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.

1ARTICLE II

2PROCEDURES FOR INCORPORATION

3Section 200. Definitions.

4Section 201. Creation of Cities.

5Section 203.1. Incorporating Resolution.

6Section 204. Resolution Certified to County Board of Election;
7Form of Question.

8Section 204.1. Notice of Election.

9Section 205. Returns of Election.

10Section 206. Effect of Vote Against Incorporating as City.

11Section 207. Governor to Issue Letters Patent; Boundaries.

12Section 208. Property of Entities Vested in City.

13Section 209. Existing Governments Temporarily Preserved; City
14Organization.

15Section 210. Existing Liabilities, Debts and Claims Transferred
16to New City.

17ARTICLE III

18CHANGE OF CORPORATE TITLE

19Section 301. Resolution and Petition to Change Corporate Title.

20Section 302. Hearing; Decree.

21Section 303. Recording Decree.

22Section 304. Existing Rights and Liabilities Preserved.

23ARTICLE IV

24CREATION AND DIVISION OF WARDS

25Section 401. General Power of Council in Creation or Division
26of Wards.

27Section 401.1. Petition of Registered Voters.

28Section 402. (Reserved).

29Section 403. Appointment of Commission.

30Section 403.1. Expenses of Commissioners.

1Section 403.2. Report.

2Section 404. Election.

3Section 405. Notice of Election; Review of Report.

4Section 406. Election Laws to Apply.

5Section 407. Computing Vote; Return; Resubmission of Question.

6Section 408. Change of Ward Lines by Council.

7Section 409. Pennsylvania Election Code.

8ARTICLE VI

9CITY BOUNDARIES

10Section 601. Navigable Stream Boundaries.

11Section 602. Court to Establish Disputed Boundaries.

12Section 603. Petition to Court; Commissioners; Report.

13Section 604. Exceptions and Procedure.

14Section 605. Pay and Expenses of Commissioners.

15Section 606. Boundary Monuments.

16ARTICLE VII

17ELECTED OFFICERS AND ELECTIONS

18Section 701. Elected Officers; Term; Eligible to Reelection;
19Vacancies Where Elected Officer Fails to Qualify.

20Section 702. First Elections in Newly Created Cities.

21Section 703. Nominations and Elections.

22Section 704. Certificates of Election.

23ARTICLE VIII

24VACANCIES IN OFFICE

25Section 801. Vacancies in Council and Office of Mayor.

26Section 802. Vacancy in Office of Controller or of Treasurer.

27ARTICLE IX

28GENERAL PROVISIONS RELATING TO CITY

29OFFICERS AND EMPLOYES

30Section 901. Appointment and Removal of Officers and Employes;

1Removal From Elective Office; Employes Not to Hold
2Elective Office.

3Section 902. Officers and Employes; Number; Duties;
4Compensation.

5Section 903. Changes in Salary, Compensation and Emoluments of
6Officers.

7Section 904. Offices to be Held until Qualification of
8Successors.

9Section 905. Oath of Office; Violation of Oath; Penalty.

10Section 906. Bond to be Given by Officers and Agents.

11Section 907. Surety Bonds; Insurance; Premiums.

12Section 908. Officers not to Become Surety on Bonds Given to
13City; Penalty.

14Section 909. Moneys and Accounts to be Delivered by Officer to
15Successor.

16Section 916. Municipal League and Other Municipal Affairs
17Organizations.

18Section 917. Powers of Subpoena; Compelling Testimony.

19Section 918. Consolidation or Integration of Fire and Police
20Personnel Prohibited.

21ARTICLE X

22THE COUNCIL

23(a) General Provisions

24Section 1001. Qualifications of Council Members.

25Section 1002. Vesting of Legislative Power.

26Section 1003. Organization of Council.

27Section 1004. Oath of Council Members; Quorum; Rules.

28Section 1005. Meetings of Council; Notice; Participation by
29Telecommunication Device.

30Section 1015. Attendance of Witnesses and Production of Books

1Before Council or Committee of Council.

2Section 1016. Salaries.

3Section 1016.1. Appointment of City Clerk.

4(a.1) Ordinances

5Section 1018.1. Ordinances and resolutions.

6Section 1018.2. Voting; no veto; vote necessary to enact
7ordinances or adopt resolutions.

8Section 1018.3. Journal of proceedings; recording and
9withholding of vote.

10Section 1018.4. Signing and attesting ordinances.

11Section 1018.5. Proposed ordinances; titles.

12Section 1018.6. Reading of proposed ordinances; final
13enactment.

14Section 1018.7. Payments not authorized by law.

15Section 1018.8. Time of taking effect of ordinances.

16Section 1018.9. Publication of proposed ordinances.

17Section 1018.10. Filing of proposed ordinances.

18Section 1018.11. Records of ordinances maintained by city
19clerk.

20Section 1018.12. Proof and evidence.

21Section 1018.13. Standard or nationally recognized codes.

22Section 1018.14. Maps, plans or drawings.

23Section 1018.15. Codification of ordinances.

24Section 1018.16. Enforcement of ordinances; recovery and
25payment of fines and penalties.

26Section 1018.17. Penalty.

27(b) Initiating Ordinances by Electors

28Section 1030. Initiation of Proposed Ordinances by Petition;
29Exceptions.

30Section 1031. Petition; Notice.

1Section 1032. Signing; Oath.

2Section 1033. Number of Signatures; Examination and Certificate
3by City Clerk.

4Section 1034. Submission to Council.

5Section 1035. Actions by Council; Notices.

6Section 1036. Form of Ballot on Submission to Vote.

7Section 1037. Effect of Majority Vote.

8Section 1038. No Repeal Within Two Years.

9Section 1039. Number of Proposed Ordinances to be Submitted;
10Elections Limited.

11Section 1040. Submission for Repeal by Council.

12Section 1041. Publication of Proposed Ordinance; Repeal or
13Amendment.

14(c) Reconsidering Ordinances by Electors

15Section 1050. Time Ordinances Go Into Effect.

16Section 1051. Petition; Reconsideration of Ordinance.

17Section 1052. Preparation of Petition by City Clerk; Notice.

18Section 1053. Additional Petitions.

19Section 1054. Signatures; Oath; Time of Signing.

20Section 1055. Presentation of Petition to Council.

21Section 1056. Ascertainment of Number of Signers; Report.

22Section 1059. Effect of Petition; Submission to Voters.

23Section 1060. Certification to County Board of Elections;
24Ballots or Ballot Labels; Expense of Elections.

25Section 1061. Form of Ballot or Ballot Label.

26Section 1062. Computing and Filing Returns.

27Section 1063. Effect of the Vote.

28Section 1064. Publication of Ordinance Before Election.

29ARTICLE XI

30THE EXECUTIVE DEPARTMENT

1Section 1101. Executive Departments.

2Section 1102. Determination of Powers and Duties of
3Departments.

4Section 1103. Designation of Department Directors; Changes.

5Section 1104. Department Directors Responsible for City
6Property and Supplies; Perpetual Inventory Reports.

7Section 1105. Quarterly Reports from Directors of Departments.

8ARTICLE XII

9THE MAYOR

10Section 1201. Qualifications.

11Section 1202. Chief Executive; Inauguration.

12Section 1203. Execution of Laws; Powers of Sheriff Conferred;
13Emergency Powers.

14Section 1204. Official Seal of Mayor.

15Section 1205. Supervision of Conduct of City Officers.

16Section 1206. Report of Mayor to Council; Information from
17Directors of Departments.

18Section 1207. Power to Take Acknowledgments and Oaths and to
19Formalize Marriages.

20Section 1208. Salary.

21Section 1209. Acting Mayor; Powers and Duties.

22ARTICLE XII-A

23CITY ADMINISTRATOR OR MANAGER

24Section 1201-A. Office of city administrator or manager.

25Section 1202-A. Appointment; selection; removal.

26Section 1203-A. Employment agreement.

27Section 1204-A. Residency and elective city office.

28Section 1205-A. Powers and duties.

29ARTICLE XIV

30THE CITY TREASURER

1Section 1401. Qualifications.

2Section 1402. Bond; Insurance; Salary.

3Section 1402.1. City Treasurer to be Tax Collector.

4Section 1402.2. Date of Delivery of Duplicate; Collection.

5Section 1402.3. Tax Liens; Schedule of Uncollected Taxes;
6Liability for False Return.

7Section 1403. Receipt and Payment of Moneys; Daily Transmittal
8of Receipts; Duplicates.

9Section 1404. Method of Keeping Accounts.

10Section 1405. Moneys Appropriated Only to be Paid Out.

11Section 1406. Depositories of City Funds Entrusted to the
12Treasurer by City Council.

13Section 1407. Delivery of City Property in Treasurer's
14Possession to Successor.

15Section 1408. Appointment of Deputy Treasurer and Employes;
16Powers; Responsibility.

17ARTICLE XV

18THE CITY ENGINEER

19Section 1501. Appointment of City Engineer.

20Section 1502. Control of Engineering Matters.

21Section 1503. Duties.

22Section 1504. Certifying Commencement and Completion of
23Municipal Improvements.

24Section 1505. Surveys; Entering Upon the Lands of Others.

25ARTICLE XVI

26THE CITY SOLICITOR

27Section 1601. Appointment of City Solicitor.

28Section 1602. Direction of Legal Matters.

29Section 1603. Duties.

30Section 1604. Written Opinions to be Furnished.

1Section 1607. Satisfaction of Liens Due City.

2Section 1609. Assistant Solicitor.

3Section 1610. Special Counsel.

4ARTICLE XVII

5THE CITY CONTROLLER

6AND INDEPENDENT AUDITOR

7(a) City Controller

8Section 1701. Qualifications; Bond; Compensation.

9Section 1704. Powers and Duties.

10Section 1704.1. Deputy Controller; Employes.

11Section 1704.2. Temporary Deputy Controller.

12Section 1704.3. Continuation of Office.

13(b) Independent Auditor

14Section 1704.11. Appointment of Independent Auditor.

15Section 1704.12. Powers and Duties of Independent Auditor.

16Section 1705. Annual Report to Council; Filing Copy in Court
17and Appeal.

18ARTICLE XVIII

19ACCOUNTS AND FINANCES

20Section 1801. Fiscal Year.

21Section 1802. Chief Fiscal Officer; Bond; Administering Oaths.

22Section 1803. Deputy.

23Section 1804. Regulations Concerning Appropriation.

24Section 1804.1. Investment of City Funds.

25Section 1805. Countersigning Documents; Money Available;
26Evidence Required.

27Section 1806. Record of Assets, Property, Trusts, Debts Due,
28Receipts and Expenditures.

29Section 1807. Supervision of Accounts of Departments.

30Section 1808. Suggestions for Improvement of City Finances.

1Section 1809. Annual Budget; Presentation to Council; Notice;
2Revision; Adoption.

3Section 1810. Amending Budget; Notice.

4Section 1811. Appropriations; Tax Rate; Limitations.

5Section 1811.2. Borrowing in Anticipation of Current Revenue.

6Section 1812. Annual Reports; Publication; Filing Report with
7Department of Community and Economic Development;
8Penalty.

9Section 1813. Committee to Prepare Uniform Forms.

10Section 1814. Annual Reports to Council on Insurance and Bonds.

11ARTICLE XIX

12CONTRACTS

13Section 1901. Power to Make and Regulate Awarding of Contracts.

14Section 1901.1. Contracts or Purchases in Excess of Base Amount 
15of Eighteen Thousand Five Hundred Dollars.

16Section 1901.2. Contracts or Purchases Not in Excess of Base 
17Amount of Eighteen Thousand Five Hundred Dollars.

18Section 1901.3. Determining Amount of Contract.

19Section 1901.4. Contracts or Purchases Not Requiring
20Advertising or Bidding.

21Section 1901.5. Receipt, Opening, Award or Rejection of Bids.

22Section 1901.6. Bid, Performance and Payment Security.

23Section 1901.7. Compliance With Other Laws.

24Section 1901.8. Prohibitions.

25Section 1901.9. Lowest Responsible Bidder.

26Section 1902. Evasion of Advertising Requirements.

27Section 1903.1. Adjustment to Base Amount Based on Consumer
28Price Index for All Urban Consumers.

29Section 1906. Designation of Appropriations; Certification in
30Excess of Appropriation; Contracts for Governmental

1Services for More than One Year.

2Section 1908.1. Purchase Contracts for Petroleum Products; Fire
3Company, Etc., Participation.

4Section 1909. Separate Bids for Plumbing, Heating, Ventilating
5and Electrical Work, Elevators and Escalators.

6Section 1910. Acceptance by Contractor of Workers' Compensation
7Act.

8Section 1911. Contracts for Improvements; Assignment of
9Assessments.

10Section 1912. Architects and Engineers in Employ of City;
11Prohibitions from Bidding on Public Works; Penalty.

12Section 1916. Contracts with Passenger or Transportation
13Companies.

14Section 1917. Sales of Real and Personal Property.

15Section 1919. Sale of Real and Personal Property to Certain
16Entities.

17ARTICLE XX

18POLICE FORCE

19Section 2001. Appointment, Number, Rank, Compensation and
20Qualifications of Police Officers.

21Section 2002. Designation of Chief.

22Section 2003. Extra Police Officers; Compensation.

23Section 2005. Powers of Police Officers to Arrest.

24Section 2006. Service of Process; Fees; Payment into Treasury.

25Section 2007. Supervision by Mayor.

26Section 2008. Extra Compensation Prohibited; Exception;
27Penalty.

28Section 2009. Compensation or Insurance for Volunteer Police
29Officer.

30Section 2010. School Crossing Guards.

1ARTICLE XXI

2FIRE BUREAU

3Section 2101. Organization of Fire Bureau; Maintenance;
4Apparatus.

5Section 2101.1. Appointment and Demotion of Fire Chief.

6Section 2102. Paid Bureau; Election of Officers and Companies.

7Section 2103. Platoon System; Hours of Service.

8Section 2104. Fire Marshal; Powers.

9Section 2105. Obstructing Fire Marshal; Fine.

10Section 2106. Investigation of Cause of Fire; Power of Mayor.

11Section 2107. Fire Chief Ex-officio Fire Marshal.

12Section 2108. Compensation Insurance for Injured Volunteer
13Firefighters or Special Fire Police.

14Section 2109. Salary of Nonunion City Fire Officers.

15ARTICLE XXII

16SURVEYS AND SURFACE SUPPORT

17IN COAL MINING AREAS

18Section 2203. Survey of Mines.

19Section 2204. Operators to Furnish Maps; Contents.

20Section 2205. Extensions to be Placed on Maps.

21Section 2206. Certain Surface Supports Not to be Removed.

22Section 2207. Penalty for Surface Support Violations.

23Section 2209. Enactment of Ordinances.

24ARTICLE XXIII

25PUBLIC HEALTH

26(a) Board of Health

27Section 2301. Board of Health.

28Section 2302. Members of Appointed Boards of Health.

29Section 2303. Oath of Office; Organization; Secretary.

30Section 2304. Duties of Secretary.

1Section 2305. Health Officer; Qualifications; Oath.

2Section 2306. Duties of Health Officer.

3Section 2307. Duties of Board of Health.

4Section 2308. Powers of Board of Health.

5Section 2309. Effect of Rules and Regulations.

6Section 2310. Fees and Penalties.

7Section 2311. Proceedings of Board to be Public.

8(b) Public Nuisances Detrimental

9to Public Health

10Section 2320. Determination of Public Nuisances.

11Section 2321. Abatement of Public Nuisances by Designated
12Department.

13(c) Corporations Acting as Boards of Health

14Section 2330. Board of Directors of Corporation to be Appointed
15Members of Board of Health.

16Section 2332. Power of Board.

17Section 2333. Health Officer.

18Section 2334. Secretary.

19Section 2335. Filling of Vacancies.

20Section 2337. No Compensation for Members.

21Section 2338. Applicability of Subdivision.

22(d) Penalty

23Section 2340. Penalty.

24ARTICLE XXIV

25CORPORATE POWERS

26Section 2402. Powers of Cities.

27Section 2402.1. City Property and Affairs.

28Section 2403. Payment of Debts and Expenses.

29Section 2404. Creation of Capital and Operating Reserve Funds.

30Section 2405. Hiring of Employes; Salaries.

1Section 2406. Creation of Necessary Offices or Boards.

2Section 2407. Lockups.

3Section 2408. Market Places.

4Section 2409. Accumulation of Ashes, Garbage, Solid Waste and
5Refuse Materials.

6Section 2410. Regulation of Pets and Feral Animals.

7Section 2411. Inspection and Regulation of Fireplaces,
8Chimneys, Et Cetera; Smoke Regulations.

9Section 2412. Fireworks and Flammable Articles.

10Section 2413. Regulation of Division Fences, Party Walls,
11Foundations.

12Section 2414. Nuisances.

13Section 2415. Regulation of Encroachments.

14Section 2416. Shade Trees.

15Section 2417. Numbering of Buildings.

16Section 2418. Transportation Stands.

17Section 2419. Police Force.

18Section 2420. Police Regulations.

19Section 2421. Rewards.

20Section 2422. Prevent Riots.

21Section 2423. Regulate Discharge of Guns and Deadly Weapons.

22Section 2424. Racing; Dangerous Practices; Et Cetera.

23Section 2425. Bathing; Recreational Swimming Establishments;
24Boat Houses and Bath Houses.

25Section 2426. Musical Entertainment.

26Section 2427. Aid to Historical Societies.

27Section 2428. Establishment of Institutions to Collect
28Educational Collections.

29Section 2429. Ambulances and Rescue and Life Saving Services.

30Section 2430. Insurance.

1Section 2431. Parking Lots.

2Section 2432. Disorderly Conduct.

3Section 2433. Official Expenses on City Business.

4Section 2434. Municipality Authorities; Cooperation with Other
5Political Subdivisions.

6Section 2435. Local Self-Government.

7Section 2436. Historical Property.

8Section 2437. Appropriations for Handling, Storage and
9Distribution of Surplus Foods.

10Section 2438. Junk Dealers and Junk Yards.

11Section 2439. Appropriations for Industrial Promotions.

12Section 2440. Non-debt Revenue Bonds.

13Section 2441. Appropriations for Urban Common Carrier Mass
14Transportation.

15Section 2442. Appropriation for Nonprofit Art Corporation.

16Section 2443. Ratification and Validation of Real Estate Sales.

17Section 2444. Maintenance and Validation of Certain Records.

18Section 2445. Rights Within Streets and Rights-of-Way.

19Section 2446. Emergency Services.

20Section 2447. Charitable Purposes.

21ARTICLE XXV

22TAXATION

23(a) Assessments of Property for Taxation

24Section 2522. Assessment Powers.

25(b) Levy and Collections

26Section 2531. Tax Levies.

27Section 2531.1. Exemptions from Taxation.

28Section 2531.2. Certification of Schedule.

29(c) Sales of Real Estate for Delinquent Taxes

30Section 2542.1. Public Sale of Property to Satisfy Tax Claims.

1Section 2543. Certification of Schedules to Treasurer.

2Section 2546. Record of Sales and Resale.

3Section 2562.1. Conduct of Tax Sales.

4ARTICLE XXVI

5LICENSES AND LICENSE FEES

6Section 2601. Licensing and Regulatory Powers.

7Section 2601.1. Registration of Businesses or Occupations.

8Section 2602. Regulation of Motor Vehicles.

9Section 2603. Licensing of Plumbers.

10Section 2604. Power to Regulate and License Transient
11Merchants.

12Section 2605. Regulation of Special Events.

13Section 2650. Regulation of Parking Lot and Parking Garage
14Operators.

15Section 2651. Farmers.

16Section 2652. Insurance Business.

17Section 2653. Persons Taking Orders by Samples.

18Section 2654. Commonwealth License Saved.

19ARTICLE XXVII

20REAL ESTATE REGISTRY

21Section 2704. Real Estate Registry.

22ARTICLE XXVII-A

23NUISANCE ABATEMENT

24Section 2701-A. Definitions.

25Section 2702-A. Report and investigation of public nuisance.

26Section 2703-A. Summary abatement.

27Section 2704-A. Prior notice of abatement.

28Section 2705-A. Abatement by owner.

29Section 2706-A. Appeal after notice; hearing.

30Section 2707-A. Abatement by city after notice; statement of

1costs.

2Section 2708-A. Assistance in abatement.

3Section 2709-A. Salvage of material.

4Section 2710-A. Notice of assessment; appeal of charges.

5Section 2711-A. Personal liability of owner.

6Section 2712-A. Administrative fee and civil penalties.

7ARTICLE XXVIII

8EMINENT DOMAIN

9Section 2801. Exercise of Eminent Domain.

10Section 2802. Restrictions as to Certain Property.

11Section 2803. Title Acquired.

12Section 2824. Assessment Awards.

13ARTICLE XXIX

14STREETS

15Section 2901. Map of Streets.

16Section 2902. Laying Out Streets.

17Section 2903. Effect of Laying Out of Street.

18Section 2904. Improvements Within Laid-Out Streets.

19Section 2915. Power to Open, Etc.

20Section 2916. Ordinances When No Petition is Presented.

21Section 2917. Erection of Improvements Restricted.

22Section 2918. Petition for Opening, Etc.

23Section 2919. Notice of Petition.

24Section 2922. Assessment of Damages and Benefits.

25Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.

26Section 2931. Payment of Cost of Improvement.

27Section 2938. Preparation of Streets for Paving or Repairing.

28Section 2939. Highways in Cities.

29Section 2950. Grade Crossing; Pennsylvania Public Utility
30Commission; Jurisdiction; Damages.

1Section 2955. Acquisition of Unobstructed Views.

2Section 2960. Use of Abutting Lands for Embankments, Slopes,
3Fills, and Culverts.

4Section 2970. Appropriation for Connections with Highways.

5Section 2975. Street Closings; Detours.

6Section 2985. Maintenance of Streets Forming Boundaries.

7Section 2986. Streets, the Center Line of Which Is the Boundary
8Between City and Another Municipal Corporation.

9Section 2988. Streets More Than Half of Whose Width is Within
10City.

11Section 2989. Assessment for Improvements on Property Outside
12Limits Where Street Entirely Within City.

13ARTICLE XXX

14SIDEWALKS

15Section 3001. Power to Lay Out and Grade Sidewalks; Compel
16Construction of Sidewalks.

17Section 3002. Construction by Cities Upon Failure of Owner So
18to Do; Collection of Cost.

19Section 3002.1. Ordinances.

20Section 3003. Emergency Repairs; Notice; Cost.

21ARTICLE XXXI

22BRIDGES

23Section 3101. Construction and Maintenance of Bridges.

24Section 3102. Ordinance for Location of Bridges; Procedure.

25Section 3103. Right to Appropriate Property; Assessment of
26Damages.

27Section 3110. Agreement for Joint Construction and Maintenance.

28Section 3114. Recording of Contract.

29Section 3115. Power to Construct Boundary Bridges.

30Section 3135. Acquisition of Existing Bridges.

1ARTICLE XXXII

2SANITARY SEWERS

3Section 3201. Construction of Sanitary Sewers; Cost; Eminent
4Domain.

5Section 3201.1. Required Connection; Fees.

6Section 3206. Construction of Sanitary Sewage Treatment Works;
7Assessment of Cost.

8Section 3213.1. Rental Fees or Charges.

9Section 3222.1. Acquisition of Existing Sanitary Sewer Systems.

10Section 3230. Sewers Outside Cartway and Curb Lines.

11Section 3240. Building Joint Sewers.

12Section 3241. Approval of Department of Environmental
13Protection.

14Section 3245.1. Municipal Corporation; Municipal Authority;
15Agreements for Connections; Appointment of Viewers.

16Section 3250. Sewers Extending Outside of City.

17ARTICLE XXXIV

18WATERCOURSES, FLOOD PROTECTION PROJECTS

19AND STORM WATER SYSTEMS

20Section 3401. Establishing and Changing Watercourses, Flood
21Protection Projects and Storm Water Systems; Removing
22Obstructions.

23Section 3407. Assessment of Benefits; Liens.

24Section 3408. Waters Excepted.

25ARTICLE XXXV

26UTILITY SERVICE

27Section 3501.1. Right to Furnish Water, Lighting, Electric, Gas
28or Other Similar Utility Service.

29Section 3540.1. Power to Furnish Utilities to Consumers Outside
30City.

1Section 3585. Payment of Cost of Extensions.

2Section 3587. Fixing Rates.

3Section 3588. Collection of Utility Charges.

4Section 3590. Disposition of Revenues.

5ARTICLE XXXVI

6PUBLIC BUILDINGS AND WORKS

7Section 3601. Public Buildings Generally.

8Section 3603. Payment of Cost of Erection and Maintenance.

9Section 3605. Donation of Land by City for Library Purposes;
10Contributions toward Maintenance.

11Section 3606. Rental of Public Auditorium; Disposition of
12Proceeds.

13Section 3607. Long-Term Improvement Leases.

14ARTICLE XXXVII

15PARKS, PLAYGROUNDS, AND RECREATION CENTERS

16Section 3703. Acquisition of Lands and Buildings.

17Section 3703.1. Powers of Council; Delegation.

18Section 3705. Creation and Composition of Recreation Board.

19Section 3706. Organization of Board.

20Section 3707. Joint Ownership and Maintenance.

21Section 3708. Borrowing.

22Section 3709. Maintenance and Tax Levy.

23Section 3709.1. City Trusts.

24Section 3718. Park Rangers.

25ARTICLE XLI-A

26UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,

27AND RESERVED POWERS

28Section 4101-A. Primacy of certain codes.

29Section 4102-A. Changes in Uniform Construction Code.

30Section 4103-A. Public nuisance.

1Section 4104-A. Property maintenance code.

2Section 4105-A. Reserved powers.

3ARTICLE XLII

4AERONAUTICS

5Section 4201. Power to Acquire Land for Aeronautical Purposes;
6Maintenance of Municipal Airport.

7Section 4203. Leasing of Land Acquired for Aeronautical
8Purposes.

9Section 4204. Operation of Facilities Jointly.

10Section 4205. Appropriation for Support of Air Navigation
11Facilities.

12ARTICLE XLIII

13PENSIONS

14(a) Police

15Section 4301. Police Pension Fund.

16Section 4302. Retirement; Final Discharge.

17Section 4302.1. Limited Vested Benefit.

18Section 4303. Allowances and Service Increments.

19Section 4303.1. Increase of Allowances After Retirement.

20Section 4303.2. Total Disability.

21Section 4304. Inalienable Rights in Fund.

22Section 4305. Payments to Police Pension Fund by City.

23Section 4306. Management of Police Pension Fund.

24Section 4307. Trusts for Benefit of Police Pension Fund.

25Section 4308. Repayment Before Retirement.

26Section 4309. Definitions.

27(b) Firefighters

28Section 4320. Firefighters' Pension Fund; Management; Annuity
29Contracts.

30Section 4320.1. Limited Vested Benefit for Firefighters.

1Section 4321. Retirement; Final Discharge.

2Section 4322. Pensions and Service Increments.

3Section 4322.1. Increase of Allowances After Retirement.

4Section 4323. Causes for Forfeiture of Rights in Fund; Other
5Employments.

6Section 4324. Payments to Firefighters' Pension Fund by City.

7Section 4325. Transfers from Other Pension Funds.

8Section 4326. Trusts for Benefit of Firefighters' Pension Fund.

9Section 4327. Repayment Before Retirement.

10Section 4328. Definitions.

11(c) Pension Funds for Employes Other Than

12Police Officers and City-Paid Firefighters

13Section 4340. Pension Funds for Employes other than Police or
14City-Paid Firefighters.

15Section 4341. Pension Board; Duties.

16Section 4342. Retirement Age.

17Section 4343. Retirement Allowance; Proof of Disability; Joint
18and Single Coverage Members Defined.

19Section 4343.1. Retirement Allowances; Full Coverage; Payments.

20Section 4343.2. Limited Vested Benefit.

21Section 4344. Amount of Payments into Fund; Repayment before
22Retirement.

23Section 4344.1. Determination of Liability Upon Extension of
24Social Security.

25Section 4345. Payments by Laborers Optional.

26Section 4346. Heads of Departments to Certify List of Employes.

27Section 4347. Receipt, Investment and Payment of Funds.

28Section 4348. Appropriations and Contributions to Fund.

29Section 4349. Application.

30Section 4350. Computation of Time of Service.

1Section 4351. Funds Payable to be Free of Attachment.

2Section 4352. Definitions.

3Section 4353. Beneficiaries of Fund not to be Employed by City.

4(d) Beneficiaries Serving in Elective Office

5Section 4361. Right to a Pension if Salary Refused.

6ARTICLE XLIV

7CIVIL SERVICE

8Section 4401. Examinations Required of All Appointees.

9Section 4402. Appointment of Examining Board.

10Section 4402.1. Existing Civil Service Positions.

11Section 4403. Terms; Filling of Vacancies; Compensation;
12Quorum.

13Section 4403.1. Alternate Board Members.

14Section 4403.2. Investigations and Subpoenas.

15Section 4404. Rules and Regulations; Examinations.

16SECTION 4404.1. Physical and Psychological Medical
17Examinations.

18Section 4405.1. Veterans' Preference.

19Section 4406. Selection of Appointee from Certified List of
20Applicants.

21Section 4406.1 Promotions.

22Section 4407. Tenure; Temporary Appointments.

23Section 4408. Suspension, Discharge and Discipline; Reduction
24of Employes; Appeals.

25Section 4409. Secretary; Compensation.

26Section 4410. Review of Eligibility Lists.

27ARTICLE XLIV-A

28VETERANS' AFFAIRS

29(a) Support of Veterans' Organizations

30Section 4401-A. Appropriation to post of veterans.

1Section 4402-A. Rooms for meetings of veterans.

2(b) Pennsylvania National Guard

3Section 4411-A. Support of Pennsylvania National Guard units.

4Section 4412-A. Assistance in erection of armories.

5Section 4413-A. Eminent domain for National Guard purposes.

6Section 4414-A. Lands for armory purposes.

7(c) Burials and Memorials

8Section 4421-A. Purchase of burial grounds for deceased service
9persons.

10Section 4422-A. Care of memorials.

11Section 4423-A. Memorial trees.

12Section 4424-A. Penalty for injury to memorial trees.

13ARTICLE XLV-A

14ASSESSMENTS FOR PUBLIC IMPROVEMENTS

15Section 4501-A. Authority to assess.

16Section 4502-A. Method of assessment.

17Section 4503-A. Notice of assessment.

18Section 4504-A. Appeals to court.

19Section 4505-A. Benefits and damages.

20Section 4506-A. Return by city of assessments paid on property
21unlawfully assessed.

22Section 4507-A. Payment of assessments in installments.

23Section 4508-A. Collection of assessments.

24ARTICLE XLVI

25COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND

26COMPROMISE OF CLAIMS

27Section 4601. Collection of Municipal Claims by Suit.

28Section 4602. Compromise of Municipal Claims.

29ARTICLE XLVII

30ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

1Section 4701. Repeals and Savings Clause.

2The General Assembly of the Commonwealth of Pennsylvania
3hereby enacts as follows:

4Section 1. Article I heading of the act of June 23, 1931
5(P.L.932, No.317), known as The Third Class City Code, reenacted
6and amended June 28, 1951 (P.L.662, No.164), is reenacted to
7read:

8ARTICLE I

9PRELIMINARY PROVISIONS

10Section 2. Sections 101, 102, 103, 104, 105, 106, 107, 108
11and 109 of the act are amended to read:

12Section 101. Short Title.--This act shall be known[,] and
13may be cited[,] as "The Third Class City Code."

14Section 102. Definitions.--The following words and terms, as
15used in this act, shall have the meanings herein assigned to
16them, unless the context clearly indicates otherwise:

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

18"Street," any street, avenue, boulevard, parkway, road, lane,
19court, alley, or public square within the city, and any highway
20within the city, as provided in section two thousand nine
21hundred thirty-nine of this act.

22"Highway," a state highway of the Commonwealth of
23Pennsylvania.

24"Bill," any] "Bill." Any proposed ordinance introduced in
25council.

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

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

28"Home Rule Charter and Optional Plans Law." The provisions
29of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and
30optional plan government) and, where applicable, the former act

1of April 13, 1972 (P.L.184, No.62), known as the "Home Rule
2Charter and Optional Plans Law."

3"Municipal authority" or "municipality authority." A body
4politic and corporate created under 53 Pa.C.S. Ch. 56 (relating
5to municipal authorities), under the former act of May 2, 1945
6(P.L.382, No.164), known as the "Municipality Authorities Act of
71945," or under the former act of June 28, 1935 (P.L.463,
8No.191), known as the "Municipality Authorities Act of one
9thousand nine hundred and thirty-five."

10"Municipal Claim and Tax Lien Law." The act of May 16, 1923
11(P.L.207, No.153), referred to as the Municipal Claim and Tax
12Lien Law.

13"Municipal corporation." A city, borough, incorporated town,
14or township.

15"Municipalities Planning Code." The act of July 31, 1968
16(P.L.805, No.247), known as the "Pennsylvania Municipalities
17Planning Code."

18"Municipality." A county, city, borough, incorporated town,
19or township.

20"Pennsylvania Construction Code Act." The act of November
2110, 1999 (P.L.491, No.45), known as the "Pennsylvania
22Construction Code Act."

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

25"Street." Any street, avenue, boulevard, parkway, road,
26lane, court, alley or public square within the city, and any
27highway within the city to the extent that the city is legally
28responsible for it, pursuant to agreement or otherwise.

29Section 103. Excluded Provisions.--This act shall not be
30construed to repeal any acts relating to:

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

2(b) The method of incurring and increasing [of] city
3indebtedness;

4(c) Conduct of elections;

5(d) Public schools, except the collection of school taxes by
6the city treasurer;

7(e) [Aldermen] (Reserved);

8(f) Constables;

9(g) The giving of municipal consent to public [service
10companies] utilities;

11(h) Weights and measures;

12(i) Validations of elections, bonds, ordinances, and acts of
13corporate officers;

14(j) Joint city and county buildings;

15(k) Libraries;

16(l) State highways;

17(m) The joint or several authorities or duties pertaining to
18cities as well as to other classes of political subdivisions by
19virtue of general acts of Assembly.

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

1under the authority of such repealed laws. All ordinances,
2resolutions, regulations and rules made pursuant to any act of
3Assembly repealed by this act[,] shall continue with the same
4force and effect as if such act had not been repealed. Any
5person holding office or position under or by virtue of any act
6of Assembly repealed by this act shall continue to hold such
7office or position until the expiration of the term thereof,
8subject to the conditions and tenure attached to such office or
9position prior to the passage of this act.

10(b) A city shall possess, and city council and other city
11officials may execute, the corporate powers and duties as
12provided in this act and in other laws to the extent that these
13powers and duties are not repealed by this act.

14Section 105. Constitutional Construction.--The provisions of 
15this act shall be severable[, and, if]. If any of its provisions 
16shall be held to be unconstitutional, the decision so holding 
17shall not be construed to affect the validity of any of the 
18remaining provisions of this act. It is hereby declared as the 
19legislative intent that this act would have been adopted had 
20such unconstitutional provisions not been included therein.

21Section 106. Construction of References.--Whenever in this 
22act reference is made to any act by title or otherwise, [such] 
23the reference shall be construed to apply to and include any 
24codification wherein the provisions of the act referred to are 
25substantially reenacted.

26Section 107. Cities to Which Act Applies.--(a) This act
27shall apply to [(a) all]:

28(1) All cities which have been incorporated under or which
29have accepted the provisions of the act of [Assembly, approved
30the twenty-third day of May, one thousand eight hundred and

1seventy-four (Pamphlet Laws 230)] May 23, 1874 (P.L.230, 
2No.152), entitled "An act dividing cities of this State into
3three classes; regulating the passage of ordinances; providing
4for contracts for supplies and work for said cities; authorizing
5the increase of indebtedness, and the creation of a sinking fund
6to redeem the same; defining and punishing certain offenses in
7all of said cities; and providing for the incorporation and
8government of the cities of the third [class," and the
9amendments thereto; (b) all] class."

10(2) All cities which have been incorporated under the
11provisions of the act of May [twenty-third, one thousand eight
12hundred and eighty-nine (Pamphlet Laws 277)] 23, 1889 (P.L.277, 
13No.247), entitled "An act providing for the incorporation and
14government of cities of the third [class," and the amendments
15thereto; (c) all] class."

16(3) All cities which have been incorporated under the
17provisions of the act of [Assembly, approved June twenty-
18seventh, one thousand nine hundred and thirteen (Pamphlet Laws
19568)] June 27, 1913 (P.L.568, No.367), 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," and the
24amendments thereto; (d) all] thereto."

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

1and to become one city, wherever each of said boroughs shall
2have heretofore voted or shall hereafter vote to become a city
3of the third class, under laws now enacted or which may
4hereafter be enacted; and wherever each of said boroughs has
5duly received or shall hereafter duly receive letters patent
6constituting it a city of the third class, but where sufficient
7time shall not have elapsed after the granting of such letters
8patent for the holding of a municipal election; providing for
9the consequences of such consolidation, the government of such
10consolidated city, the payment of the indebtedness of each of
11the united territories and the enforcement of debts and claims
12due to and from each, and fixing the jurisdiction over the said
13consolidated city in the courts of the county in which the
14majority of its inhabitants shall [reside"; and (e) all] 
15reside."

16(5) All cities incorporated under the provisions of this act
17[as therein provided].

18(b) This act shall not be construed as a limitation on the
19ability of a city to do any of the following:

20(1) To continue operating under the form of government
21previously selected and exercising powers previously acquired by
22the city in accordance with the act of July 15, 1957 (P.L.901,
23No.399), known as the "Optional Third Class City Charter Law."

24(2) To adopt or continue utilizing a form of government and
25to acquire or continue exercising powers pursuant to an optional
26plan or a home rule charter which have been or may be adopted in
27accordance with the "Home Rule Charter and Optional Plans Law."

28Section 108. Effective Date.--This act shall go into effect
29on the first day of July, one thousand nine hundred and thirty-
30one. [This reenactment, revision, amendment and consolidation of

1the laws relating to cities of the third class shall become
2effective on the first Monday of January, one thousand nine
3hundred fifty-two.]

4Section 109. Publication of Notices.--Whenever, under the
5provisions of this act, advertisement, notice, or publication is
6required to be published in [one] a newspaper, [such] the
7publication shall be made one time, unless the provision 
8requiring publication specifies otherwise, in [a] at least one
9newspaper of general circulation, as defined [by the Newspaper
10Advertising Act of May sixteen, one thousand nine hundred and
11twenty-nine (Pamphlet Laws 1784), printed] in 45 Pa.C.S. § 101 
12(relating to definitions), published in the city, if there is
13such a newspaper, and if not, then in a newspaper of general 
14circulation circulating generally in [such] the city. If such
15notice is required to be published in more than one newspaper,
16it shall be published in at least one newspaper of general
17circulation, defined as aforesaid, [printed] published, if there
18be such a newspaper, or circulating generally as above provided
19in the city. When [such] the notice relates to any proceeding or
20matter in any court, or the holding of an election for the
21increase of indebtedness, or the issue and sale of bonds to be
22paid by taxation, [such] the notice shall also be published in
23the legal newspaper, if any, designated by the rules of court of
24the proper county for the publication of legal notices and
25advertisements, unless such publication be dispensed with by
26special order of court: Provided, however, That ordinances,
27auditor's statements, summaries of auditor's statements,
28advertisements inviting proposals for public contracts and for
29bids for materials and supplies, or lists of delinquent
30taxpayers, shall be published only in newspapers of general

1circulation, defined as aforesaid.

2Section 3. Article II heading of the act is amended to read:

3ARTICLE II

4PROCEDURES FOR INCORPORATION

5Section 4. The act is amended by adding a section to read:

6Section 200. Definitions.--The following words and terms, as
7used in this article, shall have the meanings assigned to them
8in this section, unless the context clearly indicates otherwise:

9"Incorporation resolution." A resolution to submit, at any
10general or municipal election, a referendum question to the
11registered voters of a municipal corporation.

12"Municipal corporation." A borough, a township of the first
13class, a township of the second class or an incorporated town.

14"Referendum question." The question of whether a municipal
15corporation shall become incorporated as a city of the third
16class to be known as the "City of ........................."

17Section 5. Section 201 of the act is amended to read:

18Section 201. Creation of Cities.--Cities of the third class
19shall be chartered [whenever a majority of the electors of any
20town, township, or borough, or any two or more contiguous towns,
21townships, or boroughs, or any combination thereof, situate
22within the limits of the same county or situate in two or more
23contiguous counties, and having separately or together, as the
24case may be, a population of at least ten thousand according to
25the last preceding United States census, shall each separately
26vote at any general or municipal election in favor of the same.]
27as follows:

28(1) A single municipal corporation, having a population of
29at least ten thousand according to the last preceding United
30States census, may be incorporated as a city in accordance with

1this article, if a majority of the registered voters in the
2municipal corporation cast an affirmative vote in favor of the
3referendum question.

4(2) Two or more contiguous municipal corporations, having
5together a population of at least ten thousand according to the
6last preceding United States census, may be incorporated as a
7city by utilizing 53 Pa.C.S. Ch. 7 Subch. C (relating to
8consolidation and merger) and, in accordance therewith,
9determine whether the newly incorporated city shall be governed
10by this act and other general laws applicable to and governing
11cities.

12Section 6. Sections 202 and 203 of the act are repealed:

13[Section 202. Resolution to Submit Question to Electors.--
14The corporate authorities of any town, township, or borough, or
15of any contiguous towns, townships, or boroughs, as the case may
16be, may, on their own motion, or, upon petition of two hundred
17or more qualified electors thereof, shall, by resolution duly
18passed and recorded among the minutes, submit the question
19whether such town, township, or borough, or whether any
20contiguous towns, townships, or boroughs, shall become a city of
21the third class, to the qualified electors thereof, to be known
22as the "City of ........................."

23Section 203. Notice of Election.--The said corporate
24authorities shall give notice by the publication of said
25resolution, once a week for four successive weeks prior to the
26next general or municipal election, in not more than two
27newspapers of general circulation published or circulating
28generally in said towns, townships, and boroughs, in accord with
29the provisions of section 109 of this act.]

30Section 7. The act is amended by adding a section to read:

1Section 203.1. Incorporating Resolution.--(a) The governing
2body of a municipal corporation may adopt an incorporation
3resolution.

4(b) If two hundred or more registered voters of the
5municipal corporation petition the governing body of the
6municipal corporation for the adoption of a petition resolution,
7the governing body shall adopt the same.

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

9Section 204. Resolution Certified to County Board of
10Election; Form of Question.--The [said corporate authorities
11shall certify said] governing body of a municipal corporation 
12that adopts an incorporation resolution shall certify the 
13incorporation resolution to the county board of elections of the
14proper county or counties[, who shall thereupon cause a proper
15question to be submitted to the qualified electors at the said
16general or municipal election in the said towns, townships, and
17boroughs, in the manner required by the Pennsylvania Election
18Code]. The county board of elections shall, at the general or 
19municipal election, in the manner required by the Pennsylvania 
20Election Code, submit a referendum question to the registered 
21voters of the municipal corporation that has certified an 
22incorporation resolution.

23Section 9. The act is amended by adding a section to read:

24Section 204.1. Notice of Election.--Notice of the election
25at which registered voters of a municipal corporation will be
26voting on a referendum question shall be given by the secretary
27or other person designated by the municipal corporation. The
28notice required by this section shall be published once a week
29for four successive weeks in a newspaper of general circulation
30in the municipal corporation in which the referendum question

1will be submitted to the registered voters.

2Section 10. Section 205 of the act, amended October 5, 1967
3(P.L.327, No.143), is amended to read:

4Section 205. Returns of Election.--[The county board of
5elections shall make return of the vote cast on the question
6submitted to the clerk of the court of the proper county or
7counties, and to the respective corporate authorities of the
8towns, townships and boroughs submitting such questions. If a
9majority of the votes cast in each such town, township and
10borough on the question shall be in favor of creating a city,
11then returns thereof shall also be made by the county board of
12elections to the Secretary of the Commonwealth and the
13Department of Community Affairs.] (a) In each county in which a 
14referendum question is submitted to the registered voters of a 
15municipal corporation, the county board of elections shall make 
16return of the vote cast on the referendum question to the clerk 
17of the court for that county, and to the governing body of the 
18municipal corporation in which registered voters voted on a 
19referendum question.

20(b) The county board of elections also shall make returns of
21the vote cast on the referendum to the Secretary of the
22Commonwealth and the Department of Community and Economic
23Development, if a majority of the votes cast by the registered
24voters of the municipal corporation are in favor of
25incorporating as a city.

26Section 11. Sections 206, 207, 208, 209 and 210 of the act
27are amended to read:

28Section 206. Effect of Vote Against [City Charter.--Whenever
29by the returns of the election in any town, township, or
30borough, it shall appear that in any one there is a majority

1against the city charter] Incorporating as City.--If the returns 
2show that a majority of registered voters in a municipal 
3corporation voted "no" on the referendum question, no further
4proceeding shall be had, and it shall not be lawful to hold
5another election upon the referendum question in [such town,
6township, or borough] the municipal corporation until the third
7general or municipal election thereafter occurring.

8Section 207. Governor to Issue [Charter Where Vote for City
9Charter] Letters Patent; Boundaries.--If [it shall appear by the
10said returns that there is a majority of the votes cast on the
11question in each town, township, and borough, aforesaid, in
12favor of the city charter, the corporate authorities of all such
13towns, townships, and boroughs] the returns show that a majority 
14of registered voters in a municipal corporation voted "yes" on 
15the referendum question, the governing body of the municipal 
16corporation shall, within sixty days after [such] the election,
17furnish to the Secretary of the Commonwealth the necessary
18information with respect to the boundaries of the new city, and
19the Governor shall, as soon as may be, issue letters patent,
20under the Great Seal of the Commonwealth, reciting the facts,
21defining the boundaries of [said] the city, and constituting the
22same a body corporate and politic by the name of the City
23of.........................

24Section 208. Property of Entities Vested in City.--All of
25the property and estates whatsoever, real and personal, of the
26[towns, townships, and boroughs,] municipal corporations which
27shall have [thus] become a city in accordance with this article
28are hereby severally and respectively vested in the corporation
29or body politic of [said] the city[, by the name, style, and
30title given thereto] for the use and benefit of the citizens

1thereof.

2Section 209. Existing Governments [Preserved Temporarily;
3Organization of City.--The governments of the said towns,
4townships, and boroughs] Temporarily Preserved; City 
5Organization.--(a) The government of the municipal corporation
6shall continue in full force and operation, until the first
7Monday of January next succeeding the municipal election
8provided for in section 702 [of this act], at which time the
9officers of [said] the city chosen at [said] the municipal
10election shall enter upon their respective terms of service, and
11the city government shall be duly organized under this act.

12(b) Whenever, in the organization of the city government of
13any newly incorporated city, any person is [elected] appointed
14by council to any office for which this act provides a definite
15term and fixes a definite time for the election of persons
16thereto, the person so [elected] appointed shall serve only for
17such time as intervenes between [his election] the person's 
18appointment and the day fixed by this act for the regular
19election or appointment of such officer for a full term.

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

1townships and boroughs, contracted prior to such consolidation,
2shall be paid by the said city thus organized and chartered, so
3that the taxes shall be uniform throughout the territorial
4limits of the whole city.] If a municipal corporation is 
5incorporated as a city in accordance with this article, the 
6following shall apply:

7(1) All suits, prosecutions, debts and claims, whatsoever,
8shall become transferred to the newly incorporated city.

9(2) All pending suits involving the municipal corporation
10shall be under the management and control of the newly
11incorporated city which shall be substituted as a party therein.

12(3) All valid claims and demands of whatsoever nature,
13whether payable presently or in the future, existing against the
14municipal corporation shall be enforceable against the city.

15(4) The bonds and floating indebtedness, and the interest
16thereon, existing at the time a municipal corporation became
17incorporated as a city in accordance with this article shall be
18paid by the newly incorporated city, so that the taxes shall be
19uniform throughout the territorial limits of the whole city.

20Section 12. Article II-A heading and sections 250, 251, 252,
21253, 254 and 255 of the act, added September 17, 1959 (P.L.913,
22No.363) are repealed:

23[ARTICLE II-A

24ALTERNATIVE PROCEDURE FOR INCORPORATION

25Section 250. Appointment of Charter Commission.--The
26corporate authorities of any town, township, or borough or of
27any combination of contiguous towns, townships or boroughs may
28and, upon petition of two hundred or more qualified electors
29thereof, shall petition the court of quarter sessions of the
30county in which such towns, townships or boroughs are situate,

1for the appointment of a charter commission to study and make
2recommendations on the adoption of a form of city government for
3such towns, townships or boroughs. Whenever any such towns,
4townships or boroughs, or combination thereof, are situate in
5more than one county, the petition shall be brought to the court
6of quarter sessions of the county in which the larger percentage
7of the population thereof are resident.

8The charter commission so appointed shall consist of not less
9than nine nor more than fifteen members who shall be qualified
10electors of the town, township or borough, and if the petition
11is brought on behalf of more than one town, township or borough,
12the charter commission shall be appointed from among qualified
13electors of each of such towns, townships or boroughs.

14In every case, at least three members of the charter
15commission shall be appointed from among the members of the
16governing bodies of the towns, townships or boroughs bringing a
17petition, and when two or more towns, townships or boroughs are
18party to the petition, the court shall appoint at least one
19member of the charter commission from among the members of the
20governing bodies of each of such towns, townships or boroughs.

21Section 251. Powers and Duties of Charter Commission.--The
22charter commission shall organize and function in accordance
23with the provisions of the Optional Third Class City Charter
24Law, and in so far as the same are applicable, shall exercise
25the same powers and perform the same duties as are conferred or
26imposed upon charter commissions elected under the provisions of
27the Third Class City Charter Law.

28Members of the charter commission shall serve without
29compensation, but shall be reimbursed by the towns, townships or
30boroughs for their necessary expenses incurred in the

1performance of their duties. The corporate authorities of the
2towns, townships or boroughs shall appropriate reasonable sums
3of money necessary for such purpose and for the work of the
4charter commission as provided in the Optional Third Class City
5Charter Law.

6The charter commission shall report its recommendations at
7the time and in the manner provided in the Optional Third Class
8City Charter Law. In its report, the charter commission shall
9recommend adoption of either the "commission" form of city
10government as provided in this act, or one of the optional forms
11of city government provided in the Optional Third Class Charter
12Law.

13Section 252. Election on the Question.--Within five days
14after the charter commission reports its recommendations, the
15corporate authorities of such towns, townships or boroughs shall
16certify a copy of the commission's report to the county board of
17elections, which shall cause the question of adoption or
18rejection to be placed upon the ballot or voting machines at
19such time as the commission shall in its report specify. The
20question shall be submitted to the electors in the manner and at
21the time provided in the Optional Third Class City Charter Law
22and shall be in the following form:

23Shall the.............................be incorporated into a

24 name of towns, townships or boroughs

25city of the third class to be known as the city of.............

26with a........................form of government providing for

27name of form

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

29number of councilmen

30Section 253. Return of Election; Effect of Vote.--(a) The

1county board of elections shall make return of the vote cast on
2the question as provided by law. If it appears that a majority
3of the votes cast in each such town, township or borough on the
4question shall be in favor of creating a city, the city shall be
5incorporated as provided in this act.

6(b) If, at such election, the electors have voted in favor
7of adopting the commission form of government provided in this
8act, the city officers shall be elected and the city shall be
9organized and governed under the provisions of this act, the
10same as though the election had been held under the provisions
11of article II. of this act.

12(c) If, at such election, the electors have voted in favor
13of adopting one of the optional forms of government provided in
14the Optional Third Class City Charter Law, the city shall be
15governed under the applicable provisions of the Optional Third
16Class City Charter Law, but the first city officers shall be
17elected in accordance with the provisions of this subsection.

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

1number of votes at their election, and the members of the second
2group shall be those councilmen receiving the next greatest
3number of votes at their election. If two or more councilmen
4received the same number of votes and one or more but not all of
5them will be included in the first group, they shall draw lots
6to determine which of them shall be included in the first group.
7Thereafter, all councilmen shall be elected for the terms
8provided in the Optional Third Class City Charter Law.

9The governments of the towns, townships and boroughs,
10comprising a city which elects its first officers under the
11provisions of this subsection, shall continue in full force and
12operation until the first Monday of January next succeeding such
13election, at which time the officers of such city shall enter
14upon their respective terms and the city government shall be
15duly organized under the Optional Third Class City Charter Law.

16(d) Whenever by the returns of the election in any town,
17township or borough, it shall appear that in any one there is a
18majority against the city charter and the form of city
19government recommended by the charter commission, no further
20proceedings shall be had and it shall not be unlawful to hold
21another election upon the same question in such town, township
22or borough during the period of four years following such
23election, but the provisions of this subsection shall not affect
24any proceedings under article II. of this act nor any subsequent
25proceedings under the Optional Third Class City Charter Law.

26Section 254. Proceedings are Additional.--The proceedings
27authorized by this article are in addition to, and not in
28substitution of, those proceedings authorized by article II. of
29this act, but it shall not be lawful to institute proceedings
30under either article while any proceedings under the other

1article are unconcluded.

2Section 255. Abandonment of Optional Form of Government.--
3Whenever, under the provisions of this article, the electors of
4any towns, townships or boroughs elect to incorporate a city
5with one of the optional forms of government provided in the
6Optional Third Class City Charter Law, and later, at an election
7held for that purpose under the Optional Third Class City
8Charter Law, elect to abandon such optional form of government,
9the city shall cease to be governed by the provisions of such
10charter plan and the Optional Third Class City Charter Law on
11the first Monday of January following the next succeeding
12municipal election, and shall thereafter be governed under the
13provisions of this act. The reversion to the form of government
14provided by this act shall take effect as provided in article
15VI. of the Optional Third Class City Charter Law for transition
16to an optional form of government in so far as applicable, and
17in addition any city offices which are elective under this act
18but are not elective under such optional form of government,
19shall be filled at such municipal election.]

20Section 13. Article III heading of the act is reenacted to
21read:

22ARTICLE III

23CHANGE OF CORPORATE TITLE

24Section 14. Sections 301, 302, 303 and 304 of the act are
25amended to read:

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

1city, petitioning such court to change the corporate title 
2thereof in accordance with the resolution, a certified copy of 
3which shall be attached to such petition.] City council may 
4initiate proceedings to change the corporate title of a city by 
5doing each of the following:

6(1) Adopting a resolution proposing to make the change in
7the corporate title of a city.

8(2) Presenting to the court of common pleas of the county in
9which the city is located a petition, along with a certified
10copy of the resolution, requesting the change in the corporate
11title of the city.

12Section 302. Hearing; Decree.--(a) Upon the presentation to 
13the court of [such] the petition and resolution in accordance 
14with section 301, the [said] court shall fix a day for a hearing 
15[thereof] on the question of the change in the corporate title 
16of the city and shall direct that notice of [such] the hearing 
17be published once a week for three weeks in [not more than two 
18newspapers] a newspaper of general circulation.

19(b) At [such] the hearing, the court shall [hear the] permit 
20any resident of the city to give testimony [and argument of 
21persons both for and against] either in support of or opposition 
22to the change of the corporate title of [such] the city [and, if 
23the court is of the opinion that the corporate title of such 
24city should be changed as prayed for in the petition of the 
25council of said city, shall enter upon the proceedings its order 
26and decree changing the corporate title of such city in 
27accordance with the resolution of the council thereof; otherwise 
28the petition shall be dismissed].

29(c) After hearing testimony, the court shall either order
30and decree changing the corporate title of the city in

1accordance with the petition and resolution of council or
2dismiss the petition.

3Section 303. Recording Decree.--[Upon the filing of a 
4certified copy of the decree of the court, changing the 
5corporate name of any city, in the office of the Secretary of 
6the Commonwealth and the recording thereof in the office of the 
7recorder of deeds of the county, the courts of which have 
8jurisdiction over the municipal affairs of the city, the 
9corporate title of said city shall thereafter be as set forth in 
10said decree.] A change in the corporate title of a city that is 
11ordered and decreed in accordance with section 302(c) shall not 
12become effective until a certified copy of the decree of court 
13is filed in the office of the Secretary of the Commonwealth and 
14is recorded in the office of the recorder of deeds of the county 
15in which the city is located.

16Section 304. Existing Rights and Liabilities Preserved.--No
17change in the corporate title of any city shall in any way
18affect any liabilities incurred, rights accrued or vested,
19obligations issued or contracted, or any suits or prosecutions
20pending or instituted to enforce any right or penalty accrued or
21punish any offense committed prior to [such] the change.

22Section 15. Article IV heading of the act is reenacted to
23read:

24ARTICLE IV

25CREATION AND DIVISION OF WARDS

26Section 16. Section 401 of the act is amended to read:

27Section 401. [Petition for Creation or Division of Wards.--
28New wards may be created in cities, or wards therein may be 
29divided, by the court of quarter sessions, on application 
30thereto for that purpose, by the petition of at least one
 

1hundred qualified electors of the district seeking to be created 
2as a new ward, or of the ward to be divided, or by the petition 
3of the council of the city. No new ward shall contain less than 
4three hundred qualified electors according to the last preceding 
5enumeration.] General Power of Council in Creation or Division 
6of Wards.--(a) In addition to reapportionment of wards pursuant 
7to 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and 
8section 11 of Article IX of the Constitution of Pennsylvania, 
9council may, with or without a petition as provided in section 
10401.1 and subject to approval by the registered voters as 
11provided in section 407, create new wards, divide a ward or 
12wards or detach part of a ward and attach to another ward, in 
13accordance with this article.

14(b) No new ward shall contain less than three hundred
15registered voters according to the last general or municipal
16election.

17(c) All wards in the city shall be numbered and composed of
18compact and contiguous territory as nearly equal in population
19as practicable and as officially and finally reported in the
20most recent Federal census, decennial or special.

21Section 17. The act is amended by adding a section to read:

22Section 401.1. Petition of Registered Voters.--(a)
23Registered voters may petition council to initiate proceedings
24under section 401 to create new wards, divide a ward or wards,
25or detach part of a ward and attach to another ward as follows:

26(1) One hundred registered voters may petition council to
27create or divide a ward if, in the case of a petition proposing
28to create a ward, the petitioners reside in the portion of the
29city which the petition proposes to create as a ward, or in the
30case of a petition to divide a ward, the petitioners reside in

1the ward which the petition proposes to divide.

2(2) Twenty-five registered voters may petition to detach
3part of one ward and attach the detached part to another ward if
4the petitioners reside in the part of the ward that is proposed
5to be detached.

6(b) Council shall by motion approve by a majority of
7council, and within ninety days of presentment of the petition,
8determine whether to initiate proceedings under section 401. If
9the motion is in favor of initiating proceedings, council shall
10appoint a commission in accordance with section 403.

11(c) In the event that council has not approved a motion
12within ninety days after the presentment of a petition under
13subsection (a), any ten registered voters may petition the court
14of common pleas and contest the existing apportionment as
15violating section 401. The proceedings before the court shall be
16conducted in accordance with 53 Pa.C.S. §§ 906 (relating to
17contest of reapportionment by governing body) and 907 (relating
18to costs and expenses of contest).

19Section 18. Sections 402 and 403 of the act are amended to
20read:

21Section 402. [Petition for Striking Territory from One Ward
22and Attaching to Another.--Any part or district of a ward in any
23city may be detached therefrom and attached to another ward by
24the court of quarter sessions of the proper county, on
25application thereto for that purpose, by the petition of at
26least twenty-five qualified electors of the district to be
27stricken off or attached, or by the petition of the council of
28the city] (Reserved).

