liability for Neglect.--Any assessor or
3assessors who shall wilfully omit, neglect, or refuse to assess
4any property liable to taxation shall be held responsible to the
5city for any loss or damage caused thereby.

6Section 2513. Ordinances to Regulate Assessments, Transfers,
7Appeals, Et Cetera.--The council of each city may pass such
8ordinances as it may deem proper and necessary, providing for
9and regulating the manner of making the assessments, valuations,
10and transfers, and the taking of appeals to the board of
11revision and appeal, and regulating proceedings before said
12board on any and all matters not specifically provided for in
13this act.

14Section 2514. Board of Revision of Taxes and Appeals.--The
15council of each city shall constitute the board of revision of
16taxes and appeals, and the city clerk shall serve as clerk
17thereof.

18Section 2515. New Assessments.--The council, in any years
19other than a triennial year, if it shall deem a new assessment
20necessary, may, on or before the first day of May, issue its
21precept to the city assessor and by ordinance or resolution
22require him to make out and return a full, just, and equal
23assessment of property within the city, or such parts thereof as
24may be deemed advisable.

25Section 2516. Revision of Assessments.--The said board of
26revision of taxes and appeals shall take and receive the
27triennial and yearly assessment as returned by the city
28assessor, and may revise, equalize, and alter such assessments,
29in any and every year, by increasing or reducing the valuation
30either in individual cases or by wards, or parts of wards;

1rectify all errors, and add to the assessment book, and to the
2duplicate thereof in the hands of the city treasurer, any
3property or person subject to taxation omitted therefrom, and
4any real estate in such city which has been exempt from
5taxation, and has ceased to be occupied and used for the purpose
6or purposes which entitled it to such exemption, as taxable for
7the portion of the year commencing at the time when the right to
8exemption ceases. Such property shall thereupon become subject
9to taxation, at the rate fixed for the year, for the
10proportionate part of the year during which it is not entitled
11to exemption.]

12Section 195. Section 2516.1 of the act, amended July 29,
131970 (P.L.640, No.215), is repealed:

14[Section 2516.1. Additions and Revisions to Duplicates.--
15Whenever in any city there is any construction of a building or
16buildings not otherwise exempt as a dwelling after the city
17council has prepared a duplicate of the assessment of city taxes
18and the building is not included in the tax duplicate of the
19city, the authority responsible for assessments in the city
20shall, upon the request of the city council, direct the assessor
21in the city to inspect and reassess, subject to the right of
22appeal and adjustment provided by the act of Assembly under
23which assessments are made, all taxable property in the city to
24which major improvements have been made after the original
25duplicates were prepared and to give notice of such
26reassessments within ten days to the authority responsible for
27assessments, the city and the property owner. The property shall
28then be added to the duplicate and shall be taxable for city
29purposes at the reassessed valuation for that proportionate part
30of the fiscal year of the city remaining after the property was

1improved. Any improvement made during the month shall be
2computed as having been made on the first of the month. A
3certified copy of the additions or revisions to the duplicate
4shall be furnished by the city council to the city treasurer,
5together with their warrant for collection of the same, and
6within ten days thereafter the city treasurer shall notify the
7owner of the property of the taxes due the city.]

8Section 196. Section 2517 of the act is repealed:

9[Section 2517. Hearing of Appeals.--The board of revision of
10taxes and appeals may require the attendance of the assessor and
11assistant assessors, or any of them, or other citizens, before
12them for examination on oath or affirmation. It shall hear and
13determine all appeals by taxpayers from the assessments made by
14the city assessor, at such time and place as it may prescribe,
15conformably with law as to notice to the taxable and his filing
16of notice of intention to appeal.]

17Section 197. Section 2518 of the act, amended December 13,
181982 (P.L.1192, No.273), is repealed:

19[Section 2518. Notice to Taxables of Assessments; Appeals.--
20(a) The assessor shall give, or cause to be given, printed or
21written notice to each taxable of the city, whose property is
22newly assessed, or whose last previous assessment has been
23changed, of the amount of the present assessment, valuation and
24ratio and the new assessment, valuation and ratio. The said
25notice shall not be required to be given to any taxable whose
26property assessment was not changed as a result of any triennial
27assessment. The said notice shall also inform the taxable of the
28requirements of this section as to appealing from any
29assessment. Such notice may be served personally or by posting
30on the premises or by mailing the same to the last known address

1of the taxable.

2(b) Notice similar to that provided for in subsection (a)
3shall be given when the city changes the established
4predetermined ratio.

5(c) Any person dissatisfied or aggrieved by any assessment,
6or any change thereof, made by the assessor, may appeal to the
7said board of revision of taxes and appeals, by filing with the
8board a statement in writing of intention to appeal, setting
9forth:

10(1) The assessment or assessments by which such person feels
11aggrieved;

12(2) The address to which the board shall mail notice of when
13and where to appear for hearing.

14(d) The statement of intention to appeal shall be filed with
15the said board not later than thirty days after the notice of
16assessment has been mailed to the taxable at his last known
17address, or has been served upon him personally, or has been
18posted upon the premises. No appeal shall be permitted except
19upon such a statement of intention as herein required, nor may
20any taxable appeal as to an assessment not designated in his
21statement of intention to appeal. The board shall fix the time
22and place of hearing appeals and shall give at least five days
23notice to the taxable.

24(e) Any triennial assessment made prior to the effective
25date of this amending act, which did not change a property
26assessment, is hereby validated irrespective of whether or not
27written or printed notice of such assessment was given to the
28taxable.]

29Section 198. Section 2519 of the act is repealed:

30[Section 2519. Power of Assessor to Administer Oaths.--For

1the purposes of all hearings, and for all other purposes
2necessary to the discharge of his duties, the assessor shall
3have authority to administer oaths and affirmations touching any
4matter relating thereto.]

5Section 199. Sections 2520 and 2521 of the act, amended
6December 13, 1982 (P.L.1192, No.273), are repealed:

7[Section 2520. Custody of Assessment Books; Completion of
8Work of Board.--(a) The board of revision of taxes and appeals
9shall procure and have the custody and control of all books
10relating to assessment of city taxes, and keep them arranged
11according to wards and dates, and shall furnish the city
12assessor the necessary books for making the assessment, which,
13on the completion of such assessment, shall be returned to such
14board of revision of taxes and appeals. The board shall complete
15its labors, and the hearing and determination of all appeals, on
16or before the first day of December of each year, or as soon
17thereafter as practicable, after which the assessment shall be
18copied, by wards, into a tax duplicate or duplicates for the use
19of the city. The assessment, so corrected and copied, shall be
20and remain a lawful assessment for the purpose of city taxation
21until altered as provided in this article. The board shall give
22notice in writing within five days after its disposition of each
23appeal, advising the taxable of its decision.

24(b) In any appeal of an assessment the board shall make the
25following determinations:

26(1) The current market value for the tax year in question.

27(2) The common level ratio.

28(c) The board, after determining the current market value of
29the property for the tax year in question, shall then apply the
30established predetermined ratio to such value unless the common

1level ratio varies by more than fifteen per centum from the
2established predetermined ratio, in which case the board shall
3apply the common level ratio to the current market value of the
4property for the tax year in question.

5(d) Nothing herein shall prevent any appellant from
6appealing any base year valuation without reference to ratio.

7Section 2521. Appeals from Decisions of Board; Costs.--(a)
8Any owner of taxable property who may feel aggrieved by the
9decision of the board of revision of taxes and appeals as to the
10assessment or valuation of his taxable property may appeal from
11the decision of the board of revision of taxes and appeals to
12the court of common pleas of the county within which such
13property is situated, and, for that purpose, may present to said
14court, or file in the prothonotary's office, within sixty days
15after mailing notice to him that the board of revision of taxes
16and appeals have held the appeals provided for by law and acted
17on the said assessments and valuations, a petition signed by
18him, his agent, or attorney, setting forth the facts of the
19case. The court shall thereupon, after notice to the said board
20of revision of taxes and appeals, hear the said appeal and the
21proofs in the case, and make such orders and decrees touching
22the matter complained of as to the judges of said court may seem
23just and equitable, having due regard to the valuation and
24assessment made of other property in such city. The costs of the
25appeal and hearing shall be apportioned or paid as the court may
26direct. The said appeals shall not, however, prevent the
27collection of the taxes complained of, but in case the same
28shall be reduced, then the excess shall be returned to the
29person or persons who shall have paid the same.

30(b) In any appeal of an assessment the court shall make the

1following determinations:

2(1) The current market value for the tax year in question.

3(2) The common level ratio.

4(c) The court, after determining the current market value of
5the property for the tax year in question, shall then apply the
6established predetermined ratio to such value unless the common
7level ratio varies by more than fifteen per centum from the
8established predetermined ratio, in which case the court shall
9apply the common level ratio to the current market value of the
10property for the tax year in question.

11(d) Nothing herein shall prevent any appellant from
12appealing any base year valuation without reference to ratio.]

13Section 200. The act is amended by adding a section to read:

14Section 2522. Assessment Powers.--(a) With regard to the
15valuing and assessing of property for taxation within a city,
16the following shall apply:

17(1) If, on the effective date of this section, a city is
18utilizing the county assessment office for the valuation and
19assessment of property, the city shall continue to utilize the
20county assessment office for this purpose.

21(2) If clause (1) does not apply, council may appoint and
22employ persons to value and assess property for taxation within
23a city, following the procedures and methodologies set forth in
24the assessment law or laws applicable in the county in which the
25city is located, provided that the act of April 16, 1992
26(P.L.155, No.28), known as the "Assessors Certification Act,"
27shall apply to persons hired pursuant to this clause.

28(3) If clause (2) applies, a city may subsequently elect to
29utilize the county assessment office to value and assess
30property.

1(4) (i) A city, conducting its own assessments as
2authorized by clause (2), or utilizing the county assessment
3office pursuant to clause (1) or (3), may, by ordinance, adopt
4an established predetermined ratio different from that used by
5the county. The city shall apply the ratio selected to the
6actual valuation supplied by the county to determine assessed
7value for tax purposes. The established predetermined ratio
8selected by the city may not exceed one hundred per centum of
9actual value.

10(ii) As used in this clause, "established predetermined
11ratio" shall mean the ratio of assessed value to market value
12established by the city council and uniformly applied in
13determining assessed value in any year.

14(5) A city that is utilizing the county assessment office in
15accordance with clause (1) or which elects to utilize the county
16assessment office in accordance with clause (3) may not
17thereafter appoint and employ persons to value and assess
18property in accordance with clause (2).

19(b) In any case in which a city appoints persons to value
20and assess property, the following shall apply:

21(1) If the property being assessed is not wholly within the
22city limits, it shall be assessed in the same manner and within
23the same jurisdiction as if the same were being assessed for
24county purposes.

25(2) If a city has established a registry of real estate, it
26may obtain for purposes of assessment, from the official in
27charge of the registry, available information as to the
28registered owners of real estate, under rules and regulations as
29may be established by ordinance. It shall be a sufficient
30description of any real estate in any assessment books or

1duplicates to designate the same by such city lot number, other
2number or designation, as is used on the registry.

3(3) For purposes of assessment appeals, council shall
4constitute the board of revision of taxes and appeals and the
5city clerk shall serve as clerk thereof.

6(4) Except as authorized in this section, the city shall not
7exercise powers contrary to or in limitation or enlargement of
8powers granted by statutes that provide the substantive rules
9governing the making of assessments and valuations of property
10which are applicable to the assessment of property for taxation
11purposes under the county assessment law or laws applicable in
12the county in which the city is located.

13(5) A city conducting its own assessments pursuant to
14subsection (a)(2) shall establish and follow procedures that are
15consistent with similar procedures provided in the assessment
16law or laws applicable in the county in which the city is
17located, including, but not limited to, providing notice of an
18opportunity to appeal assessments, for taking appeals to and
19from the board of appeals and for the conduct of proceedings
20before the board.

21(c) A temporary tax exemption for residential construction
22shall be subject to the following:

23(1) New single and multiple dwellings constructed for
24residential purposes and improvements to existing unoccupied
25dwellings or improvements to existing structures for purposes of
26conversion to dwellings shall not be valued or assessed for
27purposes of real property taxes until:

28(i) occupied;

29(ii) conveyed to a bona fide purchaser; or

30(iii) one year from the first day of the month in which

1falls the sixtieth day after which the building permit was
2issued or, if no building permit or other notification of
3improvement was required, then from the date construction
4commenced.

5(2) The assessment of any multiple dwelling because of
6occupancy shall be upon such proportion which the value of the
7occupied portion bears to the value of the entire multiple
8dwelling.

9(3) As used in this subsection, the word "dwelling" means a
10building or portion thereof intended for permanent use as a home
11or residence.

12Section 201. The heading of subdivision (b) of Article XXV
13of the act is reenacted to read:

14(b) Levy and Collection

15Section 202. Section 2531 of the act, amended November 19,
161959 (P.L.1519, No.534), August 3, 1967 (P.L.199, No.63), June
1716, 1972 (P.L.443, No.135) and May 22, 1981 (P.L.71, No.20), is
18amended to read:

19Section 2531. Tax Levies.--(a) Council may, by ordinance, 
20levy and, in accordance with this act, provide for the 
21collection of [the following taxes:

221. A tax for general revenue purposes on all persons and
23property taxable according to the laws of the Commonwealth for
24county purposes: the valuation of such property to be assessed
25as hereinbefore provided.

262. An annual tax sufficient to pay interest and principal on
27any indebtedness incurred pursuant to the act of July 12, 1972 
28(P.L.781, No.185), known as the "Local Government Unit Debt
29Act," or any prior or subsequent act governing the incurrence of
30indebtedness of the city.

13. A residence tax for general revenue purposes, not
2exceeding five dollars annually, on all inhabitants above the
3age of eighteen years. Any ordinance of council fixing the rate
4of taxation for any year at a mill rate shall also include a
5statement expressing the rate of taxation in dollars and cents
6on each one hundred dollars of assessed valuation of taxable
7property.

84. The council of any city may, by ordinance, in any year
9levy separate and different rates of taxation for city purposes
10on all real estate classified as land, exclusive of the
11buildings thereon, and on all real estate classified as
12buildings on land. When real estate tax rates are so levied, (i)
13the rates shall be determined by the requirements of the city
14budget as approved by council, (ii) higher rates may be levied
15on land if the respective rates on lands and buildings are so
16fixed so as not to constitute a greater levy in the aggregate
17than a rate of twenty-five mills on both land and buildings, and
18(iii) they shall be uniform as to all real estate within such
19classification.

205. Where the city council by a majority action shall, upon
21due cause shown, petition the court of quarter sessions for the
22right to levy additional millage, the court, after such public
23notice as it may direct and after hearing, may order a greater
24rate than twenty-five mills but not exceeding five additional
25mills to be levied.] taxes on all property within the city that 
26is made taxable for city purposes and subject to valuation and 
27assessment by the county assessment office or the city, as 
28provided in subdivision (a), as follows:

29(1) A tax for general revenue purposes not exceeding thirty
30mills.

1(2) An annual tax sufficient to pay interest and principal
2on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII
3Subpt. B (relating to indebtedness and borrowing) or any prior
4or subsequent act governing the incurrence of indebtedness of
5the city.

6(3) An annual tax, not to exceed five mills, to light the
7highways, roads and other public places in the city.

8(4) An annual tax for the purpose of maintaining and
9operating recreation places and programs.

10(5) An annual tax, not to exceed the sum of one-tenth of one
11mill, for the purpose of defraying the cost and expense of
12caring for shade trees and the administrative expenses connected
13therewith, or council may provide for such expenses by
14appropriation from the General Fund.

15(b) Council may, by ordinance, levy and, in accordance with
16this act, provide for the collection of a residence tax for
17general revenue purposes, not exceeding five dollars annually,
18on all inhabitants who are eighteen years of age or older.

19(c) With regard to the taxes authorized in subsection (a),
20the following shall apply:

21(1) Special purpose levies authorized in this section shall
22not be included in calculating the thirty-mill limit imposed by
23subsection (a).

24(2) Any ordinance fixing the rate of taxation for any year
25at a millage rate shall also include a statement expressing the
26rate of taxation in dollars and cents on each hundred dollars of
27assessed valuation of taxable property.

28(3) The council of any city may, by ordinance, in any year
29levy separate and different rates of taxation for city purposes
30on all real estate classified as land, exclusive of the

1buildings thereon, and on all real estate classified as
2buildings on land. When real estate tax rates are so levied:

3(i) The rates shall be determined by the requirements of the
4city budget as approved by council.

5(ii) The respective rates levied on land and buildings do
6not have to be equal but must be so fixed so as not to
7constitute a greater levy in the aggregate than a rate of thirty
8mills on both land and buildings.

9(iii) The rates shall be uniform as to all real estate
10within such classification.

11(4) Where the city council by a majority action shall, upon
12due cause shown, petition the court of common pleas for the
13right to levy additional millage for general revenue purposes,
14the court, after such public notice as it may direct and after
15hearing, may order a greater rate than thirty mills but not
16exceeding five additional mills to be levied.

17(5) (i) Notwithstanding council's power to authorize the
18transfer of an unexpended balance of an appropriation item
19pursuant to section 1804, when any moneys are collected for any
20special purpose, no city treasurer or council member may apply
21those moneys to any purpose other than that for which they were
22collected.

23(ii) Any city treasurer or council member who violates
24subclause (i) commits a misdemeanor of the third degree, and, in
25addition to the fine or penalty which may be imposed upon
26conviction, shall be required to pay restitution in the amount
27of moneys improperly spent.

28Section 203. Section 2531.1 of the act, amended November 26,
291982 (P.L.759, No.214), is amended to read:

30Section 2531.1. Exemptions from Taxation.--The council of 

1any city may, by ordinance or resolution, exempt any person 
2whose total income from all sources is less than [five] twelve 
3thousand dollars [($5,000)] ($12,000) per annum from any per 
4capita or [resident's] residence tax levied under this act. This 
5exemption shall not apply to real property taxes.

6Section 204. The act is amended by adding a section to read:

7Section 2531.2. Certification of Schedule.--For the purpose
8of delinquent tax collection and the filing of liens on property
9upon which the taxes, assessed and levied, have not been paid
10and have become delinquent, the treasurer shall certify
11schedules of unpaid taxes. The certification shall be made to
12the person designated by each taxing district for which the
13treasurer collects taxes.

14Section 205. Sections 2532, 2533 and 2534 of the act are
15repealed:

16[Section 2532. City Treasurer to Be Tax Collector.--The city
17treasurer, by virtue of his office, shall be the collector of
18the city, county, school, and institution district taxes,
19assessed or levied in the city by the proper authorities
20therein.

21Section 2533. Oath of City Treasurer as Collector of
22Taxes.--At the time the city treasurer enters upon his duties,
23he shall take and subscribe his oath of office as collector of
24city, county, school, and institution district taxes, which oath
25shall be filed with the city clerk.

26Section 2534. Office for Receipt of Taxes; Supplies.--The
27city treasurer, as collector of taxes, shall keep his office in
28the same place occupied by him as city treasurer, which shall be
29kept open for the receipt of taxes at all times during business
30hours. All printing and stationery supplies shall be furnished

1by the proper authorities, respectively.]

2Section 206. Section 2535 of the act, amended December 14,
31967 (P.L.828, No.355), is repealed:

4[Section 2535. Date of Delivery of Duplicate; Collection.--
5The council of each city and the county and county institution
6district authorities, now empowered or which may be hereafter
7empowered to levy taxes upon persons and property within the
8city, shall, within thirty days after the adoption of the budget
9or within thirty days after receipt of the assessment roll from
10the county whichever is later, make out and deliver their
11respective duplicates of taxes assessed to the city treasurer,
12as the collector of the said taxes, which shall be collected by
13the city treasurer, by virtue of his office as aforesaid. The
14proper school authorities shall make out and deliver the school
15duplicates of their respective taxes in such city at the time
16and in the manner provided by the school laws of the
17Commonwealth. All duplicates of taxes placed in the hands of
18said treasurer shall at all times be open to proper inspection
19of the taxpayers and of the proper auditing and examining
20officers of said city, county or school district, as the case
21may be, and shall be delivered by said treasurer at the
22expiration of his term to his successor in office.]

23Section 207. Sections 2536, 2537 and 2538 of the act are
24repealed:

25[Section 2536. Deposits.--The city treasurer as collector of
26taxes shall pay over to himself as city treasurer, in accordance
27with the provisions of the Local Tax Collection Law, all the
28city taxes collected by him. He shall at the same time deposit
29all the city taxes so paid over to him into a bank or financial
30institution, which shall be a city depository named by the city

1council. All such deposits shall be made in the name of the city
2treasurer as such, or in the name of the city, as council may
3provide.

4Section 2537. Tax Liens; Schedule of Uncollected Taxes;
5Liability for False Return.--Upon the settlement of the
6duplicates of city, county, institution district, and school
7taxes which by law are made a lien on real estate, the city
8treasurer, as collector of said taxes, shall make out schedules
9of said city, county, school, or institution district taxes
10uncollected upon his duplicates, or those delivered to him by
11his predecessor, with a brief description of the properties
12against which the same are assessed, for the purpose of having
13the same entered for lien or sold, according to law. The failure
14of the said collector to collect the said taxes from personal
15property, when the same could have been collected shall not
16impair the lien thereof or affect any sale made for the
17collection thereof. In case any such collector shall make any
18wilfully false return, he shall be liable therefor to any person
19or persons injured thereby.

20Section 2538. Certification of Schedule.--The schedule of
21unpaid city taxes shall be certified by the city treasurer, as
22collector of taxes, to the city solicitor for filing in court,
23with the like force and effect as if certified by the city
24treasurer under existing laws. The schedule of unpaid school and
25institution district taxes shall be certified to such officer or
26person as is now, or shall hereafter be, designated to receive
27the same for filing as a lien in court; and where no such person
28is designated, the said schedule may be certified to the
29solicitor of the authority levying the tax, who may cause the
30said taxes to be registered as a lien in court, under existing

1laws, and the certifying of the said schedules by the city
2treasurer, as a collector, shall in all cases have the like
3effect as if the same had been certified by the city treasurer,
4as aforesaid.]

5Section 208. Article XXV subdivision (c) heading of the act
6is reenacted to read:

7(c) Sales of Real Estate for Delinquent Taxes

8Section 209. Section 2541 of the act, amended April 29, 1998
9(P.L.294, No.47), is repealed:

10[Section 2541. Public Sale of Property to Satisfy Tax
11Claims.--(a) In addition to other remedies provided for the
12collection of delinquent city taxes, the city treasurer may sell
13at public sale, in the manner hereinafter provided, any property
14upon which the taxes, assessed and levied, have not been paid
15and have become delinquent, unless such property has already
16been purchased and is held for the benefit of all the tax
17levying authorities concerned.

18(b) For purposes of this section, taxes shall be considered
19delinquent thirty days after the final deadline for payment of
20such taxes for the current tax year.]

21Section 210. Section 2542 of the act is repealed:

22[Section 2542. Time of Holding Sales.--Such sales shall be
23made on the first Monday in June, in the year succeeding the
24year in which the respective taxes are assessed and levied, or
25on any day to which such sale may be adjourned, or on any first
26Monday of June in any succeeding year.]

27Section 211. The act is amended by adding a section to read:

28Section 2542.1. Public Sale of Property to Satisfy Tax
29Claims.--(a) Property upon which city real estate taxes have
30not been paid and have become delinquent may become subject to

1public sale in accordance with one of the following:

2(1) The act of July 7, 1947 (P.L.1368, No.542), known as the
3"Real Estate Tax Sale Law."

4(2) The Municipal Claim and Tax Lien Law.

5(b) The remedies authorized in this section shall be in
6addition to other remedies provided for the collection of
7delinquent city taxes, including an action in assumpsit.

8(c) Unless otherwise provided in the statutes referred to in
9subsection (a), taxes shall become delinquent thirty days after
10the final deadline for payment of such taxes for the current tax
11year.

12Section 212. Section 2543 of the act is amended to read:

13Section 2543. Certification of Schedules [of Taxes.--Where
14the treasurer has not already in his hands the duplicates of
15said taxes, or certificates or schedules thereof, any receiver
16or collector of taxes, or other person having such delinquent
17taxes in his hands, shall certify to the city treasurer
18schedules of all unpaid taxes, with descriptions of the property
19assessed.] to Treasurer.--At the request of the treasurer, any 
20person acting on behalf of the city who possesses a schedule of 
21unpaid city taxes shall certify the schedule to the treasurer 
22along with the description of property against which the unpaid 
23taxes were assessed.

24Section 213. Section 2544 of the act is repealed:

25[Section 2544. Advertisement of Sales.--The city treasurer
26shall advertise for sale any of the property upon which it
27appears the taxes have not been paid, as shown by the duplicates
28in his hands, or by the returns or schedules certified to him,
29as aforesaid. Said advertisement shall be made, once a week for
30three successive weeks prior to the day of sale, in at least two

1newspapers of general circulation, printed and published in the
2city, and, in case two newspapers are not published in said
3city, then publication shall be made in two newspapers printed
4and published in the county in which the city is situate. The
5city treasurer shall also cause to be posted or tacked, in a
6conspicuous place on each parcel or lot of land advertised for
7sale, at least ten days prior to the day of sale, a notice
8stating that said property will be sold by said treasurer, for
9delinquent taxes, on a certain day and time, and at a certain
10place within the city, for which posting of notice he shall
11receive and tax as costs twenty-five cents for each notice. No
12sale shall be valid where the taxes have been paid prior to said
13advertisement, or where the taxes and costs have been paid after
14advertisement and before sale.]

15Section 214. Section 2546 of the act is amended to read:

16Section 2546. Record of Sales [to be Kept; City May];
17Purchase [Lands at Sale.--] and Resale.--(a) The treasurer
18shall keep in [his] the treasurer's office, or in such other 
19place as council may direct, a [book, in which he shall enter]
20record of all the sales made [by him, giving a description of
21each property sold, the name of the person as the owner thereof
22as the same appears upon the duplicate, or has been returned to
23him, the time of sale and the price at which sold, together with
24the cost. The] pursuant to section 2542.1.

25(b) Notwithstanding any other provision of law, the city
26shall have the right to bid[, at any such sale, the amount of
27taxes and costs, and, if necessary, purchase such lands] on and 
28purchase properties sold pursuant to section 2542.1.

29(c) Properties purchased by the city under subsection (b) 
30may be sold in accordance with section 2402.1(b).

1Section 215. Sections 2547 and 2548 of the act are repealed:

2[Section 2547. Payment of Purchase Price by Purchaser;
3Resale for Default.--Any purchaser or purchasers at said
4treasurer's sale, except the city, as soon as the property is
5struck down, shall pay the amount of the purchase money, or such
6part thereof as may be necessary to pay all the taxes and costs,
7as also one dollar and fifty cents for the use of the
8prothonotary, for entering the report of the treasurer, filing
9surplus bond, and acknowledgment of the treasurer's deed, as
10hereinafter mentioned. In case said amount is not forthwith
11paid, after the property is struck down, the sale may be avoided
12and the property put up again by the city treasurer, at said
13sale or at any subsequent sale.

14Section 2548. Return of Sale.--The city treasurer shall
15promptly make a report and return to the court of common pleas,
16wherein he shall set forth, (a) a brief description of each
17parcel of real estate sold; (b) the name of the person (where
18known), in which the same is assessed; (c) the amount of tax,
19and the year for which the same was assessed; (d) the time when
20and the names of the newspapers in which the advertisement for
21sale was made, with a copy of said advertisement; (e) the time
22of sale; (f) the name of the purchaser; and (g) the price for
23which each respective property was sold.]

24Section 216. Section 2549 of the act, repealed in part June
253, 1971 (P.L.118, No.6), is repealed:

26[Section 2549. Confirmation of Sale; Disposition of
27Objections.--Upon the presentation of said report or return, if
28it shall appear to said court that such sale has been regularly
29conducted, under the provisions of this subdivision (c) of this
30article, the said report and sales so made shall be confirmed

1nisi; in case no objections or exceptions are filed to any such
2sale in the office of the prothonotary within ninety days from
3the date of such confirmation, a decree of absolute confirmation
4shall be entered, as of course, by the prothonotary. Any
5objections or exceptions to such a sale may raise the legality
6of the taxes for nonpayment of which the real estate was sold or
7the return thereof, or the validity of the sale for the reason
8that the tax was actually paid, or question the regularity or
9legality of the proceedings of the treasurer in any respect. In
10case any objections or exceptions are filed, they shall be
11disposed of according to the practice of the court, and, when
12the same are overruled or set aside, a decree of absolute
13confirmation shall be entered by the court. If such objections
14or exceptions are sustained and the court deems the defect not
15amendable, it shall, by its order or decree, invalidate the
16sale. If no objections or exceptions are filed as herein
17provided, or if such objections or exceptions are finally
18overruled and the sale confirmed absolutely, the validity of the
19assessment of the tax and the validity of the proceedings of the
20treasurer, with respect to such sale, shall not thereafter be
21inquired into judicially in equity or by civil proceedings by
22the person or persons in whose name such property was sold, his,
23her or their heirs, or his, her or their grantees or assigns,
24subsequent to the date of the assessment of the taxes for which
25such sale was made, and such sale, after the period of
26redemption shall be terminated, shall be deemed to pass a good
27and valid title to the purchaser as against the person or
28persons in whose name such property was sold, provided the
29purchaser has filed the bond for surplus moneys as hereinafter
30provided.]

1Section 217. Section 2550 of the act is repealed:

2[Section 2550. Filing of Surplus Bond.--After any sale of
3property or lands for delinquent taxes has been confirmed by the
4court, as aforesaid, the purchaser or purchasers, where the bid
5exceeds the taxes and costs as aforesaid, shall make and execute
6to the said treasurer for the use of the persons entitled, a
7bond for the surplus money that may remain after satisfying and
8paying all the taxes and costs, as aforesaid, with warrant of
9attorney to confess judgment annexed thereto. The treasurer
10shall forthwith file said bond in the office of the prothonotary
11of the proper county, at the number and term where said report
12and return is filed. The surplus bond, filed as aforesaid, from
13the time of the date of the deed for property thus sold, shall
14bind as effectually, and in like manner as judgments, the land
15by said treasurer sold, into whose hands or possession they may
16come. The owners of said lands at the time of sale, their heirs
17or assigns or other legal representatives, may, at any time
18within five years after such sale, cause judgment to be entered
19in said court upon said bond, in the name of said treasurer, for
20the use of said owners, their heirs, assigns or legal
21representatives, as the case may be. In case the moneys
22mentioned in said bonds, with legal interest thereon from the
23time it is demanded, be not paid within three months after such
24entry, execution may forthwith issue for the recovery thereof.]

25Section 218. Section 2551 of the act, amended August 17,
261951 (P.L.1262, No.299), is repealed:

27[Section 2551. Acknowledgment and Delivery of Deeds.--When
28the purchaser has paid the amount of his bid, or such portion
29thereof as he is required to pay under this subdivision, and has
30given the surplus bond as above required, the city treasurer

1shall make the said purchasers, his or their heirs or assigns, a
2deed in fee simple for the lands sold, as aforesaid, and the
3said deed or deeds duly acknowledge in the court of common
4pleas. Such acknowledgment shall be duly entered and recorded by
5the prothonotary of said court in the treasurer's deed book. For
6such service and the entry of the report of the city treasurer,
7and filing surplus bond, the prothonotary shall receive the sum
8of one dollar and fifty cents for each property sold.]

9Section 2194. Section 2552 of the act is repealed:

10[Section 2552. Acknowledgment of Receipt of Redemption
11Money.--Where the owner or other person interested in the land
12thus sold shall redeem the same, and pay the satisfaction fee,
13the city treasurer shall acknowledge the receipt of the
14redemption moneys upon the margin of the acknowledgment of the
15treasurer's deed, as the same is entered and recorded in the
16prothonotary's office. Thereafter said deed shall be void and of
17no effect. Thereupon such owner or persons interested shall be
18entitled to have the treasurer's deed delivered up to him, her
19or them by the purchaser for cancellation. The city treasurer
20shall pay to said purchaser all the moneys he had paid at the
21time of sale, together with the twenty-five per centum penalty
22thereon; and shall enter upon the book of sales kept by him, as
23hereinbefore provided, an acknowledgment or receipt showing that
24the owner or party interested redeemed the same, giving date of
25redemption and amount of money received.]

26Section 220. Article XXV subdivision (d) heading and section
272560 of the act are repealed:

28[(d) City Sales of Real Estate Purchased from Tax Claim Bureau

29Section 2560. Real Estate Purchased from Tax Claim Bureau.--
30Any city may, by ordinance, sell in the manner hereinafter

1provided, any real estate owned by the city which has been
2acquired by the city by purchase from a tax claim bureau at
3public sales held by said bureau pursuant to the provisions of
4the Real Estate Tax Sale Law, its amendments and supplements,
5upon which real estate the city held at the time of such sale a
6lien or liens for municipal improvements.]

7Section 221. Section 2561 of the act, amended April 6, 1998
8(P.L.236, No.44), is repealed:

9[Section 2561. Sale Procedure.--(a) After an ordinance has
10been passed authorizing and directing the sale of real estate as
11provided for in section two thousand five hundred sixty, the
12city treasurer shall advertise such proposed sale once a week
13for three successive weeks in at least one newspaper of general
14circulation in the city. The advertisement shall give a brief
15description of the property to be sold sufficient to identify it
16as to location and character, and the terms and conditions of
17sale shall ask for sealed bids for the purchase thereof, direct
18all bids to be sent to the city clerk on or before a certain
19date, and give any other information relating to such bids as
20may be necessary; shall announce that the bids shall be opened
21and read at a public meeting of council to be held at a time
22fixed, and that council shall have the right to reject any and
23all bids. In lieu of the above contents of the advertisement,
24the advertisement may give a brief description of the property
25to be sold, sufficient to identify it as to location and
26character, and provide for a public sale of the property to the
27highest responsible bidder, at such time and place as shall be
28designated by council, with the right reserved to council to
29reject any and all bids.

30(b) A city that elects to sell property to a nonprofit

1corporation for community development or reuse may waive the
2advertising and bidding requirements of subsection (a) only upon
3entering into a written agreement with the nonprofit corporation
4that requires the property to be used for industrial, commercial
5or affordable housing purposes. This exemption shall not apply
6to property on which existing governmental functions are
7conducted.]

8Section 222. Section 2562 of the act is repealed:

9[Section 2562. Delivery of Deed.--If council accepts the
10highest responsible bid for such property, the city treasurer
11shall, within twenty days after such acceptance and upon the
12receipt of the purchase money, deliver to the successful bidder,
13his heirs or assigns, a deed in fee-simple for the property sold
14as aforesaid, which shall be acknowledged by the mayor and
15attested by the city clerk.]

16Section 223. The act is amended by adding a section to read:

17Section 2562.1. Conduct of Tax Sales.--The procedures and
18requirements relating to the sale of property for delinquent
19taxes, including, but not limited to, the advertisement for and
20the time and conduct of the sale, the payment of the purchase
21price and the distribution of proceeds, making the return and
22confirmation of sale and the delivery of deed shall be governed
23by the act of July 7, 1947 (P.L.1368, No.542), known as the
24"Real Estate Tax Sale Law," or the Municipal Claim and Tax Lien
25Law as utilized by the city in accordance with section 2542.1,
26and by any applicable rules of court governing procedures for
27tax sales.

28Section 224. Article XXVI heading of the act is reenacted to
29read:

30ARTICLE XXVI

1LICENSES AND LICENSE FEES

2Section 225. Article XXVI subdivision (a) heading of the act
3is repealed:

4[(a) General Powers to License]

5Section 226. Section 2601 of the act, amended October 4,
61978 (P.L.950, No.188), is amended to read:

7Section 2601. [License Taxes for Revenue Purposes.--Council
8may, by ordinance, levy and collect a license tax for general
9revenue purposes, not exceeding one hundred dollars each,
10annually, on all photographers, auctioneers, contractors,
11druggists, hawkers, peddlers, produce or merchandise vendors,
12bankers, brokers, other than real estate brokers, undertakers,
13pawnbrokers, trading stamp or premium companies or dealers,
14warehouses or storage houses or places, parking lot operators,
15merchants of all kinds, persons selling or leasing goods upon
16installments, grocers, confectioners, butchers, wholesale meat
17dealers, restaurants, billiard parlors, bowling alleys, billiard
18tables, pool tables, and other gaming tables and devices; all
19motor buses and motor omnibuses, trackless trolley omnibuses and
20street railway cars transporting passengers for pay or hire
21within the limits of the city, or from such city only to points
22within a radius of ten miles of the city's boundaries; all
23skating rinks, operas, theatres, shows, circuses, menageries,
24and all kinds of public exhibitions for pay, except those for
25religious, educational or charitable purposes; all lumber
26dealers, persons who work on commission and all persons who make
27a business of buying lumber for sale at wholesale or retail; all
28furniture dealers, saddle or harness dealers, stationers,
29jewelers, livery or automobile or boarding-stable keepers; all
30market-house companies and owners of market-houses, garage

1companies, and owners of other than private garages, express
2companies or agencies; and all persons operating vehicles upon
3the streets of the city as carriers for hire or compensation,
4which persons regularly pick up or deliver or otherwise
5transport wholly within or to or from the city property at an
6annual rate not in excess of ten dollars per vehicle so used,
7but not to exceed one hundred dollars per annum from any person
8so operating: Provided, however, That in lieu thereof, the city
9may levy an annual license tax not in excess of one hundred
10dollars upon any such person having a place of business located
11within the city; and, where no other license tax is imposed, on
12telegraph, telephone, steam-heating, gas, natural gas, water,
13electric light or power companies, or agencies or individuals
14furnishing communication, light, heat or power, by any of the
15means enumerated, and to regulate the collection of the same. If
16any person, firm or corporation conducts a business at more than
17one location in a city, the business conducted at each location
18shall be considered and assessed as a separate and independent
19business, and shall be subject to a license tax: Provided, That
20the word "business," as used in this sentence, shall not be
21construed to mean or include any place of business at which the
22principal business conducted is that of selling, storing or
23distributing products manufactured by the firm, person or
24corporation operating the business. The taxes assessed under
25this section shall be in addition to all other taxes levied and
26collected by the city, county, or Commonwealth.] Licensing and 
27Regulatory Powers.--In addition to all other powers granted by 
28this act and other laws, each city shall have the specific 
29licensing and regulatory authority provided by this article.

30Section 227. The act is amended by adding a section to read:

1Section 2601.1. Registration of Businesses or Occupations.--
2(a) Council may, by ordinance, designate the types or kinds of
3businesses or occupations located or carried out within the city
4that are subject to annual registration with the city.

5(b) Unless otherwise provided in this article, an ordinance
6requiring registration in accordance with this section may
7provide for an annual fee on businesses and occupations in an
8amount reasonably related to the administration of the
9registration program, not to exceed one hundred dollars.

10Section 228. Sections 2602 and 2603 of the act are amended 
11to read:

12Section 2602. Regulation of Motor Vehicles.--[Each city may
13regulate the transportation by motor vehicles not operated on
14tracks of passengers or property, for pay, within the limits of
15the city, or from points in the city to points beyond the limits
16of the city. In such regulation, the city may impose reasonable
17license fees, make regulations for the operation of vehicles,
18and may designate certain streets upon which such vehicles may
19only be operated.] (a) Subject to subsection (b), a city may 
20regulate transportation by motor vehicle.

21(b) A city shall have no authority to, and shall not,
22regulate transportation by motor vehicle in a manner that is
23preempted by or is inconsistent with applicable Federal and
24State laws and regulations, policies or orders of Federal and
25State regulatory agencies.

26(c) The following words and phrases when used in this
27section shall have the meanings given to them in this subsection
28unless the context clearly indicates otherwise:

29"Regulate." Licensing and making regulations for
30transportation by motor vehicle, including the designation of

1streets for transportation by motor vehicle.

2"Transportation by motor vehicle." The transportation, for
3pay, of passengers and property, within the limits of the city
4or from points in the city to points beyond the limits of the
5city, by a motor vehicle which is not operated on tracks.

6Section 2603. Licensing of Plumbers.--Council may license 
7and provide for the collection of a license fee from all 
8persons, [copartnerships] partnerships, associations, or 
9corporations engaged or engaging in the business or work of 
10plumbing or house drainage, who shall have been certified as 
11being qualified to engage in such business, in such manner as 
12may be provided by ordinance or the laws of the Commonwealth.

13Section 229. The act is amended by adding sections to read:

14Section 2604. Power to Regulate and License Transient
15Merchants.--(a) With regard to transient merchants, a city
16shall have power, by ordinance, to regulate and license the
17transient merchant, including, but not limited to, requiring
18that a license be procured prior to commencement of transient
19merchant activity.

20(b) An ordinance adopted pursuant to subsection (a) may
21impose a penalty not exceeding five hundred dollars for a
22violation of its provisions and may provide for other means of
23enforcement.

24(c) The amount of a transient merchant license shall not
25exceed two hundred fifty dollars for each month, or fractional
26part thereof, during which any sale or solicitation is
27continued.

28(d) (1) The term "transient merchant" as used in this
29section shall include all of the following:

30(i) Transient wholesale and transient retail businesses for

1the sale of goods, wares or merchandise within the city.

2(ii) Transient charitable solicitors for the solicitation of
3charitable contributions within the city.

4(2) The term shall not include any of the following:

5(i) Farmers selling their own produce.

6(ii) Persons selling donated goods, wares and merchandise if
7the proceeds of the sale are to be applied to any charitable or
8philanthropic purpose.

9(iii) A person selling bakery products, meat and meat
10products or milk and milk products, if that person is the
11manufacturer or producer of the products sold.

12Section 2605. Regulation of Special Events.--(a) In
13addition to other licensing and regulatory powers authorized in
14this article, council shall have the authority, by ordinance, to
15require a permit for and to reasonably regulate the conduct of a
16special event, which may include, but is not limited to, a music
17festival, concert, dance, circus, carnival, arts and craft show,
18parade, public assembly, demonstration, performance, exhibition,
19community event or block party.

20(b) Regulation of a special event pursuant to this section
21shall be for the purpose of protecting and preserving city and
22public property or for the purpose of promoting or protecting
23the public health, safety or welfare.

24(c) Pursuant to this section a city may reasonably regulate
25and require a permit for any of the following:

26(1) A special event that will result in the obstruction of a
27city street or sidewalk or that would compromise the ability of
28the city to respond to a public safety emergency.

29(2) A special event on any property wholly or partially
30owned or maintained by the city.

1(3) A special event on private property, if, in
2connection with the event, the city will be providing city
3services, including those relating to public safety, fire and
4sanitary facilities, to a degree over and above that which the
5city routinely provides.

6Section 230. Article XXVI subdivision (b) heading, sections
72610, 2611 and 2612, subdivision (c) heading, sections 2620,
82621 and 2622, subdivision (d) heading, sections 2630, 2631,
92632, 2633, 2634, 2635, 2636, 2637, 2638, 2639 and 2640 and
10subdivision (e) heading of the act are repealed:

11[(b) Restrictions

12Section 2610. Farmers.--No city shall levy or collect any
13license fee from any farmer upon his sales of his own produce in
14or about the streets of the city, but this provision shall not
15be deemed to restrict in any other way a city's power to
16regulate the conduct of such business.

17Section 2611. Insurance Business.--No city shall levy or
18collect any license fee upon insurance companies or their
19agents, or insurance brokers, authorized to transact business
20under the laws of the Commonwealth.

21Section 2612. Persons Taking Orders by Samples.--No city
22shall levy or collect any license fee or mercantile tax upon
23persons taking orders for merchandise by sample, from dealers or
24merchants for individuals or companies who pay a license or
25mercantile tax at their chief places of business. Nothing in
26this section shall authorize any person to sell by retail to
27others than dealers or merchants.

28(c) Transient Retail Merchants

29Section 2620. Power to Regulate and License.--Every city
30shall have power, by ordinance, to regulate and license each and

1every transient wholesale and retail business within such city
2for the sale of goods, wares, or merchandise, and to prohibit
3the commencement or doing of any such business until or unless
4the license required by such ordinance has been procured from
5the proper authorities by the person, firm or corporation
6desiring to commence such transient wholesale and retail
7business, and to enforce such ordinances by penalties not
8exceeding three hundred dollars and by other appropriate means.
9The amount of such license shall not exceed two hundred dollars
10for each month, or fractional part thereof, during which any
11such sale is continued.