29Section 403. Appointment of Commission[; Report; Order of
30Court.--Upon the presentation of any such petition praying for

1the creation of a new ward out of parts of two or more wards, or
2the division of a ward, or for the detaching from a ward of a
3part or district thereof and attaching the same to another ward,
4the said court shall appoint five impartial qualified electors,
5residents of the city, but not of the wards to be affected
6thereby, as commissioners to inquire into the propriety of
7granting the prayer thereof: Provided, however, That in cities
8having not more than three wards, said commissioners shall be
9selected from the city at large, and may be residents of the
10ward or wards to be affected thereby. The commissioners so
11appointed, or any four of them, shall examine the premises and
12make a draft of the new ward or wards proposed to be created, or
13of the ward or wards to be divided, or of the wards affected,
14showing the division or change thereof, or showing the lines as
15any separation and attachment will affect them, as the case may
16be, and showing clearly the number of qualified electors
17contained within the proposed new ward. The commissioners shall
18make report to the said court at its next term, together with
19their recommendation.].--(a) If council initiates proceedings 
20pursuant to section 401, whether on its own volition or pursuant 
21to the petition of registered voters, it shall appoint five 
22impartial registered voters who are residents of the city as 
23commissioners, to make a report and recommendation concerning 
24the necessity, desirability and feasibility of proposed wards.

25(b) Except as provided in subsection (c), commissioners
26shall not be residents of the wards to be affected by the
27petition.

28(c) In cities having not more than three wards,
29commissioners appointed under subsection (a) shall be selected
30from the city at large, and may be residents of the ward or

1wards to be affected thereby.

2Section 19. The act is amended by adding sections to read:

3Section 403.1. Expenses of Commissioners.--Council shall
4make appropriations for the reasonable expenses of the
5commissioners incurred for their services pursuant to this
6article. Each commissioner shall submit to the city controller
7for approval an itemized account of the commissioner's expenses
8to be paid under the authority of this section.

9Section 403.2. Report.--(a) Commissioners appointed by
10council in accordance with section 403(a) shall examine the
11premises and prepare a report which shall include a draft of all
12wards affected by the proposed creation, division or detachment,
13showing the division or change thereof, or showing the lines of
14wards as any separation and attachment will affect them, as the
15case may be, and showing clearly the population contained within
16the affected wards using figures officially and finally reported
17in the most recent Federal census, decennial or special. The
18report, upon completion, shall be submitted to council and shall
19include a recommendation reflecting the decision of a majority
20of its members concerning the proposed creation, division or
21detachment of a ward or wards.

22(b) Consistent with the standards applied in municipal
23reapportionment pursuant to 53 Pa.C.S. § 903(b) (relating to
24reapportionment by governing bodies), no report shall recommend
25the creation, division or detachment of a ward or wards unless
26the result of implementing the report and recommendation would
27be that each ward in the city is composed of compact and
28contiguous territory as nearly equal in population as
29practicable as officially and finally reported in the most
30recent Federal census, decennial or special.

1(c) Upon receipt of the report, council shall, by motion,
2determine whether to submit the question of the proposed
3creation, division or detachment of a ward or wards as provided
4in the report to the registered voters of the city in accordance
5with section 404.

6Section 20. Sections 404, 405, 406, 407 and 408 of the act
7are amended to read:

8Section 404. Election[; Form of Ballot.--If a majority of
9the commissioners appointed report favorably to such creation or
10division, or the detaching from a ward of a part or district
11thereof and attaching the same to another ward, the court shall
12order].--(a) If based upon the report in section 403.2, council 
13decides to proceed, it shall certify to the county board of 
14elections the question of the creation, [or] division or 
15detachment of [such] the ward[,] or wards to be submitted to the
16[qualified electors] registered voters of the ward or wards
17[affected, and in the case of the detachment of territory to the
18electors of the ward from which the territory is to be stricken
19off] or parts thereof which are the subject of the report, at
20the general or municipal election occurring not less than ninety
21days [thereafter] after the report was approved by council.

22(b)  The [clerk of said court shall certify such order to
23the] county board of elections [which] shall [thereupon] cause
24[a proper] the question [to be submitted to the qualified
25electors at such] of approving the creation, division or 
26detachment of a ward or wards to be placed on the ballot in the 
27ward or wards or parts that will be affected thereby, at the 
28appropriate election in the manner provided by the Pennsylvania
29Election Code.

30Section 405. Notice of Election; Review of Report.--[It

1shall be the duty of the mayor of the said city to give at least
2fifteen days' public notice, by advertisement in one or more
3newspapers, of general circulation, that such an election will
4be held, and of the time and place of holding the same.] (a) 
5The city shall publish a notice of election in a newspaper of 
6general circulation at least fifteen days prior to the date that 
7the question of approving the creation, division or detachment 
8of a ward or wards is to be presented at the specified general 
9or municipal election.

10(b) The election notice shall contain a statement of the
11issue to be submitted to the registered voters at the election,
12including the ward, wards or parts thereof to be affected, and
13the date upon which the election is to be held. The notice shall
14reference the report and specify that it is available for review
15and copying as a public record pursuant to the act of February
1614, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

17Section 406. Election Laws to Apply.--All [the electors,
18judges, inspectors and clerks, voting at and in attendance upon
19the election to be held under the provisions of this article,
20shall be subject to the penalties imposed by] matters relating 
21to the election at which the question of approving the creation, 
22division or detachment of a ward or wards is to be presented to 
23the voters shall be governed by the applicable provisions of the
24Pennsylvania Election Code.

25Section 407. Computing Vote; Return; [Order of Court;]
26Resubmission of Question.--[The officers of such election shall
27receive and count the votes in the manner prescribed by law, and
28shall forthwith make out a return on forms furnished by the
29board of elections, showing the number of votes for and against
30such new ward, or for or against such division or detachment of

1a ward, as the case may be, and shall deliver the same to the
2clerk of the court of quarter sessions within three days. The
3said clerk shall compute said return, and forthwith certify the
4result thereof to the court. If it appears that a majority of
5the votes so taken are for a new ward, or for a division or for
6the detachment of territory and its attachment to another ward,
7said court shall thereupon order and decree the creation of such 
8new ward or wards, or such division, or such detachment and 
9attachment agreeably to the lines marked out and returned by the 
10commissioners.]

11(a) The county board of elections shall tabulate and publish
12the results of the referendum in a newspaper of general
13circulation within thirty days of the election. A certified copy
14of the results shall be placed on record among the minutes of
15council.

16(b) If a majority voted in favor of creating or dividing a 
17ward or wards, or the detachment of a part of a ward to be 
18attached to another, council shall proceed to create or divide a 
19ward or wards or detach a part of a ward to be attached to 
20another, in accordance with the report, and shall number the new 
21wards when necessary[, and order a certified copy of the whole 
22proceeding to be placed on record among the minutes of council].

23(c) If a majority [of votes shall be] voted against [the new 
24ward, or against division or against detachment] creating or 
25dividing a ward or wards, or the detachment of a part of a ward 
26to be attached to another, no further action shall be had upon 
27[such proceeding] the question, nor shall any new [application 
28for such new ward or such division or detachment and attachment 
29be heard] petition on the same question be resubmitted until two 
30years from the date of [such] the election.

1Section 408. Change of Ward Lines by [Court] Council.--
2Whenever it shall appear to [the court of quarter sessions]
3council in proceedings for the division of any ward, or the
4creation of new wards, that any of the boundaries or divisions
5thereof are uncertain for any cause, [the said court shall make
6such order or decree as to] council shall determine the
7relocation of the line [as to it may appear proper, so that the
8same shall] to conform as nearly as possible to the boundary
9lines which may have been previously determined upon so long as 
10the result is that each ward in the city is composed of compact 
11and contiguous territory as nearly equal in population as 
12practicable as officially and finally reported in the most 
13recent Federal census, decennial or special.

14Section 21. The act is amended by adding a section to read:

15Section 409. Pennsylvania Election Code.--Nothing in this
16article shall be construed as affecting the powers and duties of
17the court of common pleas or the county board of elections and
18restrictions on alteration of election districts as provided in
19Article V of the act of June 3, 1937 (P.L.1333, No.320), known
20as the "Pennsylvania Election Code."

21Section 22. Article V and subdivision (a) heading of the act
22are repealed:

23[ARTICLE V

24ANNEXATION OF TERRITORY

25(a) Annexation of Boroughs, Townships and Parts

26of Townships]

27Section 23. Section 501 of the act, amended July 10, 1959
28(P.L.519, No.138), is repealed:

29[Section 501. Petition for Annexation of Boroughs or
30Townships and Parts of Townships.--Any borough having a

1population of less than ten thousand inhabitants, or any
2township or part of a township, contiguous to any city, whether
3wholly or partially within the same or different counties, may
4become annexed to any such city in the following manner:

5(a) In the case of a borough, the borough council may pass
6an ordinance for such annexation, whenever three-fifths of the
7taxable inhabitants of such borough shall present a petition,
8accompanied with the written consent of a majority in number and
9interest of property owners of the borough, asking for such
10annexation.

11(b) In the case of a township, or part thereof, whenever
12three-fifths of the taxable inhabitants of such township or part
13thereof shall present a petition to the council of said city,
14accompanied with the written consent of a majority in number and
15interest of property owners of such township or part of a
16township, asking for such annexation.

17(c) In case of part of a township, when there are no taxable
18inhabitants residing therein, then whenever three-fifths of the
19property owners in number and interest of property situated
20therein shall present a petition to the council of said city
21asking for such annexation.

22In construing this section, a majority in interest of owners
23of undivided interests in any piece of property shall be deemed
24and treated as one person for the purpose of ascertaining the
25number of petitioners.]

26Section 24. Section 502 of the act is repealed:

27[Section 502. Advertisement; Plots.--Before any such
28petition is circulated or signed, notice thereof shall be given
29by advertisement once a week for four weeks in two newspapers
30published in or circulated throughout the territory to be

1annexed. Such notice shall state the purpose of the petition and
2the date it will be ready for signing. All such petitions shall
3be accompanied by a plot or plots of the territory to be
4annexed, showing all streets and highways, municipal or township
5improvements and public buildings.]

6Section 25. Section 503 of the act, amended October 5, 1967
7(P.L.327, No.143), is repealed:

8[Section 503. Ordinance of City; Filing Copy Thereof.--Upon
9presentation to the council of such city of a certified copy of
10the ordinance in case of a borough, or of the petition in the
11case of a township or part thereof, together with the required
12plots in any case, the council of said city may, by ordinance,
13annex such borough, township, or part thereof to the said city.
14Certified copies of the borough and city ordinances and the
15petition and the plans shall be filed in the office of the clerk
16of the court of quarter sessions of the county or counties
17involved, and like copies shall be certified to the Department
18of Community Affairs of the Commonwealth. Nothing contained in
19subdivision (a) of this article shall be deemed to require any
20city to annex any borough, township or part of any such
21township.]

22Section 26. Section 504 of the act is repealed:

23[Section 504. Conclusiveness of Ordinance; Referendum;
24Appeal.--Thirty days after the filing of the said annexation
25ordinance by the said city council, such ordinance and the
26action of the said city council shall be finally conclusive,
27unless an appeal therefrom is taken within the said thirty days,
28by petition to the court of quarter sessions of the county in
29which the city is located, or unless a referendum petition is
30filed as provided in this act.]

1Section 27. Section 505 of the act, repealed in part June 3,
21971 (P.L.118, No.6), is repealed:

3[Section 505. Hearing an Appeal; Notice; Appeal from Final
4Order.--Where an appeal is taken by any person aggrieved by such
5annexation ordinance of the city, the court shall fix a day for
6hearing the same. Notice shall be given to all parties
7interested in such manner as the court shall direct. From any
8such final order or decree, any party in interest, aggrieved by
9such order or decree, may have an appeal to the Supreme Court as
10in other cases. Upon final determination and approval of the
11annexation ordinance, the annexation shall take effect
12immediately.]

13Section 28. Section 506 of the act, added July 10, 1959
14(P.L.519, No.138), is repealed:

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

1voting machines at such election, both in such borough and in
2the city to which annexation is desired, in the manner provided
3by the election laws of this Commonwealth.

4Such question shall be in the following form:

5Do you favor the annexation of the 6borough of .......................	Yes
7(or the part of the borough briefly 8described) to the city of ....... ?	No

9If a majority of the persons voting on such question in the
10entire borough shall vote "yes," and a majority of the persons
11voting on such question in the city shall vote "yes," then the
12borough or part thereof, as the case may be, shall on the first
13Monday of January next following, be and become a part of the
14city.

15If a majority of the persons voting on the question in the
16borough or in the city shall vote "no," no further proceeding
17shall be had, and it shall not be lawful to hold another
18election upon the question until the second general or municipal
19election thereafter occurring.

20All petitions shall be accompanied by a plot or plots of the
21territory to be annexed, showing all streets and highways,
22municipal improvements and public buildings, and all petitions
23for the annexation of a part of a borough shall include a
24description of the part of the borough sought to be annexed.]

25Section 29. Article V subdivision (b) heading and section
26515 of the act are repealed:

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

28Section 515. Annexation of Outlying Lots; Appointment of
29Viewers.--Upon application by petition to the court of quarter
30sessions signed by a majority or more of the taxable

1inhabitants, accompanied by the written consent of a majority of
2the property owners in number and interest of any outlots or
3sections of land in a township containing not more than one
4hundred acres of land contiguous to the city, and being part of
5the same county in which the city is situated, stating that they
6desire the same to be annexed to said city, the desirability
7therefor, and describing the lots or land to be annexed, with a
8map or draft of the same, which petition shall be sworn to by
9one or more of the petitioners, and accompanied by the petition
10of the council of the city praying for the annexation of such
11outlots or sections of land and containing a copy of the
12resolution of the council of said city approving the annexation,
13the said court shall thereupon appoint three viewers, who shall
14be nonresidents of the city or of the township whose territory
15is to be annexed, to inquire into and investigate the
16allegations and facts stated in the said petition.]

17Section 30. Section 516 of the act, amended October 5, 1967
18(P.L.327, No.143), is repealed:

19[Section 516. Notice of View; Report; Decree.--Notice of the
20first hearing of the said viewers shall be given to the city,
21and to at least one of the petitioners as the court may direct.
22The said viewers, or a majority of them, shall make report to
23said court at its next session after their appointment. If they
24report that they find the statements and facts of said petition
25to be true, and recommend the annexation as prayed for, and if
26no appeal is taken within thirty days therefrom, the said court
27shall thereupon make an order or decree to carry the annexation
28into effect. The city clerk shall forward a certified copy of
29said decree to the Department of Community Affairs of the
30Commonwealth.]

1Section 31. Section 517 of the act, amended October 5, 1967
2(P.L.327, No.143) and repealed in part June 3, 1971 (P.L.118,
3No.6), is repealed:

4[Section 517. Appeal; Hearing; Notice; Decree.--Within
5thirty days after filing of such report, any person aggrieved
6thereby may take an appeal, by petition to the court of quarter
7sessions, setting forth his complaint, and thereupon the court
8shall fix a day for hearing the same. Notice of such appeals
9shall be given to all parties interested by publication once in
10one newspaper, in accord with the provisions of section one
11hundred and nine of this act. After such hearing, the court
12shall decide whether the proceedings are in conformity with this
13act, and make an order or decree either dismissing the appeal
14and approving such annexation or sustaining the appeal and
15dismissing the annexation. When the court of quarter sessions
16makes an order to carry such annexation into effect, where no
17appeal is taken, and upon final determination and approval of
18the annexation ordinance, where an appeal has been taken, the
19said outlots or sections of land shall at once and thereafter be
20a part of said city as fully as if the same had been originally
21a part thereof. A certified copy of any final decree or order
22approving such annexation shall be forwarded by the city clerk
23to the Department of Community Affairs.]

24Section 32. Section 518, Article V subdivision (c) heading
25and section 525 of the act are repealed:

26[Section 518. Compensation of Viewers.--The viewers herein
27provided for shall be allowed five dollars per day for each and
28every day actually spent by them in the performance of their
29duties, together with their actual necessary expenses. The costs
30of the proceedings in all cases shall be paid by the city.

1(c) Annexation of Part of a Borough

2Section 525. Petition for Annexation of Territory in a
3Borough; Ordinance of City.--Territory in a borough contiguous
4to a city or separated therefrom by a river or stream may be
5detached from the borough and annexed to the city in the
6following manner:

7A petition signed by owners of the land in the territory
8proposed to be detached and annexed, and described in the
9petition, shall be presented to the borough authorities, who, if
10they find that the petition is signed by either a majority of
11freehold owners or by the owners of two-thirds of the area of
12the territory described, and that the assessed valuation of the
13territory described is not in excess of five per centum of the
14assessed valuation of the borough, may, by ordinance, detach the
15described territory, subject to the acceptance of the detached
16portion by the city of the third class, and upon notice from the
17council of the borough that it has ordained the detachment of
18the described territory of the borough for the purpose of having
19it annexed to the city, the city may, by ordinance, annex the
20portion of the borough so proposed to be detached.]

21Section 33. Section 526 of the act, amended October 5, 1967
22(P.L.327, No.143), is repealed:

23[Section 526. Filing of Plans.--Upon such annexation by
24ordinance, a plan of the territory annexed shall be filed by the
25city council in the office of the county commissioners and with
26the clerk of the court of quarter sessions and thereupon the
27detachment and annexation shall be effective: Provided, however,
28That if there be no delay through litigation or causes beyond
29the control of the councils, the plan shall be filed, as herein
30required, within thirty days after the passage of the annexation

1ordinance by the city council, and, if the proceedings are not
2thus completed, they shall be void in their entirety and of no
3effect. A copy of the plan filed shall be likewise forwarded to
4the Department of Community Affairs of the Commonwealth.]

5Section 34. Article V subdivision (d) heading, sections 535
6and 536 and subdivision (e) heading of the act are repealed:

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

8Township is Annexed

9Section 535. Apportionment of Indebtedness of Borough or
10Township; Taxes to be Uniform.--All the indebtedness of each
11borough or township annexed to a contiguous city under the
12provisions of this act, as well as the indebtedness of the city
13to which the same is annexed, shall be paid by the city as
14enlarged by such annexation; and all territory included within
15the limits of the same shall be liable for the payment of the
16floating and bonded indebtedness, and the interest thereon, of
17all the territory included within such enlarged city; and all
18taxes thereafter levied therefor shall be uniform throughout the
19territorial limits of such enlarged city.

20Section 536. Property of Annexed Territory to Become
21Property of City.--All of the public property owned by any such
22borough or township annexed to any city shall become and remain
23the public property of the said city.

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

25or Outlying Lots are Annexed]

26Section 35. Section 540 of the act, amended October 5, 1967
27(P.L.327, No.143), is repealed:

28[Section 540. Adjustment of Indebtedness when Part of
29Township is Annexed.--Where any part of any township or outlying
30lots thereof are annexed to any city, the township officers of

1that part of the said township not annexed, and the city council
2of the said city, shall make a just and proper adjustment and
3apportionment of all public property owned by the said township
4at the time of said annexation, both real and personal,
5including funds as well as indebtedness, if any, to and between
6the said township and the city. In making such adjustment and
7apportionment of the property and indebtedness, the township and
8the city shall be entitled respectively to share in a division
9of the property and indebtedness in the proportion that the
10assessed valuation of the land remaining in the township bears
11to the assessed valuation of the land annexed: Provided,
12however, That where indebtedness was incurred by the township
13for an improvement located wholly within the annexed part of the
14township, the whole of such indebtedness shall be assumed by the
15city, and where any part of any such improvement is located
16within the annexed part of the township, the part of such
17indebtedness representing the part of the improvement located
18within the territory annexed, shall be assumed by the city, and
19the adjustment and apportionment of any remaining debt, and the
20public property of the township shall be made as above provided.
21The adjustment and apportionment as made shall be reduced to
22writing, and duly executed and acknowledged by the proper
23officials, and filed in the office of the clerk of the court of
24quarter sessions of the county in which said city is located. A
25copy of such adjustment and apportionment shall be forwarded by
26the city clerk to the Department of Community Affairs of the
27Commonwealth.]

28Section 36. Sections 541, 542 and 543 of the act are
29repealed:

30[Section 541. Appointment of Commission; Contents of

1Report.--In case the said council of the said city and the
2township's authorities cannot make such amicable apportionment
3and adjustment of their property and indebtedness within six
4months after any such annexation, then, in that case, the said
5council or any officer of said township may present a petition
6to the court of quarter sessions of the county in which the said
7city is located. Whereupon the said court shall appoint three
8disinterested commissioners, residents and taxpayers of said
9county not residing in the said city nor in the said township,
10who, after hearing, due notice of which shall be given to the
11city and township interested by publication once in one or more
12newspapers, at least twenty days before said hearing, in accord
13with the provisions of section one hundred and nine of this act,
14shall make report to the court, making an apportionment and
15adjustment according to the provisions of this act of all the
16property as well as indebtedness, if any, to and between the
17said city and the said township, said report to state the
18amount, if any, that shall be due and payable from the city to
19the township, or from the township to the city, as well as the
20amount of indebtedness, if any, that shall be assumed by the
21city or township, or both of them.

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

1city or township shall be a legal and valid claim against such
2city or township charged therewith. Any property, real or
3personal, given and adjudged to the city or the township shall
4become and be the property of the city or the township to
5whichever one the same is given and adjudged. Upon such report
6being confirmed, such claim or indebtedness charged against any
7city or township may be collected in the same manner as a
8judgment is collected against any city or township.

9Section 543. Compensation of Commissioners; Costs.--The
10commissioners shall be allowed five dollars per day for each day
11actually spent by them in the performance of their duties,
12together with their actual necessary expenses. All costs and
13expenses of such proceedings shall be apportioned by the court
14to and between the said city and the said township as it shall
15deem proper.]

16Section 37. Section 544 of the act, repealed in part June
171971 (P.L.118, No.6), is repealed:

18[Section 544. Disposition of Exceptions; Appeal.--In case
19exceptions are filed to the report of the commissioners, the
20court shall dispose of the same, taking testimony if deemed
21advisable, and the decision of the court thereon shall be final
22and binding on the several cities and townships, unless an
23appeal is taken.]

24Section 38. Section 545, Article V subdivision (f) heading,
25sections 550 and 551 and subdivision (g) heading of the act are
26repealed:

27[Section 545. Jurisdiction when Territory is in Two or More
28Counties.--In cases where a city or township is situated in two
29or more counties, the court of quarter sessions of the county in
30which the city is located shall have exclusive jurisdiction over

1the matter, but the same shall be heard by a judge, not a
2resident of either of the judicial districts affected, who shall
3be called to preside specially in the matter, and, in such
4cases, the court shall appoint the commissioners hereinbefore
5provided for from both or from three of such counties.

6(f) Apportionment of Indebtedness when Part of a

7Borough is Annexed

8Section 550. Apportionment of Indebtedness; Decree of
9Court.--The court of quarter sessions having jurisdiction of the
10city, in cases where any part of a borough is annexed to a city,
11upon a petition of the borough or city, may hear evidence and
12consider the indebtedness and assessed valuation of the borough
13and the city and the assessed valuation of the territory
14annexed, and may enter a decree making such adjustment of the
15indebtedness and the manner and time of the payment thereof as
16to the court may seem meet and proper.

17Section 551. Collection of Taxes Assessed Prior to
18Annexation.--Any taxes assessed prior to the going into effect
19of the proceedings shall be paid to the borough, and the
20collection and enforcement thereof shall be as though the land
21had not been detached.

22(g) Wards]

23Section 39. Section 560 of the act, amended October 5, 1967
24(P.L.327, No.143), is repealed:

25[Section 560. Distribution of Annexed Territory Among Wards;
26New Wards; Ward Officers.--Within thirty days from the effective
27date of any annexation, the city council shall cause a petition
28to be presented to the court of quarter sessions of the county
29in which the said city is located, praying for the distribution
30of the annexed territory among the wards of the said city, or

1for the creation of a new ward or wards out of the same, and to
2make such order or decree as may be necessary to constitute such
3ward or wards an election district or election districts, or add
4to or create new election districts in a ward or wards to which
5such territory is attached, and the said court shall, in case of
6the creation of a new ward or wards, appoint the election and
7other officers of the same, and name the place or places of
8holding the first election in the said ward or wards for ward
9officers, and, for that purpose, may order a special election,
10if said court shall deem the same necessary, to be conducted in
11the manner provided by the Pennsylvania Election Code. The
12officers elected at such special election shall hold their
13respective offices until their successors, elected at the next
14succeeding municipal election, shall be duly qualified. Any
15decree of court creating a new ward or wards shall be entered in
16full upon the records of said court and certified copies
17thereof, under the seal of the court, shall be delivered by the
18clerk of said court to and be filed by the city clerk of the
19city and the secretary of the school district in which said ward
20or wards become located. The clerk of the court of quarter
21sessions shall likewise certify copies thereof to the Secretary
22of the Commonwealth and to the Department of Community Affairs.]

23Section 40. Article V subdivision (h) heading of the act,
24amended August 6, 1963 (P.L.511, No.268), is repealed:

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

26Section 41. Section 561 of the act, amended October 5, 1967
27(P.L.327, No.143), is repealed:

28[Section 561. If any city owns land contiguous to said city
29on January 1, 1963, the city may annex said territory in the
30following manner:

1A bill may be introduced in council to annex said land,
2setting forth a description of the territory to be annexed and
3the courses and distances of the boundaries of such territory.
4If said bill becomes an ordinance by action of council, a copy
5thereof shall be certified to the Department of Community
6Affairs.]

7Section 42. Section 562 of the act, added May 27, 1957
8(P.L.210, No.104), is repealed:

9[Section 562. Upon such annexation by ordinance, a plan of
10the territory annexed shall be filed by the city council in the
11office of the county commissioners and with the clerk of the
12court of quarter sessions, and thereupon the annexation shall
13become effective.

14The annexation proceedings authorized by these sections are
15in addition to, and not in substitution of, proceedings
16otherwise provided by law for annexation of territory, and may
17be followed without reference to or compliance with such other
18provisions.]

19Section 43. Article V subdivision (i) heading, section 570,
20subdivision (j) heading and section 580 of the act, added July
2110, 1959 (P.L.521, No.139), are repealed:

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

23of Annexed Territory

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

1suitable services and duties as will be in the public interest
2of the city and particularly of the annexed portion thereof. In
3case of nonelective employes of such annexed borough or
4township, they shall, so far as practicable, be employed at
5corresponding duties by the city in accordance with rules and
6regulations to be established by city ordinance. Tax collectors
7holding office at the date of annexation shall continue to
8perform the duties and receive the emoluments of office for the
9full term for which they were elected, but upon the expiration
10of such term, the office shall be abolished within such
11territory and the duties thereof shall be merged with that of
12the collector of taxes of such city of the third class.

13(j) Ordinances

14Section 580. Annexation Ordinances.--In case of annexation,
15all ordinances governing the annexed territory shall remain in
16full force and effect over the annexed territory until
17appropriate ordinances are passed by the Council of the city of
18the third class integrating ordinances of the annexed territory
19with those of the city of the third class.]

20Section 44. Article VI heading of the act is reenacted to
21read:

22ARTICLE VI

23CITY BOUNDARIES

24Section 45. Sections 601, 602, 603, 604, 605 and 606 of the
25act are amended to read:

26Section 601. Navigable Stream Boundaries.--Whenever any city
27is bounded by the nearest margin of a navigable stream, and an
28opposite [township, borough, or city] municipal corporation is
29also bounded by the nearest margin of the same stream, the
30boundaries of [such] the city shall extend to the center line of

1the stream. Nothing contained in this section shall be construed
2to repeal any local or special law providing otherwise.

3Section 602. Court to Establish Disputed Boundaries.--[The
4court of quarter sessions, upon petition of any interested
5political subdivision] (a) In any case in which a city or any 
6municipal corporation contiguous to the city disputes the 
7boundary between them, the court of common pleas, upon petition 
8of the city or the contiguous municipal corporation, may
9ascertain and establish the disputed [boundaries between any
10such parties. Whenever the] boundary.

11(b) In any dispute [involves] involving the boundaries of
12counties, the provisions of [the County Code shall apply to that
13extent.] this article shall not supersede the application of the 
14relevant provisions of the act of August 9, 1955 (P.L.323, 
15No.130), known as "The County Code," and the act of July 28, 
161953 (P.L.723, No.230), known as the "Second Class County Code," 
17or any other law applicable to the fixing of county boundaries.

18Section 603. Petition to Court; Commissioners; Report.--Upon
19[such] petition in accordance with section 602(a), the court
20shall appoint [as] three impartial commissioners [three
21impartial qualified electors], who shall have authority to
22employ a professional engineer or surveyor. After giving notice
23to interested parties [affected] by publication once in at least
24one newspaper of general circulation, in conformity with section
25[one hundred and nine of this act, they shall view the disputed
26boundaries] 109, or as directed by the court, the commissioners 
27shall hold a hearing and view the disputed boundaries. A
28majority of the commissioners shall make [a prompt] its report
29and recommendations to the court, [which report shall be]
30accompanied [with] by a plot or draft of the lines and
 

1boundaries proposed [boundary, if the same cannot be fully
2described] to be ascertained and established if they cannot be 
3fully designated by natural lines[. The] or boundaries. Upon the 
4filing of the report, it shall be confirmed nisi, and the court
5[shall] may make [such] further order [thereupon as to] as it
6shall [seem] deem just and reasonable.

7Section 604. [Reviews;] Exceptions and [Issues.--Any person
8affected may petition the court for a review, or may except to
9the report of the commissioners. When matters of fact are in
10dispute, the court may frame an issue and certify the same for
11trial to the court of common pleas.] Procedure.--Exceptions to 
12the report may be filed by any interested person or municipal 
13corporation within thirty days after the filing of the report, 
14and the court shall set a day for the hearing of the exception. 
15Notice of the hearing shall be given as the court may direct. 
16After hearing, the court may sustain the exceptions or dismiss 
17them and confirm the report or refer the report back to the same 
18or new commissioners with authority to make another report. If 
19no exceptions are filed within thirty days after the filing of 
20the report, the court shall confirm the report absolutely. When 
21any report is confirmed absolutely, the court shall enter a 
22decree establishing the lines and boundaries as shown in the 
23report.

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

1paid equally by the [political subdivisions interested] city and 
2any interested municipal corporation.

3Section 606. Boundary Monuments.--[Whenever a boundary is
4established pursuant to the preceding sections of] If a 
5boundary, ascertained and established pursuant to this article,
6[the court shall cause such part of the same as] cannot be fully
7described by natural lines, the court shall cause it to be
8marked with permanent monuments, placed at intervals not
9exceeding fifteen hundred feet[,] and at the end of any course[,
10and the]. The expense of placing [the said] these monuments,
11[when] as approved by the court, shall be borne equally by the
12[political subdivisions interested, and the court shall compel
13payment of the same according to law] city and any interested 
14municipal corporation.

15Section 46. Article VII heading of the act is reenacted to
16read:

17ARTICLE VII

18ELECTED OFFICERS AND ELECTIONS

19Section 47. Sections 701, 702, 703 and 704 of the act are
20amended to read:

21Section 701. Elected Officers; Term; Eligible to Reelection;
22Vacancies Where Elected Officer Fails to Qualify.--[The] (a)
23(1) Except as provided in subsection (c), the elected officers
24of each city shall be a mayor, four [councilmen] council 
25members, a controller, and a treasurer.

26(2) Except as provided in section [seven hundred and two of
27this act] 702 with respect to the first election of members of
28council, each [of such officers] elected officer shall serve for
29a term of four years from the first Monday of January next
30succeeding [his] the officer's election[,] until the first

1Monday of January in the fourth year thereafter.

2(3) Any such officer shall be eligible to reelection.

3(b) Any person elected to a city office who fails to qualify
4[within thirty days after the first Monday of January following
5his election] in accordance with the provisions of sections 904 
6and 905 and, as applicable, section 1001, 1201, 1401 or 1701,
7shall be ineligible to qualify thereafter. A vacancy shall then
8exist in the [said] office and a person shall be appointed to
9fill [said] the vacancy in the manner provided by this act.

10(c) In accordance with this subsection, two additional
11council members may be elected to form a seven-member council
12comprised of six council members and the mayor, or a city that
13has opted for a seven-member council may reestablish a five-
14member council comprised of four council members and the mayor,
15in accordance with the following:

16(1) Upon petition of at least five per centum of the
17registered voters of the city or pursuant to a resolution of
18council, and after approval by a majority of those voting at the
19next municipal or general election, there shall be elected two
20additional council members, so that the council shall be
21comprised of six council members and the mayor.

22(2) The referendum petition or resolution of the council
23certified by the city clerk shall be filed with the county board
24of elections not later than the thirteenth Tuesday before the
25next municipal or general election. The county board of
26elections shall place the question before the electors as
27provided by the Pennsylvania Election Code. The form of the
28question shall be as follows:

29Should two additional council members be elected to serve in
30this city, so that council shall be comprised of six council

1members and the mayor?

2Yes

No

3(3) The county board of elections shall tabulate and publish
4in a newspaper of general circulation the results of the
5referendum within thirty days of the election.

6(4) In no event shall the question of additional council
7members be voted on more than once in any three-year period.

8(5) Terms of newly elected council members shall be as
9follows:

10(i) At the first municipal election following approval at a
11general election of the question providing for the election of
12two additional council members, one of the additional council
13members shall be elected for a term of four years and one for a
14term of two years, each to serve from the first Monday of
15January after the election.

16(ii) At the first general election following approval at a
17municipal election of the question providing for the election of
18two additional council members, one of the additional council
19members shall be elected for a term of three years and one for a
20term of one year, each to serve from the first Monday of January
21after the election.

22(iii) After that time, the additional council members shall
23be elected for terms of four years each to serve from the first
24Monday of January after the election.

25(5.1) In cities divided into wards, the two new council
26members elected in accordance with clause (5) shall represent
27the city at large. No sooner than four years after the election
28adding two additional council members, the city may change the
29representation of either or both of the two additional seats
30from at-large to ward representation in accordance with Article

1IV or any other law.

2(6) In cities in which the electorate has opted for a seven-
3member council, comprised of six council members and the mayor,
4the city shall return to a five-member council, including the
5mayor, upon petition of at least five per centum of the
6registered voters of the city or pursuant to a resolution of the
7council, and after approval by a majority of electors voting at
8the next municipal or general election. The referendum petition
9or resolution shall be filed with the county board of elections
10not later than the thirteenth Tuesday before the next municipal
11or general election. The county board of elections shall place
12the question before the electors as provided under the
13Pennsylvania Election Code. The form of the question shall be as
14follows:

15Should this city return to a five-member council, comprised
16of four council members and the mayor?

17Yes

No

18(7) The county board of elections shall tabulate and publish
19in a newspaper of general circulation the results of the
20referendum within thirty days of the election. In no event shall
21the question of reducing the seven-member council be voted on
22more than once in any five-year period.

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

1receiving the first and second highest number of votes shall
2serve for a term of four years. The two candidates receiving the
3third and fourth highest number of votes shall serve for a term
4of two years. After that time, council members shall be elected
5as provided in subsection (a).

6Section 702. First Elections in Newly Created Cities.--(a)
7At the first municipal election occurring at least ninety days
8after the date of the letters patent issued by the Governor
9incorporating [and] the city, the [qualified electors of such]
10registered voters of the city shall elect [a mayor, a treasurer,
11and a controller] city officials as set forth in section 701(a)
12(1). [At such election, the electors of such city shall also
13elect four councilmen.]

14(b) The two candidates for [such office] council receiving
15respectively the highest number of votes at [such] the election
16shall serve for a term of four years from the first Monday of
17January next succeeding their election until the first Monday of
18January in the fourth year thereafter[, and the two candidates
19at such election].

20(c) The two candidates for council receiving the next
21highest number of votes shall serve for a term of two years from
22the first Monday of January next succeeding their election until
23the first Monday of January in the second year thereafter.

24Section 703. Nominations and Elections.--All matters
25relating to nominations of candidates and election of city
26officers shall be governed by the applicable provisions of the
27Pennsylvania Election Code.

28Section 704. Certificates of Election.--[Whenever an
29election shall have been held for city officers, for regular
30terms of service] Upon the election of city officers in
 

1accordance with this article, it shall be the duty of the
2[officer-elect to procure from the] county board of elections to 
3issue, and of the officer-elect to procure, a certificate of
4election [as issued by the board, according to law, and to lay
5the same before]. The officer-elect shall present the 
6certificate of election to council on the date and time fixed by
7law for [their] its organization[; and the said]. The
8certificate shall be filed among the city archives, and its
9presentation shall be noted in the minutes.

10Section 48. Article VIII heading of the act is reenacted to
11read:

12ARTICLE VIII

13VACANCIES IN OFFICE

14Section 49. Section 801 of the act, amended August 21, 1953
15(P.L.1292, No.364), is amended to read:

16Section 801. Vacancies in Council and Office of Mayor.--[If
17a vacancy exists in the city council, whether as to the office
18of mayor or one or more of the other members of council, the
19city council shall, by a majority of its remaining members, fill
20such vacancy, within thirty days thereafter, by electing a
21qualified person to serve until that first Monday of January
22when his successor who shall have been elected by the qualified
23electors at the next municipal election, occurring at least
24thirty days after such vacancy exists, is duly sworn into office
25for the remainder of the term of the person originally elected
26to said office.

27In case vacancies should exist whereby the offices of three
28or four of the five members of the city council become vacant,
29the remaining one or two members shall fill such vacancies, one
30at a time, giving each new appointee such reasonable notice of

1his appointment as will enable him to meet and act with the then
2qualified member or members of the city council in making
3further appointments until three members of city council have
4been qualified, whereupon the said three members shall fill the
5remaining vacancies at a meeting attended by the said three
6members of said city council, such appointees to receive a
7majority of the votes of the said three members present at any
8such meeting. The person or persons selected to fill such
9vacancy or vacancies shall hold their offices as herein
10provided.

11If, by reason of a tie vote, or otherwise, such vacancy shall
12not have been filled by the remaining members of city council
13within the time as limited herein, the court of common pleas,
14upon the petition of ten or more qualified electors shall fill
15such vacancy by the appointment of a qualified person, for the
16portion of the unexpired term as above provided.

17If at any time vacancies should occur or exist in the
18membership of all five members of city council, the court of
19common pleas shall appoint a city council, including a mayor, of
20persons properly qualified, who shall serve as herein provided.] 
21(a) Within thirty days of a vacancy in the office of mayor or 
22other member of city council, or if an elected mayor or council 
23member has failed to qualify pursuant to section 701 prior to 
24taking office, the council shall, by a majority of its remaining 
25members, appoint a qualified person to fill the vacant office.

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

1shall fill the vacancy or vacancies upon either the petition of
2ten or more qualified electors of the city or the petition of a
3majority of the remaining members of council.

4(c) A person appointed under subsection (a) or (b) shall
5serve for the lesser of the following periods:

6(1) The remainder of the unexpired term of the office to
7which the person is appointed.

8(2) Until the first Monday of January after the next
9municipal election occurring at least thirty days after the
10vacancy occurred.

11(d) If necessary to fill the unexpired term of the person
12originally elected to an office that has become vacant, a person
13shall be elected at the municipal election referred to in
14subsection (c) to serve from the first Monday of January after
15that election for the remainder of the unexpired term.

16Section 50. Section 802 of the act, amended May 6, 1957
17(P.L.104, No.45), is amended to read:

18Section 802. Vacancy in Office of Controller or of
19Treasurer.--[If a vacancy occurs in the office of city
20controller or in the office of city treasurer, the city council
21shall fill such vacancy, within thirty days thereafter, by
22choosing a city controller or a city treasurer, as the case may
23be, to serve until his successor is elected by the qualified
24electors at the next municipal election, occurring at least two
25hundred days after such vacancy occurs, and is duly sworn into
26office. The person so elected shall serve for the remainder of
27the term of the person originally elected to such office.

28If by reason of a tie vote or otherwise, such vacancy shall
29not have been filled by the members of city council within the
30time as limited herein, the court of common pleas upon the

1petition of ten or more qualified electors shall fill such
2vacancy by the appointment of a qualified person for the portion
3of the unexpired term as above provided.] (a) Within thirty 
4days after a vacancy occurs in the office of city controller or 
5in the office of city treasurer, or if an elected city 
6controller or city treasurer has failed to qualify pursuant to 
7section 701 prior to taking office, the council shall appoint a 
8qualified person to fill the vacant office.

9(b) If council does not fill a vacancy within thirty days in
10accordance with subsection (a), the president judge of the court
11of common pleas having jurisdiction within the city shall fill
12the vacancy upon the petition of ten or more registered voters
13of the city.

14(c) A person appointed under subsection (a) or (b) shall
15serve for the lesser of the following periods:

16(1) For the remainder of the unexpired term of the
17controller or treasurer whose office has become vacant.

18(2) Until the first Monday of January after the next
19municipal election occurring at least two hundred days after
20such vacancy occurs.

21(d) If necessary to fill the unexpired term of the
22controller or treasurer whose office has become vacant, a person
23shall be elected at the municipal election referred to in
24subsection (c) to serve from the first Monday of January after
25that election for the remainder of the unexpired term.

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

1vacant and the resulting vacancy shall be filled in the manner
2provided by this act.

3Section 51. Article IX heading of the act is reenacted to
4read:

5ARTICLE IX

6GENERAL PROVISIONS RELATING TO CITY

7OFFICERS AND EMPLOYES

8Section 52. Sections 901, 902, 903, 904, 905, 906, 907, 908
9and 909 of the act are amended to read:

10Section 901. Appointment and Removal of Officers and 
11Employes; Removal from Elective Office; Employes Not to Hold 
12Elective Office.--(a) Council shall have the power of 
13appointment and dismissal of all city officers and employes, 
14other than elected officers, and shall provide for the removal 
15of officers of the city whose offices are established by 
16ordinance, except where otherwise provided by this act.

17(b) In the case of persons holding an elective city office,
18whether elected thereto or duly appointed to fill a vacancy in
19the elective office, the following shall apply:

20(1) They shall be removed from office in accordance with the
21Constitution of this Commonwealth, as follows:

22(i) by impeachment;

23(ii) by the Governor for reasonable cause after due notice
24and full hearing on the advice of two-thirds of the Senate; or

25(iii) upon conviction of misbehavior in office, or of any
26infamous crime.

27(2) Provisions of this act or other provisions of law
28requiring a forfeiture of office upon the conviction of a crime
29shall apply only if the court determines that the conviction is
30for misbehavior in office or for an infamous crime.

1(3) Nothing in this section shall prevent title to elected
2city offices from being tried by proceedings of quo warranto as
3provided by law.

4(c) In the case of persons who are appointees to city
5offices or positions, other than to elective offices, the
6following shall apply:

7(1) They may be removed by the appointing power, except as
8limited by law or the constitution.

9(2) They shall be removed on conviction of misbehavior in
10office or of any infamous crime.

11(d) Except as otherwise provided by law, a person may not
12concurrently hold elective city office and be an employe of the
13same city.

14Section 902. Officers and Employes; Number; Duties; 
15Compensation.--[Council shall] (a) Except as otherwise provided 
16by this act, council may prescribe, by ordinance, the number, 
17duties, and compensation of the officers and employes of the 
18city. [No payment of such compensation shall be made from the 
19city treasury or be in any way authorized, to any person except 
20an officer or employe elected or appointed in pursuance of law. 
21No ordinance shall be passed giving any extra compensation to 
22any officer, servant, employe or contractor, without previous 
23authority of law.]

24(b) With regard to compensation paid to any officer or
25employe of the city, the following shall apply:

26(1) No payment shall be authorized from the city treasury to
27any officer or employe of the city unless that officer or
28employe has been elected or appointed in accordance with law.

29(2) Unless previously authorized by law, no ordinance shall
30give extra compensation to any officer or employe of the city.

1(c) Any officer drawing or countersigning any [warrant] 
2document authorizing payment, or passing or paying any voucher 
3contrary to this section, [shall be guilty of] commits a 
4misdemeanor[,] and shall, upon conviction [thereof, shall 
5forfeit his office], be subject to forfeiting office in 
6accordance with section 901(b)(2) and [be] sentenced to pay a 
7fine not exceeding five thousand dollars, or to undergo 
8imprisonment not exceeding one year, or both, at the discretion 
9of the court.

10Section 903. [Salaries of Officers not to be Increased After 
11Election] Changes in Salary, Compensation and Emoluments of 
12Officers.--(a) No city shall increase or diminish the salary, 
13compensation, or emoluments of any elected officer after [his] 
14the officer's election. Any change in salary, compensation or 
15emoluments of the elected office shall become effective at the 
16beginning of the next term of the member of council or other 
17elected official.

18(b) Nothing in subsection (a) shall be construed to limit
19retirement benefits applicable to all employes and officers.

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

1date of the organizational meeting of the council or the office 
2of that elected official shall be deemed to be vacant and the 
3vacancy shall be filled in the manner provided by this act. When 
4the terms of office of more than one council at-large member 
5expire, and more than one seated council member are to be 
6replaced as the result of an election, and only one of the newly 
7elected council members fails to qualify to assume office, those 
8members whose terms have expired and who are to be replaced 
9shall draw lots to determine which of them shall continue to 
10serve on council until the member's successor duly qualifies for 
11and takes the oath of office. No person continuing to hold 
12office pursuant to this section after the first Monday of 
13January which would have marked the end of the person's term 
14shall participate in the deliberations concerning or in any vote 
15appointing the person's successor.

16Section 905. Oath of Office; Violation of Oath; Penalty.--
17(a) All officers of the city, whether elected or appointed, 
18shall, before entering upon their respective duties, take and 
19subscribe [the oath prescribed by section 1 of article VII of 
20the Constitution of this Commonwealth. Any person refusing to 
21take such oath shall forfeit his office. Any person guilty of a 
22violation of his oath shall be guilty of a misdemeanor, and, 
23upon conviction, shall forfeit his office, and be sentenced to 
24pay a fine not exceeding one thousand dollars, or to undergo an 
25imprisonment not exceeding one year, or both, at the discretion 
26of the court.] an oath or affirmation of office pursuant to 53 
27Pa.C.S. § 1141 (relating to form of oaths of office).

28(b) Any person refusing to take the oath shall be deemed not
29to have met the qualifications to hold office. Any person who
30violates the person's oath commits a misdemeanor and shall, upon

1conviction, be sentenced to pay a fine not exceeding one
2thousand dollars or to undergo imprisonment not exceeding one
3year, or both, at the discretion of the court, and shall be
4subject to forfeiting office in accordance with section 901.

5Section 906. Bond to be Given by Officers and Agents.--
6[Council] In addition to the requirements for bonding that may 
7be imposed by this act or any other law, council may require 
8from all officers and agents of the city, elected or appointed, 
9lawful bonds with corporate sureties for the faithful 
10performance of their duties. No officer or agent required by law 
11or ordinance to give bond, as aforesaid, shall be sworn into 
12office or enter upon the duties thereof until such bond shall 
13have been duly approved by the proper authority.

14Section 907. Surety Bonds; [Premiums.--When any officer or 
15employe of any city is required to give a bond for the faithful 
16performance of this duties, such bond shall be endorsed by a 
17surety company, and the city shall pay the premium on such bond. 
18The bonds of city officers and employes hereafter given shall be 
19with corporate sureties and not with individual or personal 
20sureties.] Insurance; Premiums.--(a) Unless otherwise provided 
21by this act or any other provision of law, the following shall 
22apply when any elected or appointed officer or employe of any 
23city is required to give a bond:

24(1) The bond shall be for the faithful performance of the
25duties of the elected or appointed officer or employe.

26(2) The bond shall be endorsed by a surety or other company
27authorized by law to act as a surety and that is qualified to do
28business in this Commonwealth.

29(3) The bonds of elected or appointed officers and employes
30shall be with corporate sureties and not with individual or

1personal sureties.

2(4) The city shall pay the premium on the bond, unless all
3or a portion of the premium on the bond is to be paid by the
4Commonwealth or political subdivisions other than the city, or
5unless provisions are otherwise made in law for payment of the
6premium on the bond, in which case the city shall pay the unpaid
7portion of the premium.

8(5) The bond shall be approved by the city solicitor.

9(6) In addition to any other conditions required by law, the
10bond shall be in such sum and with such conditions as council
11may direct.

12(b) Except as may be otherwise provided in section 1402,
13when any elected or appointed officer or employe of any city is
14required to give a bond for the faithful performance of the 
15officer's or employe's duties, council may, in lieu of the bond,
16purchase one or more blanket bonds for elected or appointed
17officers or employes or it may purchase insurance provided that
18the insurance covers the same events of loss and insures the
19city against the same misconduct as the bond in compliance with
20this act.

21(c) In addition to any bond required by this act for the
22faithful performance of official duties by any elected or
23appointed officer or employe of any city or any insurance in
24lieu of the bond, council may require city officers or employes
25who as part of their official duties handle money or have money
26in their possession at any time to be covered by adequate
27insurance which provides the types of protection against loss as
28may be designated by council, which may include, but need not be
29limited to, protection against loss through robbery, burglary or
30larceny. The cost of the insurance shall be paid by the city and

1the amount of the insurance shall be fixed by council.

2Section 908. Officers not to Become Surety on Bonds Given to 
3City; Penalty.--No member of the council, or any other city 
4officer, shall become surety [in] on any bond or obligation 
5given to the city by any agent or contractor[,] for the faithful 
6performance of any trust, agency, or contract. Any person 
7violating any of the provisions of this section [shall be guilty 
8of] commits a misdemeanor[,] and shall, upon conviction, [shall 
9forfeit his] be subject to forfeiting office in accordance with 
10section 901 and [be] sentenced to pay a fine not exceeding one 
11hundred dollars.

12Section 909. Moneys and Accounts to be Delivered by Officer 
13to Successor.--Every officer of the city receiving or having in 
14[his] the officer's possession any money, accounts, property, 
15documents or effects belonging to the city shall, upon 
16termination of [his] office, deliver the same to the city or to 
17[his] the officer's qualified successor. Any person violating 
18the provisions of this section shall[, upon summary conviction 
19thereof before an alderman or justice of the peace, be sentenced 
20to pay a fine of not less than one hundred dollars or more than 
21three hundred dollars, and, in default of payment, undergo 
22imprisonment not exceeding ninety days. Such failure to deliver 
23shall, for each day thereof, be a separate and distinct 
24offense.] be subject to prosecution in accordance with the 
25applicable provisions of 18 Pa.C.S. (relating to crimes and 
26offenses). Nothing set forth in this section may limit any other 
27remedies at law or at equity available to the city.

28Section 53. Sections 910, 911, 912, 913, 914 and 915 of the
29act are repealed:

30[Section 910. Receipt of Bribe by Officer or Employe of
 

1City; Penalty.--Any member of council, or other city officer or 
2employe, who shall solicit, demand, or receive, or consent to 
3receive, directly or indirectly, for himself or for another, 
4from any company, corporation, or persons, any moneys, office, 
5appointment, employment, testimonial, reward, thing of value or 
6enjoyment or of personal advantage, or promise thereof, for his 
7vote or official influence, or for withholding the same, or with 
8an understanding, expressed or implied, that his vote or 
9official action shall be in any way influenced thereby, or who 
10shall solicit or demand such money or other advantage, matter, 
11or thing, aforesaid, for another, as the consideration of his 
12vote or official influence, or for withholding the same, or who 
13shall give or withhold his vote or influence in consideration of 
14the payment or promise of such money, advantage, or thing to 
15another, shall be guilty of bribery, a felony, and, upon 
16conviction thereof, shall be sentenced to pay a fine not 
17exceeding ten thousand dollars, and to undergo imprisonment for 
18a period not exceeding five years, and shall be forever 
19incapable of holding any place of profit or trust in this 
20Commonwealth.

21Section 911. Bribery of Officers or Employes; Penalty.--Any
22person who shall, directly or indirectly, offer, give, or
23promise any money or anything of value, testimonial, privilege,
24or personal advantage to any member of council or other city
25officer or employe, to influence him in the performance or
26nonperformance of any of his public or official duties, shall be
27guilty of bribery, and, upon conviction thereof, shall be
28sentenced to pay a fine not exceeding ten thousand dollars, and
29to undergo imprisonment for a period not exceeding five years,
30and shall be forever incapable of holding any place of profit or

1trust in this Commonwealth.

2Section 912. City Property not to be Used by Officers for
3Gain; Penalty.--No portion of the property of the city shall be
4used for private gain by any officer of the city, councilman,
5agent or employe of said city, or any department thereof; nor
6shall the same be wilfully used or injured, or be sold or
7disposed of in any manner by any officer, councilman, agent or
8employe, without the consent of the council. Any person
9violating any of the provisions of this section shall be guilty
10of a misdemeanor, and, upon conviction, shall be sentenced to
11pay a fine not exceeding five hundred dollars, or to undergo
12imprisonment not exceeding one year, or both, at the discretion
13of the court. Upon such conviction, the party offending shall be
14forthwith removed from his office or employment, and shall not
15thereafter be eligible to election or appointment to any place
16of profit or trust under said city, or any department thereof.

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

1engaged in all types of construction work. Any official,
2officer, agent or employe of a city or any department, office,
3institution or agency thereof, violating the provisions of this
4section, shall, upon summary conviction thereof, forfeit and pay
5to the city a fine of not less than one hundred nor more than
6three hundred dollars for each such offense, or in default
7thereof undergo imprisonment for not more than ninety days; and
8each day's violation shall constitute a separate and distinct
9offense.

10Section 914. Warrants or Claims not to be Purchased by
11Officers; Penalty.--No member of the council or other officer of
12such city, shall purchase any warrant, order, or claim for labor
13or supplies furnished to said city, nor be interested, directly
14or indirectly, in the purchase of the same for any sum less than
15the amount specified therein. Any such person violating any of
16the provisions of this section shall be guilty of a misdemeanor,
17and, upon conviction thereof, shall forfeit his office and be
18sentenced to pay a fine not exceeding one hundred dollars.

19Section 915. Imposition of Penalties.--Whenever any offense
20punishable under this article IX shall also be punishable under
21the Penal Code of 1939, the penalties imposed, other than
22forfeiture of office or right to hold office, shall be only
23those prescribed by said Penal Code.]

24Section 54. Section 916 of the act, amended September 26,
251951 (P.L.1515, No.379), is amended to read:

26Section 916. [City Leagues] Pennsylvania Municipal League 
27and Other Municipal Affairs Organizations.--Any city may unite 
28with other cities, or with the cities of two or more classes, or 
29with any other municipalities, and may form and organize 
30[leagues] a league of said cities[,] and municipalities and hold
 

1annual conventions for the study and consideration of such 
2municipal affairs as concern and pertain to the cities and 
3municipalities comprising the league. [Each] A city that is a 
4member of [a] the league may send delegates thereto and pay the 
5necessary expenses incident to their attending [said] the annual 
6convention, [and] pay dues to the league, appropriate moneys to 
7join and participate in any of the various business and training 
8programs of the league designed to address municipal needs in a 
9cost-efficient manner and provide a fund for the necessary costs 
10and expenses of the league and league conventions and the work 
11carried on by [said] the league. Each delegate shall submit to 
12the city controller for approval an itemized account of [his] 
13the delegate's expenses to be paid [him] under the authority of 
14this section. Council is hereby authorized to appropriate 
15[monies] moneys for like support of and participation in other 
16organizations at the national and State level concerned with 
17municipal affairs.

18Section 55. Section 917 of the act is amended to read:

19Section 917. Powers of Subpoena; Compelling Testimony.--[In 
20any case where an official or officer of the city or any agency 
21thereof created or authorized by this act is specifically 
22empowered to conduct hearings and investigations, such officer, 
23official or agency] (a) This section applies to any of the 
24following that are specifically empowered to conduct hearings 
25and investigations:

26(1) an officer or official of the city; or

27(2) a city agency created or authorized to be created by
28this act.

29(b) The officer, official or city agency referred to in 
30subsection (a) shall have authority, for the purposes of [such]
 

1hearings or investigations, to issue subpoenas for the 
2attendance and giving of testimony of [such] witnesses as are 
3subject to the subpoenas of the courts of record of this 
4Commonwealth, and to issue subpoenas duces tecum as to [such] 
5the witnesses.

6(c) In the case of [any] a city agency, [such] the subpoenas 
7shall [issue] be issued in the name of the city and of the 
8agency upon the signature of the presiding officer [thereof] of 
9the city and the official seal, if any, of the agency. [Any 
10person refusing to obey the orders of any such subpoena shall, 
11upon summary conviction thereof before an alderman of the city, 
12be fined not less than ten nor more than three hundred dollars, 
13and in default of payment thereof shall be imprisoned for a 
14period not in excess of thirty days. All such fines shall be 
15paid to the city treasurer for the use of the city.]

16(d) Subpoenas shall be served by any adult person as
17directed by the city or city agency, in accordance with the
18rules of civil procedure, and return of service shall be filed
19in accordance with law and applicable rules of court.

20(e) Subpoenas issued by any officer or official of the city
21or any city agency shall be enforced in the same manner, and
22violations of a subpoena shall be subject to the same penalties
23as provided by general law for subpoenas of the courts of common
24pleas of the Commonwealth.

25Section 56. Section 918 of the act, added August 1, 1963
26(P.L.459, No.244), is amended to read:

27Section 918. Consolidation or Integration of Fire and Police 
28Personnel Prohibited.--No city shall consolidate, integrate or 
29in any manner reorganize the paid members of the fire [bureau] 
30force and the paid members of the police [bureau] force into one
 

1bureau or organization.

2Section 57. Article X and subdivision (a) headings of the
3act are reenacted to read:

4ARTICLE X

5THE COUNCIL

6(a) General Provisions

7Section 58. Section 1001 of the act, amended July 27, 1973
8(P.L.230, No.60), is amended to read:

9Section 1001. Qualifications of [Councilmen.--The 
10councilmen] Council Members.--(a) The council members shall be 
11at least [twenty-one] eighteen years of age[,] and shall be 
12elected by the electors at large[. They shall have been 
13residents of the city wherein they shall be elected throughout 
14one year next before their election, and shall reside therein 
15throughout their terms of service.], subject to the creation of 
16wards pursuant to Article IV.

17(b) Council members shall reside in the city from which
18elected and shall have resided in the city continuously for at
19least one year before their election. Prior to being sworn in to
20office and as a condition to qualifying for office, each elected
21council member shall present a signed affidavit to the city
22clerk that states the person resides in the city<-, or, in the 
23case of election to a ward office, the ward, from which elected
24and has resided in the city <-or ward continuously for at least
25one year preceding the person's election.

26(c) No officer of the United States or of the Commonwealth 
27of Pennsylvania (except notaries public or officers of the 
28militia), nor any county officer, nor any officer of any school 
29district embraced in the territory of [said] the city, nor any 
30officer or employe of [said] the city, or of any department
 

1[thereof, nor any member or employe of a municipality authority 
2of which the city is a member] of the city, shall serve as a 
3[councilman during his continuance or] council member while 
4continuing to hold the incompatible office or employment, except 
5as hereinafter provided.

6Section 59. Section 1002 of the act is amended to read:

7Section 1002. Vesting of Legislative Power.--The legislative 
8power of every city shall be vested in a council composed of the 
9mayor and [four councilmen] council members.

10Section 60. Section 1003 of the act, amended April 9, 1957
11(P.L.53, No.27), is amended to read:

12Section 1003. Organization of Council.--[The] On the first 
13Monday of January following the regular municipal election, the 
14members of council shall assemble [in their] at the usual place 
15of meeting[,] for the purpose of organizing[, at ten o'clock in 
16the forenoon of the first Monday of January next succeeding the 
17regular municipal election]. If the first Monday is a legal 
18holiday, the meeting shall be held the first day following [at 
19the time herein prescribed]. The mayor shall be the president of 
20the council, and a member [thereof] of the council, and shall 
21have the same rights and duties, including the introduction of 
22bills and the making of motions, as pertain to [councilmen.] 
23other council members. Unless otherwise provided by ordinance in 
24accordance with section 1101, the vice president of city council 
25shall be the member of city council designated as the director 
26of the department of accounts and finance or, if a member of 
27city council is not the director of that department, the member 
28of council appointed by the council as its vice president.

29Section 61. Sections 1004 and 1005 of the act are amended to
30read:

1Section 1004. Oath of [Councilmen] Council Members; Quorum; 
2Rules.--(a) The members of council shall take the oath of 
3office provided for [by this act, which oath may be administered 
4by the city clerk or any other person authorized to administer 
5oaths. Three] in section 905.

6(b) A majority of the whole number of members of council 
7shall constitute a quorum, but a smaller number may compel the 
8attendance of absent members, under penalties to be prescribed 
9by ordinance. Only members physically present at a meeting place 
10within the city shall be counted in establishing a quorum. 

11(c) The council may, consistent with law, determine [its own 
12rules] and adopt rules for its procedure and conduct of 
13business.

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

1by unanimous consent of council]. A special meeting can be a 
2special purpose meeting or a general purpose meeting, as 
3advertised. Notice of a special meeting shall state the nature 
4of the business to be conducted at the meeting.

5(b) Council may provide for the participation of council
6members in meetings of council by means of telecommunication
7devices, such as telephones or computer terminals, which permit,
8at a minimum, audio communication between locations, provided
9that:

10(1) A majority of the whole number of members of council are
11physically present at the advertised meeting place within the
12city and a quorum is established at the convening or reconvening
13of the meeting. If after the convening or reconvening of the
14meeting a member has been disqualified from voting as a matter
15of law but is still physically present, council members
16participating by telecommunication device in accordance with
17this section shall be counted to maintain a quorum.

18(2) The telecommunication device used permits the member or
19members of council not physically present at the meeting to:

20(i) speak to and hear the comments and votes, if any, of the
21members of council who are physically present as well as other
22members of council who may not be physically present and who are
23also using a telecommunication device to participate in the
24meeting; and

25(ii) speak to and hear the comments of the public who are
26physically present at the meeting.

27(3) The telecommunication device used permits members of
28council and the members of the public who are physically present
29at the meeting to speak to and hear the comments and vote, if
30any, of the member or members of council who are not physically

1present at the meeting.

2(4) Council may only authorize participation by
3telecommunication device for one or more of the following
4reasons for physical absence:

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

6(ii) care for the ill or newborn in the member's immediate
7family;

8(iii) emergency;

9(iv) family or business travel.

10(5) Nothing in this subsection may be construed to limit the
11protections and prohibitions contained in any law or regulation
12relating to the rights of the disabled.

13(c) All meetings of council, whether regular or special, 
14shall be open to the public. The council shall be a continuous 
15body, and it shall be lawful for any council to complete any 
16unfinished business or legislation begun by the preceding 
17council.

18Section 62. Sections 1006, 1007, 1008, 1009, 1010 and 1011
19of the act are repealed:

20[Section 1006. Ordinances; Resolutions; Rules and 
21Regulations; Imposition of Fines.--The council of every city 
22shall pass ordinances, resolutions, rules and regulations in 
23accordance with the provisions of this act, and not inconsistent 
24therewith, as may be necessary to carry into effect the 
25requirements thereof, and may impose fines and penalties for the 
26violation of such ordinances, rules and regulations, recoverable 
27in the manner hereinafter provided for the recovery of fines and 
28penalties for the violation of city ordinances and subject to 
29like limitations as to the amount thereof.

30Section 1007. Voting; No Veto; Vote Necessary to Pass

1Ordinance.--Each of the five members of council, shall vote on
2all questions coming before the council, except as hereafter
3provided. The mayor shall have no right of veto. Except as
4otherwise provided in this act, an affirmative vote of three
5members shall be necessary in order to pass any ordinance,
6resolution, rule or regulation.

7Section 1008. Journal of Proceedings; Recording and
8Withholding of Vote.--The council shall keep a journal of its
9proceedings, which shall be in the possession of the city clerk,
10and which shall at all times be open to public inspection. Upon
11every vote, the yeas and nays shall be called and recorded by
12the city clerk. Every motion, resolution, or ordinance shall be
13reduced to writing before the vote is taken thereon. No member
14in attendance shall withhold his vote on any measure, bill or
15question unless the council excuse him and enter the reason upon
16the journal.

17Section 1009. Disclosures of Interest by Councilman.--A
18member who has a personal or private interest in any question,
19measure or bill proposed or pending before the council shall
20disclose the fact to council, and shall not vote thereon, nor
21take any part in the discussion of the same. If such interested
22person shall vote without disclosing his interest in such
23question, measure or bill, he shall forfeit his office, and
24council may avoid the enactment or transaction or not, as it
25deems best.

26Section 1010. Ordinances and Resolutions; Signing by Mayor
27and City Clerk.--Every legislative act of the council shall be
28by resolution or ordinance, and every ordinance which shall have
29passed said council shall be signed by the mayor and attested by
30the city clerk.

1Section 1011. Bills; Titles.--All proposed ordinances shall
2be presented to council in written form as bills and shall be
3numbered serially for the calendar year. They shall not be so
4altered or amended on their passage through council as to change
5their original purpose. No ordinances, except general
6appropriation ordinances, shall be passed containing more than
7one subject, which shall be expressed in its title.]

8Section 63. Section 1012 of the act, amended July 30, 1975
9(P.L.130, No.64), is repealed:

10[Section 1012. Reading of Bills; Final Passage.--The title
11of every bill shall be read when introduced and on final
12passage, except as to amendments or other changes which shall be
13read at length. A complete copy of every bill introduced shall
14be available for public inspection at the clerk's office during
15regular office hours. No bill shall be passed finally on the
16same day on which it was introduced. At least three days shall
17intervene between its introduction and its final passage. Upon
18final passage, ordinances shall be numbered serially.]

19Section 64. Section 1013 of the act is repealed:

20[Section 1013. Payments not Authorized by Law.--No ordinance
21shall be passed providing for the payment of any money by the
22city without previous authority of law. Any officer drawing or
23countersigning any warrant or passing any voucher for a payment
24not authorized by law, or making such payment, shall be guilty
25of a misdemeanor, and, upon conviction thereof, shall be
26sentenced to pay a fine not exceeding five thousand dollars, and
27undergo imprisonment not exceeding one year.]

28Section 65. Section 1014 of the act, amended December 1,
291977 (P.L.242, No.78), is repealed:

30[Section 1014. Time of Taking Effect of Ordinances;
 

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

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

1recognized code may be examined or obtained, shall be published 
2in the manner herein provided for the publication of ordinances. 
3Such building code, ordinance, housing code, ordinance, fire 
4prevention code, ordinance, electrical code, ordinance, plumbing 
5code, ordinance, or zoning ordinance or any standard or 
6nationally recognized code, ordinance, shall not be published 
7after adoption, but not less than three copies thereof shall be 
8made available for public inspection, and use during business 
9hours for at least three months after adoption, and printed 
10copies thereof shall be supplied upon demand, at cost. In any 
11case in which maps, plans or drawings of any kind are to be 
12adopted as part of an ordinance, council may, instead of 
13publishing the same as part of the ordinance, refer, in 
14publishing the ordinance or a summary thereof, to the place 
15where such maps, plans or drawings are on file and may be 
16examined.]

17Section 66. Section 1014.1 of the act, added July 10, 1957
18(P.L.631, No.340), is repealed:

19[Section 1014.1. Codification of Ordinances.--(a) When a
20city of the third class shall have caused to be prepared a
21consolidation, codification or revision, containing minor
22nonsubstantive changes of the general body of its ordinances,
23the city council may adopt the consolidation, codification or
24revision, containing minor nonsubstantive changes, as an
25ordinance, in the same manner that is now prescribed by law for
26the adoption of its ordinances except as hereinafter provided.

27(b) A consolidation, codification or revision, containing
28minor nonsubstantive changes of city ordinances, to be enacted
29as a single ordinance, shall be introduced in the city council
30at least thirty days before its final enactment and, at least

1fifteen days before its final enactment, notice of the
2introduction thereof specifying its general nature and content
3shall be given by advertisement in a newspaper of general
4circulation in the city.

5(c) When the consolidation, codification or revision,
6containing minor nonsubstantive changes, is enacted as an
7ordinance, it shall not be necessary to advertise the entire
8text thereof, but it shall be sufficient to publish or advertise
9the table of contents thereof in the manner provided by law for
10the advertising of ordinances, and to state in the advertisement
11if it be the case that the consolidation, codification or
12revision, containing minor nonsubstantive changes, contains a
13penalty or penalties. The advertisement shall indicate a place
14within the city where a copy thereof may be examined.

15(d) The procedure set forth in this section for the
16consolidation, codification or revision, containing minor
17nonsubstantive changes of city ordinances as a single ordinance,
18may also be followed in enacting a complete group or body of
19ordinances repealing or amending existing ordinances as may be
20necessary in the course of preparing a consolidation,
21codification or revision containing minor nonsubstantive changes
22of the city ordinances.

23(e) The consolidation, codification or revision, containing
24minor nonsubstantive changes, may contain matter which, when it
25becomes effective as an ordinance, will operate to adopt by
26reference any building, fire prevention or other standard or
27model code or zoning ordinance and zoning map.]

28Section 67. Section 1015 of the act is amended to read:

29Section 1015. Attendance of Witnesses and Production of 
30Books Before Council or Committee [Thereof] of Council.--(a)

1The council of any city may compel the attendance of 
2witnesses[,] and the production of books, papers, and other 
3evidence[,] at any meeting of the body or any committee 
4[thereof] of the council. For that purpose, subpoenas may 
5[issue] be issued, signed by the mayor or the [chairman] 
6chairperson of the committee, in any pending case of inquiry[,] 
7or investigation, [or impeachment,] and the [same] subpoenas may 
8be served and executed in any part of this Commonwealth. Any 
9member of council and the city clerk shall have power to 
10administer oaths to [such] the witnesses. If any witness shall 
11refuse to testify as to any fact within [his] the witness's 
12knowledge, or to produce any books or papers within [his] the 
13witness's possession or under [his] the witness's control[,] 
14required to be used as evidence in [any such] the case, the city 
15clerk shall [forthwith] report the facts relating to [such] the 
16refusal to the court of common pleas. All questions arising upon 
17[such] the refusal, and also upon any new evidence[,] not 
18included in [said] the clerk's report (which new evidence may be 
19offered in behalf of or against such witness), shall at once be 
20heard by [said] the court. If the court determines that the 
21testimony or evidence required by [such] the witness is legal 
22and properly competent[,] and ought to be given or produced by 
23[him] the witness, then [said] the court shall make an order 
24commanding [such] the witness to testify or produce books or 
25papers, or both, as the case may be. If [such] the witness shall 
26thereafter, in disobedience of [such] the order of the court, 
27refuse to testify or to produce the books or papers[, as 
28aforesaid], then the [said] court shall have power to order the 
29commitment of [such] the witness for contempt.

30(b) Any person[,] so called as a witness[,] and examined

1under oath[,] shall be liable to indictment, conviction[,] and
2punishment for perjury[,] in the same manner and to the same
3extent as if the witness had been called and examined before any
4committee of the Legislature, or in any judicial proceeding
5before any of the courts of record, in accordance with existing
6laws. [No] A person outside of [such] the city, subpoenaed [as
7aforesaid] under this section, shall be [required to respond to
8the same until he has been furnished with] entitled to be 
9reimbursed for mileage to and from [said] the city[,] at the
10[rate of ten cents per mile] maximum mileage rate periodically 
11established by the United States Internal Revenue Service, and a
12per diem allowance [of three dollars] as established by council
13for the person's time [his presence is desired] in [said] the
14city.

15Section 68. Section 1016 of the act, amended May 11, 1959
16(P.L.307, No.54), is amended to read:

17Section 1016. Salaries.--[Councilmen] (a) Council members 
18shall receive for their services during their term of service 
19annual salaries, to be fixed by ordinance, payable in [monthly 
20or semi-monthly instalments] regular installments. Councils may, 
21by the ordinance fixing [said] the salaries, provide for the 
22assessment and retention [therefrom] from the salaries of 
23reasonable fines for absence from regular or special meetings of 
24council or [councilmanic] committees of the council.

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

1participated. If council has provided that members of council
2will receive compensation on a per-meeting basis, council may
3provide for the forfeiture of up to one-twelfth of the annual
4compensation of any council member or impose another appropriate
5penalty for each unexcused absence from regularly scheduled
6legislative council sessions.

7(c) The salary paid to any [councilman] council member shall 
8[not be less than two hundred and fifty dollars per year.] be in 
9accordance with this subsection:

10(1) For the term of city [councilmen] council members in 
11newly created cities, and until [thereafter] changed by 
12ordinance, [the salary of] each [councilman shall be] council 
13member may receive a salary as follows:

14[In cities of fifteen thousand inhabitants or under by the
15last United States census, each councilman shall receive a
16salary of nine hundred dollars per annum; where said population
17is between fifteen thousand and thirty thousand, one thousand
18eight hundred dollars per annum; in cities having a population
19above thirty thousand, three thousand six hundred dollars per
20annum.]

21(i) not more than one thousand eight hundred seventy-five
22dollars per year in cities having a population of less than five
23thousand;

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

27(iii) not more than three thousand two hundred fifty dollars
28per year in cities having a population of ten thousand or more,
29but less than fifteen thousand;

30(iv) not more than four thousand one hundred twenty-five

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

3(v) not more than four thousand three hundred seventy-five
4dollars per year in cities having a population of twenty-five
5thousand or more, but less than thirty-five thousand; and

6(vi) not more than five thousand dollars per year in cities
7having a population of thirty-five thousand or more.

8(2) The compensation to be received by [councilmen shall not
9be increased or diminished after their election; but succeeding
10councils may change all compensation, said change to take effect
11as to councilmen taking office at least six months after the
12passage of the ordinance providing for such change.] council 
13members and elected officials in cities other than newly created 
14cities shall be fixed by ordinance of council finally enacted at 
15least two days prior to the last day fixed by law for candidates 
16to withdraw their names from nominating petitions previous to 
17the day of the municipal election.

18Section 69. The act is amended by adding a section to read:

19Section 1016.1. Appointment of City Clerk.--(a) The council
20of each city shall appoint a city clerk who shall be an at-will
21employe with no property interest in the city clerk's position
22and whose compensation shall be fixed by ordinance.

23(b) Council may by ordinance or resolution prescribe duties
24of the city clerk in addition to those established by law. The
25city clerk shall have the power of a notary public to administer
26oaths in any matter pertaining to the business of the city or in
27any legal proceeding in which it is interested.

28(c) The records of council shall be in the actual or
29constructive custody of the city clerk and shall be subject to
30inspection and copying in accordance with the act of February

114, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

2Section 70. Section 1017 of the act, repealed in part April
328, 1978 (P.L.202, No.53), is repealed:

4[Section 1017. Enforcement of Ordinances; Recovery and 
5Payment Over of Fines and Penalties.--All actions, prosecutions, 
6complaints, and proceedings for the violation of the ordinances 
7of the city, and for fines, penalties, and forfeitures imposed 
8thereby, shall be instituted in the corporate name of the city, 
9and be conducted in the manner prescribed by law.

10No warrant shall be issued except upon complaint, upon oath
11or affirmation, specifying the ordinance for the violation of
12which the same is issued. All process shall be directed to and
13be served by any policeman or constable of the city, who shall
14execute the same as may be provided by law.

15Warrants shall be returnable forthwith. Every summons shall
16be returnable in not less than five nor more than eight days
17from the date thereof. Upon such return, like proceedings shall
18be had in all cases as are directed by law for summary
19convictions, or proceedings for the recovery of penalties,
20before justices of the peace, with the same right of appeal from
21any final judgment entered.]

22Section 71. Section 1018 of the act is repealed:

23[Section 1018. Cost of Maintenance of Prisoners in County
24Jails.--When a prisoner shall be committed to any county jail or
25prison in this Commonwealth, either for the nonpayment of a fine
26or penalty imposed for the violation of any city ordinance, or
27while awaiting a hearing upon any charge for the violation of
28any city ordinance, the cost of proceedings and the expenses of
29maintaining such prisoner during his confinement by virtue of
30any such commitment, shall be paid by the city, whose ordinances

1were alleged to have been violated, or to which any such fines
2or penalties are payable. The county in which such city is
3located shall not be liable for any such maintenance, or to any
4officer, magistrate, alderman, or person for any costs of such
5proceedings.]

6Section 72. Article X of the act is amended by adding a
7subdivision to read:

8(a.1) Ordinances

9Section 1018.1. Ordinances and resolutions.

10(a) Ordinances.--With regard to ordinances, the following
11shall apply:

12(1) The council of every city shall enact ordinances, in
13accordance with the provisions of this act, as may be
14necessary to carry out the requirements of this act, and may
15impose fines and penalties for the violation of the
16ordinances, recoverable in the manner provided in this act
17for the recovery of fines and penalties for the violation of
18city ordinances and subject to limitations as to the amount
19of the fines and penalties.

20(2) Every legislative act of the council shall be by
21ordinance, and the legislative acts shall include, but not be
22limited to, tax ordinances, general appropriation ordinances
23and all ordinances that exercise the police power of the
24city; regulate land use, development and subdivision; impose
25building, plumbing, electrical, property maintenance, housing
26and similar standards; and otherwise regulate the conduct of
27persons or entities within the city; and impose penalties for
28the violation of the ordinances.

29(3) A proposed ordinance may be introduced by any
30council member, and council may require that the introduction

1of a proposed ordinance by a council member be by motion.

2(b) Resolutions.--With regard to resolutions, the following
3shall apply:

4(1) The council of every city shall adopt resolutions in
5accordance with the provisions of this act.

6(2) The purposes for which resolutions may be adopted
7shall include, but not be limited to, ceremonial or
8congratulatory expressions of the good will of the council,
9statements of public policy of the council, approval of
10formal agreements of the city, except when the agreements
11arise under a previously approved purchasing system of the
12city, approval of the acquisition, disposition and leasing of
13real property and the approval, when required, of
14administrative rules and regulations arising under State
15statutes or city ordinances.

16(3) When eminent domain proceedings are instituted by
17resolution, notice of the resolution, including a description
18of the subject properties, shall be published once in one
19newspaper of general circulation not more than 60 days nor
20fewer than seven days prior to adoption.

21Section 1018.2. Voting; no veto; vote necessary to enact
22ordinances or adopt resolutions.

23(a) Voting generally.--Members of council present or
24participating via a telecommunication device shall vote on all
25questions coming before the council, except as may be required
26by the provisions of any public official ethics law which may
27from time to time be applicable to members of city council and
28except as may be excused by a simple majority vote of the
29members of council present at any meeting of the council for
30such cause as they may determine to be appropriate and which

1cause shall be entered upon the journal.

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

3(c) Majority vote.--Except as otherwise provided in this
4act, no ordinance may be enacted or resolution adopted by the
5council without an affirmative vote of a majority of the whole
6number of the members of council.

7Section 1018.3. Journal of proceedings; recording and
8withholding of vote.

9The council shall keep a journal of its proceedings, which
10shall be in the possession of the city clerk and which shall at
11all times be open to public inspection. Upon every vote, the
12yeas and nays shall be called and recorded by the city clerk. An
13ordinance shall and a resolution may be reduced to writing
14before the vote is taken on the ordinance or resolution. A
15member of council shall not withhold the member's vote on any
16question coming before the council, unless permitted to do so in
17accordance with section 1018.2(a).

18Section 1018.4. Signing and attesting ordinances.

19Every legislative act of the council shall be by ordinance,
20and every ordinance enacted by council shall be signed by the
21mayor and attested by the city clerk.

22Section 1018.5. Proposed ordinances; titles.

23All proposed ordinances shall be presented to council in
24written form as bills and shall be numbered serially for the
25calendar year. No ordinances, except general appropriation
26ordinances, may be enacted containing more than one subject,
27which shall be reasonably identified in its title. No ordinance
28shall be so altered or amended upon enactment by council as to
29change the original purpose. The title of an ordinance shall not
30be considered in the construction or interpretation of the

1ordinance by a court of competent jurisdiction.

2Section 1018.6. Reading of proposed ordinances; final
3enactment.

4(a) Reading.--The title of every proposed ordinance shall be
5read at least twice, once when introduced and again before final
6enactment by council. Amendments or other changes to the
7proposed ordinance shall be read at length.

8(b) Public availability.--A complete copy of every ordinance
9introduced shall be available for public inspection at the
10clerk's office during regular office hours.

11(c) Time frame.--No ordinance shall be finally enacted by
12council on the same day on which it was introduced, and at least
13three days shall intervene between its introduction and its
14final enactment by council.

15(d) Numbering.--Upon enactment, ordinances shall be numbered
16serially.

17Section 1018.7. Payments not authorized by law.

18No ordinance may be enacted or resolution be adopted
19providing for the payment of any money by the city without
20previous authority of law. Any officer executing a document
21authorizing payment or passing a voucher for a payment not
22authorized by law, or making the payment, commits a misdemeanor
23and shall, upon conviction, be sentenced to pay a fine of not
24more than $5,000 and to imprisonment for not more than one year.

25Section 1018.8. Time of taking effect of ordinances.

26All ordinances, except those pertaining to the subjects set
27forth in section 1050(b), and unless otherwise provided by law,
28shall take effect on the tenth day after enactment, upon being
29signed by the mayor and attested by the city clerk.

30Section 1018.9. Publication of proposed ordinances.

1(a) Publication required.--Every proposed ordinance, except
2as otherwise provided in this act, shall be published in a
3newspaper of general circulation not more than 60 days nor fewer
4than seven days prior to enactment.

5(b) Contents.--Except as otherwise provided in law, the
6publication of a proposed ordinance shall include either the
7full text or the title and a summary of the ordinance setting
8forth the provisions in reasonable detail and a reference to a
9place within the city where copies of the proposed ordinance may
10be examined. If the full text is not published, the newspaper in
11which the proposed ordinance is published shall, upon request,
12be furnished a copy of the ordinance.

13(c) Readvertisement.--In the event substantial amendments
14are made in the proposed ordinance, before voting upon 
15enactment, council shall within ten days readvertise in one 
16newspaper of general circulation a brief summary setting forth
17all the provisions in reasonable detail together with a summary
18of the amendments.

19Section 1018.10. Filing of proposed ordinances.

20(a) Place of filing.--If the full text is not published, an
21attested copy of the proposed ordinance shall be filed when the
22summary of the ordinance is published in the county law library
23or other county office designated by the county commissioners
24who may impose a fee no greater than that necessary to cover the
25actual costs of storing the proposed ordinances. Filing with the 
26county may be completed by the submission of an electronic copy 
27of the ordinance through a method available, in the sole 
28discretion of the county, to permit receipt by the office 
29storing municipal ordinances. Upon request by the city, the 
30county shall notify the city of the method by which electronic
 

1copies may be submitted. The county may store the ordinance 
2electronically, provided that the public is able to access the 
3electronically stored city ordinances during regular business 
4hours at the office or at a remote location. The city shall 
5retain a printed copy of the e-mail and ordinance as 
6transmitted.

7(b) Date of filing.--The date of filing the proposed
8ordinance with the county shall not affect the effective date of
9the ordinance or the validity of the process of enactment of the
10ordinance.

11Section 1018.11. Records of ordinances maintained by city
12clerk.

13(a) Records.--All ordinances shall, within one month after
14their enactment, be certified and recorded by the city clerk in
15a book provided by the city for that purpose which shall be at
16all times open to the inspection of citizens. A standard or
17nationally recognized code or any portion of the standard or
18nationally recognized code enacted by reference need not be
19recorded in or attached to the ordinance book, but shall be
20deemed to have been legally recorded if the ordinance by which
21the code was enacted by reference is recorded, with an
22accompanying notation stating where the full text of the code is
23filed. A failure to record within the time provided shall not be 
24deemed a defect in the process of the enactment or adoption of 
25such ordinance.

26(b) Compilation or codification.--At the close of each year,
27with the advice and assistance of the city solicitor, the city
28clerk shall bind, compile or codify all the ordinances of the
29city, or true copies of the ordinances, which then remain in
30force and effect.

1(c) Indexing.--The city clerk shall also properly index the
2record books, compilation or codification of ordinances.

3(d) Retention.--The retention of ordinances shall be in
4accordance with 53 Pa.C.S. Ch. 13 Subch. F (relating to
5records).

6(e) Attachment.--A city ordinance or portions of a city
7ordinance, the text of which prior to the effective date of this
8act is attached to the city ordinance book, shall be considered
9in force as if the ordinance or portions of the ordinance were
10recorded directly upon the pages of the ordinance book.

11Section 1018.12. Proof and evidence.

12All ordinances, resolutions, motions or other proceedings of
13council may be proved by the certificate of the city clerk under
14the corporate seal and, when printed or published in book or
15pamphlet form by authority of the city, shall be read and
16received as evidence in all courts and elsewhere without further
17proof.

18Section 1018.13. Standard or nationally recognized codes.

19(a) Authority to enact.--In the same manner as other
20ordinances, and except as otherwise provided in this act or the
21Pennsylvania Construction Code Act, council may enact, by
22reference to a standard or nationally recognized code, all or
23any portion of the standard or nationally recognized code as an
24ordinance of the city. Three copies of the proposed standard or
25nationally recognized code, portion of the code or amendment to
26the code shall be filed in the office of the city clerk at least
27ten days before the city council considers the proposed
28ordinance and upon enactment shall be kept with the ordinance
29book and available for public use, inspection and examination.

30(b) Time frame.--

1(1) Except as otherwise provided by the Pennsylvania
2Construction Code Act, and regulations adopted pursuant to
3the act, an ordinance adopting by reference any standard or
4nationally recognized code shall be enacted within 60 days
5after its introduction and shall encompass subsequent changes
6in the code unless otherwise specified in the ordinance.

7(2) An ordinance which incorporates standard or
8nationally recognized code amendments by reference shall
9become effective after the same procedure and in the same
10manner as is specified in this section for original adoption
11of the code.

12(c) Technical regulations or code.--An ordinance that
13incorporates by reference standard technical regulations or code
14shall be subject to the provisions of the Pennsylvania
15Construction Code Act, if applicable.

16Section 1018.14. Maps, plans or drawings.

17Except as may be otherwise provided under the Pennsylvania
18Municipalities Planning Code, if maps, plans or drawings of any
19kind are to be adopted as part of an ordinance, the council may,
20instead of publishing the maps, plans or drawings as part of the
21ordinance, make reference in publishing the ordinance or a
22summary of the ordinance to the place where the maps, plans or
23drawings are on file and may be examined. Once enacted as part
24of an ordinance, a map, plan or drawing shall be amended by
25ordinance.

26Section 1018.15. Codification of ordinances.

27(a) Preparation authorized.--City council may prepare a
28consolidation or codification of the general body of city
29ordinances or the ordinances on a particular subject. City
30council may adopt the consolidation or codification as an

1ordinance of the city in the same manner prescribed for the
2adoption of its ordinances, except as follows:

3(1) A consolidation or codification to be enacted as a
4single ordinance shall be introduced in the city council at
5least 30 days before its final enactment; and at least 15
6days before final enactment, notice of introduction of the
7consolidation or codification specifying its general nature
8and content shall be given by advertisement in a newspaper of 
9general circulation.

10(2) The required advertised notice of the proposed
11adoption of the consolidation or codification shall include a
12listing of its table of contents, and the advertisement shall
13indicate a place within the city where a copy of the proposed
14consolidation or codification may be examined.

15(b) Additional procedure.--The procedure for the
16consolidation or codification of city ordinances as a single
17ordinance may also be followed in enacting a complete group or
18body of ordinances repealing or amending existing ordinances as
19may be necessary in the course of preparing a consolidation or
20codification of the city ordinances, except that the
21advertisement giving notice of the proposed adoption shall list,
22in lieu of a table of contents, the titles only of each of the
23ordinances in the complete group or body of ordinances.

24(c) Adoption by reference.--The consolidation or
25codification may contain matter, which, when it becomes
26effective as an ordinance, will operate to adopt by reference
27any building, fire prevention or other standard or model code or
28zoning ordinance and zoning map in accordance with section
291018.13 and, if applicable, section 1018.14.

30Section 1018.16. Enforcement of ordinances; recovery and

1payment of fines and penalties.

2(a) Enforcement.--Actions, prosecutions, complaints and
3proceedings for the violation of the ordinances of the city and
4for fines, penalties and forfeitures imposed shall be instituted
5in the corporate name of the city and be conducted in the manner
6prescribed by law.

7(b) Proceedings.--Unless otherwise provided by law,
8proceedings for the violation of the ordinances of the city
9shall be conducted as summary conviction proceedings, or
10proceedings for the recovery of penalties, before magisterial
11district judges with the same right of appeal from any final
12judgment entered.

13Section 1018.17. Penalty.

14A person who violates any ordinance enacted under the
15authority of this act for which no penalty is otherwise
16specified commits a summary offense and, upon conviction, shall
17be sentenced to pay a fine of not more than $1,000 or to
18imprisonment for not more than 90 days, or both, at the
19discretion of the court.

20Section 73. Article X subdivision (b) heading of the act is
21amended to read:

22(b) [Initiative] Initiating Ordinances

23by Electors

24Section 74. Sections 1030, 1031, 1032, 1033, 1034, 1035,
251036, 1037, 1038, 1039, 1040 and 1041 of the act are amended to
26read:

27Section 1030. Initiation of Proposed Ordinances by Petition; 
28Exceptions.--[Any] (a) Except as provided in subsection (b), a 
29proposed ordinance may be submitted to the council by a petition 
30signed by the electors of any city[, as hereinafter provided,
 

1except:

2(a) Proposed ordinances relating to any matter, subject or
3thing, which is not the subject of a referendum vote as provided
4in subdivision (c) of this article; or

5(b) Proposed ordinances to repeal, amend, or modify any
6ordinance which has been subject to the provisions of the
7referendum as provided in subdivision (c) of this article.] in 
8accordance with this subdivision.

9(b) The following proposed ordinances may not be submitted
10to council by petition in accordance with this subdivision:

11(1) Proposed ordinances dealing with the subjects set forth
12in section 1050(b).

13(2) Proposed ordinances to repeal, amend or modify an
14ordinance which took effect after having been subject to the
15provisions of the referendum for reconsideration of the
16ordinance.

17Section 1031. Petition; Notice.--[The city clerk, upon the 
18written request of one hundred qualified electors of the city, 
19directed to him, asking for the preparation of a petition for 
20the submission of any proposed ordinance to the council of such 
21city, and accompanied by a copy of the proposed ordinance, shall 
22prepare such petition within ten days, and in the meantime 
23notice shall be published, at least one time, in one newspaper, 
24in the manner provided by section one hundred and nine of this 
25act, that such petition will be ready for signing at the 
26expiration of ten days from the presentation of said request. 
27This notice shall state the purpose for which the petition is 
28made, the place where and when it may be signed. Fifteen days 
29shall be allowed for signatures.] If the city clerk receives a 
30written request for the preparation of a petition for the
 

1submission of a proposed ordinance to the city council by at 
2least one hundred qualified electors of the city and the request 
3is accompanied by a copy of the proposed ordinance, the city 
4clerk shall, within ten days after receiving the request, do 
5each of the following:

6(1) Prepare the requested petition.

7(2) Publish notice at least one time in a newspaper of 
8general circulation that provides, at a minimum, the following
9information:

10(i) The date on which the request for the petition was
11received and that the petition will be ready for signing at the
12expiration of ten days from that date.

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

14(iii) The place at which and the dates and times during
15which the petition may be signed, with fifteen days, exclusive
16of Saturdays, Sundays and holidays, being allowed for
17signatures.

18Section 1032. Signing; Oath.--[The signing] A petition for 
19the submission of a proposed ordinance shall be [done] signed in 
20the city clerk's office only. The petition shall be retained 
21[there] in the city clerk's office at all times [during the] for 
22a period of fifteen days. Each signer shall add to [his] the 
23signer's signature [his] the signer's place of residence by 
24street and number[,] and shall make oath before the city clerk 
25that [he] the signer is a qualified elector of the city and 
26resides at the address given. The city clerk shall keep [his] 
27the city clerk's office open for the purpose of permitting 
28voters to sign [such] the petition [from eight o'clock ante 
29meridian to ten o'clock post meridian of each day except Sundays 
30and holidays] at least from nine o'clock ante meridian through
 

1seven o'clock post meridian, prevailing time, Monday through 
2Friday, except holidays. [He] The city clerk shall not permit 
3any person to sign [such] petitions after [ten o'clock post 
4meridian] seven o'clock post meridian, prevailing time, on the 
5last day for signing the same.

6Section 1033. Number of Signatures; Examination and 
7Certificate by City Clerk.--[At the expiration of the fifteen 
8days aforesaid, and within ten days thereafter,] Within ten days 
9after the period of time for signing the petition has elapsed, 
10the city clerk shall examine [such] the petition[,] and, from 
11the record of registered voters of the city, ascertain whether 
12or not [said] the petition is signed by voters equal to twenty 
13per centum of all votes cast for all candidates for mayor at the 
14last preceding municipal election at which a mayor was elected. 
15If necessary, the council [shall] may allow the city clerk extra 
16help for [that] the purpose of complying with this section. The 
17city clerk shall attach to [said] the petition [his] the clerk's 
18certificate showing the result of [said] the examination. If 
19less than the required twenty per centum is certified, the 
20petition shall fail and shall be filed in the office of the city 
21clerk.

22Section 1034. Submission to Council.--If the petition [shall
23be] is certified to contain signatures equalling the required
24twenty per centum of said votes cast as aforesaid, the clerk
25shall submit the same to the council without delay.

26Section 1035. Actions by Council; Notices.--If the petition 
27accompanying the proposed ordinance [be] is signed by electors 
28equal in number to twenty per centum of the votes cast for all 
29candidates for mayor at the last preceding municipal election at 
30which a mayor was elected, the council shall either:

1(a) [Pass said] enact the proposed ordinance without
2alteration[,] within twenty days (except as otherwise provided
3herein)[,] after attachment of the clerk's certificate to the
4accompanying petition; or

5(b) [Forthwith, after the clerk shall attach to the petition
6accompanying such ordinance his certificate of sufficiency, the
7council shall call a special election] call for a referendum to
8be held at the time of the next general, municipal or primary
9election occurring at least ninety days thereafter[;], and at
10[such] which election[, such] the proposed ordinance shall be
11submitted without alteration to the vote of the electors of the
12[said] city, after attachment of the clerk's certificate to the 
13accompanying petition. Notice of [such] the election [shall be
14given as provided by the Pennsylvania Election Code.] and the 
15text of the question to be submitted to the electors shall be 
16published in the same manner as publication is required in 
17section 1201 of the Pennsylvania Election Code.

18Section 1036. Form of Ballot [or Ballot Label] on Submission 
19to Vote.--[The ballots or ballot labels used when voting upon 
20said ordinance shall be supplied by the county board of 
21elections, and shall contain a question, stating the nature of 
22the proposed ordinance, followed by the words "yes" and "no" and 
23shall be as provided in the Pennsylvania Election Code. The 
24votes shall be counted and returns thereof made and computed as 
25provided in section ten hundred and sixty-two of this act.] The 
26question to be submitted to the electors on the proposed 
27ordinance shall be framed to state the nature of the proposed 
28ordinance, followed by the words "yes" and "no," and the 
29question shall be placed on the ballots which shall be counted, 
30returned and computed in accordance with section 1062 and the
 

1election laws of the Commonwealth.

2Section 1037. Effect of Majority Vote.--If the majority of 
3the qualified electors voting on the proposed ordinance shall 
4vote in favor [thereof, such] of the ordinance, the ordinance 
5shall [thereupon] become a valid and binding ordinance of [said] 
6the city.

7Section 1038. No Repeal Within Two Years.--[Any] An 
8ordinance so proposed by petition, whether [passed] enacted by 
9council or adopted by a vote of the electors, [cannot] shall not 
10be repealed or amended within two years of its effective date 
11except by a vote of the electors.

12Section 1039. Number of Proposed Ordinances to be Submitted;
13[Special] Elections Limited.--Any number of proposed ordinances
14may be voted upon at the same election, in accordance with the
15provisions of this subdivision[: Provided, That]. Proposed 
16ordinances on the same subject matter shall not be submitted by
17petition [oftener] more frequently than once [in] every three
18years.

19Section 1040. Submission for Repeal by Council.--The council
20may submit a proposition for the repeal or amendment of [any
21such] an ordinance to be voted upon at any succeeding municipal,
22general or primary election[,] occurring at least ninety days
23[thereafter] after council's submission of the proposition.
24Should [such] the submitted proposition[, so submitted,] receive
25a majority of the votes cast [thereon] on the proposition at
26[such] the election, [such] the ordinance shall [thereby] be
27repealed or amended accordingly.

28Section 1041. Publication of Proposed Ordinance; Repeal or
29Amendment.--Whenever any proposed ordinance is to be submitted
30to the voters of the city at any election, or any ordinance is

1submitted by council for repeal or amendment, notice [thereof]
2of the election and text of the question to be submitted to the 
3electors shall be published [as required by] in the same manner 
4as publication is required in section 1201 of the Pennsylvania
5Election Code.

6Section 75. Article X subdivision (c) heading of the act is
7amended to read:

8(c) [Referendum] Reconsidering Ordinances by Electors

9Section 76. Sections 1050, 1051, 1052, 1053, 1054, 1055 and
101056 of the act are amended to read:

11Section 1050. [Referendum; Exceptions.--No] Time Ordinances 
12Go Into Effect.--(a) Except as provided in subsection (b), no
13ordinance [passed] enacted by council shall go into effect
14before ten (10) days from the time of its final [passage,
15except] enactment by council.

16(b) Ordinances dealing with the following subjects may be
17made effective upon final enactment:

18[(a)] (1) Ordinances expressly required to be [passed]
19enacted by the general laws of the State or by the provisions of
20any act of Assembly, or the provisions of which and the matters
21to be carried out [thereunder] under the ordinance are subject
22to the approval of an officer or tribunal of the [State
23Government;] Commonwealth.

24[(b)] (2) Ordinances providing for tax levies or fees,
25annual and other appropriations[,] and for the exercise of the
26right of eminent domain[;].

27[(c)] (3) Ordinances for the preservation of the public
28peace, health, morals, safety[,] and in the exercise of the
29police powers of the city government, and for the prevention and
30abatement of nuisances[;].

1[(d)] (4) Any ordinance providing for an election to
2increase indebtedness, and any other ordinance which by law must
3be submitted to an election before it shall take effect[;].

4[(e)] (5) Ordinances for the opening, paving, grading[,] or
5other improvement of streets or highways, when the improvement
6is petitioned for by a majority in number or interest of the
7abutting property owners[;].

8[(f)] (6) Ordinances for the construction of sewers[,] and
9for the purpose of keeping the streets, highways[,] and
10sidewalks in good order and repair and in a safe and passable
11condition[;].

12Section 1051. Petition; Reconsideration of Ordinance.--[If,
13during such period of ten days from the time of its final
14passage, a petition signed by electors of the city equal in
15number to at least twenty per centum of the entire vote cast for
16all candidates for mayor at the last preceding municipal
17election at which a mayor was elected, protesting against the
18passage of any ordinance other than those excepted from the
19provisions of this subdivision by the foregoing section, is
20presented to the council, said ordinance shall be suspended from
21going into operation, and council shall reconsider such
22ordinance.] With the exception of ordinances dealing with the 
23subjects set forth in section 1050(b), an ordinance shall be 
24suspended from going into operation and shall be reconsidered by 
25council if, within ten days after its final enactment, there is 
26presented to council, in accordance with this subdivision, a 
27petition protesting against enactment of the ordinance which 
28shall be signed by electors of the city equal in number to at 
29least twenty per centum of the entire vote cast for all 
30candidates for mayor at the last preceding municipal election at
 

1which a mayor was elected.

2Section 1052. Preparation of Petition by City Clerk;
3Notice.--[Such] A petition under section 1051 shall be prepared
4by the city clerk immediately upon receipt by [him] the clerk of
5the written request of one hundred qualified electors of the
6city asking that the [same] petition be prepared. Upon its
7preparation, [he] the clerk shall give notice by [one insertion
8in one of the daily newspapers, if one be published in the city,
9and, if not, then in a weekly or daily newspaper published in
10the county, that such] publication in a newspaper of general 
11circulation that the petition is ready for signing and the
12purpose of the petition, giving the place where and time when it
13may be signed. The [said] signing shall be done only in the city
14clerk's office, where the petition shall be retained during the
15period of ten days after the [passage] enactment of the [said]
16ordinance.

17Section 1053. Additional Petitions.--In order to facilitate
18the signing of [such] the petition, the city clerk shall cause
19to be made at least two additional similar petitions for signing
20by the qualified electors, and the signing of [such] the 
21additional similar petitions shall have the same force and
22effect as the signing of the original petition. The city clerk
23is hereby authorized to employ at least two persons to take
24charge of [said] the additional petitions[; the]. The city clerk
25and [said] the persons hired are hereby empowered to administer
26the oath [hereinafter] required to be taken by the electors.
27This section also shall apply [as well] to petitions initiating
28ordinances under subdivision (b).

29Section 1054. Signatures; Oath; Time of Signing.--Each
30signer of a petition under section 1051 shall add to [his] the
 

1signer's signature [his] the signer's place of residence by
2street and number[,] and shall make an oath before the city
3clerk, or other person authorized [as aforesaid] under section 
41053, that [he] the signer is a qualified elector of the city
5and resides at the address given. The city clerk shall keep
6[his] the city clerk's office open for the purpose of receiving
7signatures to the petitions [from eight o'clock ante meridian to
8ten o'clock post meridian of each day except Sundays and
9holidays. He] at least from nine o'clock ante meridian through 
10seven o'clock post meridian, prevailing time, Monday through 
11Friday. The city clerk shall not permit [any] a person to sign
12[any of the said petitions] a petition after [ten] seven o'clock
13post meridian, prevailing time, of the tenth day following the
14[passage] enactment of the ordinance on which the referendum
15vote is [prayed for] requested.

16Section 1055. Presentation of Petition to Council.--At the
17expiration of [said] ten days, the [said] petition shall be
18[deemed and taken to be] filed with and presented to the
19council, and [it shall be the duty of] the city clerk [to lay
20the same before] shall present the petition to the council at
21its first meeting [thereafter] after expiration of the ten-day 
22period.

23Section 1056. Ascertainment of Number of Signers; Report.--
24After [its] presentation of the petition to council, the city
25clerk shall ascertain from the record of registered voters of
26the city whether or not [said] the referendum petition is signed
27by voters equal to twenty per centum of all the votes cast for
28mayor at the last preceding municipal election at which a mayor
29was elected. If necessary, the council [shall allow him] may 
30allow the clerk extra help for that purpose, and, after [he] the
 

1clerk has made [said] the examination, [he] the clerk shall
2report the result [thereof] to council.

3Section 77. Sections 1057 and 1058 of the act are repealed:

4[Section 1057. Ordinances Granting Franchises.--No franchise
5or consent to occupy the public streets, highways, or other
6places in any city of the third class shall be given or granted
7to any person or persons, railroad, railway, gas, water, light,
8telephone or telegraph company, or to any public utility
9corporation, except by ordinance, and no ordinance for such
10purpose shall go into effect before thirty days after it has
11been filed with the Public Utility Commission.

12Section 1058. Petition against Ordinances; Suspension.--If,
13within said thirty days, a petition prepared, advertised, and
14perfected in all respects complying with the provisions of this
15subdivision (except that the petitioners shall have thirty days
16in which to prepare said petition), is addressed to the council,
17signed by registered electors of the city equal in number to at
18least twenty per centum of all the votes cast for mayor at the
19last preceding municipal election at which a mayor was elected,
20protesting against the passage of said ordinance, the latter
21shall be suspended, and it shall be the duty of the city clerk
22to examine said petition and ascertain, from the registry of
23voters, whether or not said petition is signed by the required
24number of electors. If necessary, the council shall allow the
25city clerk extra help for said purpose. Upon such examination he
26shall report the result to council.]

27Section 78. Sections 1059, 1060, 1061, 1062, 1063 and 1064
28of the act are amended to read:

29Section 1059. Effect of Petition; Submission to Voters.--
30If[,] in any case[,] it shall appear that the [petitions]

1petition provided for in this subdivision [have] has not been
2signed by the requisite number of voters, no action shall be
3taken, but the [ordinances] ordinance shall be [deemed and]
4taken to be in full force from the time or times [they each] it
5would have gone into effect had there been no petition against
6the [same. But in case such petitions are] ordinance. If the 
7petition is signed by electors equal to twenty per centum of all
8the votes cast for mayor as aforesaid, the council shall
9reconsider [such] the ordinance, and if the [same] ordinance is
10not entirely repealed by council on reconsideration, the council
11shall call a [special election,] referendum to be held at the
12time of the next general [or], municipal or primary election
13occurring not less than sixty days [therefrom] after the 
14reconsideration. At [such] the election, the [said] ordinance
15shall be submitted without alteration in accordance with the
16Pennsylvania Election Code.

17Section 1060. Certification [of] to County Board of
18Elections; Ballots or Ballot Labels; Expense of Elections.--The
19city clerk, after consultation with the city solicitor, shall
20certify to the county board of elections a copy of the ordinance
21and the proceedings of council directing the referendum vote,
22and the county board of elections shall cause the question to be
23printed for use in the election districts of the city. The
24preparation of ballots or ballot labels for and the holding of
25[special elections] a referendum shall be as provided in the
26Pennsylvania Election Code. Any number of ordinances may be
27referred and voted on at the same election.

28Section 1061. Form of Ballot or Ballot Label.--The ballot
29used when voting upon [such] the ordinance shall contain a
30question stating the nature of the referred ordinance followed

1by the words "yes" and "no" and shall be as provided in the
2Pennsylvania Election Code.

3Section 1062. Computing and Filing Returns.--The officers
4holding [said elections] an election shall keep tally sheets and
5make returns of votes on the referendum question in the same
6manner as tally sheets are kept and returns made in elections of
7officers and the submission of other questions as provided by
8the Pennsylvania Election Code. The returns shall be filed with
9the county board of elections which shall compute the returns
10and certify the results [thereof] to the city council. The
11returns and certifications of [all special elections] a 
12referendum question shall be made as provided in the
13Pennsylvania Election Code.

14Section 1063. Effect of the Vote.--If it shall appear that
15more persons have voted for [said] the ordinance than against
16it, the ordinance shall take immediate and full effect [without
17more] from the date the results are certified to the city
18council. If the vote is against [said] the ordinance, [it] the 
19ordinance shall be [lost] nullified and of no effect.

20Section 1064. Publication of Ordinance Before Election.--
21Before any referendum [election] is held on any ordinance[, a
22copy] in accordance with this subdivision, the city shall 
23provide notice of the ordinance which is to be submitted to the
24vote of the people [shall be published as required] by 
25publishing a copy of the ordinance in a newspaper of general 
26circulation. Publication in accordance with this section shall 
27be in addition to publication requirements of the Pennsylvania
28Election Code.

29Section 79. Article XI heading of the act is reenacted to
30read:

1ARTICLE XI

2THE EXECUTIVE DEPARTMENT

3Section 80. Sections 1101, 1102, 1103 and 1104 of the act
4are amended to read:

5Section 1101. Executive Departments.--[The executive and
6administrative powers, authority, and duties in each city shall
7be distributed into and among five departments, as follows:

81. Department of Public Affairs.

92. Department of Accounts and Finance.

103. Department of Public Safety.

114. Department of Streets and Public Improvements.

125. Department of Parks and Public Property.] The city may 
13have a department of administration and other departments as 
14council shall establish by ordinance. All of the administrative 
15functions, powers and duties of the city shall be allocated and 
16assigned within the departments established by council by 
17ordinance or, in the absence of an ordinance making this 
18allocation, among five departments, as follows:

19(1) Department of Public Affairs.

20(2) Department of Accounts and Finance.

21(3) Department of Public Safety.

22(4) Department of Streets and Public Improvements.

23(5) Department of Parks and Public Property.

24Section 1102. Determination of Powers and Duties of
25Departments.--[The council shall determine] Subject to the 
26restrictions and limitations of this act and other laws, the 
27council may, by ordinance, do all of the following:

28(1) Determine the powers and duties to be performed by[, and
29assign them to, the appropriate] each department[; shall
30prescribe].

1(2) Prescribe the powers and duties of officers and
2employes[; may assign].

3(3) Assign particular officers and employes, including 
4directors of departments, to one or more of the departments[;
5may require].

6(4) Require an officer or employe to perform duties in two
7or more departments[; and may make].

8(5) Make such other rules and regulations as may be deemed
9necessary or proper for the efficient and economical conduct of
10the business of the city.

11Section 1103. Designation of [Departments] Department
12Directors; Changes.--(a) The mayor shall be director of the
13department of public affairs and as such shall have supervision
14over the city police. In the event that council does not create 
15a department of public affairs, the mayor shall retain the 
16powers of supervision over city police.

17[The] (b) Unless otherwise provided by ordinance in 
18accordance with sections 1101 and 1102, the council shall, at
19[the biennial] its organization meeting, designate[, by majority
20vote, one councilman] by resolution one council member to be
21director of the department of accounts and finance, one to be
22director of the department of public safety, one to be director
23of the department of streets and public improvements, and one to
24be director of the department of parks and public property.
25[Such] The designation may be changed at council's discretion.

26Section 1104. Department Directors Responsible for City
27Property and Supplies; Perpetual Inventory Reports.--The
28director of each department shall be responsible for the
29personal property and supplies of the city within [his] the 
30director's department[, and]. Each department director shall

1prepare and maintain a perpetual inventory of [such] the 
2personal property and supplies[. He shall] for which the 
3director is responsible and, from time to time during the fiscal 
4year, file the inventory with the city clerk [a copy of such
5inventory from time to time during the fiscal year, and shall
6make available to the director of accounts and finance a copy of
7such inventory to assist him in the preparation of the proposed
8budget ordinance. He shall furnish a copy of such inventory to
9the council upon request.] or other official designated by 
10council. The city clerk or other designated official with whom 
11the inventory is filed shall, upon request, furnish a copy of 
12the inventory to the chief fiscal officer and to council.

13Section 81. The act is amended by adding a section to read:

14Section 1105. Quarterly Reports from Directors of
15Departments.--At the close of each quarter of the fiscal year,
16each department director shall prepare and submit to the
17director of the department of accounts and finance, if one
18exists, or to the business administrator or other official
19designated by council, a comprehensive and detailed report of
20all expenditures and operations of the director's department
21during the quarter. The person to whom the quarterly reports are
22submitted shall review and consolidate the quarterly reports and
23shall prepare and submit to council a consolidated report on the
24expenditures and operations of the entire city government,
25together with recommendations, not later than the second meeting
26of council after the close of each quarter.

27Section 82. Article XII heading of the act is reenacted to
28read:

29ARTICLE XII

30THE MAYOR

1Section 83. Section 1201 of the act, amended July 27, 1973
2(P.L.230, No.60), is amended to read:

3Section 1201. Qualifications.--The mayor shall be at least 
4[twenty-one] eighteen years of age[,] and shall be elected at 
5large by the qualified electors of the city. [He] The person 
6shall have been a resident of the city wherein [he shall be] 
7elected for at least one year[, next before his election,] 
8before the person's election and shall reside in the city 
9throughout [his] the person's term of service. Prior to being 
10sworn in to office, and as a condition to qualifying for office, 
11the elected mayor shall present a signed affidavit to the city 
12clerk that states the person resides in the city from which 
13elected and has resided in the city continuously for at least 
14one year preceding the person's election.

15Section 84. Section 1202 of the act is amended to read:

16Section 1202. Chief Executive; Inauguration.--The mayor 
17shall be the chief executive of the city. [He shall be 
18inaugurated and take the oath of office provided for by this act 
19at ten o'clock in the forenoon of the first Monday of January 
20next succeeding his election, or as soon thereafter as possible] 
21The mayor shall be inaugurated and take the oath of office in 
22accordance with sections 904 and 905 on the first Monday of 
23January following the regular municipal election. If the first 
24Monday is a legal holiday, the mayor shall be inaugurated and 
25take the oath the first day following or as soon after that day 
26as possible.

27Section 85. Section 1203 of the act, amended July 11, 1996
28(P.L.647, No.109), is amended to read:

29Section 1203. Execution of Laws; Powers of Sheriff
30Conferred; Emergency Powers.--[(a) It shall be the duty of the

1mayor and the chief executive of cities adopting the city
2manager form of government to be vigilant and active in causing
3the ordinances of the city, and the laws of the Commonwealth
4relating to the government of the city, to be executed and
5enforced.

6(b)] (a) In accordance with the powers granted in this act, 
7the mayor shall have the authority to cause the ordinances of 
8the city, and all general laws applicable to the ordinances, to 
9be executed and enforced.

10(b) The mayor shall annually report to the council and the
11public on the work of the previous year and on the condition and
12requirements of the city government and shall, from time to
13time, make such recommendations for action by the council as the
14mayor may deem in the public interest.

15(c) In order to enable [him] the mayor effectually to
16preserve the public peace within the city, all the powers which
17are devolved by the laws of this Commonwealth upon sheriffs, to
18prevent and suppress mobs, riots, and unlawful and tumultuous
19assemblies, are hereby conferred upon [him] the mayor.

20(d) When the mayor [or chief executive] considers that a
21state of emergency exists, [he] the mayor may issue [his] a 
22proclamation, which shall be in writing and copies of which
23shall be made available to all news media[,] and to each member
24of city council, declaring a state of emergency [for a period
25not to].

26(e) Upon the issuance of a proclamation declaring a state of
27emergency under subsection (d), the following shall apply:

28(1) The state of emergency shall not exceed five days,
29unless extended by action of council.

30(2) In the case of a declaration of a state of emergency by

1the mayor [or chief executive] for either a citywide or site-
2specific emergency, city agencies may temporarily implement
3their emergency assignments without regard to procedures
4required by other laws pertaining to the incurring of
5obligations and the employment of temporary workers. [In his]

6(3) The proclamation [he] may prohibit, for all or any part
7of the city in which there is a clear and present danger to life
8or property through civil disorder[;]:

9[(1) Any] (i) a person being on the public streets[,] or in
10the public parks or at any other public place during the hours
11declared by [him] the mayor to be a period of curfew;

12[(2) The] (ii) the assembling or gathering of a group of
13people, in such numbers to be designated by [him] the mayor,
14upon the public streets, parks or other public places;

15[(3) The] (iii) the entry or departure of persons into or
16from any restricted area;

17[(4) The] (iv) the sale, purchase, or dispensing of any
18commodities or goods[, as] designated by [him] the mayor;

19[(5) The] (v) the transportation, possession or use of
20gasoline, kerosene, or other combustible, flammable or explosive
21liquids or materials, except in connection with the normal
22operation of motor vehicles, normal home use[,] or legitimate
23commercial use; or

24[(6) Any] (vi) any other [such] activities as [he] the 
25mayor reasonably believes [should be prohibited to help
26preserve] would cause a clear and present danger to the 
27preservation of life, health, property or the public peace.

28[(c)] (f) The proclamation of an emergency shall describe
29any restricted area with particularity and shall specify the
30hours during which such restrictions are to be in effect.

1[(d)] (g) Any person violating [such] a proclamation of
2emergency [shall be guilty of] commits a summary offense and
3shall, upon conviction, be sentenced [to pay a fine not to
4exceed three hundred dollars ($300) or to undergo imprisonment
5not to exceed thirty days, or both] as provided by law.

6Section 86. Sections 1204 and 1205 of the act are amended to
7read:

8Section 1204. Official Seal of Mayor.--Council shall provide 
9an official seal for the mayor [and prescribe the form thereof] 
10in such form as the mayor may reasonably request, which shall 
11not be changed during the mayor's term of office.

12Section 1205. Supervision of Conduct of City Officers.--The 
13mayor shall supervise the conduct of all city officers, examine 
14the grounds of all reasonable complaints against any of them, 
15and cause all of their violations or neglect of duty to be 
16promptly punished or reported [to the council] for correction in 
17the manner council may direct. For the purposes [aforesaid, he] 
18of this section, the mayor is hereby empowered to issue 
19subpoenas and compulsory processes, under [his] the mayor's 
20official seal, for the attendance of [such] persons and the 
21production of [such] books and papers as [he] the mayor may deem 
22necessary[, and shall have like enforcement of such subpoenas as 
23is]. A subpoena shall be enforced in the manner provided for 
24council in section [one thousand fifteen of this act] 1015.

25Section 87. Section 1206 of the act, amended September 29,
261955 (P.L.653, No.177), is amended to read:

27Section 1206. [Quarterly Reports from Directors of 
28Department;] Report of Mayor to Council; Information from 
29Directors of Departments.--[The director of each department of 
30the city shall prepare and submit to the Director of the
 

1Department of Accounts and Finance, at the close of each quarter 
2of the fiscal year, a comprehensive and detailed report of all 
3expenditures and operation of his department during the quarter. 
4The Director of the Department of Accounts and Finance shall 
5review and consolidate such quarterly reports and shall prepare 
6and submit to council a consolidated report on the expenditures 
7and operations of the entire city government, together with his 
8recommendations, not later than the second meeting of council 
9after the close of each quarter.] The mayor shall have the 
10authority, at all times, to call upon any official of the city 
11or heads of departments for any information as to the affairs 
12under their control and management as [he] the mayor may 
13require. [He] The mayor may likewise report upon any and all 
14matters of city government as frequently to council as [he] the 
15mayor deems conducive to the interest and welfare of the city.

16Section 88. Section 1207 of the act, amended August 21, 1953
17(P.L.1292, No.364) and repealed in part April 28, 1978 (P.L.202,
18No.53), is amended to read:

19Section 1207. [Criminal and Civil Jurisdiction; Docket; 
20Fees.--He] Power to Take Acknowledgments and Oaths and to 
21Formalize Marriages.--The mayor shall be empowered to take 
22acknowledgments of any instruments in writing[,] pertaining to 
23the business of the city, solemnize marriages[,] and to 
24administer oaths and affirmations[,] as to city business[,] and 
25shall attest all [his acts with his official seal] the mayor's 
26acts with the mayor's official seal, if any.

27Section 89. Section 1208 of the act, amended May 11, 1959
28(P.L.307, No.54), is amended to read:

29Section 1208. Salary.--(a) (1) The mayor of each city 
30shall receive for [his] the mayor's services during the term of
 

1service an annual salary to be fixed by ordinance, payable in 
2[such] equal [installments] installments as council shall 
3provide.

4(2) The council shall, by ordinance, fix the amount of 
5salary to be paid to the mayor for [his] the mayor's services[,] 
6and may provide for the assessment and retention [therefrom] 
7from the salary of reasonable fines for absence from regular or 
8special meetings of council or [councilmanic] committees of 
9council.

10(3) The amount of the mayor's salary [in cities] shall not 
11be less than two thousand five hundred dollars.

12(b) Until changed by ordinance, the salary of mayors in 
13newly created cities [shall] may be as follows: [In cities 
14having a population of fifteen thousand or under, by the last 
15United States census, one thousand two hundred dollars per 
16annum; in cities having a population of over fifteen thousand, 
17and less than thirty thousand inhabitants, two thousand four 
18hundred dollars per annum; in cities having a population 
19exceeding thirty thousand, four thousand eight hundred dollars 
20per annum.

21The amount of compensation for the mayor in any of the said
22cities shall not be increased or diminished after his election.
23Succeeding councils may change the amount of the mayor's
24compensation, but such change shall not affect the compensation
25of the mayor then in office or of any person taking office as
26mayor within six months of final passage of the ordinance
27providing for such change.]

28(1) in cities with a population of less than five thousand,
29a maximum of two thousand five hundred dollars a year;

30(2) in cities with a population of five thousand or more but

1less than ten thousand, a maximum of five thousand dollars a
2year;

3(3) in cities with a population of ten thousand or more but
4less than fifteen thousand, a maximum of seven thousand five
5hundred dollars a year; and

6(4) in any city with a population in excess of fifteen
7thousand, the salary of the mayor shall not exceed five hundred
8dollars a year per thousand population or fraction of a
9thousand, the population to be determined by the latest official
10census figures.