12Section 2621. Exceptions.--Nothing contained in this
13subdivision (c) shall be construed to apply (1) to farmers
14selling their own produce, (2) to the sale of goods, wares, and
15merchandise, donated by the owners thereof, the proceeds whereof
16are to be applied to any charitable or philanthropic purpose, or
17(3) to any manufacturer or producer in the sale of bread and
18bakery products, meat and meat products, or milk and milk
19products.

20Section 2622. Commonwealth License Saved.--Nothing contained
21in this subdivision (c) shall be construed to relieve any
22person, partnership, or corporation from the duty of taking out
23a license, or from the payment of any license tax imposed or
24authorized by any other statute of this Commonwealth.

25(d) Public Dances and Dance Halls

26Section 2630. Definitions.--The term "public dance" or
27"public ball," as used in this subdivision (d), shall be taken
28to include any dance or ball conducted in connection with
29instruction in dancing for hire, and any dance or ball to which
30admission may be had by the payment of a fee or by the purchase,

1possession, or presentation of a ticket or token, or in
2connection with which a charge is made for caring for clothing
3or other property, and any dance or ball to which the public
4generally may gain admission with or without the payment of a
5fee.

6The term "dance hall" or "ball room," as used in this
7subdivision, shall be taken to include any room, place, or space
8in which a public dance or public ball, as herein defined, shall
9be held, and any room, hall, or academy in which classes in
10dancing are held and instruction in dancing is given for hire.

11Section 2631. Permits for Dances; Fees.--No person, persons,
12society, club, or corporation shall hold a public dance or
13public ball, within the limits of any city, without having first
14obtained a permit therefor from the mayor thereof, except for
15dances held and conducted by regularly established instructors
16in dancing in connection with such instruction.

17The fee for such permit, which shall be paid at the time of
18the issuing thereof, shall be one dollar for each public dance
19or ball.

20Section 2632. Dance Halls, Ball Rooms, and Academies to be
21Licensed; Fees.--It shall be unlawful to hold or conduct any
22public dance or public ball, or to hold or conduct classes in
23dancing, or to give instructions in dancing for hire, in any
24hall, ball room, or academy, within the limits of any city,
25unless the dance hall or ball room or academy, in which the same
26may be held, shall have been duly licensed for such purpose.

27Application for such license shall be made by the proprietor
28of such dance hall or ball room or academy to the mayor, who is
29hereby authorized to issue the same.

30The fee payable for each such license granted hereunder shall

1be as follows:

2In the case of dance halls maintained and conducted in
3connection with regularly established instruction in dancing,
4and exclusively used in such connection, the annual license fee
5shall be ten dollars.

6In the case of all other dance halls and ball rooms, the
7annual license fee shall be fifteen dollars.

8Each license granted hereunder shall expire on the first day
9of June of each year.

10The fee payable for each license granted hereunder shall be
11for the whole or any portion of a calendar year, and all moneys
12received by way of license fees hereunder shall be paid into the
13general fund of the city.

14Every licensed public dance hall or ball room or academy
15shall post its license in a conspicuous place within the hall
16where the dance is held.

17Section 2633. Mayor to Investigate Applications.--It shall
18be the duty of the mayor to cause an investigation of all
19applications for public dance hall or ball room licenses to
20determine whether or not the dance hall, ball room, or academy,
21sought to be licensed, complies with the rules, regulations,
22ordinances, and laws applicable thereto, and, in making such
23investigation he shall, when desired, have the assistance of any
24department of the government of the city.

25Section 2634. Safe and Proper Places only to be Licensed.--
26No license for a public dance hall or ball room or academy shall
27be issued until it shall be ascertained that the place for which
28it is issued complies with and conforms to all laws, ordinances,
29health and fire regulations, applicable thereto, and is a safe
30and proper place for the purpose for which it shall be used,

1properly ventilated, and supplied with sufficient toilet
2conveniences.

3Section 2635. Revocation of Licenses.--The license of any
4public dance hall or ball room or academy may be forfeited or
5revoked by the mayor for disorderly or immoral conduct on the
6premises, or upon proof that the dance hall, ball room, or
7academy was frequented by disorderly or immoral persons, or for
8the violation of any of the rules, regulations, ordinances, and
9laws governing or applying to public dance halls, ball rooms, or
10academies, or public dances. If at any time the license of a
11public dance hall, ball room, or academy shall be forfeited or
12revoked, at least three months shall elapse before another
13license or permit shall be granted for dancing on the same
14premises.

15Section 2636. Licensed Places to be Kept Clean.--All public
16dance halls or ball rooms or academies shall be kept at all
17times in a clean, healthful, and sanitary condition, and all
18stairways and other passages and all rooms connected with public
19dance hall, ball room, or academy shall be kept open and well
20lighted.

21Section 2637. Inspection of Licensed Places; Power of Police
22to Vacate.--All public dance halls, ball rooms, and academies
23shall be subject to inspection by the police department of the
24city at all reasonable times and whenever they are open for
25dancing, instruction in dancing, or for any other purpose.

26Any police officer shall have the power to cause the place,
27hall, or room where any public dance or ball is given to be
28vacated whenever any provision of any law or ordinance with
29regard to public dances and public balls is being violated, or
30whenever any indecent act shall be committed, or when any

1disorder of a gross, violent or vulgar character shall take
2place therein.

3Section 2638. Persons Under Sixteen to be Excluded after
4Nine O'clock Post Meridian.--It shall be unlawful, after nine
5o'clock post meridian, to permit any person to attend or take
6part in any public dance who has not reached the age of sixteen
7years.

8Section 2639. Halls to be Closed at One O'clock Ante
9Meridian.--All public dances shall be discontinued, and all
10public dance halls shall be closed, on or before the hour of one
11o'clock ante meridian: Provided, however, That upon the
12application of a bona fide organization or society, and upon an
13investigation by the proper authority, the mayor may grant such
14organization or society a permit to continue a dance until two
15o'clock ante meridian.

16Section 2640. Penalties.--Any person, persons, society,
17club, or corporation who shall violate any of the provisions of
18this subdivision (d), shall be subject to a penalty of twenty-
19five dollars, to be recovered with costs in a summary
20proceeding.

21(e) Parking Lots for Profit]

22Section 231. Section 2650 of the act, amended October 5,
231979 (P.L.195, No.64), is amended to read:

24Section 2650. Regulation[; Revenue; Bonding] of Parking Lot 
25and Parking Garage Operators.--(a) For the purposes of
26protecting the public [and of raising revenue], each city may
27enact suitable ordinances regulating the business of operating
28[for profit] for-profit parking lots and for-profit parking 
29garages within the city [and may require such lots to reserve
30areas exclusively for parking by handicapped individuals.

1License or permit fees may be charged and collected from the
2operators of such parking lots]. Ordinances shall be consistent 
3with 75 Pa.C.S. (relating to vehicles). Each city may require 
4for-profit parking lots and for-profit parking garages to 
5reserve areas exclusively for parking by handicapped 
6individuals. Nothing in this section shall be construed to limit 
7the protections and prohibitions contained in section 202 of the 
8Americans with Disabilities Act of 1990 (Public Law 101-336, 104 
9Stat. 327), the act of October 27, 1955 (P.L.744, No.222), known 
10as the "Pennsylvania Human Relations Act," and the Federal and 
11State rules and regulations adopted in implementation of those 
12acts. License and permit requirements may be imposed on for-
13profit parking lots and for-profit parking garages and license 
14or permit fees may be charged and collected from the operators 
15thereof.

16(b) Any city adopting [such] a regulatory plan [shall
17require from each operator a bond to be approved by council for
18the protection of the public from loss of or damage to the
19vehicles parked, stored or placed under the jurisdiction of such
20parking lot operator.] applicable to for-profit parking lots and 
21for-profit parking garages shall have the authority to require 
22that each operator maintain insurance, from an insurer legally 
23authorized to conduct business in this Commonwealth, in amounts 
24not less than that which is prescribed by council for the 
25protection of the public from loss of or damage to the vehicles 
26parked, stored or placed under the jurisdiction of the operator 
27and against liability arising out of the ownership or use of the 
28parking lot or parking garage.

29Section 232. The act is amended by adding sections to read:

30Section 2651. Farmers.--No city shall levy or collect any

1license fee from any farmer upon sales of the farmer's own
2produce in or about the streets of the city. This section shall
3not restrict in any other way a city's power to regulate the
4conduct of a farmer's business.

5Section 2652. Insurance Business.--No city shall levy or
6collect any license fee upon insurance companies or their
7agents, or insurance brokers, authorized to transact business
8under the laws of this Commonwealth.

9Section 2653. Persons Taking Orders By Samples.--No city
10shall levy or collect any license fee or mercantile tax upon
11persons taking orders for merchandise by sample, from dealers or
12merchants for individuals or companies who pay a license or
13mercantile tax at their chief places of business. Nothing in
14this section shall authorize a person to sell by retail to
15persons other than dealers or merchants without payment of a
16license or permit fee.

17Section 2654. Commonwealth License Saved.--Nothing contained
18in this article shall be construed to relieve any person,
19partnership or corporation from the duty of taking out a license
20or from the payment of any license tax or fee imposed or
21authorized by any other statute, nor shall any Commonwealth
22license tax or fee preempt the registration, license or
23regulatory powers of a city in accordance with this article,
24unless the preemption is expressly authorized.

25Section 233. Article XXVII heading of the act is amended to
26read:

27ARTICLE XXVII

28[INDEBTEDNESS] REAL ESTATE REGISTRY

29Section 234. Sections 2701 and 2703 of the act are repealed:

30[Section 2701. No Unauthorized Debt to be Created.--No city

1and no municipal department thereof shall create any debt,
2except in pursuance of previous authority of law or ordinance.

3Section 2703. Liability in Bond Transfers.--All certificates
4of loans, issued by a city, shall be transferable by the legal
5owners thereof without any liability on the part of the transfer
6agents of the city to recognize or see to the execution of any
7trust, whether expressed or implied, or constructive, to which
8such loans may be subject, unless such transfer agents of the
9city shall have previously received notice, in writing, signed
10by or on behalf of the person for whom such loans appear by the
11certificate thereof to be held in trust, that the proposed
12transfer would be a violation of such trust.]

13Section 235. The act is amended by adding a section to read:

14Section 2704. Real Estate Registry.--(a) For the purpose of
15procuring accurate information in reference to the ownership of
16all real estate, the council of each city may provide, by
17ordinance, for a real estate registry in accordance with the act
18of October 9, 2008 (P.L.1400, No.110), known as the "Uniform
19Municipal Deed Registration Act." If required by the ordinance,
20every owner, subsequent purchaser, devisee or person acquiring
21title by partition or otherwise to any real estate in the city
22shall furnish, at the designated city office, descriptions of
23their respective properties upon blanks to be furnished by the
24city and, at the same time, present their conveyance to be
25stamped by the designated city official or employe, without
26charge, as evidence of its registration. A person who fails to
27register real estate as required by this article shall be liable
28for a penalty established by ordinance to be recovered, with
29costs of suit, in the name and for the use of the city, as
30penalties for the violation of city ordinances are recoverable.

1(b) A registry established in accordance with this article
2shall be in the form provided by council and may include books,
3maps and plans. The registry shall show the location and
4dimensions of each property in the city, as well as the street
5number of and the name of the owner or owners of the properties,
6and shall allow for the inclusion of the names of future owners
7and dates of future transfer of title.

8(c) A city official or employe charged with acquiring
9information necessary to establish and maintain the registry
10shall have free access, without charge, to any of the public
11records wherein the information may be obtained. The official or
12employe may also cause search to be made in any other place for
13any documentary or other evidence of title, not reported to the
14city official or employe pursuant to this article, if it is
15necessary for the completion of the registry.

16(d) The registry shall be preserved in the manner council
17shall designate, in accordance with 53 Pa.C.S. Ch. 13 Subch. F
18(relating to records).

19(e) The official or employe charged with the duty of
20maintaining the registry shall provide certified copies of any
21of the entries thereto, and the copies shall be received in
22evidence in the same manner as the original registry would be
23admissible. Certified copies also shall be furnished to any
24person for a reasonable fee.

25(f) The sheriff of the county in which the city is situated
26shall present for registry the deeds of all properties within
27the city limits sold by the sheriff at judicial sales, whether
28by execution, in partition or otherwise.

29(g) Each city's registry may be used as the lawful and
30proper source of property owners' or reputed owners' names for

1all lawful purposes including the filing of municipal claims.

2(h) Nothing in this section shall invalidate any municipal
3or tax claim by reason of the fact that the same is not assessed
4or levied against the registered owner.

5Section 236. The act is amended by adding an article to
6read:

7ARTICLE XXVII-A

8NUISANCE ABATEMENT

9Section 2701-A. Definitions.

10The following words and phrases when used in this article
11shall have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Abatement." The removal, stoppage or destruction by any
14reasonable means of that which causes or constitutes a public
15nuisance.

16"Department." The department designated by the city council
17to determine the existence of and to abate a public nuisance in
18accordance with this article.

19"Owner." With regard to the property on which the alleged
20public nuisance exists, the owner of record based upon the
21city's real estate registry, if the city maintains a registry,
22or if the city does not maintain a real estate registry, on the
23tax assessment records of the city, if any, or of the county in
24which the city is located. The term may include any person in
25whom is vested all or any part of the legal or equitable title
26to the property or who has charge, care or control of the
27property as agent, executor, administrator, assignee, receiver,
28trustee, guardian, lessee or mortgagee in possession.

29"Property." Any personal property or any real property and
30any improvements thereto.

1"Public nuisance."

2(1) Any conduct or any property, or condition or use of
3property, defined or declared to be a public nuisance under
4any provision of this act or other law.

5(2) Conduct or property, or the condition or use of
6property if the department determines that it endangers the
7health or safety of, or causes any hurt, harm, inconvenience,
8discomfort, damage or injury to, any person or property in
9the city, by reason of the conduct or property, or the
10condition or use of the property, being any of the following:

11(i) A menace, threat or hazard to the general health
12and safety of the community.

13(ii) A fire hazard.

14(iii) A building or structure that is unsafe for
15occupancy or use.

16(iv) Property that is so inadequately or
17insufficiently maintained that it diminishes or
18depreciates the enjoyment and use of other property in
19its immediate vicinity to such an extent that it is
20harmful to the community in which the property is
21situated.

22(3) Unauthorized accumulations of garbage and rubbish
23and the unauthorized storage of abandoned or junked
24automobiles or other vehicles on private or public property,
25and the carrying on of any offensive manufacture or business.

26"Summary abatement." Abatement of a public nuisance by the
27city without prior notice to the owner of the property in
28accordance with this article.

29Section 2702-A. Report and investigation of public nuisance.

30(a) Designation of department.--Council shall designate the

1department to which reports of the existence of a possible
2public nuisance shall be made.

3(b) Criteria for investigating reports.--The designated
4department shall establish criteria for investigating reports
5made to it to determine the existence of a public nuisance. The
6reports may be submitted by any member of the public, any city
7employee or elected or appointed city official or result from
8inspections made by the department.

9(c) Notification.--If the department, either as a result of
10a report made to it or an investigation made by it, reasonably
11believes the reported property involves a building which appears
12to be structurally unsafe, it shall notify the city's building
13inspector or other appropriate official who shall cause the
14property to be inspected, subject to constitutional standards in
15a similar manner as provided in section 2308, and submit a
16written report to the department.

17(d) Determination.--Upon completing its investigation and
18receiving any written reports required by subsection (c), the
19department shall determine all of the following:

20(1) If a public nuisance exists.

21(2) If the public nuisance is of such a severe and
22substantial nature that it presents a clear, immediate and
23substantial danger to public health or safety or to the
24health or safety of any occupant of a property on which a
25public nuisance exists or of any property in the vicinity of
26the public nuisance, that it is sufficient to justify
27extraordinary and immediate action without prior notice to
28the owner of the property to avoid personal injury, death or
29substantial loss of property.

30(e) Retention of records.--Following an investigation, the

1department shall retain a copy of its findings including any
2reports made to it and any photographs of the property or
3condition investigated, pursuant to 53 Pa.C.S. Ch. 13 Subch. F
4(relating to records).

5Section 2703-A. Summary abatement.

6(a) General rule.--A city shall have the power to utilize
7summary abatement in accordance with this section.

8(b) Conditions.--In the case of a reported public nuisance,
9the department shall have authority to utilize summary abatement
10if all of the following occur:

11(1) The department determines the existence of the
12criteria in section 2702-A(d)(1) and (2).

13(2) The mayor, or the mayor's designee, provides express
14authorization to utilize summary abatement.

15(c) Notice not required.--If summary abatement is
16implemented pursuant to subsection (b), the department shall
17have the authority to enter upon the property for the purpose of
18abatement without prior notice to the owner of the property or
19to the holders of liens thereon.

20(d) Procedure.--The following shall apply:

21(1) Within ten days following a summary abatement, the
22department shall post on the property upon which the
23abatement has occurred a notice describing the action taken
24to abate the nuisance.

25(2) Within 20 days following a summary abatement, the
26department shall determine the identity of the owner of the
27property by reference to the city's real estate registry, if
28the city maintains a registry, or in the absence of a
29registry, by reference to county assessment records and the
30identity of the holders of all liens upon the property which

1are properly indexed among the records of the county and
2provide to the owner and to all lienholders written notice,
3by first class mail or hand delivery, of the action taken to
4abate the nuisance.

5(3) Within 30 days following a summary abatement, the
6department shall file with the city treasurer or other
7financial officer of the city designated by council a
8statement of costs of the abatement, which shall include the
9administrative fee and civil penalty provided by this
10article. After filing with the city treasurer, notice of the
11statement of costs shall be provided to the owner and
12lienholders in accordance with section 2704-A(b).

13Section 2704-A. Prior notice of abatement.

14(a) Abatement authority.--The department shall have the
15authority to abate a public nuisance with prior notice as
16provided by this section if, after inspecting the property or
17condition reported to be a public nuisance, subject to
18constitutional standards in a similar manner as provided in
19section 2308, the department determines, as provided for in
20section 2702-A(d)(1), that the public nuisance exists.

21(b) Method of notice.--

22(1) If the department proceeds with abatement pursuant
23to this section, it shall identify the owner of the property
24by reference to the city's real estate registry, if the city
25maintains a registry, or in the absence of a registry, by
26reference to county assessment records, and shall immediately
27serve a written notice on the owner by any of the following
28methods:

29(i) Personal service.

30(ii) Leaving a copy of the notice at the usual place

1of residence or business of the owner or the address of
2the owner shown in the city's real estate registry or in
3the records in the office of the recorder of deeds.

4(iii) Mailing a copy by United States certified
5mail, return receipt requested, to the owner at the
6owner's current address shown in the city's real estate
7registry or in the records in the office of the recorder
8of deeds.

9(2) If service of the written notice is unable to be
10perfected by any of the methods under paragraph (1), the
11department shall publish a copy of the notice in a newspaper
12of general circulation once a week for two consecutive weeks
13and shall provide a copy of the notice to the individual in
14possession of the property on which the department has
15determined that the public nuisance exists, or if there is no
16individual in possession of the property, the department
17shall post a copy of the notice at the structure, location or
18premises.

19(3) The department shall determine from the records in
20the offices of the recorder of deeds the identities of all
21lienholders of the property and serve a written notice on all
22lienholders by United States certified mail, return receipt
23requested.

24(c) Contents of notice.--The notice to the owner and
25lienholders shall state clearly and concisely the findings and
26determination of the department with respect to the existence of
27a public nuisance. The notice shall further state that the
28public nuisance shall be abated by the city at the expense of
29the owner unless it is otherwise abated within 30 days of the
30notice or within any extension of that period granted by the

1department.

2(d) Liability.--A person who is the owner of the premises,
3location or structure at the time a notice to abate a public
4nuisance is issued and served upon the person shall be
5responsible for complying with the notice and shall be liable
6for any costs incurred by the city in connection with the
7notice, notwithstanding if the person conveyed the person's
8interest in the property to another after the notice was issued
9and served.

10(e) Defense.--It shall not be a defense to the determination
11that a public nuisance exists that the property is boarded up or
12otherwise enclosed.

13Section 2705-A. Abatement by owner.

14(a) Duty of owner.--Within 30 days after written notice has
15been provided pursuant to section 2704-A(b)(1) or (2), the owner
16shall remove and abate the nuisance.

17(b) Extension.--The department, upon written application by
18the owner within the 30-day period referred to in subsection
19(a), may grant additional time for the owner to effect the
20abatement of the public nuisance, if the extension is limited to
21a specific time period.

22Section 2706-A. Appeal after notice; hearing.

23(a) Hearing.--A city shall, by ordinance, provide a
24procedure pursuant to which an owner of the property who has
25been served with a notice pursuant to section 2704-A(b)(1) or
26(2) may request and have a timely hearing on the question of
27whether a public nuisance in fact exists.

28(b) Appeal board.--Council, or a committee of three council
29members appointed by council, shall constitute the public
30nuisance appeals board which, if an appeal is taken, shall

1conduct the hearing on the question of whether a public nuisance
2in fact exists. The appeals board may uphold, amend or modify
3the determination of the department or extend the time for
4compliance with the department's order if the extension is
5limited to a specific time period.

6(c) Time limitations.--An appeal under this section shall
7toll the running of the period of time within which the nuisance
8is to be abated until a decision is rendered by the appeals
9board.

10Section 2707-A. Abatement by city after notice; statement of
11costs.

12If a public nuisance has not been abated at the expiration of
1330 days after notice has been provided or within the additional
14time as the department or appeals board may grant, taking into
15consideration the provisions of section 2706-A(c), the
16department shall have the authority to enter upon the property
17for the purpose of abatement. Upon abatement in accordance with
18this section, the department shall file with the city treasurer
19or other financial officer of the city designated by council a
20statement of costs of the abatement which shall include the
21administrative fee and civil penalty provided by this article.

22Section 2708-A. Assistance in abatement.

23In abating a public nuisance, the department may call upon
24any of the city departments or divisions for whatever assistance
25shall be deemed necessary or may abate the public nuisance by
26private contract.

27Section 2709-A. Salvage of material.

28If deemed practicable by the department, the department may
29salvage and sell at private or public sale any material derived
30from an abatement of a public nuisance. Pursuant to ordinance,

1all of the following shall apply to the proceeds obtained from
2the sale of any material salvaged as a result of an abatement:

3(1) The proceeds shall be deposited as directed by
4ordinance.

5(2) The proceeds may be applied against the amount of
6the costs, fees and penalties relating to the abatement.

7(3) If the amount of the proceeds exceeds the amount of
8the costs, fees and penalties, any excess shall be paid to
9the owner.

10Section 2710-A. Notice of assessment; appeal of charges.

11(a) Notice of assessment.--Upon receipt of the statement of
12costs from the department, either for a summary abatement
13pursuant to section 2703-A or for an abatement with notice
14pursuant to section 2704-A, the treasurer or other financial
15officer of the city designated by council shall, in accordance
16with section 2704-A(b), give notice of the amount set forth in
17the statement of costs to the owner and lienholders of the
18property upon which the public nuisance has been abated. The
19notice shall state that the city proposes to assess against the
20property the amount set forth in the notice and that objections
21to the proposed assessment must be made in writing and received
22by the designated officer within 20 days from the date of
23mailing the notice.

24(b) Lien.--Upon the expiration of the 20-day period, if no
25written objections have been received by the officer, the total
26amount of costs, fees and penalties specified in the statement
27of costs may be entered as a lien against the property on which
28the nuisance was abated and shall be collected in the manner
29provided for the collection of municipal claims and liens,
30subject to rights of appeal provided in this section.

1(c) Administrative review.--If objections of the owner or a
2lienholder are received by the designated officer prior to the
3expiration of the 20-day period, the officer shall refer the
4matter to the department for administrative review.

5(d) Procedure.--The city shall, by ordinance, provide a
6procedure by which the department shall make a determination
7regarding any timely filed objection and by which an appeal of
8the department's determination may be made to the appeals board
9referred to in section 2706-A(b).

10(e) Final administrative decision.--The determination of the
11appeals board shall be a final administrative decision within
12the city.

13(f) Reduction or cancellation of assessment.--The
14department, in administrative review, or the appeals board, on
15appeal, may reduce or cancel a proposed assessment if it is
16determined that any of the following did not conform to the
17provisions of this article:

18(1) The notice to remove the nuisance.

19(2) The work performed in abating the nuisance.

20(3) The computation of charges.

21(g) Elimination of civil penalty.--The department, in
22administrative review, or the appeals board, on appeal, may
23reduce a proposed assessment by eliminating the civil penalty
24portion of the statement of costs if any of the following
25applies:

26(1) The current owner did not own the property at the
27time the notice required in section 2703-A was posted.

28(2) The owner did not receive the notice to remove the
29nuisance, did not have knowledge of the nuisance and could
30not, with the exercise of reasonable diligence, have had

1knowledge of the nuisance.

2Section 2711-A. Personal liability of owner.

3Notwithstanding the right of the city to utilize in rem
4proceedings to pursue collection of the costs, fees and
5penalties in the statement of costs as a municipal claim, the
6person who is the owner of the property at the time of a summary
7abatement at which the notice required is given or, in the case
8of an abatement pursuant to section 2704-A, the person who was
9the owner of the property at the time notice of the existence of
10the public nuisance was given, shall be personally liable for
11the amount of the assessment, including all interest, other
12charges and, except as provided in section 2710-A(g), civil
13penalties.

14Section 2712-A. Administrative fee and civil penalties.

15Whenever a public nuisance is abated by the city, the
16statement of the costs of the public nuisance shall include the
17city's actual cost of abatement, plus an administrative fee, not
18to exceed 10%, and a civil penalty. For the first abatement of a
19nuisance upon any owner's property within the city in any two-
20year period, the civil penalty shall be $250. For second and
21subsequent abatements, upon any properties of any owner within
22the city during any two-year period, the civil penalty shall be
23$500. The increased civil penalty shall be imposed and collected
24regardless of whether the second and subsequent nuisances upon
25property or properties of an owner involve the same property or
26are of the same or different characters.

27Section 237. Article XXVIII heading of the act is amended to
28read:

29ARTICLE XXVIII

30[PROCEDURE FOR THE EXERCISE OF EMINENT DOMAIN AND THE

1ASSESSMENT OF DAMAGES AND BENEFITS BY VIEWERS]

2EMINENT DOMAIN

3Section 238. Sections 2801 and 2802 of the act are amended 
4to read:

5Section 2801. Exercise of Eminent Domain.--[In the] (a) In 
6addition to all other purposes for which a city may exercise the 
7power of eminent domain as authorized by this act or by other 
8laws of the Commonwealth, and subject to the duty to provide 
9just compensation, a city may acquire property by eminent 
10domain, including entering upon, appropriating, taking, using 
11and occupying private lands and property for any of the 
12following public purposes:

13(1) The laying out, opening, widening, extending, vacating,
14grading, or changing the grades or lines[,] of streets[, the].

15(2) The construction of bridges, and the piers, abutments
16and approaches therefor[, the].

17(3) The construction of slopes, embankments and storm water 
18sewers, including storm water drains[, the].

19(4) The erection and extension of [water-works] waterworks,
20wharves and docks, public buildings, public works, filtration
21plants, sewage systems, sewage treatment works, [garbage] waste
22disposal plants, [lands and places for the disposal of ashes and
23other refuse materials] including disposal of garbage, ashes and 
24other refuse materials and transfer facilities, gas plants,
25electric power and light plants, [houses of detention,
26workhouses, poor farms, poor houses,] fire [engine] houses,
27hospitals, public auditoriums, memorial buildings, public 
28transportation facilities, comfort stations, homeless shelters,
29waiting stations, communications facilities, drinking fountains,
30[and] libraries[, the] and other public buildings and public 

1works.

2(5) The establishing of recreation places[, and].

3(6) The changing of watercourses[, the].

4(7) The acquisition of lands, easements and property for use
5of the Pennsylvania National Guard[, and for all other purposes
6authorized by this act and the laws of the Commonwealth, a city
7may enter upon, appropriate, take, use, occupy, injure, or
8destroy, private lands, property, toll bridges, or material. All
9such action by the city shall be provided for by ordinance. A
10copy of each such ordinance shall be recorded within thirty days
11after its enactment in the office of the recorder of deeds in
12and for the county or counties wherein such property is situate,
13and shall be indexed in the name of the property owner affected
14thereby. A copy of the ordinance shall be sent by registered
15mail to each such property owner at his last known address.] in 
16accordance with sections 4413-A and 4414-A.

17(b) Eminent domain proceedings shall be subject to and
18conform with the provisions of 26 Pa.C.S. (relating to eminent
19domain).

20Section 2802. Restrictions as to Certain Property.--In
21addition to the restrictions made by other provisions of this
22act in particular cases or by any other provision of law, no
23city shall exercise the right of eminent domain as against land
24now occupied by any building which was used during the Colonial
25or Revolutionary period as a place of Assembly by the Council of
26the Colony of Pennsylvania, the Supreme Executive Council of the
27Commonwealth of Pennsylvania, or the Congress of the United
28States; or as against the land occupied by any fort, redoubt, or
29blockhouse[,] erected during the Colonial or Revolutionary
30period[,] or any building used as headquarters by the Commander-

1in-Chief of the Continental Army, or as against the site of any
2building, fort, redoubt, blockhouse, or headquarters[,] which
3are preserved for their historic associations and not for
4private profit. The Colonial and Revolutionary period shall be
5[taken as] deemed to have ended on the third day of September,
6one thousand seven hundred and eighty-three.

7Section 239. The act is amended by adding a section to read:

8Section 2803. Title Acquired.--Except as otherwise provided
9in law, if land or other real or personal property is acquired
10by a city in eminent domain proceedings or is acquired by gift,
11purchase or otherwise, the title obtained by the city shall be
12in fee simple absolute or like absolute ownership unless the
13parties agree otherwise in writing and the agreement expressly
14appears in a recorded deed affecting any real property acquired
15by the city or in the notice of condemnation.

16Section 240. Sections 2809 and 2823 of the act are repealed:

17[Section 2809. Value of Land or Property not to be Assessed
18as Benefits; Exception.--In all cases of the appropriation of
19land or property for public use, other than for streets, it
20shall not be lawful to assess any portion of the damage done to
21or value of the land or property so appropriated, against the
22other property adjoining or in the vicinity of the land or
23property so appropriated.

24Section 2823. Assessment of Damages and Benefits.--The
25damages may be paid, in whole or in part, by the city, or may be
26assessed, in whole or in part, upon the land or property
27benefited. In the latter case, the viewers having first
28determined the damages apart from the benefits shall assess the
29total cost of the improvement, or so much thereof as may be just
30and reasonable, upon the lands or properties peculiarly

1benefited, including in the assessment all parties for which
2damages have been allowed, and shall report the same to the
3court. The total assessments for benefits shall not exceed the
4total damages awarded or agreed upon.]

5Section 241. Section 2824 of the act is reenacted to read:

6Section 2824. Assessment Awards.--In proceedings to assess
7damages and benefits, if the land or property is both benefited
8and damaged by such improvements, the excess of damages over
9benefits, or the excess of benefits over damages, or nothing in
10case the benefits and damages are equal, shall be awarded to or
11assessed against the owner of land and property affected
12thereby.

13Section 242. Section 2850 of the act is repealed:

14[Section 2850. Title Acquired.--In all cases where land or
15property is acquired by the city in eminent domain proceedings
16other than for street purposes, or is acquired by gift, purchase
17or otherwise, the title obtained by the city shall be in fee
18simple or like absolute ownership: Provided, That in particular
19instances a different title may by agreement or consent be
20acquired.]

21Section 243. Article XXIX heading of the act is reenacted to
22read:

23ARTICLE XXIX

24STREETS

25Section 244. The heading of subdivision (a) of Article XXIX
26of the act is repealed:

27[(a) Plans and Location]

28Section 245. The act is amended by adding sections to read:

29Section 2901. Map of Streets.--Council may authorize and
30approve a comprehensive map of city streets which may, but need

1not, be a part of an official map adopted in accordance with the
2Municipalities Planning Code. If a comprehensive map of city
3streets is adopted, any street subsequently laid out in
4accordance with this act shall be deemed an amendment to the
5comprehensive map.

6Section 2902. Laying Out Streets.--(a) A city shall have
7the power to and may lay out streets by any of the following
8means:

9(1) By identifying the street on a comprehensive map of city
10streets, in an amendment to the comprehensive map or in a
11recorded subdivision or land development plan.

12(2) By an ordinance laying out any area for future opening
13as a public street.

14(b) If, at the time of the enactment of an ordinance in
15accordance with subsection (a)(2), the lines of the laid-out
16street include property not subject to use as a public
17passageway, the ordinance shall be filed with the recorder of
18deeds of the county where the city is located. The recorder of
19deeds shall index the ordinance by name of city, the name of the
20property owner and, if applicable, the parcel number of the
21property through which the proposed street is laid out.

22Section 2903. Effect of Laying Out of Street.--With regard
23to land not previously used by the city as a passageway for
24public travel, the laying out and locating of a street in
25accordance with this article shall not, in and of itself, do any
26of the following:

27(1) Authorize the entry upon or the appropriation of any
28property.

29(2) Constitute the opening of any street or the taking or
30acceptance of any land.

1(3) Obligate the city to improve or maintain the street or
2land.

3Section 2904. Improvements Within Laid-out Streets.--No
4permit shall be issued for any building within the lines of any
5street laid out pursuant to this article. No person shall
6recover any damages for the taking for public use of any
7building or improvements constructed within the lines of any
8street after the same shall have been included in the general
9plan or official map, and any building or improvement shall be
10removed at the expense of the owner.

11Section 246. Article XXIX subdivision (b) heading of the act
12is repealed:

13[(b) Opening, Widening, Extending, Straightening and Vacating]

14Section 247. Section 2915 of the act is amended to read:

15Section 2915. Power to Open, Etc.--[Cities] (a) With regard 
16to any street or any part of a street within city limits, a city 
17may, with or without any petition of property owners, [may] do 
18any of the following:

19(1) [open] Open, widen, straighten, alter, extend and
20improve[, and may].

21(2) [establish] Establish or reestablish the grades [of,
22and].

23(3) [keep] Keep in order and repair and in safe passable
24condition[, any street, or any part thereof, within the city
25limits, or may].

26(4) [vacate] Vacate and discontinue [the same] whenever
27deemed expedient for the public good[,].

28(5) With the approval of the Department of Transportation,
29vacate highways laid out by the Commonwealth within the city
30limits which have remained unopened for thirty years.

1(b) [and] A city may provide for the payment of the cost
2[thereof,] for any of the actions authorized in subsection (a),
3either in whole or in part, from the general revenues of the
4city. [Cities may vacate highways laid out by the Commonwealth
5within their limits, which highways have remained unopened for
6thirty years.]

7Section 248. Section 2916 of the act, amended June 14, 1961
8(P.L.362, No.197), is amended to read:

9Section 2916. Ordinances [when no] When No Petition is
10Presented.--[Any ordinance for](a) An ordinance shall be 
11enacted for the opening, widening, straightening, extending or
12vacating of any street, without petition of property owners,
13[shall be adopted] by the affirmative vote of [at least four
14members of any five member council, and under the mayor-council
15plan A of government adopted pursuant to the Optional Third
16Class City Charter Law, by the affirmative vote of at least five
17members of a seven member council and by the affirmative vote of
18at least seven members of a nine member council] a majority of 
19the whole number of members of the council plus one.

20(b) [No such ordinance shall be finally adopted] An 
21ordinance pursuant to subsection (a) shall not be finally 
22enacted until the expiration of twenty-eight days from the date
23of its introduction and, in the meantime, copies thereof shall
24be published in [one or more of the newspapers of the city,] a 
25newspaper of general circulation in the city once a week for
26three consecutive weeks, immediately following the introduction
27thereof, and in case no newspaper is published in the city, then
28in the same manner in one newspaper published in the county as 
29required by section 109.

30Section 249. Sections 2917, 2918 and 2919 of the act are 

1amended to read:

2Section 2917. Erection of Improvements Restricted.--Any
3ordinance widening or straightening any street, or part thereof,
4shall fix the new line or lines and may require that thereafter
5no owner or builder shall erect any new building or rebuild or
6alter the front of any building already erected without making
7it conform to the new lines[. In], in which case the land
8owner's right of action shall accrue only when the city actually
9enters on and occupies the land within the [said lines, or the
10said] lines or the building is located or relocated to conform
11to [said] the lines.

12Section 2918. Petition for Opening, Etc.--(a) A petition 
13may be presented to council for the opening, widening, 
14straightening, altering, extending, vacating, or [for the] 
15establishing or reestablishing of the grade of any street[,]. 

16(b) A petition made pursuant to this section shall be signed 
17by a majority, in number and interest, of the owners of property 
18abutting on the line of the proposed improvement or vacation as 
19fixed at the time of presentation of the petition, and shall be 
20verified by the affidavit of one or more of the petitioners. The 
21majority in interest of owners of undivided interests in any 
22piece of property shall be deemed as one person for the purposes 
23of the petition.

24Section 2919. Notice of [Ordinance and] Petition[;
25Appeal].--[Upon the approval of] After the presentation of the 
26petition presented in accordance with section 2918, and 
27council's determination of the adequacy of the petition, but 
28before final enactment of any ordinance [passed] enacted
29pursuant to [said] the petition, notice shall be [given, once a
30week in one] published in a newspaper of general circulation 

1once a week for three consecutive weeks as required by section 
2109, [as required by section one hundred and nine of this act,]
3and [by] handbills shall be posted in conspicuous places along
4the line of the proposed improvement. The notice and handbills 
5shall state the fact [of the passage of the ordinance, and the
6date thereof,] that the petition for the improvement was signed
7by a majority in interest and number of the owners of property
8abutting the line of the proposed improvement, and that any
9person interested may [appeal to the court of common pleas of
10the county within thirty days after the passage of the said
11ordinance.] provide comments at a public hearing to be held at a 
12date, time and place as stated in the published notice and 
13handbills. If, after the hearing, council determines to proceed 
14with the consideration of an ordinance pursuant to the petition, 
15it shall publish notice of the ordinance and incorporate 
16reference to any maps or drawing, in accordance with subdivision 
17(a.1) of Article X.

18Section 250. Section 2920 of the act is repealed:

19[Section 2920. Appeal from Ordinance.--Any person interested
20may, within thirty days from the passage of the ordinance,
21appeal from the validity of the ordinance to the court of common
22pleas questioning the legality of the petition for improvement
23or of the said ordinance or of both. If said court shall find
24the petition or ordinance materially defective under the law, it
25shall declare the ordinance void, otherwise it shall approve the
26same.]

27Section 251. Section 2921 of the act, repealed in part June
283, 1971 (P.L.118, No.6), is repealed:

29[Section 2921. Effect of Failure to Appeal.--The parties
30interested shall not question the legality of the petition and

1ordinance in any manner or matter or at any time whatever,
2except as provided in section two thousand nine hundred and
3twenty of this act.]

4Section 252. Section 2922 of the act is amended to read:

5Section 2922. Assessment of Damages and Benefits.--[In any
6proceedings under this subdivision of this article,] If 
7necessary, in any proceedings to exercise one of the powers 
8given in section 2915, viewers shall be appointed, damages
9awarded, and benefits assessed as provided in 26 Pa.C.S. 
10(relating to eminent domain) or as provided in this act for
11[such proceedings] the assessment of benefits.

12Section 253. Article XXIX subdivision (c) heading of the act
13is repealed:

14[(c) Grading, Paving, Macadamizing, Et Cetera]

15Section 254. Sections 2930 and 2931 of the act are amended 
16to read:

17Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.--
18(a) Every city may grade, pave, macadamize or otherwise[,]
19improve any street, or part thereof, and the sidewalks thereof
20when included as a part of the improvement, have the same set
21with curbstone, and provide for the drainage thereof.

22(b)  Every city may also provide for the improvement of any
23[highway, or] street, or any sections or parts thereof, in
24length, in the space between the curb, gutter, or [actual
25carriage-way line] cartway and the property line, either by an
26original work or improvement thereon, or by a change, repair,
27renewal, or alteration in the [said] street or curb, or in
28parking spaces, or shade trees, or by changing, altering,
29renewing, replanting, pruning, or otherwise [improving the same,
30in any or all of said particulars] making improvements therein.

1Section 2931. Payment of Cost of Improvement.--The costs and
2expenses of [things] the improvements done under [section two
3thousand nine hundred and thirty of this act] section 2930 shall
4be paid, in whole or in part, by the city, or by the owners of
5real estate bounding and abutting thereon, which cost and
6expense upon the abutting real estate shall be assessed
7[according to the foot-front rule, or according to the benefits,
8as council shall, by ordinance, determine, except that in case
9of grading only, the said costs and expense shall be assessed
10according to benefits] in accordance with Article XLV-A.

11Section 255. Sections 2932, 2933 and 2934 of the act are
12repealed:

13[Section 2932. Assessment of Cost by Foot-Front Rule.--When
14the costs and expenses, or any part thereof, are to be paid for
15by the foot-front rule, the council shall assess or cause to be
16assessed the said cost and expenses upon the real estate
17bounding or abutting on the line of the improvement, by an equal
18assessment on said property in proportion to the number of feet
19the same fronts on the respective street, or part thereof, to be
20improved. The council may provide for an equitable reduction
21from the frontage of lots at all street, railroad, or like
22intersections, or where, from the peculiar or pointed shape of
23the lots, an assessment for the full frontage would be
24inequitable.

25Section 2933. Assessment of Costs According to Benefits.--
26When the cost and expenses, or any part thereof, of any grading,
27paving, macadamizing, or other improvement of any street, or
28part thereof, is to be paid for by the owners of real estate
29abutting or bounding thereon as aforesaid, according to
30benefits, the same shall be assessed by viewers appointed by the

1court of common pleas, as provided in this act for the
2assessment of benefits by viewers.

3Section 2934. Ordinance for Improvement at Expense of
4Property Owners upon Petition.--Council may, by ordinance,
5provide for the paving, macadamizing, grading, or other
6improvement of any street, or part thereof, at the cost and
7expense of the abutting property owners in whole or in part,
8upon the petition therefor of a majority in number or interest
9of the owners of property abutting or bounding on the line of
10the proposed improvement, to be verified by the affidavit of one
11or more of the petitioners. A majority in interest of owners of
12undivided interests in any piece of property shall be deemed and
13treated as one person for the purpose of said petition.]

14Section 256. Section 2935 of the act, amended June 14, 1961
15(P.L.362, No.197), is repealed:

16[Section 2935. Ordinance for Improvement at Expense of
17Property Owners without Petition.--Council may, by ordinance,
18provide for the paving, macadamizing, grading or other
19improvement of any street, or part thereof, at the cost and
20expense of the abutting property owners, in whole or in part,
21without petition therefor of abutting property owners if the
22ordinance for such improvement has been passed by the
23affirmative vote of four members of any five member council, and
24under the mayor-council plan A of government adopted pursuant to
25the Optional Third Class City Charter Law, by the affirmative
26vote of at least five members of a seven member council and by
27the affirmative vote of at least seven members of a nine member
28council. Such ordinance shall not be passed in a less period
29than twenty-eight days from the date of its introduction; and,
30in the meantime, copies of such ordinance shall be published, in

1one or more newspapers, once a week for three weeks, in the
2manner required by section one hundred and nine of this act. The
3requirements for such publication shall not, however, preclude
4the amendment of any paving ordinance as to the kind of pavement
5with which any street, or part thereof, or sidewalk, is proposed
6to be paved.]

7Section 257. Sections 2936 and 2937 of the act are repealed:

8[Section 2936. Appeal from Ordinance.--Any person affected
9may appeal from said ordinance in the manner and time and with
10the effect provided for in sections two thousand nine hundred
11twenty and twenty-one of this act.

12Section 2937. Assessment of Damages and Benefits.--In any
13proceedings under this subdivision of this article where the
14cost and expense of the improvement is not assessed by the foot-
15front rule, viewers shall be appointed, damages awarded, and
16benefits assessed as provided in this act, for such
17proceedings.]

18Section 258. Section 2938 of the act is amended to read:

19Section 2938. Preparation of Streets for Paving or
20Repairing.--(a) Council may provide, by ordinance, for the
21laying, renewing, and repairing of all gas, water, steam, or
22other pipes, or conduits[,] in any street, before the paving,
23repaving, or repairing of the same, and for making the necessary
24[house] connections with [said] the pipes[, and also for].

25(b) With regard to main or lateral sewers, council may 
26provide for the necessary [house] connections and branches [with
27and] leading into main or lateral sewers[: Provided, That in no
28case, except as a sanitary measure, of which council shall be
29the judge, shall council require such house connections to be
30extended further from such sewers, or from such gas, water,

1steam, or other pipes, or conduits, than to the inner line of
2the curbstone of such street Council may,].

3(c) With regard to connections requiring extensions from
4sewers or from gas, water, steam or other pipes or conduits,
5council may not require private utility companies to make
6extensions beyond the inner line of the curbstone of the street
7unless it determines that it is necessary to do so as a sanitary
8measure.

9(d) If, after notice to all companies, corporations,
10persons, and owners affected[, and in default of compliance
11therewith, cause said pipes to be laid, renewed, or repaired,
12and said connection made,] of the necessity for the laying, 
13renewing and repairing of gas, water, steam or other pipes or 
14conduits in a street and the necessity of making necessary 
15connections, prior to the proposed paving, repaving or repairing 
16of the street, there is a failure to comply, council may perform 
17work and may collect the cost of paving[, and repairing all
18pipes and pipe connections, from the companies, corporations, or
19persons owning or operating the said gas, water, steam, and
20other pipes or conduits,] or repaving, or repairing of the pipes 
21or conduits, with interest[; and the], from the companies, 
22corporations, persons and owners affected. The cost of the sewer
23connections shall be a first lien against the land for whose
24benefit [such] the connections are made. A separate lien may be
25filed therefor, or [such] the sewer connection cost may be
26included in any lien filed for the cost of [such] the street
27improvement, and the lien and the proceedings thereon shall be
28as in the case of other municipal liens.

29Section 259. Section 2939 of the act, amended September 26,
301951 (P.L.1515, No.379), is amended to read:

1Section 2939. Highways in Cities.--Wherever in this act a
2city is given powers, rights and duties as to its streets or
3sections thereof, the same shall extend as well to highways or
4sections thereof which are also streets of the city, to the
5extent that the city is legally responsible for them, pursuant 
6to agreement or otherwise, excepting damages to abutting
7property owners for acts of the Commonwealth unless the city
8shall assume them, under this act or the [State Highway Law.] 
9act of June 1, 1945 (P.L.1242, No.428), known as the "State 
10Highway Law." The use of the word "street" in this act shall to
11that extent include highways.

12Section 260. Article XXIX subdivision (d) heading of the act
13is repealed:

14[(d) Grade Crossings]

15Section 261. Section 2950 of the act is amended to read:

16Section 2950. [Consent of Public Utility Commission] Grade 
17Crossing; Pennsylvania Public Utility Commission; Jurisdiction; 
18Damages.--(a) Every city constructing a street across a
19railroad shall construct the same above or below the grade
20thereof, unless permitted by the Pennsylvania Public Utility
21Commission to construct the same at grade.

22(b) Any new construction of a street crossing a railroad, or
23any vacation of any street crossing a railroad, shall be
24constructed or vacated only in a manner consistent with the
25rules and regulations and under the jurisdiction of the
26Pennsylvania Public Utility Commission. The compensation for
27damages to the owners of adjacent property taken, injured or
28destroyed by the construction of a street crossing a railroad or
29any vacation of any street crossing a railroad shall be
30ascertained, fixed and paid in a manner consistent with 66

1Pa.C.S. Pt. I (relating to public utility code).

2Section 262. Section 2951 and Article XXIX subdivision (e)
3heading of the act are repealed:

4[Section 2951. Public Utility Commission; Jurisdiction;
5Damages.--Any such crossings of a railroad by a street, or any
6vacation of any street crossing a railroad, shall be constructed
7or vacated only in the manner prescribed by, and under the
8jurisdiction of, the Public Utility Commission. The compensation
9for damages to the owners of adjacent property taken, injured or
10destroyed shall be ascertained, fixed, and paid in the manner
11prescribed in the Public Utility Law.

12(e) Acquisition of Unobstructed View Across Lands]

13Section 263. Section 2955 of the act is amended to read:

14Section 2955. Acquisition of Unobstructed Views.--Any city
15may acquire, by purchase or by the right of eminent domain, a
16free and unobstructed view down and across lands located at or
17near intersections or curves of streets, railroads or railways,
18[or curves of any of them, as may be necessary,] to assure a
19free and unobstructed view in all directions at [such places,]
20the intersections or curves and to prevent the use of [such] the
21lands over and across which the view was acquired for any
22purpose or in any manner which may interfere with or obstruct
23the vision of any person or persons traveling upon any [such]
24street within the city. [Upon any such condemnation, the city
25having instituted the condemnation proceedings shall file with
26the recorder of deeds a plan, showing the property condemned and
27such other detailed information as may be deemed necessary and,
28after the same is filed, said city may, from time to time, abate
29or remove, or cause to be abated or removed, any obstruction to
30such view over and across such lands.

1The proceedings for the condemnation of such view over and
2across such lands, and for the assessment of damages for
3property taken, injured or destroyed, shall be in the manner
4provided in this act for property taken, injured or destroyed.

5Upon the condemnation of a view over and across any lands for
6the purposes aforesaid, the owner of such lands may make every
7such use thereof as will not interfere with a free and
8unobstructed view at such intersection or curve. Unless
9specially provided for in such condemnation proceedings, such
10condemnation shall not be construed to prevent the owner thereof
11from using such land for pasture or the growing of grass, oats,
12wheat, or other crops which will not obstruct the vision more
13than wheat.]

14Section 264. Article XXIX subdivision (f) heading of the act
15is repealed:

16[(f) Use of Abutting Lands]

17Section 265. Section 2960 of the act is amended to read:

18Section 2960. Use of Abutting Lands for Embankments, Slopes,
19Fills, and Culverts.--In the grading of any street, or any part
20thereof, cities are hereby authorized and empowered to use so
21much of the lots and lands abutting on the [same] street for the
22construction of embankments, slopes, fills and culverts, as may
23be necessary [and proper] for the completion of the improvement.
24[The assessment of] Compensation for damages, costs, and
25expenses, resulting [thereby, shall be regarded as other
26assessments of damages, costs, and expenses, caused by the
27grading of streets, in cities and shall be assessed and paid as
28is provided by this act in such cases] from the use of lots and 
29lands abutting on the street for the construction of 
30embankments, slopes, fills and culverts shall be made in the 

1same manner as compensation for using and occupying private 
2lands for the grading of streets in accordance with section 
32801.

4Section 266. Article XXIX subdivision (g) heading, section
52963, subdivision (h) heading, section 2965 and subdivision (i)
6heading of the act are repealed:

7[(g) Abandoned Turnpikes

8Section 2963. Maintenance and Improvement of Condemned and
9Abandoned Turnpikes.--When any turnpike, or part thereof,
10situate in the same or more than one county, shall be condemned
11for public use, free of tolls, and the assessment of damages
12therefor shall have been paid by the county, or when any
13turnpike company or association has abandoned its turnpike, or
14any part thereof, or when any turnpike company or association
15has been dissolved, such turnpike, or part thereof, located
16within the limits of any city shall be maintained and improved
17in the same manner as other streets of the city.

18(h) Unlawful Assessments

19Section 2965. Repayment of Assessments Paid to City by
20Owners of Property Unlawfully Assessed.--Any city receiving
21money in payment of an assessment levied under any provision of
22this article shall repay the same or so much thereof as shall be
23ordered to any parties bringing the action, within two years of
24such payment or payments, upon the final determination of a
25proper court in a proper issue that the assessment levied was
26not such as the owner of the property so assessed was liable to
27pay at the time council ordered the work to be done for which
28the assessment was made, or within the said period of two years,
29the city may repay such money voluntarily upon a showing that
30the same was paid inadvertently, or such assessment or part

1thereof was made erroneously.

2(i) Streets or Roads Connecting City with Highways]

3Section 267. Section 2970 of the act is amended to read:

4Section 2970. Appropriation for Connections with Highways.--
5Cities may, singly or jointly, with other political
6subdivisions, appropriate and expend moneys for the improvement
7of streets or roads beyond the limits of [such] the cities[,]
8for the purpose of connecting improved streets in [such] the
9cities with a highway [whenever that part of the connecting
10street or road to be improved outside the city limits shall be
11less than one mile in length].

12Section 268. Article XXIX subdivision (j) heading of the act
13is repealed:

14[(j) Detours]

15Section 269. Section 2975 of the act is amended to read:

16Section 2975. [Streets not to be Closed to Vehicular
17Traffic; Exceptions.--]Street Closings; Detours.--(a) The 
18following shall apply to the closing of a street to vehicular 
19traffic:

20(1) No street shall be closed to vehicular traffic, except
21upon order of the Department of Streets and Public Improvements,
22[or, by order of the mayor] or other department of the city 
23having jurisdiction over public streets or, in cases of 
24emergency where immediate action is necessary to protect public 
25safety, by order of the mayor, the police or the fire marshal[,
26in cases of emergency, wherein the safety of the public would be
27endangered, nor shall any such].

28(2) A street [be] may not remain closed for a longer period
29than is necessary for the purpose for which [such] the order
30[is] to close was issued.

1(3) Except in cases of emergency, where immediate action is
2necessary to protect public safety, no street shall be closed to
3vehicular traffic when the same has been designated as a detour
4by the Department of Transportation, unless the written consent
5of the Secretary of Transportation has first been obtained or
6unless council shall, by resolution duly recorded on its
7minutes, declare the closing necessary for the safety of the
8public.

9(4) When any street which forms a part or section of a State
10highway, or has been designated as a detour by the Department of
11Transportation, is closed to vehicular traffic, the city shall
12at once notify the Department of Transportation of the creation
13of a detour, as hereinafter provided. When the detour is
14removed, the Department of Transportation shall also be notified
15at once of the removal.

16(5) When any street is to be closed, it shall be the duty of
17the official or department that authorized the closing to
18designate a detour.

19(6) While the detour is in use, legible signs shall be
20erected and maintained at reasonable intervals, indicating the
21proper direction, and the detour shall be maintained in safe and
22passable condition.

23(7) When the street that had been closed is opened for
24traffic, all detour signs shall be removed.

25(b) A city may enter into agreement with the owners of
26private lands covering the acquisition of right of way
27privileges for a detour over private property for the period
28when a street shall be closed to traffic. In case no agreement
29satisfactory to the parties can be reached, the city may proceed
30with the construction of the detour, with the owner of the

1property taken for the detour entitled to seek damages, if any,
2in the same manner as damages are now ascertained for the
3opening of streets in the city.

4(c) In the exercise of the rights conferred by this section
5relating to detours, council is hereby empowered to pay for the
6necessary maintenance, subsequent repair and land rental out of
7funds available for the construction and maintenance of city
8streets.

9(d) Any person who shall wilfully remove, deface, destroy or
10disregard any barricade, light, danger sign, detour sign, signal
11or warning of any other character whatsoever so legally erected
12or placed or who shall drive on, over or across any street which
13has been closed by proper authority commits a summary offense
14punishable upon conviction thereof in accordance with section
151018.16, but with a mandatory fine of not less than five hundred
16dollars ($500) or more than the maximum fine authorized in
17section 1018.17 for the second or any subsequent offense, and
18shall pay the costs of prosecution together with the value of
19the property so removed, defaced or destroyed, except that
20persons who have no outlet due to the closing of a street may
21drive on, over or across the street, subject to reasonable
22conditions as may be prescribed by the city without being
23subject to the penalties imposed by this section.

24(e) All fines collected under the provisions of this section
25shall be paid over to the treasurer of the city.

26(f) In addition to the penalties provided in subsection (d),
27the city, its agents or contractors may, in an action at law,
28recover damages from any person or persons who have damaged a
29street when it is closed to vehicular traffic.

30Section 270. Sections 2976, 2977 and 2978 of the act are

1repealed:

2[Section 2976. Closing of Streets Designated as Detours by
3State.--No street shall be closed to vehicular traffic when the
4same has been designated as a detour by the Department of
5Highways of the Commonwealth, unless the written consent of the
6Secretary of Highways has first been obtained, or unless council
7shall, by resolution duly recorded on its minutes, declare such
8closing necessary for the safety of the public.

9Section 2977. Notice of Detour on Streets Forming Part of
10Highway.--When any street which forms a part or section of a
11highway, is closed to vehicular traffic, the city shall at once
12notify the Department of Highways of the Commonwealth of the
13creation of a detour, as hereinafter provided. When such detour
14is removed, the Department of Highways shall also be notified at
15once of the removal.

16Section 2978. Detours to be Provided when Streets Closed.--
17When any street shall be closed, as hereinbefore provided, it
18shall be the duty of the city authorities authorizing the
19closing to immediately designate or lay out a detour, on which
20they shall erect, or cause to be erected and maintained while
21such detour is in use, legible signs at each intersection
22throughout its entire length, indicating the proper direction.
23During the period when such detour is in use, it shall be the
24duty of such authorities closing the street to maintain such
25detour in safe and passable condition. It shall also be the duty
26of the authorities closing the street and maintaining the detour
27to immediately remove all detour signs when the street
28originally closed is opened for traffic. Whenever necessary in
29the creation of a detour, as aforesaid, the city authorities
30responsible for laying out the detour may enter into agreement

1with the owners of private lands, covering the acquisition of
2right of way privileges over private property for the period
3when the street shall be closed to traffic. In case no agreement
4satisfactory to the parties can be reached, the authorities
5responsible for the laying out of the detour may proceed with
6the construction of the same, and either such authorities or the
7owner of the property occupied may petition the court for the
8appointment of viewers to ascertain the damages, if any, in the
9same manner as damages are now ascertained for the opening of
10streets in such city. In the exercise of the rights conferred by
11this section, council is hereby empowered to pay for the
12necessary maintenance, subsequent repair, and land rental out of
13such funds as are available for the construction and maintenance
14of the streets in their charge.]

15Section 271. Section 2979 of the act, amended March 25, 1988
16(P.L.260, No.29), is repealed:

17[Section 2979. Penalties.--Any person who shall wilfully
18remove, deface, destroy or disregard any barricade, light,
19danger sign, detour sign, or signal, or warning of any other
20character whatsoever so legally erected or placed, or who shall
21drive on, over or across any street which has been closed by
22proper authority, shall, upon conviction thereof in a summary
23proceeding before a magistrate, alderman, or justice of the
24peace, be sentenced to pay a fine of not less than two hundred
25dollars nor more than five hundred dollars for the first
26offense, and a mandatory fine of five hundred dollars for the
27second or any subsequent offense, and the costs of prosecution
28together with the value of the sign so removed, defaced or
29destroyed, and, in default of the payment thereof, shall be
30sentenced to imprisonment of not more than ten days: Provided,

1however, That persons who have no outlet due to the closing of a
2street may drive on, over or across such street, with the
3consent in writing of, and subject to such conditions as may be
4prescribed by, the authorities responsible for the closing or
5their agents or contractors, without being subject to the
6penalties imposed by this section.

7In addition to the penalties herein provided, the authorities
8responsible for the maintenance of a street which has been
9closed to vehicular traffic, or their agents or contractors,
10may, in an action at law, recover damages from any person or
11persons who have damaged a street when it is closed to vehicular
12traffic. All fines collected under the provisions of this
13section shall be paid by the officer receiving the same to the
14treasurer of the city.]

15Section 272. Article XXIX subdivision (k) heading of the act
16is repealed:

17[(k) Boundary Streets]

18Section 273. Sections 2985 and 2986 of the act are amended
19to read:

20Section 2985. Maintenance of Streets Forming Boundaries.--
21Whenever any street is on the boundary line between any city and
22[a township, such] any other municipal corporation, the street
23shall be maintained jointly by the city and the [township] other 
24municipal corporation. For the purpose of maintaining any such
25street, the [authorities] officers of any city are hereby
26directed to enter into agreements with the [authorities of any
27township] other municipal corporation providing the manner in
28which the same shall be maintained[,] and providing for the
29division of the cost of maintenance between the city and
30[township] other municipal corporation. If any [such city or

1township] other municipal corporation shall fail or refuse to
2enter into any such contract, [any taxpayer thereof or the
3corporate authorities of the city or township] the city or any 
4taxpayer of the other municipal corporation may present a
5petition to the court of [quarter sessions] common pleas of the
6county, setting forth the facts. The court, after hearing, of
7which [such] notice shall be given to all parties interested as
8the court may direct, shall make an order directing the manner
9of such maintenance and the division of the cost of maintenance
10between the city and the [township] other municipal corporation.

11Section 2986. Streets, the Center Line of Which Is the
12Boundary [between Municipalities in the Same County] Between 
13City and Another Municipal Corporation.--Whenever [the center
14line of] any street constitutes the dividing line between [any
15city and a township located in the same county, the city may
16enter into a contract with the commissioners of the county and
17the commissioners or road supervisors of the township, as the
18case may be, providing for the grading, curbing, and
19macadamizing or paving, of the street; the cost of such
20improvement, to be borne one-half by the city, and one-half by
21the county and township, in equal portions.

22The alteration or improvement shall be constructed, and
23subsequent repairs shall be made, under the supervision of the
24proper authorities of the city, in compliance with existing laws
25governing the construction of such alterations or improvements
26in said city, and in further compliance with plans and
27specifications to be agreed upon, in writing, between said city
28and the commissioners of the county and commissioners or road
29supervisors of the said township. The cost of repairs shall be
30borne one-half by the city, and one-half by the township, or by

1the county and township, in equal portions, or such other
2proportions as may be agreed upon by the county and township] a 
3city and another municipal corporation, the city may enter into 
4a contract with the other municipal corporation to provide for 
5the grading, curbing, draining, paving and macadamizing of the 
6street. The alterations and improvements shall be made under the 
7supervision of the city or other municipal corporation, or by 
8contract let by the city or the other municipal corporation, as 
9may be provided for in the contract between the city and the 
10other municipal corporation.

11Section 274. Section 2987 of the act is repealed:

12[Section 2987. Street, the Center Line of Which is the
13Boundary between Municipalities in Different Counties.--Whenever
14the center line of any street constitutes a dividing line
15between a city and a township located in an adjacent county, the
16city may enter into a contract with the commissioners of the
17county and the commissioners or township supervisors of such
18township, as the case may be, providing for the grading,
19curbing, macadamizing, or paving of the street, the cost thereof
20to be borne one-half by the city, and one-half by the township
21and the county in which such township shall be situated, in
22equal portions.

23Such alteration or improvement shall be constructed, and
24subsequent repairs shall be made, under the supervision of the
25proper authorities of the city, in compliance with the
26provisions of this act governing such construction or
27improvement by the city, and in further compliance with plans
28and specifications to be agreed upon in writing between such
29city and the commissioners of the county and the commissioners
30or township supervisors of the township. The cost of repairs

1shall be borne one-half by the city, and one-half by the
2township or by the county and township in equal portions or such
3other proportion as may be agreed upon by the county and
4township.

5In all cases in which it shall be found impossible to enter
6into such contract or agreement, either the city or the county
7or township or any taxpayer thereof may present a petition to
8the court of common pleas of either county, setting forth the
9facts and circumstances, including the condition of the street
10from which the necessity or desirability for the grading,
11curbing, macadamizing, or paving appears, and the estimated cost
12thereof, and that the said city or county or the township have
13failed to agree upon terms of the said contract. Such court may,
14after hearing all the parties concerned, make its order or
15decree, defining the nature and character of the improvement
16reasonably necessary or desirable to be made to the street, and
17requiring the parties hereinabove specified to enter into a
18contract or contracts for the making and constructing of the
19same as herein provided for.

20A copy of the said petition, duly certified, shall be served
21upon the city, the county and the township concerned, other than
22the petitioner, with notice of such day as may be fixed by the
23court for the hearing. Thereupon, any or all of the parties
24served with such notice shall be entitled, on or before such
25date, to file in the said court its answers to the said
26petition, setting forth its version of the facts or such other
27matters in relation thereto as may be deemed necessary or proper
28by it. The court, upon the date so fixed or at such other time
29as it may appoint, shall hear the evidence of the parties, or it
30may refer the matter to a master, who shall hear the testimony

1of the parties and report his findings, in the same manner and
2under the same procedure as provided by the rules in equity in
3similar cases.

4The court may reject, confirm, or modify the report of the
5master and may make its decree or order directing the making of
6such alterations or improvements to the street as may be deemed
7reasonably necessary or desirable and providing for the sharing
8of the cost of such improvements, one-half by the city, and one-
9half by the county and township in equal portions. The said
10order or decree may further provide that the repairs to such
11alterations and improvements subsequently required shall be
12borne one-half by the city, and one-half by the county or
13township in equal portions, or such other proportions as between
14the county and the township as such court may find to be legal
15and proper. Thereupon the said grading, curbing, macadamizing,
16or paving of the street shall proceed in accordance with the
17decree or order of the said court in the same manner as if the
18contract or agreement provided for in this section had been
19entered into and duly executed.]

20Section 275. Sections 2988 and 2989 of the act are amended
21to read:

22Section 2988. Streets More Than Half of Whose Width is
23Within City.--(a) Whenever any street, more than one-half the
24width of which is within the limits of any city shall divide the
25[said] city from any other [municipality or township located
26within the same county, such] municipal corporation, the street
27may be improved by the city in the same manner as if the said
28street were entirely located within the limits of [said] the
29city.

30(b) The property [abutting on the side of said street which

1is located outside the limits of the city making such], within 
2and without the city, that abuts the street and benefits from 
3the improvements [shall] may, for a depth of one hundred and
4fifty feet plus one-half the width of [said] the street, the
5total measured from its center line, be assessed for any and all
6municipal improvements to or on the [said] street in the same
7manner as [such] the property would be assessed under the
8provisions of this act if it were entirely located within the
9limits of [such] the city.

10Section 2989. Assessment for Improvements on Property
11Outside Limits Where Street Entirely Within City.--Whenever any
12street, entirely within the limits of any city, shall divide the
13[said] city from any other [municipality or township located in
14the same county] municipal corporation, the property on the side
15of [said] the street, [opposite the present line of said city,
16shall] within and without the city, that abuts the street and 
17benefits from the improvement may, for a depth of one hundred
18and fifty feet from said line, be assessed for any and all
19municipal improvements to or on the streets on which the [said]
20property [shall abut] abuts, in the [manner provided by this act
21for such proceedings, as if the said property] same manner as 
22the property would be assessed under the provisions of this act 
23if it were entirely located within the limits of [said] the
24city.

25Section 276. Section 2990 of the act is repealed:

26[Section 2990. Street the Center Line of Which is the
27Dividing Line Between a City and Borough or Township of the
28First Class; Assessments.--Whenever the center line of any
29street constitutes the dividing line between a city and a
30borough, or a city and a township of the first class, located in

1the same county, the council of such city may, where such
2improvement is through built up property or properties duly
3plotted and laid out in lots for building purposes, and where
4two-thirds of the combined frontage of the two sides petition
5for the improvement, enter into a contract with the borough or
6township providing for the grading, curbing, draining, paving
7and macadamizing of such street. Such alterations and
8improvements shall be made under the supervision of the proper
9authorities of such city, borough, or township, or by contract
10let by such city, borough, or township, as may be provided for
11in the contract between the city and borough or township.

12No ordinance or ordinances authorizing any such improvement,
13where the whole or any part of the cost of the improvement is to
14be assessed against abutting property, shall be finally adopted
15until the expiration of thirty days from the date of its
16introduction, and, in the meantime, copies thereof shall be
17published, once a week for two weeks, in one newspaper
18circulating in such city, borough, and township immediately
19following the introduction thereof, and at least five copies
20thereof shall be posted along the line of the proposed
21improvement.

22The whole cost of such alterations and improvements, or any
23part thereof, as may be agreed upon in the contract between the
24city, borough, and township, may be collected from the owners of
25property within the city, borough, and within the township,
26abutting along the line of the improvement, by an equal
27assessment on the foot front. Any portion of such cost not
28assessed against abutting property shall be paid one-half by
29each of the municipal divisions joining in the improvement.

30Thirty days' notice of assessments of the whole cost or part

1of the cost of any such improvement shall be given to each party
2assessed, either by service on the owner or his agent, or posted
3on the premises by the clerk or secretary of the city, borough,
4or township making the improvement. If any assessment made by
5the city shall remain unpaid at the expiration of the notice, it
6shall be the duty of the city solicitor to collect the same,
7with interest from the time of the completion of the
8improvement, by action of assumpsit, or by a lien to be filed
9and collected in the same manner as municipal claims. When an
10owner has two or more lots against which there is an assessment
11for the same improvement, all of such lots shall be embraced in
12one claim.]

13Section 277. Article XXX heading of the act is reenacted to
14read:

15ARTICLE XXX

16SIDEWALKS

17Section 278. Sections 3001 and 3002 of the act are amended
18to read:

19Section 3001. Power to Lay Out and Grade Sidewalks; Compel
20Construction of Sidewalks.--Any city may lay out, ordain and
21establish sidewalks, curbs, gutters and drains along any street,
22and may, with or without petition, require owners of property
23abutting on any street to construct, pave, curb, repave and
24recurb the sidewalks, and keep the same in good repair along
25[such] their property, at such grades, and under such
26regulations and specifications as council may provide. The 
27written consent of the Department of Transportation shall first 
28be obtained if the highway is a State highway.

29Section 3002. Construction by Cities Upon Failure of Owner
30So to Do; Collection of Cost.--(a) Upon failure of any owner of 

1property abutting on any street to construct, pave, curb,
2repave, recurb or maintain any sidewalk [after notice so to do,
3the same may be done or caused to be done by the city, and the
4cost thereof], in accordance with the notice required in 
5subsection (d), the city, itself or by contract, may complete 
6the construction, paving, curbing, repaving, recurbing or 
7maintenance.

8(b) Costs incurred by the city pursuant to subsection (a) 
9may be levied against and collected from [such] the owner who 
10failed to complete the construction, paving, curbing, repaving, 
11recurbing or maintenance of the sidewalk pursuant to notice to 
12do so, together with a penalty of ten per centum of [such] the 
13costs and all charges and expenses[, which amount].

14(c) The costs, penalties, charges and expenses provided for 
15in subsection (b) shall be a lien upon [such premises] the 
16property for which the notice to construct, pave, curb, repave, 
17recurb or maintain the sidewalk was given. The lien shall exist
18from the time of the completion of the work, which [date shall
19be fixed by certificate of the city engineer, filed with the
20clerk, and may be collected by action in assumpsit, or such]
21shall be certified in accordance with section 1504. The lien may
22be filed and proceeded in as provided by law in the case of
23municipal liens[, or the] or may be collected from the owner by 
24action in assumpsit. Alternatively, the cost may be borne by the
25city in whole or in part[;] and if in part, the rest to be
26collected [from the owner] as provided herein.

27(d)  The notice required [herein] by this section shall be
28served upon the owner of property to construct, pave, curb, 
29repave, recurb or maintain a sidewalk, if that can be done
30within the county; [when it cannot be done so] if this cannot be 

1done, then the notice may be served upon the owner's agent or
2the party in possession; and if this cannot be done, then the
3notice may be served by posting conspicuously upon the premises.
4Council may, by ordinance, [establish the period of such notice
5after service after which the owner shall be deemed to have
6failed to comply therewith. Such period shall not be less than
7ten days] provide that, upon service or posting of notice in 
8accordance with this section, an owner shall be deemed to have 
9failed to comply if the work is not completed within a specified 
10period, which may be more but shall not be less than forty-five 
11days after the service or posting.

12Section 279. Section 3002.1 of the act, added August 11,
131967 (P.L.206, No.70), is amended to read:

14Section 3002.1. Ordinances.--All reconstruction, repaving,
15and recurbing of sidewalks may be provided for in the ordinance
16providing for the original construction, paving and curbing of
17sidewalks without the necessity for adopting a new ordinance
18providing for [such] the reconstruction, repaving and recurbing.

19Section 280. Section 3003 of the act is amended to read:

20Section 3003. Emergency Repairs; Notice; Cost.--(a) Any
21city may make emergency repairs to sidewalks, within its
22corporate limits[, when, in the opinion of the officer or head
23of the department lawfully having charge of sidewalk repairs, a
24dangerous condition exists that can be repaired by an
25expenditure of not more than fifty dollars, upon failure of the
26owner of the property to make such repair within forty-eight
27hours after the service of notice upon such owner so to do. The
28notice shall be served as provided in this article for
29constructing and maintaining sidewalks and curbs. It shall
30expressly state that emergency repairs are required.] if the 

1officer or designated individual representing the department in 
2charge of repairs to sidewalks, upon inspection, determines that 
3a substantial and immediate danger exists to the public health, 
4safety and welfare, in which case the officer or individual 
5shall prepare a written report of those conditions which shall 
6be conclusive evidence of the existence of the emergency 
7justifying the repair.

8(a.1) This section is intended to provide an additional
9remedy for cities in connection with emergency repairs [where
10the actual cost of doing the work does not exceed fifty dollars.
11The certificate of the officer or head of the department in
12charge of repairs to sidewalks shall be conclusive evidence of
13the existence of the emergency justifying such repair] of 
14sidewalks.

15(b) A copy of the written report shall be served upon the
16abutting property owner, along with a notice to make emergency
17repairs to the sidewalk within forty-eight hours of service of
18the notice and report. The notice and copy of the report shall
19be served as provided in this article for constructing and
20maintaining sidewalks and curbs. It shall expressly state that
21emergency repairs are required. If the owner fails to make the
22emergency repairs within the prescribed time, the city may make
23the emergency repairs to the sidewalk.

24(c) Upon the completion of any emergency repairs, the cost
25thereof shall be a charge against the owner of the abutting
26property, and shall be a lien, until paid, upon the abutting
27property, provided a claim is filed therefor in accordance with
28the law providing for the filing and collection of municipal
29claims. The amount of the claim against the owner of the
30abutting property may also be collected from the owner by an

1action in assumpsit.

2Section 281. Section 3004 of the act is repealed:

3[Section 3004. Cost of Emergency Repairs to be a Lien.--Upon
4the completion of any emergency repairs, the cost thereof shall
5be a charge against the owner of the property, and shall be a
6lien, until paid, upon the abutting property, provided a claim
7is filed therefor in accordance with the law providing for the
8filing and collection of municipal claims. Any such charge may
9also be collected from the owner by an action in assumpsit.]

10Section 282. Article XXXI heading of the act is amended to
11read:

12ARTICLE XXXI

13BRIDGES [AND VIADUCTS]

14Section 283. Article XXXI subdivision (a) heading of the act
15is repealed:

16[(a) Construction and Maintenance]

17Section 284. Sections 3101, 3102 and 3103 of the act are
18amended to read:

19Section 3101. Construction and Maintenance of Bridges [and
20Viaducts].--(a) Cities may locate, build and maintain bridges
21[or viaducts, and], wholly or partially within the city limits, 
22along with the piers, abutments and approaches [therefor]
23appurtenant to the bridges, to be used as public streets[, over
24rivers, creeks, streams, railroads and private property, or over
25and across any of them, whether the said viaducts or bridges be
26wholly within, or partly without and partly within, the city
27limits].

28(b) As used in this article, a bridge shall mean a structure
29built to span and provide passage over a valley, road, railroad
30track, private property, river, creek, stream or any other body

1of water or physical obstacle, and shall include viaducts
2constructed from a series of spans or arches.

3Section 3102. Ordinance for Location of Bridges;
4Procedure.--Cities may enact ordinances fixing the location and
5providing for the laying-out and opening of the routes or
6locations for [said] bridges [and viaducts], which shall be
7public streets; and the proceedings for the laying-out and
8opening thereof, shall be the same as is provided by this act
9for the laying-out and opening of streets.

10Section 3103. Right to Appropriate Property; Assessment of
11Damages.--In case the city has not agreed with the owner or
12owners for the damages done, or likely to be done, by the
13erection of [said] the bridge [or viaduct], the city may take
14and appropriate the lands and property necessary, over and
15across which to erect [said] the bridge [or viaduct], and the
16measure of damages [and benefits caused by such] for the taking
17and appropriation shall be assessed in the same manner and with
18like proceedings as provided [by this act for property taken,
19injured or destroyed] for property taken, injured or destroyed 
20under 26 Pa.C.S. (relating to eminent domain).

21Section 285. Article XXXI subdivision (b) heading of the act
22is repealed:

23[(b) Joint Construction and Maintenance]

24Section 286. Section 3110 of the act is amended to read:

25Section 3110. [Contract] Agreement for Joint Construction
26and Maintenance.--(a) The city may [contract] enter into an 
27agreement with any political subdivision or other public agency
28whatsoever or public utility or any other person interested and
29by law authorized thereto, or with any or all of them, for the
30laying out, construction, improvement and maintenance of any

1bridge [or viaduct], or for certain parts thereof, and for the
2payment of any damages caused thereby.

3(b) An agreement as authorized in subsection (a) shall
4provide for the respective duties, obligations and
5responsibilities of the parties thereto, including, but not
6limited to, construction and maintenance of the bridge, or for
7certain parts thereof, and for payments relating thereto and
8damages caused thereby.

9(c) After an agreement, as authorized in subsection (a), has
10been entered into, the city in conjunction with the other
11parties thereto, shall have the authority to have prepared plans
12or specifications of the entire work, and thereafter advertise
13for bids in the manner required by law, and award the contract
14to the lowest responsible bidder. The city shall be liable to
15the contractor for only such part of the contract price as it
16has agreed to pay by the agreement, as authorized in subsection
17(a), but it shall, in addition, be liable to the contractor for
18any moneys actually paid into the city treasury by the other
19parties pursuant to the terms of the agreement.

20Section 287. Sections 3111, 3112 and 3113 of the act are
21repealed:

22[Section 3111. Stipulations of Joint Contract;
23Maintenance.--The contracts provided for in the preceding
24section may stipulate that the city shall pay a certain part of
25the whole contract price or cost of the work, including damages;
26or may stipulate that the city shall construct, or pay for the
27construction of, a certain part of the work, and may otherwise
28provide for the payment of the damages. When any railroad
29company, street railway, or other persons interested, agrees to
30pay a certain part of the cost of the entire work, it shall pay

1such part into the proper city treasury. Upon said payment, the
2city treasurer shall be liable therefor, and he shall pay the
3same over to the contractor, as may be provided in the contract.
4The said agreements may also provide for the maintenance of the
5said bridges and viaducts after their erection.

6Section 3112. Plans; Bids; Awarding of Contract.--After any
7joint contract has been entered into, the city in conjunction
8with the other parties thereto may have prepared plans or
9specifications of the entire work, and thereafter advertise for
10bids, and award the contract to the lowest responsible bidder.
11The city shall be liable to the contractor for only such part of
12the contract price as it has agreed to pay by the joint
13contract, but it shall, in addition, be liable to the contractor
14for any moneys actually paid into the city treasury by the other
15parties to the joint agreement.

16Section 3113. Subsequent Contract With Railroad Which has
17not Contributed toward Cost.--No railroad, which has not
18contributed to the payment of the cost of construction of said
19viaduct or bridge, shall be permitted to run its line or lines
20of tracks under said bridge or viaduct, unless it shall enter
21into a contract with the city to thereafter pay a reasonable
22amount, part or portion toward the keeping-up and maintaining of
23the said structure, which amount shall be at the same rate, on
24the same basis, as is paid by the other railroad companies.]

25Section 288. Section 3114 of the act is reenacted to read:

26Section 3114. Recording of Contract.--Any of the contracts
27hereinabove provided for may be recorded in the office of the
28recorder of deeds in the proper county. Such record shall be
29notice to all persons who might be affected thereby.

30Section 289. Section 3115 of the act is amended to read:

1Section 3115. Power to Construct Boundary Bridges.--Whenever
2a creek, over which a bridge may be necessary, shall be on the
3division line of a city and another municipality [or township],
4the city [shall unite] may enter into an intergovernmental 
5agreement pursuant to 53 Pa.C.S. Ch. 23, Subch. A (relating to 
6intergovernmental cooperation) with [such] the municipality [or
7township in] for the construction and maintenance of a bridge[,]
8and [pay an equal share of the expenses incident thereto] for 
9apportionment of the costs.

10Section 290. Article XXXI subdivision (c) heading, section
113120, subdivision (d) heading and sections 3130, 3133 and 3134
12of the act are repealed:

13[(c) Acquisition of Existing Bridges

14Section 3120. Power to Acquire Existing Bridge.--Any city
15which is divided or separated in any of its territorial sections
16or parts by intervening rivers or streams of water may purchase,
17enter upon, take, use, hold and appropriate such bridge or
18bridges, together with the approaches and appurtenances thereto,
19lying within its corporate limits as shall have been erected and
20are now in use over such rivers or streams of water so dividing
21and separating the sections or parts aforesaid.

22(d) Acquisition of Toll-Bridges

23Section 3130. Power to Acquire Toll-Bridges.--Any city may
24purchase, condemn, maintain, and use any public toll-bridge
25crossing any river or stream within the limits of such
26municipality, together with the approaches and appurtenances
27thereto; and may enter into contracts, as hereinafter provided,
28with the county commissioners of the proper county, whereby said
29county shall pay a portion of the cost thereof.

30Section 3133. Contract with County for Purchase.--The city

1may enter into and unite in a contract with the county
2commissioners of the county in which said bridge is located upon
3such terms and conditions as may be agreed upon for the
4purchase, appropriation, or condemnation of said bridge. The
5contract may stipulate that the city and county shall pay a
6certain part or portion of the whole purchase price or damages
7allowed by condemnation proceedings. The amounts to be paid by
8the county shall be paid into the city treasury, and, upon said
9payment, the city treasurer shall be liable therefor, and it
10shall be held and applied solely for the said purpose or
11purposes. The said contracts may also provide for and include
12provisions for the maintenance, repair, and rebuilding of the
13said bridge, after its purchase or condemnation by the said
14city.

15Section 3134. To Become a Public Bridge; Rentals for Other
16than Foot and Vehicle Travel.--Whenever any toll-bridge shall be
17so purchased or condemned, the city shall control, maintain, and
18use the said bridge as a public bridge, but may charge tolls or
19rentals for the use thereof, from railway, telephone, and
20telegraph companies, and other persons making a use thereof for
21other than ordinary public foot and vehicle travel. Where
22contracts existed between such companies and persons and the
23owners of the bridge at the time of such purchase or
24condemnation, such contracts shall be preserved for the benefit
25of the city and shall be assigned thereto.]

26Section 291. The act is amended by adding a section to read:

27Section 3135. Acquisition of Existing Bridges.--Any city may
28purchase, condemn, maintain and use any public toll-bridge
29crossing any river or stream within the limits of the
30municipality, together with the approaches and appurtenances

1thereto, and may enter into contracts with the county
2commissioners or the legislative body in a county that has 
3adopted a home rule charter of the proper county whereby the
4county shall pay a portion of the cost thereof.

5Section 292. Article XXXII heading of the act is amended to
6read:

7ARTICLE XXXII

8SANITARY SEWERS

9Section 293. Article XXXII subdivision (a) heading of the
10act is repealed:

11[(a) Construction]

12Section 294. Section 3201 of the act, amended August 6, 1963
13(P.L.525, No.280), is amended to read:

14Section 3201. Construction of Sanitary Sewers; Cost; Eminent 
15Domain.--(a) Any city [may] shall have the power to construct
16and reconstruct, or cause to be constructed or reconstructed, in 
17its streets, and over and across public and private lands or 
18property, sanitary sewers of all kinds, main or local, with 
19extensions thereof, and with lateral and branch sewers 
20therefrom, including house connections to the curb[, in its
21streets, and over and across public and private lands or
22property, and pay the].

23(b) The cost and expense [thereof] of construction and 
24reconstruction in accordance with subsection (a) may be paid out
25of the general revenues or special funds raised for said
26purpose, or assess the same, in whole or in part, upon property
27benefited, improved or accommodated, as [hereinafter] provided 
28for in Article XLV-A.

29[For such purposes, the] (c) The city shall have the right
30of eminent domain to effectuate the purposes of this section.

1The damages for property taken, injured or destroyed shall be
2ascertained and paid as provided in [this act for such
3proceedings] 26 Pa.C.S. (relating to eminent domain).

4Section 295. The act is amended by adding a section to read:

5Section 3201.1. Required Connection; Fees.--In addition to
6paying for the cost and expense of construction or
7reconstruction in accordance with section 3201(b), a city may,
8by ordinance, require connection to a sanitary sewer system
9provided by the city or a municipal authority serving the city,
10and impose and charge to property owners who desire to or are
11required to connect to the sanitary sewer system a connection
12fee, a customer facilities fee, a tapping fee and other similar
13fees, as enumerated and defined by 53 Pa.C.S. § 5607(d)(24)
14(relating to purposes and powers of municipal authorities) as a
15condition of connection to a city-owned sewer collection,
16treatment or disposal facility.

17Section 296. Section 3202 of the act is repealed:

18[Section 3202. Fee for Tapping Where Sewer is Paid For by
19City.--Where the cost of constructing any sewer is paid for
20wholly or partially from city funds, the city may charge a
21reasonable fee for tapping or connecting with said sewer.]

22Section 297. Section 3203 of the act, amended August 6, 1963
23(P.L.525, No.280), is repealed:

24[Section 3203. Assessment of Cost of Local Part of Main
25Sewers.--In the case of the construction of main sanitary
26sewers, or of any sanitary sewer which can be used in part for
27main sanitary sewerage purposes, and in part as a local sanitary
28sewer, the city may provide for assessing the property
29benefited, improved or accommodated with the local sanitary
30sewerage part thereof, according to the foot-front, or the

1assessed valuation of the said property for city purposes, or
2according to benefits.]

3Section 298. Section 3204 of the act is repealed:

4[Section 3204. Costs of Main Sewers.--The cost of all main
5sewers, or of any sewers used in part for main sewerage
6purposes, over and above the amount thereof assessed for local
7sewerage, shall be paid for from the city funds.]

8Section 299. Section 3205 of the act, amended August 6, 1963
9(P.L.525, No.280), is repealed:

10[Section 3205. Assessment of Cost of Local Sewers.--Council
11may also provide that the cost and expenses of local, lateral,
12branch, including house connections to the curbs, and other
13sanitary sewers may be assessed against the property benefited,
14improved or accommodated according to the foot-front, or
15according to the assessed valuation thereof for city purposes,
16or according to benefits.]

17Section 300. Section 3206 of the act is amended to read:

18Section 3206. Construction of [Sewerage System and] Sanitary
19Sewage Treatment Works; Assessment of Cost.--[Any city may
20construct, or cause to be constructed, a sewerage system of
21sewers in streets, with extensions thereof, and with lateral and
22branch sewers therefrom to and in other streets, and in public
23or private lands, at the same time as part of the same
24improvement and under the same contract, and the cost and
25expense thereof may be assessed as provided in this article.]
26(a) Any city may construct or cause to be constructed sanitary
27sewage treatment works, and the same may likewise be a part of
28the same improvement and under the same contract as sanitary 
29sewers.

30(b) Sewage treatment works may be erected within or without

1the limits of the city. The city shall have authority to
2acquire, by eminent domain or otherwise, property within or, 
3subject to the limitations in 26 Pa.C.S. § 206 (relating to 
4extraterritorial takings), without the limits of the city deemed
5necessary for such treatment works and the sewers leading
6thereto.