11(c) The compensation to be received by a mayor in cities
12other than newly created cities shall be fixed by ordinance of
13council enacted at least two days prior to the last day fixed by
14law for candidates to withdraw their names from nominating
15petitions previous to the day of the municipal election. The
16compensation to be received by the mayor shall not be increased
17or diminished after the mayor's election unless the increase or
18decrease was included in an ordinance enacted at least two days
19prior to the last day fixed by law for candidates to withdraw
20their names from nominating petitions previous to the day of the
21municipal election.

22(d) (1) Subject to clause (2) and notwithstanding any other
23provisions of law, a mayor may receive an honorarium, fee or
24reimbursement of expenses related to the performance of a
25marriage ceremony in this Commonwealth, if the mayor first
26notifies council in writing of the mayor's intention to perform
27marriage ceremonies. A notification pursuant to this clause
28shall remain in effect for the term of the mayor or until such
29time as the notification is rescinded by the mayor.

30(2) The honorarium or fee shall not exceed one hundred fifty

1dollars for each ceremony performed. The mayor shall keep
2accurate accounts of the fees received relating to the
3performance of marriage ceremonies and provide council each
4quarter with a report of moneys received for that period. The
5quarterly report shall include the amount of money received, the
6names of persons from whom money was received along with the
7date and the location of the performed ceremony and shall be
8considered a public record.

9(3) The receipt of a fee under this subsection shall not be
10considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics
11standards and financial disclosure) and shall not be considered
12compensation under this act.

13Section 90. Section 1209 of the act is amended to read:

14Section 1209. Acting Mayor; Powers and Duties.--[The member 
15of city council who shall be designated as the director of the 
16department of accounts and finance shall be vice president of 
17the city council, and acting mayor of the city during the 
18absence or inability of the mayor to act; and, during such 
19absence or inability, he] During the absence of the mayor or the 
20inability of the mayor to act, the vice president of city 
21council shall be the acting mayor who shall exercise all the 
22rights and powers of the mayor. In the event of a vacancy in the 
23office of the mayor by reason of death, resignation, or 
24otherwise, the vice president of council shall, in like manner, 
25act as the mayor and shall, while acting as mayor, receive the 
26compensation of mayor but not [of director of accounts and 
27finance or councilman during such incumbency] any compensation 
28as a council member, until the successor of the mayor is duly 
29[elected] appointed and qualified [as hereinbefore provided] in 
30accordance with section 901. In case of the absence or inability
 

1of the [director of accounts and finance to act] vice president 
2of council to act as mayor, the council shall designate another 
3one of its members to act as mayor.

4Section 91. Article XII-A heading of the act, added July 7,
52011 (P.L.307, No.75), is reenacted to read:

6ARTICLE XII-A

7CITY ADMINISTRATOR OR MANAGER

8Section 92. Sections 1201-A and 1202-A of the act, added
9July 7, 2011 (P.L.307, No.75), are reenacted to read:

10Section 1201-A. Office of city administrator or manager.

11City council may, at its discretion at any time, by
12ordinance, enacted by a majority vote of all members elected to
13council, create the office of city administrator or manager and
14may in like manner abolish the same. The appointed office of
15city administrator when referenced in this article may also be
16referred to as city manager, and a reference to a city
17administrator shall be deemed a reference to a city manager.

18Section 1202-A. Appointment; selection; removal.

19In a city in which the office of city administrator has been
20created, council shall appoint a person to fill that office
21initially, and thereafter, whenever a vacancy exists in the
22office. The appointment of a person to fill the office of city
23administrator shall be by an affirmative vote of a majority of
24all the members of council. Council shall select a city
25administrator on the basis of executive and administrative
26qualifications, education and experience and may give special
27consideration to applicants with training and experience in
28municipal government operation. The city administrator shall
29serve at the pleasure of council, subject to contractual rights
30that may arise under an employment agreement that may be entered

1in accordance with section 1203-A.

2Section 93. Section 1203-A of the act, added July 7, 2011
3(P.L.307, No.75), is amended to read:

4Section 1203-A. Employment agreement.

5Council may enter into an employment agreement with the city
6administrator. The employment agreement may set forth the terms
7and conditions of employment, and the agreement may provide that
8it shall remain in effect for a specified period terminating no
9later than two years after the effective date of the agreement
10or the date of the [organization] organizational meeting of
11council following the next municipal election, whichever shall
12first occur. An employment agreement entered into pursuant to
13this section may specify conditions under which a city
14administrator would be entitled to severance compensation, but
15in no event shall an employment agreement guarantee employment
16through the term of the agreement or confer upon the city
17administrator any legal remedy based on specific performance.
18Any employment agreement with a city administrator executed on 
19or after a municipal election but before the first meeting in 
20January the year after the municipal election shall be void.

21Section 94. Sections 1204-A and 1205-A of the act, added
22July 7, 2011 (P.L.307, No.75), are reenacted to read:

23Section 1204-A. Residency and elective city office.

24At the time a person is appointed to fill the office of city
25administrator, the appointee need not be a resident of the city.
26After appointment, the city administrator may reside outside the
27city only with the approval of council. The city administrator
28shall not hold any elective city office.

29Section 1205-A. Powers and duties.

30(a) Powers and duties generally.--Council may, by ordinance,

1vest in the city administrator powers and duties relating to the
2general management of city business and to the enforcement of
3city ordinances and regulations. The powers and duties conferred
4upon a city administrator in accordance with this section shall
5not be construed as diminishing powers granted to other city
6officers by statute or ordinance.

7(b) Specific powers.--The powers and duties that may be
8conferred upon a city administrator by council may include, but
9shall not be limited to, any or all of the following:

10(1) To be the chief administrative officer of the city
11responsible to the city council as a whole for the proper and
12efficient administration of the affairs of the city.

13(2) To direct and supervise the administration of all
14departments and functions of the city, except as otherwise
15provided by ordinance or law.

16(3) Except as otherwise provided by this act, to appoint
17city employees on the basis of merit system principles and
18suspend, remove or otherwise discipline employees, subject to
19the following:

20(i) The city administrator may make recommendations
21to council concerning appointments or removals at the
22department head level.

23(ii) Prior to any action being taken with regard to
24appointments or removals at the department head level,
25the city administrator shall confer with council.

26(iii) Council must confirm appointments or removals
27at the department head level.

28(4) To designate a qualified administrative officer of
29the city to perform the city administrator's duties during
30the city administrator's temporary absence or disability. In

1the event the city administrator fails or is unable to make
2such designation, or, if the absence or disability continues
3more than 30 days, the council may, by resolution, appoint an
4officer of the city to perform the duties of the city
5administrator during the city administrator's absence or
6disability until the city administrator is able to return to
7work.

8(5) To negotiate contracts for the city, subject to the
9approval of city council, make recommendations concerning the
10nature and location of municipal improvements and execute
11municipal improvements as determined by the city council.

12(6) To see that all terms and conditions imposed in
13favor of the city or its inhabitants in any statute,
14franchise or contract are faithfully kept and performed, and
15upon knowledge of any violation, call the same to the
16attention of the city council.

17(7) To attend all meetings of the city council with the
18right to take part in the discussions, but without the right
19to vote.

20(8) To recommend to the city council for adoption such
21measures as the administrator may deem necessary or
22expedient, keep the council advised of the financial
23condition of the city and make reports to the council as
24requested by it.

25(9) To investigate at any time the affairs of any
26officer or department of the city that is under the
27administrator's jurisdiction.

28(10) To prepare and submit the annual city budget for
29review and approval by the city council. The recommended
30budget shall be submitted to city council for its review no

1later than the last stated meeting in November. The budget so
2submitted shall be accompanied by an enabling ordinance,
3together with such explanatory comment or statement as the
4administrator may deem desirable. The budget document shall
5be in such form as is required by law for city budgets and
6shall contain such additional documentation or explanation of
7the various items of expenditure and revenue as may be
8required by council.

9(11) To perform such other duties as may be designated
10by the city council in the enabling ordinance.

11Section 95. Article XIII heading of the act is repealed:

12[ARTICLE XIII

13CITY CLERK]

14Section 96. Sections 1301, 1302 and 1303 of the act are 
15repealed:

16[Section 1301. Appointment; Compensation; Removal.--The
17council of each city shall appoint a city clerk on the first
18Monday of May, one thousand nine hundred and fifty-two, and on
19the first Monday of May every fourth year thereafter, and fix
20his compensation by ordinance. He shall serve for a term of four
21years and until his successor is duly appointed and qualified.

22Section 1302. Power to Administer Oaths; Duties.--The city
23clerk shall have the power of a notary public to administer
24oaths in any matter pertaining to the business of said city, or
25in any legal proceeding in which it is interested. He shall also
26perform such other duties as shall be prescribed for his office
27by law, ordinance or resolution of council.

28Section 1303. Records Open to Inspection.--The records and 
29documents of city council of every city shall be kept in the 
30office of the city clerk and shall be open to the inspection of
 

1any taxpayer thereof, his, her, or its agent, upon demand 
2therefor during office hours.]

3Section 97. Article XIV heading of the act is reenacted to
4read:

5ARTICLE XIV

6THE CITY TREASURER

7Section 98. Section 1401 of the act, amended July 27, 1973
8(P.L.229, No.59), is amended to read:

9Section 1401. Qualifications.--The city treasurer shall be 
10[a competent] an accountant, at least twenty-one years of age, 
11and shall have been a resident of the city for at least one year 
12[next prior to his] before the person's election. [He] The 
13elected treasurer shall reside in the city throughout [his] the 
14treasurer's term of office. Prior to being sworn in to office, 
15and as a condition to qualifying for office, the elected 
16treasurer shall present a signed affidavit to the city clerk 
17that states the person resides in the city from which elected 
18and has resided in the city continuously for at least one year 
19preceding the person's election.

20Section 99. Section 1402 of the act, amended July 2, 1953
21(P.L.318, No.67), is amended to read:

22Section 1402. Bond; Insurance; Salary.--[The city treasurer 
23shall give lawful fidelity bond to the Commonwealth, with a 
24surety company authorized by law to act as surety, to be 
25approved by the city council, in such sum as it may by ordinance 
26direct, conditioned for the accounting for and paying over all 
27moneys received by him in his capacity as city treasurer and the 
28safekeeping and payment over of all public moneys entrusted to 
29his care, and that as tax collector of city, county, institution 
30district, and school taxes he shall account for and pay over all
 

1moneys received by him as taxes, penalties and interest. The 
2city treasurer shall in addition furnish adequate insurance 
3protection against any and all losses of said funds through 
4fire, burglary, larceny, theft, robbery or forgery. Such 
5insurance shall be approved by the city council in such sum as 
6it may by ordinance direct. The city treasurer and his surety 
7shall be discharged from further liability on any bond as tax 
8collector, as soon as all tax items contained in the duplicates 
9delivered to him are either: (1) collected and paid over, or (2) 
10certified to the city council for entry as liens in the office 
11of the prothonotary, or as claims in the tax claim bureau, as 
12the case may be, or (3) returned to the county treasurer or city 
13treasurer for sale, or (4) in the case of taxes, not levied upon 
14real estate, a record of those which remain uncollected is filed 
15with the tax authority. The city treasurer shall be required to 
16give, in addition to insurance as aforesaid, but one bond which 
17shall include his duties as city treasurer and collector of 
18city, county, institution district, and school taxes, and shall 
19cover the full term of his office. Should any of the taxing 
20districts be of the opinion at any time that the bond and 
21insurance as aforesaid provided by the city treasurer is not 
22sufficient in amount as to the surety and insurance thereon, the 
23said taxing district may petition the court of quarter sessions 
24having jurisdiction in the city to have the city treasurer 
25furnish additional bond and insurance as aforesaid. Thereupon, 
26the city treasurer shall furnish such additional bond and 
27insurance, if any, as the said court may prescribe. The premium 
28of the bond or bonds and insurance shall be paid by the city or 
29shared pro rata by the taxing districts interested, as the case 
30may be, according to their respective tax interests. The
 

1treasurer shall not in any event be required to provide bond or 
2bonds and insurance in an amount in excess of the taxes to be 
3collected by him. The bond or bonds and insurance provided by 
4the city treasurer shall or be for the use of the city and the 
5taxing districts involved. He shall, as city treasurer, receive 
6a fixed annual salary, to be provided by ordinance. His 
7compensation as tax collector for the city, county, institution 
8district and school district shall be as provided for in the 
9Local Tax Collection Law.] (a) The city treasurer shall give 
10lawful fidelity bond, covering the full term of office, for the 
11faithful performance of official duties, including duties as tax 
12collector of city, county, institution district and school 
13taxes. In addition to being subject to such other conditions as 
14council may direct, the bond of the city treasurer shall be 
15conditioned upon the following:

16(1) The accounting for and paying over of all moneys
17received as city treasurer.

18(2) The accounting for and paying over of all moneys
19received, including taxes, penalties and interest, as tax
20collector of city, county, institution district and school
21taxes.

22(3) The safekeeping and payment over of all public moneys
23entrusted to the treasurer's care.

24(b) Council may require two bonds from the city treasurer:

25(1) A bond for the faithful performance by the city
26treasurer of official duties other than those of tax collector.

27(2) A bond covering the duties of the city treasurer as
28collector of city, county, institution district and school
29taxes.

30In lieu of the bond required for the faithful performance by the

1city treasurer of official duties other than those of tax
2collector, council may purchase insurance, provided that the
3insurance covers the same events of loss and insures the county
4against the same misconduct as the bond in compliance with this
5act.

6(c) The city treasurer and the treasurer's surety shall be
7discharged from further liability on any bond as tax collector,
8as soon as each of the tax items contained in the duplicates
9delivered to the city treasurer has been:

10(1) collected and paid over;

11(2) assigned to third party assignees;

12(3) certified to the city council for entry as liens in the
13office of the prothonotary or as claims in the tax claim bureau,
14as the case may be;

15(4) returned to the county treasurer or city treasurer for
16sale; or

17(5) in the case of taxes not levied upon real estate, a
18record of those which remain uncollected is filed with the tax
19authority.

20(d) Council may require the city treasurer to be covered by
21insurance protection in accordance with section 907(c).

22(e) Should any of the taxing districts be of the opinion at
23any time that the bond or insurance provided by the city
24treasurer is not sufficient in amount, the taxing district may
25petition the court of common pleas having jurisdiction in the
26city to have the city treasurer furnish additional bond and
27insurance. Thereupon, the city treasurer shall furnish
28additional bond and insurance, if any, as the court may
29prescribe. The premium on the bond or on the bonds and insurance
30shall be shared pro rata by the taxing districts interested, as

1the case may be, according to their respective tax interests
2pursuant to the act of May 25, 1945 (P.L.1050, No.394), known as
3the "Local Tax Collection Law." The treasurer shall not in any
4event be required to provide bond or bonds and insurance in an
5amount in excess of the taxes to be collected by the treasurer.
6The bond or bonds and insurance provided by the city treasurer
7shall be for the use of the city and the taxing districts
8involved.

9(f) The city treasurer shall receive a fixed annual salary
10to be provided by ordinance. Compensation as tax collector for
11the city, county, institution district and school district shall
12be as provided for in the "Local Tax Collection Law."

13Section 100. The act is amended by adding sections to read:

14Section 1402.1. City Treasurer to be Tax Collector.--Except
15as otherwise provided by the act of December 31, 1965 (P.L.1257,
16No.511), known as "The Local Tax Enabling Act," the city
17treasurer, by virtue of the treasurer's office, shall be the
18collector of the city, county, school and institution district
19taxes assessed or levied in the city by the proper authorities
20therein. As tax collector, the city treasurer shall maintain and
21keep an office which may be the same as that of the city
22treasurer for the purpose of receiving taxes during regular
23business hours.

24Section 1402.2. Date of Delivery of Duplicate; Collection.--
25The council of each city and the county and county institution
26district authorities, now empowered or which may be hereafter
27empowered to levy taxes upon persons and property within the
28city, shall, within thirty days after the adoption of the budget
29or within thirty days after receipt of the assessment roll from
30the county, whichever is later, make out and deliver their

1respective duplicates of taxes assessed to the city treasurer to
2be collected. The proper school authorities shall make out and
3deliver the school duplicates of their respective taxes in such
4city at the time and in the manner provided by the school laws
5of this Commonwealth. All duplicates of taxes provided to or
6received by the treasurer shall at all times be open to proper
7inspection of the public and of the proper auditing and
8examining officers of the city, county or school district, as
9the case may be, and shall be delivered by the treasurer at the
10expiration of the treasurer's term to the treasurer's successor.

11Section 1402.3. Tax Liens; Schedule of Uncollected Taxes;
12Liability for False Return.--Upon the settlement of the
13duplicates of city, county, institution district and school
14taxes which by law are made a lien on real estate, the city
15treasurer as collector of taxes shall make out schedules of the
16city, county, school or institution district taxes uncollected
17upon the duplicates with a brief description of the properties
18against which the same are assessed, for the purpose of having
19the same entered for lien or sold according to law. The failure
20of the city treasurer to collect the taxes from personal
21property, when the same could have been collected, shall not
22impair the lien thereof or affect any sale made for the
23collection thereof. In case the city treasurer shall make any
24wilfully false return, the city treasurer shall be liable to any
25person or persons injured thereby.

26Section 101. Sections 1403, 1404, 1405, 1406, 1407 and 1408
27of the act are amended to read:

28Section 1403. Receipt and Payment of Moneys; Daily 
29Transmittal of Receipts; Duplicates.--The city treasurer shall 
30demand and receive all moneys payable to the city from [whatever
 

1source, and shall issue a receipt in every case to the person 
2making such payment, and shall pay all warrants duly 
3countersigned by the director of accounts and finance and the 
4city controller] such sources as the city council may from time 
5to time entrust to the city treasurer and shall issue a receipt 
6when requested in every case to the person making such payment 
7and shall pay all documents authorizing payment duly 
8countersigned. All receipts for money received on behalf of the 
9city by the treasurer shall be numbered serially and made in 
10duplicate at least, and all such duplicates shall daily, not 
11later than the next succeeding business day, be transmitted by 
12the city treasurer to the city controller.

13Section 1404. Method of Keeping Accounts.--The accounts of 
14the city treasurer shall be kept in such manner as to clearly 
15exhibit all the items of receipts and expenditures of the city, 
16[and] the sources from which the moneys are received and the 
17objects for which the same are disbursed. [He] The city 
18treasurer shall keep separate and distinct accounts of the 
19receipts and expenditures of the city, including, but not 
20limited to, the sinking fund, and [the water and lighting] each 
21department[, respectively] providing a utility service, and also 
22of every special fund [which may come into his hands].

23Section 1405. Moneys Appropriated Only to be Paid Out.--No 
24money shall be paid out of the city treasury unless the same 
25shall have been previously approved, duly authorized and 
26appropriated by council to the purpose for which it is to be 
27drawn, which shall be explicitly mentioned in the [warrant 
28therefor] document authorizing payment.

29Section 1406. Depositories of City Funds Entrusted to the 
30Treasurer by City Council.--The treasurer shall keep the public
 

1funds in [such] banks or financial depositories as council may 
2direct, under [such] restrictions and safeguards as council may 
3provide, and shall verify [his] the treasurer's accounts 
4whenever required, to the satisfaction of council.

5No treasurer complying with the provisions of this section
6and any ordinance of the city, nor [his] the treasurer's surety
7or sureties, shall be chargeable with losses of city funds
8caused by the insolvency or negligence of any [such] city
9depositories.

10Section 1407. Delivery of City Property in [His] Treasurer's 
11Possession to Successor.--The city treasurer shall, upon [the 
12termination of his] leaving office, deliver to the city or to 
13[his] the treasurer's duly qualified successor all moneys, 
14accounts, property or effects in [his] the treasurer's 
15possession belonging to the city.

16Section 1408. [Assistants and Employes.--] Appointment of 
17Deputy Treasurer and Employes; Powers; Responsibility.--(a) The 
18city treasurer [shall] may appoint [all] the following:

19(1) A deputy treasurer who, in the case of the sickness,
20absence or inability of the city treasurer to act, shall have
21the same powers and shall perform the same duties as are imposed
22by law upon the city treasurer and such appointment shall be in
23compliance with the requirements of the act of May 25, 1945
24(P.L.1050, No.394), known as the "Local Tax Collection Law."

25(2) All the assistants and employes of [his] the city 
26treasurer's office, whose number and compensation shall be fixed 
27by council[,] and who, in all other respects, shall be 
28considered as employes of the city.

29(b) All persons appointed pursuant to this section shall be
30covered by a bond, blanket bond or insurance in accordance with

1section 907.

2Section 102. Article XV heading of the act is reenacted to
3read:

4ARTICLE XV

5THE CITY ENGINEER

6Section 103. Article XV subdivision (a) heading of the act
7is repealed:

8[(a) General Provisions]

9Section 104. Sections 1501, 1502, 1503, 1504 and 1505 of the
10act are amended to read:

11Section 1501. [Election of the City Engineer; Term; Bond;
12Filling of Vacancies.--The council of each city shall, on the
13first Monday of May, one thousand nine hundred and fifty-two,
14and on the first Monday of May every fourth year thereafter, or
15as soon thereafter as practicable in each of said years, appoint
16a city engineer, who shall be a registered engineer in civil
17engineering. He shall serve for a term of four years from the
18said first Monday of May and until his successor is qualified.
19He shall receive a fixed annual salary to be provided by
20ordinance. He shall give lawful bond to the city, with a surety
21or other company authorized by law to act as surety, to be
22approved by council, in such sum as it shall by ordinance
23direct, conditioned for the faithful performance of his official
24duties. Vacancies in said office shall be filled by council for
25the unexpired term.] Appointment of City Engineer.--Council 
26shall provide for the manner of appointment and compensation of 
27the city engineer, who shall be a registered professional 
28engineer in this Commonwealth and shall serve at the pleasure of 
29council. Nothing contained herein shall prohibit council from 
30designating an engineering firm of registered professional
 

1engineers from performing the duties and functions of the city 
2engineer.

3Section 1502. Control of Engineering Matters.--The city
4engineer shall have the [superintendence, direction and control
5of the engineering matters of the city, and no department of the
6city shall employ or retain any additional engineer, except with
7the previous assent of council. Assistants and employes in the
8office of the city engineer shall be appointed in accordance
9with the civil service provisions of this act. The provisions of
10this article shall not apply to any board of commissioners of
11water-works of any city wherein the title to the water-works
12therein located is in the name of the commissioners of water-
13works.] supervision, direction and control of the engineering 
14matters of the city, and no department of the city shall employ 
15or retain any additional engineer, except with the previous 
16assent of council.

17Section 1503. Duties[; Preparation of Plans.--The city
18engineer shall perform such duties as the council shall
19prescribe with reference to the construction, reconstruction,
20maintenance and repair of all streets, pavements, sewers,
21bridges, culverts and other engineering work. He shall prepare
22plans, specifications, and estimates for all such work
23undertaken by such city, and shall, whenever required, furnish
24council, the committees thereof, the mayor, public boards, or
25heads of departments, with reports, information or estimates on
26any city engineering work, or on questions submitted by any of
27them in their official capacity.].--As authorized by council, 
28engineering work undertaken by the city shall be performed or 
29supervised by the city engineer or by another registered 
30professional engineer employed by the city for a particular
 

1purpose. The duties of the city engineer may include, but need 
2not be limited to, the following:

3(1) Preparing plans, specifications and estimates, and
4undertaking other engineering work related to constructing,
5reconstructing, maintaining and repairing streets, pavements,
6sewers, bridges, culverts and other municipal improvements.

7(2) Making reports, giving estimates, supplying information
8and responding to questions concerning city engineering work to
9city officials and employes, provided that council may regulate
10the manner, number and method of making these requests.

11(3) Conducting, supervising or directing surveys relating to
12city property and improvements authorized by law or as directed
13by council.

14(4) Preparing a topographical survey of the city or a
15general plan of city streets, marking the lines of streets, both
16those already opened and those intended to be opened for public
17use, as council may deem necessary.

18(5) Surveying, making a draft or plan of and laying out new
19or proposed streets, as council may deem necessary.

20(6) Reporting a grade for any proposed or new streets, as
21council may deem necessary.

22(7) Making reports, from time to time, as deemed expedient
23by the city engineer or as council shall direct, of the surveys
24and plans of city streets in convenient sections without
25awaiting the completion of the entire survey.

26(8) Keeping and maintaining books and records, and providing
27for certified copies of the same, as may be directed or
28authorized by council or required by law.

29Section 1504. [Certificate of Commencement and of Completion
30of Municipal Improvements.--The city engineer shall immediately

1after the completion of any municipal improvement, the cost and
2expense of which, in whole or in part, is to be paid by the
3abutting property, make certificate in which he shall state the
4day or time on which the particular improvement was completed,
5and shall file the same with the city clerk, who shall enter the
6said day or time of completion in a book to be kept by him for
7said purposes; and the said day or time mentioned in said
8certificate shall be conclusive on all parties as to the time
9the said work was completed. The time of completion of the work,
10referred to in this section and in other parts of this act,
11shall be taken to mean the time of the completion of the whole
12contract for the improvement. He shall also furnish to the city
13clerk a certificate showing the time on which any such
14particular improvement was commenced, and such certificate shall
15be conclusive evidence of the time when the said improvement was
16begun. An entry of such date shall be made by said clerk in the
17books aforesaid.] Certifying Commencement and Completion of 
18Municipal Improvements.--Within a reasonable time after the 
19completion of any municipal improvement, the cost and expense of 
20which, in whole or in part, is to be paid by the abutting 
21property owner or owners, the city engineer, or employes 
22designated by the city engineer, shall certify the day or time 
23on which the particular improvement was commenced and the day or 
24time on which the particular improvement was completed, shall 
25file the same with the city clerk who shall maintain a 
26centralized book or listing of certificates of commencement and 
27completion, and shall provide notice of the filing to the city 
28solicitor. The day or time of completion of the work, referred 
29to in this section and in other parts of this act, shall mean 
30the time of the completion of the whole contract for the
 

1improvement. Information filed with the clerk certifying the day 
2or time of the commencement and completion of the work shall be 
3conclusive evidence of the day or time when the improvement was 
4begun and completed.

5Section 1505. [Surveys.--The city engineer shall have the
6charge and direction of all surveys and regulations authorized
7by any act of Assembly, or ordinance of such city, and shall
8perform such other duties as council shall direct.] Surveys; 
9Entering Upon the Lands of Others.--For the purposes of carrying 
10out authorized surveys, laying out streets or of other 
11engineering work of the city, the city engineer or other persons 
12engaged in city engineering work shall have full power and 
13authority to enter upon the lands and premises of any person or 
14persons within the city.

15Section 105. Article XV subdivision (b) heading, sections
161515, 1516, 1517, 1518, 1519, 1520 and 1521, subdivision (c)
17heading and sections 1530, 1531, 1532, 1533, 1534, 1535, 1536,
181537 and 1538 are repealed:

19[(b) Real Estate Registry

20Section 1515. Council to Provide for Registry of Real
21Estate.--For the purpose of procuring accurate information in
22reference to the ownership of all real estate, the council of
23each city shall provide, by ordinance, for a registry thereof in
24accordance with this subdivision.

25Section 1516. Preparation of Books, Plans and Maps.--The
26city engineer of any city in which such registry shall be
27established shall cause to be made all such necessary books,
28maps and plans as will show the situation and dimensions of each
29property therein, which books, maps or plans shall be so
30prepared as to show the city number, and name of the owner or

1owners thereof, with blank spaces for the owner of each lot,
2with provision for the names of future owners, and dates of
3future transfer of title. For such purpose, the city engineer
4shall have free access, without charge, to any of the public
5records wherein the necessary information may be obtainable
6therefor. He may also cause search to be made in any other place
7for any muniments or evidence of title, not reported to him as
8hereinafter provided, and requisite for the completion of said
9books, maps or plans.

10Section 1517. Preservation of Records.--The said books, maps
11and plans shall be carefully preserved in the office of the
12engineer, and shall be so kept, by additions from time to time,
13or otherwise, as to show the ownership of every lot or piece of
14real estate, or subdivision thereof, within the city limits,
15with the successive transmissions of title, from the date of the
16commencement of such plans; but nothing herein or in this
17article shall invalidate any municipal or tax claim by reason of
18the fact that the same is not assessed or levied against the
19registered owner.

20Section 1518. Certified Copies of Entries Admissible as
21Evidence.--Certified copies, signed by the city engineer, of any
22of the entries in said books, or upon said maps or plans, shall
23be received in evidence in the same manner as the books, maps
24and plans themselves might be admissible for such purposes; and
25may be also furnished to any person desiring the same, for such
26fee or compensation for the use of the city as may be fixed by
27ordinance.

28Section 1519. Duties Imposed on Owners of Real Estate when
29Registry Established; Penalty.--All owners of unregistered real
30estate within the city limits, within thirty days from the date

1of the approval of the ordinance establishing such registry, and
2every subsequent purchaser, devisee, or person acquiring title
3by partition or otherwise, to any real estate therein, within
4thirty days after acquiring such title, shall furnish to the
5said engineer, at his office, descriptions of their respective
6properties, upon blanks to be furnished by the city, and, at the
7same time, present their conveyance to be stamped by said
8engineer, without charge, as evidence of the registration
9thereof. Any person or persons neglecting or refusing to comply
10with the provisions of this section, for a period of thirty days
11after public notice of the requirements thereof, shall be liable
12to a penalty of five dollars, to be recovered, with costs of
13suit, in the name and for the use of the city, as penalties for
14the violation of city ordinances are recoverable: Provided,
15however, That such registration may within said thirty day
16period be also effected by the recorder of deeds of the county,
17in accordance with existing law.

18Section 1520. Registry of Properties Sold at Judicial
19Sales.--The sheriffs of the respective counties in which such
20cities are situated shall present for registry the deeds of all
21properties within the city limits sold by them at judicial
22sales, whether by execution, in partition, or otherwise.

23Section 1521. Filing of Municipal Claims.--Each city's
24registry may be used as the lawful and proper source of property
25owners' or reputed owners' names for the purpose of filing
26municipal claims as liens or of reviving municipal liens.

27(c) Topographical Survey

28Section 1530. Council May Authorize Topographical Survey.--
29Any city may, by ordinance, cause a topographical survey
30thereof, to be made by its city engineer, or by such other civil

1engineer and assistants as they may employ for that purpose.

2Section 1531. Plan of Streets and Highways; Surveys;
3Grades.--The city engineer, upon being duly authorized, shall
4procure and keep in his office such necessary plot or other
5books as shall be necessary for the purpose of entering or
6recording thereon all the streets and highways of the city,
7already opened or to be hereafter opened. He shall survey and
8mark the lines of all the streets and highways of the city,
9already opened or intended to be opened for public use, and
10survey and lay out new streets and highways, as council may deem
11necessary, for a regular and convenient city plan, and, if
12specially directed, he shall report a grade for any proposed new
13streets. For the said purposes, the city engineer and his
14assistants or any other person engaged in such engineering work
15for the city shall have full power and authority to enter upon
16the lands and premises of any person or persons within the said
17city.

18Section 1532. Return of Draft of Completed Survey to
19Council; Inspection.--When the survey shall be completed, the
20said engineer shall make or cause to be made a draft or plan
21thereof, with every provision and explanation necessary for a
22full understanding of the same, distinctly designated where new
23streets and highways are thereafter to be opened, and shall
24return the same to the council. It shall remain in the office of
25the city clerk, and open to inspection by those interested,
26until finally approved as hereinafter provided.

27Section 1533. Notice of Return; Objections; Alterations;
28Approval; Recording.--Council shall give at least thirty days'
29previous notice by publication once in at least two newspapers
30of general circulation, if there be that many, as required by

1section one hundred and nine of this act, and by posting at
2least ten handbills upon lands or territory contained in the map
3or plan returned for approval, that on a certain day or days, to
4be fixed by the said council, the said council will hear any
5objection that may be made to said draft or plans by any
6freeholder or citizen of said city, or interested person. The
7council at the time appointed, or at any subsequent time within
8three months, shall determine whether any and what alterations
9shall be made in the said plan or draft. When the same is
10finally approved, whether as returned or as altered and changed,
11said council may direct that the same be entered and recorded in
12the plot-book of street plans, in the office of the city
13engineer.

14Section 1534. Notation of Grades on Plans.--In case the city
15engineer is directed to report grades for said streets or
16highways, the same shall be noted on said draft or plan, and be
17returned with his surveys; and said grades shall be subject to
18alterations and changes by council, in the manner aforesaid; and
19when approved by the said council shall become part of the
20plans, and be entered and recorded as aforesaid.

21Section 1535. Effect of Recording.--Upon the recording of
22such plan or draft in the street plan book, and the passage of
23an ordinance approving said street drafts or plans and grades,
24or of either, as the case may be, therein designating the book
25and page, or pages, at or in which the said plan or plans are
26recorded, thereafter all the streets and highways, as designated
27upon said approved plan and recorded as aforesaid, shall be
28adjudged and taken to be laid out and located streets and
29highways.

30Section 1536. Deviation from Established Plans; Liability of

1City.--In case the council shall thereafter change or alter, or
2should they by themselves or their officers deviate from the
3regulations of the streets or highways, so as aforesaid
4established, and damages thereby accrue to the property of any
5person or persons in consequence thereof, the said city shall be
6liable for the payment of such damages.

7Section 1537. Sectional Surveys.--Sectional surveys or
8drafts may be returned to the council by said engineer at any
9time, and be confirmed as aforesaid, and with like force and
10effect.

11Section 1538. Reports of Partial Surveys; Confirmation.--The
12said engineer may, from time to time as he shall deem expedient
13and the said council shall direct, make report of the surveys,
14plans and regulations by him made, in convenient sections,
15without awaiting the completion of the entire survey, and shall
16make duplicate drafts and plans of said section in the manner
17hereinbefore prescribed. The same proceedings shall be had for
18the final confirmation of such partial or sectional drafts and
19plans as is herein directed in relation to the confirmation of
20the entire survey, and with like effect and force.]

21Section 106. Article XVI heading of the act is reenacted to
22read:

23ARTICLE XVI

24THE CITY SOLICITOR

25Section 107. Sections 1601, 1602, 1603 and 1604 of the act 
26are amended to read:

27Section 1601. Appointment of City Solicitor[; Term;
28Compensation; Bond; Filling of Vacancies.--The council of each
29city shall, on the first Monday of May, one thousand nine
30hundred and fifty-two, and on the first Monday of May every

1fourth year thereafter, or as soon thereafter as practicable in
2each of said years, appoint a city solicitor, who shall be
3learned in the law and admitted to practice in the Supreme Court
4of the Commonwealth, and shall maintain an office in the city.
5He shall serve for a term of four years from the said first
6Monday of May and until his successor is qualified. He shall
7receive a fixed annual salary to be provided by ordinance. He
8shall give lawful bond to the city, with a surety or other
9company authorized by law to act as surety, to be approved by
10council, in such sum as they shall by ordinance direct,
11conditioned for the faithful performance of his official duties.
12Vacancies in said office shall be filled by council for the
13unexpired term.].--Council shall provide for the manner of 
14appointment and compensation of the city solicitor, which may be 
15a law firm.

16Section 1602. Direction of [Law] Legal Matters.--The city 
17solicitor shall have the [superintendence,] direction[,] and 
18control of the [law] legal matters of the city. No department of 
19the city shall employ or retain any additional counsel in any 
20matter or cause, except with the [previous] prior assent of 
21council.

22Section 1603. Duties.--The city solicitor shall [prepare]
23oversee the preparation of all bonds, obligations, contracts,
24leases, conveyances, and assurances to which the city or any
25department thereof may be party, as may be directed by
26resolution or ordinance, and shall [commence and prosecute]
27oversee the commencement and prosecution of all and every suit
28or suits, action or actions, brought by the city, and the filing 
29of municipal claims and liens, for or on account of any of the
30estates, rights, trusts, privileges, claims, or demands[,] of

1the same, as well as [defend] oversee the defense of all actions
2or suits against the [said] city or any officer thereof, wherein
3or whereby any of the estates, rights, privileges, trusts,
4ordinances, or acts of the city or any department thereof, may
5be brought in question before any court. [He] The city solicitor
6shall have like duties before any administrative agency or other
7judicial or quasi-judicial body. [He] The city solicitor shall
8do all and every professional act incident to the office which
9[he] the city solicitor may be lawfully authorized and required
10to do by the mayor, or by any ordinance or resolution of the
11council, and shall perform such other duties as council may 
12direct.

13Section 1604. Written Opinions to be Furnished.--[The city
14solicitor shall, whenever required, furnish the council, the
15mayor, or any elected city official, with his opinion, in
16writing, upon any question of law which may be submitted by any
17of them in their official capacities.] (a) Subject to 
18regulation by council in accordance with subsection (b), the 
19city solicitor shall furnish a written opinion on questions of 
20law submitted, in their official capacities, by any of the 
21following:

22(1) The council.

23(2) The mayor.

24(3) Any other elected city official.

25(4) Any appointed city official designated by council as
26authorized to request a written legal opinion.

27(b) The city council may provide for the regulation of the
28manner in which questions are presented to the city solicitor by
29any elected or appointed city official and may limit the
30questions submitted in such manner as the city council may

1direct.

2Section 108. Sections 1605 and 1606 of the act are repealed:

3[Section 1605. City Lien Docket.--The city solicitor shall
4keep in his office a city lien docket, which shall be open to
5public inspection, and in which he shall cause to be entered all
6claims for curbing, paving, or repaving sidewalks, assessments
7of damages, contributions for opening streets, or parts thereof,
8for grading, paving, and macadamizing the same, for water and
9lighting frontage tax and water and lighting rates, sewerage,
10city taxes, and other matters that may be the subject of claim
11on the part of the city, which have or shall be returned to the
12solicitor as remaining due and unpaid after the period
13prescribed by law or ordinance for the payment of such claims.
14Nothing contained herein shall be deemed to alter or replace the
15administration and effect of the Real Estate Tax Sale Law in any
16city wherein said law is in operation.

17Section 1606. Department Heads to Furnish Statements of
18Claim.--It shall be the duty of the head of each department,
19wherein any such claim shall originate, to furnish to the city
20solicitor, within the period prescribed by law or ordinance, a
21statement of all claims for curbing, paving, et cetera, which
22remain due or unpaid, a certified copy of which the said heads
23of departments shall at the same time furnish to the director of
24accounts and finance.]

25Section 109. Section 1607 of the act is amended to read:

26Section 1607. Satisfaction of Liens Due City.--Upon the
27payment of any lien or other debt of record due the city, to any
28city employe or city official or other person authorized to
29receive the [same] payment, that person shall [forthwith forward
30to the city solicitor a satisfaction piece therein], as soon as
 

1practicable, notify the city solicitor; and it shall be the duty
2of the city solicitor or [his assistant forthwith] the 
3solicitor's designee, as soon as practicable, to cause
4satisfaction to be entered upon the proper record [thereof] of 
5the lien or debt of record.

6Section 110. Section 1608 of the act is repealed:

7[Section 1608. Return and Payment of Money and Fees
8Received.--The city solicitor shall, at least once in every
9month, make a return to the director of accounts and finance,
10under oath or affirmation, of each item of moneys received by or
11through him, or his assistants, by virtue of his office, or on
12account of any matter connected therewith. Immediately upon
13making such return, he shall pay over the amount in his hands to
14the city treasurer. He shall, in like manner, pay into the city
15treasury all fees received by him in his official capacity, but
16this provision shall not be taken to include the judgment fee or
17commission allowed him in his capacity of attorney.]

18Section 111. Sections 1609 and 1610 of the act are amended 
19to read:

20Section 1609. Assistant Solicitor.--[The council of each
21city may] Council may, at its discretion, appoint one or more
22assistant city solicitors[, whose term of office shall be
23concurrent with that of the city solicitor, and whose] to assist 
24the solicitor in the performance of all duties and shall provide 
25for the compensation [shall be fixed by resolution, and who
26shall assist the solicitor in the performance of all duties
27prescribed for him] of assistant solicitors by resolution.

28Section 1610. Special Counsel.--Council may, at its
29discretion, retain special counsel for particular proceedings or
30matters of the city and [fix his] shall provide for the
 

1compensation of special counsel by resolution.

2Section 112. Article XVII heading of the act is amended to
3read:

4ARTICLE XVII

5THE CITY CONTROLLER AND INDEPENDENT AUDITOR

6Section 113. Article XVII of the act is amended by adding a
7subdivision heading to read:

8(a) City Controller

9Section 114. Section 1701 of the act, amended July 27, 1973
10(P.L.234, No.62), is amended to read:

11Section 1701. Qualifications; Bond; Compensation.--(a) The 
12city controller shall be [a competent] an accountant, at least 
13twenty-one years of age, shall have been a resident of the city 
14for at least one year [next before his election] before the 
15person's election, and shall reside in the city throughout [his] 
16the person's term of office. Prior to being sworn in to office, 
17and as a condition to qualifying for office, the elected city 
18controller shall present a signed affidavit to the city clerk 
19that states the person resides in the city from which elected 
20and has resided in the city continuously for at least one year 
21immediately before the person's election.

22(b) The city controller shall give bond in accordance with
23section 907 for the faithful performance of official duties as
24the city controller. The bond shall cover the full term of
25office and shall be conditioned upon the following:

26(1) The accounting for and paying over of all moneys
27received as city controller.

28(2) The safekeeping and payment over of all public moneys
29entrusted to the controller's care.

30(c) The city controller shall receive a fixed annual salary,

1to be set by ordinance, in an amount not less than the
2compensation paid to members of council.

3Section 115. Sections 1702 and 1703 of the act are repealed:

4[Section 1702. Bond.--He shall give lawful bond to the city,
5with a surety or other company authorized by law to act as
6surety, to be approved by the council, in such sum as it may by
7ordinance direct, conditioned for the honest and faithful
8discharge of his official duties.

9Section 1703. Compensation.--He shall receive a fixed annual
10salary, to be provided by ordinance, which shall not be less
11than the compensation paid to members of council.]

12Section 116. Section 1704 of the act, amended May 6, 1957
13(P.L.100, No.42) and December 14, 1967 (P.L.828, No.355), is
14amended to read:

15Section 1704. [Examination and Audit of Accounts].--(a)] 
16Powers and Duties.--(a) The city controller shall countersign 
17all documents authorizing the payment of moneys out of the city 
18treasury when satisfied of the legality of the payment.

19(b) The city controller shall have the power to administer
20oaths or affirmations in relation to any matter touching the
21authentication of any account, claim or demand of or against the
22city, but shall not receive any fee therefor.

23(c) The city controller shall have the power to examine[, 
24audit and settle all] the following accounts:

25(1) All accounts whatsoever in which the city is concerned, 
26either as debtor or creditor[, and shall also, annually or as 
27often as he desires or is directed to do so by council, examine 
28and audit the].

29(2) The accounts of all city bureaus, officers, and 
30departments which collect, receive, and disburse public
 

1moneys[,] or who are charged with the management, control, or 
2custody thereof[, and in every case he shall make report of such 
3examination, audit and settlement to the council. He shall 
4likewise audit and report upon the].

5(3) The accounts of [any such] a city officer upon the 
6death, resignation, removal or expiration of the term of the 
7[said officers] officer. [He shall likewise audit and report 
8upon the]

9(4) The accounts of any library to which the city makes 
10appropriations, [those of] any institution owned by the city, 
11and [those of] Pennsylvania National Guard units to which the 
12city makes appropriations.

13[(b) He shall likewise audit, or with the consent of council
14cause to be made by an accountant an annual audit of, all the
15accounts of any municipal officer in any department of the city
16government who may be charged with the duty, or who may perform
17the services, of receiving and disbursing the funds of any
18association, society, or organization of municipal employes or
19persons, directly or indirectly connected with the municipal
20government, for the benefit, relief, or pensioning of firemen,
21policemen, or other municipal employes or persons as aforesaid.

22(c) All such audits shall be made within as short a time as
23possible after the close of the fiscal year, and be annually
24reported to council at its first meeting in March, as other
25reports of the controller are made, and shall be filed with the
26court of quarter sessions within ninety days of the close of the
27fiscal year.

28(d) Council may provide for an audit of any or all accounts
29by an independent certified public accountant.

30(e) Brief abstracts or summaries of the reports of such

1accounts and financial statements or such other reports thereof
2as council may require shall be published at least once a week
3for two weeks in one newspaper, in accordance with the
4provisions of section one hundred and nine of this act. The
5expense and cost of such publication shall be paid out of the
6funds of the various associations, organizations, or societies,
7as their other expenses are paid.]

8(f) In the same manner in which subpoenas may be issued and
9enforced, in accordance with section 917, the city controller
10shall have power to issue and pursue enforcement of subpoenas to
11obtain the attendance both of officers whose accounts the
12controller is authorized to examine and of any person or persons
13whom it may be necessary to examine as witnesses.

14(g) The city controller may present council with annual or
15periodic statements concerning the results of the controller's
16examination of accounts, which shall be public records pursuant
17to the act of February 14, 2008 (P.L.6, No.3), known as the
18"Right-to-Know Law".

19Section 117. The act is amended by adding sections to read:

20Section 1704.1. Deputy Controller; Employes.--The controller
21may appoint a deputy controller and may select individuals to
22serve as assistants and employes in the controller's office. The
23number of the assistants and employes permitted, if any, shall
24be fixed by council. Assistants and employes in the controller's
25office shall, in all other respects, be considered employes of
26the city. A deputy controller, assistants and employes appointed
27under this section shall be bonded, and their compensation shall
28be fixed by council.

29Section 1704.2. Temporary Deputy Controller.--In case of the
30sickness, absence or inability of a city controller, and when no

1deputy shall have been appointed by the controller, the council
2may appoint a temporary deputy controller to serve during the
3sickness, absence or inability of the controller, or until the
4controller shall appoint a deputy. A temporary deputy controller
5shall be bonded and receive the compensation fixed by council.

6Section 1704.3. Continuation of Office.--The appointment of
7an independent auditor in accordance with subdivision (b) shall
8not abolish the office of controller. The elected controller
9shall continue to exercise those powers retained for the
10controller in this subdivision.

11Section 118. Article XVII of the act is amended by adding a
12subdivision heading to read:

13(b) Independent Auditor

14Section 119. The act is amended by adding sections to read:

15Section 1704.11. Appointment of Independent Auditor.--The
16council shall provide, by resolution, for the appointment of an
17independent auditor. The independent auditor may be a certified
18public accountant or a firm of certified public accountants.

19Section 1704.12. Powers and Duties of Independent Auditor.--
20(a) The independent auditor shall conduct an annual audit of
21all accounts of city officers, departments and offices which
22collect, receive and disburse public moneys and other funds or
23are charged with the management, control or custody thereof on
24which the independent auditor is required to report pursuant to
25this subdivision. The annual audit, as directed by council,
26shall also include any accounts subject to examination by the
27controller pursuant to subdivision (a).

28(b) The independent auditor shall have and possess the
29powers expressly provided in this subdivision and, in relation
30to accounts which the independent auditor is authorized to

1audit, shall have the same power as the city controller to issue
2subpoenas to obtain the attendance of officers and witnesses.

3Section 120. Section 1705 of the act, amended March 2, 1970
4(P.L.71, No.31), is amended to read:

5Section 1705. Annual Report to Council; Filing Copy in Court 
6and Appeal [Therefrom].--(a) The [city controller] independent 
7auditor appointed in accordance with this subdivision shall make 
8a report to council, at [its] council's first meeting in March 
9in each year, of the audits [which he shall have] made of the 
10accounts of the officers having charge, custody, control or 
11disbursement of such public moneys and other funds, showing the 
12balance in their hands respectively, and, within ninety days of 
13the close of the fiscal year, the [city controller] independent 
14auditor shall file a copy of the [said] annual report to council 
15with the clerk of the court or the prothonotary, as may be 
16provided by local rules of court.

17(b) The independent auditor shall also prepare, annually, an
18intelligible summary of the report or reports made pursuant to
19this section, showing the fiscal condition of the affairs of the
20city. Council may require advisory interim reports from the
21independent auditor. Reports prepared under this section and all 
22summaries thereof shall be public pursuant to the act of 
23February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know 
24Law."

25(c) It shall be lawful for the city or any taxpayer thereof 
26on its behalf or any officer whose account is settled or audited 
27to appeal from the settlement or audit to the court of common 
28pleas of the county within forty-five days after the [said] 
29annual report to council has been filed. If the appellant is a 
30taxpayer or any officer charged as aforesaid, he shall file a
 

1bond, with one or more sufficient sureties, conditioned to pay 
2all costs thereafter accruing in case a decision shall not be 
3obtained more favorable to the party on whose behalf the appeal 
4shall be taken than that contained in the [said] report. [The 
5city controller shall also prepare an intelligible summary of 
6said reports, showing the fiscal condition of the affairs of the 
7city, and post one copy of said summary in a conspicuous place 
8in the city hall. Council may require advisory interim reports 
9from the city controller.]

10Section 121. Sections 1706, 1707, 1708 and 1709 of the act
11are repealed:

12[Section 1706. Power to Administer Oaths; Countersigning of
13Warrants.--The city controller shall have the power to
14administer oaths or affirmations in relation to any matter
15touching the authentication of any account, claim, or demand of
16or against the city, but shall not receive any fee therefor, and
17shall countersign all warrants for the payment of moneys out of
18the city treasury when satisfied of the legality of such
19payment.

20Section 1707. Power to Subpoena City Officers.--The city
21controller shall have power to issue subpoenas to obtain the
22attendance of officers whose accounts he is authorized to
23adjust, audit, and settle, and also to subpoena any person or
24persons whom it may be necessary to examine as witnesses, and in
25case any city officer or any witness refuses to appear upon
26being subpoenaed, he shall report such refusal to council, and
27the council is hereby empowered to enact ordinances to compel
28the attendance of city officers and witnesses before the said
29city controller and to impose penalties in case of refusal.

30Section 1708. Appointment of Deputy Controller; Powers;

1Responsibility.--The city controller may appoint a deputy
2controller, who in case of the sickness, absence, or inability
3of such controller to act, shall have the same powers and shall
4perform the same duties as are imposed by law upon the city
5controller. In the case of such appointment, the said controller
6shall be responsible and liable for the acts of such deputy.

7Section 1709. Appointment of Temporary Deputy by Council;
8Bond; Compensation.--In case of the sickness, absence, or
9inability of a city controller, and when no deputy shall have
10been appointed by him, the council of such city may appoint a
11deputy controller to serve during the sickness, absence, or
12inability of such controller, or until such controller shall
13appoint a deputy, as aforesaid, who shall furnish such bond, and
14receive such compensation, as shall be fixed by council.]

15Section 122. Article XVIII heading of the act is reenacted
16to read:

17ARTICLE XVIII

18ACCOUNTS AND FINANCES

19Section 123. Section 1801 of the act, amended April 27, 1965
20(P.L.21, No.18), is amended to read:

21Section 1801. Fiscal Year.--The fiscal year of each city 
22shall begin on the first day of January and end on the last day 
23of December.

24Section 124. Sections 1802, 1803 and 1804 of the act are
25amended to read:

26Section 1802. [Director of Accounts and Finance] Chief 
27Fiscal Officer; Bond; Administering Oaths.--[The director of 
28accounts and finance shall be the head of the Department of 
29Accounts and Finance. He shall furnish bond in such amount as 
30shall be fixed by ordinance. He] (a) Council shall provide for
 

1a chief fiscal officer for the city. In filling the position of 
2chief fiscal officer, council may appoint, but shall not be 
3limited to appointing, the director of the department of 
4accounts and finance, if one is appointed pursuant to Article XI 
5or the city administrator, if one is appointed pursuant to 
6Article XII-A.

7(b) Council shall require that the chief fiscal officer
8furnish a bond subject to section 907.

9(c) The chief fiscal officer shall have authority to 
10administer oaths and affirmations in relation to any matter 
11touching the authentication of every account with or claim or 
12demand of or against the city, but shall not be entitled to 
13receive any fee therefor.

14Section 1803. Deputy.--[The director of accounts and finance 
15may appoint a deputy, subject to the approval of council, which 
16shall fix the salary of such deputy.] Council may authorize the 
17chief fiscal officer to appoint, subject to the approval of 
18council, a deputy chief fiscal officer whose compensation shall 
19be fixed by council. The deputy shall have power to administer 
20oaths and affirmations in all matters relating to the affairs of 
21[said] the office and shall furnish a bond subject to section 
22907. If no deputy has been appointed, council may appoint a 
23temporary deputy chief fiscal officer to serve during the chief 
24fiscal officer's illness, absence or inability to serve. The 
25temporary deputy chief fiscal officer may be required to furnish 
26bond as required by council. [The director of accounts and 
27finance shall in all cases be responsible and liable for the 
28actions and conduct of the said deputy.]

29Section 1804. Regulations Concerning Appropriation.--(a) No 
30debt shall be created by any department of the city[,] except in
 

1[pursuance of previous authority of law, ordinance, or 
2resolution] accordance with law.

3(b) No money shall be paid out of the city treasury except 
4upon appropriation made according to law[,] and [on warrant] 
5pursuant to a document authorizing payment drawn by the proper 
6officer or officers in pursuance thereof.

7(c) No work shall be hired to be done, no materials 
8purchased, no contracts made, and no order issued for the 
9payment of any moneys [in any amount which will cause the sums 
10appropriated to specific purposes to be exceeded], if doing so 
11would result in the total expenditure of money for a specific 
12purpose to exceed the amount appropriated for that purpose.

13(d) In every case in which an appropriation shall be 
14[exhausted] entirely expended, and the object of [which] the 
15appropriation is not completed, the [director of accounts and 
16finance] chief fiscal officer shall [immediately] on or before 
17the next regularly scheduled council meeting report the fact to 
18the city council and accompany [such] the report with a 
19statement of the moneys which have been drawn on [such] the 
20appropriation[,] and the particular purpose for which they were 
21drawn.

22(e) The council may at any time by ordinance make 
23supplemental appropriations for any lawful purpose from any 
24funds on hand or estimated to be received within the fiscal year 
25and not appropriated to any other purpose, including the 
26proceeds of any borrowing now or hereafter authorized by law.

27(f) The council shall have the power to authorize the 
28transfer of any unexpended balance, of any appropriation item, 
29or any portion thereof, but [such action shall be taken only on 
30the recommendation of a director of one of the departments]
 

1council shall first seek comments from the director of the 
2department negatively affected by the proposed transfer pursuant 
3to this section.

4[When a transfer of over five per cent of an appropriation
5item is made within a department or when a transfer of over five
6per cent of the total appropriation is made from one department
7to another department, an affirmative vote of four members of
8the council shall be required.]

9(g) Consistent with this section, council shall determine
10the manner and method of all intradepartmental and
11interdepartmental financial transfers.

12Section 125. Section 1804.1 of the act, amended July 10,
131980 (P.L.478, No.103) and December 13, 1982 (P.L.1149, No.263),
14is amended to read:

15Section 1804.1. Investment of City Funds.--(a) The council 
16shall have power to provide the following:

17(1) [make] The investment of city sinking funds as
18authorized by [the act of July 12, 1972 (P.L.781, No.185), known
19as the "Local Government Unit Debt Act";] 53 Pa.C.S. Pt. VII 
20Subpt. B (relating to indebtedness and borrowing).

21(2) [make] The investment of moneys in the general fund and
22in special funds of the city other than the sinking funds as
23authorized by this article[; and].

24(3) [liquidate] The liquidation of any [such] investment, in
25whole or in part, by disposing of securities or withdrawing
26funds on deposit. Any action taken to make or to liquidate any
27investment shall be made by the officers designated by action of
28the council.

29(b) The council shall invest city funds consistent with
30sound business practice.

1(c) The council shall provide for an investment program
2subject to restrictions contained in this act and in any other
3applicable statute and any rules and regulations adopted by the
4council.

5(d) Authorized types of investments for city funds shall be
6any of the following:

7(1) United States Treasury bills.

8(2) Short-term obligations of the United States Government
9or its agencies or instrumentalities.

10(3) Deposits in savings accounts or time deposits, other
11than certificates of deposit, or share accounts of institutions
12insured by the Federal Deposit Insurance Corporation [or the
13Federal Savings and Loan Insurance Corporation] or the National
14Credit Union Share Insurance Fund [or the Pennsylvania Deposit
15Insurance Corporation or the Pennsylvania Savings Association
16Insurance Corporation] to the extent that such accounts are so
17insured[,] and, for any amounts above the insured maximum,
18provided that approved collateral as provided by law therefore
19shall be pledged by the depository.

20(4) Obligations of the United States of America or any of
21its agencies or instrumentalities backed by the full faith and
22credit of the United States of America, the Commonwealth of
23Pennsylvania or any of its agencies or instrumentalities backed
24by the full faith and credit of the Commonwealth, or of any
25political subdivision of the Commonwealth of Pennsylvania or any
26of its agencies or instrumentalities backed by the full faith
27and credit of the political subdivision.

28(5) Shares of an investment company registered under the
29Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 
30et seq.), whose shares are registered under the Securities Act

1of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), provided that
2the only investments of that company are in the authorized
3investments for city funds listed in clauses (1) through (4).

4(6) Certificates of deposit purchased from institutions
5insured by the Federal Deposit Insurance Corporation [or the
6Federal Savings and Loan Insurance Corporation] or the National
7Credit Union Share Insurance Fund [or the Pennsylvania Deposit
8Insurance Corporation or the Pennsylvania Savings Association
9Insurance Corporation] to the extent that such accounts are so
10insured. However, for any amounts above the insured maximum,
11such certificates of deposit shall be collateralized by a pledge
12or assignment of assets of the institution, and such collateral
13may include loans (including interest in pools of loans) secured
14by first mortgage liens on real property. Certificates of
15deposit purchased from commercial banks shall be limited to an
16amount equal to twenty per centum of a bank's total capital and
17surplus. Certificates of deposit purchased from savings and loan
18associations or savings banks shall be limited to an amount
19equal to twenty per centum of an institution's assets minus
20liabilities.

21(7) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating
22to [fiduciaries] municipalities investments) shall be an
23authorized investment for any pension or retirement fund.

24(8) Repurchase agreements which are fully collateralized by
25obligations of the United States Government or its agencies or
26instrumentalities, which are free from other liens and backed by
27the full faith and credit of the United States or are rated in
28the highest category by a nationally recognized statistical
29rating organization.

30(9) Deposits in investment pools established by the State

1Treasurer or established by local governments pursuant to 53
2Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
3cooperation) and related statutes, provided that the investment
4pools are rated in the highest category by a nationally
5recognized statistical rating organization.

6(e) In making investments of city funds, the council shall
7have authority to do any of the following:

8(1) [To permit] Permit assets pledged as collateral under
9subsection (d)(3), to be pooled in accordance with the act of
10August 6, 1971 (P.L.281, No.72), relating to pledges of assets
11to secure deposits of public funds.

12(2) [To combine] Combine moneys from more than one fund
13under city control for the purchase of a single investment,
14provided that each of the funds combined for the purpose shall
15be accounted for separately in all respects and that the
16earnings from the investment are separately and individually
17computed and recorded, and credited to the accounts from which
18the investment was purchased.

19(3) [To join] Join with one or more other political
20subdivisions and municipal authorities in accordance with [the
21act of July 12, 1972 (P.L.762, No.180), referred to as the
22Intergovernmental Cooperation Law] 53 Pa.C.S. Ch. 23, Subch. A,
23in the purchase of a single investment, provided that the
24requirements of clause (2) on separate accounting of individual
25funds and separate computation, recording and crediting of the
26earnings therefrom are adhered to.

27Section 126. Sections 1805, 1806, 1807 and 1808 of the act
28are amended to read:

29Section 1805. Countersigning [Warrants;] Documents; Money 
30Available; Evidence Required.--(a) The [director of the
 

1Department of Accounts and Finance] chief fiscal officer shall 
2countersign all [warrants upon the city treasury, the form 
3whereof shall be prescribed by council, and] documents, in the 
4form approved by council, authorizing payment from the city 
5treasury.

6(b) In countersigning documents authorizing payment from the 
7city treasury, the chief fiscal officer shall not [suffer] 
8permit any appropriation made by the council to be overdrawn[. 
9No warrant shall be countersigned] and shall not countersign 
10unless there is money in the treasury to pay the same.