7Section 301. Sections 3207 and 3208 of the act, amended
8August 6, 1963 (P.L.525, No.280), are repealed:

9[Section 3207. Reductions in Assessments for Corner or
10Irregular Shaped Lots.--Where council determines to construct
11local, lateral, and other sanitary sewers, and to assess the
12cost and expenses thereof according to the foot-front rule, they
13shall provide for a reduction of an equitable part from the
14frontage of the longest side of all corner lots, and at other
15places, where, from the peculiar or pointed shape of the lots,
16an assessment for the full frontage would be inequitable. If the
17owner of the property benefited, improved or accommodated by the
18sanitary sewers is not satisfied with the allowance or
19reduction, or refuses to accept the same, he shall have the
20right to appeal to the court of common pleas; and the
21proceedings shall be as provided in this act for the assessment
22of damages and benefits by viewers or by such other lawful
23procedure as the court may determine.

24Section 3208. Assessment of Cost by Viewers Appointed by
25Council.--Where the council determines to construct main, local,
26lateral, or branch sanitary sewers, and to assess the cost and
27expense thereof according to benefits, in addition to the
28remedies which now or may hereafter exist for the assessment of
29the said cost and expense by viewers appointed by court, council
30may appoint three disinterested freeholders as viewers, who, or

1a majority of whom, shall assess the costs and expenses of said
2sanitary sewers upon the lands benefited, improved or
3accommodated thereby in proportion, as nearly as may be, to the
4benefits which may result to each lot or parcel of land. Said
5viewers, or a majority thereof, shall report their assessment to
6the council, in the manner hereinafter set forth, and council
7shall act thereon as hereinafter provided.]

8Section 302. Sections 3209, 3210, 3211 and 3212 of the act
9are repealed:

10[Section 3209. Report of Council's Viewers; Notice;
11Objections; Hearing.--Said viewers, or a majority of them, shall
12make report in writing, specifying the amount assessed by them
13upon each lot or parcel of land for main or local sewerage
14separately, and file the same with the city clerk within such
15time as the council shall direct. After the report is filed,
16council shall cause not less than ten days' public notice to be
17given, by publication once in two newspapers of the city, as
18required by section one hundred and nine of this act, of the
19object of such assessments, and that the same will come for
20confirmation at a time to be specified in said notice.
21Objections to the assessment shall be in writing and be filed
22with the city clerk, and may be heard before the city council at
23the time specified in the notice. Council may, after hearing
24objections, modify, set aside, or confirm said assessments. If
25council sets aside the first or any other assessment, they may
26appoint other viewers, of the same qualifications as
27hereinbefore provided, and cause new assessments to be made, and
28the proceedings shall be the same as provided for the first
29assessment.

30Section 3210. Certification of Assessments for Collection;

1Liens.--After making assessments for sewers, council may direct
2that they be certified to the city treasurer, or to such party
3as said assessments may be assigned to for collection. If such
4assessments are not paid within such time as council may by
5ordinance prescribe, it shall be lawful to file liens therefor
6in the prothonotary's office of the proper county, as provided
7by law. Said liens shall bear interest from the time the
8assessments were payable, at the rate of six per centum, per
9annum, until paid.

10Section 3211. Rental Charge for Use of Sewers.--Cities may
11provide by ordinance for the imposition and the collection of an
12annual rental, rate or charge for the use of sewers, sewer
13systems, or sewage treatment works as authorized by law.

14Section 3212. Limitation of Amount of Sewer Rental Charge.--
15Such annual rental, rate or charge shall not exceed the amount
16authorized by law.]

17Section 303. Section 3213 of the act, amended December 18,
181992 (P.L.1424, No.175), is repealed:

19[Section 3213. Collection of Sewer Rentals.--(a) Council
20shall provide for the collection of such annual rentals, rates
21or charges.

22(b) In the case of a city which has agreed to provide sewer
23service to a residential dwelling unit in which the owner does
24not reside, the city shall notify the owner and the tenant
25within thirty days after the tenant's bill for that service
26first becomes overdue. Such notification shall be provided by
27first class mail to the address of the owner provided to the
28city by the owner and to the billing address of the tenant,
29respectively. Nothing herein shall be construed to relieve the
30owner of liability for such service unless the city fails to

1provide the notice required herein.]

2Section 304. The act is amended by adding a section to read:

3Section 3213.1. Rental Fees or Charges.--(a) All persons
4whose property is connected to a sanitary sewer system shall pay
5to the city, in addition to the cost of making the connection, a
6monthly, quarterly, semiannual or annual charge. The charges
7shall be imposed by the city in accordance with procedures
8approved by council. Until paid, a charge shall constitute a
9lien against the property connected to the sanitary sewer system
10and the amount thereof may be recovered by due process of law
11through an action in assumpsit in the name of the city against
12the owner of the property charged or by a lien filed in the
13nature of a municipal lien. All water utilities supplying water
14to users within the boundaries of any city shall at the request
15of the council furnish to the city, at reasonable times agreed
16to by the city and water utilities, a list of all water meter
17readings and flat-rate water bills, and the basis for each flat-
18rate water charge, so that the data may be used in calculating
19sewer rental fees. The city may pay to the utilities clerical
20and other expenses incurred in the preparation of the lists.

21(b) Nothing in this section shall be construed to repeal or
22modify any of the provisions of 66 Pa.C.S. (relating to public
23utilities).

24(c) Subject to subsection (d), all sanitary sewer rentals
25received shall be deposited in a special fund to be used only
26for the payment of the cost of administration, construction,
27reconstruction, repair, operation and maintenance of the
28sanitary sewer system.

29(d) City council may transfer part of the sanitary sewer
30rentals in the special fund to the general fund to meet

1immediate general financial obligations or to ensure adequate
2cash flow for city operations, provided, however, that money
3transferred from the special fund to the general fund shall be
4repaid to the special fund at such time as council may
5determine.

6(e) In the case of a city which has agreed to provide
7sanitary sewer service to a residential dwelling unit in which
8the owner does not reside, the city shall notify the owner and
9the tenant within thirty days after the tenant's bill for that
10service first becomes overdue. The notification shall be
11provided by first class mail to the address of the owner
12provided to the city by the owner and to the billing address of
13the tenant, respectively. Nothing in this subsection shall be
14construed to relieve the owner of liability for such service
15unless the city fails to provide the notice required herein.

16Section 305. Section 3214 of the act is repealed:

17[Section 3214. Collection of Sewer Rentals.--Such annual
18sewer rentals or charges shall be a lien on the properties
19charged with the payment thereof from the date set in the
20ordinance, and, if not paid after thirty days' notice, may be
21collected by an action in assumpsit in the name of the city
22against the owner of the property charged or by distress of
23personal property on the premises or by a lien filed in the
24nature of a municipal lien.]

25Section 306. Section 3215 of the act, added August 6, 1963
26(P.L.525, No.280), is repealed:

27[Section 3215. Tapping Fees.--Each city may provide by
28ordinance for charging a tapping fee whenever the owner of any
29property connects such property with a sewer system constructed
30or acquired by the city, which fee shall be in addition to any

1charges assessed and collected against such property in the
2construction or acquisition of such sanitary sewer by the city,
3or any rental charges assessed by the city. In any case where
4the property connected or to be connected with the sanitary
5sewer system of the city is not equipped with a water meter, the
6city may install such a meter at its own cost and expense. If
7the property is supplied with water from the facilities of a
8public water supply agency, the city shall not install such
9meter without the consent and approval of the public water
10supply agency.]

11Section 307. Article XXXII subdivision (b) heading and
12sections 3220, 3221 and 3222 of the act are repealed:

13[(b) Acquisition of Existing Sewers

14Section 3220. Purchase of Existing Sewers.--Any city, in
15which any corporation created and existing under and by virtue
16of the laws of this Commonwealth, or any person or persons or
17unincorporated associations, have constructed and are
18maintaining or may hereafter construct and maintain sewers,
19culverts, conduits, and pipes, with the necessary inlets and
20appliances, for surface, under-surface and sewage drainage, may
21become the owner of such sewers, culverts, conduits, and pipes,
22with the necessary inlets and appliances, for surface, under-
23surface, and sewage drainage, and the property of such company,
24person or persons, or unincorporated associations, by paying
25therefor the actual value of the same at the time of taking by
26the city.

27Section 3221. Ascertainment of Price in Case of
28Disagreement.--In case of disagreement as to the amount to be
29paid, the same shall be ascertained in the manner provided by
30this act in case of property taken, injured or destroyed.

1Section 3222. Appointment of Viewers.--Whenever the amount
2to be paid by any city to any corporation, person or persons, or
3unincorporated association, for the acquisition of such sewers,
4culverts, conduits, and pipes, with the necessary inlets and
5appliances, shall have been ascertained in the manner provided
6in the preceding section, the court of common pleas of the
7proper county, or any law judge thereof in vacation, on
8application thereto by petition by said city or any person
9interested, shall appoint viewers who shall assess the costs and
10expenses of the sewers, culverts, conduits, and pipes, with the
11necessary inlets and appliances, acquired by said city, upon the
12property benefited according to benefits, if sufficient can be
13found, but if not, then the deficiency, when finally
14ascertained, shall be paid by the city; and the proceedings of
15said viewers, and the proceedings on their report, shall be as
16provided in this act for the assessment of damages and
17benefits.]

18Section 308. The act is amended by adding a section to read:

19Section 3222.1. Acquisition of Existing Sanitary Sewer
20Systems.--(a) A city may, by ordinance, acquire all or part of
21an existing sanitary sewer system or community subsurface
22sanitary sewage collection and treatment system.

23(b) Acquisition may be by any of the following means:

24(1) By purchase, when the city and the owner can agree on a
25price not exceeding the actual value of the sanitary sewer
26system or part thereof to be transferred.

27(2) By deed of dedication to the city by the owner of the
28sanitary sewer system or part thereof.

29(3) If the facilities are within the city, by the exercise
30of eminent domain.

1(c) If any sanitary sewer system or community subsurface
2sanitary disposal collection and treatment system is acquired by
3purchase or eminent domain under this section, the cost of
4acquisition may be distributed or assessed under this act as
5when a sanitary sewer system is constructed by the city.

6(d) The rights, powers and duties of the city with respect
7to acquired sanitary sewer systems are the same as exist with
8respect to sanitary sewer systems constructed by the city.

9Section 309. Article XXXII subdivision (c) heading of the
10act is repealed:

11[(c) Construction of Sewers Outside Cartway and Curb Lines]

12Section 310. Section 3230 of the act, amended August 6, 1963
13(P.L.525, No.280), is amended to read:

14Section 3230. [Power to Construct] Sewers Outside Cartway 
15and Curb Lines.--(a) Cities may require and permit sanitary
16sewers and sewer pipes to be laid and constructed outside the
17cartway and the curb lines thereof in any street or highway.

18The [said] sanitary sewers shall be for the service and use
19of the property on the side of the street or highway in which
20they are laid.

21(b) The costs and expenses of any sanitary sewer laid and
22constructed in accordance with subsection (a) may be assessed
23against the property benefited, improved and accommodated by the
24sanitary sewer.

25Section 311. Section 3231 of the act, amended August 6, 1963
26(P.L.525, No.280), is repealed:

27[Section 3231. Collection of Costs and Expenses.--The costs
28and expenses of any sanitary sewer laid and constructed as
29aforesaid may be assessed against the property benefited,
30improved and accommodated by the sanitary sewer and such costs

1and expenses, when so assessed, shall be assessed and collected
2in the same way and manner as the cost and expenses of other
3sanitary sewers are assessed and collected in the respective
4city in which the same are laid.]

5Section 312. Article XXXII subdivision (d) heading of the
6act is repealed:

7[(d) Joint Sewers]

8Section 313. Section 3240 of the act, amended August 6, 1963
9(P.L.525, No.280), is amended to read:

10Section 3240. Building Joint Sewers.--(a) Cities may
11jointly with other municipalities or [townships or both]
12municipal authorities build and construct sanitary sewers,
13including trunk-line sewers or drains and sewage treatment
14works, and may connect into such system existing sanitary
15sewers, and may assess their respective portions of the cost
16thereof, or so much thereof as may be legally assessable, upon
17property benefited, improved and accommodated by the improvement
18[either by viewers as is provided in the case of cities by
19sections three thousand two hundred and eight, three thousand
20two hundred and nine, and three thousand two hundred and ten of
21this act or by the foot-front rule or assessed valuation, as
22provided in section three thousand two hundred and three of this
23act] pursuant to Article XLV-A. Any portion of the cost of
24[such] an improvement not assessed or not assessable shall be
25paid [by the respective cities, boroughs, and townships joining
26as may be agreed upon] as agreed upon by the respective cities 
27and other municipalities or municipal authorities.

28(b) The cities[, boroughs, and townships] and other 
29municipalities or municipal authorities joining or contemplating
30joining in any such improvement, in order to facilitate the

1securing of preliminary surveys and estimates and the building
2of [such] the improvement, may by ordinance or resolution
3provide for the appointment of a joint sewer board composed of
4one representative from each of the cities[, boroughs, and
5townships] and other municipalities or municipal authorities
6joining which shall act generally as the advisory and
7administrative agency in securing [such] surveys and estimates
8and in the construction of [such] the improvement, and its
9subsequent operation and maintenance. The members of [such] the
10board shall serve for terms of six years each from the dates of
11their respective appointments, and until their successors are
12appointed. The joint sewer board shall organize by the election
13of [chairman, vice-chairman] a chair, vice-chair, secretary, and
14treasurer. The several cities[, boroughs, and townships] and 
15other municipalities or municipal authorities may, in the
16ordinances and resolutions creating the joint sewer board,
17authorize the board to appoint an engineer, a solicitor, and
18[such] other assistants as are deemed necessary; and agree to
19the share of the compensation of [such] the persons each city[,
20borough, and township] and other municipalities or municipal 
21authorities is to pay. The members of the joint sewer board
22shall receive [such] compensation for attending meetings of the
23board, as shall be fixed in the budget prepared by the board for
24submission to and adoption by the several cities[, boroughs, and
25townships] and other municipalities or municipal authorities as
26hereinafter provided[, and the]. The budget item providing for
27the compensation to members for attending meetings shall not
28exceed a total of two hundred and fifty dollars per year, and no
29member shall be paid unless [he] the member actually attends,
30and the fee for each [such] attendance shall be stipulated, and

1the members, in addition thereto, shall be entitled to actual
2expenses to be paid by the respective cities[, boroughs, and
3townships] and other municipalities or municipal authorities
4which [such] the members represent.

5(c) The joint sewer board shall have power to adopt rules
6and regulations to govern its proceedings, and shall prepare and
7suggest any practical measures and plans by means of which the
8joint improvement may be carried to successful completion; and
9the future development of the system, so as to conform to a
10general plan, assured and safeguarded. [It] The joint sewer 
11board shall have power to prepare a joint agreement or
12agreements for submission to and adoption by the several
13cities[, boroughs, and townships] and other municipalities or 
14municipal authorities defining the advisory and administrative
15powers of the board; setting forth the consents of the several
16cities[, boroughs, and townships] and other municipalities or 
17municipal authorities to the proposed improvement; the manner in
18which preliminary and final plans, specifications, and estimates
19for the proposed improvement shall be prepared and adopted; how
20proposals for bids shall be advertised, and contracts let; the
21manner in which the costs of the improvement and other
22incidental and preliminary expenses in connection therewith, and
23the future cost of operation and maintenance shall be equitably
24shared, apportioned, and paid; and all such other matters
25including the preparation and submission of annual and other
26budgets as may be deemed necessary or required by law to carry
27the proposed improvement to completion and to assure future
28maintenance and operation thereof. [But nothing herein] Nothing
29contained herein shall authorize the board to make any
30improvement or expend any public moneys which has not first been

1authorized by all of the cities[, boroughs, and townships] and 
2other municipalities or municipal authorities proceeding with
3the improvement.

4(d) In any case where it shall be necessary to acquire,
5appropriate, injure, or destroy private property of any kind to
6build any [such] joint sewer improvement, and the same cannot be
7acquired by purchase or gift, the right of eminent domain shall
8vest in the city[, borough, or township] or other municipalities 
9or municipal authorities where [such] the property is located.
10In any case where it shall be necessary to acquire, injure, or
11destroy property of any kind in any territory not within the
12limits of any of the cities[, boroughs, or townships] and other 
13municipalities or municipal authorities joining in the
14improvement[;] then, subject to the limitations in 26 Pa.C.S. § 
15206 (relating to extraterritorial takings), the right of eminent
16domain shall be vested in any city[, borough, or township
17adjacent to such territory where such property is located] and 
18other municipalities or municipal authorities joining in the 
19sewer improvement. Damages for any property taken, injured, or
20destroyed shall be assessed as provided by the general laws
21relating to the cities[, boroughs, and townships] and other 
22municipalities or municipal authorities exercising the right of
23eminent domain[;] and pursuant to the procedures of 26 Pa.C.S.
24(relating to eminent domain) if applicable, and shall be paid by
25the several cities[, boroughs, and townships] and other 
26municipalities or municipal authorities joining in the same
27proportion as other costs of the improvement.

28(e) Each of the cities joining in [any such improvement] an 
29improvement authorized by this section shall have power to incur
30or increase its indebtedness[, not exceeding the constitutional

1limits, for the purpose of paying its share or portion of the
2costs of such improvement in the manner provided by law for the
3incurring of indebtedness] in accordance with 53 Pa.C.S. Pt. 
4VII, Subpt. B (relating to indebtedness and borrowing), for the 
5purpose of paying its share or portion of the costs of the 
6improvement.

7Section 314. Section 3241 of the act is amended to read:

8Section 3241. Approval of [Sanitary Water Board] Department 
9of Environmental Protection.--No [such] sewer or plant shall be
10constructed until plans and specifications have been submitted
11to the [Sanitary Water Board] Department of Environmental 
12Protection, and approved in accordance with provisions of [the
13act of assembly providing for such approval] applicable law.

14Section 315. Sections 3242, 3243 and 3244 of the act are
15repealed:

16[Section 3242. Connections with Sewers of Adjacent
17Municipalities.--Any city may connect with an existing sewer,
18owned by any adjacent municipality, for sewage purposes, in the
19manner prescribed in the following sections of this subdivision
20of this article.

21Section 3243. Applications to Court.--Whenever any city
22desires to connect with the existing sewer of any adjacent
23municipality, and no agreement has been reached between such
24city and the adjacent municipality, an application shall be made
25by council to the court of quarter sessions of the county,
26setting forth that fact.

27Section 3244. Appointment of Viewers.--If the court shall be
28of the opinion that such connection can be made without
29impairing the usefulness of the existing sewer, it shall appoint
30three viewers, who shall view the premises and investigate the

1facts of the case, and shall assess the proportionate part of
2the expense of building the original sewer upon such city, and
3shall fix the proportion of the expense for repairs which each
4municipality shall thereafter bear, and determine all other
5questions liable to arise in connection therewith.]

6Section 316. Section 3245 of the act, repealed in part June
73, 1971 (P.L.118, No.6), is repealed:

8[Section 3245. Report of Viewers; Appeals to Court.--The
9viewers shall report to the court the result of their
10investigation, which report shall be confirmed within thirty
11days, unless exceptions thereto be filed. After confirmation of
12such report, or the disposal of any exceptions, any party
13interested may appeal from the decision of the court of quarter
14sessions.]

15Section 317. The act is amended by adding a section to read:

16Section 3245.1. Municipal Corporation; Municipal Authority;
17Agreements for Connections; Appointment of Viewers.--(a) Any
18city may by agreement connect with an existing sanitary sewer
19owned by any municipal corporation or municipal authority for
20either sanitary sewage collection or treatment purposes.

21(b) When any city desires to connect with the existing sewer
22of any municipal corporation or municipal authority and no
23agreement has been reached between the city and the municipal
24corporation or municipal authority, city council shall present a
25petition to the court of common pleas setting forth those facts.
26The court shall fix a day for a hearing and notify all
27interested parties thereof. If, after the hearing, the court
28determines that the connection can be made without impairing the
29usefulness of the existing sanitary sewer system, the court
30shall appoint three viewers to view the premises, investigate

1the facts of the case, assess the necessary costs and expenses
2of making the connection and assess the proportionate part of
3the expense of building the original sanitary sewer system upon
4the city. The court shall determine the proportion of the
5expense for repairs which each municipal corporation, municipal
6authority and the city shall bear and shall determine all other
7questions liable to arise in connection therewith.

8(c) The viewers shall report to the court the result of
9their investigation, which report shall be confirmed within
10thirty days, unless exceptions thereto are filed. After
11confirmation of the report, or the disposal of any exceptions,
12any party interested may appeal from the decision of the court
13of common pleas.

14Section 318. Article XXXII subdivision (e) heading of the
15act is repealed:

16[(e) Power to Furnish Sewerage Facilities Outside of City]

17Section 319. Section 3250 of the act is amended to read:

18Section 3250. Sewers Extended Outside of City.--[All cities,
19wherein the title to the sewerage system therein located, is, or
20shall hereafter be in the name of the city,] A city with a 
21sanitary sewer system may extend [such] the system and construct
22sewers beyond the [bounds of the cities wherein they are located
23into the county and municipalities of the county in the vicinity
24of such cities,] city's boundaries into adjoining municipalities 
25in the county where the city is located and furnish sewer
26facilities to, and permit the tapping and the connection
27therewith by any and all corporations, institutions, persons and
28municipalities in the [counties in which said cities are] county 
29where the city is located in accordance with law and the rules
30and regulations of the Pennsylvania Public Utility Commission.

1This section does not authorize a city to extend a sewerage
2system or construct sewers in territory outside the boundaries
3of such cities in which sewerage facilities are furnished by a
4private company or by a municipality authority.

5Section 320. Article XXXIII and subdivision (a) headings,
6sections 3301 and 3302, subdivision (b) heading and sections
73310, 3311, 3312, 3313, 3314 and 3315 of the act are repealed:

8[ARTICLE XXXIII

9COLLECTION BY INSTALMENT OF THE COST OF STREET

10AND SEWER IMPROVEMENTS

11(a) Street and Sewer Improvements

12Section 3301. Payment of Assessments in Instalments.--
13Whenever any ordinance is passed providing for the grading,
14paving or other improvement of any street, or part thereof, or
15for the construction of any sewer, the expense whereof is to be
16defrayed by local assessments, it may be prescribed in such
17ordinance that the assessments may be paid in not more than ten
18equal instalments, payable at such times as may be fixed by
19ordinance, the last thereof not to be more than ten years after
20the completion of the work on the improvement for which it is
21assessed. The instalments shall bear interest at the rate of not
22more than six per centum per annum, commencing at such time as
23may be fixed by ordinance. If any of said instalments shall
24remain unpaid for two months after the same shall become due and
25payable, the whole of the assessment remaining unpaid shall be
26due and payable. Any person upon whom such assessment has been
27made may pay all or as many as he chooses of such instalments
28before the same are due.

29Section 3302. Collection of Assessments.--All assessments
30made in pursuance hereof shall be collected in the same manner

1and with the same penalties as provided by law for the
2collection of municipal claims.

3(b) Street Improvements

4Section 3310. Issue of Bonds for Payment of Cost of
5Improvement.--In order to provide for the payment of the cost
6and expense of the permanent paving and improvement of any
7street, or part thereof, cities may in addition to other methods
8provided, from time to time, issue their bonds in such sums as
9may be required, in all to an amount not exceeding the cost and
10expense of such improvement and interest thereon.

11Said bonds shall bear the name of the street to be improved.
12They shall bear interest at a rate not exceeding six per centum
13per annum, payable semi-annually, on the first day of July and
14January, and their maturity shall be fixed in accordance with
15the Municipal Borrowing Law.

16Section 3311. Disposition of Proceeds of Sale of Bonds;
17Assessment on Properties.--Said bonds shall be negotiated at not
18less than par as other bonds of said cities are negotiated, and
19the proceeds thereof applied solely to the payment of the cost
20of said improvement. The contract price of the same, and
21interest thereon to the first day, when interest thereon is
22payable, shall be taken as the cost of said improvement, to be
23assessed on the property benefited, according to the provisions
24of this act.

25Section 3312. Entering of Assessments as Liens.--Such
26assessments shall be entered in the proper municipal lien and
27judgment docket in the prothonotary's office, and shall, if
28filed within six months from the completion of the improvements,
29without the issuing of a scire facias to revive, remain a first
30lien upon the property assessed until fully paid, having

1precedence of all other liens, except taxes, and shall not be
2diverted by any judicial sale, unless the payment of the same is
3provided for from the proceeds of such sale.

4The assessment shall state the name of the city claimant, the
5name of the owner or reputed owner, a reasonable description of
6the property, the amount claimed to be due, for what improvement
7the claim is made, and the time when the assessment was finally
8confirmed or made.

9Section 3313. Instalment Payment of Assessments.--Such
10assessment shall be payable at the city treasurer's office in
11equal semi-annual instalments, with interest, at the rate
12provided in said bonds, from the date to which interest was
13computed on the amount of the assessments, or so much as remains
14unpaid from time to time, until all said assessments and
15interest are fully paid. The money so received by the city
16treasurer shall be applied to the sinking fund.

17Section 3314. Collection of Unpaid Instalments.--In case of
18default in the payment of any semi-annual instalment of said
19assessment and interest for a period of sixty days after the
20same shall become due and payable, the entire assessment and
21accrued interest shall become due and payable, and the city
22solicitor shall proceed to collect the same under the provisions
23of laws creating and regulating municipal liens and proceedings
24thereon.

25Section 3315. Payment in Advance; Discharge of Lien as Part
26of Property.--Any owner of property against whom an assessment
27shall have been made for such improvement shall have the right
28to pay the same, or any part remaining unpaid, in full with
29interest thereon to the next semiannual payment due on said
30assessment, and such payment shall discharge the lien. If any

1owner shall subdivide any property after such lien attaches, he,
2in like manner, may discharge the same upon any subdivided
3portion thereof by paying the amount for which said part would
4be liable.]

5Section 321. Article XXXIV heading of the act is amended to
6read:

7ARTICLE XXXIV

8[WATER-COURSES]

9WATERCOURSES, FLOOD PROTECTION PROJECTS

10AND STORM WATER SYSTEMS

11Section 322. Section 3401 of the act is amended to read:

12Section 3401. [Changing of Water-Courses] Establishing and 
13Changing Watercourses, Flood Protection Projects and Storm Water 
14Systems; Removing Obstructions [Therefrom.--Cities].--(a)
15Subject to obtaining, if required, the authorization of the 
16Department of Environmental Protection and of the Federal 
17Government, a city may, by ordinance, [after the consent of the
18Water and Power Resources Board and of the Federal government,
19where required, has first been obtained, establish the lines,
20change and] do any of the following:

21(1) Realign, change or vacate the channels, beds, and mouths
22of [water-courses] watercourses through lands, marshes or waters
23in or adjacent to the city[; crib, wall, confine], subject to 
24the limitations in the act of August 7, 1936 (1st Sp.Sess., 
25P.L.106, No.46), referred to as the Flood Control Law, the act 
26of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams 
27Law," the act of November 26, 1978 (P.L.1375, No.325), known as 
28the "Dam Safety and Encroachments Act," and 26 Pa.C.S. § 206 
29(relating to extraterritorial takings).

30(2) Confine, pave or completely [inclose, and prevent]

1enclose watercourses within the city.

2(3) Prevent and remove obstructions [therefrom at the
3expense of those causing the same; and, for such purposes, may
4enter upon and condemn such property and materials as may be
5necessary. Cities may construct] and encroachments from 
6watercourses and the banks of streams that threaten or do injure 
7the city or property therein, at the expense of those that 
8caused the obstruction or encroachment through proceedings at 
9law or equity.

10(4) Construct and maintain dams [as hereinafter provided.
11Cities may also, by ordinance, establish the lines of banks of
12streams of water which pass through or along the boundary of
13such cities, and by proceedings at law or equity prevent and
14remove all such encroachments on the banks of streams and water-
15courses as threaten to or do injure the city or the property
16therein.] in a watercourse flowing through the city, or partly 
17within and partly outside its corporate limits, for the purpose 
18of improving the public health, safety and welfare in the city.

19(5) Plan and provide for projects, infrastructure and
20improvements as a means of managing and controlling storm water,
21which may include, but need not be limited to, the transport,
22storage and the infiltration of storm water and other innovative
23techniques identified in the county-prepared watershed plans
24pursuant to the act of October 4, 1978 (P.L.864, No.167), known
25as the "Storm Water Management Act."

26(6) Plan and provide for projects, infrastructure, and
27improvements as a means of providing flood protection pursuant
28to the Flood Control Law.

29(b) A city may, for any of the purposes in this section,
30purchase, acquire, enter upon, take, use and appropriate private

1property and materials as necessary. Condemnation proceedings
2shall be pursuant to the procedures in 26 Pa.C.S. (relating to
3eminent domain), and any takings of property outside the limits
4of the city shall be subject to the limitations in 26 Pa.C.S. §
5206.

6Section 323. Sections 3402, 3403, 3404, 3405 and 3406 of the
7act are repealed:

8[Section 3402. Notice.--No ordinance for the establishment
9of lines or the vacation or alteration of the course or channel
10of any water-course shall be passed, until notice thereof has
11been given, by publication of the proposed ordinance, at least
12once a week for three consecutive weeks, in one newspaper in
13accordance with the provisions of section one hundred nine of
14this act.

15Section 3403. Viewers to Assess Damages.--The city may, at
16any time after the passage of the ordinance, present a petition
17to the court of common pleas, setting forth the lines
18established and the nature of the vacation or alteration
19proposed in the course or channel of such water-course, together
20with a description of the proposed improvements, and praying the
21court to appoint three viewers to ascertain the damages, costs,
22and expenses resulting therefrom, and to assess the damages,
23costs, and expenses, for so much thereof as the viewers may deem
24reasonable, upon the property benefited.

25Section 3404. Appointment of Viewers.--The court, or any law
26judge thereof in vacation, shall appoint three viewers from the
27county board of viewers, and appoint a time, not less than
28twenty nor more than thirty days thereafter, when the viewers
29shall meet upon the line of the improvement and view the same
30and the premises affected.

1Section 3405. Proceedings to Assess Damages.--The
2proceedings before such viewers for the allowances of damages
3for property taken, injured or destroyed, and for the assessment
4of benefits upon property benefited, shall be as provided in
5this act for the assessment of damages and benefits in eminent
6domain proceedings.

7Section 3406. Discontinuance of Proceedings.--If any city
8shall repeal any ordinance passed, or discontinue any proceeding
9taken, providing for any such improvements, prior to the entry
10upon, appropriation, or injury to any property or materials, the
11city shall not be liable to pay any damages, but all costs upon
12any such proceeding, together with any actual damage or injury
13sustained by reason of such proceeding, shall be paid by the
14city.]

15Section 324. Sections 3407 and 3408 of the act are amended
16to read:

17Section 3407. [Liens.--When the court has entered its final
18decree confirming the report or fixing the assessments, the] 
19Assessment of Benefits; Liens.--With regard to improvements made 
20pursuant to section 3401(a), a city may, if feasible, assess the 
21benefits upon property benefited by the improvements pursuant to 
22Article XLV-A. The assessments of benefits shall become liens
23upon the property assessed. Claims therefor may be collected in
24the same manner as municipal claims are collected, or they may
25be collected by action of assumpsit, the lien of the judgment,
26however, to be limited to the property assessed.

27Section 3408. Waters Excepted.--Nothing contained in the
28preceding sections of this article shall apply to any [water-
29course] watercourse used by any municipality or water company as
30a source of supply, unless [such] the municipality or water

1company shall consent to [such] the vacation or alteration.

2Section 325. Section 3409 of the act is repealed:

3[Section 3409. Construction of Dams.--Whenever the consent
4of the Water and Power Resources Board and of the Federal
5government, whenever necessary, has been granted to any city to
6construct and maintain a dam, in a public navigable river or
7stream flowing through, or partly within and partly without its
8corporate limits, for the purpose of improving the sanitary
9conditions thereof, such city may purchase, acquire, enter upon,
10take, use and appropriate private property, either within or
11without its territorial limits, for that purpose. If the city
12cannot agree with the owner or lessee of such private property
13upon the compensation for the property appropriated or the
14damages done, or when, by reason of the absence or legal
15incapacity of any such owner or lessee, no such compensation can
16be agreed upon, the court of common pleas of the county in which
17such property may be situate, or any judge thereof in vacation,
18on application thereto by petition by said city or such owner,
19lessee, or any person affected, shall appoint viewers to view
20and ascertain the damages done by reason thereof, and the
21proceedings thereupon shall be as provided in this act in the
22case of property taken, injured or destroyed.]

23Section 326. Article XXXV heading of the act is amended to
24read:

25ARTICLE XXXV

26[PUBLIC] UTILITY SERVICE

27Section 327. Article XXXV subdivision (a) and subheading (1)
28headings and section 3501 of the act are repealed:

29[(a) Water Supply

30(1) General Provisions

1Section 3501. Exclusive Right to Furnish Water to City;
2Frontage Tax.--Each city shall have the exclusive right, at all
3times, to supply the city with water, and such persons,
4partnerships, and corporations therein as may desire the same,
5at such prices, as may be agreed upon; and for that purpose to
6have, at all times, the unrestricted right, by ordinance,
7subject to the provisions of existing laws, to make, erect, and
8maintain all proper works, machinery, buildings, cisterns,
9reservoirs, pipes, conduits, for the raising, reception,
10conveyances, and distribution of water; or, in territory not
11supplied with water, to make contracts with and authorize any
12person, company, or association so to do and to give such
13person, company, or association the privilege of furnishing
14water, as aforesaid, for any length of time not exceeding ten
15years. Whenever an extension of a supply of water to portions of
16the city not previously supplied shall be made, it shall be
17lawful to charge all owners of houses, lots, and buildings on
18each side of the street a frontage tax for the local water
19supply part thereof according to the foot front or the assessed
20valuation of the property for city purposes or according to
21benefits. This tax shall be collected and recovered in the
22manner provided by law for the recovery of municipal claims. The
23legal title to all waterworks heretofore vested in any city by
24equitable title shall, after the effective date of this act, be
25vested in such city. Said waterworks shall be operated,
26maintained, and managed in the same manner and subject to the
27same provisions as any waterworks, owned or acquired by cities.]

28Section 328. The act is amended by adding a section to read:

29Section 3501.1. Right to Furnish Water, Lighting, Electric,
30Gas or Other Similar Utility Service.--(a) A city may supply

1water, lighting, electric, gas or other similar utility service
2for public and private uses within the city. For these purposes,
3a city shall have the power to install, maintain, and operate
4all necessary facilities and to acquire property and make
5improvements as needed. In carrying out the authority granted by
6this section, a city may exercise all powers granted to it under
7this act or any other law deemed necessary to carry out the
8purposes of this section, including the power to acquire, by
9eminent domain or otherwise, and the power to temporarily use or
10lease, property.

11(b) A city supplying water, lighting, electric, gas or other
12similar utility service shall have the authority to fix the
13rates and charges applicable thereto in accordance with section
143587.

15(c) For the purposes of this section, a city shall have the
16authority to incur debt in accordance with 53 Pa.C.S. Pt. VII,
17Subpt. B (relating to indebtedness and borrowing).

18Section 329. Article XXXV subheading (2) heading, sections
193505, 3506 and 3507, subheading (3) heading, sections 3515,
203516, 3517, 3518, 3519, 3520 and 3521, subheading (4) heading,
21sections 3530, 3531 and 3532, subheading (5) heading and section
223540 of the act are repealed:

23[(2) Acquisition by Eminent Domain

24Section 3505. Appropriation of Lands and Waters.--Any city
25desiring to erect water-works, or to improve its water supply,
26may appropriate springs, streams, rivers, or creeks, and lands,
27easements, and rights of way, within or without its limits; and,
28for the purpose of conducting water obtained outside the limits
29of the city, may lay pipes under and over any lands, rivers,
30streams, bridges, highways, and under railroads. No water

1appropriated under the provisions of this section shall be used
2in such manner as to deprive riparian owners thereon of the free
3use and enjoyment of the same for domestic or farm purposes.

4Section 3506. Agreements as to Damages; Bonds.--Prior to any
5such appropriation, the city shall attempt to agree with the
6owner as to the damage done, or likely to be done. If the
7parties cannot agree, or the owner cannot be found, or is under
8legal incapacity, the city shall petition the court of common
9pleas to fix the amount of its bond, with or without surety, as
10the court may direct, conditioned for the payment to the owner
11of the property of the damages for the taking thereof, when the
12same shall have been ascertained, and shall file said bond, as
13approved, in the said court.

14Section 3507. Appointment of Viewers; Proceedings.--Upon
15petition of either the property owner or city, the court shall
16appoint three viewers from the county board of viewers, who
17shall assess the damages for the property or rights
18appropriated, and shall fix a time for their meeting, of which
19notice shall be given to all parties interested by newspaper
20publication, at least once in at least one newspaper, ten days
21prior to such meeting, as required by section one hundred and
22nine of this act, and the posting of hand bills along the line
23of said improvement. The proceedings for the assessment of
24damages shall be as provided in this act in case of property
25taken, injured or destroyed.

26(3) Acquisition by Purchase after Appraisement

27Section 3515. Petition to Court Expressing Desire to Acquire
28Water-Works.--Whenever any person, firm, or corporation shall
29own any water-works or system which furnishes water within the
30city, such city may present its petition to the court of common

1pleas of the county, setting forth that the city is desirous of
2owning and operating such water-works or system, and that it
3will be necessary to issue bonds, to be secured by such water-
4works or system, and that a value should be placed upon such
5water-works or system, including all property, real and
6personal, used in connection therewith. A city may acquire, by
7agreement with the owner thereof, any water-works or system
8which furnishes water within the city, or a part thereof, and
9within nearby municipal subdivisions, or parts thereof.

10Section 3516. Appointment of Engineers as Appraisers to Make
11Valuation.--The court shall thereupon appoint three registered
12engineers, in civil engineering, as appraisers, to value and
13appraise such water-works or system, and the property used in
14connection therewith, and the contracts or agreements with
15municipalities or townships, who shall file their report in the
16court within three months after their appointment, unless such
17time be extended by the court.

18Section 3517. Powers of Appraisers.--The appraisers shall
19have access to the books and records of the person, firm, or
20corporation, owning such water-works or system, to inform
21themselves as to the income and value thereof. They shall have
22power to administer oaths and are authorized to take the
23testimony of witnesses. Their report shall be final if not
24appealed from.

25Section 3518. Appeal from Appraisement.--Within ten days
26after notice of the filing of any report, either party may
27appeal from such appraisement, alleging an undervaluation or
28overvaluation of the property, and praying for a hearing before
29the court. The court shall thereupon fix a time when such appeal
30may be heard, of which time at least ten days' notice shall be

1given to the parties, and, upon such hearing, the court shall
2have power to modify such report, and either party may appeal
3from the final confirmation of such report to the Superior or
4Supreme Court.

5Section 3519. Effect of Failure of Owner of Works to Accept
6Price Fixed.--After the value is finally determined, the city
7may buy such water-works or system at the valuation so fixed;
8and the person, firm, or corporation owning the same shall,
9within ten days after notice, file in court its consent to sell
10and convey its water-works or system and property to the city at
11the valuation fixed. And, in default thereof, such person, firm,
12or corporation shall cease to have any exclusive privilege of
13supplying the city, or the citizens thereof, with water, and the
14city may install such water-works or system as may be necessary
15for the accommodation of the public.

16Section 3520. Issue of Bonds.--For the purpose of any
17purchase authorized by this article, the city may issue general
18obligation bonds or utility bonds or non-debt revenue bonds
19issued as provided by the Municipal Borrowing Law.

20Section 3521. Limit of Bond Issue.--Such bonds shall not
21exceed in amount the value fixed by the appraisers or the court.
22The proceeds of the sale of such bonds shall be used exclusively
23for the purpose of paying for the property acquired.

24(4) Acquisition of Competing Water Companies by Cities

25Section 3530. Power to Acquire Companies Operating in Same
26Territory.--Any city owning, operating, or controlling a system
27of water-works for the supplying of water to persons,
28partnerships, and corporations residing therein, and for
29municipal purposes, whether the title to the said water-works be
30in the name of commissioners of water-works or in the city

1itself or otherwise, may acquire all the water-works, including
2water pipes, mains, service attachments, fire hydrants, and
3improvements of any water corporation or private individual
4operating partly within and partly without the limits of the
5said city, both so much as is included within the limits of the
6said city, and so much as is without the limits of the said
7city, serving the territory adjacent thereto, and acquire and
8exercise all of the franchises and powers of said prior owner
9both within and without the city limits.

10No such municipal acquisition shall be valid until, upon
11application filed by the city and formally joined in by the
12proposed vendor water company, the Public Utility Commission
13shall have found and determined, after public hearing, that the
14granting of such application and the service contemplated by the
15city is necessary or proper for the service, accommodation, and
16convenience of the public. In any such proceeding, the entire
17matter shall be before the commission, and no further specific
18approvals of the said commission, which might otherwise be
19required, shall be necessary.

20Section 3531. Service Outside Limits Subject to Control of
21Public Utility Commission.--The service of water by any such
22city in the territory outside of the limits of the city shall be
23subject to regulation and control by the Public Utility
24Commission as to character of service, extensions, and rates,
25with the same force and in like manner as though the city
26serving in such territory were in fact a water corporation and
27with respect to such territory outside of the limits of the
28city, and shall have all the powers and be subject to all the
29duties of a water corporation.

30Section 3532. Different Rates Within and Without City.--

1Inasmuch as the city may be serving its inhabitants at less than
2the actual cost of service, including capital charges and
3depreciation, because the plant may have been or may be built
4and operated in part out of the funds raised by municipal
5taxation, no rate, classification, rule, regulation, or
6practice, put in operation by the city in the portion of its
7territory supplied, located beyond the city limits shall be
8considered as unjustly discriminatory solely by reason of the
9fact that a different rate, classification, rule, regulation, or
10practice is in operation within the boundaries of the
11municipalities with respect to a similar service rendered.

12(5) Power to Furnish Water to Consumers outside City

13Section 3540. All cities wherein the title to the water-
14works therein located is or shall hereafter be in the name of
15the city may extend the water-pipes and improvements of any such
16water-works, beyond the bounds of the cities wherein they are
17located, into the county and municipalities of the county in the
18vicinity of such cities; and furnish water to any and all
19corporations, institutions, persons, and municipal subdivisions
20in the counties in which said cities are located, in accordance
21with law and the rules and regulations of the Public Utility
22Commission. This section does not authorize a city to extend
23water-pipes or supply water in territory, outside the boundaries
24of such cities, which territory is being supplied with water by
25a private company.]

26Section 330. The act is amended by adding a section to read:

27Section 3540.1. Power to Furnish Utilities to Consumers
28Outside City.--A city that provides utility service in
29accordance with section 3501.1 may provide utility service in
30surrounding municipalities, or portions thereof, which are not

1provided with such services by those surrounding municipalities,
2local or regional public authorities or private companies,
3subject to and in accordance with applicable law and the rules
4and regulations of the Pennsylvania Public Utility Commission
5with regard to the character of service, extensions and rates.

6Section 331. Article XXXV subheading (6) heading, sections 
73550, 3551, 3552 and 3553, subheading (7) heading, sections 
83560, 3561, 3562, 3563 and 3564, subheading (8) heading and 
9sections 3570 and 3571 of the act are repealed:

10[(6) Power to Lease Water-Works

11Section 3550. Lease of Water-Works.--The council of any city
12may, on behalf of such city, enter into a contract with any
13private individual, copartnership, association, or corporation,
14for the leasing of any water supply, works, systems, and
15property, or both, of such private individual, copartnership,
16association, or corporation.

17Section 3551. Terms of Lease; Rental.--The said leasing may
18be for such term of years and at such rental, as shall be agreed
19upon by the city and the private individual, copartnership,
20association, or corporation.

21Section 3552. Operation of Property.--The property, so
22acquired, shall be operated in the same manner as if the same
23had been acquired by such city by purchase or condemnation
24proceedings.

25Section 3553. Rates.--The council of the city, subject to
26the Public Utility Law, shall fix the rates to be charged for
27the water furnished without the limits of such city to
28individuals, copartnerships, associations, or corporations.