11(c) Except in the case of [warrants for the payment of 
12moneys] documents authorizing payment to volunteer fire 
13companies, whenever a [warrant on the treasurer] document 
14authorizing payment from the city treasury shall be presented to 
15the [director of accounts and finance] chief fiscal officer to 
16be countersigned, the person presenting the same shall be[, by 
17the said director,] required to produce evidence of each of the 
18following:

19(1) [That the] The amount expressed in the [warrant]
20document authorizing payment is due [to] the person in whose
21favor it is drawn.

22(2) [That the] The supplies, services or other consideration
23for payment of which the [warrant] document authorizing payment
24is drawn have been furnished, performed or given according to
25law and the terms of the contract, if any.

26Section 1806. Record of Assets, Property, Trusts, Debts Due, 
27Receipts and Expenditures.--The [director of accounts and 
28finance] chief fiscal officer or other official or employe of 
29the city designated by council shall have charge and keep a 
30record of accounts, under appropriate titles, to show separately
 

1and distinctly all of the assets and property whatsoever vested 
2in the city, and all trusts in care of the same, debts owing by 
3the city, and all of the receipts and expenditures of the 
4various departments.

5Section 1807. Supervision of Accounts of Departments.--The 
6[director of accounts and finance] chief fiscal officer shall 
7have the supervision and control of the accounts of all of the 
8departments, and may require from them at any time a statement 
9in writing of all money or property of the city in their hands.

10Section 1808. Suggestions [by Director] for Improvement of 
11City Finances.--The [director of accounts and finance] chief 
12fiscal officer may, from time to time, and shall, when the 
13council shall direct, suggest plans to the council for the 
14management and improvement of the city finances.

15Section 127. Sections 1809 and 1810 of the act, amended June
1622, 2000 (P.L.321, No.33), are amended to read:

17Section 1809. Annual Budget; Presentation to Council; 
18Notice; Revision; Adoption.--[The director of accounts and 
19finance] (a) Each year, the chief fiscal officer shall, on 
20behalf of council, at the last stated meeting in November [in 
21each year] present to council for [first reading] introduction a 
22proposed budget ordinance for all funds showing the estimated 
23receipts, expenditures, and liabilities of every kind[,] for the 
24ensuing year, with the balance of unexpended appropriations[,] 
25and all other information of value as a basis for fixing the 
26levy and tax rate for the next fiscal year. Council shall[,] 
27upon [passing] introducing the [said] proposed budget ordinance 
28[on first reading,] fix a date for adoption thereof, which shall 
29be not later than the thirty-first day of December of [such] 
30that year.

1(b) The several departments of the city government shall,
2before the proposed budget ordinance is [presented] introduced,
3as [above] provided in subsection (a), furnish to the council an
4estimate of the probable receipts and expenditures and an 
5estimate of the amount required by each of [said] the
6departments for the public service during the ensuing fiscal
7year as a basis for making the annual appropriations thereto.

8(c) When the proposed budget ordinance is submitted to
9council and has [passed first reading] been introduced, the city
10clerk shall forthwith make the same available for public
11inspection at [his] the city clerk's office in the city hall[,]
12and shall thereupon publish a notice to that effect once in [at
13least one] a newspaper of general circulation in accordance with
14the provisions of section [one hundred nine of this act. Such]
15109. The notice shall state the date fixed by council for
16[adoption] enactment of the proposed budget ordinance, and
17[such] notice shall be published at least twenty days prior to
18the time fixed by council for [adoption] enactment of the
19proposed budget ordinance. The proposed budget ordinance shall
20be available for public inspection at the city clerk's office
21for at least ten days after the aforesaid newspaper notice
22[thereof] is published.

23(d) The council shall, after making such changes and
24modifications therein as appear proper, [adopt] enact the budget
25and any appropriation measures required to put it into effect
26upon the date fixed for [adoption] enactment thereof[: Provided,
27That said], provided, however, that the budget shall reflect as
28nearly as possible the estimated revenues and expenditures of
29the city for the year for which the budget is prepared. [That
30should] Should it appear upon any revision of the budget that

1the estimated expenditures in the [adopted] enacted budget would
2be increased more than ten per cent in the aggregate or more
3than twenty-five per cent in any individual item over the
4proposed budget, [such] the budget shall not be [adopted]
5enacted with any [such] of the increases therein unless the same
6be again made available for public inspection [and for protest
7of such increases] for a period of at least ten days after
8notice to that effect is published as hereinbefore provided.

9Section 1810. Amending Budget; Notice.--(a) During the
10month of January [next following any municipal election]
11following the expiration of a past fiscal year, in furthering 
12its fiduciary responsibility, the council of any city may amend
13the budget and the levy and tax rate to conform [with] to its
14amended budget ordinance. A period of ten days' public
15inspection at the office of the city clerk of the proposed
16amended budget ordinance, after notice by the city clerk to that
17effect is published [once] in a newspaper of general circulation 
18as provided in section [one hundred nine of this act] 109 shall
19intervene between council's [first reading] introduction of the
20proposed amended budget ordinance and the [adoption] enactment
21thereof. Any amended budget ordinance must be [adopted] enacted
22by council on or before the fifteenth day of February.

23[No such] (b) After introduction, no proposed amended budget
24ordinance shall [after first reading] be revised upward in
25excess of ten [percent] per centum in the aggregate thereof or
26as to an individual item in excess of twenty-five per [cent]
27centum of the amount of such individual item in the proposed
28amended budget ordinance.

29Section 128. Section 1811 of the act is amended to read:

30Section 1811. Appropriations; Tax Rate; Limitations.--(a)

1When all estimates for the receipts, liabilities, and
2expenditures for the ensuing year shall be made, council shall
3proceed to make the annual appropriations[,] and shall fix the
4tax rate at such figure as will, in combination with all other
5estimated receipts of the city, fully meet and cover the
6aggregate amount of such estimates of liabilities and
7expenditures for the ensuing year.

8(b) No appropriation, however, shall be made for any purpose
9until the interest accruing on the funded debt of the city and
10the principal of [such] that part of [said] the debt as may be
11coming due in that fiscal year, the salaries of officers, and
12the ordinary and necessary expenses of the city shall first be
13provided for, and no appropriation shall be made for any purpose
14in excess of the estimated receipts and revenues for the fiscal
15year for which such appropriations are made.

16Section 129. Section 1811.2 of the act, amended October 5,
171967 (P.L.327, No.143) and repealed in part July 12, 1972
18(P.L.781, No.185), is amended to read:

19Section 1811.2. Borrowing in Anticipation of Current
20Revenue.--[Cities] In accordance with 53 Pa.C.S. Pt. VII Subpt. 
21B (relating to indebtedness and borrowing), cities may borrow
22money in anticipation of current revenues to an amount not
23exceeding [such] the anticipated current revenues, which shall
24be pledged for the payment of [such] the loan or loans, and may
25issue notes or other [form] forms of obligation[, executed by
26the director of the Department of Accounts and Finance and
27attested by the mayor under the seal of the city, securing such
28loans. Such notes or other form of obligation shall mature and
29be payable during the current fiscal year in which such money is
30borrowed. No such borrowing shall constitute an increase of

1indebtedness within the meaning of Article nine, section eight
2of the Constitution of Pennsylvania, or of the "Municipal
3Borrowing Law" of June twenty-fifth, one thousand nine hundred
4forty-one (Pamphlet Laws 159), or of any of the provisions of
5this act, and shall not require the approval of the Department
6of Community Affairs. Such notes shall bear interest at a rate
7not exceeding six (6) per centum per annum, payable at maturity
8or in advance, and may be sold at either public or private sale
9for not less than par. If such loans are not repaid in whole or
10in part during the fiscal year in which they are made, they, or
11such amounts as remain unpaid, shall become an obligation upon
12the following year's budget and shall be included therein and
13paid not later than the thirty-first day of December of such
14following year. The incurring of such obligations shall receive
15the affirmative vote of not less than two-thirds of the members
16of the city council] in evidence of the debt.

17Section 130. Sections 1812 and 1813 of the act, amended June
1822, 2000 (P.L.321, No.33), are amended to read:

19Section 1812. Annual Reports; Publication; Filing Report
20with Department of Community and Economic Development;
21Penalty.--(a) The [director of accounts and finance] chief 
22fiscal officer shall make a report, verified by oath or
23affirmation, to the council at a stated meeting in April in each
24year of the public accounts of the city and of the trusts in its
25care for the preceding fiscal year, exhibiting all of the
26expenditures thereof, respectively, and the sources from which
27the revenue and funds are derived and in what measures the same
28have been disbursed. Each account shall be accompanied by a
29statement in detail of the several appropriations made by
30council, the amount drawn and encumbered on each appropriation,

1and the unencumbered balance outstanding to the debit or credit
2of such appropriation at the close of the fiscal year.

3(b) [Such] The report, accompanied by a concise financial
4statement setting forth the balance in the treasury at the
5beginning of the fiscal year, all revenues received during the
6fiscal year, by major classifications, all expenditures made
7during the fiscal year, by major functions, and the current
8resources and liabilities of the city at the end of the fiscal
9year, the gross liability and the net debt of the city, the
10amount of the assessed valuation of the taxable property in the
11city, the assets of the city and the character and value
12thereof, the date of the last maturity of the respective forms
13of funded debt, and the assets in each sinking fund, shall be
14published [once in not more than two newspapers printed or
15circulated in such city, as required by section one hundred and
16nine of this act] in a newspaper of general circulation as 
17required by section 109 at least ten days prior to the April 
18meeting scheduled pursuant to subsection (a). Before [such] the
19report or statement is made or published, [the same] it shall be
20approved by the [controller] independent auditor, who may
21approve it subject to such exceptions as [he] the independent 
22auditor may have thereto[: Provided, Council]; provided, 
23however, that council may cause [such] the statement to be
24printed in pamphlet form in addition to the publications made as
25aforesaid.

26(c) The [director of accounts and finance] chief fiscal 
27officer shall also, annually, make report of the financial
28condition of the city in the form above provided to the
29Department of Community and Economic Development, within ninety
30days after the close of the fiscal year, signed and duly

1verified by the oath of the [director] chief fiscal officer and
2approved by the [city controller] independent auditor, as above
3provided. Any [director of accounts and finance] chief fiscal 
4officer appointed by the city refusing or wilfully neglecting to
5file such report shall, upon conviction thereof[,] in a summary
6proceeding brought [at the instance of] by the Department of
7Community and Economic Development, be sentenced to pay a fine
8of five dollars for each day's delay beyond [said] ninety days,
9and costs. All fines recovered shall be for the use of the
10Commonwealth.

11(d) The report to the Department of Community and Economic
12Development shall be presented in a form as provided for in
13section [one thousand eight hundred and thirteen of this act]
141813.

15Section 1813. Committee to Prepare Uniform Forms.--(a) The
16uniform financial report forms, specified in the foregoing
17sections of this act, shall be prepared by a committee
18consisting of four representatives of the Pennsylvania Municipal
19League [of Cities and Municipalities] and the Secretary of
20Community and Economic Development, or [his] the secretary's
21agent or designee who shall be a person trained in the field of
22municipal finance.

23[Such] (b) The representatives shall be appointed by the
24president of [said] the organization within sixty days after the
25effective date of this act. Such representatives shall be chosen
26from among finance officers of third class cities or other
27officers of such cities who have knowledge of their fiscal
28procedures[. As], and as far as possible, they shall be chosen
29to represent cities in the various population groups within the
30range of cities of the third class. The president of the

1Pennsylvania Municipal League [of Cities and Municipalities] and 
2other designated participants shall supply to the Secretary of
3Community and Economic Development the names and addresses of
4[such] the representatives immediately upon their appointment.
5[Said]

6(c) The representatives shall serve without compensation,
7but they shall be reimbursed by the Commonwealth for all
8necessary expenses incurred in attending meetings of the
9committee. The committee shall meet at the call of the Secretary
10of Community and Economic Development, or [his] the secretary's
11agent or designee, who shall serve as [chairman] chairperson of
12the committee.

13(d) It shall be the duty of the Secretary of Community and
14Economic Development, or [his] the secretary's agent or
15designee, to see to it that the forms required by this act are
16prepared in cooperation with [said] the committee. In the event
17that [said] the committee should for any reason fail to furnish
18such cooperation, the Secretary of Community and Economic
19Development, or [his] the secretary's agent or designee, shall
20complete the preparation of the forms. After their preparation, 
21[he] the Secretary of Community and Economic Development, or the 
22secretary's agent or designee, shall issue [said] the forms and
23distribute them annually, as needed, to the designated officers
24of each city of the third class.

25(e) No change or alteration in the forms prescribed shall be
26made by the Secretary of Community and Economic Development or 
27[his] the secretary's agent or designee, except by a majority
28approval of the committee, unless upon reasonable notice two or
29more representatives thereof fail to attend the committee
30meetings. In voting upon any change or alteration, each

1representative and the [chairman] chairperson of the committee
2shall have one vote.

3Section 131. Section 1814 of the act is amended to read:

4Section 1814. Annual Reports to Council on Insurance and
5Bonds.--The [director of accounts and finance] chief fiscal 
6officer shall prepare or cause to be prepared and submit to
7council [at the first stated meeting in October of each year],
8as council shall direct, a complete and itemized report of all
9policies of insurance contracted for by the city[,] for the
10information and consideration of council. The [director of
11accounts and finance] chief fiscal officer shall make a like
12report [at the same time each year], as council shall direct, of
13all bonds given for the protection of the city in whole or in
14part.

15Section 132. Article XIX heading of the act is reenacted to
16read:

17ARTICLE XIX

18CONTRACTS

19Section 133. Section 1901 of the act, amended or added
20September 17, 1959 (P.L.906, No.359), October 4, 1978 (P.L.1045,
21No.239), July 1, 1981 (P.L.196, No.59), April 3, 1992 (P.L.53,
22No.17) and November 3, 2011 (P.L.377, No.91), is amended to
23read:

24Section 1901. [Power to Make Contracts; Regulations
25Concerning Contracts.--(a) Each city may make contracts for
26carrying into execution the provisions of this act and the laws
27of the Commonwealth. The council shall, by ordinance, provide
28for and regulate the award of all contracts. All contracts or
29purchases not in excess of the base amount of eighteen thousand
30five hundred dollars, subject to adjustment under section one
 

1thousand nine hundred and three point one of this act, shall be
2by note or memorandum in writing, signed by the officer or
3employe making the purchase or contract.

4(b) All services and personal properties required by any
5city, or any department thereof, where the base amount exceeds
6the sum of eighteen thousand five hundred dollars, subject to 
7adjustment under section one thousand nine hundred and three 
8point one of this act, shall be furnished and performed under
9written contract, and the contract shall be awarded and given to
10the lowest responsible bidder, after advertising two times, each
11publication on a different day, in not more than two newspapers,
12in accord with the provisions of section one hundred and nine of
13this act, and the bids shall not be opened until at least ten
14days have elapsed after the first advertisement. A notice of the
15advertisement for contracts or purchases shall also be posted at
16the city hall.

17(c) The amount of the contract shall in all cases, whether
18of straight sale price, conditional sale, bailment lease, or
19otherwise, be the entire amount which the city pays to the
20successful bidder or his assigns in order to obtain the services
21or property or both, and shall not be construed to mean only the
22amount which is paid to acquire title or to receive any other
23particular benefit or benefits of the whole bargain.

24(d) The contracts or purchases made by council involving an 
25expenditure in excess of the base amount of eighteen thousand 
26five hundred dollars, subject to adjustment under section one 
27thousand nine hundred and three point one of this act, which 
28shall not require advertising or bidding, as hereinbefore 
29provided are as follows:

30(1) Those for maintenance, repairs or replacements for

1water, electric light or other public works of the city,
2provided they do not constitute new additions, extensions or
3enlargements of existing facilities and equipment, but a bond
4may be required by council as in other cases of work done.

5(2) Those made for improvements, repairs and maintenance of
6any kind made or provided by any city through its own employes:
7Provided, however, That this shall not apply to construction
8materials used in a street improvement.

9(3) Those where particular types, models or pieces of new
10equipment, articles, apparatus, appliances, vehicles, or parts
11thereof, are desired by council, which are patented and
12manufactured or copyrighted products.

13(4) Those involving any policies of insurance or surety
14company bonds; those made for public utility service under
15tariffs on file with the Pennsylvania Public Utility Commission;
16those made with another political subdivision or a county, the
17Commonwealth of Pennsylvania, the Federal government, any agency
18of the Commonwealth or the Federal government, or any municipal
19authority, including the sale, leasing or loan of any supplies
20or materials by the Commonwealth or the Federal government, or
21their agencies, but the price thereof shall not be in excess of
22that fixed by the Commonwealth, the Federal government, or their
23agencies.

24(5) Those involving personal or professional services.

25(6) Those made during a state of emergency declared by the
26mayor or chief executive in accord with section one thousand two
27hundred and three of this act.

28(e) The acceptance of bids by advertising required herein
29shall be made by public announcement at the meeting at which
30bids are received by council or at a subsequent meeting, the

1time and place of which shall be publicly announced when bids
2are so received. If, for any reason, the award is not made at
3either of the above meetings, the same business may be
4transacted at a subsequent meeting, the time and place of which
5shall be announced at the previous meeting held for such award.
6At such third meeting, the council shall either award the
7contract or shall reject all bids.

8(f) Council may require that any bids so advertised be
9accompanied by cash, by a certified or cashier's good faith
10check or other irrevocable letter of credit in a reasonable
11amount, or by a bond with corporate surety in a reasonable
12amount. Whenever it is required that a bid be accompanied by
13cash, certified check, cashier's good faith check or other
14irrevocable letter of credit, no bid shall be considered unless
15so accompanied. In the event any bidder shall, upon award of the
16contract to him, fail to comply with the requirements
17hereinafter stated as to a bond guaranteeing the performance of
18the contract the good faith deposit by cash, certified check, or
19bond, shall be forfeited to the city as liquidated damages.

20(g) Where advertising is required herein, the successful
21bidder shall be required to furnish a bond or irrevocable letter
22of credit in an amount sufficient to council with suitable
23reasonable requirements guaranteeing the performance of the
24contract within twenty days after the contract has been awarded,
25unless council prescribes a shorter period of not less than ten
26days, and failure to furnish such security within such time
27shall void the award. The provisions of this subsection
28requiring successful bidders to furnish security shall not be
29mandatory as to contracts for the purchase of motor vehicles or
30other pieces of equipment but only as to those contracts which

1involve furnishing of labor and materials. Council may in all
2cases of contracts or purchases require security for
3performance, delivery, or other terms.

4(h) Where the roadway of a street is to be paved originally
5and for the first time, or reconstructed by putting down a new
6base, or a sewer is to be constructed, or grading done, such
7work shall be done under written contract, after advertising as
8provided in section one hundred and nine of this act, and such
9contract shall be given to the lowest responsible bidder.

10(i) The council may, by ordinance, provide for and regulate
11the purchase of supplies and materials and the sale of personal
12property.

13(j) The council may also, by ordinance, provide a contingent
14fund or funds for necessary repairs and incidental expenses, not
15otherwise provided in the general appropriations, and such funds
16may be expended without advertising for bids.

17(k) Every contract for the construction, reconstruction,
18alteration, repair, improvement or maintenance of public works
19shall comply with the provisions of the act of March 3, 1978,
20(P.L.6, No.3), known as the "Steel Products Procurement Act."

21(l) No person, consultant, firm or corporation contracting
22with a city for purposes of rendering personal or professional
23services to the city shall share with any city officer or
24employe, and no city officer or employe shall accept, any
25portion of the compensation or fees paid by the city for the
26contracted services provided to the city except under the
27following terms or conditions:

28(1) Full disclosure of all relevant information regarding
29the sharing of the compensation or fees shall be made to the
30council of the city.

1(2) The council of the city must approve the sharing of any
2fee or compensation for personal or professional services prior
3to the performance of said services.

4(3) No fee or compensation for personal or professional
5services may be shared except for work actually performed.

6(4) No shared fee or compensation for personal or
7professional services may be paid at a rate in excess of that
8commensurate for similar personal or professional services.] 
9Power to Make and Regulate Awarding of Contracts.--(a) Each 
10city may make contracts for carrying into execution the 
11provisions of this act and the laws of this Commonwealth. In 
12addition to and consistent with the requirements of this 
13article, council shall, by ordinance, provide for and regulate 
14the procedures for the award of all contracts, including the 
15purchase of supplies and materials.

16(b) Contracts for the sale of real and personal property
17shall be conducted in conformance with section 2402.1.

18Section 134. The act is amended by adding sections to read:

19Section 1901.1. Contracts or Purchases in Excess of Base
20Amount of Eighteen Thousand Five Hundred Dollars.--(a) Except
21as provided in section 1901.4(b), all contracts or purchases in
22excess of the base amount of eighteen thousand five hundred
23dollars, subject to adjustment under section 1903.1, shall be
24subject to advertising and competitive bidding as provided in
25this article.

26(b) All services and personal properties required by any
27city, or any department thereof, where the amount exceeds the
28base amount of eighteen thousand five hundred dollars, subject
29to adjustment under section 1903.1, shall be furnished and
30performed under written contract, and the contract shall be

1awarded and given to the lowest responsible bidder after
2advertising two times, each publication on a different day, in
3not more than two newspapers of general circulation, in
4accordance with the provisions of section 109, and the bids
5shall not be opened until at least ten days have elapsed after
6the advertisement. A copy of the advertisement for contracts or
7purchases shall be posted in the city office designated by
8council.

9Section 1901.2. Contracts or Purchases Not in Excess of Base
10Amount of Eighteen Thousand Five Hundred Dollars.--With regard
11to all contracts or purchases not in excess of the base amount
12of eighteen thousand five hundred dollars, subject to adjustment
13under section 1903.1, the following shall apply:

14(1) The purchases or contracts shall be evidenced by note or
15memorandum in writing, signed by the officer or employe making
16the purchase or contract.

17(2) Council, or the officer designated by council, shall
18approve all purchases or contracts, except council need not
19approve those purchases or contracts within the category of
20small or routine purchases or incidental expenses, as defined by
21ordinance.

22Section 1901.3. Determining Amount of Contract.--The amount 
23of the contract shall in all cases, whether of straight sale 
24price, conditional sale, bailment lease or otherwise, be the 
25entire amount which the city pays to the successful bidder or 
26the successful bidder's assigns in order to obtain the services 
27or property, or both, and shall not be construed to mean only 
28the amount which is paid to acquire title or to receive any 
29other particular benefit or benefits of the whole bargain.

30Section 1901.4. Contracts or Purchases Not Requiring

1Advertising or Bidding.--(a) City contracts or purchases, if
2not in excess of the base amount of eighteen thousand five
3hundred dollars, subject to adjustment under section 1903.1,
4shall not require advertising or bidding.

5(b) City contracts or purchases involving an expenditure of
6over the base amount of eighteen thousand five hundred dollars, 
7subject to adjustment under section 1903.1, which shall not
8require advertising or bidding are as follows:

9(1) Those for maintenance, repairs or replacements for
10water, electric light or other public works of the city,
11provided they do not constitute new additions, extensions or
12enlargements of existing facilities and equipment, but security
13may be required by council as in other cases of work done.

14(2) Those made for improvements, repairs and maintenance of
15any kind made or provided by any city through its own employes,
16except that this exception shall not apply to construction
17materials used in a street improvement.

18(3) Those where particular types, models or pieces of new
19equipment, articles, apparatus, appliances, vehicles or parts
20thereof desired by council are patented or copyrighted products.

21(4) Those involving any policies of insurance or surety
22company bonds.

23(5) Those made for public utility service and electricity,
24natural gas or telecommunication services, provided that, in the
25case of utilities not under tariff with the Pennsylvania Public
26Utility Commission, contracts made without advertising and
27bidding shall be made only after receiving written or telephonic
28price quotations from at least three qualified and responsible
29providers. In lieu of price quotations, a memorandum shall be
30kept on file showing that fewer than three qualified providers

1exist in the market area within which it is practicable to
2obtain quotations. A written record of telephonic price
3quotations shall be made and shall contain at least the date of
4the quotation, the name of the provider and the provider's
5representative, the type of service that was the subject of the
6quotation and the price. Written price quotations, written
7records of telephonic price quotations and memoranda shall be
8retained for a period of three years.

9(6) Those made with another political subdivision or a
10county, the Commonwealth of Pennsylvania, the Federal
11Government, any agency of the Commonwealth or the Federal
12Government or any municipal authority, including the sale,
13leasing or loan of any supplies or materials by the Commonwealth
14or the Federal Government, or their agencies, but the price
15thereof shall not be in excess of that fixed by the
16Commonwealth, the Federal Government or their agencies.

17(7) Those involving personal or professional services.

18(8) Those made during a state of emergency declared by the
19mayor in accordance with section 1203 or those made during a
20disaster emergency declared by the Governor or during a local
21emergency in accordance with 35 Pa.C.S. Pt. V (relating to
22emergency management services).

23Section 1901.5. Receipt, Opening, Award or Rejection of
24Bids.--(a) In any case in which advertisement and bidding are
25required, the advertisement shall specify the time by which and
26place at which bids will be received and the time and place for
27the opening of bids.

28(b) Bids received pursuant to advertisement shall be opened
29publicly by council or its designated agent. The amount of each
30bid and any other relevant information as may be specified by

1council, together with the name of each bidder, shall be
2disclosed and recorded; and the record shall be open to public
3inspection.

4(c) At a public meeting of council, not more than sixty days
5after the receipt of bids, council shall either award the
6contract or shall reject all bids.

7Section 1901.6. Bid, Performance and Payment Security.--(a)
8The following shall apply to bid security:

9(1) Council may require that bids received pursuant to
10advertisement be accompanied by bid security, in a reasonable
11amount, which shall be in the form of a certified or bank check
12or a bond provided by a surety company authorized to do business
13in this Commonwealth or another form of security as specified in
14the advertisement for bids.

15(2) In the event the successful bidder shall, upon award of
16the contract, fail to comply with the requirements of subsection
17(b) as to performance security, the bid security shall be
18forfeited to the city as liquidated damages.

19(b) The following shall apply to performance security:

20(1) In the case of a contract that had been subject to
21advertising and bidding, the successful bidder shall be required
22to furnish performance security in the form of a bond or
23irrevocable letter of credit in an amount equal to one hundred
24per centum of the contract price with suitable reasonable
25requirements guaranteeing the performance of the contract.
26Performance security shall be provided within twenty days after
27the contract has been awarded, unless council prescribes a
28shorter period of not less than ten days. Failure to furnish
29such security within the required time period shall void the
30award.

1(2) The provisions of this subsection requiring successful
2bidders to furnish security shall not be mandatory as to
3contracts for the purchase of motor vehicles or other pieces of
4equipment but only as to those contracts which involve
5furnishing of labor and materials. Council may in all cases of
6contracts or purchases require security for performance,
7delivery or other terms.

8(c) In conformity with the act of December 20, 1967
9(P.L.869, No.385), known as the "Public Works Contractors' Bond
10Law of 1967," it shall be the duty of every city to require any
11person, partnership, association or corporation entering into a
12contract with such city for the construction, erection,
13installation, completion, alteration, repair of or addition to
14any public work or improvement of any kind whatsoever, where the
15amount of the contract is in excess of ten thousand dollars,
16before commencing work under the contract, to provide payment
17security in a form acceptable to and approved by the city, which
18may include, but need not be limited to, a bond, Federal or
19Commonwealth-chartered lending institution irrevocable letters
20of credit and restrictive or escrow accounts in the lending
21institutions, equal to one hundred per centum of the contract
22amount. The payment security shall be solely for the protection
23of claimants supplying labor or materials to the prime
24contractor to whom the contract was awarded, or to any of the
25prime contractor's subcontractors, in the prosecution of the
26work provided for in the contract. The payment security shall be
27conditioned for the prompt payment of all material furnished or
28labor supplied or performed in the prosecution of the work under
29the contract.

30Section 1901.7. Compliance With Other Laws.--Every contract

1subject to this article shall comply, as applicable, with the
2provisions of the act of August 15, 1961 (P.L.987, No.442),
3known as the "Pennsylvania Prevailing Wage Act," the act of
4December 20, 1967 (P.L.869, No.385), known as the "Public Works
5Contractors' Bond Law of 1967," the act of January 23, 1974
6(P.L.9, No.4), referred to as the Public Contract Bid Withdrawal
7Law, the act of March 3, 1978 (P.L.6, No.3), known as the "Steel
8Products Procurement Act," the act of February 17, 1994 (P.L.73,
9No.7), known as the "Contractor and Subcontractor Payment Act,"
1062 Pa.C.S. Chs. 37 Subch. B (relating to motor vehicles), 39
11(relating to contracts for public works) and 45 (relating to
12antibid-rigging).

13Section 1901.8. Prohibitions.--No person, consultant, firm
14or corporation contracting with a city for purposes of rendering
15personal or professional services to the city shall share with
16any city officer or employe, and no city officer or employe
17shall accept, any portion of the compensation or fees paid by
18the city for the contracted services provided to the city.

19Section 1901.9. Lowest Responsible Bidder.--For purposes of
20this article, the lowest responsible bidder need not be the
21bidder submitting the lowest dollar amount bid. The city may
22also consider the quality of goods or services supplied, ease of
23repair, compatibility with other city equipment or services,
24responsiveness, past performance of the bidder and any other
25reasonable factors specified in the advertisement for bids.

26Section 135. Section 1902 of the act, amended November 3, 
272011 (P.L.377, No.91), is amended to read:

28Section 1902. Evasion of Advertising Requirements.--No
29[member or members of council] elected or appointed official or 
30officials of any city shall evade the provisions of [the

1preceding section as to] this article requiring advertising for
2bids by purchasing or contracting for services and personal
3properties piecemeal for the purpose of obtaining prices under
4the base amount of eighteen thousand five hundred dollars, 
5subject to adjustment under section [one thousand nine hundred 
6and three point one of this act] 1903.1, upon transactions which
7should, in the exercise of reasonable discretion and prudence,
8be conducted as one transaction amounting to more than the base 
9amount of eighteen thousand five hundred dollars, subject to 
10adjustment under section [one thousand nine hundred and three 
11point one of this act] 1903.1. This provision is intended to
12make unlawful the practice of evading advertising requirements
13by making a series of purchases or contracts, each for less than
14the advertising requirement price, or by making several
15simultaneous purchases or contracts, each below said price,
16when, in either case, the transactions involved should have been
17made as one transaction for one price. Any [members of council
18who so vote] elected or appointed official who acts in violation
19of this provision [and who know], knowing that the transaction
20upon which [they so vote] the elected or appointed official acts
21is or ought to be a part of a larger transaction and that it is
22being divided in order to evade the requirements as to
23advertising for bids, shall be jointly and severally subject to
24surcharge for ten per centum of the full amount of the contract
25or purchase. Wherever it shall appear that [a member of council
26may have voted] an elected or appointed official may have acted
27in violation of this section but the purchase or contract on
28which [he so voted was not approved by council] the elected or 
29appointed official acted was not executed, this section shall be
30inapplicable.

1Section 136. Section 1903.1 of the act, added November 3,
22011 (P.L.377, No.91), is reenacted and amended to read:

3Section 1903.1. Adjustments to Base Amount Based on Consumer
4Price Index for All Urban Consumers.--

5(a) Adjustments to the base amounts specified under sections
6[1901] 1901.1, 1902 and 1909 shall be made as follows:

7(1) The Department of Labor and Industry shall determine the
8percentage change in the Consumer Price Index for All Urban
9Consumers: All Items (CPI-U) for the United States City Average
10as published by the United States Department of Labor, Bureau of
11Labor Statistics, for the twelve-month period ending September
1230, 2012, and for each successive twelve-month period
13thereafter.

14(2) If the department determines that there is no positive
15percentage change, then no adjustment to the base amounts shall
16occur for the relevant time period provided for in this section.

17(3) (i) If the department determines that there is a
18positive percentage change in the first year that the
19determination is made under paragraph (1), the positive
20percentage change shall be multiplied by each base amount, and
21the products shall be added to the base amounts, respectively,
22and the sums shall be preliminary adjusted amounts.

23(ii) The preliminary adjusted amounts shall be rounded to
24the nearest one hundred dollars ($100) to determine the final
25adjusted base amounts for purposes of sections [1901] 1901.1 and
261902.

27(4) In each successive year in which there is a positive
28percentage change in the CPI-U for the United States City
29Average, the positive percentage change shall be multiplied by
30the most recent preliminary adjusted amounts, and the products

1shall be added to the preliminary adjusted amount of the prior
2year to calculate the preliminary adjusted amounts for the
3current year. The sums thereof shall be rounded to the nearest
4one hundred dollars ($100) to determine the new final adjusted
5base amounts for purposes of sections [1901] 1901.1 and 1902.

6(5) The determinations and adjustments required under this
7section shall be made in the period between October 1 and
8November 15 of the year following the effective date of this
9subsection and annually between October 1 and November 15 of
10each year thereafter.

11(6) The final adjusted base amounts and new final adjusted
12base amounts obtained under paragraphs (3) and (4) shall become
13effective January 1 for the calendar year following the year in
14which the determination required under paragraph (1) is made.

15(7) The department shall publish notice in the Pennsylvania
16Bulletin prior to January 1 of each calendar year of the annual
17percentage change determined under paragraph (1) and the
18unadjusted or final adjusted base amounts determined under
19paragraphs (3) and (4) at which competitive bidding is required
20under section [1901] 1901.1 and advertising is required under
21section 1902 or separate bids are required under section 1909
22for the calendar year beginning the first day of January after
23publication of the notice. The notice shall include a written
24and illustrative explanation of the calculations performed by
25the department in establishing the unadjusted or final adjusted
26base amounts under this section for the ensuing calendar year.

27(8) The annual increase in the preliminary adjusted base
28amounts obtained under paragraphs (3) and (4) shall not exceed
29three percent.

30Sections 137. Sections 1904 and 1905 of the act are

1repealed:

2[Section 1904. Reference of Expenditures for Approval by
3Council.--Any expenditures or transactions, exclusive of
4compensation paid to city employes, in any department, office or
5bureau of the city, which may reasonably seem likely to exceed
6the sum of five hundred dollars over a period of sixty days,
7shall not be undertaken or proceeded upon except after reference
8thereof to council and approval by council by ordinance or
9resolution. Council may approve, revise, or refuse to approve
10any such referred expenditure or transaction. No official, agent
11or employe of the city shall knowingly violate the provisions of
12this section, and any person so violating shall forfeit and pay
13to the use of the city a penalty of one hundred dollars for each
14offense.

15Section 1905. Personal Interest in Contracts.--In any case
16where a city officer or official elected or appointed knows or
17by the exercise of reasonable diligence could know that he is
18interested to any appreciable degree, either directly or
19indirectly, in any contract for the sale or furnishing of any
20personal property for the use of the city, or for any services
21to be rendered for such city, involving the expenditure by the
22city of more than three hundred dollars in any year, he shall
23notify council thereof; and any such contract shall not be
24passed and approved by council except by an affirmative vote of
25at least four members thereof. In case the interested officer is
26a member of council, he shall refrain from voting upon said
27contract. The provisions of this section shall not apply to
28cases where such officer or official is an employe of the
29person, firm or corporation to which money is to be paid in a
30capacity with no possible influence on the transaction and in

1which he cannot possibly be benefited thereby, either
2financially or in any other material manner. Any officer or
3official who shall knowingly violate the provisions of this
4section shall be liable to the city upon his bond, if any, or
5personally, to the extent of the damage shown to be sustained
6thereby by the city, to ouster from office, and shall be guilty
7of a misdemeanor; and upon conviction thereof, shall be
8sentenced to pay a fine not exceeding five hundred dollars, or
9imprisonment not exceeding one year, or both.]

10Section 138. Section 1906 of the act, amended August 21,
111953 (P.L.1292, No.364), is amended to read:

12Section 1906. Designation of Appropriations; Certification
13in Excess of Appropriation; Contracts for Governmental Services
14for More than One Year.--[Every contract involving an
15appropriation of money shall designate the item of appropriation
16on which it is founded, and the estimated amount of the
17expenditure thereunder shall be charged against such item, and
18so certified by the director of accounts and finance on the
19contract before it shall take effect as a contract. The payments
20required by such contract shall be made from the fund
21appropriated therefor. In any case where the lowest responsible
22bid is in excess of the item of appropriation on which the
23contract is to be founded, the item of appropriation may be
24increased by council in the amount necessary to cover the bid,
25and the contract may be awarded and certified without any
26additional advertising. If the director of accounts and finance
27shall certify any contract in excess of the appropriation made
28therefor, the city shall not be liable for such excess, but the
29director of accounts and finance shall be liable for the same,
30which may be recovered in an action at law by the contracting

1party aggrieved. But nothing] With regard to any contract, 
2council may direct the city administrator, chief fiscal officer, 
3or other designated official or employe to furnish information 
4concerning the availability of appropriated funds to satisfy 
5required payments under the contract. Nothing herein contained
6shall prevent the making of contracts for governmental services
7for a period exceeding one year, but any contract so made shall
8be executory only for the amounts agreed to be paid for such
9services to be rendered in succeeding fiscal years.

10[It shall be the duty of the director of accounts and finance 
11to certify contracts for the payment of which sufficient 
12appropriations have been made.]

13Section 139. Section 1907 of the act, amended April 3, 1992
14(P.L.53, No.17), is repealed:

15[Section 1907. Security for the Protection of Labor and
16Materialmen.--It shall be the duty of every city to require any
17person, copartnership, association, or corporation, entering
18into a contract with such city for the construction, erection,
19installation, completion, alteration, repair of, or addition to,
20any public work or improvement of any kind whatsoever, where the
21amount of such contract is in excess of one thousand five
22hundred dollars, before commencing work under such contract, to
23execute and deliver to such city, in addition to any other
24security which may now or hereafter be required by law to be
25given in connection with such contract, an additional bond or
26irrevocable letter of credit for the use of any and every
27person, copartnership, association, or corporation interested,
28in a sum not less than fifty per centum and not more than one
29hundred per centum of the contract price, as such city may
30prescribe, conditioned for the prompt payment of all material

1furnished and labor supplied or performed in the prosecution of
2the work, whether or not the said material or labor enter into
3and become component parts of the work or improvement
4contemplated. Such additional security shall be deposited with
5and held by the city for the use of any party interested
6therein. Every such additional security shall provide that every
7person, copartnership, association, or corporation who, whether
8as subcontractor or otherwise, has furnished material or
9supplied or performed labor in the prosecution of the work as
10above provided, and who has not been paid therefor, may sue in
11assumpsit on said additional security, in the name of the city,
12for his, their, or its use and prosecute the same to final
13judgment for such sum or sums as may be justly due him, them, or
14it, and have execution thereof: Provided, however, That the city
15shall not be liable for the payment of any costs or expense of
16any suit. The surety or sureties on a bond under this section
17must be authorized to do business in this Commonwealth.]

18Section 140. Section 1908 of the act is repealed:

19[Section 1908. Purchasing Department.--Each city may, by
20ordinance, provide for the establishment of a purchasing
21department, which shall have supervision over the purchase and
22distribution of all supplies purchased. The said department
23shall be attached to the department of accounts and finance or
24such other department as council may determine, and shall be
25operated in accordance with rules and regulations to be adopted
26by council, the rules to include the manner in which quotations
27shall be secured on the supplies purchased. The said department
28shall assist council at all times in eliminating waste and
29extravagance in the purchase and distribution of the supplies of
30the city.]

1Section 141. Section 1908.1 of the act, added December 10,
21974 (P.L.815, No.270), is amended to read:

3Section 1908.1. Purchase Contracts for Petroleum Products;
4Fire Company, Etc., Participation.--The council of each city
5shall have power to permit, subject to [such] any terms and
6conditions as [it] the city may impose, [and as hereinafter
7specifically provided, shall, prescribe] any fire company,
8rescue company and ambulance company in the city to participate
9in purchase contracts for petroleum products entered into by the
10city. [Any such company desiring to participate in such purchase
11contracts shall file] Fire company, rescue company and ambulance 
12company participation in purchase contracts for petroleum 
13products shall be subject to the condition that all prices shall 
14be F.O.B. destination. If permitted by council, a fire company, 
15rescue company or ambulance company may participate in 
16designated petroleum product contracts entered into by the city, 
17subject to the fire company, rescue company or ambulance 
18company:

19(1) Having filed with the city clerk a request that it be
20authorized to participate in contracts for the purchase of
21petroleum products of the city [and agreeing].

22(2) Having agreed that it will be bound by [such] any terms
23and conditions [as] imposed by the city [may, and as hereinafter
24specifically provided, shall, prescribe and].

25(3) Having agreed that it will be responsible for payment
26directly to the vendor under each purchase contract. [Among such
27terms and conditions, the city shall prescribe that all prices
28shall be F.O.B. destination.]

29Section 142. Section 1909 of the act, amended November 3, 
302011 (P.L.377, No.91), is amended to read:

1Section 1909. Separate Bids for Plumbing, Heating,
2Ventilating and Electrical Work, Elevators and [Moving Stairs]
3Escalators.--In the preparation of specifications for the
4erection, construction, and alteration of any public building,
5when the entire cost of such work shall exceed the base amount 
6of eighteen thousand five hundred dollars, subject to adjustment 
7under section [one thousand nine hundred and three point one of 
8this act] 1903.1, the architect, engineer, or other person
9preparing such specifications[,] shall prepare only the
10following separate specifications[;]: (1) plumbing, (2) heating,
11(3) ventilating, (4) electrical work, (5) elevators and [moving
12stairs] escalators, and (6) one complete set of specifications
13for all the other work to be done in such erection, construction
14and alteration. The project manager, construction manager or 
15other person or persons authorized by council to enter into
16contracts for the erection, construction, or alteration of such
17public buildings shall receive separate bids upon each of the
18[said] branches of work, and the city council or the appropriate 
19city officer shall award the contract for the same to the lowest
20responsible bidder for each of [said] the branches, including
21the balance of the work, in addition to the plumbing, heating,
22ventilating and electrical work and elevators and [moving
23stairs] escalators. Where it is desired to install an air
24conditioning unit, the heating and ventilating so involved may
25be regarded as one branch of work having only one set of
26specifications, and bids may be received and a contract awarded
27thereon as hereinbefore provided.

28Section 143. Sections 1910, 1911 and 1912 of the act are 
29amended to read:

30Section 1910. Acceptance by Contractor of [Workmen's]

1Workers' Compensation Act.--[All contracts executed by any city,
2or any officer or bureau or board thereof, which involve the
3construction or doing of any work involving the employment of
4labor, shall contain a provision that the contractor shall
5accept, in so far as the work covered by any such contract is
6concerned, the provisions of the Workmen's Compensation Act and
7any reenactments, supplements or amendments thereto, and that
8the said contractor will insure his liability thereunder, or
9file with the city with whom the contract is made a certificate
10of exemption from insurance from the Department of Labor and
11Industry of this Commonwealth.

12Every officer of any city, or bureau or department thereof,
13who shall sign, on behalf of the said city, any contract
14requiring in its performance the employment of labor, shall
15require, before the said contract shall be signed, proof that
16the said contractor with whom the contract is made shall have
17accepted the Workmen's Compensation Act and any reenactments,
18supplements or amendments thereto, and proof that the said
19contractor has insured his liability thereunder in accordance
20with the terms of the said act, or that the said contractor has
21had issued to him a certificate of exemption from insurance from
22the Department of Labor and Industry of this Commonwealth.

23Any contract executed in violation of the provisions of this
24section shall be null and void.]

25(a) All contracts executed by any city which involve the
26construction or performance of any work involving the employment
27of labor shall contain a provision that the contractor shall
28accept, and file with the city proof of compliance with or
29exemption from, insofar as the work covered by the contract is
30concerned, the act of June 2, 1915 (P.L.736, No.338), known as

1the "Workers' Compensation Act."

2(b) A certificate of exemption from issuance may be issued
3on the basis of either individual self-insurance or group self-
4insurance.

5(c) A contractor shall file with the city any proof that the
6Department of Labor and Industry, with respect to certain
7employes, has accepted the application to be excepted from the
8provisions of the "Workers' Compensation Act" on religious
9grounds.

10(d) Any contract executed in violation of this section is
11void.

12Section 1911. Contracts for Improvements; Assignment of 
13Assessments.--Where the whole or any part of the cost of an 
14improvement is to be paid by assessments upon the property 
15abutting or benefited, the city may enter into an agreement with 
16the contractor [that he], pursuant to which the contractor shall 
17take an assignment of [such] the assessments in payment of the 
18amount due [him] under the terms of [his] the contract, and, in 
19such case, the city shall not be otherwise liable under such 
20contract[, whether said assessments are collectible or not].

21Section 1912. Architects and Engineers in Employ of City; 
22Prohibitions from Bidding on Public Works; Penalty.--(a) It 
23shall be unlawful for any architect or engineer[,] in the employ 
24of any city[,] to bid on any public work of the city.

25(b) It shall be unlawful for the officers of any city,
26charged with the duty of letting any public work, to award a
27contract to any [such] architect or engineer[,] in the employ of
28the city.

29(c) Any person or persons violating these provisions, or any
30of them, [shall be guilty of] commits a misdemeanor[,] and[, on]

1shall, upon conviction [thereof, shall forfeit his], be subject 
2to forfeiting office, in accordance with section 901, and [be]
3sentenced to pay a fine not exceeding five hundred dollars, or
4to undergo imprisonment for not less than six months, or both,
5in the discretion of the court. Any contract made in violation
6of the provisions of this section shall be null and void.

7(d) The provisions of this section shall be in addition to
8any prohibition in 65 Pa.C.S. Ch. 11 (relating to ethics
9standards and financial disclosure).

10Section 144. Sections 1913, 1914 and 1915 of the act are
11repealed:

12[Section 1913. Contracts With Transportation Companies.--
13Subject to the provisions of the Public Utility Law, any city, 
14of the one part, and any person operating a public 
15transportation service within the limits of such city, of the 
16other part, may enter into contracts with each other affecting, 
17fixing, and regulating the franchises, powers, duties, and 
18liabilities of such companies, and the regulations and 
19respective rights of the contracting parties. Such contracts 
20may, inter alia, provide for payments by the companies to the 
21city in lieu of the performance of certain duties or the payment 
22of license fees or charges imposed in favor of such city, by the 
23charters of the respective companies, or by any general law or 
24ordinance, for the appointment by the city of a certain number 
25of persons to act as directors of such company, in conjunction 
26with the directors elected by the stockholders of such company, 
27and, further, may provide for the ultimate acquisition by the 
28city, upon terms mutually satisfactory, of the leaseholds, 
29property, and franchises of the contracting companies.

30Section 1914. Contracts for Relocation of Railroads.--

1Subject to the provisions of the Public Utility Law, any city
2may enter into contracts with any of the railroad companies,
3whose roads enter its limits, whereby the said railroad
4companies may relocate, change or elevate their railroads within
5said limits, in such manner as, in the judgment of the proper
6authorities of such city, may be best adapted to secure the
7safety of lives and property, and promote the interest of said
8city; and, for that purpose, may do all such acts as may be
9necessary and proper to effectually carry out such contracts.
10Any such contracts, made by any railroad company or companies as
11aforesaid with any city, are hereby fully ratified and
12confirmed. Nothing herein contained shall affect any contract
13made, or hereafter to be made, with any railroad company, from
14apportioning the expenses of altering and adjusting the grades
15of existing railroads and intersecting streets in any city so as
16to dispense with grade crossings.

17Section 1915. Contracts with Street Railways for Exclusive 
18Right to Lay Tracks.--In case any city shall deem it necessary 
19for the public benefit and convenience to secure the removal of 
20any street railway tracks already laid, or prevent the laying of 
21such tracks already authorized to be laid, or to change the 
22route of any street railway on any street or streets, or portion 
23of a street or streets, within its corporate limits, and such 
24purpose or purposes can be accomplished by agreement with the 
25street railway company or motor power company owning, leasing or 
26operating such tracks, the said parties may, subject to the 
27provisions of the Public Utility Law, enter into a contract, for 
28a period not exceeding fifty years, for such considerations and 
29upon such terms and conditions, and containing such 
30stipulations, reservations and covenants as may be agreed upon
 

1between the respective parties thereto; and such contract may 
2include a covenant providing that, during the continuance 
3thereof, municipal consent shall not be granted to any other 
4company to use or occupy the street, streets, or portions of a 
5street or streets, covered by such contract, for street railway 
6or passenger transportation purposes; which covenants shall be 
7enforceable by bill in equity against such city, in case of 
8attempted breach thereof; and such contract may also provide for 
9the laying or relaying of such tracks upon such terms and under 
10such contingencies and conditions as may be agreed upon. When 
11such contract shall have been made, it shall form a part of the 
12charter of the company, with like force and effect as to all its 
13terms, conditions, stipulations, restrictions, covenants, and 
14provisions as to change of routes as if the same formed a part 
15of the original charter of such company; and no removal of 
16tracks already laid, or postponement of or delay in the time of 
17beginning or completing the work of laying tracks already 
18authorized to be laid, and no change of route therein provided 
19for, shall operate or be construed to deprive or divest any such 
20company, entering into such contract, of any of the rights, 
21franchises, or privileges possessed by it at the time of 
22entering into such contract, so as to operate in favor of any 
23company subsequently formed and seeking to occupy, for street 
24railway purposes, the street, streets, or portions of a street 
25or streets, covered by such contract. Nothing in this section 
26contained, nor any contract made in pursuance thereof, shall be 
27construed to limit or affect in any way, or impose any 
28additional liability for the exercise of, the right of a 
29railroad company to lay its tracks, over, upon, under, and 
30across such street or streets, or portions thereof.]

1Section 145. The act is amended by adding a section to read:

2Section 1916. Contracts with Passenger or Transportation
3Companies.--Except as may be prohibited by 66 Pa.C.S. Pt. I
4(relating to public utility code) or Federal or other state
5regulation of transportation or commerce, a city may, as it
6deems necessary for the public benefit and convenience, contract
7with a person or persons owning a public transportation service,
8railroad company, street railway, motor power company, or
9passenger or transportation company.

10Section 146. Section 1917 of the act, amended June 28, 2011
11(P.L.75, No.15), is repealed:

12[Section 1917. Sales of Personal Property.--No city personal
13property shall be disposed of by sale or otherwise except upon
14approval of council by ordinance or resolution. In cases where
15council shall approve a sale of city personal property, it shall
16estimate the sale value of the entire lot to be disposed of. If
17council shall estimate such sale value to be less than one
18thousand dollars, it shall require a notice of the proposed sale
19to be posted for at least ten days on the bulletin board in the
20city hall, describing and itemizing the property to be sold and
21directing that bids may be made thereon at the office of the
22city clerk. Thereafter, council may sell such property, in whole
23or in part, for the best price or prices obtainable. If council
24shall estimate the sale value to be one thousand dollars or
25more, the entire lot shall be advertised for sale once in at
26least one newspaper, in accordance with the provisions of
27section one hundred nine of this act, and sale of the property
28so advertised shall be made to the best responsible bidder; and
29the bids shall not be opened until at least ten days after the
30said advertisement. Council may sell any such property at

1auction, but the provisions as to notice contained in this
2section shall be likewise observed as to the holding of such
3auction sales. An auction may be conducted by means of an online
4or electronic auction sale. During an electronic auction sale,
5bids shall be accepted electronically at the time and in the
6manner designated in the advertisement. During the electronic
7auction, each bidder shall have the capability to view the
8bidder's bid rank or the high bid price. Bidders may increase
9their bid prices during the electronic auction. The record of
10the electronic auction shall be accessible for public
11inspection. The purchase price shall be paid by the high bidder
12immediately or at a reasonable time after the conclusion of the
13electronic auction as determined by council. In the event that
14shipping costs are incurred, they shall be paid by the high
15bidder. A city that has complied with the advertising
16requirements of this section may provide additional public
17notice of the sale by bids or auction in any manner deemed
18appropriate by council. The advertisement for electronic auction
19sales authorized in this section shall include the Internet
20address or means of accessing the electronic auction and the
21date, time and duration of the electronic auction. The
22provisions of this section shall not be mandatory where city
23personal property is to be traded-in or exchanged for new city
24personal property.]

25Section 147. Section 1918 of the act, amended October 17,
261974 (P.L.775, No.254), is repealed:

27[Section 1918. Street Construction and Improvement by City 
28Employes.--Whenever a city uses the work or services of its 
29employes in the construction or improvement, of any public 
30street within the territorial limits, it shall be subject to the
 

1limitations and duties imposed by this article in the purchase 
2of any materials for such construction or improvement. The 
3provisions of this section shall not be construed to affect or 
4limit the provisions of Article XXIX of this act.]

5Section 148. Section 1919 of the act, amended July 1, 1994 
6(P.L.373, No.55), is repealed:

7[Section 1919. Sales of Real and Personal Property to 
8Certain Entities.--Any provision of this act requiring 
9advertising for bids and sale to the highest bidder shall not 
10apply where city real or personal property is to be sold to a 
11county, city, borough, town, township, home rule municipality, 
12institution district, school district, volunteer fire company, 
13volunteer ambulance service or volunteer rescue squad located 
14within the city, or municipal authority pursuant to the act of 
15May 2, 1945 (P.L.382, No.164), known as the "Municipality 
16Authorities Act of 1945," a housing authority pursuant to the 
17act of May 28, 1937 (P.L.955, No.265), known as the "Housing 
18Authorities Law," an urban redevelopment authority pursuant to 
19the act of May 24, 1945 (P.L.991, No.385), known as the "Urban 
20Redevelopment Law," a parking authority pursuant to the act of 
21June 5, 1947 (P.L.458, No.208), known as the "Parking Authority 
22Law," a port authority pursuant to the act of December 6, 1972 
23(P.L.1392, No.298), known as the "Third Class City Port 
24Authority Act," or a corporation not for profit engaged in 
25community industrial development. Any provision of this act 
26requiring advertising for bids and sale to the highest bidder 
27shall not apply where real property is to be sold to a 
28corporation not for profit organized as a public library for its 
29exclusive use as a library, to a medical service corporation not 
30for profit, to a housing corporation not for profit, to the
 

1Commonwealth or to the Federal Government. When real property is 
2to be sold to a corporation not for profit organized as a public 
3library for its exclusive use as a library or to a medical 
4service corporation not for profit or to a housing corporation 
5not for profit, council may elect to accept a nominal 
6consideration for the sale as it shall deem appropriate. Real 
7property sold pursuant to this section shall be subject to the 
8condition that when the property is not used for the purposes of 
9the conveyance, the property shall revert to the city.]

10Section 149. Article XX heading of the act is amended to
11read:

12ARTICLE XX

13POLICE [BUREAU] FORCE

14Section 150. Sections 2001 and 2002 of the act, amended
15December 27, 1967 (P.L.893, No.403), are amended to read:

16Section 2001. Appointment, Number, Rank, Compensation and
17Qualifications of [Policemen] Police Officers.--(a) The council
18shall fix, by ordinance, the number, grades and compensation of
19the members of the city police force, who shall, except as 
20provided in section 2002, be appointed in accordance with the
21civil service provisions of this act[, and no].

22(b) No member of the city police force having been promoted
23in conformity with the civil service provisions of this act
24shall be demoted in rank or discharged from the police force
25except upon proper cause shown as set forth under the civil
26service provisions of this act.

27(c) No [policeman shall] police officer, after [his] the 
28police officer's appointment and qualification, shall hold at
29the same time the office of constable.

30(d) Council shall [prescribe all necessary] promulgate rules

1and regulations for the organization and government of the
2police force. [The minimum annual starting salary or
3compensation to be paid the members of the police force by any
4city shall be four thousand five hundred dollars ($4,500), with
5minimum annual increments of three hundred dollars ($300) for
6the first three years of such employment. If the annual salary
7or compensation of any policeman employed by the city on the
8effective date of this amending act is less than four thousand
9five hundred dollars ($4,500), such salary or compensation shall
10be increased to four thousand five hundred dollars ($4,500), and
11such policeman shall receive minimum annual increments of three
12hundred dollars ($300) for the next three years of such
13employment.]

14Section 2002. Designation of Chief [and Other Officers].--
15The [mayor shall designate, from the force, the chief and other
16officers who shall serve as such officers until their successors
17are appointed and qualified. The chief of police shall be
18designated by the mayor and may be demoted without cause in the
19same manner, but not to any rank lower than the rank which he
20held at the time of his designation as chief of police.] chief 
21of police shall be designated by the mayor from within the ranks 
22and may be demoted without cause in the same manner, but not to 
23any rank lower than the rank which was held at the time of 
24designation as chief of police. In the event that no qualified 
25officer from within the ranks has applied for such designation, 
26the chief of police shall be designated by the mayor from 
27without the ranks. The officers, other than the chief of police, 
28shall be designated in accordance with Article XLIV.

29Section 151. Sections 2003, 2005, 2006, 2007, 2008 and 2009
30of the act are amended to read:

1Section 2003. Extra [Policemen] Police Officers;
2Compensation.--[The mayor, whenever, in his judgment] Whenever 
3in the judgment of the mayor it is necessary for the public
4safety or to preserve order, the mayor may appoint extra
5[policemen] police officers to serve for such period as the
6council may designate, not exceeding thirty days, whose
7compensation shall be fixed by council.

8Section 2005. Powers of [Policemen] Police Officers to
9Arrest.--[Policemen] Police officers shall be ex-officio
10constables of the city, and shall and may[, within the city or]
11enforce the laws of this Commonwealth or otherwise perform the 
12functions of their office in accordance with 42 Pa.C.S. §§ 8952 
13(relating to primary municipal police jurisdiction) and 8953 
14(relating to Statewide municipal police jurisdiction) and upon
15property owned or controlled by the city or by a [municipality]
16municipal authority [of] created by the city [within the
17Commonwealth], without warrant and upon view, arrest and commit
18for hearing any and all persons guilty of breach of the peace,
19vagrancy, riotous or disorderly conduct or drunkenness, or who
20may be engaged in the commission of any unlawful act tending to
21imperil the personal security or endanger the property of the
22citizens, or violating any of the ordinances of [said] the city
23for the violation of which a fine or penalty is imposed.

24Section 2006. Service of Process; Fees; Payment into
25Treasury.--[Policemen] Police officers shall have authority to
26serve and to execute [within the city or upon property owned or
27controlled by the city or by a municipality authority of the
28city within the Commonwealth all] criminal process or processes
29issued for the violation of city ordinances [which may be issued
30by the mayor or any alderman,] and shall charge the same fees

1and costs as pertain by law to the constables of the city for
2similar services, but the [said] fees and costs shall be
3[received and collected by the mayor or alderman, and by him]
4paid into the city treasury monthly as herein provided.

5Section 2007. Supervision by Mayor.--[Policemen] The chief 
6of police shall obey the orders of the mayor and make report to 
7[him] the mayor, which report shall be [laid by him before
8council monthly] presented monthly by the mayor to council. [The
9mayor shall exercise a constant supervision and control over
10their conduct.]

11Section 2008. Extra Compensation Prohibited; Exception;
12Penalty.--No [policeman] police officer shall ask, demand or
13receive any compensation or reward whatsoever for [his] the 
14police officer's services other than that provided by ordinance,
15except rewards offered for the arrest of persons accused of
16crime committed outside of the city in which [they hold office,
17and witness fees and mileage as provided by law for their
18appearance in any court of record] such officer is employed. Any
19[policeman] police officer violating any of the provisions of
20this section [shall be guilty of] commits a misdemeanor [in
21office, and, upon conviction, shall be sentenced to pay a fine
22not exceeding fifty dollars, or undergo imprisonment not
23exceeding thirty days, or both, at the discretion of the court,]
24of the third degree and shall, upon conviction, be sentenced to 
25pay a fine or undergo imprisonment, or both, at the discretion 
26of the court to be followed by dismissal from office.

27Section 2009. Compensation or Insurance for Volunteer
28[Policemen] Police Officer.--Each city may make necessary
29appropriations to provide compensation or insurance for
30volunteer [policemen] police officers injured or killed while

1engaged in the performance of such duties as may be assigned to
2them in the city.