29(7) Condemnation of Lands for Road Purposes and to

30Prevent Contamination

1Section 3560. Overflowing Roads; Acquisition of Lands to
2Reconstruct Roads.--Whenever any city, in supplying water to the
3public, shall find it necessary, in storing water, to occupy and
4overflow with water portions of any turnpike or public road, or
5whenever any public road leads into or crosses over any
6reservoir used for the storage of water, the city shall cause
7such turnpike or road to be reconstructed, at its own expense,
8on a favorable location and in as perfect manner as the original
9road, and, for such purposes, is authorized to condemn land
10whenever an agreement as to the price cannot be had with the
11owners.

12Section 3561. Filing Maps and Plans.--After such change is
13made, the city shall file in the court of quarter sessions of
14the county a map or plan showing such change of road, and shall
15furnish to the supervisors or other authorities of the township,
16or municipal corporation, a copy of such map.

17Section 3562. Condemnation of Lands to Prevent
18Contamination.--Cities may acquire, by purchase or condemnation,
19such lands along and contiguous to the streams of water or
20reservoirs from which water is taken for public use, as may be
21necessary to preserve the same from contamination.

22Section 3563. Security for Payment of Damages.--No land
23shall be taken, injured or destroyed for the uses mentioned in
24this subdivision of this article until compensation therefor
25shall have been paid, or secured, before such taking, injury or
26destruction.

27Section 3564. Condemnation Proceedings.--The damages
28incurred in changing the location of any such turnpike or public
29road, and in condemning land to preserve water from
30contamination, shall be ascertained in the manner provided in

1this act in case of property taken, injured or destroyed.

2(8) Miscellaneous Provisions

3Section 3570. Power of City to Patrol Through Private
4Lands.--Any city owning and operating a water-works system is
5hereby authorized and empowered to enter, by any of its
6employes, upon private lands through which may pass any stream
7or streams of water supplying such city, for the purpose of
8patrolling the drainage area of such stream or streams, and
9making investigations or inquiries pertaining to the condition
10of the stream or streams, sanitary or otherwise. Any injury or
11damage done to the property, so entered upon, shall be paid by
12such city.

13Section 3571. Leasing of Part of Water-Works for Yacht
14Harbor.--The council, or the commission of water-works, or other
15body of any city having charge and control of the water-works
16property of any such city, may, subject to the approval of the
17State Department of Health, and subject to proper restrictions,
18lease, for a period of years, any portion of the real property,
19not exceeding three acres, and any water area, under its
20control, and not necessary or essential for the operation and
21maintenance of such water-works, for the purpose of establishing
22and maintaining a harbor for yachts and for the erection of
23proper and suitable buildings in connection therewith, whenever
24the occupation of the grounds and water areas so leased shall
25not interfere with the operation of such water-works or in any
26manner affect the sanitary conditions of any public water
27supply.

28Any such lease, before the same is executed, shall be
29submitted to and be approved by the Department of Health.]

30Section 332. Section 3572 of the act, added August 19, 1953

1(P.L.1100, No.297), is repealed:

2[Section 3572. Accumulation of Funds; Repair and Replacement
3of Water Supply Systems.--Any city, which now has or may
4hereafter acquire title to any water-works, shall create a
5special fund and accumulate therein money to be expended
6exclusively for the repairing and replacing of its water supply
7system. The city shall annually place into the fund the
8difference between ten (10) per cent of the net receipts
9collected by it incidental to the supplying of water and water
10service and the amount, if any, expended in repairing or
11replacing its water supply system. The total amount in the
12special fund shall not exceed in the aggregate ten (10) per cent
13of the net receipts for any three years.

14The provisions of this section shall not be construed to
15limit the powers of the city to use receipts from water or water
16services for purposes of repairing or replacing its water supply
17system.]

18Section 333. Article XXXV subdivision (b) heading, sections
193575 and 3576, subdivision (c) heading and sections 3580, 3581,
203582, 3583 and 3584 of the act are repealed:

21[(b) Power and Light

22Section 3575. Power to Furnish Light.--Cities shall have the
23exclusive right, at all times, to supply the city with electric,
24gas or other light, and such persons, partnerships, and
25corporations therein as may desire the same, at such prices as
26may be agreed upon; and shall have at all times, the
27unrestricted right to make, erect, and maintain the necessary
28buildings, machinery, and apparatus for manufacturing and
29distributing the same, or, in territory not supplied with light,
30to make contracts with and to authorize any person, company, or

1association so to do, and to give such person, company, or
2association the privilege of supplying gas or other light, as
3aforesaid, for any length of time not exceeding ten years.

4Section 3576. Street Lighting; Ornamental Lighting
5Systems.--Cities may, by ordinance, provide for and regulate the
6lighting of streets with gas or electric light, or light by
7other means, and, upon petition of the majority of the property
8owners in number or interest abutting on any street or section
9thereof, may install ornamental lighting systems and assess the
10costs of installation, maintenance, or operation entirely upon
11the city, or entirely upon the abutting property owners, or
12partly upon the abutting property owners and partly on the city.

13(c) Water and Lighting Commission

14Section 3580. Creation of Water and Lighting Department.--
15Any city which now has or which may hereafter have the title to
16any water, gas, or electric light works, by conveyance to the
17same or by operation of law in its corporate name, or which may
18hereafter erect or purchase water, gas, or electric light works,
19under the provisions of this act, may create a department to be
20called the water and lighting department, and, for the
21organization and government of the same, the council may divide
22the city into three districts for the election of a board of
23commissioners, which districts shall be numbered one, two, and
24three; one commissioner to be chosen from each respective
25district, of which he shall be a resident at the time of his
26election, and no member of council or person holding any city
27office shall be eligible as a member of said board.

28Section 3581. Election of Members of Commission.--The
29council of such city creating such department, as aforesaid,
30may, on the second Monday of April, or within thirty days

1thereafter, elect one person from each of said districts as a
2member of the board of commissioners of the water and lighting
3department; and at the first election each member of council
4shall vote for but two commissioners, and the three persons,
5being one from each of said districts, having the highest number
6of votes shall be declared elected. The commissioners so elected
7shall serve for the term of one, two, and three years,
8respectively, to be computed from the date of election, and
9until their successors are duly elected and qualified. The term
10of each shall be determined by lot at the first meeting of the
11board, and thereafter on the second Monday of April of each
12year, or within thirty days thereafter, the council shall elect
13one commissioner to serve for the term of three years.

14Section 3582. Compensation of Commissioners; Oath; Removal;
15Filling of Vacancies.--The members of the board of
16commissioners, created as aforesaid, shall receive such
17compensation for their services as may be provided by ordinance.
18Before entering upon their respective duties, they shall take
19and subscribe the oath prescribed by this act for city officers,
20and they shall be removable by council for misdemeanor in office
21or neglect of duty. All vacancies occurring in the board shall
22be filled by council for the unexpired term.

23Section 3583. Duties of Board.--The board shall take charge
24of the water and lighting department so created, and shall
25employ and dismiss at pleasure a superintendent and a clerk, who
26shall be secretary of the board, whose compensation shall be
27fixed by council. The board shall employ such laborers,
28mechanics and workmen as they may deem necessary for the
29economical and efficient administration of said department. They
30shall purchase such materials and supplies as may be required

1for keeping the works in good repair, and have charge and
2control of all constructions, repairs, enlargements and
3extensions of the works, and shall conduct and manage the
4affairs and business of the department in accordance with law
5and the directions of council.

6Section 3584. Estimates of New Work to be Furnished
7Council.--The said board of commissioners shall, whenever called
8upon by council, make and submit to them full estimates of the
9cost, charges and expenses of any new work, enlargement,
10extension of water or lighting supply, or alteration which
11council may contemplate making relative to said works; and may,
12at any time, submit to council any suggestions and estimates
13they may see proper to make touching the improvement, extension,
14or enlargement of said works, but no new construction,
15reconstruction, extension, supply of water or light, or
16enlargement of said works shall be undertaken by said
17commissioner so created, or materials or supplies be purchased
18therefor, without the previous consent and direction of
19council.]

20Section 334. Section 3585 of the act is amended to read:

21Section 3585. Payment of Cost of [Extensions by Property
22Owners; Frontage Tax] Extensions.--Whenever an extension of [a
23supply of] pipes, wires or conduits is made to permit a city to 
24supply water or light, electric, gas or other similar utility 
25service to portions of the city not previously supplied [shall
26be made by the said commissioners, they shall make out a full
27statement of the number of feet of main pipes laid or extended
28through any of the streets of the city in which main pipes were
29not laid before the said extension, and shall file the same in
30the department; and it shall be the duty of the clerk of said

1department, forthwith, on receipt of said statement to make out
2a list of all owners of houses, lots and buildings on each side
3of the street through which said pipes are extended, and to
4charge said owners, and each of them, for each and every house,
5lot or building so situated in said streets, at such rate per
6foot as council may by ordinance fix, for said mains extending
7along the front of their respective houses, lots and buildings.
8Nothing herein contained shall be construed to prevent council
9from providing for the payment of water and gas pipes by the
10city] with such service, an assessment of the costs thereof may 
11be made in accordance with Article XLV-A.

12Section 335. Section 3586 of the act is repealed:

13[Section 3586. Collection of Frontage Tax; Assessment of
14Cost.--Said charge shall be called the frontage water tax, or
15lighting tax, as the case may be, and shall be collected and
16recovered in the manner provided by law for the recovery of
17municipal claims. Whenever any pipes for the conveyance of water
18or light shall be laid in any of the streets or highways within
19such city, the owners of the ground in front of which the same
20shall be laid shall pay for the expense thereof such sum for
21each foot of the front of their ground upon such street as
22council may, by ordinance, direct: Provided, That in all corner
23lots an allowance shall be made of one-third the length of their
24front, but such allowance shall be always and only on the street
25having the longest front and in case both fronts are of equal
26dimensions, the allowance shall be made in the street in which
27the pipes shall be last laid, but in no case shall the allowance
28exceed sixty feet on any corner lot: And provided further, That
29when a corner lot shall have erected upon it two or more
30separate tenements, there shall only be an allowance made equal

1to one-third of the depth of the corner tenement and the yard
2adjoining. The provisions of this and the foregoing section
3shall not apply to any lot or piece of ground in such city upon
4which there may be a supply of water or gas obtained from any
5other source whatever, but if at any time the owner of such lot
6or piece of ground shall desire to obtain a supply of water or
7gas from the works of such city, then and in that case the
8provisions of this section shall first be complied with.]

9Section 336. Section 3587 of the act is amended to read:

10Section 3587. Fixing Rates.--[The board of commissioners
11may] Council shall fix, or may delegate to a city department the 
12power to fix, with the approval of council, [fix the water and
13lighting rates, and the quantity to be used, and for that
14purpose they shall, on the first Monday of March in each year,
15establish the rates for the succeeding year, which rates shall
16be submitted by them to council for its approval, and, when
17approved, such rates shall not be changed for and during the
18year, but if not approved, the existing rates shall continue
19until modified by the commissioners, with the approval of
20council] rates for the use of water or light, electric, gas or 
21other similar utility service and, in the case of consumers 
22outside the city, the fixing of rates shall be subject to and in 
23accordance with applicable law and the rules and regulations of 
24the Pennsylvania Public Utility Commission.

25Section 337. Section 3588 of the act, amended December 18,
261992 (P.L.1424, No.175), is amended to read:

27Section 3588. Collection of [Lighting and Water] Utility
28Charges.--(a) Council shall provide, by ordinance, for the
29collection of [all the lighting and water] charges for the use 
30of water or light, electric, gas or other similar utility 

1service that may accrue, from time to time, to the city [for the
2use of the water or light], fixing the time when [such] the
3charges shall be payable, and the penalties for nonpayment
4thereof[; and such] . The charges shall be assessed to the
5respective owners of the real estate on which [such water or
6light] the utility service is used, and if the same shall not be
7paid in accordance with the provisions of [such] the ordinance,
8claims for the amounts due [shall be registered in the city lien
9docket in the same manner as provided by law in the case of
10unpaid city taxes on real estate, with the like force and effect
11as to the lien thereof.] may be filed as a lien and collected in 
12accordance with the Municipal Claim and Tax Lien Law.

13(b) In the case of a city which has agreed to provide water
14service through a separate meter and separate service line to a
15residential dwelling unit in which the owner does not reside,
16the owner shall be liable to pay the tenant's bill for service
17rendered to the tenant by the city only if the city notifies the
18owner and the tenant within thirty days after the bill first
19becomes overdue. Such notification shall be provided by first
20class mail to the address of the owner provided to the city by
21the owner and to the billing address of the tenant,
22respectively. Nothing herein shall be construed to require a
23city to terminate service to a tenant, provided that the owner
24shall not be liable for any service which the city provides to
25the tenant ninety or more days after the tenant's bill first
26becomes due unless the city has been prevented by court order
27from terminating service to that tenant.

28Section 338. Section 3589 of the act is repealed:

29[Section 3589. Report to Council; Accounts of City
30Treasurer; Disposition of Surplus.--The board of commissioners

1shall, annually at a stated meeting of council in the month of
2January, report to said council a full statement of all the
3repairs, alterations, reconstructions, new constructions,
4expenditures, and everything relating to the management and cost
5to the city of maintaining each of the said works. The city
6treasurer shall keep his accounts in such manner as to show in
7his monthly report, distinctly and separately, the entire amount
8of revenue realized during each month from the water and
9lighting departments of said city, respectively; and the
10revenues derived from the said water and lighting departments
11shall be applied exclusively to the purposes of said
12departments, respectively; and the surplus, if any, to the
13reduction of the debt thereof. Any surplus revenues from said
14water and lighting departments, after the payment of all the
15debts of said respective departments, shall be applied as
16follows: The surplus from the water revenues, to the reduction
17of the bonded indebtedness which has been created by the city
18for the erection and construction of its water-works; and the
19surplus from the lighting revenues, to the reduction of any
20bonded indebtedness which has been created by the city for the
21erection and construction of its lighting plant.]

22Section 339. The act is amended by adding a section to read:

23Section 3590. Disposition of Revenues.--The revenues derived
24from the city's furnishing of water, light, electric, gas or
25other similar utility service shall be applied as follows:

26(1) to the purposes of the respective departments under the
27direction of which the utility service is provided;

28(2) for the reduction of debt related to the provision of
29that service; and

30(3) to any other city department that provides labor or

1materials for the maintenance and repair of property or
2facilities relating to the city's provision of a utility
3service.

4Section 340. Article XXXVI heading is reenacted to read:

5ARTICLE XXXVI

6PUBLIC BUILDINGS AND WORKS

7Section 341. Section 3601 of the act is amended to read:

8Section 3601. [Hospitals, Jails, Poor Farms, Et Cetera.--
9Each city may, by ordinance, erect] Public Buildings 
10Generally.--(a) With regard to public buildings, each city may, 
11by ordinance, do any of the following:

12(1) Erect, purchase, establish or maintain [hospitals,
13jails, workhouses, or houses of correction for juvenile or other
14offenders and prescribe regulations for the government thereof;
15and erect] all public buildings. [necessary for the use of the
16city, or of any department thereof; purchase, take, use, or
17occupy, private lands upon which to erect any of the said
18buildings; purchase, take, use, or occupy, within or without the
19limits of the respective city, whether within the county wherein
20is located the city, or within a county adjacent thereto, or
21within both, private lands and buildings; establish and maintain
22a general hospital, or hospitals, for the cure and treatment of
23the sick and injured, or a hospital or hospitals for the
24treatment and separation of persons suffering with contagious or
25infectious diseases, and prescribe rules and regulations for the
26government, management, and maintenance thereof; purchase, take,
27use, or occupy, within the limits of the county of such city or
28within a county adjacent thereto, or within both, private lands
29upon which to establish and maintain a poor farm, with all
30necessary and convenient buildings and appliances, where the

1city may support and maintain such poor persons as such city is
2by law required to support and maintain; acquire, by purchase,
3or in other lawful manners, within or without the city, but
4within the county or counties in which the city is located,
5sufficient real estate for present and future use upon which to
6erect workhouses or houses of detention, poor houses, garbage
7and incinerating furnaces. The proceedings for the assessment of
8damages for any property taken, occupied or used for any such
9purpose shall be the same as provided in this act for property
10taken, injured or destroyed.]

11(2) Purchase, take, use, occupy, or acquire, by any lawful
12means, including eminent domain, private lands, buildings and
13property in order to erect, establish or maintain public
14buildings.

15(b) For purposes of this article, public buildings shall
16include not only those buildings or structures which council
17deems necessary for the use of the city, but also other
18buildings and structures which are to be used for a public
19purpose, including public auditoriums, public libraries, public
20memorial buildings and monuments.

21Section 342. Section 3602 of the act is repealed:

22[Section 3602. Public Auditoriums, Libraries, Memorials and
23Monuments.--Cities may take, purchase, or acquire, by any lawful
24means, or through condemnation proceedings, property for the
25purpose of erecting thereon public auditoriums, public
26libraries, public memorial buildings, and monuments.]

27Section 343. Section 3603 of the act is amended to read:

28Section 3603. Payment of Cost of Erection and Maintenance.--
29Cities may appropriate money [or issue bonds for the erection,
30on said property purchased or acquired through condemnation

1proceedings, public auditoriums, public libraries, public
2memorial buildings, and monuments] and incur debt in accordance 
3with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and 
4borrowing) for the purchase or acquisition through eminent 
5domain of private lands, buildings and property in order to 
6erect or establish public buildings. Cities may also appropriate
7moneys for the operation and maintenance of [such public
8auditoriums, public libraries, memorial buildings, and
9monuments] public buildings.

10Section 344. Section 3604 of the act is repealed:

11[Section 3604. Proceedings for Assessment of Damages.--All
12proceedings for the assessment of damages for property taken for
13auditoriums, libraries, memorials and monuments shall be had in
14the manner provided by this act for property taken, injured or
15destroyed.]

16Section 345. Sections 3605, 3606 and 3607 of the act are
17amended to read:

18Section 3605. Donation of Land by City for Library Purposes; 
19Contributions [toward Maintenance.--Cities may donate ground 
20thus acquired for a public library to any library association 
21provided said association will furnish the funds for the 
22erection of the library building, the plans of which are 
23approved by the city, but only in such cases where the said 
24library association is by its by-laws and charter compelled to 
25put back into the property and surplus earnings from the 
26operation of said library. Cities may make appropriations 
27towards the operating expense of such library.] toward 
28Maintenance.--In addition to the power to make appropriations, 
29donations and gifts for library purposes in accordance with 24 
30Pa.C.S. Ch. 93 (relating to library code) a city may acquire and 

1donate land for library purposes to a local library as defined 
2in 23 Pa.C.S. § 9302 (relating to definitions).

3Section 3606. Rental of Public Auditoriums; Disposition of
4Proceeds.--Cities, in the case of public auditoriums, may, by
5order of council, charge a rental for the use of [said] the 
6public auditorium. All moneys derived from rental of [said] the 
7public auditoriums shall be paid into the general fund of the
8city.

9Section 3607. [Leasing of City Property as Memorials.--Each
10city may lease real estate, the property of said city,] Long-
11Term Improvement Leases.--(a) A city may lease city real estate
12on [long term] long-term improvement leases, at a nominal rental
13or otherwise, to a [corporation of the first class] nonprofit 
14corporation, for the purpose of providing an auditorium for
15dramatic, musical, artistic, literary, scientific or patriotic
16societies or events, or for such other purposes as may be
17approved, from time to time, by council.

18(b) A long-term improvement lease shall be for a term of not
19more than ninety-nine years, and may provide for a right of
20renewal for a like term, and shall contain provision for the
21improvement of the real estate by the lessee by the erection of
22a suitable building or buildings of dignified and appropriate
23architecture, absolute ownership of which building or buildings
24shall revert to the city, free of any claim or charge, at the
25end of the term of the lease or any renewal thereof.

26(c) The building or buildings erected pursuant to a long-
27term improvement lease may be used for any one or more of the
28following purposes, which are hereby declared, in respect of
29this subject matter, to be used for public purposes: As an
30auditorium for dramatic, musical, artistic, literary, or

1scientific events, including provision for the accommodation of
2patriotic societies or groups, or such other accommodations and
3features as may be approved, from time to time, by the city.

4(d) The title to property subject to a long-term improvement
5lease shall remain in the city, and for purposes of local
6taxation, the property which is subject to a long-term
7improvement lease and the leasehold estate created thereby shall
8be deemed to be devoted to a public purpose and public use.

9(e) The lessees under a long-term improvement lease shall be
10exclusively liable for the maintenance and upkeep of the demised
11premises, and shall be solely responsible for the maintenance
12and operation thereof.

13(f) Any long-term improvement lease may provide that the
14lessor shall be entitled to receive a sum equal to the net
15income of the demised premises after reasonable reserves and
16proper amortization charges.

17Section 346. Sections 3608, 3609, 3610, 3611 and 3612 of the
18act are repealed:

19[Section 3608. Term of Lease; Renewals; Improvements to be
20Erected.--Every such lease shall be for a term of not more than
21ninety-nine years, and may provide for a right of renewal for a
22like term, and shall contain provision for the improvement of
23the real estate by the erection of a suitable building or
24buildings of dignified and appropriate architecture, absolute
25ownership of which building or buildings shall revert to the
26city, free of any claim or charge, at the end of the term of the
27said lease or any renewal thereof.

28Section 3609. Use of Buildings.--The building or buildings,
29so erected, may be used for any one or more of the following
30purposes, which are hereby declared, in respect of this subject

1matter, to be used for public purposes: As an auditorium for
2dramatic, musical, artistic, literary, or scientific events,
3including provision for the accommodation of patriotic societies
4or groups, or such other accommodations and features as may be
5approved, from time to time, by the city.

6Section 3610. Title in City; Exemption from Taxation;
7Maintenance.--The title to the said property, as so improved,
8shall remain in the city, and neither the said real estate, nor
9the leasehold estate created by such lease, shall be subject to
10local or other taxation.

11The lessees shall be exclusively liable for the maintenance
12and upkeep of the demised premises, and shall be solely
13responsible for the maintenance and operation thereof.

14Section 3611. Rental.--Any such lease may provide that the
15lessor shall be entitled to receive a sum equal to the net
16income of said demised premises after reasonable reserves and
17proper amortization charges.

18Section 3612. Location of City Jails Restricted.--No city
19shall erect or construct a city jail or lock-up, or use any
20existing building or lock-up for the first time, which will be
21or is located within five hundred feet of any public school
22building.]

23Section 347. Article XXXVII heading of the act is reenacted
24to read:

25ARTICLE XXXVII

26PARKS, PLAYGROUNDS, AND RECREATION CENTERS

27Section 348. Section 3703 of the act, amended September 26,
281951 (P.L.1515, No.379), is amended to read:

29Section 3703. Acquisition of Lands and Buildings.--Cities
30may enter upon, take, use, purchase and acquire, by gift or by

1the right of eminent domain, lands, property and buildings, for
2the purpose of making, extending, enlarging, and maintaining
3recreation places which shall consist of public parks, parkways,
4playgrounds, playfields, gymnasiums, public baths, swimming
5pools, or indoor recreation centers, may levy and collect such
6special taxes as may be necessary to pay for the same, and make
7appropriations for the improvement, maintenance, care,
8regulation, and government of the same. Cities may designate and
9set apart for use for any of the purposes specified in this
10section lands and buildings owned by such cities and not
11dedicated or devoted to other public use. Cities may also lease
12lands and buildings in such cities for temporary use for [such]
13these purposes. Lands, property and buildings outside the limits
14of the city may be [acquired in like manner] purchased or 
15acquired for the recreation places[, and such lands may be
16annexed to the city, in the manner provided by this act for the
17annexation of territory to a city.] with the consent of the 
18governing body of the municipal corporation in which the lands, 
19property or buildings are situated.

20Section 349. The act is amended by adding a section to read:

21Section 3703.1. Powers of Council; Delegation.--(a) Council
22shall have the power to equip, operate, supervise, and maintain
23recreation places and to employ recreation directors or any
24other officers or employes deemed necessary in order to carry
25out the provisions of this article.

26(b) In any case in which more than one-half the full costs
27of the supervision and maintenance of the recreation places,
28including the compensation of all the officers and employes
29hired to carryout the provisions of this article, are borne by
30the city, council shall have the authority to fix the

1compensation of these officers and employes.

2(c) Council may delegate all or part of its power under
3subsection (a) to an existing body or board or to a recreation
4board, as council shall determine.

5Section 350. Section 3704 of the act, amended January 14,
61952 (1951 P.L.2032, No.570), is repealed:

7[Section 3704. Creation of Recreation Board.--The authority
8to supervise and maintain recreation places may be vested in any
9existing body or board, or in a recreation board, as council
10shall determine. Council may equip, operate, and maintain the
11recreation places, as authorized by this act. Such authorities
12may, for the purpose of carrying out the provisions of this
13article, employ play leaders, recreation directors, supervisors,
14superintendents, or any other officers or employes, as they deem
15proper. Where more than one-half the full costs of the
16supervision and maintenance of the recreation places, including
17the compensation of all the officers and employes, are borne by
18the city, the compensation of such officers and employes shall
19be fixed by council: Provided, however, That in such cases,
20council may delegate this power to the recreation commission.]

21Section 351. Section 3705 of the act, amended October 4,
221978 (P.L.950, No.188), is amended to read:

23Section 3705. [Composition of Board.--(a) If council shall
24determine that the power to equip, operate, and maintain
25recreation places, shall be exercised by a recreation board,
26they may establish in said city such recreation board, which
27shall possess all the powers, and be subject to all the
28responsibilities of council under this article. Such] Creation 
29and Composition of Recreation Board.--Council may establish in 
30the city a recreation board, which shall possess the powers and 

1the responsibilities delegated to it by council in accordance 
2with section 3703.1(c). The recreation board, when established,
3shall consist of [a minimum of five and a maximum of nine
4persons, two of whom shall be members of and appointed by the
5school board. The city] five or seven persons. The members of
6the board shall be appointed by the mayor with the approval of
7council and shall serve for terms no longer than five years and
8the terms of the members shall be staggered in such a manner
9that at least one expires annually. Members of [such] the 
10recreation board shall serve without pay. Vacancies in [such]
11the board, occurring otherwise than by expiration of term, shall
12be for the unexpired term and shall be filled in the same manner
13as original appointments.

14[(b) In addition to the establishment of a city recreation
15board, the council may appoint persons to serve as members of a
16school district recreation board established by the school
17district wherein the city is located.]

18Section 352. Sections 3706, 3707 and 3708 of the act are
19amended to read:

20Section 3706. [Organization of Board; Employes] Organization 
21of Board.--The members of a recreation board, established
22pursuant to this article, shall elect their own [chairman] chair
23and secretary and select all other necessary officers, to serve
24for a period of one year[, and may employ such persons as may be
25needed, as authorized by this article. Such]. The board shall
26have power to adopt rules and regulations for the conduct of all
27business within its jurisdiction. Meetings of the board shall be 
28subject to the provisions of 65 Pa.C.S. Ch.7 (relating to open 
29meetings).

30Section 3707. Joint Ownership and Maintenance.--[Any] A city

1may, jointly with any [other cities, boroughs, or townships, or
2any of them] one or more other municipalities, acquire property
3for, and operate and maintain, any recreation [places] place.
4Any city may join with any school district, in equipping,
5operating, and maintaining recreation places, and may
6appropriate money therefor.

7Section 3708. [Issue of Bonds.--The city council may issue
8general obligation bonds] Borrowing.--The city council may 
9borrow money and incur debt in accordance with 53 Pa.C.S. Pt. 
10VII Subpt. B (relating to indebtedness and borrowing) for the
11purpose of acquiring lands or buildings for recreation places,
12and for the equipment therefor.

13Section 353. Section 3709 of the act, amended August 10,
141965 (P.L.318, No.168), is amended to read:

15Section 3709. Maintenance and Tax Levy.--[All expenses
16incurred in the operation of such] Expenses incurred in the 
17maintenance and operation of recreation places, established as
18herein provided, [shall be payable] including the operation of 
19recreation programs therein, may be paid from the treasury of
20the city. Council may annually appropriate, and cause to be
21raised by taxation[, such tax for the purpose of maintaining and
22operating recreation places. In lieu thereof, council may
23annually appropriate moneys to any existing body or board, or to
24a recreation board or commission, for the maintenance and
25operation of recreation places.] in accordance with section 
262531(a)(4), a tax for this purpose. The funds may be 
27appropriated, for the purposes of this section, to any existing 
28body or board, or to a recreation board or commission.

29Section 354. The act is amended by adding a section to read:

30Section 3709.1. City Trusts.--(a) In addition to all other

1powers conferred by law, a city may receive in trust, and city
2council may control for the purposes of the trust, all estate,
3moneys, assets and property, real and personal, which may have
4been or shall be bestowed upon it by donation, gift, legacy,
5endowment, bequest, devise, conveyance or other means, for the
6purpose of establishing or maintaining a public park or other
7public purpose for the use and benefit of the citizens of the
8city.

9(b) In the event that a city trust has been or is created as
10a result of any property or estate, whatsoever, having been
11conveyed, bequeathed or devised or otherwise given or donated to
12any city, in trust, for the purpose of establishing or
13maintaining a public park or other public purpose for the use
14and benefit of citizens of the city, control of the trust shall
15be transferred to city council and, if necessary to carry out
16the intention of this section, the court of common pleas in the
17county in which a city is located may, upon petition of council,
18transfer control of the trust to city council. City council may
19delegate the supervision and operation of recreation places
20subject to the trust to a recreation board in accordance with
21section 3703.1. Nothing in this section shall limit any power of
22the court to terminate or reform a trust under existing law.

23Section 355. Sections 3710, 3711, 3712, 3713, 3714, 3715,
243716 and 3717 of the act are repealed:

25[Section 3710. Leasing by City of its Parks or
26Playgrounds.--Cities may enter into contracts and agreements
27with any incorporated association, acting within its corporate
28powers, for the use by the latter of any park or playground,
29owned, leased, or occupied by said cities, for such period and
30upon such terms as to maintenance, upkeep and improvement of

1such ground as may be mutually agreed upon. No such contract or
2agreement, however, shall permanently exclude the public of said
3cities from the use and enjoyment of said parks and playgrounds.
4The said cities shall at all times be invested with the power
5and authority to adopt suitable rules and regulations concerning
6the use and occupation of said parks and playgrounds by the
7public generally, and by such incorporated associations
8specially.

9Section 3711. Sale of Coal Under Parks or Commons.--Council
10may sell and lease, at the best price obtainable, and subject to
11such conditions as it may deem necessary to impose for the
12protection of the surface, the coal under any park or common
13owned by and situate within the corporate limits of the city.
14When any park, or common shall front on a river or other public
15stream, such portion of the amount realized from the sale or
16lease of such coal may be used for the erection of retaining
17walls, as council shall deem necessary for the purpose. Before
18any such coal shall be sold or leased, the proposed sale shall
19be advertised, in accord with the provisions of section one
20hundred and nine of this act, at least once a week in three
21daily papers published in the city in which said coal is
22situate, if there be so many, and in any other publication, as
23council may determine; and sealed bids shall be received, and
24the person, copartnership, association or corporation offering
25the highest and best price shall be the purchaser, but council
26shall have the right to reject all bids.

27Section 3712. Use of Proceeds of Sale or Lease of Coal Under
28Parks.--Whenever any city shall have sold or leased the coal
29underlying any public park or common within the limits of said
30city, the proceeds of said sale or lease, except as hereinbefore

1otherwise provided, shall be applied only as follows: First. To
2the improvement, policing, and lighting of the said park or
3common, or the redemption of bonds issued for the improvement of
4said park or common; Second. Any surplus of the said proceeds
5may then be applied and used for the purchase and improvement of
6other lands, within the limits of the city or immediately
7adjacent thereto, for use as recreation places, or for the
8building of bridges and construction of drains and sewers, or
9for such other purposes as council may determine: Provided, That
10no land shall be purchased for such use with said funds unless
11the ordinance authorizing the purchase shall have been passed by
12the affirmative vote of four members of council.

13Section 3713. Application of Coal Rentals to Payment of
14Costs of Improvements; Issue of Bonds.--Whenever hereafter any
15such city shall have leased the coal under any public park or
16common for a rental or royalty payable in periodical
17instalments, in order to provide for the payment of the cost of
18any such improvements authorized in the preceding sections, the
19said city may, from time to time, issue general obligation
20bonds. The issuance of any such bonds shall be in accordance
21with the Municipal Borrowing Law.

22Section 3714. Appointment of Directors of City Trusts.--
23Whenever any property or estate, whatsoever, has been conveyed,
24bequeathed or devised to any city, in trust, for the purpose of
25establishing or maintaining a public park or other public
26purpose for the use and benefit of citizens of such city, the
27court of common pleas of the county in which such city is
28located, on petition of council of said city, shall appoint five
29persons as directors of city trusts, all of whom shall be
30citizens of such city, and none of whom shall hold any office or

1employment thereunder, who shall exercise and discharge all the
2duties and powers of said city, however acquired, concerning
3such property, conveyed, bequeathed or devised to such
4charitable use, to the extent that the same has been or
5hereafter may be, by statute or otherwise, vested in or
6delegated to the said city or the officers thereof. The
7directors of city trusts may delegate the supervision and
8operation of such city trusts as are recreation places to the
9authority determined by council for recreation places of the
10city in accordance with section three thousand seven hundred
11four of this act.

12Section 3715. Term of Service; Removal; Vacancies.--The
13persons so appointed shall serve as members of the board of
14directors of city trusts during good behavior, subject, however,
15to removal by the court of common pleas for dereliction or
16neglect of duty, or for any other cause deemed by the said court
17to be important for the conservation or administration of the
18said trust thus imposed upon them.

19All vacancies shall be, from time to time, filled by the said
20court, on petition of the council, of said city, or any of its
21citizens.

22Section 3716. Duties of Directors.--The said directors of
23trust shall carefully invest and preserve the trust funds; make
24such rules and by-laws for the proper regulation of their
25business not inconsistent with the terms annexed to any
26conveyance, bequest or devise in any deed or last will and
27testament of any decedent; appoint and employ as many agents and
28employes as, in their judgment, shall be necessary for the
29proper discharge of the said trust or trusts; and, in the name
30and in accordance with the conditions of said trusts, do any and

1all things requisite for the proper administration and
2management of the property under their control.

3Section 3717. Directors to be Agents of City; to Have no
4Interest in Contracts.--The said directors, in the discharge of
5their duties and within the scope of their powers, shall be
6considered agents or officers of the city, but no compensation
7or emolument whatever shall be received by them for any services
8performed relating to the said trusts, nor shall any of them
9have or acquire any personal interests in any contract whatever
10made through them or their agents or employes.]

11Section 356. Section 3718 of the act is amended to read:

12Section 3718. [Appointment of Park Guards.--] Park 
13Rangers.--(a) The council of every city shall have power, under 
14the provisions of this article, to provide, by ordinance, for 
15the selection and employment of such number of persons as [they 
16deem necessary to act as park guards] are deemed necessary to 
17act as park rangers, fix their compensation and duties, and 
18provide for their [uniforming] uniforms.

19(b) To the extent authorized by 53 Pa.C.S. Ch. 21 Subch. D
20(relating to municipal police education and training), persons
21appointed as park rangers, under any ordinance passed pursuant
22to the provisions of subsection (a), shall have, in the parks
23and playgrounds and other public places in the cities, and
24beyond the limits of the cities when the cities have acquired
25lands, properties and buildings for park and playground or other
26public purposes, the same power, in preserving the peace,
27maintaining order, and making arrests, as police officers have
28in the cities.

29(c) For purposes of the act of June 28, 1935 (P.L.477, 
30No.193), referred to as the Enforcement Officer Disability 

1Benefits Law (Heart and Lung Act), the term "park ranger," as 
2used herein, shall mean a park guard.

3(d) Park rangers shall be under the supervision, control and
4direction of the director of the Department of Parks and Public
5Property, or, if none exists, any other department as council
6directs.

7Section 357. Sections 3719, 3720 and 3721, Article XXXVIII
8and subdivision (a) headings and section 3801 of the act are
9repealed:

10[Section 3719. Powers of Park Guards.--Persons appointed as
11park guards, under any ordinance passed pursuant to the
12provisions of the preceding section, shall have, in the parks
13and playgrounds and other public places in such cities, and
14beyond the limits of such cities when such cities have acquired
15such lands, properties and buildings for park and playground or
16other public purposes, the same power, in preserving the peace,
17maintaining order, and making arrests, as policemen have in such
18cities.

19Section 3720. Control of Park Guards.--Such park guards
20shall be under the supervision, control, and direction of the
21director of the Department of Parks and Public Property.

22Section 3721. Sale of Unused and Unnecessary Land and
23Buildings.--The council of each city is hereby vested with the
24necessary power and authority to sell unused and unnecessary
25lands and buildings that have been dedicated to park purposes by
26public auction, upon sealed bids, or at private sale with
27approval of the court of common pleas; Provided, nevertheless,
28That before any such sale is made council shall advertise said
29proposed sale twice in at least one newspaper in accordance with
30section one hundred and nine of this act.

1ARTICLE XXXVIII

2SHADE TREES AND FORESTS

3(a) Shade Trees

4Section 3801. Shade Tree Commission.--Any city may, by
5ordinance, create a commission to be known as the Shade Tree
6Commission of such city; but in cities where the council of said
7city shall not elect to create by ordinance such Shade Tree
8Commission, the said council may exercise all the rights and
9perform the duties and obligations imposed by this article upon
10the Shade Tree Commission.]

11Section 358. Section 3802 of the act, amended November 2,
121975 (P.L.459, No.128), is repealed:

13[Section 3802. Composition of Commission.--The commission,
14if ordained, shall be composed of not less than three nor more
15than seven residents of the city, who shall be appointed by the
16mayor, and shall serve without compensation.

17One commissioner shall serve for a term of three years, one
18for a term of four years, and one for a term of five years on
19commissions of only three residents. Where the commission
20consists of more than three members, the time sequence provided
21for a three member commission shall be repeated.

22On the expiration of the term of any commissioner, a
23successor shall be appointed by the mayor to serve for a term of
24five years.

25Vacancies in the office of commissioner shall be filled by
26the mayor for the unexpired term.

27Should the governing body determine to increase the
28membership of an already existing commission, the additional
29members shall be appointed as provided in this section. If, at
30any time, after increasing the membership of the commission the

1governing body should determine to reduce the number of members
2on the commission, such reduction shall be effectuated by
3allowing the terms to expire and by making no new appointments
4to fill the vacancy. Any increase or reduction in members shall
5be by ordinance.]

6Section 359. Sections 3803, 3804, 3805 and 3806 of the act
7are repealed:

8[Section 3803. Powers May Be Vested in Park Commission.--
9Whenever in any city there exists a commission for the care of
10public parks, the council may also, by ordinance, provide that
11the park commission shall have all the powers and be subject to
12all the duties prescribed by this article for the Shade Tree
13Commission.

14Section 3804. Powers of Commission.--The commission shall
15have exclusive custody and control of the shade trees of the
16city, and may plant, remove, maintain, and protect shade trees
17on the streets and sidewalks in the city. The commission may
18require the planting and replanting of shade trees along the
19streets and sidewalks of the city, as council may direct. The
20kind of tree and the alignment and locations of the trees shall
21be determined by the commission or as council may direct, but
22shall not prevent necessary or reasonable use of streets,
23sidewalks, abutting property, or the conduct of business.

24The commission may, with the approval of council, either
25employ and pay superintendents, engineers, foresters, tree-
26wardens, or other assistants, or may contract for personal and
27professional services, for the proper performance of the duties
28devolving upon it, and may make, publish, and enforce
29regulations for the care and protection of the shade trees of
30the city. No such regulation shall be in force until it has been

1approved by the council, and until it has been published at
2least twice in not more than two newspapers of the city.

3Section 3805. Report of Commission.--The shade tree
4commission shall annually report in full to the council, at
5council's first stated meeting in October, of its transactions
6and expenses for the last fiscal year of the city. The park
7commission in cities wherein the park commission is authorized
8to act as the shade tree commission, may incorporate such
9transactions and expenses as a separate part of its regular
10report to council.

11Section 3806. Notices by Commission.--Whenever any shade
12tree commission, or park commission, acting as a shade tree
13commission, proposes to plant, transplant, or remove shade trees
14on any street or sidewalk, notice of the time and place of the
15meeting at which such work is to be considered shall be given in
16not more than two newspapers published in the city, once a week
17for two weeks immediately preceding the time of the meeting, in
18accord with the provisions of section one hundred and nine of
19this act. The notice shall specify in detail the streets or
20sidewalks or portions thereof upon which trees are proposed to
21be so planted, replanted, or removed.]

22Section 360. Section 3807 of the act, amended August 21,
231953 (P.L.1292, No.364), is repealed:

24[Section 3807. Payment by Owners.--The cost of furnishing,
25planting, transplanting, or removing any shade trees in or along
26the streets of the city, of the necessary and suitable guards,
27curbing, or grading for the protection thereof, and of the
28replacing of any pavement or sidewalk necessarily disturbed in
29the execution of such work, shall be paid by the owner of the
30real estate in front of whose property the work is done, except

1that part of such cost may be certified by the commission to
2council and to the city treasurer as a charge to be paid by the
3city.

4The amount each owner is to pay shall be ascertained and
5certified by the commission to council and to the city
6treasurer.]

7Section 361. Sections 3808, 3809 and 3810, Article XXXVIII
8subdivision (b) heading, sections 3820 and 3821, subdivision (c)
9heading and sections 3830, 3831, 3832, 3833, 3834, 3835 and 3836
10of the act are repealed:

11[Section 3808. Assessments; Liens.--Upon the filing of the
12certificate with the council, the city clerk shall cause thirty
13days' written notice to be given by mail to the persons against
14whose property an assessment has been made. The notice shall
15state the amount of the assessment, and the time and place of
16payment, and shall be accompanied with a copy of the
17certificate. The expense of the notice shall be paid by the
18city.

19The amount assessed against the real estate shall be a lien
20from the time of the filing of the certificate with the council,
21and, if not paid within the time designated in the notice, a
22claim may be filed and collected in the same manner as municipal
23claims are filed and collected.

24Section 3809. Maintenance by City; Tax Levy.--The cost and
25expenses of caring for such trees after they have been planted
26shall be paid by the city.

27The needed amount shall each year be certified by the
28commissioners to council in time for inclusion in the proposed
29budget ordinance, and the funds provided by council shall be
30drawn against, as required by the commission, in the same manner

1as money appropriated for city purposes.

2The city council may levy a special tax, not to exceed the
3sum of one-tenth of one mill on the dollar on the assessed
4valuation of the property in said city, for the purpose of
5defraying the cost and expenses of caring for such shade trees
6and the administrative expenses connected therewith, or it may
7provide for such expenses by appropriations.

8Section 3810. Penalties.--The commission, to the extent as
9may be provided by ordinance of council, may assess penalties
10for the violation of its regulations and of this article so far
11as it relates to shade trees. Any penalty so assessed shall be a
12lien upon the real estate of the offender and may be collected
13as municipal claims are collected.

14All penalties or assessments imposed under this article shall
15be paid to the city treasurer, to be placed to the credit of the
16commission, subject to be drawn upon by the commission for the
17purposes authorized in this article.

18(b) Memorial Trees

19Section 3820. Memorial Trees.--Council may provide for or
20authorize provision for memorial trees for residents of the city
21who died while in the military service of the United States or
22in consequence thereof. Council may make appropriations or
23accept contributions for this purpose. Such trees shall bear
24some permanent indication of their purpose.

25Section 3821. Penalty for Injury to Memorial Trees.--Any
26person wilfully, maliciously, or negligently destroying or
27injuring any trees planted pursuant to the provisions of this
28subdivision (b) shall be guilty of a misdemeanor, and upon
29conviction, shall be liable to a fine not exceeding five hundred
30dollars, or imprisonment not exceeding three months, or both, in

1the discretion of the court.

2(c) Forests

3Section 3830. Acquisition of Land for Forest Purposes.--
4Cities may acquire, by purchase, gift, or lease, and hold tracts
5of land covered with forest or tree growth or suitable for the
6growth of trees, and administer the same, under the direction of
7the Department of Forests and Waters, in accordance with the
8practices and principles of scientific forestry, for the benefit
9of the city. Such tracts may be of any size suitable for the
10purpose and may be located within or without the city limits.