3Section 152. Section 2010 of the act, amended April 6, 1998
4(P.L.236, No.44), is amended to read:

5Section 2010. School Crossing Guards.--(a) Upon request of
6the board of school directors of the school district in which a
7city is located, the city council may appoint school crossing
8guards who shall have the duty of controlling and directing
9traffic at or near schools [and who shall be in suitable and
10distinctive uniform. School crossing guards shall be authorized
11only in the management of traffic and pedestrians in and around
12areas identified by the city police department and the school
13district superintendent]. They shall serve at the pleasure of
14the city council, except as noted in subsection (b)[, and shall
15not come within the civil service provisions of this act and
16shall not be entitled to participate in any city pension plan or
17plans now in effect or hereafter effective]. The compensation of
18the school crossing guards, if any, shall be fixed by the city
19council and shall be jointly paid by the city council and the
20board of school directors, in a ratio to be determined by the
21city council and board of school directors. If the city council
22and board of school directors are unable to determine the ratio
23of compensation of the school crossing guards to be paid by the
24council and the board, each shall pay one-half of the
25compensation of [such police. Auxiliary policemen, appointed as
26prescribed by general law, may be designated to serve as school
27crossing guards] the school crossing guards.

28(b) A city council may [approve] enact an ordinance allowing
29a board of school directors to assume the hiring and oversight
30of the school crossing guards. Before city council may [approve]

1enact such an ordinance, the board of directors of the school
2district shall [approve] adopt a resolution requesting the
3authority to assume the hiring and oversight of the school
4crossing guards. The ordinance enacted by council shall outline
5how the city police department will provide any necessary
6training and assistance of the school crossing guards while on
7duty. [Such school crossing guards will be authorized only in
8the management of traffic and pedestrians in and around areas
9identified by the city police department and the school district
10superintendent or his or her designee. The school crossing
11guards shall not come within the civil service provision of this
12act, nor shall they] School crossing guards shall not fall under
13the bargaining unit of the school district nor be classified as
14an employe as defined under section 1101-A of the act of March 
1510, 1949 (P.L.30, No.14), known as the "Public School Code of
161949," or under any benefits as provided under the "Public
17School Code of 1949[,]." [or under any plans hereafter
18effective. Once] After the ordinance [receives] is enacted by
19city council [approval], the school district shall assume the
20cost of compensation, including fixing such compensation, if
21any, of the school crossing guards. [Auxiliary policemen,
22appointed as prescribed by general law, may be hired by the
23school district to serve as school crossing guards.] The board
24of school directors shall notify the city council, mayor and
25police chief or commissioner of those hired to serve as school
26crossing guards and request the necessary training or assistance
27be provided as outlined by the ordinance.

28(c) Whether the city council appoints school crossing guards
29upon the request of the board of school directors or whether the
30city council enacts an ordinance allowing a board of school

1directors to assume the hiring and oversight of the school
2crossing guards, the following shall apply to school crossing
3guards:

4(1) Their duties and authority shall be restricted to the
5management of traffic and pedestrians in and around areas
6identified by the city police force and the school district
7superintendent or a designee.

8(2) They shall be in suitable and distinctive uniform while
9performing their duties as school crossing guards.

10(3) They shall not come within the civil service provisions
11of this act.

12(4) They shall not be entitled to participate in any city or
13school district pension or benefit plan or plans now in effect
14or hereafter effective.

15(5) Auxiliary police officers, appointed as prescribed by
16general law, may be designated by city council or hired by the
17school district, as applicable, to serve as school crossing
18guards.

19Section 153. Article XXI heading of the act is reenacted to
20read:

21ARTICLE XXI

22FIRE BUREAU

23Section 154. Section 2101 of the act is amended to read:

24Section 2101. Organization of Fire Bureau; Maintenance;
25Apparatus.--[Each city may organize a fire bureau, with or
26without pay, make] With regard to a city fire bureau, council 
27shall have the authority to:

28(1) by ordinance, establish and organize a fire bureau;

29(2) make appropriations for the maintenance of the same[,
30prescribe];

1(3) promulgate rules and regulations for the government of
2the officers and companies belonging thereto[,]; and

3(4) purchase equipment and apparatus for the extinguishment,
4prevention and investigation of fires and for the public safety.

5Section 155. Section 2101.1 of the act, added July 1, 1994
6(P.L.373, No.55), is amended to read:

7Section 2101.1. Appointment and Demotion of Fire Chief [and
8Deputy Fire Chief].--The mayor, by and with approval and consent 
9of council, shall appoint the fire chief [and deputy fire chief]
10who may be demoted without cause but not to any rank lower than
11the rank which [he] the fire chief held within the department at
12the time of [his] designation as fire chief [or deputy fire
13chief.]. In the event that no qualified employe of the fire 
14bureau has applied for such appointment, the fire chief shall be 
15appointed by the mayor, by and with approval and consent of 
16council, from without the ranks.

17Section 156. Section 2102 of the act, amended November 9,
181965 (P.L.670, No.328), is amended to read:

19Section 2102. Paid Bureau; Election of Officers and
20Companies.--When a paid fire bureau is organized by any city,
21the council, except as provided by section 2101.1, may provide,
22by ordinance, for the election or appointment of the officers
23and companies belonging thereto, in accordance with civil
24service provisions where applicable. The minimum annual starting
25salary or compensation to be paid the officers and [firemen]
26firefighters by any city shall be [four thousand five hundred
27dollars ($4,500), with minimum annual increments of three
28hundred dollars ($300) for the first three years of such
29employment. If the annual salary or compensation of any fireman
30employed by the city on the effective date of this amending act

1is less than four thousand five hundred dollars ($4,500), such
2salary or compensation shall be increased to four thousand five
3hundred dollars ($4,500), and such fireman shall receive minimum
4annual increments of three hundred dollars ($300) for the next
5three years of such employment] established by the city council.

6Section 157. Section 2103 of the act, amended July 19, 1957
7(P.L.1012, No.448), is amended to read:

8Section 2103. Platoon System; Hours of Service[; Vacation;
9Sick Leave].--(a) The director of the department having charge
10of the fire bureau in [each city shall] a city may divide the
11officers and members of companies of the uniformed fire force in
12the employ of [such cities] the city, and any other [firemen]
13firefighters and drivers regularly employed and paid by the
14city, excepting the chief engineer and assistant chiefs, and
15those employed subject to call, into [two] shifts, bodies or
16platoons to perform service during such hours as the director
17shall fix[, except as herein otherwise provided. The hours of
18day service shall not exceed ten, commencing at eight o'clock in
19the morning; the hours of night service shall not exceed
20fourteen, commencing at six o'clock in the afternoon; and the
21hours of day service shall not exceed fifty hours in any one
22calendar week, and the hours of night service shall not exceed
23seventy hours in any one calendar week, unless the hours of day
24and night service shall be equalized, in which case neither the
25hours of day or night service shall exceed fifty-six in any one
26calendar week: Provided, That for the duration of any war in
27which the United States is engaged, and six months thereafter,
28the hours of service may exceed the number hereinbefore provided
29as the maximum number of hours of service, and in such cases,
30council shall provide for the payment of extra compensation for

1any hours of service, at the same rate as paid for regular
2service in excess of such maximum hours of service. The employes
3of such fire forces shall be allowed to have at least twenty-
4four consecutive hours of rest in every calendar week, to have
5an annual vacation of not less than fourteen working days, and
6shall be entitled to twenty-one days sick leave annually without
7diminution of the salary or compensation fixed by ordinance. In
8those instances in which sick leave exceeds four days at any one
9time, it shall be necessary for the employe to present evidence
10satisfactory to the director of the department showing either
11injury, hospitalization, or illness attended to by a physician].
12In cases of riot, serious conflagration, times of war, public
13celebrations, or other such emergency, the [chief engineer of
14the bureau of fire, or the assistant chief deputy, or chief]
15fire chief or officer in charge at any fire shall have the power
16to assign all the members of the fire force to continuous
17duty[,] or to continue any member thereof on duty, if necessary.
18[No member of any of said shifts, bodies or platoons shall be
19required to perform continuous day service or continuous night
20service for a longer consecutive period than two weeks, nor be
21kept on duty continuously longer than ten hours in the day
22shifts, bodies or platoons or fourteen hours in the night
23shifts, bodies or platoons, excepting as may be necessary to
24equalize the hours of duty and service, and also excepting in
25cases of emergency, as above provided.]

26(b) Except as provided in subsection (c), no schedule shall 
27require a member of any shift, body or platoon to perform 
28continuous service for a consecutive period of twenty-four 
29hours, excepting in cases of emergency or as otherwise agreed 
30through collective bargaining or an award pursuant to the act of
 

1June 24, 1968 (P.L.237, No.111), referred to as the Policemen 
2and Firemen Collective Bargaining Act. The provisions of this 
3subsection shall not be deemed to alter or affect any schedules 
4in existence prior to the effective date of this subsection.

5(c) In a city where the work schedule in existence prior to
6the effective date of this subsection required a work shift of
7less than twenty-four hours, no schedule shall require a member
8of any shift, body or platoon to perform continuous service for
9a consecutive period of twenty-four hours, excepting in cases of
10emergency or as otherwise voluntarily agreed through collective
11bargaining. Once so modified, no further work schedule may
12contain provisions reinstituting a restriction on duty of less
13than twenty-four hours of continuous service.

14Section 158. Sections 2104, 2105, 2106, 2107 and 2108 of the
15act are amended to read:

16Section 2104. Fire Marshal; Powers.--Every city may, by
17ordinance, provide for the creation of the office of fire
18marshal who shall be appointed by the mayor, by and with the
19approval and consent of council, biennially. The fire marshal
20and [his] any authorized assistants[, if council shall provide
21for such assistants,] shall inspect all constructions or
22buildings within the city or upon property owned or controlled
23by the city or a [municipality] municipal authority of the city
24within the Commonwealth[, whether public, private, or business,]
25and shall enforce all laws of the Commonwealth and ordinances of
26the city relating to such constructions or buildings, for the
27prevention, containment, or investigation of fire and
28firehazards, both as to the constructions or buildings and as to
29the contents or occupancies thereof. The fire marshal or [his] 
30the fire marshal's assistants shall report to the director of

1public safety or to council or other designated official, as
2council shall by ordinance provide, any faulty or dangerous
3construction or building or like condition in any building[,]
4that may constitute a fire hazard[,] or any proposed use or
5occupation of any construction, building or premises[,] which
6would create or increase a hazard of fire. [He] The fire marshal
7shall investigate and keep a permanent record of the cause,
8origin and circumstances of every fire and the damage resulting
9therefrom occurring within [his] the fire marshal's jurisdiction
10immediately after the occurrence of [such] the fire. The [said]
11records of the fire marshal shall be open to public
12inspection[.] except as exempted in accordance with the act of 
13February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know 
14Law." The fire marshal shall submit to council an annual report
15consolidating the information contained in [said records at the
16first stated meeting in March of each year] the records as 
17directed by council. [He shall request the mayor or any alderman
18of the city to investigate, under the act, approved the
19seventeenth day of April, one thousand eight hundred sixty-nine
20(Pamphlet Laws 74), the origin of any fire he deems suspicious;
21and shall be equally subject to appointment and removal and to
22all the powers and duties under the act, approved the twenty-
23seventh day of April, one thousand nine hundred twenty-seven
24(Pamphlet Laws 450, Number 291), as amended, as is the chief of
25the fire department] If a fire is deemed suspicious, the fire 
26marshal shall have the authority to investigate the same.

27Section 2105. Obstructing Fire Marshal; Fine.--It shall be
28unlawful for any person to obstruct or prevent or attempt to
29obstruct or prevent the fire marshal in the discharge of [his] 
30the fire marshal's duties. Council may, by ordinance, establish

1the types or grades of such criminal conduct[,] and may
2establish fines[,] or imprisonment [in default of payment
3thereof,] or both for such violations. No fine so ordained shall
4exceed [three hundred] one thousand dollars for any single
5violation, and no imprisonment [in default of payment of such a
6fine] shall exceed ninety days.

7Section 2106. Investigation of Cause of Fire; Power of
8Mayor.--The mayor of any city may, whenever in [his] the mayor's
9judgment the occasion demands it, issue a subpoena, in the name
10of the Commonwealth of Pennsylvania, to any person or persons
11requiring [them to attend] the attendance of the person or 
12persons before [him] the mayor or the fire marshal at [such] the
13time and place as may be named in [said] the subpoena, then and
14there to testify, under oath or affirmation, which the fire
15marshal in the absence of the mayor is hereby empowered to
16administer, as to the origin of any fire occurring within the
17bounds of such city[,] and also as to any facts or circumstances
18that may be deemed important to secure the detection and
19conviction of any party or parties guilty of the offense of
20arson or attempted arson.

21Section 2107. Fire Chief Ex-officio Fire Marshal.--The fire
22chief of any city shall be ex-officio fire marshal thereof in
23any city wherein the office is not separately filled [by
24council] pursuant to ordinance, and in [such] that case all the
25powers and duties herein given to or imposed upon [such] the
26fire marshal shall be enjoyed and exercised by [such] the fire
27chief [of the fire department].

28Section 2108. Compensation Insurance for Injured Volunteer
29[Firemen] Firefighters or Special Fire Police.--Each city may
30make [such] appropriations as may be necessary to secure

1insurance or compensation for volunteer [firemen] firefighters
2killed or injured while engaged in the performance of their
3duties or as special fire police.

4Section 159. Section 2109 of the act, added June 16, 1993
5(P.L.97, No.21), is amended to read:

6Section 2109. Salary of Nonunion City Fire Officers.--[Any]
7A fire chief or head of a fire department of a city who has been
8removed from bargaining units under the act of June 24, 1968 
9(P.L.237, No.111), referred to as the Policemen and Firemen
10Collective Bargaining Act, by rulings of the Pennsylvania Labor
11Relations Board shall receive not less than the same dollar
12increase, including fringe benefits but excluding overtime and
13festive holiday pay, as received by the highest-ranking fire
14officer participating in the bargaining unit.

15Section 160. Article XXII heading of the act is amended to
16read:

17ARTICLE XXII

18[BUREAU OF MINE INSPECTION AND]

19SURVEYS AND SURFACE SUPPORT

20IN COAL MINING AREAS

21Section 161. Sections 2201 and 2202 of the act are repealed:

22[Section 2201. Ordinance Creating.--Any city within the
23limits of the anthracite or of the bituminous coal regions of
24the Commonwealth may, by ordinance, create a bureau of mine
25inspection and surface support.

26Section 2202. Bureau, How Constituted.--The bureau shall
27consist of one practical mining engineer, to be appointed by the
28mayor, with consent of the council, and such assistants, clerks,
29and employes as the council may provide. The officers and
30employes of the bureau shall receive such compensation as may be

1prescribed by council.]

2Section 162. Sections 2203, 2204, 2205, 2206 and 2207 of the
3act are amended to read:

4Section 2203. [Inspection of Mines] Survey of Mines.--
5[Members of the bureau may enter, inspect, examine] For the 
6purpose of conducting a survey as may be required by council, 
7the city engineer or other registered professional engineer 
8employed by the city, may enter and survey any mine or colliery,
9within the limits of the city, in whole or in part, at all
10reasonable times, either by day or night, but not so as to
11impede nor obstruct the workings of the mine or colliery; and
12may take with them [such] other persons [as may be] necessary
13for the purpose of making [an examination or] a survey. The
14owner, operator, or superintendent of such mine or colliery
15shall furnish the means necessary for [such] the entry,
16[inspection, examination,] survey and exit.

17Section 2204. Operators to Furnish Maps; Contents.--The
18owner, operator, or superintendent of every coal mine or
19colliery within the limits of the city, in whole or in part,
20[within three months after the passage of an ordinance by any
21city creating such bureau,] shall, at the request of council,
22make or cause to be made and furnished to [such bureau] the city 
23engineer an accurate map or plan of the workings or excavations
24of [such] each coal mine or colliery, or parts thereof, within
25the limits of [said] the city[, on a scale of one hundred feet
26to the inch. The map or plan shall exhibit the workings or
27excavations in every seam of coal on a separate sheet, and the
28tunnels and passages connecting with such workings or
29excavations. It shall show in degrees the general inclination of
30the strata, with any material deflection therein in the workings

1or excavations, and shall also show the tidal elevations of the
2bottom of every shaft, slope, tunnel, and gangway, and of any
3other point in the mine or on the surface where such elevation
4shall be deemed necessary by the bureau. The map or plan shall
5show the number of the last survey station and date of each
6survey on the gangways or the most advanced workings].

7Section 2205. Extensions to be Placed on Maps.--[Every mine 
8owner, operator, or superintendent shall place or cause to be 
9placed upon the map of the bureau, at least] Not less than once
10in every three months, a map that has been provided to a city, 
11at the request of council, pursuant to section 2204, shall be 
12updated at the direction of the mine owner, operator or 
13superintendent. The updated map shall show all the extensions
14made in any mine, wholly or partially within the limits of
15[such] the city, and not already so placed upon the map, except
16those made within thirty days immediately preceding the time of
17placing [such] the extensions upon the [said] map.

18Section 2206. Certain Surface Supports Not to be Removed.--
19It shall be unlawful for any person, [copartnership]
20partnership, association, or corporation to dig, mine, remove,
21or carry away the coal, rock, earth, or other minerals or
22materials forming the natural support of the surface beneath the
23streets and places of any city[, in the anthracite region or in
24the bituminous region,] to such an extent and in such a manner
25as to thereby remove the necessary support of the surface,
26without having first placed or constructed an artificial
27permanent support sufficient to uphold and preserve the
28stability of the surfaces of such streets and places.

29Section 2207. Penalty for Surface Support Violations.--Any
30person, corporation or association[, being the owner, lessee or

1operator of any coal mine, and] violating the provisions of this
2article concerning surface support of streets and places within
3the city [shall be guilty of] commits a misdemeanor[,] and
4shall, upon conviction [thereof shall], be sentenced for such
5offense to pay a fine not exceeding one thousand dollars, or [to
6undergo] imprisonment [in the county jail] for a period not
7exceeding ninety days, or both, and each [five day continuance
8in any] day in which such violation continues shall constitute
9an additional and separate offense [and be likewise punishable
10upon conviction thereof].

11Section 163. Section 2208 of the act is repealed:

12[Section 2208. General Penalties.--Any owner, operator or
13superintendent of any coal mine or colliery who shall violate
14any of the provisions of this article, except those requiring
15surface support of streets and places within the city, shall,
16upon summary conviction thereof before a justice of the peace or
17an alderman of the city, be fined not less than fifty dollars
18nor more than three hundred dollars, and in default of payment
19thereof, shall be imprisoned for not more then ninety days for
20each such violation. Each five day continuance in any such
21violation shall constitute an additional and separate offense
22and be likewise punishable upon summary conviction thereof. All
23fines imposed under this section shall be paid into the treasury
24of the city.]

25Section 164. Section 2209 of the act is reenacted to read:

26Section 2209. Enactment of Ordinances.--Council may enact
27such ordinances as may be necessary for the enforcement of the
28provisions of this article and provide penalties for the
29violation thereof.

30Section 165. Article XXIII and subdivision (a) headings of

1the act are reenacted to read:

2ARTICLE XXIII

3PUBLIC HEALTH

4(a) Board of Health

5Section 166. Section 2301 of the act is amended to read:

6Section 2301. Board of Health[; Incompatibility].--Each city
7shall have a board of health. Council may, by ordinance, create
8a board of health [as herein provided], or, in lieu thereof,
9council shall be the board of health. [The board of health shall
10have five members appointed by council, who shall serve without
11compensation. Except as otherwise herein provided, membership on
12the board of health shall be incompatible with every other city
13office.] If council is the board of health, members of council 
14shall receive no additional compensation for serving on the 
15board.

16Section 167. Section 2302 of the act, amended June 16, 1993
17(P.L.97, No.21), is amended to read:

18Section 2302. [Qualifications; Term; Removal.--The] Members 
19of Appointed Boards of Health.--(a) Council shall appoint five 
20members to a board of health created by ordinance. Appointed 
21members shall serve without compensation. Except, in the case of 
22an appointed member who is a licensed or certified health care 
23professional that has a principal office in the city, members of
24the appointed board of health shall be residents of the city.
25[At least one, and whenever possible two,]

26(b) Two members of the board shall be [currently] licensed
27or certified health care professionals unless council cannot 
28identify two such professionals who are willing to serve, in 
29which case, one member shall be a licensed or certified health 
30care professional. If no licensed or certified health care
 

1professional can be identified to serve on the board, council 
2may, in lieu thereof, appoint any individual who has experience 
3or is knowledgeable of public health issues.

4(c) Health care professionals pursuant to this section must 
5be licensed or certified by the State Board of Medicine, the
6State Board of Examiners of Nursing Home Administrators, the
7State Board of Podiatry, the State Board of Veterinary Medicine,
8the State Board of Occupational Therapy Education and Licensure,
9the State Board of Osteopathic Medicine, the State Board of
10Pharmacy, the State Board of Physical Therapy [or], the State
11Board of Nursing [to be engaged in a medical, medically related
12or health care profession or business and shall be a resident or
13have an office in the city. If a licensed or certified medical
14or health care professional cannot be identified to serve on the
15board, council may appoint any individual who has experience or
16is knowledgeable of public health issues], the State Board of 
17Social Workers, Marriage and Family Therapists and Professional 
18Counselors, the State Board of Chiropractic, the State Board of 
19Dentistry, the State Board of Optometry, the State Board of 
20Psychology or the State Board of Examiners in Speech-Language 
21and Hearing.

22[Upon] (d) After the creation of the board, by ordinance,
23council shall designate [for] one appointee for a term of one
24year, [for] another for a term of two years, and so on up to
25five; thereafter, one member of the board shall be appointed
26annually to serve for a term of five years from the first Monday
27of [April] January succeeding [his] the member's appointment.

28(e) Council may remove appointed members of the board for
29official misconduct or neglect of duty.

30(f) All vacancies on appointed boards shall be filled by
 

1council appointing a qualified person to membership on the board
2for the unexpired term of the person whose membership had been 
3vacated.

4Section 168. Sections 2303, 2304, 2305, 2306, 2307, 2308,
52309, 2310 and 2311 of the act are amended to read:

6Section 2303. Oath of Office; Organization; Secretary.--(a)
7Each member of the board of health shall take the oath of office
8prescribed in section [nine hundred and five of this act] 905.

9(b) The board of health shall organize annually on the first
10Monday of January[. The board] and shall elect a president
11annually from among [the] its members. [and]

12(c) Council shall appoint a secretary of the board of health
13who is not a member of the board of health. [board member. The
14secretary shall take the aforesaid oath and shall give a
15fidelity bond with corporate surety to the city in such amount
16as council requires.] The secretary shall receive [such] a
17salary as approved by council [shall approve].

18Section 2304. Duties of Secretary.--The secretary of the
19board shall have the power and the secretary's duty shall be as 
20follows:

21(1) To keep the minutes of the proceedings of the board[,
22shall keep] and accurate accounts of the expenditures of the
23board.

24(2) To [, shall] draw all requisitions for the payment of
25moneys on account of the board of health from appropriations
26made by the council to the board and shall present the same to
27the president of the board for [his] the president's approval.

28(3) To [, shall] render statements of the expenditures to
29the board at each stated meeting or as frequently as the board
30may require.

1(4) To [, shall] prepare, under the directions of the board,
2the annual report to council, together with the estimate of
3appropriations needed for the ensuing year.

4(5) To [He shall] make such reports to the State Department
5of Health as are required by law or by rule or regulation of the
6[Department] department.

7(6) To [, and shall] make such other reports and perform
8such other duties as are required [of him] by law or by the
9board of health.

10Section 2305. Health Officer; Qualifications; Oath [and
11Bond.--The board shall appoint as].--(a) Council shall, by 
12ordinance, determine the manner and method of selection of a
13health officer who shall be a person with [some] experience or
14training in public health work [in accordance with rules and
15regulations of the Advisory Health Board of] and who shall be 
16or, within six months of taking the oath of office, shall become 
17certified for the office of health officer by the State
18Department of Health[, and who shall not enter upon his duties
19until he has been certified for the office of health officer by
20the State Department of Health]. The health officer shall take
21the oath required of members of the board. [, and shall give
22bond with corporate surety approved by council to the city for
23the faithful performance of his duties. The amount of the bond
24shall be fixed by council.] The health officer shall be the
25agent of the board of health but shall not serve as a member of 
26the board of health.

27(b) City council may appoint, as the principal health
28officer of the city, the manager or chief administrator employed
29and compensated by a nonprofit corporation which may be
30appointed as a board of health in accordance with subdivision

1(c). The manager or chief administrator, to be eligible for
2appointment, must be a reputable physician of at least five
3years' experience in the practice of the physician's profession
4or in public health work. The principal health officer,
5appointed pursuant to this subsection, shall have all the powers
6and authority and duties now or hereafter to be conferred or
7prescribed by law upon principal health officers.

8Section 2306. Duties of Health Officer.--(a) The duties of 
9the health officer shall include the following:

10(1) [It shall be the duty of the health officer to] To
11attend all [stated] regular and special meetings of the board of
12health [and to].

13(2) To be available for the prompt performance of [his] the 
14health officer's official duties [at all times. He shall].

15(3) To quarantine places of communicable diseases in
16accordance with law and with the rules and regulations of the
17State Department of Health or of the city board of health.

18(4) [He shall] To execute all laws and rules or regulations
19for the disinfection of quarantined places.

20(5) [He shall] To serve written notice on teachers and
21persons in charge of public, parochial, Sunday and other
22schools[,] requiring the exclusion from school of children who
23are suffering from, or who reside with persons who are suffering
24from, communicable diseases[, and shall].

25(6) To make sanitary inspections[, and shall] subject to 
26constitutional standards in a similar manner as provided in 
27section 2308.

28(7) To execute the orders of the board of health and all
29other laws, rules and regulations and orders pertaining to [his] 
30the health officer's office.

1(b) The health officer [He] shall[, in the performance of
2his duties, have the power and authority of a policeman of the
3city] to the extent the health officer's duties have the power 
4to issue citations for the violation of applicable laws or 
5ordinances.

6Section 2307. Duties of Board of Health.--[The board of
7health shall enforce the laws of the Commonwealth and the rules,
8regulations and orders of the State Department of Health.] (a)
9The board of health shall undertake to prevent or diminish the
10introduction or further spread of infectious or contagious
11diseases[,] and otherwise to protect and increase the public
12health by regulating communication with places of infection or
13contagion, by isolating carriers of infection or contagion or
14persons who have been exposed to any infectious or contagious
15disease, by abating or removing all nuisances which the board
16shall deem prejudicial to the public health, and by enforcing
17the vaccination laws; and the board shall make all such rules
18and regulations as to it appear proper for the preservation or
19improvement of the public health, consistent with this article
20and the laws of the Commonwealth.

21(b) In carrying out its duties under this act, the board of
22health shall, if authorized, enforce the laws of the
23Commonwealth that are relevant to and relate to its duties.

24(c) The board of health shall transmit to the State
25Department of Health all of its reports and publications and
26such other information regarding public health in the city as
27may be requested or required by the [Department] department.

28Section 2308. Powers of Board of Health.--The board of
29health shall have authority:

30(1) [To employe] If authorized by council, to employ agents

1and employes at rates of compensation approved by council. [at
2such rates or salaries as council shall approve.

3(2) To establish and staff emergency hospitals, with the
4consent of council, in case of the [prevalence] prevalence or
5threat of any contagious or infectious disease or other serious
6peril to public health, and to provide for and regulate the
7management of such hospitals.

8(3)] (2) To enter upon any premises whatsoever within the
9city as a body or by committee or by its agents or employes,
10which premises are suspected of infectious or contagious disease
11or of any other nuisance prejudicial to the public health, or of
12the danger of them, for the purpose of examining the premises or
13of preventing, confining or abating public nuisances. The 
14following apply:

15(i) In the event that entry upon any premises is refused by
16an owner, an agent of an owner, or tenant, the board of health
17shall obtain an administrative search warrant from any
18magisterial district judge within the judicial district wherein
19lies the premises to be inspected.

20(ii) It shall be sufficient to support the issuance of a
21warrant for the board of health to provide to the magisterial
22district judge evidence of any of the following:

23(A) Reasonable standards and an administrative plan for
24conducting inspections.

25(B) The condition of the premises or general area and the
26passage of time since the last inspection.

27(C) Facts, supported by an oath or affirmation, alleging
28that probable cause exists that a law, regulation or ordinance
29subject to enforcement by the board of health has been violated.

30[(4)] (3) To conduct investigations and to hold public

1hearings in the performance of its duties and powers, wherein
2the president and secretary of the board shall have full power
3to administer oaths and affirmations but shall receive no fee
4therefor. For such purposes, the board of health may require the
5attendance of witnesses and their books and papers in accordance 
6with section 917.

7[(5) To establish a force of sanitary police for the
8enforcement of its rules and regulations, whenever in the
9opinion of the board the public health of the city requires. To
10fix the number of such police and the duration of their service
11and to have the exclusive control and direction of them. The
12mayor shall detail police from the regular police force or make
13new appointments in order to provide a sanitary police force,
14and upon the expiration of the need for such a force the members
15thereof shall be returned to duty as regular policemen, or, if
16newly appointed, be dismissed as the mayor may direct, but no
17permanent increase of the police force shall be made thereby
18unless council so ordains.

19(6)] (4) To publish and enforce its rules and regulations as 
20approved by council.

21[(7) To] (5) If approved by council, to provide for or
22cooperate in providing for general and gratuitous vaccination,
23disinfection and other public health control programs, and
24likewise to make available medical relief in such ways as in its
25opinion will benefit the public health.

26[(8) To certify to council expenditures in excess of
27council's appropriations therefor, necessarily incurred by the
28board by reason of an epidemic, or upon approval of council, for
29any other immediate and serious peril to public health. Council
30shall thereupon appropriate sufficient money to meet such

1additional expenditures.

2(9)] (6) To [prevent, abate or remove] provide, in 
3accordance with subdivision (b), for the prevention, abatement 
4and removal of conditions found by it to be detrimental to the
5public health as public, not private, nuisances[,] or to declare
6and certify to council [such] the conditions and the premises or
7ways or places harboring [them] the condition to be public, not 
8private, nuisances.

9[(10) To prescribe regulations for the erection or operation
10of bone boiling establishments or of repositories of dead
11animals in the city, and in accordance therewith, to permit or
12refuse to permit such erections or operations within the city.
13Any person who shall erect or operate any such establishment or
14repository in the city without the permission of the board of
15health, or in violation of its regulations pertaining thereto,
16shall forfeit and pay to the city the sum of three hundred
17dollars for every such offense, and the like amount for each
18month's continuance thereof, to be collected by an action before
19an alderman of the city, and shall also be subject to indictment
20for the common law offense of creating and maintaining a
21nuisance. Nothing herein shall limit the remedies of injunction
22or abatement as to any such establishment.

23(11) To determine whether or not the keeping or slaughtering
24of stock animals or fowls in or about any dwelling or part
25thereof, or in the yard, lot or adjoining property of any such
26building within the city or parts thereof, is or may become
27detrimental to the public health. Council may prohibit any such
28keeping or slaughtering which the board certifies to it as
29detrimental, or the board may issue permits in accordance with
30regulations adopted by it for the keeping of such animals or

1fowls within the city or parts thereof. No such permit shall
2extend beyond the calendar year within which it was issued, and
3the fee for each permit shall be one dollar.]

4Section 2309. Effect of Rules and Regulations.--[The rules
5and regulations of the board of health may be approved by
6council, and when printed and advertised by council as required
7by this act in the case of ordinances, shall have the force of
8ordinances of the city; and all penalties, fines or imprisonment
9prescribed therein for violations thereof, together with the
10expenses necessarily incurred in carrying the rules and
11regulations into effect and the costs of proceedings incident
12thereto, shall be recoverable for the use of the city, as
13provided for in the case of other city ordinances.] Rules and 
14regulations adopted by the board of health shall be presented to 
15city council for its approval. City council shall have the 
16authority to approve, by ordinance, the rules and regulations 
17submitted by the board of health. Upon approval by council, the 
18rules and regulations of the board of health shall have the 
19force and effect of ordinances of the city. The ordinance 
20approving the rules and regulations may incorporate them by 
21reference. Council shall provide a place for the public to view 
22the rules and regulations. The ordinance approving the rules and 
23regulations shall prescribe the penalties, fines or imprisonment 
24for violations thereof.

25Section 2310. Fees and Penalties.--All fees and penalties
26collected or received by the board or any officer thereof [in
27his] acting in an official capacity shall be paid [monthly] as 
28received to the city treasurer for the use of the city.

29Section 2311. Proceedings of Board to be Public.--The
30proceedings of the board shall be public and its journal of

1proceedings shall be open to [the] public inspection [of any
2taxpayer].

3Section 169. Article XXIII subdivision (b) heading of the
4act is amended to read:

5(b) [Abatement of] Public Nuisances Detrimental

6to Public Health

7Section 170. Sections 2320 and 2321 of the act are amended 
8to read:

9Section 2320. [Definition.--] Determination of Public 
10Nuisances.--(a) Any condition or usage whatsoever in or about
11the buildings, structures or land, or the streets or private
12ways and places, or elsewhere, within the city, whether public
13or private, [which] if determined by the board of health [shall
14find] to be detrimental to the public health [is hereby declared
15to be] shall constitute a public nuisance. Whenever in this
16subdivision the words "public nuisance" or "nuisance" are used
17they shall be deemed to mean a nuisance detrimental to the
18public health, unless a different meaning is specified.

19(b) The powers of investigation and entering upon premises
20vested in the board of health and its agents and employes
21pursuant to its orders shall be available for the determination
22of public nuisances.

23Section 2321. [Procedure for the] Abatement of Public
24Nuisances by Designated Department.--[Whenever the board of
25health shall determine, after such examination, investigation or
26hearing as shall suffice to inform its judgment, that a public
27nuisance exists or is about to exist, it may order the nuisance
28to be removed, abated, suspended, altered, or otherwise
29prevented or avoided. Notice of such order, bearing the official
30title of the board and the number of days for compliance

1therewith and the alternative remedy of the board in case of
2non-compliance, shall be served upon the person, if any, whom
3the board deems responsible therefor or concerned therein, and
4upon the owner or abutting owner of the land, premises or other
5places whereon such a nuisance is or is about to be, if any. In
6case no such party or parties can be discovered by the board,
7the order shall be served by posting a copy or copies thereof
8conspicuously upon the premises for a period of at least ten
9days.] (a) If, in accordance with this subdivision, the board 
10of health determines that a public nuisance exists, it shall 
11report its determination, along with any request for summary 
12abatement, to the department designated by council in section 
132702-A, relating to the report and investigation of a public 
14nuisance.

15(b) Notwithstanding any other provision of Article XXVII-A,
16the department designated to abate public nuisances shall
17proceed as follows:

18(1) The report to the designated department that the board
19of health has determined that public nuisance exists shall be
20deemed a determination by the designated department that a
21public nuisance exists as required by section 2702-A(d)(1).

22(2) Summary abatement, if requested by the board of health,
23shall be pursued if the designated department finds that the
24criteria set forth in section 2702-A(d)(2) exists.

25(3) If summary abatement is not pursued, the designated
26department shall proceed with abatement with prior notice in
27accordance with Article XXVII-A.

28Section 171. Sections 2322, 2323 and 2324 of the act are
29repealed:

30[Section 2322. Contents of Notice.--The notice of the

1board's order shall clearly specify:

21. The place and manner of the nuisance or anticipated
3nuisance as determined by the board;

42. The nature or condition thereof;

53. The board's order with respect to the nuisance or
6anticipated nuisance;

74. The names of the persons found by the board to be
8responsible therefor or concerned therewith and the name of the
9owner, if any, of the land or premises involved;

105. The date of the board's order and the number of days
11therefrom allowed for compliance with it;

126. The alternative remedy of the board in case of non-
13compliance;

147. Notice that the persons affected thereby may apply,
15within the time set for compliance with the order, to the board
16for a hearing, and may request such stay of execution or
17modification or rescission of the said order as they shall
18believe just and proper;

198. The signature of the president of the board, attested by
20the secretary.

21Section 2323. Hearing; Disposition.--If any person affected
22thereby shall apply for a hearing within the time provided, the
23board shall promptly notify all interested parties of the time
24and place of the hearing. The board shall enter upon its minutes
25such facts and proofs as it may receive, and its proceedings on
26such hearing and thereafter may rescind, modify or reaffirm its
27order and require execution of the original or of a new or
28modified order, as it shall determine and direct. The persons
29affected shall be notified of the board's final order, and
30within ten days from the mailing of such notice may appeal

1therefrom to the court of quarter sessions, which appeal may
2operate as a supersedeas if the court, upon proper cause shown,
3so orders, and provided the appellants post bond, approved by
4the court, for the use of the city, with sufficient surety to
5cover all the expense and costs of executing the board's order.

6Section 2324. Abatement of Public Nuisances by Board of
7Health or City.--In any case where the persons ordered by the
8board of health to abate or prevent a public nuisance or
9anticipated public nuisance refuse or neglect to do so within
10the time specified in the original or any subsequent order of
11the board, then, unless the said order shall have been suspended
12by appeal to the court and proper bond posted, the board may
13direct its health officer and employes to execute the said
14order; or if the execution of the said order requires the
15grading, paving or repaving of private alleys or any similar
16work upon any property whatsoever within the city or any other
17work or service that may best be performed or contracted for by
18the agencies and employes of the city itself, then the board
19shall certify its order to the city council and council shall
20thereupon proceed to cause the execution of the order. In any
21case where the board of health or the council thus abates or
22prevents or causes the abatement or prevention of a public
23nuisance, the cost and expense of such work, services and
24materials shall be charged to the persons affected in their
25proper proportions; and upon non-payment of such charges, the
26city may file a lien therefor upon the affected premises in the
27name of and for the use of the city, as provided by law for
28municipal claims, in addition to the other remedies available
29for the collection of debts due the city. The lien shall attach
30as of the time the work was commenced, which shall be fixed by

1the certificate of the health officer or of the city engineer
2filed with the city clerk.]

3Section 172. Article XXIII subdivision (c) heading of the
4act is reenacted to read:

5(c) Corporations Acting as Boards of Health

6Section 173. Section 2330 of the act is amended to read:

7Section 2330. Board of Directors of Corporation to be
8Appointed Members of Board of Health.--[Whenever any corporation
9not for profit has been or shall hereafter be chartered, whose
10principal corporate purpose is or shall be substantially to
11preserve and promote the health of the public of any city, and
12the control and elimination of disease, and such corporation, in
13the opinion of the council of such city and the State Department
14of Health, shall have at its disposal sufficient means to render
15its assistance of value to the city in the administration of its
16public health affairs, and is properly organized and managed,
17said council may, by ordinance, appoint the members of the board
18of directors for such corporation as the board of health of such
19city for a term of five years. The said board of directors shall
20not be more than nine or less than five in number, and at least
21two of the members shall be reputable physicians with not less
22than five years' experience in the practice of their profession.
23When, by limitation in the charter or by-laws of such
24corporation, the office of any member of the board of directors
25shall terminate, such person's membership in the board of health
26shall also terminate and a vacancy in such membership exist, to
27be filled as hereinafter provided. Whenever the number of
28directors of such corporation shall be increased, subject,
29however, to the aforesaid maximum limitation of nine, the
30council of said city may appoint any person added to the

1corporation's board of directors as an additional member of the
2board of health for a term equal in the unexpired term of the
3other members, subject, also, to termination resulting from
4limitations in the corporation's charter or by-laws as
5aforesaid.] (a) City council may, by ordinance, appoint the 
6members of a board of directors of a nonprofit corporation as 
7the board of health for the city for a term of five years 
8provided that the nonprofit corporation:

9(1) Has as its principal purpose to substantially preserve
10and promote the health of the public of the city and to control
11and eliminate disease.

12(2) Has sufficient means to render valuable assistance to
13the city's public health affairs in the opinion of city council
14and the State Department of Health.

15(3) Is properly organized and managed.

16(4) Has no fewer than five and no more than nine members on
17the board of directors.

18(5) Has at least two reputable physicians on the board with
19each having no less than five years' experience in the practice
20of the physician's profession.

21(b) When the office of any member of the board of directors
22terminates pursuant to the nonprofit corporation's charter or
23bylaws, the office of the member of the board of health shall
24also terminate with the resulting vacancy to be filled as
25hereinafter provided.

26(c) If the number of the board of directors of the nonprofit
27corporation increases, subject to the limitation of a maximum of
28nine members, city council may appoint any person added to the
29corporation's board of directors as an additional member of the
30board of health for a term equal to the unexpired term of the

1other members. This additional appointment shall be subject to
2any subsequent termination resulting from a limitation in the
3corporation's charter and bylaws.

4Section 174. Section 2331 of the act is repealed:

5[Section 2331. Councilmen and School Directors Eligible for
6Appointment.--Members of council of such city, not more than two
7in number, and one member of the board of directors of the
8school district of such city, if they are also members of the
9board of directors of said corporation, shall be eligible to
10appointment as members of the board of health of said city.]

11Section 175. Sections 2332, 2333, 2334 and 2335 of the act 
12are amended to read:

13Section 2332. Power of Board.--The board of health [so
14appointed] under this subdivision shall have all the power and
15authority and perform the duties now or hereafter conferred and
16prescribed by law upon boards of health of cities.

17Section 2333. Health Officer.--[If the board of directors of
18such corporation shall employe as manager or chief administrator
19of the activities and operations of the corporation a reputable
20physician of five years' experience in the practice of his
21profession, or in public health work, for a compensation to be
22paid out of the corporation's funds, it shall be lawful for such
23council to appoint such manager or chief administrator as the
24principal health officer of such city, with all the powers and
25authority and duties now or hereafter to be conferred or
26prescribed by law upon principal health officers.] Pursuant to 
27section 2305(b), city council may appoint the manager or chief 
28administrator of a nonprofit corporation as the principal health 
29officer of the city.

30Section 2334. Secretary.--The secretary of the board of

1directors of [such] the nonprofit corporation under this 
2subdivision may serve as secretary of [such] the board of
3health.

4Section 2335. Filling of Vacancies.--[As the five year terms
5of members of such board of health expire, and as vacancies
6therein occur, the council of such city may appoint successors
7to those whose terms shall have so expired for further terms of
8five years, and appoint persons to fill vacancies in both cases
9by selection of the then members of such board of directors,
10including, in the case of vacancies, the persons in the said
11board of directors who may be selected to fill the vacancies
12therein. Such appointment in the case of a vacancy shall be for
13the unexpired portion of the five year term.] City council may 
14appoint successors for vacancies on the board of health that 
15occur as five-year terms of board members expire. The successors 
16shall serve for five-year terms. City council may also appoint 
17successors to vacancies on the board of health that occur for 
18any other reason, but in such case the appointment shall be for 
19the unexpired portion of the five-year term. Successors, whether 
20appointed for a five-year term or the unexpired portion of a 
21five-year term, shall be selected from the members of the 
22nonprofit corporation's board of directors.

23Section 176. Section 2336 of the act is repealed:

24[Section 2336. Appointment and Removal of Health Employes.--
25The council of such city shall, in all cases where possible,
26follow the recommendations of said board of health as to
27appointment and removal of all persons having to do with the
28administration of the public health affairs of the city. Such
29appointees shall be required to pass any civil service
30examination required by any civil service commission lawfully

1established in such city.]

2Section 177. Section 2337 of the act is amended to read:

3Section 2337. No Compensation for Members.--The members of
4[such] the board of health under this subdivision shall serve
5without compensation from the city. [This subdivision (c) shall
6be effective only under the circumstances set forth in section
7two thousand three hundred and thirty.]

8Section 178. The act is amended by adding a section to read:

9Section 2338. Applicability of Subdivision.--This
10subdivision (c) shall be effective only under the circumstances
11set forth in section 2330.

12Section 179. Article XXIII subdivision (d) heading of the
13act is amended to read:

14(d) [Penalties] Penalty

15Section 180. Section 2340 of the act is amended to read:

16Section 2340. Penalty.--Any person violating any provision
17of this article or any order or regulation of the board of
18health made under the authority of this article, or of any law, 
19or regulation or ordinance therein referred to or authorized, or
20who shall obstruct or interfere with any person in the execution
21of any order or regulation of [said] the board, or wilfully and
22illegally omit to obey any [such] order[, shall be guilty of] or 
23regulation of the board commits a [misdemeanor, and, upon
24conviction, shall be sentenced to pay a fine not exceeding one
25hundred dollars, or undergo imprisonment not exceeding ninety
26days, or both, at the discretion of the court] summary offense 
27punishable in accordance with sections 1018.16 and 1018.17.

28Section 181. Article XXIV heading of the act is reenacted to
29read:

30ARTICLE XXIV

1CORPORATE POWERS

2Section 182. Section 2401 of the act is repealed:

3[Section 2401. Existing Powers Saved.--The corporate powers
4and the duties of the officers of cities, now in existence by
5virtue of the laws of the Commonwealth, and not repealed by this
6act, shall be and remain as now provided by law.]

7Section 183. Section 2402 of the act is amended to read:

8Section 2402. Powers of [City] Cities.--(a) Each city is
9hereby declared to be a body corporate and politic, and shall
10have perpetual succession, and may:

111. Sue and be sued;

12[2. Purchase and hold real and personal property for the use
13of the city;

143. Lease, sell and convey any real or personal property
15owned by the city, and make such order respecting the same as
16may be conducive to the interests of the city;

174. Make all contracts, and do all other acts in relation to
18the property and affairs of the city necessary to the exercise
19of its corporate or administrative powers;

205] 2. Have and use a corporate seal, and alter the same at
21pleasure. Every such seal shall have upon it the word
22"Pennsylvania," the name of the city, and the year of its
23original incorporation;

24[6] 3. Display the flag of the United States, the
25Commonwealth or of any county, city, borough or other
26municipality in the Commonwealth on the public buildings of the
27city.

28[7. To appropriate] 4. Appropriate money for the exercise
29of powers expressed or implied in this act or any other
30applicable law, and for like uses to accept gifts or grants of

1money, other property or services from public or private
2sources.

3(b) The powers [hereby] granted in this act shall be
4exercised [by the mayor and councilmen] in the manner herein
5provided.

6Section 184. Section 2402.1 of the act, added September 21,
71959 (P.L.922, No.370), is amended to read:

8Section 2402.1. [Sale of Real Estate.--The title to real
9estate sold by any city after June 28, 1947, if the sale was
10authorized by an ordinance or resolution of the city council of
11said city, and not attacked in any proceeding instituted within
12six years of the effective date of this amendment and the title
13to real estate sold after the effective date of this amendment,
14if the sale was authorized by an ordinance or resolution of the
15city council of said city and is not attached in any proceeding
16instituted within six years after date of such sale, is hereby
17declared to be good and valid and free and clear of any defects
18and any such person who is grantee thereunder, and his heirs,
19successors and assigns, shall hold and may convey such real
20estate and all conveyances made after June 28, 1947, are hereby
21ratified and confirmed. Nothing in this section shall be
22construed to apply to property which the city acquired other
23than by purchase.] City Property and Affairs.--(a) In 
24exercising its discretion to make decisions that further the 
25public interest under terms it deems most beneficial to the 
26city, council shall have the power and authority, subject to any 
27restrictions, limitations or exceptions as set forth in this 
28act, to do any of the following:

29(1) Purchase, hold, use and manage real and personal
30property.

1(2) Exchange personal property.

2(3) Lease, sell and convey real and personal property owned
3by the city.

4(4) Make contracts and do all other acts respecting city
5property and affairs as council may deem conducive to the public
6interest and necessary to the exercise of the city's corporate
7and administrative powers.

8(b) No real estate owned by the city may be sold except upon
9approval of council by resolution. Additionally, no real estate
10owned by the city shall be sold for a consideration in excess of
11one thousand five hundred dollars, except to the highest bidder
12after due notice by advertisement for bids or advertisement of a
13public auction in one newspaper of general circulation in the
14city. The advertisement shall be published once not less than
15ten days prior to the date fixed for the opening of bids or
16public auction, and the date for opening bids or public auction
17shall be announced in the advertisement. The award of contracts
18shall be made only by public announcement at a regular or
19special meeting of council or at the public auction. All bids
20shall be accepted on the condition that payment of the purchase
21price in full shall be made within sixty days of the acceptance
22of bids. The city council shall have the authority to reject all
23bids which it deems to be less than the fair market value of the
24real property. In the case of a public auction, the city council
25may establish a minimum bid based on the fair market value of
26the real property. If no compliant bids are received after
27advertisement, the applicable procedures in the act of October
2827, 1979 (P.L.241, No.78), entitled, as amended, "An act
29authorizing political subdivisions, municipality authorities and
30transportation authorities to enter into contracts for the

1purchase of goods and the sale of real and personal property
2where no bids are received," shall be followed. Real estate
3owned by a city may be sold at a consideration of one thousand
4five hundred dollars or less without advertisement or
5competitive bidding only after council estimates the value
6thereof upon receipt of an appraisal by a qualified real estate
7appraiser. This section shall not apply if council is exercising
8its authority to exchange city real property for real property
9of equal or greater value, provided that the property being
10acquired by the city is to be used for municipal purposes. If
11council chooses to exercise its power of real property exchange
12pursuant to this section, it shall be by resolution adopted by
13council. Notice of the resolution, including a description of
14the properties to be exchanged, shall be published once in one
15newspaper of general circulation not more than sixty days nor
16fewer than seven days prior to adoption.

17(c) No city personal property shall be disposed of, by sale
18or otherwise, except upon approval of council by resolution.
19Council shall estimate the sale value of the entire lot to be
20disposed of. If council shall estimate the sale value to be less
21than one thousand dollars, council may sell the property, in
22whole or in part, for the best price or prices obtainable. If
23council shall estimate the sale value to be one thousand dollars
24or more, the entire lot shall be advertised for sale in <-at least 
25one newspaper of general circulation in accordance with the
26provisions of section 109, and sale of the property advertised
27shall be made to the best responsible bidder. The bids shall not
28be opened until at least ten days after the newspaper
29advertisement. The provisions of this subsection shall not be
30mandatory where city personal property is to be traded in or

1exchanged for other personal property. Council may sell any
2personal property at auction pursuant to subsection (d), but
3shall observe the same notice requirements as contained in this
4subsection.

5(d) In regards to the sale of personal property of the city,
6an auction may be conducted by means of an online or electronic
7auction sale. During an electronic auction sale, bids shall be
8accepted electronically at the time and in the manner designated
9in the advertisement pursuant to the notice requirements in
10subsection (c). During the electronic auction, each bidder shall
11have the capability to view the bidder's bid rank or the high
12bid price. Bidders may increase their bid prices during the
13electronic auction. The record of the electronic auction shall
14be accessible for public inspection. The purchase price shall be
15paid by the high bidder immediately or at a reasonable time
16after the conclusion of the electronic auction as determined by
17council. In the event that shipping costs are incurred, they
18shall be paid by the high bidder. A city that has complied with
19the advertising requirements of subsection (c) may provide
20additional public notice of the sale by bids or auction in any
21manner deemed appropriate by council. The newspaper
22advertisement for electronic auction sales authorized in this
23section shall include the Internet address or means of accessing
24the electronic auction and the date, time and duration of the
25electronic auction.

26(e) Any requirement for advertising for bids and sale to the
27highest bidder imposed by this act or by a city pursuant to this
28section shall not apply where city real or personal property is
29sold to the following, provided that when any real property is
30no longer used for the purpose of the conveyance, the real

1property shall revert to the city:

2(1) The Federal Government, the Commonwealth, a
3municipality, home rule municipality, institution district or
4school district.

5(2) A volunteer fire company, volunteer ambulance service or
6volunteer rescue squad located within the city or providing
7emergency services in the city.

8(3) A municipal authority, a housing authority created
9pursuant to the act of May 28, 1937 (P.L.955, No.265), known as
10the "Housing Authorities Law," an urban redevelopment authority
11created pursuant to the act of May 24, 1945 (P.L.991, No.385),
12known as the "Urban Redevelopment Law," a parking authority
13created under 53 Pa.C.S. Ch. 55 (relating to parking
14authorities) or under the former act of June 5, 1947 (P.L.458,
15No.208), known as the "Parking Authority Law," or a port
16authority pursuant to the act of December 6, 1972 (P.L.1392,
17No.298), known as the "Third Class City Port Authority Act."

18(4) A nonprofit corporation engaged in community industrial
19development.

20(5) A nonprofit corporation organized as a public library.

21(6) A nonprofit medical service corporation.

22(7) A nonprofit housing corporation.

23(8) A nonprofit museum or historical organization.

24(f) When real or personal property is sold pursuant to
25subsection (e)(5), (6) or (7), the city may accept such nominal
26consideration as it shall deem appropriate.

27Section 185. Section 2402.2 of the act, amended July 31,
281968 (P.L.943, No.290), is repealed:

29[Section 2402.2. Typewritten, Printed, Photostated and
30Microfilmed Records Valid; Recording or Transcribing Records.--

1All city records, required to be recorded or transcribed, shall
2be deemed valid if typewritten, printed, photostated or
3microfilmed, and where recording in a specified book of record
4is required, except minutes of the proceedings of the council,
5such records may be recorded or transcribed in a mechanical or
6key-operated post binder book, or bound book with pages being
7consecutively numbered by transcribing directly upon the pages
8of such book of record or may be attached to such book of record
9by stapling or by glue or any other adhesive substance or
10material, and all records heretofore recorded or transcribed in
11any manner authorized by this section are validated. The minutes
12of proceedings of the council shall, in the manner prescribed by
13this section for other records, be recorded in a bound book.
14When any record shall be recorded or transcribed after the
15effective date of this amendment by attaching such record or a
16copy thereof to the book of record as hereinabove provided, the
17city seal shall be impressed upon each page to which such record
18is attached, each impression thereof covering both a portion of
19the attached record and a portion of the page of the book of
20record to which such record is attached.]

21Section 186. Section 2403 of the act, amended August 24,
221953 (P.L.1337, No.380), May 20, 1957 (P.L.178, No.86), June 20,
231957 (P.L.346, No.188), June 24, 1959 (P.L.482, No.108), June
2430, 1959 (P.L.496, No.121), May 23, 1961 (P.L.216, No.116), June
2514, 1961 (P.L.370, No.204), June 8, 1965 (P.L.104, No.72),
26December 16, 1965 (P.L.1120, No.434), November 24, 1967
27(P.L.618, No.280), February 24, 1970 (P.L.63, No.27), March 25,
281970 (P.L.225, No.92), July 29, 1971 (P.L.250, No.61), October
294, 1978 (P.L.950, No.188), October 5, 1979 (P.L.195, No.64),
30November 1, 1979 (P.L.455, No.92), December 21, 1998 (P.L.1013,

1No.135) and June 27, 2008 (P.L.196, No.31) and repealed in part
2November 26, 1978 (P.L.1399, No.330), is amended to read:

3Section 2403. [Specific Powers.--In addition to other powers
4granted by this act, the council of each city shall have power,
5by ordinance:

61.] Payment of Debts and Expenses.--[To] Council may provide
7for the payment of the debts and expenses of the city, and to
8appropriate money therefor.

9[1.1. Creation of Capital Reserve Fund for Anticipated
10Capital Expenditures.--To create and maintain a separate capital
11reserve fund for any anticipated legal capital expenditures,
12which fund shall be designated for a specific purpose or
13purposes at the time of its creation. The money in the fund
14shall be used, from time to time, for the construction, purchase
15or replacement of or addition to municipal buildings, equipment,
16machinery, motor vehicles or other capital assets of the city as
17specified at the time of the creation of the fund and for no
18other purpose: Provided, That it may be used for capital
19expenditure other than the purpose or purposes specified at the
20time it was created, if city council by a four-fifths vote shall
21declare that the original purpose or purposes have become
22impracticable, inadvisable or impossible, or that conditions
23have arisen in the city which make other capital expenditures
24more urgent than those for which the fund was created.

25The council may appropriate moneys from the general city
26funds to be paid into the capital reserve fund, or place in the
27fund any moneys received from the sale, lease or other
28disposition of any city property or from any other source unless
29received or acquired for a particular purpose. The fund shall be
30controlled, invested, reinvested and administered and the moneys

1therein and income from such moneys expended for the specific
2purpose or purposes for which the fund is created in such manner
3as may be determined by the council. The money in the fund, when
4invested, shall be invested in securities designated by law as
5legal investments for sinking funds of municipalities.

62. Hiring of Employes; Salaries.--To provide for and
7regulate the manner of hiring and discharging employes and
8laborers, and the fixing of their salaries or compensation.

93. Creation of Necessary Offices, Boards or Departments.--To
10create any office, public board, or department which it may deem
11necessary for the good government and interests of the city,
12and, unless otherwise provided by this act, appoint the members
13of any board, bureau or commission; to prescribe the powers
14thereof, and to regulate and prescribe the terms, duties and
15compensation of all such officers, and of all officers who are
16members of any public board or any department so created, but no
17ordinance shall be passed increasing or diminishing the salary
18or compensation of any officer, or of any member of any board,
19bureau or commission, after his or their appointment. The
20provisions of this clause as to the creation of any public
21board, bureau or commission, and prescribing the duties thereof,
22shall not apply to the creation of any board of commissioners of
23water-works of any city wherein the title to the water-works
24therein located is in the name of the commissioners of water-
25works.

264. Lock-ups and Police Stations.--To provide for the
27erection, lease or purchase of lock-ups and police stations for
28the detention and confinement of persons arrested for any cause,
29or of persons convicted under city ordinances and sentenced for
30periods not in excess of ten days.

15. Market Houses and Milk Depots.--To purchase, lease and
2own ground for, and to erect, maintain, and establish, market
3houses, milk depots, and market places, for which latter purpose
4parts of any streets, sidewalks or city property may be
5temporarily used; to provide and enforce suitable general market
6regulations; to contract with any person or persons or
7association of persons, companies, or corporations, for the
8erection and regulation of market houses, milk depots, and
9market places, on such terms and conditions and in such manner
10as the council may prescribe; to raise all necessary revenue
11therefor as herein provided; and to levy and collect a license
12tax from every person or persons who may be authorized by
13council to occupy any portion of the streets, sidewalks or city
14property for temporary market purposes.

156. Collection and Removal of Garbage.--To provide for and
16regulate the collection, removal and disposal of garbage, ashes
17and other waste or refuse material, either by contract or by
18municipal conduct of such services, and to impose and collect,
19by lien or otherwise, reasonable fees and charges therefor, and
20to prescribe fines and penalties for the violation of ordinances
21regulating such matters.

227. Comfort and Waiting Stations and Drinking Fountains;
23Waiting Rooms in Court Houses.--To take, purchase or acquire,
24property for the purpose of erecting, providing, maintaining,
25and operating thereon comfort stations, waiting stations and
26drinking fountains; and to construct and maintain such stations
27and fountains on such property or in any of the streets or
28public places within its corporate limits; to provide and equip
29and maintain in the court house, in cooperation with the county
30commissioners of the county wherein the city is situated,

1whenever such city is the county seat, rest or waiting rooms and
2provide attendants therefor. The cost of providing such waiting
3and rest rooms, and of maintaining the same, including salaries
4and all incidental expenses, shall be paid by the county, and by
5the city, in such proportion as may be agreed upon.

68. Running at Large of Animals, Et Cetera.--To provide for
7the erection of all needful pens, pounds, and other means of
8confinement, within or without the city limits; to appoint
9keepers thereof; and to regulate or prohibit the running or
10being at large of stock and domestic animals, and fowls; and to
11cause such as may be at large to be impounded and sold to
12discharge the costs and penalties provided for the violations of
13such prohibitions and the expenses of impounding and of keeping
14the same and of such sale. To regulate the maintaining and care
15of dogs within the city. To regulate or prohibit the keeping of
16bee hives within the city.