11Section 3831. Approval of Department of Forests and
12Waters.--Before the passage of any ordinance for the acquisition
13of land to be used as municipal forests, the mayor shall submit
14to the Department of Forests and Waters and secure its approval
15of the area and location of such land.

16Section 3832. Ordinance Declaring Intention.--Whenever the
17council deems it expedient to acquire any lands for the purposes
18of municipal forests, it shall so declare in an ordinance
19wherein shall be set forth all facts and conditions relating to
20the proposed action.

21Section 3833. Appropriations of Money.--All money necessary
22for the purchase of such tracts shall be appropriated in the
23same manner as appropriations for city purposes, and such funds
24may be provided from the current revenue or by the proceeds of a
25sale of general obligation bonds in accordance with the
26Municipal Borrowing Law.

27Section 3834. Rules and Regulations.--Upon the acquisition
28of any municipal forests or lands suitable for such, the council
29shall notify the Department of Forests and Waters, which shall
30make such rules for the government and proper administration of

1the same as may be necessary. The council shall publish such
2rules, declare the uses of the forest in accordance with the
3intent of this subdivision (c) of this article, and make such
4provisions for its administration, maintenance, protection and
5development as shall be deemed necessary or expedient. The rules
6governing the administration of such forests shall have for
7their main purpose the producing of a continuing city revenue by
8the sale of forest products.

9Section 3835. Appropriations and Revenues.--All moneys
10necessary to be expended for the administration, maintenance,
11protection, and development of such forests shall be
12appropriated and applied as is now done for city purposes. All
13revenue and emoluments arising from such forests shall be paid
14into the city treasury to be used for general city purposes.

15Section 3836. Use of Forests.--Municipal forests may be used
16by the public as general outing or recreation grounds subject to
17the rules governing their administration as municipal forests.]

18Section 362. Section 3837 of the act, amended May 21, 1956
19(1955 P.L.1639, No.548), is repealed:

20[Section 3837. Ordinance of Sale; Exceptions.--Whenever the
21council deems it expedient to sell any municipal forest, or part
22thereof, it shall so declare in an ordinance wherein shall be
23set forth all the facts and conditions relating to the proposed
24action, which proposed ordinance shall be advertised once a week
25for three weeks prior to its passage. No ordinance shall be
26effective in legalizing such sale until it has been approved by
27a majority vote of the people at the next ensuing general,
28municipal or primary election: Provided, however, That the
29provisions of this section shall apply only to lands acquired
30for municipal forests as such, and shall not limit the power of

1cities or water authorities to acquire, sell, exchange, lease,
2transfer, manage or maintain lands required for the
3conservation, development, utilization and disposal of water or
4watersheds: And provided further, That cities or water
5authorities may enter into agreements with the Department of
6Forests and Waters providing for such conservation, development,
7utilization and disposal of water or watersheds.

8Section 363. Section 3838, Article XXXIX heading and section
93901 of the act are repealed:

10[Section 3838. Appropriation for Forest Work.--Cities may
11appropriate moneys to any forest protection association
12cooperating in forest work with the State Department of Forests
13and Waters, or to be expended in direct cooperation with said
14department in forest work.

15ARTICLE XXXIX

16WHARVES AND DOCKS

17Section 3901. Power to Erect and Maintain Wharves;
18Regulation; Charges.--Cities may erect and maintain wharves in
19navigable waters within or adjacent to the city, regulate the
20use thereof, fix and collect wharfage, for all public wharves,
21and docks within their limits in accordance with a regular
22schedule of charges, establish wharf and dock lines, and
23construct and maintain docks, retaining walls, dams and
24embankments. They may regulate the anchoring of all manners of
25vessels within their limits and the depositing of freight on
26public wharves and docks. Cities may, pursuant to ordinance,
27purchase or condemn such land or other property as they may need
28for the purposes of wharves and docks.]

29Section 364. Section 3902 of the act, amended July 1, 1959
30(P.L.501, No.127), is repealed:

1[Section 3902. Erection of Market-Houses and Railway Tracks
2on Wharves; Charges; Licenses.--Cities may erect and maintain
3market-houses and terminal sheds or stations on their wharves,
4for the receipt and distribution of freight, express, and cargo;
5construct railroad and street railway tracks or other facilities
6on said wharves to provide for the convenient handling of such
7freight or express or cargo; and collect rents, tolls, or
8charges for the use of such market-houses, terminal stations,
9tracks, wharves and other facilities. Cities may enter into
10contracts and agreements with any person for the use by such
11person of any tracks, terminal stations, wharves or other
12facilities, for such period and upon such terms as to
13maintenance, upkeep and improvements, as may be mutually agreed
14upon. Such cities shall, at all times, be invested with the
15power and authority to adopt suitable rules and regulations
16concerning the use and occupation of the tracks, terminal
17stations, wharves or other facilities, by such persons and by
18the public. No such contract or agreement shall permanently
19exclude the public of said cities from the use and enjoyment of
20said tracks, terminal stations, wharves or other facilities, nor
21shall any exclusive lease be granted for a term exceeding
22twenty-five years.

23No structure so erected, and no right granted under the
24powers herein conferred, shall interfere with the general public
25use of wharves for water-borne commerce.]

26Section 365. Sections 3903, 3904 and 3905 and Article XL
27heading of the act are repealed:

28[Section 3903. Use of Unnecessary Wharves or Landings for
29Other Municipal Purposes.--Whenever any city, by ordinance,
30declares that any public landing, or public wharf, or part

1thereof, fronting on any navigable water and lying within its
2limits, has become unnecessary for use for public landing or
3public wharf purposes, the city make take, enter upon, and
4occupy for use for any other public purposes whatsoever, the
5public landing, or public wharf, or part thereof, so found
6unnecessary for such purposes, any limitation of use thereof by
7the municipality arising from donation, dedication,
8appropriation, statute, or otherwise, to the contrary
9notwithstanding.

10Section 3904. Appropriation of Wharves and Landings for
11General Purposes.--Cities are vested with the right of eminent
12domain for the purpose of appropriating, for such general public
13uses, all such public landings or public wharves, or parts
14thereof, so found unnecessary for such purposes, together with
15any easements, property and property rights connected therewith.

16Section 3905. Assessment of Damages.--All damages arising
17from the exercise of the power of eminent domain hereunder shall
18be ascertained and awarded in the manner provided by this act
19for property taken, injured or destroyed.

20ARTICLE XL

21CITY PLANNING]

22Section 366. Article XLI heading of the act, amended July
2329, 1971 (P.L.250, No.61), is repealed:

24[ARTICLE XLI

25ZONING, BUILDING, HOUSING, FIRE PREVENTION, PLUMBING

26AND ELECTRICAL ORDINANCES, AND PUBLIC NUISANCES]

27Section 367. Article XLI subdivision (a), (b) and (c)
28headings of the act are repealed:

29[(a) The Zoning Ordinances

30(b) Procedure for Adoption of Zoning Ordinance

1(c) Board of Adjustment]

2Section 368. Article XLI subdivision (d) heading and
3sections 4130, 4131, 4131.1, 4132 and 4133 of the act, amended
4or added December 21, 1998 (P.L.1013, No.135), are repealed:

5[(d) Building, Housing, Property Maintenance,

6Fire Prevention, Plumbing and Electrical Ordinances

7Section 4130. Building Ordinance, Housing Ordinance,
8Property Maintenance Ordinance, Fire Prevention Ordinance,
9Electrical Ordinance and Plumbing Ordinance.--Each city may
10enact a building ordinance, a housing ordinance, a property
11maintenance ordinance, a fire prevention ordinance, an
12electrical ordinance, and a plumbing ordinance, which may
13provide for the following matters:

14(a) A system of specifications and regulations to insure the
15structural safety and the incombustibility of buildings and
16housing constructed, reconstructed, altered, enlarged, repaired
17or maintained within the city.

18(b) A system of specifications and regulations for the
19setting out, construction, alteration, repair, maintenance,
20occupation, sanitation, ventilation, lighting, electric wiring,
21water supply, toilet facilities, drainage, plumbing, use and
22inspection of all buildings and housing or parts of buildings
23and housing, and the walls and foundations thereof, constructed,
24erected, altered, designated, or used, in whole or in part, for
25human habitation, and for the sanitation and inspection of land
26appurtenant thereto.

27Section 4131. Form of Building Ordinance, Housing Ordinance,
28Property Maintenance Ordinance, Fire Prevention Ordinance, and
29Plumbing Ordinance; Passage.--The building ordinance, the
30housing ordinance, the property maintenance ordinance, the fire

1prevention ordinance, the electrical ordinance and the plumbing
2ordinance may adopt any standard or nationally recognized
3building code, any standard or nationally recognized housing
4code, any standard or nationally recognized property maintenance
5code, any standard or nationally recognized fire prevention
6code, any standard or nationally recognized electrical code, or
7any standard or nationally recognized plumbing code, or any
8variations or changes or parts thereof, published and printed in
9book form, covering any or all of the above items, without
10incorporating such code in the ordinance, or any city may enact
11any such building code, housing code, property maintenance code,
12fire prevention code, electrical code, or plumbing code, or any
13changes or variations or parts thereof, as its building
14ordinance, as its housing ordinance, as its property maintenance
15ordinance, as its fire prevention code, as its electrical code
16or as its plumbing code. In either event, the building ordinance
17or code, the housing ordinance or code, the property maintenance
18ordinance or code, the fire prevention ordinance or code, the
19electrical ordinance or code, and the plumbing ordinance or
20code, or any changes or variations or parts thereof, need not be
21advertised after passage, but notice of its consideration, in
22reasonable detail shall be published as required by section one
23thousand fourteen of this act. Not less than three copies of the
24building ordinance, the housing ordinance, the property
25maintenance ordinance, the fire prevention ordinance, the
26electrical ordinance or the plumbing ordinance adopted by
27council shall be made available to public inspection and use
28during business hours for at least three months after its
29adoption. The procedure herein set forth relating to the
30adoption of such building ordinances, housing ordinances,

1property maintenance ordinances, fire prevention ordinances,
2electrical ordinances and plumbing ordinances may likewise be
3adopted in amending, supplementing or repealing any of the
4provisions of such ordinances.

5Section 4131.1. Penalties.--(a) Except as provided for in
6subsection (b), the building ordinance, the housing ordinance,
7the property maintenance ordinance, the fire prevention
8ordinance, the electrical ordinance and the plumbing ordinance
9may provide penalties of fine not exceeding one per month on a
10property and limited to no more than one thousand dollars for
11the first two continual and uncorrected violations of the same
12subsection of such ordinance on the same property and not
13exceeding five thousand dollars for the third and any subsequent
14continual and uncorrected violation of the same subsection of
15such ordinance on the same property.

16(b) If a violation of the building ordinance, the housing
17ordinance, the property maintenance ordinance, the fire
18prevention ordinance, the electrical ordinance or the plumbing
19ordinance is found to pose a threat to the public's health,
20safety or property, then penalties of fine may be provided for
21as follows:

22(i) not exceeding one citation per five calendar days for a
23continual and uncorrected violation of the same subsection of
24such ordinance on the same property;

25(ii) limited to no less than five hundred dollars and no
26more than one thousand dollars for the first two continual and
27uncorrected violations of the same subsection of such ordinance
28on the same property and no less than one thousand dollars and
29not exceeding ten thousand dollars for the third and any
30subsequent continual and uncorrected violation of the same

1subsection of such ordinance on the same property, or
2imprisonment for any term not exceeding ninety days, or both.

3(c) For violations of any ordinance not specified in
4subsection (a) or (b), a penalty may be imposed on any person
5who violated such ordinance which shall include a fine of not
6more than one thousand dollars, or a term of imprisonment of not
7more than ninety days, or both.

8Section 4132. Building Inspectors, Housing Inspectors,
9Property Maintenance Inspectors, Fire Prevention Inspectors,
10Electrical Inspectors, and Plumbing Inspectors.--Council may
11appoint building inspectors, housing inspectors, property
12maintenance inspectors, fire prevention inspectors, electrical
13inspectors and plumbing inspectors and fix their compensation.
14Such inspectors shall have the right to enter upon and inspect
15any and all premises at all reasonable hours for the
16administration and enforcement of the building ordinance, the
17housing ordinance, the property maintenance ordinance, the fire
18prevention ordinance, the electrical ordinance and the plumbing
19ordinance. Any fees payable to them under the building
20ordinance, the housing ordinance, the property maintenance
21ordinance, the fire prevention ordinance, the electrical
22ordinance and the plumbing ordinance shall be paid by them to
23the city treasurer for the use of the city as promptly as may
24be.

25Section 4133. Actions to Restrain Violations.--The city may,
26in addition to the penalties provided by its building ordinance,
27its housing ordinance, its property maintenance ordinance, its
28fire prevention ordinance, its electrical ordinance and its
29plumbing ordinance, bring actions at law or in equity to prevent
30or restrain, correct or abate any violations of its building

1ordinance, its housing ordinance, its property maintenance
2ordinance, its fire prevention ordinance, its electrical
3ordinance and its plumbing ordinance.]

4Section 369. Article XLI subdivision (e) heading and
5sections 4140, 4141, 4142 and 4143 of the act are repealed:

6[(e) Abatement of Public Nuisances

7Section 4140. Petition for Removal of Public Nuisances;
8Viewers; Vacating Public Alleys, Lanes or Passageways, Declared
9Public Nuisances by Board of Health.--The council of any city
10may, by resolution, authorize and empower the mayor of such city
11to present a petition to the court of common pleas, setting
12forth that any property, building, premises, business or
13occupation, specifying the same fully and describing the same
14accurately, located within said city has become a public
15nuisance, injurious or dangerous to the community and to the
16public health. Upon the presentation and hearing of such
17petition, if the nuisance complained of be not a public
18nuisance, per se, then the court may appoint three viewers, from
19the county board of viewers, to go upon the premises where said
20nuisance is alleged to exist--at a time to be fixed in the order
21appointing the same, of which time due notice shall be given to
22all persons affected, which shall be not less than twenty nor
23more than thirty days from the date of the order making such
24appointment--and shall thereupon, being first duly sworn, view
25the property, premises, building, business or occupation, shall
26hear the parties, their witnesses and counsel, and shall make
27due report thereof to the court appointing them. In any case
28where the board of health shall have declared any public alley,
29lane or passageway or a part thereof to be a public nuisance,
30any two or more owners of property adjacent or abutting thereof

1may petition council that such public alley, lane or passageway
2or part thereof be vacated in accordance with the procedure
3provided in this subdivision for the abatement of public
4nuisances; except that the viewers shall not question the
5finding of the board of health, but shall determine whether or
6not the said alley, lane or passageway or part thereof should be
7vacated. Council may, with or without the aforesaid petition,
8proceed for the vacating of any such public alley, lane or
9passageway or part thereof, except that in no case shall any
10such alley, lane or passageway be vacated in such a way or to
11such an extent as to deprive any lot abutting thereon of its
12sole means of ingress and egress; nor shall any alley, lane or
13passageway created by grant or contract and not therefore
14accepted by the public be vacated.

15Section 4141. Power to Viewers.--The viewers, appointed as
16aforesaid, may:

17First. Determine whether or not the property, premises,
18building, business or occupation is a public nuisance, and, if
19they shall find it is such a nuisance, shall so return in their
20award; and

21Second. Find what, if any, compensation shall be paid by the
22said city to the owner or owners of said property, premises,
23building, business or occupation for the abatement of the same,
24and if the findings of the said viewers be in favor of the said
25city and direct the abatement of said nuisance, then judgment
26shall be entered upon their award within thirty days after the
27same is filed, unless the said award be appealed from or
28exceptions thereto be filed within thirty days. No execution or
29other process for the collection of any sum of money awarded to
30any person or persons, corporation or corporations, as

1compensation for the abatement of any such nuisance, shall issue
2until the said nuisance has been fully and completely abated,
3and return thereof made to the court.

4Section 4142. Appeals.--Any of the parties interested in any
5proceedings provided by the preceding two sections may appeal to
6the court of common pleas within thirty days from the date of
7filing an award; such appeal to be in the same form as now
8governs appeals from the awards of viewers appointed pursuant to
9this act to assess damages for property taken, injured or
10destroyed, the party appealing to pay the costs incurred and to
11give bond, with one surety, for the payment of all costs which
12may thereafter be incurred. Upon such appeal being perfected,
13the court shall frame an issue, which issue shall be placed at
14the head of the next trial list then open, and shall be tried by
15the court and jury in the same manner as feigned issues are now
16tried. Upon such trial the jury shall have power to find the
17same facts as are provided may be found by the viewers. If the
18jury shall find in favor of the city and award any compensation
19to the owner or owners of said property, premises, buildings,
20business or occupation, judgment shall be entered upon the
21verdict. No execution or other process for the collection of
22such judgment shall issue until the nuisance complained of shall
23have been fully and completely abated, and return thereof made
24to the court; upon which the court shall have the power to award
25execution or other process necessary to enforce the collection
26of the judgment.

27Section 4143. Abatement of Public Nuisance after Award of
28Viewers.--Whenever the award of viewers, or the verdict of a
29jury, shall find that a public nuisance exists, and the owner or
30owners of any property, premises, building, business or

1occupation causing the same shall fail to abate the same within
2sixty days from the date of the judgment, the authorities of
3said city shall have full power and authority to enter upon said
4property, premises or building where said nuisance exists and
5abate the same, and shall not be liable in any form of action
6for so doing. The cost and expense of abating the same shall be
7deducted from any compensation awarded in said proceedings.]

8Section 370. The act is amended by adding an article to
9read:

10ARTICLE XLI-A

11UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,

12AND RESERVED POWERS

13Section 4101-A. Primacy of certain codes.

14(a) Applicability.--The Pennsylvania Construction Code Act
15and the Uniform Construction Code adopted under section 301 of
16the Pennsylvania Construction Code Act shall apply to the
17construction, alteration, repair and occupancy of all buildings
18and structures within a city.

19(b) Construction.--This article and any ordinance, rule or
20regulation adopted pursuant to this article shall not supersede
21or abrogate the Pennsylvania Construction Code Act or the
22Uniform Construction Code and shall be construed and read in
23pari materia with them.

24Section 4102-A. Changes in Uniform Construction Code.

25A city may propose and enact an ordinance to equal or exceed
26the minimum requirements of the Uniform Construction Code in
27accordance with and subject to the requirements of section 503
28of the Pennsylvania Construction Code Act. Any ordinance
29exceeding the provisions of the Uniform Construction Code shall
30be required to meet the standards provided in section 503(j)(2)

1of the Pennsylvania Construction Code Act.

2Section 4103-A. Public nuisance.

3Any building, housing or property, or part thereof erected,
4altered, extended, reconstructed, removed or maintained,
5contrary to any of the provisions of any ordinance enacted for
6any of the purposes specified in this article may be reported,
7in accordance with Article XXVII-A, to the department designated
8to determine whether a public nuisance exists and, if a public
9nuisance is determined to exist, it may be abated in accordance
10with that article, provided, however, that a violation of the 
11Uniform Construction Code or any ordinance that equals or 
12exceeds the Uniform Construction Code shall be subject to the 
13provisions of the Pennsylvania Construction Code Act and the 
14regulations adopted thereunder by the Department of Labor and 
15Industry relating to enforcement for noncompliance.

16Section 4104-A. Property maintenance code.

17(a) Enactment.--Notwithstanding the primacy of the Uniform
18Construction Code, a city may enact a property maintenance
19ordinance, including any standard or nationally recognized
20property maintenance code or any changes or variations or parts
21thereof, and it may, by reference, in accordance with section
221018.13, incorporate any standard or nationally recognized
23property maintenance code, or any variations or changes or parts
24thereof, published and printed in book form, without setting
25forth the text of the code in the ordinance.

26(b) Public availability.--The full text of the property
27maintenance code need not be published but, in accordance with
28section 1018.9, it shall be sufficient to publish a summary
29setting forth the provisions of the ordinance in reasonable
30detail and a reference to a place within the city where copies

1of the proposed ordinance may be examined. Not fewer than three
2copies of the proposed property maintenance code, or portion
3thereof, or amendment thereto shall be made available to public
4inspection and use during business hours. Copies shall also be
5made available to any interested party in accordance with the
6act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
7Know Law, or may be furnished or loaned without charge.

8(c) Violations.--A property maintenance code ordinance may
9provide for fines and penalties not exceeding $1,000 or
10imprisonment for any term not exceeding 90 days, or both, for
11violations thereof. The procedure set forth under this article
12relating to the enactment of such ordinances may likewise be
13utilized in amending, supplementing or repealing any of the
14provisions of such ordinances.

15(d) Inspectors.--Council may appoint property maintenance
16inspectors who shall have the right to, subject to
17constitutional standards in a similar manner as provided in
18section 2308, enter upon and inspect any and all premises at all
19reasonable hours for the administration and enforcement of the
20city's property maintenance code or ordinance incorporating a
21standard or nationally recognized property maintenance code. Any
22fees payable to a property maintenance inspector under the
23ordinance shall be paid by the property maintenance inspector to
24the city treasurer for the use of the city as promptly as may
25be.

26(e) Additional remedies.--In addition to the penalties
27provided by the property maintenance ordinance, the city may
28institute appropriate actions or proceedings at law or in equity
29to prevent or restrain property maintenance violations.

30(f) Relation to other acts.--The powers of a city as

1provided in this section shall be in addition to, but not
2limited to, the powers provided in the act of November 26, 2008
3(P.L.1672, No.135), known as the Abandoned and Blighted Property
4Conservatorship Act, 53 Pa.C.S. Ch. 61 (relating to neighborhood
5blight reclamation and revitalization) and 68 Pa.C.S. Ch. 21
6(relating to land banks).

7Section 4105-A. Reserved powers.

8If, as a result of legislative action or final order of
9court, for which the time for appeal has expired and no appeal
10has been taken or from which there is no pending appeal, the
11Uniform Construction Code or any replacement code is no longer
12applicable in cities, a city may:

13(1) Enact and enforce ordinances to govern and regulate
14the construction, reconstruction, alteration, extension,
15repair, conversion, maintenance, occupation, sanitation,
16ventilation, heating, egress, lighting, electric wiring,
17water supply, toilet facilities, drainage, plumbing, fire
18prevention, fireproofing including prescribing limitations
19wherein only buildings of noncombustible material and
20fireproofed roofs are used in construction, erection, or
21substantial reconstruction, use and inspection of all
22buildings and housing or parts of buildings and housing, and
23the roofs, walls and foundations thereof, and all facilities
24and services in or about the buildings or housing
25constructed, erected, altered, designed, or used, in whole or
26in part, for any use or occupancy, and the sanitation and
27inspection of land appurtenant thereto. The codes may be
28combined or separately enacted or combined with the property
29maintenance code.

30(2) Require that before any work of construction,

1reconstruction, alteration, extension, repair or conversion
2of any building is begun, approval of the plans and
3specifications be secured.

4(3) Incorporate any standard or nationally recognized
5code, or any variations or changes or parts thereof,
6published and printed in book form, without incorporating the
7text of the code as provided in subdivision (a.1) of Article
8X. The ordinances may provide for fines and penalties not
9exceeding $1,000 or imprisonment for any term not exceeding
1090 days, or both, for violations thereof. The procedure set
11forth under this article relating to the enactment of the
12ordinances may likewise be utilized in amending,
13supplementing or repealing any of the provisions of
14ordinances that incorporate any standard or nationally
15recognized code, or any variations or changes or parts
16thereof.

17(4) Appoint building inspectors, housing inspectors,
18property maintenance inspectors, fire prevention inspectors,
19electrical inspectors and plumbing inspectors and fix their
20compensation. The inspectors shall have the right to, subject
21to constitutional standards in a similar manner as provided
22in section 2308, enter upon and inspect any and all premises
23at all reasonable hours for the administration and
24enforcement of the city's enacted codes or ordinances
25incorporating standard or nationally recognized codes. Any
26fees payable to an inspector under the ordinances shall be
27paid by the inspector to the city treasurer for the use of
28the city as promptly as may be.

29(5) In addition to the penalties provided by ordinances,
30the city may institute appropriate actions or proceedings at

1law or in equity to prevent or restrain the unlawful
2construction, reconstruction, alteration, extension, repair,
3conversion, maintenance or use or occupation of property
4located within the city, to restrain, correct or abate the
5violation and to prevent the use or occupancy of the
6building, housing or structure.

7Section 371. Article XLII heading of the act is reenacted to
8read:

9ARTICLE XLII

10AERONAUTICS

11Section 372. Section 4201 of the act is amended to read:

12Section 4201. Power to Acquire Land for Aeronautical 
13Purposes; Maintenance of Municipal Airports[, Etc.--With the 
14approval of the Pennsylvania Aeronautics Commission, a].--A city 
15may establish and maintain a municipal airport and may acquire, 
16by lease, purchase or condemnation proceedings, subject to the 
17limitations in 26 Pa.C.S. § 206 (relating to extraterritorial 
18takings), any land lying either within or without the 
19territorial limits of the city, and within or without the 
20territorial limits of the county in which [such] the city is 
21located, which, in the judgment of council, may be necessary and 
22desirable for the purpose of establishing and maintaining 
23municipal airports, landing fields, aviation easements or 
24intermediate landing fields and other air navigation facilities.

25Section 373. Section 4202 of the act is repealed:

26[Section 4202. Proceedings for Condemnation.--The 
27proceedings for the condemnation of lands under the provisions 
28of this article, and for the assessment of damages for property 
29taken, injured or destroyed, shall be conducted in the manner 
30provided by this act in the case of property taken, injured or 

1destroyed. The title acquired by the city exercising the power 
2to condemnation shall be a title in fee-simple.]

3Section 374. Sections 4203, 4204 and 4205 of the act are
4amended to read:

5Section 4203. Leasing of Land Acquired for Aeronautical 
6Purposes.--Any city acquiring land for any aeronautical purposes 
7may lease the same, or part thereof to any individual or 
8corporation desiring to use the same for [the purpose of taking 
9off or landing an aeroplane, or for other aeronautical purposes, 
10on such terms and subject to such conditions and regulations as 
11may be provided. Any such city may enter into a contract, in the 
12form of a lease, providing for the use of said land, or any part 
13thereof, by the Government of the United States for air mail 
14delivery, or other aeronautical purposes, upon nominal rental or 
15without consideration] aeronautical purposes.

16Section 4204. Operation of Facilities Jointly.--Any city may 
17operate and maintain municipal airports, landing fields or 
18intermediate landing fields and other air navigation facilities 
19jointly in accordance with [any other political subdivision or 
20with the Pennsylvania Aeronautics Commission, upon such terms 
21and conditions as may be agreed upon between the council and the 
22corporate authorities of the other contracting party or parties] 
2353 Pa.C.S. Ch.23 Subch. A (relating to intergovernmental 
24cooperation).

25Section 4205. Appropriation for Support of Air Navigation 
26Facilities.--A city which does not own, lease, or operate 
27municipal airports, landing fields or intermediate landing 
28fields or other air navigation facilities[,] may appropriate 
29money for the support and maintenance of any such facilities, 
30situate either within or without the boundaries of the city, or 

1of the county or counties in which [such] the city is located.

2Section 375. Article XLIII and subdivision (a) headings of
3the act are reenacted to read:

4ARTICLE XLIII

5PENSIONS

6(a) Police

7Section 376. Section 4301 of the act, amended December 12,
81994 (P.L.1033, No.140), is amended to read:

9Section 4301. Police Pension Fund[; Direction of].--(a)
10Cities shall establish, by ordinance, a police pension fund[, to 
11be].

12(b) The following shall apply to a police pension fund
13established pursuant to this section:

14(1) The fund shall be maintained by an equal and 
15proportionate monthly charge against each member of the police 
16force, which shall not exceed annually four per centum of the 
17pay of [such] the member and an additional amount not to exceed 
18one per centum of the pay of [such] the member to be paid by 
19[such] the member or the municipal corporation to provide 
20sufficient funds for payments required by subsection [(d) of 
21section 4303] (f) of section 4303 to surviving spouses even if 
22they remarry, or if no spouse survives or if such person 
23survives and subsequently dies, then to the child or children 
24under the age of eighteen years, of members of the police force 
25or of members retired on pension or who die in service[; which].

26(2) The fund shall at all times be under the direction and 
27control of council but may be committed to the custody and 
28management of such officers of the city or [citizens thereof, or 
29corporations located therein] to such other persons or entities, 
30as may be designated by council[, and] by ordinance.

1(3) The fund shall be applied, under such regulations as 
2council may, by ordinance, prescribe, for the benefit of such 
3members of the police force as shall receive honorable discharge 
4therefrom by reason of age or disability, surviving spouses even 
5if they remarry, or if no spouse survives or if such person 
6survives and subsequently dies, then to the child or children 
7under the age of eighteen years, of members of the police force 
8or of members retired on pension[; but such allowances as shall 
9be].

10(4) Allowances made to those who are retired by reason of 
11the disabilities of age shall be in conformity with a uniform 
12scale, together with service increments as hereinafter provided.

13(5) Any compensation paid to a corporate custodian of the 
14police pension fund shall be paid from the general fund of the 
15city.

16Section 377. Section 4302 of the act, amended November 25,
171970 (P.L.754, No.246), is amended to read:

18Section 4302. Retirement; Final Discharge.--[Such ordinance 
19shall prescribe a] (a) With regard to continuous service and 
20minimum retirement age requirements, the ordinance establishing 
21the police pension fund shall prescribe as follows:

22(1) A minimum period of continuous service[,] of not less 
23than twenty years[, and, when].

24(2) If any minimum retirement age is prescribed, a minimum 
25age of fifty years[, after which members of the force may retire 
26from active duty, and such members as are retired].

27(b) Retired members, if not unfit by reason of age, 
28disability or otherwise, shall be subject to service[, from time 
29to time,] as a police reserve [until unfitted for such service, 
30when they may be finally retired by reason of age or disability] 

1under terms and conditions as may be established by council.

2(c) With the approval of council, any member of the police 
3pension fund who is a contributor and who served in the armed 
4forces of the United States subsequent to September 1, 1940, and 
5who was not a member of the police pension fund prior to such 
6military service, shall be entitled to have full credit for each 
7year or fraction thereof, not to exceed five years of such 
8service upon [his] the member's payment to the police pension 
9fund of an amount equal to that which [he] the member would have 
10paid had [he] the member been a member during the period for 
11which [he desires] credit is desired, and [his] the member's 
12payment to [such] the fund of an additional amount as the 
13equivalent of the contributions of the city on account of such 
14military service.

15Section 378. Section 4302.1 of the act, added December 17,
161990 (P.L.715, No.178), is amended to read:

17Section 4302.1. Limited Vested Benefit.--(a) The ordinance 
18establishing a police pension fund may provide for a limited 
19vested benefit if such would conform to section 305 of the act 
20of December 18, 1984 (P.L.1005, No.205), known as the "Municipal 
21Pension Plan Funding Standard and Recovery Act."

22(b) Under [the provisions of the benefit, should] a limited 
23vested benefit, a member of the police pension fund, [before 
24completing] who has not completed the minimum [age and minimum] 
25period of continuous service [requirements but after having] 
26requirement and satisfied any applicable minimum age 
27requirement, but who has completed twelve years of full-time 
28service, [the member] shall be entitled to vest [his or her] the 
29member's retirement benefits subject to each of the following 
30conditions:

1(1) [the] The member must file with the management board of
2the police pension fund a written notice of [his or her] the 
3member's intention to vest[;].

4(2) [the] The member must include in the notice, the date
5the member intends to terminate [his or her] the member's
6service as a full-time police officer[;].

7(3) [the] The termination date shall be at least thirty days
8later than the date of notice to vest[;].

9(4) [the] The member must be in good standing with the
10police department on the date of notice to vest[; and].

11(5) [the] The board shall indicate on the notice to vest the
12rate of the monthly pay of the member as of the date of [said] 
13the notice to vest or the highest average annual salary which
14the member received during any five years of service preceding
15said date, whichever is the higher.

16[(b)] (c) Upon reaching the date which would have been the
17member's retirement date had the member continued [his or her] 
18the member's full-time employment with the police department,
19the member shall notify the board, in writing, that the member
20desires to collect [his or her] the member's pension. The amount
21of retirement benefits the member is entitled to receive under
22this section shall be computed as follows:

23(1) [the] The initial determination of the member's base
24retirement benefits shall be computed on the salary indicated on
25the notice to vest[; and].

26(2) [the] The portion of the base retirement benefits due
27the member shall be determined by applying to the base amount
28the percentage that [his or her] the member's years of service
29actually rendered bears to the years of service which would have
30been rendered had the member continued to be employed by the

1department until [his or her] the member's minimum retirement
2date.

3Section 379. Section 4303 of the act, amended or added
4January 18, 1952 (1951 P.L.2105, No.596), October 22, 1955
5(P.L.723, No.207), November 25, 1970 (P.L.754, No.246), October
64, 1978 (P.L.950, No.188), December 17, 1990 (P.L.715, No.178),
7December 12, 1994 (P.L.1033, No.140) and June 19, 2002 (P.L.442,
8No.65), is amended to read:

9Section 4303. Allowances and Service Increments.--(a)
10Payments for allowances shall [not] only be a charge on the 
11police pension fund and shall not be a charge on any other fund 
12under the control, or in the treasury, of the city [or under its 
13control save the police pension fund herein provided for].

14(b) The basis of the apportionment of the pension shall be 
15determined by the rate of the monthly pay of the member at the 
16date of injury, death, honorable discharge, vesting under 
17section 4302.1 or retirement, or the highest average annual 
18salary which the member received during any five years of 
19service preceding injury, death, honorable discharge, vesting 
20under section 4302.1 or retirement, whichever is the higher, and 
21except as to service increments provided for in subsection [(b) 
22of this section] (d), shall not in any case exceed in any year 
23one-half the annual pay of [such] the member computed at [such] 
24the monthly or average annual rate, whichever is the higher.

25[(a.1)] (c) The provisions of subsection [(a)] (b) providing
26that the apportionment of the pension shall not in any case
27exceed in any year one-half the annual pay of [such] the member
28computed at [such] the monthly or average annual rate, whichever
29is the higher, shall not apply to a city of the third class
30whether operating under an optional charter adopted in

1accordance with the act of July 15, 1957 (P.L.901, No.399),
2known as the "Optional Third Class City Charter Law," or under a
3home rule charter adopted in accordance with 53 Pa.C.S. Pt. III 
4Subpt. E (relating to home rule and optional plan government),
5which had in effect pension plans prior to the effective date of
6this subsection that provided pensions in an amount greater than
7fifty per centum of salary.

8[(b)] (d) In addition to the retirement allowance which is
9authorized to be paid from the police pension fund by this act,
10and notwithstanding the limitations therein placed upon such
11retirement allowances and upon contributions, every contributor
12who shall become entitled to the retirement allowance shall also
13be entitled to the payment of a "service increment" in
14accordance with and subject to the conditions hereinafter set
15forth.

16(1) Service increment shall be the sum obtained by computing
17the number of whole years after having served the minimum
18required by this act during which a contributor has been
19employed by [such] the city and paid out of the city treasury,
20including credit for military service as provided in section
214302, and multiplying the said number of years so computed by an
22amount equal to one-fortieth of the retirement allowance which
23has become payable to [such] the contributor in accordance with
24the provisions of this act. In computing the service increment,
25no employment after the contributor has reached the age of
26sixty-five years shall be included, and no service increment
27shall be paid in excess of one hundred dollars ($100.00) per
28month.

29(2) Each contributor, from and after [the effective date of
30this amendment] January 1, 1952, shall pay into the retirement

1fund a monthly sum in addition to [his or her] the contributor's
2retirement contribution, which shall be equal to one-half of one
3per centum of [his or her] the contributor's salary[: Provided,
4That such], provided, however, that the payment shall not exceed
5the sum of one dollar ($1.00) per month[: And provided, That
6such], and further provided that the service increment
7contribution shall not be paid after a contributor has reached
8the age of sixty-five years.

9(3) Persons who are contributors on [the effective date of
10this amendment] January 1, 1952, who have already reached the
11age of sixty-five years shall have [his or her] the 
12contributor's service increment computed on the years of
13employment prior to the date of reaching [his or her] the 
14contributor's sixty-fifth birthday.

15(4) Service increment contributions shall be paid at the
16same time and in the same manner as retirement contributions,
17and may be withdrawn in full, without interest, by persons who
18leave the employment of [such] the city, subject to the same
19conditions by which retirement contributions may be withdrawn,
20or by persons who retire before becoming entitled to any service
21increment.

22(5) All members of the police force who are now contributors
23to the retirement fund and all those employed by the city after
24[the effective date of this amendment] January 1, 1952, if
25required to become contributors to the retirement fund, shall be
26subject to the provisions of this act.

27(6) After [the effective date of this clause] June 19, 2002,
28a city may agree to make service increment payments in excess of
29one hundred dollars ($100) per month as long as [such] the
30payments do not exceed five hundred dollars ($500) per month,

1and, in computing such service increments, no employment after
2the contributor has reached the age of sixty-five years shall be
3included[: Provided, That], provided that any agreement to
4provide an increase in service increment payments shall include
5a proportionate increase in the amount each contributor shall
6pay into the retirement fund under clause (2), not to exceed
7five dollars ($5) per month.

8[(c)] (e) The spouse of a member of the police force or a
9member who retires on pension who dies or if no spouse survives
10or if such person survives and subsequently dies or remarries,
11then the child or children under the age of eighteen years of a
12member of the police force or a member who retires on pension
13who dies on or after [the effective date of this amendment]
14August 1, 1963, shall, during the lifetime of the surviving
15spouse, even if the surviving spouse remarries, or until
16reaching the age of eighteen years in the case of a child or
17children, be entitled to receive a pension calculated at the
18rate of fifty per centum of the pension the member was receiving
19or would have been receiving had [he] the member been retired at
20the time of [his] the member's death and may receive the pension
21the member was receiving or would have been receiving had [he]
22the member been retired at the time of [his] the member's death.

23[(d)] (f) Any police officer who has less than ten years of
24service and who dies or is totally disabled due to injuries or
25mental incapacities not in line of duty and is unable to perform
26the duties of a police officer, may be entitled to a pension of
27twenty-five per centum of [his] the police officer's annual
28compensation. For death or injuries received after ten years of
29service the compensation may be fifty per centum of [his] the 
30police officer's annual compensation.

1(g) The disability pension may be payable to the police
2officer during [his] the police officer's lifetime and if [he
3shall die] the police officer dies, the pension payment that
4[he] the police officer was receiving may be continued to be
5paid to [his] the police officer's spouse if [such person] the 
6spouse survives or if [such person] the spouse subsequently dies
7or remarries, then the child or children under the age of
8eighteen years of the police officer.

9Section 380. Section 4303.1 of the act, amended June 30,
101969 (P.L.98, No.36), is amended to read:

11Section 4303.1. Increase of Allowances After Retirement.--
12(a) Any city may, at any time, at its discretion, upon the 
13recommendation of the persons having custody and management of 
14the police pension fund, increase the allowances of persons 
15receiving allowances of any kind from the police pension fund by 
16reason of and after the termination of the services of any 
17member of said fund. [Such increases]

18(b) Increases made pursuant to this section shall be in 
19conformity with a uniform scale, which may be based on the cost 
20of living, but the total of any such allowances shall not at any 
21time exceed one-half of the current salary being paid 
22[patrolmen] patrol persons of the highest pay grade.

23Section 381. Section 4303.2 of the act, added October 3,
241988 (P.L.735, No.104), is amended to read:

25Section 4303.2. Total Disability.--(a) Notwithstanding any
26provision of this act, any police officer who becomes totally
27disabled due to injuries sustained in the line of duty shall be
28deemed to be fully vested in the police pension fund, regardless
29of the actual number of years of credited service, and shall be
30eligible for immediate retirement benefits.

1(b) Claims under this section shall be decided by the
2governing body of the city. Proof of disability shall be by
3competent medical evidence provided by the claimant. The
4governing body of the city may at any time have the claimant
5examined by its own physician.

6(c) Claims under this section may be brought as the
7regulations of the city council prescribe. Hearings and appeals
8shall be as provided in [Title 2 of the Pennsylvania
9Consolidated Statutes] 2 Pa.C.S. (relating to administrative law
10and procedure).

11(d) The pension fund shall be subrogated to the right of the
12claimant to the extent of any payments made under the act of
13June 2, 1915 (P.L.736, No.338), known as ["The Pennsylvania
14Workmen's Compensation Act,"] the "Workers' Compensation Act,"
15or the act of June 28, 1935 (P.L.477, No.193), referred to as
16the Enforcement Officer Disability Benefits Law.

17(e) Definition.--As used in this section, "total disability"
18shall mean permanent mental or physical impairment which renders
19the police officer unable to perform [his] the officer's duties.

20Section 382. Section 4304 of the act is amended to read:

21Section 4304. Inalienable Rights in Fund.--Whenever any 
22person shall become entitled to receive an allowance from the 
23police pension fund, and shall have been admitted to participate 
24therein, [he] the person shall not be deprived of [his] the 
25person's right to an equal and proportionate participation 
26therein [upon] on the basis upon which [he] the person first 
27became entitled thereto.

28Section 383. Section 4305 of the act, amended October 4,
291978 (P.L.950, No.188), is amended to read:

30Section 4305. Payments to Police Pension [Funds by City.--

1There] Fund by City.--Unless otherwise required by the act of 
2December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal 
3Pension Plan Funding Standard and Recovery Act," or by any other 
4provision of law, this section shall govern the payment to the 
5police pension fund of moneys raised by taxes levied by the 
6city:

7(1) A city shall [be paid] pay annually to the [organization 
8or association, constituting and having in charge the 
9distribution of police pension funds in every city] police 
10pension fund, a sum of money sufficient to meet the requirements 
11of and to maintain [such police pension] the fund which sum in 
12no year shall be less than one-half of one per centum nor more 
13than three per centum of all city taxes levied by the city, 
14other than taxes levied to pay interest on or extinguish the 
15debt of the city [or any part thereof].

16(2) Council may exceed the limitations imposed by this 
17section if an additional amount is deemed necessary to provide 
18sufficient funds for payments to surviving spouses of members 
19retired on pension or killed or who die in the service[: 
20Provided, however, That], provided, however, that the city may 
21annually pay into [said] the fund not less than one-half of one 
22per centum of all city taxes levied by the city, other than 
23taxes levied to pay interest on or extinguish the debt of the 
24city [or any part thereof].

25Section 384. Sections 4306 and 4307 of the act are amended
26to read:

27Section 4306. [Designation of Organization to Manage Pension 
28Fund.--The organization, having in charge the distribution of 
29police pension funds, herein mentioned, shall consist only of 
30such as is by ordinance designated as the official and 

1authorized organization or association to hold, receive, and 
2distribute the funds of moneys for the purpose of pensioning the 
3police officers of the city.] Management of Police Pension 
4Fund.--Only the persons designated, in accordance with section 
54301(b)(2), shall be authorized to make decisions to hold, 
6receive and distribute the moneys of the police pension fund.

7Section 4307. Trusts for Benefit of Police Pension Fund.--
8Any city may take, by gift, grant, devise or bequest, any money 
9or property, real, personal or mixed, in trust for the benefit 
10of [such] the pension fund, and the care, management, investment 
11and disposal of [such] the trust funds or property shall be 
12vested in such officer or officers of the city, for the time 
13being, as the council may designate, and [such] the care, 
14management and disposal shall likewise be directed by ordinance 
15and the [said] trust funds shall be governed thereby, subject to 
16such directions, not inconsistent therewith, as the donors of 
17[such] the funds and property may prescribe.

18Section 385. Section 4308 of the act, amended October 4,
191978 (P.L.950, No.188), is amended to read:

20Section 4308. Repayment Before Retirement.--[If for any 
21cause any] (a) If a contributing member of the police [force 
22contributing to the] pension fund shall cease to be a member of 
23the police force before [he becomes] becoming entitled to a 
24pension, the total amount of the contributions paid into the 
25pension fund by [such] the member shall be refunded to [him] the 
26member in full, without interest.