179. Destruction of Dogs.--To destroy dogs found at large
18contrary to the laws of the Commonwealth, or to prohibit or
19regulate, by its own ordinance, the running at large of dogs,
20cats or other animals, and, in the enforcement of such
21regulations, to direct the killing of dogs, cats or other
22animals, or their seizure and detention, including reasonable
23charges therefor, or to provide for their sale for the benefit
24of the city. The powers herein expressed shall be exercised in
25conformity with the Dog Law of 1921.

2610. Inspection and Regulation of Fireplaces, Chimneys, Et
27Cetera; Smoke Regulations.--To regulate the construction and
28inspection of fireplaces, chimneys, stoves, stovepipes, ovens,
29boilers, kettles, forges, or any apparatus used in any building,
30manufactory, or business, and to order the suppression or

1cleaning thereof when deemed necessary; to regulate and control
2the production and emission of unnecessary smoke or fly-ash from
3any chimney or other source, except railroad locomotives.

411. Manufacture, Sale, Storage and Transportation of
5Explosives; Offensive Business.--To regulate or prohibit the
6manufacture, sale, storage, or transportation of inflammable or
7explosive substances within the city, and to regulate or
8prohibit dangerous, obnoxious, or offensive business with the
9city.

1012. Regulation of Division Fences, Party Walls,
11Foundations.--To provide regulations for party walls and
12division fences and for the foundations of buildings, to enter
13upon the land or lands, lot or lots, of any person or persons,
14within the city, at all reasonable hours, by its duly appointed
15city engineer, or building inspectors, in order to enforce such
16regulations and set out foundations; and to prescribe reasonable
17fees for the service of city officers in the inspection and
18regulation of party walls, division fences and foundations, and
19to enforce the payment of the same. To provide fines or
20penalties for violations of such regulations. In setting out
21foundations and regulating party walls as to breadth and
22thickness, the city shall cause the foundations to be laid
23equally upon the lands of the persons between whom the party
24wall is to be made, and the builder thereof or his successor in
25interest shall be reimbursed one moiety of the charge of said
26wall or for so much thereof as the next builder shall have
27occasion to make use of before such next builder shall or may
28use or break into said wall.

2913. Public Wells, Cisterns, Aqueducts, and Reservoirs.--To
30establish, make, and regulate public wells, cisterns, aqueducts,

1and reservoirs, and to provide for filling the same.

214. Construction of Levees and Ferries; Deepening of
3Channels.--Subject to the provisions of State law, to provide
4for the construction and maintenance of levees and ferries
5within the jurisdiction of the city and within the limits
6thereof; to erect wharves on navigable waters adjacent to the
7city, regulate the use thereof, collect wharfage, and establish
8wharf and dock lines; to provide for protection against floods;
9to construct and maintain docks, retaining walls, dams, or
10embankments; and to remove obstructions from, deepen and widen
11the channels of rivers and streams flowing through or adjacent
12to the city.

1315. Railroad Crossing; Flagmen; Speed of Locomotives.--
14Subject to the provisions of the Public Utility Law, to provide
15for and require the construction and maintenance of bridges or
16other crossings over or under railroad tracks; and to enter into
17contracts with railroad companies for the construction and
18maintenance of the same; to require the erection of safety-gates
19and the placing of flagmen or warning devices at the
20intersection of railroads with streets; to forbid the
21obstruction of the said crossings by locomotives or railroad
22cars; and to regulate the rate of speed at which locomotives,
23cars or trains shall pass upon or across the streets within the
24built-up portions of the city.

2515.1. Railroad Companies; Conveyances and Grants of Rights
26of Way.--Subject to the provisions of the Public Utility Law, to
27lease, license or grant rights of way to railroad companies
28through tunnels or over bridges and viaducts, to enter into
29agreements with railroad companies for the maintenance of any
30such tunnels, bridges or viaducts, and to convey such tunnels,

1bridges or viaducts to railroad companies that have paid in part
2for their construction, where legal title to said tunnels,
3bridges or viaducts is not vested in the city but will vest in
4the city by operation of law or under the terms of any contract.

516. Nuisances and Obstructions.--To prohibit nuisances,
6including, but not limited to, accumulations of garbage and
7rubbish and the storage of abandoned or junked automobiles or
8other vehicles on private or public property, and the carrying
9on of any offensive manufacture or business, and to require the
10removal of any nuisance or dangerous structure from public or
11private places upon notice to the owner, and, upon his default,
12to cause such removal and collect the cost thereof, together
13with a penalty of ten per centum of such cost, from the owner,
14by an action in assumpsit. The cost of removal and the penalty
15may be entered as a lien against such property in accordance
16with existing provisions of law. In the exercise of the powers
17herein conferred, the city may institute proceedings in courts
18of equity.

1917. Regulation of Signs, Porches, Et Cetera.--To regulate,
20by uniform rules and regulations, porches, porticoes, benches,
21doorsteps, railings, bulk, bay or jut windows, areas, cellar
22doors and cellar windows, signs and sign posts, boards, poles or
23frames, awnings, awning posts, or other devices or things,
24projecting over, under, into or otherwise occupying the
25sidewalks or other portion of any of the streets, the building
26of cellars and basement ways and other excavations through or
27under the sidewalks, and boxes, bales, barrels, hogsheads,
28crates, or articles of merchandise, lumber, coal, wood, ashes,
29building materials, or any other article or thing whatsoever,
30placed in or upon any of the said sidewalks or other portion of

1said streets; and also to prevent and require or cause the
2removal of, upon notice, all encroachments thereon. In the
3exercise of the powers herein conferred, the city shall have the
4same remedies, penalties and procedures as are expressed in
5clause 16 of this article.

618. Trees.--To regulate the planting, trimming, care and
7protection of shade trees in or extending over the streets.

819. Numbering of Buildings.--To require and regulate the
9numbering of buildings and lots.

1020. Cab-stands.--To establish stands for coaches, cabs,
11omnibuses, carriages, wagons, automobiles, and other vehicles
12for hire, and to enforce the observance and use thereof.

1321. Police Force.--To establish and maintain a police force,
14and define the duties of the same.

1522. Police Protection, Et Cetera, Parks, Et Cetera;
16Commitment of Professional Thieves.--To establish and enforce
17suitable police regulations for the protection of persons and
18property at public squares, parks, depots, depot grounds, and
19other places of public resort, owned, controlled or managed by
20the city or an agency or bureau thereof, whether within or
21without the city, in whole or in part, and for the arrest and
22commitment of professional thieves, and suspicious persons found
23in any part of the city who can give no reasonable account of
24themselves. The mayor or any alderman of the city shall have
25jurisdiction to hear and determine violations of such ordinances
26and to impose any judgment or penalty therefor as provided in
27such ordinances.

2823. Rewards for Apprehension of Certain Criminals.--To offer
29rewards for the arrest and conviction of persons guilty of
30capital or other crimes within the city.

124. Gaming, Prostitution, Et Cetera.--To restrain, prohibit,
2and suppress houses of prostitution, gambling houses, gaming,
3cock or dog fighting, and other disorderly or unlawful
4establishments or practices, desecration of the Sabbath day,
5commonly called Sunday, and all kinds of public indecencies.

625. Prevent Riots.--To prevent and restrain riots, noises,
7disturbances, or disorderly assemblies in any street, house, or
8place in the city.

926. Regulate Guns, Et Cetera.--To regulate, prohibit, and
10prevent the discharge of guns, rockets, powder, or any other
11dangerous instrument or combustible material within the city,
12and to prevent the carrying of concealed deadly weapons.

1327. Sale and Use of Fireworks.--To regulate or prohibit and
14prevent the sale, use and discharge of fireworks, firecrackers,
15sparklers, and other pyrotechnics.

1628. Arrest of Vagrants.--To arrest, fine, or set at work on
17the streets, or elsewhere, all vagrants found in said city.

1829. Racing; Dangerous Practices; Et Cetera.--To prevent the
19racing of horses, cars and other vehicles, fast driving or
20riding in the streets or public places in the city, and all
21games, practices, or amusements, therein likely to result in
22danger or damages to any person or property.

2330. Riding or Driving on Sidewalks.--To prevent or regulate
24the riding or driving of animals, or the passage of any vehicle
25over, along and across sidewalks, and to regulate the passing of
26the same through the streets.

2731. Regulations of Skating-Rinks, Theatres, Et Cetera.--
28Subject to the provisions of general laws of the Commonwealth
29regarding the same, to regulate all skating-rinks, operas,
30theatres, concerts, shows, circuses, menageries, and all kinds

1of public exhibitions for pay (except those for religious,
2educational or charitable purposes); and to restrain and
3prohibit, under fines or penalties, all exhibitions of indecent
4or immoral character.

532. Bathing; Boat Houses and Bath Houses.--To regulate the
6time and place of bathing in rivers and other public water in
7and adjoining the said city, and to construct, maintain and
8manage municipal boat houses and bath houses.

933. Prohibition of Fire Producing Devices in Certain Retail
10Stores.--To prohibit the smoking or carrying of lighted
11cigarettes, cigars, pipes or matches, and the use of matches or
12fire producing devices, in retail stores arranged to accommodate
13one hundred persons or more, or which employ ten or more
14employes: Provided, That any such ordinance passed under this
15provision shall not prohibit smoking in any restaurant room,
16rest room, beauty parlor, executive office, or any room
17designated for smoking in such store. To provide penalties for
18the violation of such ordinances.

1934. Appropriations to Post of Veterans.--To appropriate
20annually to each camp of the United States War Veterans in the
21city, and to each post of the American Legion, and to each post
22of the Veterans of Foreign Wars, and to each post of the
23Veterans of World War I of the U. S. A., Inc., and to each post
24of the American Veterans of World War II (AMVETS), to each post
25of the Catholic War Veterans, Inc., and to each detachment of
26the Marine Corps League, and to each Naval Association, and to
27each post of the Grand Army of the Republic, and to each post of
28the Disabled American Veterans of the World War, and to each
29chapter of the Military Order of the Purple Heart, and to each
30post of the Jewish War Veterans, and to each organization of

1American Gold Star Mothers, and to each post of the Italian
2American War Veterans of the United States, Incorporated, and to
3any other such organization of ex-service persons in the city,
4incorporated under the laws of the Commonwealth, a sum not to
5exceed three hundred dollars, to aid in defraying the expenses
6of Memorial Day and Armistice Day. Where the Grand Army of the
7Republic has ceased to exist or to function, such appropriation
8may be made to the Sons of Union Veterans of the Civil War, or,
9in the absence of such order, to a duly constituted organization
10which conducts the decorating of the graves of Union veterans of
11the Civil War. Such payments shall be made to defray actual
12expenses only. Before any payment is made, the organization
13receiving the same shall submit verified accounts of their
14expenditures.

1535. Support of National Guard Units.--To appropriate
16annually a sum not exceeding seven hundred and fifty dollars for
17the support and maintenance, discipline and training of any
18dismounted company or similar unit of the National Guard, and a
19sum not to exceed fifteen hundred dollars for the support and
20maintenance of any mounted or motorized troop or similar unit of
21the National Guard. Where such units are organized as a
22battalion, regiment or similar organization, the total amount
23due may be paid to the commanding officer of the battalion,
24regiment or similar organization. Any moneys so appropriated
25shall be paid by warrant drawn to the order of the commanding
26officer of such company, battalion, regiment or similar
27organization, only when it shall be certified to the city, by
28the Adjutant General of the Commonwealth, that the said company
29or companies have satisfactorily passed the annual inspection
30provided by law. The moneys so appropriated shall be used and

1expended solely and exclusively for the support and maintenance,
2discipline and training of the said company, battalion,
3regiment, or similar organization; and the commanding officer
4shall account, by proper vouchers to the said city each year,
5for the expenditure of the money so appropriated, and no
6appropriation shall be made for any subsequent year until the
7expenditure of the previous year is duly and satisfactorily
8accounted for.

9The accounts of such expenditures shall be subject to the
10inspection of the Department of Military Affairs, and shall be
11audited by the city controller in the manner provided by this
12act for the audit of accounts of city moneys.

1336. Appropriation of Money, Et Cetera, to Assist in Erection
14of Armories.--To appropriate money or convey land, either
15independently or in conjunction with any other political
16subdivision, to the Commonwealth, for the purpose of assisting
17the Armory Board of the State of Pennsylvania in the erection of
18armories for the use of the National Guard, and to furnish
19water, sewer services, light, or fuel free of cost to the
20Commonwealth for use in any armory of the National Guard; and to
21do all things necessary to accomplish the purpose of this
22clause.

2337. Eminent Domain for National Guard Purposes.--To take, by
24right of eminent domain, for the purpose of appropriating to
25itself for the use of the National Guard of Pennsylvania, such
26public lands, easments, and public property as may be in its
27possession or control and used or held by it for any other
28purpose. Such right, however, shall not be exercised as to any
29street or wharf.

3038. Lands for Armory Purposes.--To acquire, by purchase or

1by gift, or by the right of eminent domain, any land for the use
2of the National Guard of Pennsylvania; and to convey such lands
3so acquired to the Commonwealth in order to assist the Armory
4Board in the erection of armories. The power conferred by this
5clause shall not be exercised to take any church property,
6grave-yard, or cemetery. Lands within three miles outside the
7limits of the city may be acquired in like manner for the use of
8the National Guard.

939. Purchase of Burial Grounds for Deceased Service
10Persons.--To appropriate money for and purchase plots of ground
11in any cemetery or burial ground, within their respective
12limits, for the interment of such deceased service persons as
13shall hereafter die within such city, or shall die beyond such
14city and shall have a legal residence within such city at the
15time of their death, and whose bodies are entitled to be buried
16by the county under the provisions of existing laws.

1740. Payment of Rent for Veterans' Organizations.--By a two-
18third vote of the council, to appropriate money to any
19incorporated organization of veterans of any war in which the
20United States was engaged, to be used in the payment of the rent
21of any building or rooms in which such organization has its
22regular meetings.

2341. Rooms for Meetings of Veterans.--To furnish, upon
24application, to each organization composed of veterans of the
25Civil War, veterans of the Spanish American War, veterans of the
26World War or World War II, veterans of any foreign war, and
27children of veterans, a room or rooms in any public building of
28such city, sufficient for the meeting of each of such
29organizations at least once each month.

3042. Care of Memorials.--To take charge of, care for,

1maintain, and keep in good order and repair, at the expense of
2the city, any soldiers' monument, gun or carriage, or similar
3memorial, situate in the city, and not in the charge or care of
4any person, body, or organization, and not put up or placed by
5the Government of the United States, the Commonwealth of
6Pennsylvania, the commissioners of the county, or by the
7direction or authority of any other state of the Union, and to
8receive from any person or organization any moneys or funds
9which can be used for the benefit of such memorials, and to
10expend the same.

1143. Manufacture and Sale of Ice.--To manufacture ice, and to
12sell the same to the inhabitants of the city at such rates as
13shall be fixed by ordinance, and to erect, equip, and maintain
14such buildings and other structures, and purchase or hire and
15maintain such vehicles, as may be deemed necessary for such
16purpose.

1744. Inspection of Milk.--To provide for the inspection of
18milk sold or consumed within the city and milk depots, and
19dairies which offer milk or milk products for retail sale within
20the city, under such rules and regulations as will protect the
21people from adulteration and dilution of the same.

2245. Municipal Music.--To appropriate money to defray the
23expenses of musical entertainments held under the auspices of
24the city, and for the purpose of having music in any public park
25or place.

2646. Regulation and Licensing of Auction Sales.--To regulate
27and license sales of merchandise at public auction, other than
28judicial sales, sales by executors or administrators, or sales
29by or in behalf of licensed pawnbrokers of unredeemed pledges in
30the manner provided by law.

147. Aid to Historical Societies.--To make annual
2appropriations not exceeding one thousand dollars for the
3support and maintenance of the principal historical society
4located therein, which shall be incorporated under the laws of
5the Commonwealth, shall maintain permanent quarters and shall
6keep the same open to the public, shall have a membership of at
7least one hundred persons who have paid into the treasury of the
8society a membership fee of at least two dollars for the support
9of the society, shall hold, annually, at least two regular
10meetings that shall be open to the public, and shall at all
11times maintain facilities for the free storage, deposit, and
12inspection of official documents and records of the city, and
13other proper public or historical archives and records.

1448. Establishment of Institutions to Collect Educational
15Collections.--To establish institutions authorized to collect
16and hold certain scientific, educational and economic
17collections, the object of each being the instruction of the
18public concerning commerce, manufacturing, mining, and
19agriculture; said institutions to have power to purchase or
20accept by gift any real estate, money, or personal property
21necessary for their use and promotion, and power to use, convey,
22or transfer the same, as if they were bodies corporate, to be
23governed by boards of trustees, nominated, appointed, and
24confirmed in such manner as council may determine.

2549. Sprinkling of Streets.--To cause any street, or part
26thereof, not less than one block, to be sprinkled with water or,
27if such street is paved, to be cleaned during such time as it
28may be necessary, at the expense of the owners of property
29abutting upon the same. Upon the petition of the owners of such
30property, who shall represent a majority of the feet front on

1the street or part thereof, it shall be the duty of council to
2cause such sprinkling or cleaning to be done at the expense of
3the owners of property abutting thereon. Council may cause such
4sprinkling to be done with the water of the city, when water
5works are owned or operated by the city, and the sprinkling
6carts and apparatus owned by the city, or may contract for the
7use of said carts and apparatus with the lowest responsible
8bidder.

950. Electric Wires may be Placed Underground in Certain
10Districts.--To define a reasonable district within which all
11electric light wires, telephone and telegraph wires shall be
12placed under ground in conduits owned and constructed either by
13the municipality or by corporations owning such wires, or by
14corporations organized for the purpose of laying such conduits
15and renting space therein. In all cases in which such conduits
16are owned by any private corporation, partnership, or
17individual, there shall be reserved to the city, whether
18expressed in the ordinance or not, the right to regulate, by
19ordinance, the manner in which such conduit shall be used, and
20the terms and conditions of such use, and also the right to take
21such conduits, either by purchase, upon agreement of the owners
22thereof and the city, or by condemnation proceedings; in which
23latter case the proceedings for the assessment of damages shall
24be the same as provided in this act for property taken, injured
25or destroyed.

26The court of quarter sessions upon the appeal of any person
27may review any ordinance passed in pursuance of this clause, and
28may annul such ordinance if deemed unreasonable, capricious or
29arbitrary, such appeal to be taken within thirty days from the
30approval of such ordinance.

151. Ambulances and Service; Maintenance.--To acquire, by
2purchase, gift or bequest, or to operate and maintain ambulances
3or ambulance service for the purposes of conveying sick and
4injured persons in the city and the vicinity to and from
5hospitals, or in lieu thereof, to hire a private ambulance
6service, and, for such purposes, to appropriate and expend
7moneys of the city; or to appropriate money annually toward a
8nonprofit community ambulance service. All appropriations of
9money heretofore made and contracts for hire of private
10ambulance service heretofore entered into by any city are hereby
11validated and confirmed.

1252. Weighing and Measuring of Commodities.--To regulate the
13weighing and measuring of every commodity sold in the city, in
14all cases not otherwise provided for by law, including the
15measuring of gas, water, and electric currents; to provide for
16and regulate the inspection and weighing of hay, grain, and
17coal, and the measuring of wood, bark, and fuel, to be used in
18the city, and to designate the place or places of inspecting and
19weighing the same; to regulate and prescribe the place or places
20for exposing for sale hay, coal, bark and wood; to demand and
21receive reasonable fees for such inspection, weighing and
22measuring; for the regulation and stamping of weights and
23measures; and the regulation and inspection of meters, except as
24otherwise provided by law.

2553. Insurance.--To make contracts of insurance with any
26mutual or other fire insurance company, association or exchange,
27duly authorized by law to transact insurance business in the
28Commonwealth of Pennsylvania, on any building or property owned
29by the city.

30To make contracts of insurance with any insurance company, or

1nonprofit hospitalization corporation, or nonprofit medical
2service corporation, authorized to transact insurance business
3within the Commonwealth, insuring its elected or appointed
4officers, officials and employes, or any class or classes
5thereof, or their dependents, under a policy or policies of
6group insurance covering life, health, hospitalization, medical
7service, or accident insurance, and to contract with any such
8company granting annuities or pensions for the pensioning of
9such persons; and, for such purposes, to agree to pay part or
10all of the premiums or charges for carrying such contracts, and
11to appropriate out of its treasury any money necessary to pay
12such premiums or charges, or portions thereof. All contracts
13procured hereunder shall conform and be subject to all the
14provisions of any existing or future laws concerning group
15insurance and group annuity contracts. The proper officer,
16agency, board or commission of the city having authority to
17enter into such contracts of insurance is hereby authorized,
18enabled and permitted to deduct from the officer's or employe's
19pay, salary or compensation, such part of the premium as is
20payable by the officer or employe and as may be so authorized by
21the officer or employe in writing.

2254. Parking Lots.--To acquire by lease, purchase, or
23condemnation proceedings, any land which in the judgment of city
24council may be necessary and desirable for the purpose of
25establishing and maintaining lots for the parking of motor
26vehicles, and for no other use or purpose, and to regulate the
27use thereof and to establish or designate, at the discretion of
28council, areas exclusively reserved for parking by handicapped
29individuals and to post signs regulating such areas.

3055. Disorderly Conduct.--To define disorderly conduct within

1the limits of the city and to provide for the imposition of
2penalties for such conduct in such amounts, without limitation
3except as in this act provided, as council shall establish, and
4notwithstanding any statutes of the Commonwealth upon disorderly
5conduct and the penalties therefor.

656. Official Expenses on City Business.--To make
7appropriations for the reasonable expenses of city officials
8actually incurred in the conduct of city business.

957. Insurance Against Burglary, Etc.--To insure against
10burglary or theft of city property, or against fire and other
11calamities, and against public liability.

1258. To Provide Against Hazards of War.--To build or
13establish bomb shelters or assist in so doing to provide against
14all hazards of war and their consequences; and for all such
15purposes, to have the power of eminent domain, to cooperate with
16any other unit and agency of government, Federal, State, or
17local, in every lawful way, for purposes of defense and against
18the hazards of war.

1959. Municipality Authorities; Cooperation with Other
20Political Subdivisions.--To form municipality authorities as
21authorized by law. To cooperate with other political
22subdivisions in the conduct of city affairs as authorized by
23law.

2460. Local Self-Government.--In addition to the powers and
25authority vested in each city by the provisions of this act, to
26make and adopt all such ordinances, by-laws, rules and
27regulations, not inconsistent with or restrained by the
28Constitution and laws of this Commonwealth, as may be expedient
29or necessary for the proper management, care and control of the
30city and its finances, and the maintenance of the peace, good

1government, safety and welfare of the city, and its trade,
2commerce and manufactures; and also all such ordinances, by-
3laws, rules and regulations as may be necessary in and to the
4exercise of the powers and authority of local self-government in
5all municipal affairs; and the said ordinances, by-laws, rules
6and regulations to alter, modify, and repeal at pleasure; and to
7enforce all ordinances inflicting penalties upon inhabitants or
8other persons for violations thereof, and impose penalties in
9accordance with section 4131.1: Provided, however, That no
10ordinance, by-law, rule or regulation shall be made or passed
11which contravenes or violates any of the provisions of the
12Constitution of the United States or of this Commonwealth, or of
13any act of Assembly heretofore or that may be hereafter passed
14and in force in said city.

1561. Historical Property.--To acquire by purchase or by gift,
16and to repair, supervise, operate and maintain ancient landmarks
17and other property of historical or antiquarian interest, which
18is either listed in the Catalogue of Historical Sites and
19Buildings in Pennsylvania issued by the Joint State Government
20Commission, or approved for acquisition by the Pennsylvania
21Historical and Museum Commission as having historical
22significance.

2362. Appropriations for Handling, Storage and Distribution of
24Surplus Foods.--The council of any city to which this act
25applies may appropriate from city funds moneys for the handling,
26storage and distribution of surplus foods obtained either
27through a local, State or Federal agency.

28All appropriations of moneys heretofore made by the council
29of any city for the handling, storage and distribution of
30surplus foods obtained, either through a local, State or Federal

1agency, are hereby validated.

263. Junk Dealers and Junk Yards.--To regulate and license
3junk dealers and the establishment and maintenance of junk yards
4and scrap yards including, but not limited to, automobile junk
5or grave yards.

664. Appropriations for Industrial Promotions.--To make
7appropriations to an industrial development agency as defined in
8section 3, act of May 31, 1956 (P.L.1911), known as the
9"Industrial Development Assistance Law," when the city is
10located within the area for which the agency has been authorized
11to make application to and receive grants from the Department of
12Commerce for the purposes specified in the "Industrial
13Development Assistance Law."

1465. Non-debt Revenue Bonds.--To issue non-debt revenue bonds
15pursuant to provisions of the act of June 25, 1941 (P.L.159),
16known as the "Municipal Borrowing Law," and its amendments, to
17provide sufficient moneys for and toward the acquisition,
18construction, reconstruction, extension or improvement of
19municipal facilities, including water systems or facilities,
20sewers, sewer systems and sewage disposal systems or facilities,
21systems for the treatment or disposal of garbage and refuse,
22buildings, machinery and apparatus for manufacturing and
23distributing electric, gas or light, aeronautical facilities
24including but not limited to airports, terminals and hangars,
25park and recreational facilities, parking lots and public
26auditoriums to be secured solely by the pledge of the whole or
27part of the rent, toll or charge for the use or services of such
28facilities. Included in the cost of the issue may be any costs
29and expenses incident to constructing and financing the
30facilities and selling and distributing the bonds.

166. Appropriations for Urban Common Carrier Mass
2Transportation.--To appropriate funds for urban common carrier
3mass transportation purposes from current revenues and to make
4annual contributions to county departments of transportation or
5to urban common carrier mass transportation authorities to
6assist the departments or the authorities to meet costs of
7operation, maintenance, capital improvements, and debt service,
8and to enter into long-term agreements providing for the payment
9of the said contributions.

1067. Adoption and Amendment of Codes by Reference.--To
11incorporate by reference the provisions of any code or portions
12of any code, or any amendment thereof, properly identified as to
13date and source, without setting forth in full the provisions to
14be adopted: Provided, however, That no portion of any code which
15limits the work to be performed to any type of construction
16contractor, or labor or mechanic classification shall be
17adopted. Not less than three copies of such code, portion, or
18amendment which is incorporated or adopted by reference, shall
19be filed with the clerk of the city and kept with the city
20ordinance book, and available for public use, inspection and
21examination. The filing requirements herein prescribed shall not
22be deemed to be complied with unless the required copies of such
23codes, portion, or amendment or public record are filed with the
24clerk of such city at least ten days before council considers
25the proposed ordinance.

26Any ordinance adopted by reference to any code shall be
27enacted within sixty days after it is filed with the clerk of
28the city, and shall only encompass the provisions of the code
29effective as of the code date stated in the ordinance. Any
30subsequent changes in the code shall be adopted by the city

1before they may become effective as an ordinance of the city.

2Any city that has adopted any code by reference may adopt
3subsequent ordinances which incorporate by reference any
4subsequent changes thereof, properly identified as to date and
5source, as may be adopted by the agency or association which
6promulgated the code.

7Any ordinances which incorporate code amendments by reference
8shall become effective after the same procedure and in the same
9manner as is herein specified for original adoption of any such
10code.

1168. Appropriation for Nonprofit Art Corporation.--To
12appropriate moneys annually, not exceeding an amount equal to
13one mill of the real estate tax to any nonprofit art corporation
14for the conduct of its artistic and cultural activities. For the
15purposes of this section nonprofit art corporation shall mean a
16local arts council, commission or coordinating agency, or any
17other nonprofit corporation engaged in the production or display
18of works of art, including the visual, written or performing
19arts. Artistic and cultural activities shall include the display
20or production of theater, music, dance, painting, architecture,
21sculpture, arts and crafts, photography, film, graphic arts and
22design and creative writing.

2369. Emergency Services.--(a) The city shall be responsible
24for ensuring that fire and emergency medical services are
25provided within the city by the means and to the extent
26determined by the city, including the appropriate financial and
27administrative 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 187. The act is amended by adding sections to read:

7Section 2404. Creation of Capital and Operating Reserve
8Funds.--(a) Council may create and maintain a separate capital
9reserve fund for any anticipated capital expenses, which fund
10shall be designated for a specific purpose or purposes when
11created. The moneys in the fund shall be used for no other
12purpose unless the council declares that conditions in the city
13make other expenses more urgent than those for which the fund
14was created. Council may appropriate moneys from the general
15city funds to be paid into the capital reserve fund or place in
16the fund any moneys received from the sale, lease or other
17disposition of any city property or from any other source.

18(b) With regard to an operating reserve fund the following
19shall apply:

20(1) Council shall have the power to create and maintain a
21separate operating reserve fund in order to:

22(i) minimize future revenue shortfalls and deficits;

23(ii) provide greater continuity and predictability in the
24funding of vital government services;

25(iii) minimize the need to increase taxes to balance the
26budget in times of fiscal distress; and

27(iv) provide the capacity to undertake long-range financial
28planning and to develop fiscal resources to meet long-term
29needs.

30(2) Council may annually make appropriations from the

1general city fund to the operating reserve fund, but no
2appropriation shall be made to the operating reserve fund if the
3effect of the appropriation would cause the fund to exceed <-five
<-4twenty-five per centum of the estimated revenues of the city's
5general fund in the current fiscal year.

6(3) Council may at any time by resolution make
7appropriations from the operating reserve fund for the following
8purposes only:

9(i) to meet emergencies involving the health, safety or
10welfare of the residents of the city;

11(ii) to counterbalance potential budget deficits resulting
12from shortfalls in anticipated revenues or program receipts from
13whatever source; <-or

<-14(iii) to counterbalance potential budget deficits resulting
15from increases in anticipated costs for goods or services; or

<-16(iii) <-(iv) to provide for anticipated operating expenditures
17related either to the planned growth of existing projects or
18programs or to the establishment of new projects or programs if,
19for each such project or program, appropriations have been made
20and allocated to a separate restricted account established
21within the operating reserve fund.

22(c) The operating reserve fund shall be invested, reinvested
23and administered in a manner consistent with the provisions of
24this act relating to the investment of city funds generally.

25Section 2405. Hiring of Employes; Salaries.--Council may
26provide for and regulate the manner of hiring and discharging
27employes and the fixing of their salaries or compensation,
28consistent with applicable Federal and State law.

29Section 2406. Creation of Necessary Offices or Boards.--In
30addition to the city departments established in accordance with

1Article XI, council may create any city office, or public board,
2bureau or commission, which it may deem necessary for the good
3government and interests of the city, and, with regard to an
4office or membership on a board, bureau or commission, unless
5otherwise provided by this act, council may make appointments
6thereto and regulate and prescribe the terms, duties and
7compensation thereof.

8Section 2407. Lockups.--(a) Council may provide for lockup
9facilities as deemed necessary for the detention and confinement
10of persons.

11(b) No city shall erect or construct a city jail or lockup,
12or use any existing building or lockup for the first time that
13will be or is located within five hundred feet of any public
14school building.

15Section 2408. Market Places.--Council may:

16(1) Purchase, lease and own ground for market places.

17(2) Erect, maintain, and establish market places.

18(3) Provide for and enforce suitable general market
19regulations.

20(4) Contract with any person or persons or association of
21persons, companies or corporations for the erection and
22regulation of market places, on such terms and conditions and in
23such manner as council may prescribe.

24(5) Levy and collect a license fee from every person or
25persons who may be authorized by council to occupy any portion
26of the streets, sidewalks or city property for temporary market
27purposes.

28Section 2409. Accumulation of Ashes, Garbage, Solid Waste
29and Refuse Materials.--(a) Council in the manner authorized by
30the act of July 7, 1980 (P.L.380, No.97), known as the "Solid

1Waste Management Act," and the act of July 28, 1988 (P.L.556,
2No.101), known as the "Municipal Waste Planning, Recycling and
3Waste Reduction Act," may prohibit accumulations of ashes,
4garbage, solid waste and other refuse materials upon private
5property, including the imposition and collection of reasonable
6fees and charges for the collection, removal and disposal
7thereof.

8(b) Council may collect and remove, by contract or
9otherwise, ashes, garbage, solid waste and other refuse
10materials and recyclables and prescribe penalties for the
11enforcement thereof. Any contract with refuse haulers may be
12made for an initial period not exceeding five years with
13optional renewal periods of up to five years. This limitation
14does not apply to contracts with any other county or municipal
15corporation.

16(c) Council may dispose of, by contract or otherwise, ashes,
17garbage, solid waste or other refuse materials. Any contract
18with the owner of a private facility for the disposal or
19incineration of ashes, garbage, solid waste or other refuse
20materials may be made for a period not exceeding twenty years.
21This limitation does not apply to contracts with any county or
22municipal corporation.

23(d) Council may acquire any real property and erect,
24maintain, improve, operate and lease, either as lessor or
25lessee, facilities for incineration, landfill or other methods
26of disposal, either inside or outside the limits of the city,
27including equipment, either separately or jointly, with any
28county or municipal corporation in order to provide for the
29destruction, collection, removal and disposal of ashes, garbage,
30solid waste or other refuse materials, for the collection and

1storage of recyclable materials or for the composting of leaf
2and yard waste. Council may provide for the payment of the cost
3thereof out of the funds of the city. Council may acquire land
4for landfill purposes, either amicably or by exercising the
5power of eminent domain, and maintain lands and places for the
6dumping of ashes, garbage, solid waste or other refuse
7materials. If council acquires land outside the limits of the
8city by exercising the power of eminent domain, the taking shall
9be subject to the limitations in 26 Pa.C.S. § 206 (relating to
10extraterritorial takings).

11(e) Council may establish, alter, charge and collect rates
12and other charges for the collection, removal and disposal of
13ashes, garbage, solid waste, other refuse materials and
14recyclable materials, and the cost of including the payment of
15any indebtedness incurred for the construction, purchase,
16improvement, repair, maintenance and operation of any facilities
17therefore, and the amount due under any contract with any county
18or municipal corporation furnishing the services or facilities.
19The rates and other charges shall be collected pursuant to the
20Municipal Claim and Tax Lien Law, or by an action in assumpsit.

21(f) Council may make appropriations to any county or
22municipal corporation for the construction, purchase,
23improvement, repair, maintenance and operation of any facilities
24for the collection, removal, disposal or marketing of ashes,
25garbage, solid waste, other refuse materials, recyclable
26materials or composted leaf and yard waste.

27(g) A city shall not be subject to requirements otherwise
28imposed by law for the sale of personal property owned by the
29city when selling recyclable materials or materials separated,
30collected, recovered or created by recycling, as provided in the

1act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding
2the sale of recyclable material from political subdivision
3personal property sale restrictions relating to advertising and
4bidding."

5Section 2410. Regulation of Pets and Feral Animals.--Council
6may, by ordinance, prohibit and regulate the running at large of
7dogs, cats, other pets and feral animals.

8Section 2411. Inspection and Regulation of Fireplaces,
9Chimneys, Et Cetera; Smoke Regulations.--In conformity with
10Federal and State laws and regulations, council may regulate and
11inspect fireplaces, chimneys and other sources of smoke and fly-
12ash to control the production and emission of unnecessary smoke
13and fly-ash.

14Section 2412. Fireworks and Inflammable Articles.--In
15conformity with Federal and State laws and regulations, council
16may:

17(1) Regulate and prohibit the manufacture of fireworks or
18inflammable or dangerous articles.

19(2) Grant permits for supervised public displays of
20fireworks and adopt rules and regulations governing the
21displays.

22(3) Adopt rules and regulations not inconsistent with State
23regulations relating to the storage of inflammable articles.

24(4) Impose other safeguards concerning inflammable articles
25as may be necessary.

26Section 2413. Regulation of Division Fences, Party Walls,
27Foundations.--(a) Subject to the provisions of and regulations
28adopted pursuant to the "Pennsylvania Construction Code Act" and
29other applicable law, council may provide regulations for party
30walls and division fences and for the foundations of buildings,

1and for entering upon the land or lands, lot or lots, of any
2person or persons, within the city, at all reasonable hours, by
3its duly appointed city engineer, or building inspectors, in
4order to enforce the regulations and set out foundations.
5Council may also prescribe reasonable fees for the service of
6city officers in the inspection and regulation of party walls,
7division fences and foundations, and may enforce the payment of
8the same. Council may provide fines or penalties for violations
9of an ordinance enacted pursuant to this section.

10(b) In setting out foundations and regulating party walls as
11to breadth and thickness, the city shall cause the foundations
12to be laid equally upon the lands of the persons between whom
13the party wall is to be made. The cost of the foundation and
14party wall shall be divided proportionately among the property
15owners sharing the same. The property owners shall either share
16the expense when the foundation is laid and the party wall is
17erected, or when the subsequent building is erected if all
18buildings are not erected at the same time.

19Section 2414. Nuisances.--Council may prohibit and abate
20public nuisances in accordance with Article XXVII-A.

21Section 2415. Regulation of Encroachments.--In compliance
22with applicable State laws and city ordinances, council may
23provide for the regulation of all encroachments in, under or
24upon any of the sidewalks or other portion of the streets of the
25city.

26Section 2416. Shade Trees.--(a) Council may, by ordinance,
27regulate the manner and method, if any, for the planting,
28trimming, removing, maintaining and protection of shade trees
29in, on and along or extending over the public streets, sidewalks
30and rights-of-way of the city, and provide for penalties for

1violations thereof. The cost of such activities may, at
2council's discretion, be assessed against the owners of the
3properties abutting the street, sidewalk or right-of-way upon
4which any tree is located pursuant to Article XLV-A, except that
5the cost and expense of caring for trees after they have been
6planted shall be paid by the city.

7(b) Council may, by ordinance, provide for the creation of a
8shade tree commission, its composition, powers and duties and
9delegate council's authority for regulating shade trees to the
10commission. Alternatively, council may delegate its regulatory
11powers for shade trees to an existing department. If a shade
12tree commission is established, its meeting shall be subject to
13the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

14Section 2417. Numbering of Buildings.--Council may require
15and regulate the numbering of buildings and lots.

16Section 2418. Transportation Stands.--Council may establish
17stands for taxis, buses, automobiles, and other vehicles for
18hire, and enforce the observance and use thereof.

19Section 2419. Police Force.--(a) Council shall have the
20power to establish and maintain a police force, and define the
21duties of the same in accordance with Article XX.

22(b) Subject to the requirements of 53 Pa.C.S. Ch. 23 Subch.
23A (relating to intergovernmental cooperation), council shall
24have the power to provide for police services to be performed by
25municipal police officers by contract or by purchase of the
26police services or by joining or developing a consolidated
27regional police service.

28Section 2420. Police Regulations.--Council may establish and
29enforce suitable police regulations for the protection of
30persons and property.

1Section 2421. Rewards.--Council may offer rewards for the
2arrest and conviction of persons guilty of capital or other
3crimes within the city.

4Section 2422. Prevent Riots.--Council may prevent and
5restrain riots, noises, disturbances or disorderly assemblies in
6any street, house or place in the city.

7Section 2423. Regulate Discharge of Guns and Deadly
8Weapons.--To the extent permitted by Federal and other State
9law, council may regulate, prohibit, prevent the discharge of
10guns and prevent the carrying of concealed deadly weapons.

11Section 2424. Racing; Dangerous Practices; Et Cetera.--With
12regard to streets and public places in the city, council may
13regulate or prohibit racing or fast driving of vehicles, and all
14games, practices or amusements likely to result in danger or
15damages to any person or property.

16Section 2425. Bathing; Recreational Swimming Establishments;
17Boat Houses and Bath Houses.--To the extent permitted by the act
18of June 23, 1931 (P.L.899, No.299), known as the "Public Bathing
19Law," council may regulate the time and place of bathing in
20rivers and other public water in and adjoining the city, and may
21construct, maintain and manage municipal boat houses, bath
22houses and recreational swimming establishments.

23Section 2426. Musical Entertainment.--Council may
24appropriate money to defray the expenses of musical
25entertainments held under the auspices of the city, and for the
26purpose of having music in any public park or place.

27Section 2427. Aid to Historical Societies.--Council may make
28annual appropriations for the support and maintenance of the
29principal historical society located in the city, which shall be
30incorporated under the laws of the Commonwealth, shall maintain

1permanent quarters and shall keep the same open to the public.

2Section 2428. Establishment of Institutions to Collect
3Educational Collections.--Council may establish institutions
4authorized to collect and hold certain scientific, educational
5and economic collections, the object of each being the
6instruction of the public concerning commerce, manufacturing,
7mining and agriculture. The institutions may purchase or accept
8by gift any real estate, money or personal property necessary
9for their use and promotion. The institutions may use, convey,
10or transfer the same as if they were bodies corporate, and these
11institutions shall be governed by boards of trustees, nominated,
12appointed and confirmed in the manner council may determine.

13Section 2429. Ambulances and Rescue and Life Saving
14Services.--Council may acquire, operate and maintain motor
15vehicles for the purposes of conveying sick and injured persons
16to and from hospitals, and it may appropriate moneys toward
17ambulance and rescue and life saving services and make contracts
18relating thereto.

19Section 2430. Insurance.--(a) Council, in its discretion,
20or as required by law or a collective bargaining agreement, may
21make contracts of insurance and contracts for annuities or
22pensions, including, but not limited to, the following:

23(1) Contracts of insurance with any mutual or other fire
24insurance company, association or exchange, duly authorized by
25law to transact insurance business in the Commonwealth of
26Pennsylvania, on any building or property owned by the city and
27contracts to insure against burglary or theft of city property,
28or against fire and other calamities, and against public
29liability.

30(2) Contracts of insurance with any insurance company, or

1nonprofit hospitalization corporation, or nonprofit medical
2service corporation, authorized to transact insurance business
3within this Commonwealth, insuring elected or appointed
4officers, officials and employes of the city, or any class or
5classes thereof, or their dependents, under a policy or policies
6of group insurance covering life, health, hospitalization,
7medical service or accident insurance.

8(3) Contracts to purchase annuities or pensions for elected
9or appointed officers, officials and employes, or any class or
10classes thereof.

11(b) In the case of contracts for the benefit of elected or
12appointed officers, officials and employes of the city, or any
13class or classes thereof, or their dependents, the city may, as
14determined by council, or as required by law or a collective
15bargaining agreement, pay part or all of the premiums or charges
16for the contracts.

17Section 2431. Parking Lots.--Council may acquire by lease, 
18purchase, or condemnation proceedings, land which in its 
19judgment may be necessary and desirable for the purpose of 
20establishing and maintaining lots for the sole purpose of 
21parking motor vehicles. Council may regulate the use of the land 
22including the posting of signs and may establish or designate 
23areas exclusively reserved for parking by persons with 
24disabilities. Such regulation of parking lots shall be 
25consistent with 75 Pa.C.S. (relating to vehicles) and the act of 
26October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania 
27Human Relations Act."

28Section 2432. Disorderly Conduct.--Council may, by
29ordinance, prohibit disorderly conduct within the limits of the
30city and provide for the imposition of penalties in accordance

1with this act. If an ordinance is enacted, it shall define
2disorderly conduct in a manner substantially similar to the
3provisions of 18 Pa.C.S. § 5503 (relating to disorderly
4conduct).

5Section 2433. Official Expenses on City Business.--Council
6may make appropriations for the reasonable expenses of city
7officials actually incurred in the conduct of city business.

8Section 2434. Municipality Authorities; Cooperation with
9Other Political Subdivisions.--(a) The council may by
10ordinance, individually or in cooperation with other
11municipalities or school districts, form municipal authorities
12as authorized by 53 Pa.C.S. Ch. 56 (relating to municipal
13authorities).

14(b) The council may by ordinance make cooperative agreements
15with regard to the performance of a city's powers, duties and
16functions in accordance with the provisions of 53 Pa.C.S. Ch. 23
17Subch. A (relating to intergovernmental cooperation).

18Section 2435. Local Self-Government.--The council of each
19city shall have power to enact, make, adopt, alter, modify,
20repeal and enforce in accordance with this act ordinances,
21resolutions, rules and regulations, not inconsistent with or
22restrained by the Constitution of Pennsylvania and laws of this
23Commonwealth, that are either of the following:

24(1) Expedient or necessary for the proper management, care
25and control of the city and its finances, and the maintenance of
26the peace, good government, safety and welfare of the city and
27its trade, commerce and manufactures.

28(2) Necessary to the exercise of the powers and authority of
29local self-government in all municipal affairs.

30Section 2436. Historical Property.--Council may acquire by

1purchase or by gift, and may repair, supervise, operate and
2maintain landmarks and other historical properties which are
3either eligible for listing or listed in the National Register
4of Historic Places, or certified by the Pennsylvania Historical
5and Museum Commission as having historical significance.

6Section 2437. Appropriations for Handling, Storage and
7Distribution of Surplus Foods.--(a) Council may appropriate
8from city funds moneys for the handling, storage and
9distribution of surplus foods obtained through a Federal, State
10or local agency.

11(b) All appropriations of moneys previously made by the
12council of any city for the handling, storage and distribution
13of surplus foods obtained, through a local, Federal, State or
14local agency, are hereby validated.

15Section 2438. Junk Dealers and Junk Yards.--Council may
16regulate and license junk dealers and the establishment and
17maintenance of junk yards and scrap yards, including, but not
18limited to, automobile junk or grave yards.

19Section 2439. Appropriations for Industrial Promotions.--
20Council may make appropriations to an industrial development
21organization as defined in section 2301 of the act of June 29,
221996 (P.L.434, No.67), known as the "Job Enhancement Act," when
23the city is located within the area for which the industrial
24development organization has been authorized to make application
25to and receive grants from the Department of Community and
26Economic Development for the purposes specified in Chapter 23 of
27the "Job Enhancement Act."

28Section 2440. Non-debt Revenue Bonds.--Consistent with and
29without limitation of any power conferred or duty imposed by 53
30Pa.C.S. Pt. VII Subpt. B, (relating to indebtedness and

1borrowing), council may issue non-debt revenue bonds pursuant to
2provisions of 53 Pa.C.S. Pt. VII Subpt. B.

3Section 2441. Appropriations for Urban Common Carrier Mass
4Transportation.--Council may appropriate funds for urban common
5carrier mass transportation purposes from current revenues and
6make annual contributions to county departments of
7transportation or to urban common carrier mass transportation
8authorities to assist the departments or the authorities to meet
9costs of operation, maintenance, capital improvements and debt
10service, and to enter into long-term agreements providing for
11the payment of the contributions.

12Section 2442. Appropriation for Nonprofit Art Corporation.--
13Council may appropriate moneys annually, not exceeding an amount
14equal to one mill of the real estate tax to any nonprofit art
15corporation for the conduct of its artistic and cultural
16activities. For the purposes of this section, "nonprofit art
17corporation" shall mean a local arts council, commission or
18coordinating agency, or any other nonprofit corporation engaged
19in the production or display of works of art, including the
20visual, written or performing arts. Artistic and cultural
21activities shall include the display or production of theater,
22music, dance, painting, architecture, sculpture, arts and
23crafts, photography, film, graphic arts and design and creative
24writing.

25Section 2443. Ratification and Validation of Real Estate
26Sales.--All deeds conveying title to real estate or interests
27therein from any city to any other party which are executed and
28delivered pursuant to an ordinance or resolution of the city
29council and which are not contested by an action filed in the
30court of common pleas of the county in which the city is located

1within six years of the date such deeds are recorded are hereby
2declared to be valid and to have fully and effectively conveyed
3the property and interests described therein in accordance with
4the terms thereof. No such deed shall thereafter be subject to
5attack in any court, agency or proceeding.

6Section 2444. Maintenance and Validation of Certain
7Records.--Except as otherwise may be required by any law
8governing the recording of documents with the recorder of deeds,
9all city records that are required to be recorded or copied
10shall be deemed valid if recorded or transcribed by any digital,
11photostatic, photographic, microphotographic, microfilm,
12microcard, miniature photographic, optical, electronic or other
13process which accurately reproduces the original and forms a
14durable medium for recording, storing and reproducing the
15original in accordance with standards, policies and procedures
16for the creation, maintenance, transmission or reproduction of
17images of records approved by the county or local government
18records committees, as applicable, and as otherwise provided by
19law. No city shall be required to retain original or paper
20copies of any documents after the documents are archived by any
21of the methods stated in this section or as otherwise provided
22by law. Where recording in a specific book is required, except
23for minutes or the proceedings of council, such records may be
24recorded, transcribed or otherwise assembled in an appropriate
25book, disk or other medium approved by resolution of council,
26and all records heretofore recorded and assembled in any manner
27are hereby validated.

28Section 2445. Rights Within Streets and Rights-of-Way.--(a)
29The power granted to a city in subsection (b) shall be exercised
30in compliance with Federal and State law and shall be subject to

1the power of the Pennsylvania Public Utility Commission, under
266 Pa.C.S. Pt. I (relating to public utility code) to regulate
3the business, facilities and service of public utilities,
4including determining the location and installation of utility
5facilities.

6(b) Council may consent to a public or private corporation
7or any other person using city streets and other properties,
8whether such use is within, on or over the streets or public
9property in question, for transportation purposes or for the
10purpose of installing and maintaining pipes, wires, fibers,
11cables or any other utility or service medium. Council may
12define a reasonable district or reasonable districts within
13which all electric or telephone wires, cables or any other
14utility or service medium are to be placed underground. A city
15shall pay just compensation to any property owner whose land has
16been acquired by the city for use as a right-of-way for purposes
17of this section. Just compensation shall be determined pursuant
18to 26 Pa.C.S. (relating to eminent domain).

19Section 2446. Emergency Services.--(a) The city shall be
20responsible for ensuring that fire and emergency medical
21services are provided within the city by the means and to the
22extent determined by the city, including the appropriate
23financial and administrative assistance for these services.

24(b) The city shall consult with fire and emergency medical
25services providers to discuss the emergency services needs of
26the city.

27(c) The city shall require any emergency services
28organizations receiving city funds to provide to the city an
29annual itemized listing of all expenditures of these funds
30before the city may consider budgeting additional funding to the

1organization.

2Section 2447. Charitable Purposes.--(a) Council may, by
3ordinance, create a city bureau or agency which bureau or agency
4may receive in trust, and city council may control for the
5purposes of the trust, all estate, moneys, assets and property,
6real and personal, which may have been or shall be bestowed upon
7it by donation, gift, legacy, endowment, bequest, devise,
8conveyance or other means, for charitable purposes.

9(b) Council may make appropriations to the agency or bureau
10for charitable purposes except as limited by the Constitution of
11Pennsylvania and laws of this Commonwealth.

12(c) As used in this section, "charitable purposes" shall
13mean the relief of poverty, the advancement of education, the
14promotion of health, governmental or municipal purposes, and
15other purposes the accomplishment of which is beneficial to the
16community.

17Section 188. Article XXV heading of the act is reenacted to
18read:

19ARTICLE XXV

20TAXATION

21Section 189. Article XXV subdivision (a) heading of the act
22is amended to read:

23(a) Assessments [and Revisions] of Property for Taxation

24Section 190. Sections 2501, 2502 and 2503 of the act are
25repealed:

26[Section 2501. Election of Assessor; Term; Removal;
27Qualifications.--The council of each city on the first Monday of
28January, one thousand nine hundred and fifty-two, and on the
29first Monday of January in every fourth year thereafter, or as
30soon thereafter as may be conveniently done, shall elect one

1person, resident of the city for at least five years previous to
2his election, a qualified elector thereof, and owner of real
3estate therein, at the time of his election and during the
4entire term of service, of the assessed value of at least five
5hundred dollars, as city assessor, to serve for the term of four
6years from the first Monday of January in the year in which he
7is elected. Any assessor may be removed from office by council
8and the vacancy thus occasioned may be filled in the manner
9hereinafter provided. Council shall not permit any person
10elected assessor to enter upon the duties of said office, nor
11continue in office, when he does not have and possess all of the
12qualifications aforesaid. For this purpose council shall have
13power, by a majority vote of all the members elected thereto, to
14declare the said office of assessor vacant at any time any
15person has not or ceases to have the qualifications aforesaid
16for the said office. They may thereupon fill the vacancy thus
17occasioned, in the manner hereinafter provided for the filling
18of vacancies.

19Section 2502. Oath of Assessor; Filling of Vacancies.--The
20said assessor shall, before entering upon his duties, take and
21subscribe the oath prescribed for municipal officers, and file
22the same with the city clerk. Any vacancy happening in said
23office shall be filled by appointment by council, for the
24unexpired term.

25Section 2503. Assistant Assessors; Compensation of Assessors
26and Assistants.--The council may, during each triennial year and
27in the intervening years, appoint such assistant assessors, to
28serve for such length of time as council may authorize, direct,
29or appoint by ordinance. Such assistant assessors shall be
30removable at the pleasure of council. The compensation or salary

1of the city assessor, and of the assistant assessors, if any,
2shall be fixed by ordinance.]

3Section 191. Sections 2503.1 and 2504 of the act, amended or
4added December 13, 1982 (P.L.1192, No.273), are repealed:

5[Section 2503.1. Definitions.--The following words and
6phrases when used in this act shall have, unless the context
7clearly indicates otherwise, the meanings given to them in this
8section:

9"Base year," the year upon which real property market values
10are based for the most recently citywide revision of assessment
11of real property or other prior year upon which the market value
12of all real property of the city is based. Real property market
13values shall be equalized within the city and any changes by the
14board of revision of taxes and appeals shall be expressed in
15terms of such base year values.

16"Board," the board of revision of taxes and appeals in cities
17of the third class.

18"Common level ratio," the ratio of assessed value to current 
19market value used generally in the county as last determined by 
20the State Tax Equalization Board pursuant to the act of June 27, 
211947 (P.L.1046, No.447), referred to as the State Tax 
22Equalization Board Law.

23"Established predetermined ratio," the ratio of assessed
24value to market value established by the city council and
25uniformly applied in determining assessed value in any year.

26Section 2504. Assessment of Property; Duties of Assessor.--
27(a) The assessor shall make, or cause to be made, during the
28year one thousand nine hundred fifty-four, and every third year
29thereafter, a full, just, equal, and impartial assessment of all
30property, taxable according to the laws of this Commonwealth for

1county purposes, and all matters and things within the city
2subject by law to taxation for city purposes, and a just and
3perfect list of all property exempt by law from taxation, with a
4just valuation of the same. But nothing hereinbefore contained
5shall be construed as making taxable for city purposes the
6classes of personal property which by law are made taxable
7exclusively for county purposes at the rate of four mills. With
8his assessment he shall return such dimension, description, or
9quality of each lot or parcel of land as will be sufficient to
10identify the same, together with the number and kind of
11improvements. At the triennial assessment, the assessor shall,
12if council so directs by ordinance, classify all real estate in
13the city, in such manner and upon such testimony as may be
14adduced before him, so as to distinguish between the buildings
15on land and the land exclusive of the buildings, and he shall
16certify to the council the aggregate valuation of all real
17estate subject to taxation for city purposes within each such
18classification. At the next triennial assessment following the
19effective date of this amending act, the assessor shall, if
20council by ordinance so directs, classify all real estate in
21such city in such manner and upon such testimony as may be
22adduced before him so as to distinguish between the buildings on
23land and the land exclusive of the buildings, and he shall
24certify to the council the aggregate valuations of all real
25estate subject to taxation for city purposes within each such
26classification.

27(b) In all cases he shall value, or cause to be valued, the
28property at the actual value thereof. In arriving at actual
29value the city may utilize the current market value or it may
30adopt a base year market value. In arriving at such value the

1price for which any property would separately bona fide sell, or
2the price at which any property may bona fide actually have been
3sold, either in the base year or the current taxable year, shall
4be considered, but shall not be controlling. Instead such
5selling price, estimated or actual, shall be subject to revision
6by increase or decrease to accomplish equalization with other
7similar property within the taxing district. It shall be the
8further duty of the assessor to return annually a list of all
9the inhabitants over eighteen years of age.

10(c) The board shall assess real property at a value based
11upon an established predetermined ratio which may not exceed one
12hundred per centum of actual value. Such ratio shall be
13established and determined by the city council after proper
14notice has been given.

15(d) In arriving at the actual value, all three methods,
16namely, cost (reproduction or replacement, as applicable, less
17depreciation and all forms of obsolescence) comparable sales and
18income approaches, must be considered in conjunction with one
19another.

20(e) The board shall apply the established predetermined
21ratio to the actual value of all real property to formulate
22assessment roll.]

23Section 192. Section 2504.1 of the act, added July 29, 1970
24(P.L.640, No.215), is repealed:

25[Section 2504.1. Temporary Tax Exemption for Residential
26Construction.--(a) As used in this section, the word
27"dwellings" means buildings or portions thereof intended for
28permanent use as homes or residences.

29(b) New single and multiple dwellings constructed for
30residential purposes and improvements to existing unoccupied

1dwellings or improvements to existing structures for purposes of
2conversion to dwellings, shall not be valued or assessed for
3purposes of real property taxes until (1) occupied, (2) conveyed
4to a bona fide purchaser, or (3) one year from the first day of
5the month in which falls the sixtieth day after which the
6building permit was issued or, if no building permit or other
7notification of improvement was required, then from the date
8construction commenced. The assessment of any multiple dwelling
9because of occupancy shall be upon such proportion which the
10value of the occupied portion bears to the value of the entire
11multiple dwelling.]

12Section 193. Section 2505 of the act, amended October 4,
131978 (P.L.950, No.188), is repealed:

14[Section 2505. Manner of Assessments.--The assessor may
15assess real estate in the name or names of the registered owner,
16actual owner (legal or equitable), reputed owner, owner of the
17life estate, occupier, vendor, vendees, or any person who has or
18has had any connection with the legal title thereof, or an
19interest in the premises, or has charge or control thereof;
20partnership property, in the name of the partnership or in the
21name of the partners, or any of them; trust property, in the
22name of the trustee or trustees, or any of them, or in the name
23of the cestui que trust; property of a minor, in the name of the
24minor or his guardian; property of a lunatic, in the name of the
25lunatic or his guardian or committee; and property formerly
26belonging to a person, since deceased, may be assessed in the
27name of the decedent, or in the name of the estate of said
28decedent, or of his administrator or administrators, executor or
29executors, or his heirs generally, or in the name of any
30administrator, executor, or heir; and in assessing the same in

1the names of the executors, administrators or heirs, it shall
2not be necessary to designate them by their christian or
3surnames; and other property not herein provided for may be
4assessed in the manner the same is assessed for county taxation.
5This provision shall not prevent the collection, under existing
6laws, of any tax assessed against property by a sufficient
7designation or description, where the same has been assessed in
8the name of any person or persons who are not the owners
9thereof. Where lands of owners are part within and part without
10the city limits, they shall be assessed in the same manner and
11within the same jurisdiction as if the same were being assessed
12for county purposes.]

13Section 194. Sections 2506, 2508, 2509, 2510, 2511, 2512,
142513, 2514, 2515 and 2516 of the act are repealed:

15[Section 2506. Duties of Assessors in Other Than Triennial
16Years.--In the years between triennial assessments, the said
17assessor shall perform the following duties with reference to
18the assessment of property and other matters and subjects of
19taxation, namely: He shall,

20(a) Assess any property which has been omitted, and correct
21any errors of law, fact or judgment which may have been made in
22making the triennial assessment;

23(b) Add to the assessment any property which has ceased to
24be exempt and any property acquired since the triennial
25assessment;

26(c) Add to the value of any real estate the value of any new
27building or other new improvements;

28(d) Deduct from the value of any property any loss caused by
29destruction, injury, or otherwise, howsoever;

30(e) Where tracts as assessed at the triennial assessment

1have been subdivided, equalize and apportion the assessment of
2the lands thus subdivided upon the basis of the value as fixed
3at the triennial assessments upon the whole lot or tracts;

4(f) Where any borough, township, part of a borough or
5township, or any tract or tracts of land, have been added to the
6city, since the last triennial assessment, make a full and
7impartial assessment of the property in the annexed district,
8and return the same in a like manner as if it were a triennial
9assessment;

10(g) When any property has been transferred or disposed of,
11make the proper changes, deductions or transfers upon the proper
12assessment books and duplicates;

13(h) Perform such other duties, as may be prescribed by
14ordinance, necessary to the making of proper assessments or
15valuations.