27(b) If [any such] a member shall have returned to [him] the 
28member the amount contributed, and shall afterward again become 
29a member of the police force, [he] the member shall not be 
30entitled to the pension designated until twenty years after

1[his] the member's reemployment, unless [he shall return] the 
2member returns to the pension fund the amount withdrawn, in 
3which event the period of twenty years shall be computed from 
4the time the member first became a member of the police force, 
5excluding therefrom any period of time during which the member 
6was not employed by the police force.

7(c) In the event of the death of a member of the police 
8force not in the line of service before the member becomes 
9entitled to [the pension aforesaid and such] a pension and if 
10the member is not survived by a spouse or family entitled to 
11payments as [hereinbefore] provided in this subdivision, the 
12total amount of contributions paid into the pension fund by the 
13member shall be paid over to [his] the member's estate.

14Section 386. Section 4309 of the act, added December 17,
151990 (P.L.715, No.178), is amended to read:

16Section 4309. Definitions.--As used in this subdivision, the
17term "salary" is defined as the fixed amount of compensation
18paid at regular, periodic intervals by the city to the member
19and from which pension contributions have been deducted.

20Section 387. Article XLIII subdivision (b) heading of the
21act is amended to read:

22(b) [Firemen] Firefighters

23Section 388. Section 4320 of the act, amended October 4,
241978 (P.L.950, No.188), is amended to read:

25Section 4320. [Firemen's] Firefighters' Pension Fund; 
26Management; Annuity Contracts.--(a) Except as hereinafter 
27provided, cities shall provide annuity contracts or establish, 
28by ordinance, a [firemen's] firefighters' pension fund[, to].

29(b) The annuity contracts or pension fund shall be 
30maintained in part by an equal and proportionate monthly charge 

1against each member of the fire department, which shall not 
2exceed annually four per centum of the pay of such member, and 
3an additional amount not to exceed one per centum if deemed 
4necessary by the council to provide sufficient funds for 
5payments to surviving spouses of members retired on pension or 
6killed or who die in the service.

7(c) In any case [where] in which there is an existing 
8organization or association for the benefit of fully paid 
9[firemen] firefighters, constituting and having in charge the 
10distribution of [firemen's] firefighters' pension funds, no 
11annuity contract shall be provided, nor shall any [firemen's] 
12firefighters' pension funds be established under the provisions 
13of this section unless and until the members of such 
14organization or association, by a two-thirds vote, elect to 
15transfer said existing fund into the pension fund required to be 
16established by this section.

17(d) All pension funds established under the provisions of 
18this section shall be under the direction and control of a board 
19of managers [consisting of the mayor], which shall consist of 
20the following:

21(1) Ex officio members as follows:

22(i) the mayor;

23(ii) the director of accounts and finance[,];

24(iii) the director of the department having charge of the 
25fire department, or in cities where the mayor is also the 
26director of the department having charge[,] of the fire 
27department, then the director of public safety[,];

28(iv) the city controller; and

29(v) the chief of the bureau of fire[, ex officio, and two].

30(2) Two members of the fire department to be chosen by the 

1members of the fire department.

2(e) If a city does not establish a department whose director
3is named as an ex officio member of the board of managers, then
4the director of another department or such officers of the city
5as may be designated by council shall be substituted on the
6board of managers.

7(f) Of the first [managers] members so chosen by the members 
8of the fire department to the board of managers, one shall be 
9chosen for a term of two years and one for a term of four years. 
10Biennially thereafter one [manager] fire department member shall 
11be chosen for a term of four years to take the place of the one 
12whose term expires. In case of vacancy among the managers chosen 
13by the fire department, a successor shall be chosen for the 
14unexpired term.

15(g) The fund shall be applied, under [such] regulations [as] 
16prescribed by the board of managers [shall prescribe], for the 
17benefit of such members of the fire department [as shall] who 
18receive honorable discharge therefrom by reason of service or 
19age or disability, surviving spouses of retired members and the 
20families of [such as may be] members who are killed or who die 
21in the service. All [such] pensions [as shall be allowed] to 
22those who are retired by reason of [the disabilities or of] 
23disability or service or age shall be in conformity with a 
24uniform scale, together with service increments as hereinafter 
25provided. Benefits [allowed] from [such] the fund to families of 
26[such as] members who are killed or who die in service shall 
27take into consideration the member's surviving spouse and [his] 
28the member's minor children under eighteen years of age, if any 
29survive.

30Section 389. Section 4320.1 of the act, added June 16, 1993

1(P.L.97, No.21), is amended to read:

2Section 4320.1. Limited Vested Benefit for Firefighters.--
3(a) The ordinance establishing a firefighters' pension fund may 
4provide for a limited vested benefit if [such] it would conform 
5to section 305 of the act of December 18, 1984 (P.L.1005, 
6No.205), known as the "Municipal Pension Plan Funding Standard 
7and Recovery Act."

8(a.1) Under [the provisions of the] a limited vested 
9benefit, [should] if a member of the firefighters' pension fund 
10[before completing the minimum age and] has not completed the 
11minimum period of continuous service [requirements but after 
12having] and any applicable minimum age requirement but has 
13completed twelve years of full-time service, and if, for any 
14reason, shall cease to be employed as a full-time firefighter, 
15the member shall be entitled to vest [his or her] the member's 
16retirement benefits subject to the following conditions:

17(1) [the] The member must file with the management board of
18the firefighters' pension fund a written notice of [his or her] 
19the member's intention to vest[;].

20(2) [the] The member must include in the notice the date the
21member intends to terminate [his or her] service as a full-time
22firefighter[;].

23(3) [the] The termination date shall be at least thirty days
24later than the date of notice to vest[;].

25(4) [the] The member must be in good standing with the fire
26department on the date of notice to vest[; and].

27(5) [the] The board shall indicate on the notice to vest the
28rate of the monthly pay of the member as of the date of the
29notice to vest or the highest average annual salary which the
30member received during any five years of service preceding the

1date, whichever is the higher.

2(b) Upon reaching the date which would have been the
3member's retirement date had the member continued [his or her]
4full-time employment with the fire department, the member shall
5notify the board in writing that the member desires to collect
6[his or her] the member's pension. The amount of retirement
7benefits the member is entitled to receive under this section
8shall be computed as follows:

9(1) [the] The initial determination of the member's base
10retirement benefits shall be computed on the salary indicated on
11the notice to vest[; and].

12(2) [the] The portion of the base retirement benefits due
13the member shall be determined by applying to the base amount
14the percentage that [his or her] the member's years of service
15actually rendered bears to the years of service which would have
16been rendered had the member continued to be employed by the
17department until [his or her] the member's minimum retirement
18date.

19Section 390. Section 4321 of the act, amended July 1, 1992
20(P.L.347, No.74), is amended to read:

21Section 4321. Retirement; Final Discharge.--[Such 
22regulations shall prescribe a] (a) With regard to continuous 
23service and minimum age requirements, the ordinance establishing 
24or regulations governing the firefighters' pension fund shall 
25prescribe as follows:

26(1) A minimum period of continuous service[,] of not less 
27than twenty years [and, when].

28(2) If any minimum age is prescribed, a minimum age of fifty 
29years[, after which members of the department may retire on 
30pension from active duty, and such members as are retired].

1(b) Retired members, if not unfit by reason of age, 
2disability or otherwise shall be subject to service, from time 
3to time, as a [firemen's] firefighters' reserve in cases of 
4emergency [until unfitted for such service, when they may be 
5finally discharged by reason of age or disability], under terms 
6and conditions as my be established by council.

7(c) With the approval of council, all members of the 
8[firemen's] firefighters' pension fund who are contributors and 
9who served in the armed forces of the United States subsequent 
10to September 1, 1940, and who were not members of the 
11[firemen's] firefighters' pension fund prior to such military 
12service, shall be entitled to have full credit for each year or 
13fraction thereof, not to exceed five years of such service upon 
14their payment to the [firemen's] firefighters' pension fund of 
15an amount equal to that which they would have paid had they been 
16members during the period for which they desire credit, and 
17their payment to such fund of an additional amount as the 
18equivalent of the contributions of the city plus any interest 
19the city would have been required to pay on the contributions on 
20account of such military service. Upon the death of a member who 
21retires on pension or is killed in the service on or after 
22January 1, 1960, or who dies in the service on or after January 
231, 1968, payments as hereinafter provided shall be made to the 
24member's surviving spouse during the life of the spouse.

25Section 391. Section 4322 of the act, amended or added
26October 4, 1978 (P.L.950, No.188), June 16, 1993 (P.L.97, No.21)
27and June 19, 2002 (P.L.442, No.65), is amended to read:

28Section 4322. Pensions and Service Increments.--(a) The 
29following apply:

30(1) Payments of pensions shall [not] only be a charge on

1[any fund in the] the firefighters' pension fund and shall not 
2be a charge on any other fund under the control, or in the
3treasury, of the city [or under its control save the firemen's
4pension fund herein provided for].

5(2) The basis of the pension of a member shall be determined
6by the monthly salary of the member at the date of vesting under
7section 4320.1 or retirement, or the highest average annual
8salary which [he] the member received during any five years of
9service preceding retirement, whichever is the higher, whether
10for disability, or by reason of age or service, and except as to
11service increments provided for in subsection (b) of this
12section, shall be one-half the annual salary of [such] the
13member at the time of vesting under section 4320.1 or retirement
14computed at [such] the monthly or average annual rate, whichever
15is the higher.

16(3) In the case of the payment of pensions to members for
17permanent injury incurred in service, and to families of members
18killed or who die in service, the amount and commencement of the
19payment of pensions shall be fixed by regulations of the board.
20[Such] These regulations shall not take into consideration the
21amount and duration of [workmen's] workers' compensation allowed
22by law. Payments to surviving spouses of members retired on
23pension or killed in the service on or after January 1, 1960, or
24who die in the service on or after January 1, 1968, shall be the
25amount payable to the member or which would have been payable
26had [he] the member been retired at the time of [his] the
27member's death.

28(a.1) The provisions of subsection (a) providing that the
29basis of the pension shall be one-half the annual salary of
30[such] the member at the time of vesting under section 4320.1 or

1retirement computed at [such] the monthly or average annual
2rate, whichever is the higher, shall not apply to a city of the
3third class whether operating under an optional charter adopted
4in accordance with the act of July 15, 1957 (P.L.901, No.399),
5known as the "Optional Third Class City Charter Law," or under a
6home rule charter adopted in accordance with 53 Pa.C.S. Pt. III 
7Subpt. E (relating to home rule and optional plan government),
8which had in effect pension plans prior to the effective date of
9this subsection that provided pensions in an amount greater than
10fifty per centum of salary.

11(b) In addition to the pension which is authorized to be
12paid from the [firemen's] firefighters' pension fund by this act
13and notwithstanding the limitations therein placed upon such
14pensions and upon contributions, every contributor who shall
15become entitled to the pension shall also be entitled to the
16payment of a "service increment" in accordance with and subject
17to the conditions hereinafter set forth.

18(1) Service increment shall be the sum obtained by computing
19the number of whole years after having served the minimum
20required by this act during which a contributor has been
21employed by [such] the city and paid out of the city treasury,
22including credit for military service as provided in section
234321, and multiplying the said number of years so computed by an
24amount equal to one-fortieth of the retirement allowance which
25has become payable to such contributor in accordance with the
26provisions of this act. In computing the service increment, no
27employment after the contributor has reached the age of sixty-
28five years shall be included, and no service increment shall be
29paid in excess of one hundred dollars ($100) per month.

30(2) Each contributor, from and after [the effective date of

1this amendment] September 18, 1968, shall pay into the pension
2fund a monthly sum in addition to [his] the contributor's 
3pension contribution, which shall not exceed the sum of one
4dollar ($1) per month[: And provided, That such], provided that 
5the service increment contribution shall not be paid after a
6contributor has reached the age of sixty-five years.

7(3) Any person who is a member of the department on [the
8effective date of this amendment] September 18, 1968, who has
9already reached the age of sixty-five years shall have [his] the 
10person's service increment computed on the years of employment
11prior to the date of reaching [his] the person's sixty-fifth
12birthday.

13(4) Service increment contributions shall be paid at the
14same time and in the same manner as pensions, and may be
15withdrawn in full, without interest, by persons who leave the
16employment of [such] the city, subject to the same conditions by
17which retirement contributions may be withdrawn, or by persons
18who retire before becoming entitled to any service increment.

19(5) All members of the fire department who are now
20contributors to the pension fund and all those employed by the
21city after [the effective date of this amendment] September 18, 
221968, if required to become contributors to the pension fund,
23shall be subject to the provisions of this act.

24(6) After the effective date of this clause, a city may
25agree to make service increment payments in excess of one
26hundred dollars ($100) per month as long as such payments do not
27exceed five hundred dollars ($500) per month, and, in computing
28such service increments, no employment after the contributor has
29reached the age of sixty-five years shall be included[:
30Provided, That], provided that any agreement to provide an

1increase in service increment payments shall include a
2proportionate increase in the amount each contributor shall pay
3into the retirement fund under clause (2), not to exceed five
4dollars ($5) per month.

5Section 392. Section 4322.1 of the act, amended June 30,
61969 (P.L.98, No.36), is amended to read:

7Section 4322.1. Increase of Allowances After Retirement.--
8(a) Any city may, at any time, at its discretion, upon the
9recommendation of the persons having custody and management of
10the [firemen's] firefighters' pension fund, increase the
11allowances of persons receiving allowances of any kind from the
12fund by reason of and after the termination of the services of
13any member of the fund.

14[Such increases] (b) Increases made pursuant to this section 
15shall be in conformity with a uniform scale, which may be based
16on the cost of living, but the total of any such allowances
17shall not at any time exceed one-half of the current salary
18being paid [firemen] firefighters of the highest pay grade.

19Section 393. Section 4323 of the act, amended August 14,
201959 (P.L.709, No.246), is amended to read:

21Section 4323. Causes for Forfeiture of Rights in Fund; Other
22Employments.--(a) Whenever any person shall become entitled to
23receive a pension from the [firemen's] firefighters' pension
24fund, and shall have been admitted to participate therein, [he]
25the person shall not thereafter be deprived of [his] the 
26person's right to participation therein [upon] on the basis upon
27which [he] the person first became entitled thereto, [except for 
28one or more of the following causes, that is to say:

29Conviction of a felony or misdemeanor, becoming an habitual 
30drunkard, or failing to comply with some general regulation 

1relating to the management of said fund which may be made by the
2managers, and which may provide that a failure to comply
3therewith shall terminate the right to participate in the
4pension fund.] unless otherwise required by the act of July 8, 
51978 (P.L.752, No.140), known as the "Public Employee Pension 
6Forfeiture Act."

7(b) Any termination of a pension shall be only after [such]
8due notice and hearing as shall be prescribed by regulation of
9the managers.

10Section 394. Section 4324 of the act, amended October 4,
111978 (P.L.950, No.188), is amended to read:

12Section 4324. Payments to [Firemen's] Firefighters' Pension
13[Funds] Fund by City.--[There] Unless otherwise required by the 
14act of December 18, 1984 (P.L.1005, No.205), known as the 
15"Municipal Pension Plan Funding Standard and Recovery Act," or 
16by any other provision of law, this section shall govern the 
17payment to the firefighters' pension fund of money raised by 
18taxes levied by the city:

19(1) A city shall [be paid] pay to the [firemen's]
20firefighters' pension [funds by every city] fund annually [the]
21a sum of money not less than one-half of one per centum nor more
22than three per centum of all city taxes levied by the city,
23other than taxes levied to pay interest on or extinguish the
24debt of the city [or any part thereof].

25(2) Council may exceed the limitations imposed by this
26section if an additional amount is deemed necessary to provide
27sufficient funds for payments to surviving spouses of members
28retired on pension or killed or who die in the service[:
29Provided, however, That], provided, however, that the city shall
30annually pay into said fund not less than one-half of one per

1centum of all city taxes levied by the city, other than taxes
2levied to pay interest on or extinguish the debt of the city [or
3any part thereof].

4Section 395. Sections 4325 and 4326 of the act are amended
5to read:

6Section 4325. [Transfer of Funds] Transfers from Other
7Pension Funds.--(a) In any city wherein the members of the fire
8department are members of a pension fund not established solely
9for the purpose of pensioning members of the fire department,
10there shall be transferred from such other pension fund into the
11[firemen's] firefighters' pension fund required to be
12established by this act, the moneys contributed thereto by
13members of the fire department who have not been retired, and a
14just and equitable proportion of the moneys contributed by the
15city to such other pension fund for the future retirement of
16members of the fire department. [Such] The transfers may be made
17by the transfer of securities. The amounts to be transferred
18shall be amicably adjusted by the managers of the [firemen's]
19firefighters' pension fund and the pension board having the
20charge of such other pension fund. In case of disagreement as to
21the amount [so] to be transferred, the disagreement shall be
22resolved by the city council, whose action thereon shall be
23final.

24(b) Nothing contained in this section shall be construed to
25relieve any existing pension fund of its liability to continue
26the payment of pensions to retired members of the fire
27department in accordance with the laws and regulations under
28which such members were retired.

29Section 4326. Trusts for Benefit of [Firemen's]
30Firefighters' Pension Fund.--Any [such] city may take, by gift,

1grant, devise or bequest, any money or property, real, personal
2or mixed, in trust for the benefit of [such] the pension fund[,
3and the]. The care, management, investment and disposal of
4[such] the trust funds or property shall be vested in [such] the
5officer or officers of [such] the city, for the time being, as
6the [said] city may designate[, and such]. The care, management
7and disposal shall likewise be directed by ordinance and the
8[said] trust funds shall be governed thereby, subject to [such]
9directions, not inconsistent therewith, as the donors of [such]
10the funds and property may prescribe.

11Section 396. Section 4327 of the act, amended July 20, 1968
12(P.L.434, No.204), is amended to read:

13Section 4327. Repayment Before Retirement.--(a) If [for any
14cause any] a contributing member of the [fire department
15contributing to the] firefighters' pension fund shall cease to
16be a member of the fire department before [he] the member
17becomes entitled to a pension, the total amount of the
18contributions paid into the pension fund by [such] the member
19shall be refunded [to him] in full without interest.

20(b) If [any such] a member shall have returned to [him] the 
21member the amount contributed, and shall afterward again become
22a member of the fire department, [he] the member shall not be
23entitled to the pension designated until twenty years after
24[his] the member's reemployment, unless [he shall return] the 
25member returns to the pension fund the amount withdrawn, in
26which event the period of twenty years shall be computed from
27the time the member first became a member of the fire
28department, excluding therefrom any period of time during which
29the member was not employed by the fire department.

30(c) In the event of the death of a member of the fire

1department not in the line of service before the member becomes
2entitled to [the] a pension [aforesaid] and [such] if the member
3[is not survived by a widow] has no surviving spouse or family
4entitled to payments as [hereinbefore] provided in this 
5subdivision, the total amount of contributions paid into the
6pension fund by the member shall be paid over to [his] the 
7member's estate.

8Section 397. Section 4328 of the act, added June 16, 1993
9(P.L.97, No.21), is reenacted to read:

10Section 4328. Definitions.--As used in this subdivision, the
11term "salary" is defined as the fixed amount of compensation
12paid at regular, periodic intervals by the city to the member
13and from which pension contributions have been deducted.

14Section 398. Article XLIII subdivision (c) heading of the
15act, amended August 17, 1951 (P.L.1251, No.292), is amended to
16read:

17(c) Pension Funds for Employes Other Than [Policemen] Police 
18Officers and City-Paid [Firemen] Firefighters

19Section 399. Section 4340 of the act, amended October 4,
201978 (P.L.950, No.188), is amended to read:

21Section 4340. Pension Funds for Employes other than Police
22or City-Paid [Firemen] Firefighters.--(a) Cities may create a
23pension fund for the pensioning of employes [of said cities] who
24are not members of the police force or city-paid fire department
25[thereof], surviving spouses of retired members if council so
26elects and the families of [such] employes as may be injured or
27killed in the service, in the manner, under the conditions and
28subject to the qualifications [following] set forth in this 
29subdivision.

30(b) As used in this subdivision "employes" includes officers

1and officials of the city, whether elected or appointed.

2Section 400. Section 4341 of the act, amended June 21, 1984
3(P.L.428, No.87), is amended to read:

4Section 4341. Pension Board; Duties.--(a) In any city which
5creates [such] a pension fund in accordance with this 
6subdivision, there shall be created a board to be known as the
7pension board, consisting of the mayor, the city controller, the
8superintendent of finance, two employes to be chosen by the
9employes contributing to the pension fund and, if members of
10council participate in the pension fund and are members of the
11fund, a member of council[,] chosen by council.

12(b) It shall be the duty of [said] the board to register all
13persons employed by the [said] city, and to administer the
14collections and distribution of the pension fund [herein
15provided for], and make such reasonable rules [in the premises]
16as [such] the board may deem necessary [to carry into effect the
17provisions of this act].

18Section 401. Section 4342 of the act is amended to read:

19Section 4342. Retirement Age.--[Every person, now or
20hereafter employed by any] In a city which has created [such] a
21pension fund and pension board [as hereinbefore provided,] in 
22accordance with this subdivision, an employe of the age of sixty
23years, and upwards, who shall have been [so] employed for a
24period of twenty years or more, shall, upon application to the
25board of pensions [herein created,] be retired from service and
26shall, subject to qualifications provided in this subdivision
27during the remainder of [his or her] the employe's life, receive
28the pension or compensation fixed by this [act, subject to such
29qualifications as are herein contained] subdivision.

30Section 402. Section 4343 of the act, amended October 4,

11978 (P.L.950, No.188), is amended to read:

2Section 4343. Retirement Allowance; Proof of Disability;
3Joint and Single Coverage Members Defined.--(a)  During the
4lifetime of any person in the employment of any city creating
5[such] the pension fund and pension board [as hereinbefore
6provided, he or she] in accordance with this subdivision, the 
7person shall be entitled to receive as a pension annually, from
8the fund set aside for the purpose, fifty per centum of the
9amount which would constitute the average annual salary or wages
10which [he or she] the person received during the last or any
11five years of [his or her] the person's employment by the [said]
12city, whichever is the higher, [said] the pension to be paid in
13semi-monthly payments. Should any persons so employed, after
14twenty years of service, be dismissed, voluntarily retired, or
15be in any manner deprived of [his or her] the person's position
16or employment, before attaining the age of sixty years, upon
17continuing a monthly payment to the fund equal to the last
18amount due and paid monthly while in active service, [said] the
19person shall be entitled to the pension above-mentioned,
20notwithstanding [he or she] that the person has not attained the
21age of sixty years at the time of [his or her] the person's
22separation from the service of [such] the city, but [said] the
23pension shall not commence until [he or she] the person has
24attained the age of sixty years. Should any employe, however,
25become totally and permanently disabled, after ten years of
26service and before attaining the age of sixty years, [he or she] 
27the person shall be entitled to the [said] pension. Proof of
28total and permanent disability shall consist of the sworn
29statement of three practicing physicians, designated by the
30board, that the employe is in a permanent condition of health

1which would permanently disable [him or her] the person from
2performing the duties of [his or her] the person's position or
3office.

4(b) For the purpose of this article on pensions, the
5following words shall have the meaning herein assigned to them:

6(1) "Joint Coverage Member" of the retirement system shall
7mean a city employe who shall have become a member of the
8retirement system subsequent to the last date permitted by
9[such] the city for statement or preference concerning social
10security coverage, or who, having become a member on or before
11[such] that date, shall have filed with the Retirement Board a
12written statement that [he or she] the member elects social
13security coverage under an agreement with the [Federal]
14Secretary of Health[, Education and Welfare] and Human Services
15entered into by the Commonwealth.

16(2) "Single Coverage Member" of the retirement system shall
17mean a city employe who shall have become a member of the
18retirement system on or before the last date permitted by [such]
19the city for statement of preference concerning social security
20coverage and who either shall have filed with the Retirement
21Board a written statement that [he or she] the member does not
22elect social security coverage under any agreement with the
23[Federal] Secretary of Health[, Education and Welfare] and Human 
24Services entered into by the Commonwealth, or shall not have
25filed with the Retirement Board any written statement.

26(c) Where a city has entered into an agreement with the
27Commonwealth to place certain employes under the Federal Social
28Security Act, the pension to be paid joint coverage members
29according to the provisions of this section payable after the
30age and upon that portion of annual compensation on which social

1security benefits are payable, shall be reduced by an amount
2equal to forty (40) per centum of the primary insurance amount
3of social security paid or payable to the member. [Such] The
4reduction shall be subject to the following provisions:

5(1) Upon attainment of the age at which social security
6benefits are payable by a beneficiary receiving a pension or
7upon retirement of a contributor after attaining that age, [his] 
8the person's eligibility to the old age insurance benefit and
9the primary insurance amount of social security upon which the
10reduction in the pension shall be based, shall be computed by
11the board in the manner specified in the Federal Social Security
12Act, except that in determining such eligibility and such amount
13only wages or compensation for services performed in the employ
14of the city shall be included.

15(2) The reduction shall not apply to a pension for total and
16permanent disability payable under this section.

17(3) Whenever the amount of the reduction from the pension
18shall have been once determined, it shall remain fixed for the
19duration of the pension, except that any decrease in the primary
20insurance amount under the Social Security Act shall result in a
21corresponding decrease in the amount of the reduction from the
22pension.

23(4) The total sum, including social security benefits, to be
24received upon retirement by an employe who is a member of the
25system at the time of the agreement shall not be less than the
26allowance that would be paid by the retirement system in the
27absence of the agreement.

28(d) If council elects, by ordinance, to make such payments,
29the surviving spouse of an employe who retired on pension or is
30killed in the service on or after January 1, 1960, shall, during

1[his] the surviving spouse's lifetime or so long as [he] the 
2surviving spouse does not remarry, be entitled to receive a
3pension calculated at the rate of fifty per centum of the
4pension the member was receiving or would have been entitled to
5had [he] the member been retired at the time of [his] the 
6member's death.

7Section 403. Section 4343.1 of the act, amended June 11,
81968 (P.L.160, No.90), is amended to read:

9Section 4343.1. Retirement Allowances; Full Coverage; 
10Payments.--(a) Where a city has entered into an agreement with 
11the Commonwealth to place certain employes under the Federal 
12Social Security Act, the pension board may authorize any joint 
13coverage member of the retirement system to elect according to 
14the provisions of this section to receive compensation without 
15the reduction provided for in section 4343, provided [he] the 
16member shall make a lump-sum payment to the pension board, or 
17installment payments as may be approved by the board, equal to 
18the difference between the amount of the accumulated fund to 
19[his] the member's credit in the fund as of the last date for 
20which salary or wages was paid and the amount which would have 
21been to [his] the member's credit in [such] the fund if 
22contributions had been made on that portion of [his] the 
23member's salary or wages on which social security allowances are 
24payable, at the same rate as made on that portion of [his] the 
25member's salary or wages in excess thereof, from the time that 
26[such] the salary or wages became subject to social security 
27coverage. Such election shall be made, in writing, in the form 
28prescribed by the pension board, and shall be accompanied by the 
29lump-sum payment or an agreement as to installment payments 
30herein required.

1(b) The pension board may authorize any such member to make
2the election herein provided at any time, and if made prior to
3retirement, [such] the member shall, in addition to any lump-sum
4or installment payments required, pay to the board contributions
5on [his] the member's entire salary or wages thereafter received
6at the rate provided in this act for monthly salary or wages in
7excess of that on which social security allowances are payable.

8Section 404. Section 4343.2 of the act, added July 11, 1996
9(P.L.647, No.109), is amended to read:

10Section 4343.2. Limited Vested Benefit.--(a) The ordinance 
11creating a pension fund in accordance with this subdivision may 
12provide for a limited vested benefit if [such] it would conform 
13to section 305 of the act of December 18, 1984 (P.L.1005, 
14No.205), known as the "Municipal Pension Plan Funding Standard 
15and Recovery Act."

16(a.1) Under [the provisions of the benefit, should a member 
17of the pension fund terminate] a limited vested benefit, if a 
18member of the pension fund terminates employment before reaching 
19the date which would have been the member's earliest retirement 
20date had the member continued employment by meeting the minimum 
21age and minimum period of continuous service requirements but 
22after having completed twelve years of full-time service, the 
23member shall be entitled to vest [his or her] the member's 
24retirement benefits subject to the following conditions:

25(1) [the] The member must file with the management board of
26the pension fund a written notice of [his or her] the member's 
27intention to vest[;].

28(2) [the] The member must include in the notice the date the
29member intends to terminate [his or her] the member's service as
30an employe[;].

1(3) [the] The termination date shall be at least thirty days
2later than the date of notice to vest[;].

3(4) [the] The member must be in good standing with the city
4on the date of notice to vest[; and].

5(5) [the] The board shall indicate on the notice to vest the
6rate of monthly pay of the member as of the date of [said] the
7notice to vest or the highest average annual salary which the
8member received during any five years of service preceding
9[said] the date, whichever is the higher.

10(b) Upon reaching the date which would have been the
11member's earliest retirement date had the member continued [his
12or her] the member's employment with the city, the member shall
13notify the board, in writing, that the member desires to collect
14[his or her] the member's pension. The amount of retirement
15benefits the member is entitled to receive under this section
16shall be computed as follows:

17(1) [the] The initial determination of the member's base
18retirement benefits shall be computed on the salary indicated on
19the notice to vest[; and].

20(2) [the] The portion of the base retirement benefits due
21the member shall be determined by applying to the base amount
22the percentage that [his or her] the member's years of service
23actually rendered bears to the years of service which would have
24been rendered had the member continued to be employed by the
25city until[ his or her] the member's earliest retirement date.

26Section 405. Section 4344 of the act, amended October 4,
271978 (P.L.950, No.188), is amended to read:

28Section 4344. Amount of Payments into Fund; Repayment before 
29Retirement.--The employes of any city, creating [such] a pension 
30fund and pension board in accordance with this subdivision, 

1shall pay into the board of pensions monthly an amount equal to 
2two per centum of their monthly salaries or wages, and if 
3council elects, by ordinance, to make [such] payments, an 
4additional amount not to exceed one per centum if deemed 
5necessary by council to provide sufficient funds for payments to 
6the surviving spouses of members who were retired on pension or 
7killed in the service, which shall be applied to the purposes of 
8the fund. Payment of the monthly amount or contribution herein 
9mentioned shall cease and be discontinued at the time the 
10beneficiary receives the pension herein provided. If for any 
11cause any employe contributing to the pension fund shall cease 
12to be an employe of the city before the [said] employe becomes 
13entitled to a pension, the total amount of the contributions 
14paid into the pension fund by [such] the employe shall be 
15refunded to [him or her] the employe in full, without interest. 
16If any [such] employe shall have returned to [him or her] the 
17employe the amount contributed as aforesaid, and shall afterward 
18reenter the employ of the city, [said] the employe shall not be 
19entitled to the pension designated until twenty years after 
20[said] reemployment, unless [he or she] the employe shall return 
21to the pension fund the amount withdrawn, in which event that 
22period of twenty years shall be computed from the time [said] 
23the employe first enters the service of the city. In the event 
24of the death of any [such] employe, before the [said] employe 
25becomes entitled to the pension aforesaid, the [said] total 
26amount of contributions paid into the pension fund by [said] the 
27employe shall be paid over to the estate of [said] the deceased 
28employe.

29Section 406. Section 4344.1 of the act, amended July 21,
301959 (P.L.553, No.169), is amended to read:

1Section 4344.1. Determination of Liability Upon Extension of 
2Social Security.--(a) Where a city has entered into an 
3agreement with the Commonwealth to place its employes under the 
4Federal Social Security Act, the pension board shall appoint an 
5actuary, and may fix [his] the employe's compensation. The 
6actuary shall determine the present value of the liability on 
7account of pensions payable under the provisions of section 4343 
8[of this act] to employes who are members of the system on the 
9effective date of the agreement, and shall offset the value of 
10any assets in the pension fund to determine the unfunded 
11liability. The city may make [such] the payments as it desires 
12toward the unfunded liability until the accumulated reserve 
13equals the present value of the liability. The actuary shall 
14also determine the amount which shall be contributed, annually, 
15into the fund on account of service of all new and original 
16members subsequent to the effective date of the agreement.

17(b) Employes shall pay into the board of pensions, monthly,
18an amount equal to three and one-half per centum of that portion
19of monthly compensation on which social security allowances are
20payable and five per centum of any monthly compensation in
21excess of that on which social security allowances are payable.
22The remainder of the needed annual contribution for service
23subsequent to the date of the agreement, as determined by the
24actuary, shall become the obligation of the city, and shall be
25paid by it to the board of pensions by annual appropriations.
26The provisions of this section shall, in all applicable cases,
27supersede the provisions relating to contributions in section
284344 and section 4348 [of this act].

29Section 407. Section 4345 of the act is amended to read:

30Section 4345. Payments by Laborers Optional.--Any person

1holding a position in any [such] city as a laborer, at a per
2diem wage, shall not be compelled to pay or contribute toward
3the pension fund herein provided for, but shall have the option
4or choice of so doing and, in that event only, of becoming
5entitled to the pension provided by this act.

6Section 408. Section 4346 of the act, amended August 17,
71951 (P.L.1251, No.292), is amended to read:

8Section 4346. Heads of Departments to Certify List of 
9Employes.--The head of every department and office employing 
10persons entitled to receive a pension shall certify to the board 
11of pensions all persons so employed and the amount of salary or 
12wages which is paid to [said] employes, together with 
13dismissals, resignations, or terminations of service and, from 
14the records of their office or department, shall furnish [such] 
15other relevant information as the board of pensions shall 
16require. In the case of a volunteer [fireman] firefighter, "head 
17of department or office" shall mean the president or secretary 
18of the board of trustees of the volunteer fire company involved.

19Section 409. Section 4347 of the act is amended to read:

20Section 4347. Receipt, Investment and Payment of Funds.--It
21shall be the duty of the board of pensions to receive and retain
22and, when deemed advisable, to invest the funds payable in
23accordance with the provisions of this subdivision [of this
24article], and to pay over by warrant or check the amount due to
25[said] employes.

26Section 410. Sections 4348 and 4349 of the act, amended
27August 17, 1951 (P.L.1251, No.292), are amended to read:

28Section 4348. Appropriations and Contributions to Fund.--The 
29council may annually set aside, apportion, and appropriate, out 
30of all taxes and income of [such] the city, unto the board of 

1pensions, a sum sufficient to maintain the pensions or 
2compensations due hereunder on account of the city contributions 
3for all employes except volunteer [firemen] firefighters. On 
4account of volunteer [firemen] firefighters who become members 
5of the pension fund, the board of trustees of the volunteer fire 
6company employing and paying them shall annually contribute to 
7the board of pensions a sum equal to the same percentage of its 
8participating payroll as the amount contributed by the city for 
9the same year bears to its participating payroll.

10Section 4349. Application.--(a) The benefits conferred by 
11this subdivision [of this article] shall apply to all persons 
12employed in any capacity by, or holding positions in, or, in the 
13case of a volunteer [fireman] firefighter, rendering services 
14recognized and accepted by, the cities creating a pension fund 
15and pension board in accordance with its provisions, but this 
16subdivision shall not apply to employes of [such] departments, 
17bureaus, or offices as are otherwise protected by pension 
18authorized by this act.

19(b) Any volunteer [fireman] firefighter may become a member
20of [such] a pension fund, as of the date of [his] the volunteer 
21firefighter's original employment or of the inception of the
22pension fund, whichever is later, upon [his] the volunteer 
23firefighter making back contributions, and if the volunteer fire
24company or board of trustees thereof employing and paying [him] 
25the volunteer firefighter agrees to contribute and contributes
26to the pension fund, from time to time, the sums hereinbefore
27required.

28Section 411. Sections 4350 and 4351 of the act are reenacted
29to read:

30Section 4350. Computation of Time of Service.--The time of

1service herein specified, namely, twenty years, shall be
2computed from the time of the first or original employments,
3said employment to consist of service to the city and need not
4be continuous.

5Section 4351. Funds Payable to be Free of Attachment.--The
6compensation or pension herein mentioned shall not be subject to
7attachment or execution, and shall be payable only to the
8beneficiary designated, and shall not be subject to assignment
9or transfer.

10Section 412. Section 4352 of the act, amended August 17,
111951 (P.L.1251, No.292), is amended to read:

12Section 4352. Definitions.--The term or phrase "employe,"
13"employed," "employed by the city," or "in the employment of any
14city," as used in this subdivision, is meant to include all
15persons in the service of cities creating a pension fund and a
16pension board in accordance with the provisions thereof, who are
17not now otherwise protected by pensions authorized by this act,
18and any volunteer [fireman] firefighter who becomes a member of
19the pension fund.

20"Volunteer [fireman] firefighter" shall mean a driver of
21fire-fighting apparatus or ambulances, regularly employed and
22paid by a volunteer fire company, rendering services recognized
23and accepted by a city.

24Section 413. Section 4353 of the act, amended July 5, 2005
25(P.L.70, No.28), is reenacted to read:

26Section 4353. Beneficiaries of Fund not to be Employed by
27City.--No person or persons who shall have become a beneficiary
28shall be employed by the said city in any capacity. Subject to
29the provisions of section 4361, nothing herein shall be
30construed as prohibiting a person or persons who shall have

1become a beneficiary from serving in an elective city office.

2Section 414. Article XLIII subdivision (d) heading of the
3act, added July 5, 2005 (P.L.70, No.28), is reenacted to read:

4(d) Beneficiaries Serving in Elective Office

5Section 415. Section 4361 of the act, added July 5, 2008
6(P.L.70, No.28), is reenacted and amended to read:

7Section 4361. Right to a Pension if Salary Refused.--In any
8city governed by the provisions of this act, the act of July 15,
91957 (P.L.901, No.399), known as the "Optional Third Class City
10Charter Law," or 53 Pa.C.S. Pt. III Subpt. E (relating to home
11rule and optional plan government), a beneficiary serving in an
12elective city office shall not be prohibited from receiving a
13pension for any month in which [he or she] the beneficiary does
14not accept a salary from serving in the elective office.

15Section 416. Article XLIV heading of the act is reenacted to
16read:

17ARTICLE XLIV

18CIVIL SERVICE

19Section 417. Section 4401 of the act is amended to read:

20Section 4401. Examinations Required of All Appointees.--No
21person or persons may be appointed to any [position whatever in
22the police department, or in the engineering department or
23electrical department, except as otherwise provided by law, or
24in the position of building inspector, or as health officers
25other than registered physicians, or as sanitary policemen or
26inspectors of the health department] uniformed position in the 
27police or fire departments, excluding chiefs, without having
28first passed all the examinations hereinafter provided for[,]
29and without having been appointed in the manner and according to
30the terms and provisions and conditions of this article.

1Section 418. Section 4402 of the act, amended April 18, 1978
2(P.L.37, No.19), is amended to read:

3Section 4402. Appointment of Examining [Boards] Board.--
4There shall be [the following civil service boards in each city:
5(a) A board for] a civil service board in each city that shall 
6provide for and oversee the examination of applicants for
7appointment to and promotion to any position in the police
8[department; (b) a board for the examination of applicants for
9appointment as health officers other than registered physicians,
10or as sanitary policemen or inspectors of the health department;
11(c) a board for the examination of applicants for appointment to
12any position in the engineering or electrical departments,
13except as otherwise provided for by law, or to the position of
14building inspectors.

15Each of said boards shall consist of three citizens, who
16shall be elected] or fire departments. The board shall consist 
17of three citizens who shall be appointed by council for terms of
18four years or until their successors are [elected and qualified]
19appointed and qualified except for the initial appointment of 
20board members as provided for in section 4403. Any person who is
21a registered elector of the city may be appointed to [one or
22more of said boards] the board. No city officer, official or
23employe shall be eligible for appointment to [any] the civil
24service board.

25Section 419. The act is amended by adding a section to read:

26Section 4402.1. Existing Civil Service Positions.--All
27nonuniformed employes in city positions that were subject to
28civil service regulation immediately prior to the effective date
29of this section shall continue to be subject to civil service
30regulation otherwise provided in this article for uniformed

1employes with regard to the nonuniformed positions.

2Section 420. Section 4403 of the act is amended to read:

3Section 4403. Terms; Filling of Vacancies; Compensation;
4Quorum.--[At the first election in newly created cities, council
5shall elect to each of said boards] In a city in which the civil 
6service board is first established, terms of members of the 
7board shall be staggered. Council shall initially appoint to the 
8board one person to serve for two years, one person to serve for
9three years, and one person to serve for four years. Upon the
10expiration of the term of any member [of any of said boards, in
11any city, one person shall be elected] a successor shall be 
12appointed by the city council to serve upon [said] the board for
13[the] a term of four years. If any vacancies occur, they shall
14be filled by the city council for the unexpired term. Each of
15[said] the members, before entering upon the duties of [his]
16office, shall take and subscribe to the oath of office
17prescribed by [this act] 53 Pa.C.S. § 1141 (relating to form of 
18oaths of office) and file the same, duly certified by the
19officer administering it, with the [controller of the city] city 
20administrator or, in cities without a city administrator, the 
21city clerk. No salary or other compensation shall be paid to any
22member of the [said boards] board. Two members of the board
23shall constitute a quorum necessary for the transaction of
24business of that board. [Said boards] The board shall organize
25for the purpose of transacting all business immediately after
26[their first appointment and, from time to time,] the first 
27appointments and thereafter as new appointments to [such] the
28board are made. After organizing, the board shall elect one of 
29its members as chairperson and one as secretary.

30Section 421. The act is amended by adding sections to read:

1Section 4403.1. Alternate Board Members.--Council may
2appoint no more than three qualified electors of the city to
3serve as alternate members of the civil service board. The term
4of office of the alternate members shall be four years. If, by
5reason of absence or disqualification of a member, a quorum is
6not reached, the chairperson shall designate as many alternate
7members of the board to sit on the board as may be needed to
8provide a quorum. When seated pursuant to this section, an
9alternate shall be entitled to participate in all proceedings
10and discussions of the board to the extent as provided by law
11for board members, including specifically the right to cast a
12vote as a voting member during the proceedings, and shall have
13all the powers and duties set forth in this act and as otherwise
14provided by law. Any alternate member of the board shall
15continue to serve on the board in all proceedings involving the
16matter or case for which the alternate was initially designated
17until the board has made a final determination of the matter or
18case. Designation of an alternate pursuant to this section shall
19be made on a case-by-case basis in rotation according to
20declining seniority among all alternates. Alternates shall hold
21no other office in the city. Any alternate may participate in
22any proceeding or discussion of the board but shall not be
23entitled to vote as a member of the board unless designated as a
24voting alternate member pursuant to this section.

25Section 4403.2. Investigations and Subpoenas.--(a) The
26board shall have the power to make investigations concerning all
27matters relating to the administration and enforcement of its
28rules and regulations. The chairperson shall be authorized to
29administer oaths and affirmations for witnesses testifying in
30matters before the board.

1(b) The board shall have the power to issue subpoenas over
2the signature of the chairperson or designee and to require the
3attendance of witnesses and the production of records and papers
4pertaining to matters before the board, including any background
5investigation conducted pursuant to any applicable rules and
6regulations.

7Section 422. Section 4404 of the act is amended to read:

8Section 4404. Rules and Regulations; Examinations.--[Each of
9said boards shall prepare and adopt such rules and regulations
10to cover the selection and appointment of all persons as
11hereinbefore provided, to be hereafter employed or appointed in
12said cities, as in the judgment of said boards shall be best
13adapted to securing the best service for the public. Such rules
14and regulations] (a) The board shall have the power and its 
15duty shall be to prepare and adopt rules and regulations, 
16subject to approval by council, which, in the board's 
17discretion, are best adapted to securing and maintaining the 
18best service for the public for the selection, appointment and 
19promotion of persons who are qualified to perform the work which 
20is the subject of the civil service examination as provided in 
21this article, and who are to be employed, appointed or promoted 
22by the city. The rules and regulations adopted by the board
23shall provide for ascertaining and determining, so far as
24possible, [the physical qualifications, habits, reputation,
25standing, experience and education of all applicants for such
26positions, respectively; and they] the knowledge, skills, 
27aptitude, mental and physical abilities, experience, education 
28and character of all applicants as these criteria would 
29reasonably apply to the respective positions; and the rules and 
30regulations shall provide for examinations upon any and all

1subjects deemed proper or necessary by [said boards] the board
2for the purpose of determining [their qualifications for the
3position sought and applied for] the qualifications of 
4applicants for the respective positions sought and for which 
5application is made.

6(b) The civil service board shall, in accordance with this
7act, adopt rules and regulations concerning the following
8matters that may include:

9(1) minutes of proceedings;

10(2) rules of procedure;

11(3) records of examinations;

12(4) annual report to council;

13(5) notice of the rules and regulations and any amendments
14or repeals to the rules and regulations;

15(6) application forms;

16(7) further provisions concerning the duties of the
17chairperson and secretary;

18(8) appointment of examiners; and

19(9) other administrative matters.

20Section 423. Section 4404.1 of the act, added October 19,
212010 (P.L.533, No.77), is amended to read:

22Section 4404.1. Physical and Psychological Medical
23Examinations.--(a) [A] The board may require that an applicant
24conditionally appointed in accordance with section 4406 [of this
25act] undergo a physical or psychological medical examination as
26a condition of permanent appointment. Physical medical
27examinations, if required, shall be under the direction of a
28physician or other qualified medical professional. Psychological
29medical examinations, if required, shall be under the direction
30of a psychiatrist or psychologist.

1(b) A physician, other qualified medical professional, 
2psychiatrist or psychologist shall be appointed by council and 
3shall render an opinion as to whether the conditional appointee 
4has a physical or mental condition which calls into question the 
5individual's ability to perform all of the essential functions 
6of the position for which the individual was conditionally 
7appointed.

8(c) If the opinion rendered by the physician, other 
9qualified medical professional, psychiatrist or psychologist 
10calls into question the conditional appointee's ability to 
11perform all essential functions of a position, the director of 
12the department within which the position is to be filled shall 
13meet with the conditional appointee for the purpose of having 
14one or more interactive discussions on whether the conditional 
15appointee can, with or without reasonable accommodation, perform 
16all the essential functions of the position.

17(d) If, at the conclusion of the interactive discussion 
18under subsection (c), the department director determines that 
19the conditional appointee is not qualified, the department 
20director shall give written notice to the conditional appointee 
21and the board.

22(e) Nothing in this act shall be construed to authorize 
23physical or psychological medical examinations prior to 
24conditional appointment in accordance with section 4406 of this 
25act.

26(f) As used in this section, the following definitions shall 
27apply:

28"Medical examination" shall mean any examination, procedure, 
29inquiry or test designed to obtain information about medical 
30history or a physical or mental condition which might disqualify 

1an applicant if it would prevent the applicant from performing, 
2with or without reasonable accommodation, all of the essential 
3functions of the position.

4"Physician" shall have the meaning given to it in 1 Pa.C.S. §
51991 (relating to definitions).

6"Qualified medical professional" shall mean an individual, in
7collaboration with or under the supervision or direction of a
8physician, as may be required by law, who is licensed:

9(1) as a physician assistant pursuant to the act of December
1020, 1985 (P.L.457, No.112), known as the "Medical Practice Act
11of 1985," or the act of October 5, 1978 (P.L.1109, No.261),
12known as the "Osteopathic Medical Practice Act"; or

13(2) as a certified registered nurse practitioner pursuant to
14the act of May 22, 1951 (P.L.317, No.69), known as "The
15Professional Nursing Law."

16Section 424. Section 4405 of the act, amended October 19,
172010 (P.L.533, No.77), is repealed:

18[Section 4405. Grading for Discharged Servicemen.--When any 
19person who was engaged in the military service of the United 
20States during any military engagement in which the United States 
21participated, and has an honorable discharge therefrom, shall 
22take any examination for appointment, the examination shall be 
23marked or graded in the same manner as provided for all other 
24examinations. When the examination of the discharged individual 
25is completed and graded, if the grade is passing, the grading or 
26percentage as the examination merits shall be increased by 
27fifteen per centum, and the total mark or grade shall represent 
28the final grade or classification of the discharged individual 
29and shall determine the individual's order of standing on the 
30eligibility list. For the purpose of this article:

1(1) "Military service" means the army, navy, marines, air
2force, coast guard, and any branch or unit thereof.

3(2) "Servicemen" means members of the military service,
4including women.

5(3) "Military engagement" includes land, naval and air
6engagements.]

7Section 425. The act is amended by adding a section to read:

8Section 4405.1. Veterans' Preference.--In accordance with 51
9Pa.C.S. Ch. 71 (relating to veterans' preference) the following
10shall apply to the appointment of a uniformed civil service
11position:

12(1) A veteran who meets the qualifications for and
13conditions of the position under uniform eligibility rules,
14which include successful passage of an examination, shall
15receive an additional ten points on the examination pursuant to
1651 Pa.C.S. § 7103(a) (relating to additional points in grading
17civil service examinations).

18(2) If, after the additional ten points are granted, a
19veteran is on the list of three eligible applicants, the veteran
20shall receive a preference in hiring over nonveterans on that
21list.

22(3) The preference provided by this section shall constitute
23the only preference with regard to a uniformed civil service
24position to which a veteran is entitled under this act.

25Section 426. Section 4406 of the act, amended or added
26October 19, 2010 (P.L.533, No.77), is amended to read:

27Section 4406. Selection of Appointee from Certified List of
28Applicants.--[The boards] The following shall apply to civil 
29service selection, conditional appointments and appointments and 
30shall be incorporated by reference in the rules and regulations 

1of the board:

2(1) The civil service board shall make and keep, in
3numerical order, a list containing the names of all applicants
4for civil service positions in the city who [may] pass the
5required examinations, including any required physical fitness 
6or agility examinations that are job-related and consistent with 
7business necessity. [Where]

8(2) Physical fitness or agility examinations shall be
9conducted on a pass-fail basis.

10(3) Written and oral examinations used to establish an
11eligibility list shall offer the opportunity to achieve one
12hundred points.

13(4) If both written and oral examination methods are used in
14conjunction with each other, the board, prior to initiating
15testing, shall establish what constitutes a passing score on
16each portion of the examination. If only a written examination
17method is used, the board shall establish the passing score
18before the examination is conducted.

19(5) When more than one person takes examinations for any
20position at the same time, the names of all those successfully
21passing the examination shall be entered upon the eligibility
22list in the order of their respective [percentages] point 
23totals, the highest coming first.

24(6) The board shall furnish to council a certified copy of
25all lists so prepared and kept. [Wherever any vacancy shall
26occur in any civil service position in the city, the city
27council] Such lists shall be maintained for a period of two 
28years or until a new list is certified to council, whichever 
29occurs first and are public records.

30(7) Whenever council shall determine an initial appointment 

1is to be made to a civil service position in the city, the 
2director of the department in which the appointment is to be 
3made shall make written application to the [president of the
4proper] chair of the board, who shall forthwith certify to the
5city council, in writing, the three names on the eligibility
6list of applicants for the position having the highest
7[percentage, but if there be] number of points, unless there are
8less than three eligible names on the list, in which event the
9board shall certify the names. The director of the department in
10which the appointment is to be made shall nominate to the city
11council a person from the eligibility list submitted to fill the
12vacancy.

13(8) If the city council approves the nomination, the person
14nominated shall be conditionally appointed by council to fill 
15the vacancy, and shall be assigned for service in the
16department, subject to any required physical or psychological 
17medical examinations that may be required by the [appropriate 
18examining] board as a condition of permanent appointment in 
19accordance with section 4404.1 [of this act].

20(9)  If the council does not approve the nomination, or if 
21the appointee is determined by the medical examination process 
22to be unqualified, then the director of the department in which
23the appointment is to be made shall submit another nomination
24for the position from the remaining names, if any[, and if]. If
25the nomination is not approved by the council, or if the 
26appointee is determined by the medical examination process to be 
27unqualified, the director shall submit the third name, if any.

28(10) The person whose nomination by the director is approved
29by the city council shall be appointed to fill the [position in
30the department or as building inspector] civil service position 

1under consideration.

2(11) The name of the person so appointed shall be
3immediately stricken from the [eligibility] certified list of
4the board, and, except as otherwise provided in this clause, the
5names of the [rejected] nonappointed persons shall immediately
6be restored to their proper place on the [eligibility list:
7Provided, however, That if] certified list. If the name of any
8applicant has been submitted to the council and been rejected
9three times or the [appointee] council and the conditional 
10applicant has not been appointed for three such times or the 
11conditional applicant has been determined by the medical 
12examination process to be unqualified, then the name shall be
13stricken from the [eligibility] certified list.

14(12) Examinations for promotions for civil service positions 
15in the city shall be pursuant to section 4406.1 [of this act].

16(13) As used in this section, the term "medical examination" 
17shall have the meaning given it in section 4404.1 [of this act].

18Section 427. Section 4406.1 of the act, amended November 9,
192011 (P.L.408, No.99), is amended to read:

20Section 4406.1. Promotions.--(a) The [civil service boards
21may recommend those in the employ of a department for promotion
22if the person recommended is competent for the higher position.
23If an examination is required, the] city council shall notify
24the [applicable] civil service board of a civil service vacancy
25in the city which is to be filled by promotion and shall request
26the certification of an eligibility list as provided in this
27article. The board shall certify for each vacancy the names of
28three persons on the eligibility list who have received the
29highest average in the last preceding promotional examination
30held within the period of two years preceding the date of the

1request for the eligibility list. If three names are not
2available, the board shall certify the names remaining on the
3list. The city council shall make an appointment from the names
4certified, based solely on the merits and fitness of the
5candidates, unless the city council makes objections to the
6board regarding one or more of the persons on the eligibility
7list. The city council shall have power to determine in each
8instance whether an increase in salary shall constitute a
9promotion.

10(b) Notwithstanding subsection (a), the mayor or other
11elected or appointed official of a city that has adopted one of
12the following shall retain the power to promote a candidate
13pursuant to that law:

14(1) An optional charter pursuant to the act of July 15, 1957
15(P.L.901, No.399), known as the "Optional Third Class City
16Charter Law."

17(2) An optional plan pursuant to 53 Pa.C.S. Chs. 30
18(relating to types of optional plans of government) and 31
19(relating to general provisions common to optional plans).

20(3) Any other law authorizing or permitting the mayor or
21other elected or appointed official to promote a candidate.

22(c) The provisions of this section shall not apply to the
23mayor's designation or appointment of the chief of police
24pursuant to section 2002 or the mayor's designation or
25appointment of a fire chief pursuant to section 2101.1.

26Section 428. Section 4407 of the act is amended to read:

27Section 4407. [Tenure; Preference in Appointment to
28Discharged Serviceman; Temporary Appointments.--] Tenure; 
29Temporary Appointments.--(a) All appointments made pursuant to
30the provisions of this article shall be for and during good

1behavior, and no employe hired pursuant to the provisions of 
2this article shall be removed or transferred for any political
3reasons whatever. [Among those persons possessing qualifications
4and eligibility for appointment, preference in appointment shall
5be given to honorably discharged servicemen and their spouses
6and surviving spouses as provided by law.

7All persons holding appointments in said several departments
8or as building inspectors of said cities, at the time this act
9goes into effect, shall retain their positions without being
10required to pass examination, and be removed only in accordance
11with the provisions of this article.]

12(b) In case of riot or emergency, temporary appointments to
13positions in the civil service may be made without complying
14with the provisions of this article.

15Section 429. Section 4408 of the act, amended October 4,
161978 (P.L.950, No.188), is amended to read:

17Section 4408. [Suspension and Discharge] Suspension, 
18Discharge and Discipline; Reduction of Employes; Appeals.--(a)
19All employes subject to civil service shall be subject to
20suspension, discharge and discipline by the director of the
21department in which the employe works for misconduct[,] or
22violation of any law of this Commonwealth, [any] ordinance of
23the city, or regulation of the department[, pending action by
24the city council upon the charges made against any of such
25employes. On hearing before the city council, where they may be
26represented by counsel, they may be fined or suspended for a
27period not exceeding thirty days with or without pay, or they
28may be discharged by city council, if found guilty of the
29charges made against them. The director of each such department
30may, for misconduct or violation as aforesaid, suspend any

1employe of such department for a period of ten days, with or
2without pay, without preferring charges and without a hearing of
3council; but no employe shall be suspended more than one time
4for the identical or same violation or act of misconduct. If it
5should become necessary to reduce the number of employes in said
6department for purposes of economy, seniority rights shall
7prevail, and any and all removals for such cause or causes shall
8be from the members last appointed, and the member or members
9serving the shortest time shall be removed first; but members
10with longer times of service may be discharged for cause]. Any 
11employe aggrieved by the suspension, discharge or discipline 
12imposed by a department director more serious than a suspension 
13of three days without pay may request a hearing before the city 
14council, or by the civil service board if designated by 
15ordinance. At the hearing, the employe may be represented by 
16counsel.

17(a.1) Any civil service employe aggrieved by the [action]
18decision of the council [in fining, suspending or discharging
19him shall have the right to appeal by petition to the court of
20common pleas within thirty days after the suspension or after
21receipt of written notice of such action by council which it
22shall be the duty of the council to give and the court shall
23hear the charges made against him de novo] or the civil service 
24board shall have the right to appeal in accordance with 2 
25Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local 
26agency action). This review shall be exclusive. Where no such 
27appeal is taken within the time prescribed by law, the decision 
28by the city council or the civil service board shall become 
29final in accordance with the law. The issue before the court
30shall be whether the action of the council or the civil service 

1board shall be affirmed or be modified in any respect or whether
2the charges should be dismissed or whether the suspension or 
3demotion made by the director shall be affirmed or rescinded.
4Where any [such] employe has been suspended and the charges are
5dismissed or the suspension rescinded on appeal, [he] the 
6employe shall receive full compensation for the entire period of
7suspension.

8(b) In any case in which a police officer or firefighter who
9is a member of a bargaining unit is subject to suspension,
10discharge or discipline, the police officer or firefighter shall
11have the option of challenging the suspension, discharge or
12discipline imposed by using the procedures provided in
13subsection (a) or by a proceeding in grievance arbitration. A
14choice to proceed either by subsection (a) or by grievance
15arbitration shall foreclose the opportunity to proceed in the
16alternative method.

17Section 430. Sections 4409 and 4410 of the act are amended
18to read:

19Section 4409. [Secretaries of Boards; Compensation.--Each of
20said civil service boards may] Secretary; Compensation.--The 
21civil service board shall appoint a secretary and prescribe [his
22duties. He] the secretary's duties, and shall have the power to 
23change these duties. The secretary shall be subject to removal
24at any time by the board [appointing him, and such board shall
25have power to change his duties. The compensation to be paid
26said secretaries and all necessary stationery and supplies for
27said boards shall be such as council shall by ordinance direct].
28Council shall establish the compensation to be paid to the 
29secretary, and all necessary stationery and supplies for the use 
30of the board shall be supplied by the city.

1Section 4410. Review of Eligibility Lists.--The lists of
2eligible names kept by [each] the civil service board shall be
3annually examined by the board for the purpose of deleting
4therefrom persons who are permanently unavailable for or
5disqualified for the position or positions involved, either by
6death, permanent removal from the area, written desire to be
7removed therefrom, or by other permanent cause[,] in conformity
8with the board's rules and regulations adopted pursuant to
9section [four thousand four hundred four] 4404.

10Section 431. The act is amended by adding an article to
11read:

12ARTICLE XLIV-A

13VETERANS' AFFAIRS

14(a) Support of Veterans' Organizations

15Section 4401-A. Appropriation to post of veterans.

16Council may appropriate annually to organizations of veterans
17of the United States armed services or veterans' parents to aid
18in defraying the expenses of Memorial Day and Veterans Day, or
19other expenses such as payment of rent of any building or rooms
20where the organization has its regular meetings. Payments shall
21be made to defray actual expenses only. Before any payment is
22made, the organization receiving the same shall submit verified
23accounts of their expenditures.

24Section 4402-A. Rooms for meetings of veterans.

25Council may provide, upon application, to an organization
26composed of veterans of the United States armed services, a
27facility in any public building of the city, sufficient for the
28periodic meeting of each of the organizations.

29(b) Pennsylvania National Guard

30Section 4411-A. Support of Pennsylvania National Guard units.

1Council may appropriate annually a sum for the support and
2maintenance, discipline and training of any troop, company or
3similar unit of the Pennsylvania National Guard. If the units
4are organized as a battalion, regiment or similar organization,
5the total amount due may be paid to the commanding officer of
6the battalion, regiment or similar organization. Any money
7appropriated shall be paid by warrant drawn to the order of the
8commanding officer of the company, battalion, regiment or
9similar organization, only when it shall be certified to the
10city, by the Adjutant General of the Commonwealth, that the
11company has satisfactorily passed the annual inspection provided
12by law. The money appropriated shall be used and expended solely
13and exclusively for the support and maintenance, discipline and
14training of the company, battalion, regiment or similar
15organization; and the commanding officer shall account, by
16proper vouchers to the city each year, for the expenditure of
17the money appropriated. No appropriation shall be made for any
18subsequent year until the expenditure of the previous year is
19duly and satisfactorily accounted for. The accounts of the
20expenditures shall be subject to the inspection of the
21Department of Military Affairs, and shall be audited by the city
22controller in the manner provided by this act for the audit of
23accounts of city money.

24Section 4412-A. Assistance in erection of armories.

25Council may appropriate money or convey land, either
26independently or in conjunction with any other political
27subdivision, to the Commonwealth, for the purpose of assisting
28the State Armory Board in the erection of armories for the use
29of the Pennsylvania National Guard, and to furnish water, sewer
30services, light or fuel free of cost to the Commonwealth for use

1in any armory of the Pennsylvania National Guard. Council may do
2all things necessary to accomplish the purpose of this section.

3Section 4413-A. Eminent domain for National Guard purposes.

4Council may take, by right of eminent domain, for the purpose
5of appropriating to itself for the use of the Pennsylvania
6National Guard public lands, easements and public property in
7its possession or control and used or held by it for any other
8purpose. Such right, however, shall not be exercised as to any
9street or wharf.

10Section 4414-A. Lands for armory purposes.

11Council may acquire, by purchase or by gift, or by the right
12of eminent domain, any land for the use of the Pennsylvania
13National Guard and may convey lands so acquired to the
14Commonwealth in order to assist the State Armory Board in the
15erection of armories. The power conferred by this section shall
16not be exercised to take any church property, graveyard or
17cemetery. Lands within three miles outside the limits of the
18city may be acquired in like manner for the use of the
19Pennsylvania National Guard provided that if the land is
20acquired by eminent domain that the taking shall be subject to
21the limitations in 26 Pa.C.S. § 206 (relating to
22extraterritorial takings).

23(c) Burials and Memorials

24Section 4421-A. Purchase of burial grounds for deceased service
25persons.

26Council may appropriate money for and purchase plots of
27ground in any cemetery or burial ground, within its respective
28city limits, for the interment of deceased service persons who
29die within the city, or die beyond the city but have a legal
30residence within the city at the time of their deaths, and whose

1bodies are entitled to be buried by the county under the
2provisions of existing laws.

3Section 4422-A. Care of memorials.

4Council may take charge of, care for, maintain and keep in
5good order and repair, at the expense of the city, any soldier's
6monument, gun or carriage or similar memorial, situate in the
7city which is not in the charge or care of any person, body or
8organization and which is not put up or placed by the Government
9of the United States, the Commonwealth or the commissioners of
10the county or by the direction or authority of any other state.
11Council may receive from any person or organization any money or
12funds which can be used for the benefit of the memorials, and
13expend the money.

14Section 4423-A. Memorial trees.

15Council may provide for or authorize provision for memorial
16trees for residents of the city who died while in the military
17service of the United States or in consequence thereof. Council
18may make appropriations or accept contributions for this
19purpose. Such trees shall bear some permanent indication of
20their purpose.

21Section 4424-A. Penalty for injury to memorial trees.

22Any person willfully, maliciously or negligently destroying
23or injuring any trees planted pursuant to the provisions of
24section 4423-A commits a misdemeanor and shall, upon conviction,
25be liable to a fine not exceeding $500, or imprisonment not
26exceeding three months, or both, in the discretion of the court.

27Section 432. Article XLV heading and sections 4501, 4502,
284503, 4504 and 4505 of the act are repealed:

29[ARTICLE XLV

30CHARITIES AND WELFARE

1Section 4501. Creation of Department of Charity.--Council,
2by ordinance, may create a bureau for the purpose of
3administering charity and for support of the poor, create any
4office which may be deemed necessary for the proper government,
5support, and management of said bureau, and regulate and
6prescribe the powers, duties, and compensation of all such
7officers. Such bureau shall have the care, management,
8administration, and supervision of the charities, almshouses,
9poorhouses, and the relief of the poor of the city, subject,
10however, to the control of the council.

11Section 4502. Power to Levy Special Tax.--Council may levy a
12tax annually, not exceeding ten mills on the dollar, on all
13persons and property taxable by the city for city purposes, for
14the support of said bureau.

15Section 4503. Hospitals; Appropriations; Free Treatment for
16Poor.--Any city may acquire, by gift, devise, or bequest, lands,
17chattels, securities and funds for the establishment and
18maintenance of a hospital, for the purposes of caring for the
19sick and injured residents of such city and the vicinity
20thereof, and, for such purposes, to appropriate and expend money
21of the city: Provided, That the poor residents of such city
22shall receive free treatment to the extent that it is possible
23to provide for same with the means available. Such hospital, or
24any ward therein, may be named in accord with the wishes of any
25person making a substantial donation thereto by will or
26otherwise.

27Section 4504. Appointment of Trustees for Gifts; Powers.--
28Such gifts, devises, bequests and appropriated funds shall be
29under the supervision of a board of trustees, to be appointed by
30council, consisting of at least nine trustees, three of whom

1shall be members of council, three of whom shall be licensed and
2practicing physicians in such city and the vicinity thereof, and
3the remainder of which board shall consist of residents of such
4city and vicinity thereof. Said appointments shall at all times
5be made subject to the approval of the orphans' court of the
6county in which said city is situated. Said board of trustees
7shall at all times be subject to the resolutions of council and
8the jurisdiction of said court, which shall have power to remove
9any of them upon petition of such city. Any vacancy in such
10board may be filled by a new appointment in manner aforesaid.
11Said board of trustees shall make reasonable rules for the
12management of such hospital, and appoint and remove the
13physicians, surgeons, nurses, and other employes necessary for
14the conduct thereof.

15Section 4505. Appropriations or Other Assistance for
16Hospitals.--Council may make appropriations for the support or
17assistance of hospitals within or near the city or, in lieu
18thereof, council may provide for services to such hospitals at
19the city's expense and with materials or equipment of the city.]

20Section 433. The act is amended by adding an article to
21read:

22ARTICLE XLV-A

23ASSESSMENTS FOR PUBLIC IMPROVEMENTS

24Section 4501-A. Authority to assess.

25(a) Authority.--In cases in which one or more properties are
26benefited from a public improvement, unless otherwise provided
27for in this act, a city shall be authorized to assess, as
28provided in this article, all or any portion of the costs of the
29public improvement, including any related administrative fees,
30against those properties that are benefited by the public

1improvement.

2(b) Payment of costs.--Unless otherwise provided in this
3act, in addition to the authority to assess the cost of public
4improvements against properties benefited, a city shall have the
5power to pay for the cost of public improvements, in whole or in
6part, from general city funds or, if authorized, from a special
7city fund dedicated to that purpose.

8(c) Indebtedness.--If a city incurs indebtedness pursuant to
953 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
10borrowing) for the purposes of funding the cost and expense of
11making public improvements for which assessments can be made in
12accordance with this article, and assessments are made, payments
13made on the assessments must be applied to pay the debt service
14for the indebtedness incurred for funding the cost and expense
15of making the public improvements.

16(d) Definition.--As used in this article, unless the context
17clearly indicates otherwise, the term "public improvement" may
18include, but shall not be limited to, the building, paving,
19grading, rebuilding, repaving and regrading of streets,
20sidewalks, curbs and gutters; the creation, extension and
21renovation of water and sewerage collection, transmission,
22treatment and disposal systems; the creation, extension and
23renovation of storm, surface and subsurface drainage systems;
24the construction, reconstruction and repair of wharves and
25docks; the installation of pipes, wires and conduits relating to
26city-supplied utility services; the installation, maintenance or
27operation of ornamental street lighting; or the planting,
28maintaining, trimming, transplanting, removal and protection of
29shade trees.

30Section 4502-A. Method of assessment.

1(a) Ordinance.--In any case in which council elects to
2exercise the power to make assessments for a given public
3improvement as authorized in section 4501-A, it shall, by
4ordinance and in conformity with this article, establish the
5method and procedure pursuant to which assessments shall be
6made.

7(b) Allocation of costs and expenses.--Council may, by
8ordinance, determine to make the assessment by any means that
9results in fairly allocating all or a portion of the costs and
10expenses of the public improvement among all properties
11benefited thereby in reasonable proportion to the benefits
12conferred upon each property. The methods that may be used to
13make assessments in accordance with this subsection may include,
14but shall not be limited to, an equal assessment per front foot,
15lot, parcel, dwelling unit or square foot or by an assessment
16made by viewers.

17(c) Front foot method.--If the front foot method is used:

18(1) The cost to be collected shall be divided by the
19total number of linear feet of street frontage of all
20properties benefited.

21(2) The assessment against each property shall be that
22portion of the cost which is determined by multiplying the
23dividend under paragraph (1) by the number of linear feet for
24street frontage of that property.

25(3) Council shall have the power and its duty shall be,
26in the case of corner or irregularly shaped lots or where
27special conditions exist, to provide for an equitable
28adjustment, as necessary, to prevent an unjust or excessive
29assessment.

30(d) Assessment based on report of viewers.--In order to pay

1for all or a portion of the cost or expenses of a public
2improvement, council may determine to assess properties
3benefited based upon a report of viewers. Three disinterested
4persons shall be appointed by council as viewers. A majority of
5the viewers shall assess the cost against each property
6benefited in reasonable proportion to the benefits conferred
7upon each property. The viewers, or a majority of them, shall
8make a report in writing which shall specify the amount assessed
9upon each property and shall present the report directly to
10council or file it with the city clerk, as council directs.

11Section 4503-A. Notice of assessment.

12(a) Personal notice.--After the amounts to be assessed
13against the properties to be benefited by the public improvement
14have been calculated pursuant to the method and procedures as
15prescribed by ordinance, the city shall give personal notice of
16the assessment to the owner of each property that is being
17assessed. The notice shall also state that the owner has 30 days
18from receipt of the notice to appeal the assessment.

19(b) Assessment effective.--An assessment made pursuant to
20this article shall become effective 30 days after personal
21notice is given by any of the following means:

22(1) Personal service on the owner.

23(2) Certified mail, addressee only, return receipt
24requested, to the owner at the owner's last known address.

25(3) Posting notice at or upon the property, after
26reasonable attempts to give personal notice pursuant to
27paragraphs (1) and (2) have failed.

28Section 4504-A. Appeals to court.

29Within 30 days after receipt of the notice of assessment, an
30owner of property shall have the right to appeal the assessment

1to the court of common pleas in the county in which the assessed
2property is located. On appeal, unless the court finds fraud,
3mistake or illegality, the court shall be restricted to
4determining the questions of whether the property assessed
5received any special benefits from the improvement and whether
6the assessment made exceeds the special benefits received.

7Section 4505-A. Benefits and damages.

8In any proceeding in which damages to property are being
9sought as a result of a public improvement for which an
10assessment of benefits has been made, the excess of damages over
11benefits, or the excess of benefits over damages, or nothing in
12case the benefits and damages are equal, shall be awarded to or
13assessed against the owner of land and property affected by the
14public improvement.

15Section 4506-A. Return by city of assessments paid on property
16unlawfully assessed.

17The following shall apply with regard to the return of
18payments made on an unlawful assessment:

19(1) If, after a timely appeal, a court makes a final
20determination that a property was unlawfully assessed or that
21the amount assessed exceeded, to a substantial amount, the
22benefits received by the property assessed from the public
23improvement, a city that received money in payment of the
24assessment shall repay the money in an amount as ordered by
25the court.

26(2) Within two years of receiving payment of an
27assessment, the city may repay such money voluntarily if the
28city determines that the assessment or part thereof was made
29erroneously.

30(3) Repayments to property owners pursuant to paragraph

1(1) or (2) shall include interest from the date of payment of
2the unlawful or erroneous assessment at the rate of interest
3that is provided for in 53 Pa.C.S. § 8426 (relating to
4interest on overpayment).

5Section 4507-A. Payment of assessments in installments.

6(a) Authorization.--An ordinance providing for a public
7improvement the expense of which is to be defrayed by an
8assessment against properties benefited by the public
9improvement may authorize the payment of the assessments in
10installments. The ordinance shall set a time when the
11installment payments shall commence and shall specify the length
12of time over which the installments may be extended and whether
13payments are to be made by equal annual or more frequent
14installments. The period during which installments may be paid
15shall not exceed the lesser of ten years or the number of years
16equal to the period of maturity of the bonds issued to fund the
17public improvement.

18(b) Interest rate.--The ordinance shall set forth the rate
19of interest for the installments, which shall not be more than
2010% per year unless a bond is issued for the improvement, in
21which case the maximum interest rate on the installment payments
22shall be pursuant to section 9 of the Municipal Claim and Tax
23Lien Law.

24(c) Written agreement.--The city shall enter into a written
25installment agreement with each property owner that will pay the
26assessment in installments, subject to the requirements of the
27ordinance pertaining to such agreements and this article.

28(d) Installments not paid.--If any of the installments shall
29remain unpaid for 60 days after the same has become due and
30payable, the entire unpaid assessment plus unpaid accrued

1interest and any costs shall be due and payable and the city may
2proceed to collect them by filing a lien in the same manner as
3municipal claims are filed or by action in assumpsit.

4(e) Advance payments.--Any property owner upon whom an
5assessment has been made may pay all or as many of the
6installments before they are due, with interest and costs to the
7due date of the next installment.

8Section 4508-A. Collection of assessments.

9(a) Authority.--Council shall have the power to authorize
10the city treasurer or other city official to collect
11assessments.

12(b) Procedure.--The following shall apply to the collection
13of assessments:

14(1) A city may collect an assessment that remains unpaid
15for 60 days after personal notice was given pursuant to
16section 4503-A, unless an installment agreement has been
17entered into pursuant to section 4507-A.

18(2) An assessment made pursuant to this article may be
19collected in the same manner as municipal claims in the
20Municipal Claim and Tax Lien Law or by an action of assumpsit
21against the owner of the property benefited.

22(3) Interest on an unpaid assessment shall begin to
23accrue from the time of completion of the improvement at a
24rate of 10% per year unless a bond is issued for the
25improvement, in which case the maximum interest rate shall be
26pursuant to section 9 of the Municipal Claim and Tax Lien
27Law.

28(4) If a property owner has two or more lots against
29which there is an assessment for the same improvement, all of
30the lots may be embraced in one claim.

1(5) Assessments, whether paid one time or by
2installments, shall be payable at the office of the city
3treasurer or any other place designated by ordinance.

4Section 434. Article XLVI heading of the act is reenacted to
5read:

6ARTICLE XLVI

7COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND

8COMPROMISE OF CLAIMS

9Section 435. Section 4601 of the act, amended July 25, 1963
10(P.L.283, No.153), is amended to read:

11Section 4601. Collection of Municipal Claims by Suit.--In
12addition to the remedies provided by this act or any other law
13for the filing of liens for the collection of municipal claims,
14including, but not limited to, water rates, sewer rates and the 
15removal of nuisances, all cities may proceed for the recovery
16and collection of municipal claims by action of assumpsit
17against the person or persons who were the owner or owners of
18the property at the time of the completion of the improvement, 
19or at the time the water or sewer rates or the cost of the 
20removal of nuisances first became payable, notwithstanding the
21fact that there was a failure on the part of [any such] the
22city, or its agents, to enter [any such] the municipal claim as
23a lien against the property assessed for the improvement or for 
24the furnishing of water or sewer services or for the removal of 
25nuisances, and for the recovery of which the action of assumpsit
26was brought. [Any such] The action in assumpsit shall be
27commenced either within six years after the completion of the
28improvement from which [said] the claim arises or within six 
29years after the water or sewer rates or the cost of abating a 
30nuisance first became payable.

1This section shall extend to all municipal claims [where the
2improvement was] for improvements heretofore made, where the
3action of assumpsit has been instituted under the provisions of
4prior acts of Assembly, and where the claim was not barred by
5the statute of limitations affecting actions of assumpsit.

6Section 436. Section 4602 of the act is amended to read:

7Section 4602. Compromise of Municipal Claims[; Court
8Approval.--Whenever].--(a) If any city has any municipal claim
9entered in the office of the prothonotary as a lien against real
10estate, [which said] and if the claim has existed for ten years
11or more, council may[, with the approval of the court of common
12pleas,] agree with the owner of [such] the real estate to
13accept, in compromise or reduction of the amount of the claim
14and the interest charges, expenses and fees added thereto and
15due thereon, any sum less than the whole of such amount so due.

16(b) Upon receipt of the compromise amount as agreed upon,
17the city shall cause the lien to be properly satisfied on the
18record, which satisfaction shall be as effective as if the whole
19amount of the claim, interest, charges, expenses and fees had
20been paid, and the claim shall no longer be a lien against the
21real estate or a claim against the owner thereof.

22(c) The provisions of this section permitting compromise of
23municipal claims shall not apply to or in any manner affect any
24claims, the assessments for which are the sole basis of
25improvement bonds issued by any political subdivision and which
26are the security for the payment thereof, or any claims, the
27assessments for which have heretofore been assigned by any
28political subdivision to any contractor in payment of the amount
29due the contractor under terms of the contract for the
30improvement for which the assessment was levied.

1Section 437. Sections 4603 and 4604 of the act are repealed:

2[Section 4603. Satisfaction.--Upon receipt of the compromise
3amount so agreed upon and approved, the city shall cause the
4lien to be properly satisfied on the record, which satisfaction
5shall be as effective as if the whole amount of the claim,
6interest, charges, expenses and fees had been paid, and such
7claim shall no longer be a lien against the real estate or a
8claim against the said owner thereof.

9Section 4604. Certain Claims Excluded.--The provisions of
10sections four thousand six hundred two and four thousand six
11hundred three shall not apply to or in any manner affect any
12claims, the assessments for which are the sole basis of
13improvement bonds issued by any political subdivision and which
14are the security for the payment thereof, or any claims, the
15assessments for which have heretofore been assigned by any
16political subdivision to any contractor in payment of the amount
17due him under terms of the contract for the improvement for
18which the assessment was levied.]

19Section 438. Article XLVII heading of the act is reenacted
20to read:

21ARTICLE XLVII

22ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

23Section 439. Section 4701 of the act is amended to read:

24Section 4701. Repeals and Saving Clause.--(a) Nothing 
25contained in this act revives any act, or part of any act, 
26repealed by the act reenacted, amended or revised by this act.

27(b) The following acts and parts of acts of Assembly are
28hereby repealed as particularly set forth:

29The act, approved the twenty-fifth day of March, one thousand
30eight hundred seventy-eight (Pamphlet Laws 8), entitled "An act

1authorizing cities of the third class to levy and collect taxes
2for park purposes, and curing any defects in previous levies,"
3absolutely.

4The act, approved the thirty-first day of May, one thousand
5nine hundred nineteen (Pamphlet Laws 358, Number 172), "An act
6to amend section three, article five of the act, approved the
7twenty-seventh day of June, one thousand nine hundred thirteen
8(Pamphlet Laws 568), entitled 'An act providing for the
9incorporation, regulation, and government of cities of the third
10class; regulating nomination and election of municipal officers
11therein; and repealing, consolidating, and extending existing
12laws in relation thereto,' by adding thereto clause forty-nine
13relative to the collection and disposal of garbage, ashes, and
14other waste and refuse matter," absolutely.

15The act, approved the fourth day of June, one thousand nine
16hundred nineteen (Pamphlet Laws 373), entitled "An act to amend
17section three, article five of the act, approved the twenty-
18seventh day of June, one thousand nine hundred thirteen
19(Pamphlet Laws, five hundred and sixty-eight), entitled 'An act
20providing for the incorporation, regulation, and government of
21cities of the third class; regulating nomination and election of
22municipal officers therein; and repealing, consolidating, and
23extending existing laws in relation thereto,' by adding thereto
24clause forty-nine, relative to appropriations for municipal
25music," absolutely.

26The act, approved the tenth day of March, one thousand nine
27hundred twenty-one (Pamphlet Laws 29, Number 10), entitled "An
28act for the relief of certain county treasurers and county tax
29collectors, in the settlement of county, poor, and State taxes,
30in cities of the third class," absolutely.

1The act, approved the twenty-second day of April, one
2thousand nine hundred twenty-seven (Pamphlet Laws 358), entitled
3"An act authorizing and empowering cities of the third class to
4recognize the moral obligation of the city to pay just claims
5against the city, although under existing laws no legal recovery
6could be had against the city," absolutely.

7Section seven hundred twenty-three of the act, approved the
8first day of May, one thousand nine hundred twenty-nine
9(Pamphlet Laws 905), entitled "An act for the protection of the
10public safety; regulating the use of highways, and the operation
11of vehicles, tractors, street cars, trackless trolley omnibuses,
12bicycles, pedestrians, and the riding of animals upon the
13highways of this Commonwealth; providing for the titling,
14including liens, encumbrances, and legal claims; registration of
15certain vehicles and licensing the operators thereof, upon
16payment of prescribed fees; prescribing and limiting the powers
17of local authorities to deal with the subject matter of this
18act; conferring powers and imposing duties upon the Department
19of Revenue, the Department of Highways, peace officers, mayors,
20burgesses, magistrates, aldermen, justices of the peace, the
21courts and the clerks thereof, owners of vehicles, and garage
22keepers; providing that records are admissible as evidence;
23imposing upon owners, counties, cities, boroughs, incorporated
24towns, townships, within the Commonwealth, liability for damages
25caused by the negligent operation of their motor vehicles;
26imposing penalties; imposing certain costs upon counties;
27providing for the disposition of fines, forfeitures, fees, and
28miscellaneous receipts; making an appropriation and providing
29for refunds," in so far as inconsistent with the provisions of
30this act.

1The act, approved the seventeenth day of May, one thousand
2nine hundred twenty-nine (Pamphlet Laws 1801), entitled "An act
3authorizing cities of the third class to provide, by ordinance,
4for the payment for public work or improvements heretofore made
5for or furnished to the city, and accepted and used by the city,
6where no legal or valid contract was entered into as required by
7law," absolutely.

8The act, approved the twenty-second day of May, one thousand
9nine hundred thirty-three (Pamphlet Laws 923), entitled "An act
10to authorize cities of the third class to sue out writs of scire
11facias on certain municipal claims, where more than five years
12have elapsed since said claims were filed, and to reduce such
13claims to judgment; and providing for the revival and collection
14of such judgments," absolutely.

15The act, approved the thirty-first day of May, one thousand
16nine hundred thirty-three (Pamphlet Laws 1108, Number 272),
17entitled "An act providing for the appointment, promotion,
18reduction, removal and reinstatement of paid officers, firemen
19and employes of fire departments and of fire alarm operators and
20fire box inspectors in the bureaus of electricity in cities of
21the third class; defining the powers and duties of civil service
22commissions for such purposes; and fixing penalties,"
23absolutely.

24The act, approved the sixteenth day of May, one thousand nine
25hundred thirty-five (Pamphlet Laws 176, Number 82), entitled "An
26act requiring cities of the second and third class to allow
27members of the police departments, twenty-four consecutive hours
28of rest each week, and fourteen days vacation each year, except
29in emergency cases," so far as it relates to cities of the third
30class.

1The act, approved the first day of May, one thousand nine
2hundred thirty-nine (Pamphlet Laws 40), entitled "An act to
3amend the title and the act, approved the sixteenth day of May,
4one thousand nine hundred thirty-five (Pamphlet Laws, one
5hundred seventy-six), entitled 'An act requiring cities of the
6second and third class to allow members of the police
7departments, twenty-four consecutive hours of rest each week,
8and fourteen days vacation each year, except in emergency
9cases,' extending the provisions of said act to cities of the
10second class A," so far as it relates to cities of the third
11class.

12Sections six hundred eighty-two and six hundred ninety of the
13act, approved the twenty-fourth day of June, one thousand nine
14hundred thirty-nine (Pamphlet Laws 872), entitled "An act to
15consolidate, amend and revise the penal laws of the
16Commonwealth," so far as they relate to cities of the third
17class and are inconsistent with the provisions of this act.

18The act, approved the twenty-third day of May, one thousand
19nine hundred forty-five (Pamphlet Laws 907), entitled "An act
20authorizing cities of the third class, with the approval of the
21court of common pleas, to accept less than the full amount of
22certain municipal claims filed as a lien against real estate in
23compromise settlements thereof," absolutely.

24The act, approved the second day of May, one thousand nine
25hundred forty-seven (Pamphlet Laws 149), entitled "An act
26authorizing cities to enact ordinances prohibiting smoking or
27the carrying of lighted cigarettes, cigars, pipes or matches or
28using matches or other fire producing devices in certain retail
29stores within such cities and to provide penalties therefor," so
30far as it relates to cities of the third class.

1(c) All other acts or parts of acts of Assembly supplied by
2or inconsistent with the provisions of this act are hereby
3repealed. It is the intention that this act shall furnish a
4complete and exclusive system for the government and regulation
5of cities of the third class, except as to the several matters
6enumerated in section [one hundred and three of this act] 103.

7 [But nothing] (d) Nothing contained in this act shall be
8construed to repeal any local or special laws; or to repeal the
9provisions of 66 Pa.C.S. Pt. I, known as the Public Utility
10[Law] Code; or any law relating to the Board of Commissioners of
11Navigation for the River Delaware and its navigable tributaries;
12or the provisions of any law, the enforcement of which is vested
13in the Department of Health or the [Sanitary Water Board]
14Department of Environmental Protection; or the provisions of any
15law, the enforcement of which is vested in the Department of
16[Forests and Waters] Conservation and Natural Resources [or the
17Water and Power Resources Board]; or the provisions of 74
18Pa.C.S. Ch. 59, Subch. B, known as the Airport Zoning Act; [or
19any of the provisions of the act, approved the thirty-first day
20of May, one thousand nine hundred thirty-three (Pamphlet Laws
211108); or any of the provisions of the act, approved the
22thirteenth day of May, one thousand nine hundred thirty-seven
23(Pamphlet Laws 620); or any of the provisions of the act,
24approved the second day of July, one thousand nine hundred
25thirty-seven (Pamphlet Laws 2803),]; or any of the provisions of
26the act, approved [the twenty-third day of May, one thousand
27nine hundred forty-five (Pamphlet Laws 903)] May 23, 1945
28(P.L.903, No.362); or any amendments or supplements of them; or
29any laws or parts of laws pertaining to civil defense.

30(e) Nothing in this act shall be construed to repeal any

1provision in or the act of February 14, 2008 (P.L.6, No.3),
2known as the "Right-to-Know Law," any provision of 45 Pa.C.S.
3(relating to legal notices) or any provision of 65 Pa.C.S.
4(relating to public officers).

5Section 440. Termination and continuation of civil service
6boards. Civil service boards shall be terminated and continued
7as follows:

8(1) All civil service boards created prior to the
9effective date of this section, and pursuant to the act,
10whether for uniformed or nonuniformed employees, or pursuant
11to the act of May 31, 1933 (P.L.1108, No.272) entitled "An
12act validating sheriff's sales of real estate on judgments of
13foreclosure in scire facias sur mortgage cases when the
14release of the mortgagor from liability was not filed with
15the praecipe," shall be abolished except as provided in
16paragraph (2).

17(2) No civil service board before which proceedings
18under section 4408 of the act or under section 10 of the act
19of May 31, 1933 (P.L.1108, No.272), have been initiated or
20are pending as of the effective date of this section may be
21abolished until the conclusion of those proceedings before
22the respective board.

23(3) Any civil service proceedings initiated after the
24effective date of this section shall be before the new civil
25service board created in accordance with Article XLIV of the
26act.

27Section 441. This act shall take effect in 60 days.