16Section 2508. Omitted Property to be Assessed; Liability of
17Owner for Back Taxes.--When the said assessor ascertains that
18any property is omitted, he shall assess the same for the
19omitted years, but not back further than and including the last
20year of the preceding triennial assessment. The person or party
21owning said omitted property shall be liable for the tax against
22the property for the omitted year or years, at the tax rate
23levied during the omitted year or years, and the proper
24authorities shall make out the proper tax and place the amount
25thereof in the hands of the city treasurer for collection.

26Section 2509. Clerks; Power to Administer Oaths;
27Inventories.--The assessor shall have the right to procure such
28books, maps, et cetera, as may be necessary to the performance
29of his duties, and, when authorized by council, may employ
30clerks for the purpose of transcribing and making duplicate and

1assessment books. He, and each of them, shall have power to
2administer oaths, and to require, under oath, of every taxable
3or person in charge or control of any property, an inventory of
4his taxable property, with his estimate of the just, full, fair,
5and impartial value thereof, and which, in his judgment, the
6same would bring at a fair public sale thereof. Such estimate
7shall not be conclusive, but shall be subject to revision by
8increase, decrease or equalization with other property.

9Section 2510. Information from Real Estate Registry Office;
10Sufficiency of Descriptions.--Where any city has established a
11registry of real estate by law, the assessor shall have the
12right to obtain from the official in charge of said registry
13such information as to the registered owners of real estate as
14said department is able to furnish, and under such rules and
15regulations as shall be established by ordinance of council. It
16shall be a sufficient description of any real estate in any
17assessment books or duplicates to designate the same by such
18city lot number, other number or designation, as is used on the
19registry.

20Section 2511. Time of Completion of Assessments.--The
21assessor shall complete his triennial assessment, and the annual
22assessments in intervening years, on or before the first day of
23September in each year, or as soon thereafter as practicable. He
24may, with the approval of the board of revision and appeals, add
25to the duplicates in the hands of the city treasurer any subject
26of taxation omitted therefrom, and rectify any and all errors
27and mistakes made therein.

28Section 2512. Liability for Neglect.--Any assessor or
29assessors who shall wilfully omit, neglect, or refuse to assess
30any property liable to taxation shall be held responsible to the

1city for any loss or damage caused thereby.

2Section 2513. Ordinances to Regulate Assessments, Transfers,
3Appeals, Et Cetera.--The council of each city may pass such
4ordinances as it may deem proper and necessary, providing for
5and regulating the manner of making the assessments, valuations,
6and transfers, and the taking of appeals to the board of
7revision and appeal, and regulating proceedings before said
8board on any and all matters not specifically provided for in
9this act.

10Section 2514. Board of Revision of Taxes and Appeals.--The
11council of each city shall constitute the board of revision of
12taxes and appeals, and the city clerk shall serve as clerk
13thereof.

14Section 2515. New Assessments.--The council, in any years
15other than a triennial year, if it shall deem a new assessment
16necessary, may, on or before the first day of May, issue its
17precept to the city assessor and by ordinance or resolution
18require him to make out and return a full, just, and equal
19assessment of property within the city, or such parts thereof as
20may be deemed advisable.

21Section 2516. Revision of Assessments.--The said board of
22revision of taxes and appeals shall take and receive the
23triennial and yearly assessment as returned by the city
24assessor, and may revise, equalize, and alter such assessments,
25in any and every year, by increasing or reducing the valuation
26either in individual cases or by wards, or parts of wards;
27rectify all errors, and add to the assessment book, and to the
28duplicate thereof in the hands of the city treasurer, any
29property or person subject to taxation omitted therefrom, and
30any real estate in such city which has been exempt from

1taxation, and has ceased to be occupied and used for the purpose
2or purposes which entitled it to such exemption, as taxable for
3the portion of the year commencing at the time when the right to
4exemption ceases. Such property shall thereupon become subject
5to taxation, at the rate fixed for the year, for the
6proportionate part of the year during which it is not entitled
7to exemption.]

8Section 195. Section 2516.1 of the act, amended July 29,
91970 (P.L.640, No.215), is repealed:

10[Section 2516.1. Additions and Revisions to Duplicates.--
11Whenever in any city there is any construction of a building or
12buildings not otherwise exempt as a dwelling after the city
13council has prepared a duplicate of the assessment of city taxes
14and the building is not included in the tax duplicate of the
15city, the authority responsible for assessments in the city
16shall, upon the request of the city council, direct the assessor
17in the city to inspect and reassess, subject to the right of
18appeal and adjustment provided by the act of Assembly under
19which assessments are made, all taxable property in the city to
20which major improvements have been made after the original
21duplicates were prepared and to give notice of such
22reassessments within ten days to the authority responsible for
23assessments, the city and the property owner. The property shall
24then be added to the duplicate and shall be taxable for city
25purposes at the reassessed valuation for that proportionate part
26of the fiscal year of the city remaining after the property was
27improved. Any improvement made during the month shall be
28computed as having been made on the first of the month. A
29certified copy of the additions or revisions to the duplicate
30shall be furnished by the city council to the city treasurer,

1together with their warrant for collection of the same, and
2within ten days thereafter the city treasurer shall notify the
3owner of the property of the taxes due the city.]

4Section 196. Section 2517 of the act is repealed:

5[Section 2517. Hearing of Appeals.--The board of revision of
6taxes and appeals may require the attendance of the assessor and
7assistant assessors, or any of them, or other citizens, before
8them for examination on oath or affirmation. It shall hear and
9determine all appeals by taxpayers from the assessments made by
10the city assessor, at such time and place as it may prescribe,
11conformably with law as to notice to the taxable and his filing
12of notice of intention to appeal.]

13Section 197. Section 2518 of the act, amended December 13,
141982 (P.L.1192, No.273), is repealed:

15[Section 2518. Notice to Taxables of Assessments; Appeals.--
16(a) The assessor shall give, or cause to be given, printed or
17written notice to each taxable of the city, whose property is
18newly assessed, or whose last previous assessment has been
19changed, of the amount of the present assessment, valuation and
20ratio and the new assessment, valuation and ratio. The said
21notice shall not be required to be given to any taxable whose
22property assessment was not changed as a result of any triennial
23assessment. The said notice shall also inform the taxable of the
24requirements of this section as to appealing from any
25assessment. Such notice may be served personally or by posting
26on the premises or by mailing the same to the last known address
27of the taxable.

28(b) Notice similar to that provided for in subsection (a)
29shall be given when the city changes the established
30predetermined ratio.

1(c) Any person dissatisfied or aggrieved by any assessment,
2or any change thereof, made by the assessor, may appeal to the
3said board of revision of taxes and appeals, by filing with the
4board a statement in writing of intention to appeal, setting
5forth:

6(1) The assessment or assessments by which such person feels
7aggrieved;

8(2) The address to which the board shall mail notice of when
9and where to appear for hearing.

10(d) The statement of intention to appeal shall be filed with
11the said board not later than thirty days after the notice of
12assessment has been mailed to the taxable at his last known
13address, or has been served upon him personally, or has been
14posted upon the premises. No appeal shall be permitted except
15upon such a statement of intention as herein required, nor may
16any taxable appeal as to an assessment not designated in his
17statement of intention to appeal. The board shall fix the time
18and place of hearing appeals and shall give at least five days
19notice to the taxable.

20(e) Any triennial assessment made prior to the effective
21date of this amending act, which did not change a property
22assessment, is hereby validated irrespective of whether or not
23written or printed notice of such assessment was given to the
24taxable.]

25Section 198. Section 2519 of the act is repealed:

26[Section 2519. Power of Assessor to Administer Oaths.--For
27the purposes of all hearings, and for all other purposes
28necessary to the discharge of his duties, the assessor shall
29have authority to administer oaths and affirmations touching any
30matter relating thereto.]

1Section 199. Sections 2520 and 2521 of the act, amended
2December 13, 1982 (P.L.1192, No.273), are repealed:

3[Section 2520. Custody of Assessment Books; Completion of
4Work of Board.--(a) The board of revision of taxes and appeals
5shall procure and have the custody and control of all books
6relating to assessment of city taxes, and keep them arranged
7according to wards and dates, and shall furnish the city
8assessor the necessary books for making the assessment, which,
9on the completion of such assessment, shall be returned to such
10board of revision of taxes and appeals. The board shall complete
11its labors, and the hearing and determination of all appeals, on
12or before the first day of December of each year, or as soon
13thereafter as practicable, after which the assessment shall be
14copied, by wards, into a tax duplicate or duplicates for the use
15of the city. The assessment, so corrected and copied, shall be
16and remain a lawful assessment for the purpose of city taxation
17until altered as provided in this article. The board shall give
18notice in writing within five days after its disposition of each
19appeal, advising the taxable of its decision.

20(b) In any appeal of an assessment the board shall make the
21following determinations:

22(1) The current market value for the tax year in question.

23(2) The common level ratio.

24(c) The board, after determining the current market value of
25the property for the tax year in question, shall then apply the
26established predetermined ratio to such value unless the common
27level ratio varies by more than fifteen per centum from the
28established predetermined ratio, in which case the board shall
29apply the common level ratio to the current market value of the
30property for the tax year in question.

1(d) Nothing herein shall prevent any appellant from
2appealing any base year valuation without reference to ratio.

3Section 2521. Appeals from Decisions of Board; Costs.--(a)
4Any owner of taxable property who may feel aggrieved by the
5decision of the board of revision of taxes and appeals as to the
6assessment or valuation of his taxable property may appeal from
7the decision of the board of revision of taxes and appeals to
8the court of common pleas of the county within which such
9property is situated, and, for that purpose, may present to said
10court, or file in the prothonotary's office, within sixty days
11after mailing notice to him that the board of revision of taxes
12and appeals have held the appeals provided for by law and acted
13on the said assessments and valuations, a petition signed by
14him, his agent, or attorney, setting forth the facts of the
15case. The court shall thereupon, after notice to the said board
16of revision of taxes and appeals, hear the said appeal and the
17proofs in the case, and make such orders and decrees touching
18the matter complained of as to the judges of said court may seem
19just and equitable, having due regard to the valuation and
20assessment made of other property in such city. The costs of the
21appeal and hearing shall be apportioned or paid as the court may
22direct. The said appeals shall not, however, prevent the
23collection of the taxes complained of, but in case the same
24shall be reduced, then the excess shall be returned to the
25person or persons who shall have paid the same.

26(b) In any appeal of an assessment the court shall make the
27following determinations:

28(1) The current market value for the tax year in question.

29(2) The common level ratio.

30(c) The court, after determining the current market value of

1the property for the tax year in question, shall then apply the
2established predetermined ratio to such value unless the common
3level ratio varies by more than fifteen per centum from the
4established predetermined ratio, in which case the court shall
5apply the common level ratio to the current market value of the
6property for the tax year in question.

7(d) Nothing herein shall prevent any appellant from
8appealing any base year valuation without reference to ratio.]

9Section 200. The act is amended by adding a section to read:

10Section 2522. Assessment Powers.--(a) With regard to the
11valuing and assessing of property for taxation within a city,
12the following shall apply:

13(1) If, on the effective date of this section, a city is
14utilizing the county assessment office for the valuation and
15assessment of property, the city shall continue to utilize the
16county assessment office for this purpose.

17(2) If clause (1) does not apply, council may appoint and
18employ persons to value and assess property for taxation within
19a city, following the procedures and methodologies set forth in
20the assessment law or laws applicable in the county in which the
21city is located, provided that the act of April 16, 1992
22(P.L.155, No.28), known as the "Assessors Certification Act,"
23shall apply to persons hired pursuant to this clause.

24(3) If clause (2) applies, a city may subsequently elect to
25utilize the county assessment office to value and assess
26property.

27(4) (i) A city, conducting its own assessments as
28authorized by clause (2), or utilizing the county assessment
29office pursuant to clause (1) or (3), may, by ordinance, adopt
30an established predetermined ratio different from that used by

1the county. The city shall apply the ratio selected to the
2actual valuation supplied by the county to determine assessed
3value for tax purposes. The established predetermined ratio
4selected by the city may not exceed one hundred per centum of
5actual value.

6(ii) As used in this clause, "established predetermined
7ratio" shall mean the ratio of assessed value to market value
8established by the city council and uniformly applied in
9determining assessed value in any year.

10(5) A city that is utilizing the county assessment office in
11accordance with clause (1) or which elects to utilize the county
12assessment office in accordance with clause (3) may not
13thereafter appoint and employ persons to value and assess
14property in accordance with clause (2).

15(b) In any case in which a city appoints persons to value
16and assess property, the following shall apply:

17(1) If the property being assessed is not wholly within the
18city limits, it shall be assessed in the same manner and within
19the same jurisdiction as if the same were being assessed for
20county purposes.

21(2) If a city has established a registry of real estate, it
22may obtain for purposes of assessment, from the official in
23charge of the registry, available information as to the
24registered owners of real estate, under rules and regulations as
25may be established by ordinance. It shall be a sufficient
26description of any real estate in any assessment books or
27duplicates to designate the same by such city lot number, other
28number or designation, as is used on the registry.

29(3) For purposes of assessment appeals, council shall
30constitute the board of revision of taxes and appeals and the

1city clerk shall serve as clerk thereof.

2(4) Except as authorized in this section, the city shall not
3exercise powers contrary to or in limitation or enlargement of
4powers granted by statutes that provide the substantive rules
5governing the making of assessments and valuations of property
6which are applicable to the assessment of property for taxation
7purposes under the county assessment law or laws applicable in
8the county in which the city is located.

9(5) A city conducting its own assessments pursuant to
10subsection (a)(2) shall establish and follow procedures that are
11consistent with similar procedures provided in the assessment
12law or laws applicable in the county in which the city is
13located, including, but not limited to, providing notice of an
14opportunity to appeal assessments, for taking appeals to and
15from the board of appeals and for the conduct of proceedings
16before the board.

17(c) A temporary tax exemption for residential construction
18shall be subject to the following:

19(1) New single and multiple dwellings constructed for
20residential purposes and improvements to existing unoccupied
21dwellings or improvements to existing structures for purposes of
22conversion to dwellings shall not be valued or assessed for
23purposes of real property taxes until:

24(i) occupied;

25(ii) conveyed to a bona fide purchaser; or

26(iii) one year from the first day of the month in which
27falls the sixtieth day after which the building permit was
28issued or, if no building permit or other notification of
29improvement was required, then from the date construction
30commenced.

1(2) The assessment of any multiple dwelling because of
2occupancy shall be upon such proportion which the value of the
3occupied portion bears to the value of the entire multiple
4dwelling.

5(3) As used in this subsection, the word "dwelling" means a
6building or portion thereof intended for permanent use as a home
7or residence.

8Section 201. The heading of subdivision (b) of Article XXV
9of the act is reenacted to read:

10(b) Levy and Collection

11Section 202. Section 2531 of the act, amended November 19,
121959 (P.L.1519, No.534), August 3, 1967 (P.L.199, No.63), June
1316, 1972 (P.L.443, No.135) and May 22, 1981 (P.L.71, No.20), is
14amended to read:

15Section 2531. Tax Levies.--(a) Council may, by ordinance, 
16levy and, in accordance with this act, provide for the 
17collection of [the following taxes:

181. A tax for general revenue purposes on all persons and
19property taxable according to the laws of the Commonwealth for
20county purposes: the valuation of such property to be assessed
21as hereinbefore provided.

222. An annual tax sufficient to pay interest and principal on
23any indebtedness incurred pursuant to the act of July 12, 1972 
24(P.L.781, No.185), known as the "Local Government Unit Debt
25Act," or any prior or subsequent act governing the incurrence of
26indebtedness of the city.

273. A residence tax for general revenue purposes, not
28exceeding five dollars annually, on all inhabitants above the
29age of eighteen years. Any ordinance of council fixing the rate
30of taxation for any year at a mill rate shall also include a

1statement expressing the rate of taxation in dollars and cents
2on each one hundred dollars of assessed valuation of taxable
3property.

44. The council of any city may, by ordinance, in any year
5levy separate and different rates of taxation for city purposes
6on all real estate classified as land, exclusive of the
7buildings thereon, and on all real estate classified as
8buildings on land. When real estate tax rates are so levied, (i)
9the rates shall be determined by the requirements of the city
10budget as approved by council, (ii) higher rates may be levied
11on land if the respective rates on lands and buildings are so
12fixed so as not to constitute a greater levy in the aggregate
13than a rate of twenty-five mills on both land and buildings, and
14(iii) they shall be uniform as to all real estate within such
15classification.

165. Where the city council by a majority action shall, upon
17due cause shown, petition the court of quarter sessions for the
18right to levy additional millage, the court, after such public
19notice as it may direct and after hearing, may order a greater
20rate than twenty-five mills but not exceeding five additional
21mills to be levied.] taxes on all property within the city that 
22is made taxable for city purposes and subject to valuation and 
23assessment by the county assessment office or the city, as 
24provided in subdivision (a), as follows:

25(1) A tax for general revenue purposes not exceeding thirty
26mills.

27(2) An annual tax sufficient to pay interest and principal
28on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII
29Subpt. B (relating to indebtedness and borrowing) or any prior
30or subsequent act governing the incurrence of indebtedness of

1the city.

2(3) An annual tax, not to exceed five mills, to light the
3highways, roads and other public places in the city.

4(4) An annual tax for the purpose of maintaining and
5operating recreation places and programs.

6(5) An annual tax, not to exceed the sum of one-tenth of one
7mill, for the purpose of defraying the cost and expense of
8caring for shade trees and the administrative expenses connected
9therewith, or council may provide for such expenses by
10appropriation from the General Fund.

11(b) Council may, by ordinance, levy and, in accordance with
12this act, provide for the collection of a residence tax for
13general revenue purposes, not exceeding five dollars annually,
14on all inhabitants who are eighteen years of age or older.

15(c) With regard to the taxes authorized in subsection (a),
16the following shall apply:

17(1) Special purpose levies authorized in this section shall
18not be included in calculating the thirty-mill limit imposed by
19subsection (a).

20(2) Any ordinance fixing the rate of taxation for any year
21at a millage rate shall also include a statement expressing the
22rate of taxation in dollars and cents on each hundred dollars of
23assessed valuation of taxable property.

24(3) The council of any city may, by ordinance, in any year
25levy separate and different rates of taxation for city purposes
26on all real estate classified as land, exclusive of the
27buildings thereon, and on all real estate classified as
28buildings on land. When real estate tax rates are so levied:

29(i) The rates shall be determined by the requirements of the
30city budget as approved by council.

1(ii) The respective rates levied on land and buildings do
2not have to be equal but must be so fixed so as not to
3constitute a greater levy in the aggregate than a rate of thirty
4mills on both land and buildings.

5(iii) The rates shall be uniform as to all real estate
6within such classification.

7(4) Where the city council by a majority action shall, upon
8due cause shown, petition the court of common pleas for the
9right to levy additional millage for general revenue purposes,
10the court, after such public notice as it may direct and after
11hearing, may order a greater rate than thirty mills but not
12exceeding five additional mills to be levied.

13(5) (i) Notwithstanding council's power to authorize the
14transfer of an unexpended balance of an appropriation item
15pursuant to section 1804, when any moneys are collected for any
16special purpose, no city treasurer or council member may apply
17those moneys to any purpose other than that for which they were
18collected.

19(ii) Any city treasurer or council member who violates
20subclause (i) commits a misdemeanor of the third degree, and, in
21addition to the fine or penalty which may be imposed upon
22conviction, shall be required to pay restitution in the amount
23of moneys improperly spent.

24Section 203. Section 2531.1 of the act, amended November 26,
251982 (P.L.759, No.214), is amended to read:

26Section 2531.1. Exemptions from Taxation.--The council of 
27any city may, by ordinance or resolution, exempt any person 
28whose total income from all sources is less than [five] twelve 
29thousand dollars [($5,000)] ($12,000) per annum from any per 
30capita or [resident's] residence tax levied under this act. This
 

1exemption shall not apply to real property taxes.

2Section 204. The act is amended by adding a section to read:

3Section 2531.2. Certification of Schedule.--For the purpose
4of delinquent tax collection and the filing of liens on property
5upon which the taxes, assessed and levied, have not been paid
6and have become delinquent, the treasurer shall certify
7schedules of unpaid taxes. The certification shall be made to
8the person designated by each taxing district for which the
9treasurer collects taxes.

10Section 205. Sections 2532, 2533 and 2534 of the act are
11repealed:

12[Section 2532. City Treasurer to Be Tax Collector.--The city
13treasurer, by virtue of his office, shall be the collector of
14the city, county, school, and institution district taxes,
15assessed or levied in the city by the proper authorities
16therein.

17Section 2533. Oath of City Treasurer as Collector of
18Taxes.--At the time the city treasurer enters upon his duties,
19he shall take and subscribe his oath of office as collector of
20city, county, school, and institution district taxes, which oath
21shall be filed with the city clerk.

22Section 2534. Office for Receipt of Taxes; Supplies.--The
23city treasurer, as collector of taxes, shall keep his office in
24the same place occupied by him as city treasurer, which shall be
25kept open for the receipt of taxes at all times during business
26hours. All printing and stationery supplies shall be furnished
27by the proper authorities, respectively.]

28Section 206. Section 2535 of the act, amended December 14,
291967 (P.L.828, No.355), is repealed:

30[Section 2535. Date of Delivery of Duplicate; Collection.--

1The council of each city and the county and county institution
2district authorities, now empowered or which may be hereafter
3empowered to levy taxes upon persons and property within the
4city, shall, within thirty days after the adoption of the budget
5or within thirty days after receipt of the assessment roll from
6the county whichever is later, make out and deliver their
7respective duplicates of taxes assessed to the city treasurer,
8as the collector of the said taxes, which shall be collected by
9the city treasurer, by virtue of his office as aforesaid. The
10proper school authorities shall make out and deliver the school
11duplicates of their respective taxes in such city at the time
12and in the manner provided by the school laws of the
13Commonwealth. All duplicates of taxes placed in the hands of
14said treasurer shall at all times be open to proper inspection
15of the taxpayers and of the proper auditing and examining
16officers of said city, county or school district, as the case
17may be, and shall be delivered by said treasurer at the
18expiration of his term to his successor in office.]

19Section 207. Sections 2536, 2537 and 2538 of the act are
20repealed:

21[Section 2536. Deposits.--The city treasurer as collector of
22taxes shall pay over to himself as city treasurer, in accordance
23with the provisions of the Local Tax Collection Law, all the
24city taxes collected by him. He shall at the same time deposit
25all the city taxes so paid over to him into a bank or financial
26institution, which shall be a city depository named by the city
27council. All such deposits shall be made in the name of the city
28treasurer as such, or in the name of the city, as council may
29provide.

30Section 2537. Tax Liens; Schedule of Uncollected Taxes;

1Liability for False Return.--Upon the settlement of the
2duplicates of city, county, institution district, and school
3taxes which by law are made a lien on real estate, the city
4treasurer, as collector of said taxes, shall make out schedules
5of said city, county, school, or institution district taxes
6uncollected upon his duplicates, or those delivered to him by
7his predecessor, with a brief description of the properties
8against which the same are assessed, for the purpose of having
9the same entered for lien or sold, according to law. The failure
10of the said collector to collect the said taxes from personal
11property, when the same could have been collected shall not
12impair the lien thereof or affect any sale made for the
13collection thereof. In case any such collector shall make any
14wilfully false return, he shall be liable therefor to any person
15or persons injured thereby.

16Section 2538. Certification of Schedule.--The schedule of
17unpaid city taxes shall be certified by the city treasurer, as
18collector of taxes, to the city solicitor for filing in court,
19with the like force and effect as if certified by the city
20treasurer under existing laws. The schedule of unpaid school and
21institution district taxes shall be certified to such officer or
22person as is now, or shall hereafter be, designated to receive
23the same for filing as a lien in court; and where no such person
24is designated, the said schedule may be certified to the
25solicitor of the authority levying the tax, who may cause the
26said taxes to be registered as a lien in court, under existing
27laws, and the certifying of the said schedules by the city
28treasurer, as a collector, shall in all cases have the like
29effect as if the same had been certified by the city treasurer,
30as aforesaid.]

1Section 208. Article XXV subdivision (c) heading of the act
2is reenacted to read:

3(c) Sales of Real Estate for Delinquent Taxes

4Section 209. Section 2541 of the act, amended April 29, 1998
5(P.L.294, No.47), is repealed:

6[Section 2541. Public Sale of Property to Satisfy Tax
7Claims.--(a) In addition to other remedies provided for the
8collection of delinquent city taxes, the city treasurer may sell
9at public sale, in the manner hereinafter provided, any property
10upon which the taxes, assessed and levied, have not been paid
11and have become delinquent, unless such property has already
12been purchased and is held for the benefit of all the tax
13levying authorities concerned.

14(b) For purposes of this section, taxes shall be considered
15delinquent thirty days after the final deadline for payment of
16such taxes for the current tax year.]

17Section 210. Section 2542 of the act is repealed:

18[Section 2542. Time of Holding Sales.--Such sales shall be
19made on the first Monday in June, in the year succeeding the
20year in which the respective taxes are assessed and levied, or
21on any day to which such sale may be adjourned, or on any first
22Monday of June in any succeeding year.]

23Section 211. The act is amended by adding a section to read:

24Section 2542.1. Public Sale of Property to Satisfy Tax
25Claims.--(a) Property upon which city real estate taxes have
26not been paid and have become delinquent may become subject to
27public sale in accordance with one of the following:

28(1) The act of July 7, 1947 (P.L.1368, No.542), known as the
29"Real Estate Tax Sale Law."

30(2) The Municipal Claim and Tax Lien Law.

1(b) The remedies authorized in this section shall be in
2addition to other remedies provided for the collection of
3delinquent city taxes, including an action in assumpsit.

4(c) Unless otherwise provided in the statutes referred to in
5subsection (a), taxes shall become delinquent thirty days after
6the final deadline for payment of such taxes for the current tax
7year.

8Section 212. Section 2543 of the act is amended to read:

9Section 2543. Certification of Schedules [of Taxes.--Where
10the treasurer has not already in his hands the duplicates of
11said taxes, or certificates or schedules thereof, any receiver
12or collector of taxes, or other person having such delinquent
13taxes in his hands, shall certify to the city treasurer
14schedules of all unpaid taxes, with descriptions of the property
15assessed.] to Treasurer.--At the request of the treasurer, any 
16person acting on behalf of the city who possesses a schedule of 
17unpaid city taxes shall certify the schedule to the treasurer 
18along with the description of property against which the unpaid 
19taxes were assessed.

20Section 213. Section 2544 of the act is repealed:

21[Section 2544. Advertisement of Sales.--The city treasurer
22shall advertise for sale any of the property upon which it
23appears the taxes have not been paid, as shown by the duplicates
24in his hands, or by the returns or schedules certified to him,
25as aforesaid. Said advertisement shall be made, once a week for
26three successive weeks prior to the day of sale, in at least two
27newspapers of general circulation, printed and published in the
28city, and, in case two newspapers are not published in said
29city, then publication shall be made in two newspapers printed
30and published in the county in which the city is situate. The

1city treasurer shall also cause to be posted or tacked, in a
2conspicuous place on each parcel or lot of land advertised for
3sale, at least ten days prior to the day of sale, a notice
4stating that said property will be sold by said treasurer, for
5delinquent taxes, on a certain day and time, and at a certain
6place within the city, for which posting of notice he shall
7receive and tax as costs twenty-five cents for each notice. No
8sale shall be valid where the taxes have been paid prior to said
9advertisement, or where the taxes and costs have been paid after
10advertisement and before sale.]

11Section 214. Section 2546 of the act is amended to read:

12Section 2546. Record of Sales [to be Kept; City May];
13Purchase [Lands at Sale.--] and Resale.--(a) The treasurer
14shall keep in [his] the treasurer's office, or in such other 
15place as council may direct, a [book, in which he shall enter]
16record of all the sales made [by him, giving a description of
17each property sold, the name of the person as the owner thereof
18as the same appears upon the duplicate, or has been returned to
19him, the time of sale and the price at which sold, together with
20the cost. The] pursuant to section 2542.1.

21(b) Notwithstanding any other provision of law, the city
22shall have the right to bid[, at any such sale, the amount of
23taxes and costs, and, if necessary, purchase such lands] on and 
24purchase properties sold pursuant to section 2542.1.

25(c) Properties purchased by the city under subsection (b) 
26may be sold in accordance with section 2402.1(b).

27Section 215. Sections 2547 and 2548 of the act are repealed:

28[Section 2547. Payment of Purchase Price by Purchaser;
29Resale for Default.--Any purchaser or purchasers at said
30treasurer's sale, except the city, as soon as the property is

1struck down, shall pay the amount of the purchase money, or such
2part thereof as may be necessary to pay all the taxes and costs,
3as also one dollar and fifty cents for the use of the
4prothonotary, for entering the report of the treasurer, filing
5surplus bond, and acknowledgment of the treasurer's deed, as
6hereinafter mentioned. In case said amount is not forthwith
7paid, after the property is struck down, the sale may be avoided
8and the property put up again by the city treasurer, at said
9sale or at any subsequent sale.

10Section 2548. Return of Sale.--The city treasurer shall
11promptly make a report and return to the court of common pleas,
12wherein he shall set forth, (a) a brief description of each
13parcel of real estate sold; (b) the name of the person (where
14known), in which the same is assessed; (c) the amount of tax,
15and the year for which the same was assessed; (d) the time when
16and the names of the newspapers in which the advertisement for
17sale was made, with a copy of said advertisement; (e) the time
18of sale; (f) the name of the purchaser; and (g) the price for
19which each respective property was sold.]

20Section 216. Section 2549 of the act, repealed in part June
213, 1971 (P.L.118, No.6), is repealed:

22[Section 2549. Confirmation of Sale; Disposition of
23Objections.--Upon the presentation of said report or return, if
24it shall appear to said court that such sale has been regularly
25conducted, under the provisions of this subdivision (c) of this
26article, the said report and sales so made shall be confirmed
27nisi; in case no objections or exceptions are filed to any such
28sale in the office of the prothonotary within ninety days from
29the date of such confirmation, a decree of absolute confirmation
30shall be entered, as of course, by the prothonotary. Any

1objections or exceptions to such a sale may raise the legality
2of the taxes for nonpayment of which the real estate was sold or
3the return thereof, or the validity of the sale for the reason
4that the tax was actually paid, or question the regularity or
5legality of the proceedings of the treasurer in any respect. In
6case any objections or exceptions are filed, they shall be
7disposed of according to the practice of the court, and, when
8the same are overruled or set aside, a decree of absolute
9confirmation shall be entered by the court. If such objections
10or exceptions are sustained and the court deems the defect not
11amendable, it shall, by its order or decree, invalidate the
12sale. If no objections or exceptions are filed as herein
13provided, or if such objections or exceptions are finally
14overruled and the sale confirmed absolutely, the validity of the
15assessment of the tax and the validity of the proceedings of the
16treasurer, with respect to such sale, shall not thereafter be
17inquired into judicially in equity or by civil proceedings by
18the person or persons in whose name such property was sold, his,
19her or their heirs, or his, her or their grantees or assigns,
20subsequent to the date of the assessment of the taxes for which
21such sale was made, and such sale, after the period of
22redemption shall be terminated, shall be deemed to pass a good
23and valid title to the purchaser as against the person or
24persons in whose name such property was sold, provided the
25purchaser has filed the bond for surplus moneys as hereinafter
26provided.]

27Section 217. Section 2550 of the act is repealed:

28[Section 2550. Filing of Surplus Bond.--After any sale of
29property or lands for delinquent taxes has been confirmed by the
30court, as aforesaid, the purchaser or purchasers, where the bid

1exceeds the taxes and costs as aforesaid, shall make and execute
2to the said treasurer for the use of the persons entitled, a
3bond for the surplus money that may remain after satisfying and
4paying all the taxes and costs, as aforesaid, with warrant of
5attorney to confess judgment annexed thereto. The treasurer
6shall forthwith file said bond in the office of the prothonotary
7of the proper county, at the number and term where said report
8and return is filed. The surplus bond, filed as aforesaid, from
9the time of the date of the deed for property thus sold, shall
10bind as effectually, and in like manner as judgments, the land
11by said treasurer sold, into whose hands or possession they may
12come. The owners of said lands at the time of sale, their heirs
13or assigns or other legal representatives, may, at any time
14within five years after such sale, cause judgment to be entered
15in said court upon said bond, in the name of said treasurer, for
16the use of said owners, their heirs, assigns or legal
17representatives, as the case may be. In case the moneys
18mentioned in said bonds, with legal interest thereon from the
19time it is demanded, be not paid within three months after such
20entry, execution may forthwith issue for the recovery thereof.]

21Section 218. Section 2551 of the act, amended August 17,
221951 (P.L.1262, No.299), is repealed:

23[Section 2551. Acknowledgment and Delivery of Deeds.--When
24the purchaser has paid the amount of his bid, or such portion
25thereof as he is required to pay under this subdivision, and has
26given the surplus bond as above required, the city treasurer
27shall make the said purchasers, his or their heirs or assigns, a
28deed in fee simple for the lands sold, as aforesaid, and the
29said deed or deeds duly acknowledge in the court of common
30pleas. Such acknowledgment shall be duly entered and recorded by

1the prothonotary of said court in the treasurer's deed book. For
2such service and the entry of the report of the city treasurer,
3and filing surplus bond, the prothonotary shall receive the sum
4of one dollar and fifty cents for each property sold.]

5Section 2194. Section 2552 of the act is repealed:

6[Section 2552. Acknowledgment of Receipt of Redemption
7Money.--Where the owner or other person interested in the land
8thus sold shall redeem the same, and pay the satisfaction fee,
9the city treasurer shall acknowledge the receipt of the
10redemption moneys upon the margin of the acknowledgment of the
11treasurer's deed, as the same is entered and recorded in the
12prothonotary's office. Thereafter said deed shall be void and of
13no effect. Thereupon such owner or persons interested shall be
14entitled to have the treasurer's deed delivered up to him, her
15or them by the purchaser for cancellation. The city treasurer
16shall pay to said purchaser all the moneys he had paid at the
17time of sale, together with the twenty-five per centum penalty
18thereon; and shall enter upon the book of sales kept by him, as
19hereinbefore provided, an acknowledgment or receipt showing that
20the owner or party interested redeemed the same, giving date of
21redemption and amount of money received.]

22Section 220. Article XXV subdivision (d) heading and section
232560 of the act are repealed:

24[(d) City Sales of Real Estate Purchased from Tax Claim Bureau

25Section 2560. Real Estate Purchased from Tax Claim Bureau.--
26Any city may, by ordinance, sell in the manner hereinafter
27provided, any real estate owned by the city which has been
28acquired by the city by purchase from a tax claim bureau at
29public sales held by said bureau pursuant to the provisions of
30the Real Estate Tax Sale Law, its amendments and supplements,

1upon which real estate the city held at the time of such sale a
2lien or liens for municipal improvements.]

3Section 221. Section 2561 of the act, amended April 6, 1998
4(P.L.236, No.44), is repealed:

5[Section 2561. Sale Procedure.--(a) After an ordinance has
6been passed authorizing and directing the sale of real estate as
7provided for in section two thousand five hundred sixty, the
8city treasurer shall advertise such proposed sale once a week
9for three successive weeks in at least one newspaper of general
10circulation in the city. The advertisement shall give a brief
11description of the property to be sold sufficient to identify it
12as to location and character, and the terms and conditions of
13sale shall ask for sealed bids for the purchase thereof, direct
14all bids to be sent to the city clerk on or before a certain
15date, and give any other information relating to such bids as
16may be necessary; shall announce that the bids shall be opened
17and read at a public meeting of council to be held at a time
18fixed, and that council shall have the right to reject any and
19all bids. In lieu of the above contents of the advertisement,
20the advertisement may give a brief description of the property
21to be sold, sufficient to identify it as to location and
22character, and provide for a public sale of the property to the
23highest responsible bidder, at such time and place as shall be
24designated by council, with the right reserved to council to
25reject any and all bids.

26(b) A city that elects to sell property to a nonprofit
27corporation for community development or reuse may waive the
28advertising and bidding requirements of subsection (a) only upon
29entering into a written agreement with the nonprofit corporation
30that requires the property to be used for industrial, commercial

1or affordable housing purposes. This exemption shall not apply
2to property on which existing governmental functions are
3conducted.]

4Section 222. Section 2562 of the act is repealed:

5[Section 2562. Delivery of Deed.--If council accepts the
6highest responsible bid for such property, the city treasurer
7shall, within twenty days after such acceptance and upon the
8receipt of the purchase money, deliver to the successful bidder,
9his heirs or assigns, a deed in fee-simple for the property sold
10as aforesaid, which shall be acknowledged by the mayor and
11attested by the city clerk.]

12Section 223. The act is amended by adding a section to read:

13Section 2562.1. Conduct of Tax Sales.--The procedures and
14requirements relating to the sale of property for delinquent
15taxes, including, but not limited to, the advertisement for and
16the time and conduct of the sale, the payment of the purchase
17price and the distribution of proceeds, making the return and
18confirmation of sale and the delivery of deed shall be governed
19by the act of July 7, 1947 (P.L.1368, No.542), known as the
20"Real Estate Tax Sale Law," or the Municipal Claim and Tax Lien
21Law as utilized by the city in accordance with section 2542.1,
22and by any applicable rules of court governing procedures for
23tax sales.

24Section 224. Article XXVI heading of the act is reenacted to
25read:

26ARTICLE XXVI

27LICENSES AND LICENSE FEES

28Section 225. Article XXVI subdivision (a) heading of the act
29is repealed:

30[(a) General Powers to License]

1Section 226. Section 2601 of the act, amended October 4,
21978 (P.L.950, No.188), is amended to read:

3Section 2601. [License Taxes for Revenue Purposes.--Council
4may, by ordinance, levy and collect a license tax for general
5revenue purposes, not exceeding one hundred dollars each,
6annually, on all photographers, auctioneers, contractors,
7druggists, hawkers, peddlers, produce or merchandise vendors,
8bankers, brokers, other than real estate brokers, undertakers,
9pawnbrokers, trading stamp or premium companies or dealers,
10warehouses or storage houses or places, parking lot operators,
11merchants of all kinds, persons selling or leasing goods upon
12installments, grocers, confectioners, butchers, wholesale meat
13dealers, restaurants, billiard parlors, bowling alleys, billiard
14tables, pool tables, and other gaming tables and devices; all
15motor buses and motor omnibuses, trackless trolley omnibuses and
16street railway cars transporting passengers for pay or hire
17within the limits of the city, or from such city only to points
18within a radius of ten miles of the city's boundaries; all
19skating rinks, operas, theatres, shows, circuses, menageries,
20and all kinds of public exhibitions for pay, except those for
21religious, educational or charitable purposes; all lumber
22dealers, persons who work on commission and all persons who make
23a business of buying lumber for sale at wholesale or retail; all
24furniture dealers, saddle or harness dealers, stationers,
25jewelers, livery or automobile or boarding-stable keepers; all
26market-house companies and owners of market-houses, garage
27companies, and owners of other than private garages, express
28companies or agencies; and all persons operating vehicles upon
29the streets of the city as carriers for hire or compensation,
30which persons regularly pick up or deliver or otherwise

1transport wholly within or to or from the city property at an
2annual rate not in excess of ten dollars per vehicle so used,
3but not to exceed one hundred dollars per annum from any person
4so operating: Provided, however, That in lieu thereof, the city
5may levy an annual license tax not in excess of one hundred
6dollars upon any such person having a place of business located
7within the city; and, where no other license tax is imposed, on
8telegraph, telephone, steam-heating, gas, natural gas, water,
9electric light or power companies, or agencies or individuals
10furnishing communication, light, heat or power, by any of the
11means enumerated, and to regulate the collection of the same. If
12any person, firm or corporation conducts a business at more than
13one location in a city, the business conducted at each location
14shall be considered and assessed as a separate and independent
15business, and shall be subject to a license tax: Provided, That
16the word "business," as used in this sentence, shall not be
17construed to mean or include any place of business at which the
18principal business conducted is that of selling, storing or
19distributing products manufactured by the firm, person or
20corporation operating the business. The taxes assessed under
21this section shall be in addition to all other taxes levied and
22collected by the city, county, or Commonwealth.] Licensing and 
23Regulatory Powers.--In addition to all other powers granted by 
24this act and other laws, each city shall have the specific 
25licensing and regulatory authority provided by this article.

26Section 227. The act is amended by adding a section to read:

27Section 2601.1. Registration of Businesses or Occupations.--
28(a) Council may, by ordinance, designate the types or kinds of
29businesses or occupations located or carried out within the city
30that are subject to annual registration with the city.

1(b) Unless otherwise provided in this article, an ordinance
2requiring registration in accordance with this section may
3provide for an annual fee on businesses and occupations in an
4amount reasonably related to the administration of the
5registration program, not to exceed one hundred dollars.

6Section 228. Sections 2602 and 2603 of the act are amended 
7to read:

8Section 2602. Regulation of Motor Vehicles.--[Each city may
9regulate the transportation by motor vehicles not operated on
10tracks of passengers or property, for pay, within the limits of
11the city, or from points in the city to points beyond the limits
12of the city. In such regulation, the city may impose reasonable
13license fees, make regulations for the operation of vehicles,
14and may designate certain streets upon which such vehicles may
15only be operated.] (a) Subject to subsection (b), a city may 
16regulate transportation by motor vehicle.

17(b) A city shall have no authority to, and shall not,
18regulate transportation by motor vehicle in a manner that is
19preempted by or is inconsistent with applicable Federal and
20State laws and regulations, policies or orders of Federal and
21State regulatory agencies.

22(c) The following words and phrases when used in this
23section shall have the meanings given to them in this subsection
24unless the context clearly indicates otherwise:

25"Regulate." Licensing and making regulations for
26transportation by motor vehicle, including the designation of
27streets for transportation by motor vehicle.

28"Transportation by motor vehicle." The transportation, for
29pay, of passengers and property, within the limits of the city
30or from points in the city to points beyond the limits of the

1city, by a motor vehicle which is not operated on tracks.

2Section 2603. Licensing of Plumbers.--Council may license 
3and provide for the collection of a license fee from all 
4persons, [copartnerships] partnerships, associations, or 
5corporations engaged or engaging in the business or work of 
6plumbing or house drainage, who shall have been certified as 
7being qualified to engage in such business, in such manner as 
8may be provided by ordinance or the laws of the Commonwealth.

9Section 229. The act is amended by adding sections to read:

10Section 2604. Power to Regulate and License Transient
11Merchants.--(a) With regard to transient merchants, a city
12shall have power, by ordinance, to regulate and license the
13transient merchant, including, but not limited to, requiring
14that a license be procured prior to commencement of transient
15merchant activity.

16(b) An ordinance adopted pursuant to subsection (a) may
17impose a penalty not exceeding five hundred dollars for a
18violation of its provisions and may provide for other means of
19enforcement.

20(c) The amount of a transient merchant license shall not
21exceed two hundred fifty dollars for each month, or fractional
22part thereof, during which any sale or solicitation is
23continued.

24(d) (1) The term "transient merchant" as used in this
25section shall include all of the following:

26(i) Transient wholesale and transient retail businesses for
27the sale of goods, wares or merchandise within the city.

28(ii) Transient charitable solicitors for the solicitation of
29charitable contributions within the city.

30(2) The term shall not include any of the following:

1(i) Farmers selling their own produce.

2(ii) Persons selling donated goods, wares and merchandise if
3the proceeds of the sale are to be applied to any charitable or
4philanthropic purpose.

5(iii) A person selling bakery products, meat and meat
6products or milk and milk products, if that person is the
7manufacturer or producer of the products sold.

8Section 2605. Regulation of Special Events.--(a) In
9addition to other licensing and regulatory powers authorized in
10this article, council shall have the authority, by ordinance, to
11require a permit for and to reasonably regulate the conduct of a
12special event, which may include, but is not limited to, a music
13festival, concert, dance, circus, carnival, arts and craft show,
14parade, public assembly, demonstration, performance, exhibition,
15community event or block party.

16(b) Regulation of a special event pursuant to this section
17shall be for the purpose of protecting and preserving city and
18public property or for the purpose of promoting or protecting
19the public health, safety or welfare.

20(c) Pursuant to this section a city may reasonably regulate
21and require a permit for any of the following:

22(1) A special event that will result in the obstruction of a
23city street or sidewalk or that would compromise the ability of
24the city to respond to a public safety emergency.

25(2) A special event on any property wholly or partially
26owned or maintained by the city.

27(3) A special event on private property, if, in
28connection with the event, the city will be providing city
29services, including those relating to public safety, fire and
30sanitary facilities, to a degree over and above that which the

1city routinely provides.

2Section 230. Article XXVI subdivision (b) heading, sections
32610, 2611 and 2612, subdivision (c) heading, sections 2620,
42621 and 2622, subdivision (d) heading, sections 2630, 2631,
52632, 2633, 2634, 2635, 2636, 2637, 2638, 2639 and 2640 and
6subdivision (e) heading of the act are repealed:

7[(b) Restrictions

8Section 2610. Farmers.--No city shall levy or collect any
9license fee from any farmer upon his sales of his own produce in
10or about the streets of the city, but this provision shall not
11be deemed to restrict in any other way a city's power to
12regulate the conduct of such business.

13Section 2611. Insurance Business.--No city shall levy or
14collect any license fee upon insurance companies or their
15agents, or insurance brokers, authorized to transact business
16under the laws of the Commonwealth.

17Section 2612. Persons Taking Orders by Samples.--No city
18shall levy or collect any license fee or mercantile tax upon
19persons taking orders for merchandise by sample, from dealers or
20merchants for individuals or companies who pay a license or
21mercantile tax at their chief places of business. Nothing in
22this section shall authorize any person to sell by retail to
23others than dealers or merchants.

24(c) Transient Retail Merchants

25Section 2620. Power to Regulate and License.--Every city
26shall have power, by ordinance, to regulate and license each and
27every transient wholesale and retail business within such city
28for the sale of goods, wares, or merchandise, and to prohibit
29the commencement or doing of any such business until or unless
30the license required by such ordinance has been procured from

1the proper authorities by the person, firm or corporation
2desiring to commence such transient wholesale and retail
3business, and to enforce such ordinances by penalties not
4exceeding three hundred dollars and by other appropriate means.
5The amount of such license shall not exceed two hundred dollars
6for each month, or fractional part thereof, during which any
7such sale is continued.

8Section 2621. Exceptions.--Nothing contained in this
9subdivision (c) shall be construed to apply (1) to farmers
10selling their own produce, (2) to the sale of goods, wares, and
11merchandise, donated by the owners thereof, the proceeds whereof
12are to be applied to any charitable or philanthropic purpose, or
13(3) to any manufacturer or producer in the sale of bread and
14bakery products, meat and meat products, or milk and milk
15products.

16Section 2622. Commonwealth License Saved.--Nothing contained
17in this subdivision (c) shall be construed to relieve any
18person, partnership, or corporation from the duty of taking out
19a license, or from the payment of any license tax imposed or
20authorized by any other statute of this Commonwealth.

21(d) Public Dances and Dance Halls

22Section 2630. Definitions.--The term "public dance" or
23"public ball," as used in this subdivision (d), shall be taken
24to include any dance or ball conducted in connection with
25instruction in dancing for hire, and any dance or ball to which
26admission may be had by the payment of a fee or by the purchase,
27possession, or presentation of a ticket or token, or in
28connection with which a charge is made for caring for clothing
29or other property, and any dance or ball to which the public
30generally may gain admission with or without the payment of a

1fee.

2The term "dance hall" or "ball room," as used in this
3subdivision, shall be taken to include any room, place, or space
4in which a public dance or public ball, as herein defined, shall
5be held, and any room, hall, or academy in which classes in
6dancing are held and instruction in dancing is given for hire.

7Section 2631. Permits for Dances; Fees.--No person, persons,
8society, club, or corporation shall hold a public dance or
9public ball, within the limits of any city, without having first
10obtained a permit therefor from the mayor thereof, except for
11dances held and conducted by regularly established instructors
12in dancing in connection with such instruction.

13The fee for such permit, which shall be paid at the time of
14the issuing thereof, shall be one dollar for each public dance
15or ball.

16Section 2632. Dance Halls, Ball Rooms, and Academies to be
17Licensed; Fees.--It shall be unlawful to hold or conduct any
18public dance or public ball, or to hold or conduct classes in
19dancing, or to give instructions in dancing for hire, in any
20hall, ball room, or academy, within the limits of any city,
21unless the dance hall or ball room or academy, in which the same
22may be held, shall have been duly licensed for such purpose.

23Application for such license shall be made by the proprietor
24of such dance hall or ball room or academy to the mayor, who is
25hereby authorized to issue the same.

26The fee payable for each such license granted hereunder shall
27be as follows:

28In the case of dance halls maintained and conducted in
29connection with regularly established instruction in dancing,
30and exclusively used in such connection, the annual license fee

1shall be ten dollars.

2In the case of all other dance halls and ball rooms, the
3annual license fee shall be fifteen dollars.

4Each license granted hereunder shall expire on the first day
5of June of each year.

6The fee payable for each license granted hereunder shall be
7for the whole or any portion of a calendar year, and all moneys
8received by way of license fees hereunder shall be paid into the
9general fund of the city.

10Every licensed public dance hall or ball room or academy
11shall post its license in a conspicuous place within the hall
12where the dance is held.

13Section 2633. Mayor to Investigate Applications.--It shall
14be the duty of the mayor to cause an investigation of all
15applications for public dance hall or ball room licenses to
16determine whether or not the dance hall, ball room, or academy,
17sought to be licensed, complies with the rules, regulations,
18ordinances, and laws applicable thereto, and, in making such
19investigation he shall, when desired, have the assistance of any
20department of the government of the city.

21Section 2634. Safe and Proper Places only to be Licensed.--
22No license for a public dance hall or ball room or academy shall
23be issued until it shall be ascertained that the place for which
24it is issued complies with and conforms to all laws, ordinances,
25health and fire regulations, applicable thereto, and is a safe
26and proper place for the purpose for which it shall be used,
27properly ventilated, and supplied with sufficient toilet
28conveniences.

29Section 2635. Revocation of Licenses.--The license of any
30public dance hall or ball room or academy may be forfeited or

1revoked by the mayor for disorderly or immoral conduct on the
2premises, or upon proof that the dance hall, ball room, or
3academy was frequented by disorderly or immoral persons, or for
4the violation of any of the rules, regulations, ordinances, and
5laws governing or applying to public dance halls, ball rooms, or
6academies, or public dances. If at any time the license of a
7public dance hall, ball room, or academy shall be forfeited or
8revoked, at least three months shall elapse before another
9license or permit shall be granted for dancing on the same
10premises.

11Section 2636. Licensed Places to be Kept Clean.--All public
12dance halls or ball rooms or academies shall be kept at all
13times in a clean, healthful, and sanitary condition, and all
14stairways and other passages and all rooms connected with public
15dance hall, ball room, or academy shall be kept open and well
16lighted.

17Section 2637. Inspection of Licensed Places; Power of Police
18to Vacate.--All public dance halls, ball rooms, and academies
19shall be subject to inspection by the police department of the
20city at all reasonable times and whenever they are open for
21dancing, instruction in dancing, or for any other purpose.

22Any police officer shall have the power to cause the place,
23hall, or room where any public dance or ball is given to be
24vacated whenever any provision of any law or ordinance with
25regard to public dances and public balls is being violated, or
26whenever any indecent act shall be committed, or when any
27disorder of a gross, violent or vulgar character shall take
28place therein.

29Section 2638. Persons Under Sixteen to be Excluded after
30Nine O'clock Post Meridian.--It shall be unlawful, after nine

1o'clock post meridian, to permit any person to attend or take
2part in any public dance who has not reached the age of sixteen
3years.

4Section 2639. Halls to be Closed at One O'clock Ante
5Meridian.--All public dances shall be discontinued, and all
6public dance halls shall be closed, on or before the hour of one
7o'clock ante meridian: Provided, however, That upon the
8application of a bona fide organization or society, and upon an
9investigation by the proper authority, the mayor may grant such
10organization or society a permit to continue a dance until two
11o'clock ante meridian.

12Section 2640. Penalties.--Any person, persons, society,
13club, or corporation who shall violate any of the provisions of
14this subdivision (d), shall be subject to a penalty of twenty-
15five dollars, to be recovered with costs in a summary
16proceeding.

17(e) Parking Lots for Profit]

18Section 231. Section 2650 of the act, amended October 5,
191979 (P.L.195, No.64), is amended to read:

20Section 2650. Regulation[; Revenue; Bonding] of Parking Lot 
21and Parking Garage Operators.--(a) For the purposes of
22protecting the public [and of raising revenue], each city may
23enact suitable ordinances regulating the business of operating
24[for profit] for-profit parking lots and for-profit parking 
25garages within the city [and may require such lots to reserve
26areas exclusively for parking by handicapped individuals.
27License or permit fees may be charged and collected from the
28operators of such parking lots]. Ordinances shall be consistent 
29with 75 Pa.C.S. (relating to vehicles). Each city may require 
30for-profit parking lots and for-profit parking garages to
 

1reserve areas exclusively for parking by handicapped 
2individuals. Nothing in this section shall be construed to limit 
3the protections and prohibitions contained in section 202 of the 
4Americans with Disabilities Act of 1990 (Public Law 101-336, 104 
5Stat. 327), the act of October 27, 1955 (P.L.744, No.222), known 
6as the "Pennsylvania Human Relations Act," and the Federal and 
7State rules and regulations adopted in implementation of those 
8acts. License and permit requirements may be imposed on for-
9profit parking lots and for-profit parking garages and license 
10or permit fees may be charged and collected from the operators 
11thereof.

12(b) Any city adopting [such] a regulatory plan [shall
13require from each operator a bond to be approved by council for
14the protection of the public from loss of or damage to the
15vehicles parked, stored or placed under the jurisdiction of such
16parking lot operator.] applicable to for-profit parking lots and 
17for-profit parking garages shall have the authority to require 
18that each operator maintain insurance, from an insurer legally 
19authorized to conduct business in this Commonwealth, in amounts 
20not less than that which is prescribed by council for the 
21protection of the public from loss of or damage to the vehicles 
22parked, stored or placed under the jurisdiction of the operator 
23and against liability arising out of the ownership or use of the 
24parking lot or parking garage.

25Section 232. The act is amended by adding sections to read:

26Section 2651. Farmers.--No city shall levy or collect any
27license fee from any farmer upon sales of the farmer's own
28produce in or about the streets of the city. This section shall
29not restrict in any other way a city's power to regulate the
30conduct of a farmer's business.

1Section 2652. Insurance Business.--No city shall levy or
2collect any license fee upon insurance companies or their
3agents, or insurance brokers, authorized to transact business
4under the laws of this Commonwealth.

5Section 2653. Persons Taking Orders By Samples.--No city
6shall levy or collect any license fee or mercantile tax upon
7persons taking orders for merchandise by sample, from dealers or
8merchants for individuals or companies who pay a license or
9mercantile tax at their chief places of business. Nothing in
10this section shall authorize a person to sell by retail to
11persons other than dealers or merchants without payment of a
12license or permit fee.

13Section 2654. Commonwealth License Saved.--Nothing contained
14in this article shall be construed to relieve any person,
15partnership or corporation from the duty of taking out a license
16or from the payment of any license tax or fee imposed or
17authorized by any other statute, nor shall any Commonwealth
18license tax or fee preempt the registration, license or
19regulatory powers of a city in accordance with this article,
20unless the preemption is expressly authorized.

21Section 233. Article XXVII heading of the act is amended to
22read:

23ARTICLE XXVII

24[INDEBTEDNESS] REAL ESTATE REGISTRY

25Section 234. Sections 2701 and 2703 of the act are repealed:

26[Section 2701. No Unauthorized Debt to be Created.--No city
27and no municipal department thereof shall create any debt,
28except in pursuance of previous authority of law or ordinance.

29Section 2703. Liability in Bond Transfers.--All certificates
30of loans, issued by a city, shall be transferable by the legal

1owners thereof without any liability on the part of the transfer
2agents of the city to recognize or see to the execution of any
3trust, whether expressed or implied, or constructive, to which
4such loans may be subject, unless such transfer agents of the
5city shall have previously received notice, in writing, signed
6by or on behalf of the person for whom such loans appear by the
7certificate thereof to be held in trust, that the proposed
8transfer would be a violation of such trust.]

9Section 235. The act is amended by adding a section to read:

10Section 2704. Real Estate Registry.--(a) For the purpose of
11procuring accurate information in reference to the ownership of
12all real estate, the council of each city may provide, by
13ordinance, for a real estate registry in accordance with the act
14of October 9, 2008 (P.L.1400, No.110), known as the "Uniform
15Municipal Deed Registration Act." If required by the ordinance,
16every owner, subsequent purchaser, devisee or person acquiring
17title by partition or otherwise to any real estate in the city
18shall furnish, at the designated city office, descriptions of
19their respective properties upon blanks to be furnished by the
20city and, at the same time, present their conveyance to be
21stamped by the designated city official or employe, without
22charge, as evidence of its registration. A person who fails to
23register real estate as required by this article shall be liable
24for a penalty established by ordinance to be recovered, with
25costs of suit, in the name and for the use of the city, as
26penalties for the violation of city ordinances are recoverable.

27(b) A registry established in accordance with this article
28shall be in the form provided by council and may include books,
29maps and plans. The registry shall show the location and
30dimensions of each property in the city, as well as the street

1number of and the name of the owner or owners of the properties,
2and shall allow for the inclusion of the names of future owners
3and dates of future transfer of title.

4(c) A city official or employe charged with acquiring
5information necessary to establish and maintain the registry
6shall have free access, without charge, to any of the public
7records wherein the information may be obtained. The official or
8employe may also cause search to be made in any other place for
9any documentary or other evidence of title, not reported to the
10city official or employe pursuant to this article, if it is
11necessary for the completion of the registry.

12(d) The registry shall be preserved in the manner council
13shall designate, in accordance with 53 Pa.C.S. Ch. 13 Subch. F
14(relating to records).

15(e) The official or employe charged with the duty of
16maintaining the registry shall provide certified copies of any
17of the entries thereto, and the copies shall be received in
18evidence in the same manner as the original registry would be
19admissible. Certified copies also shall be furnished to any
20person for a reasonable fee.

21(f) The sheriff of the county in which the city is situated
22shall present for registry the deeds of all properties within
23the city limits sold by the sheriff at judicial sales, whether
24by execution, in partition or otherwise.

25(g) Each city's registry may be used as the lawful and
26proper source of property owners' or reputed owners' names for
27all lawful purposes including the filing of municipal claims.

28(h) Nothing in this section shall invalidate any municipal
29or tax claim by reason of the fact that the same is not assessed
30or levied against the registered owner.

1Section 236. The act is amended by adding an article to
2read:

3ARTICLE XXVII-A

4NUISANCE ABATEMENT

5Section 2701-A. Definitions.

6The following words and phrases when used in this article
7shall have the meanings given to them in this section unless the
8context clearly indicates otherwise:

9"Abatement." The removal, stoppage or destruction by any
10reasonable means of that which causes or constitutes a public
11nuisance.

12"Department." The department designated by the city council
13to determine the existence of and to abate a public nuisance in
14accordance with this article.

15"Owner." With regard to the property on which the alleged
16public nuisance exists, the owner of record based upon the
17city's real estate registry, if the city maintains a registry,
18or if the city does not maintain a real estate registry, on the
19tax assessment records of the city, if any, or of the county in
20which the city is located. The term may include any person in
21whom is vested all or any part of the legal or equitable title
22to the property or who has charge, care or control of the
23property as agent, executor, administrator, assignee, receiver,
24trustee, guardian, lessee or mortgagee in possession.

25"Property." Any personal property or any real property and
26any improvements thereto.

27"Public nuisance."

28(1) Any conduct or any property, or condition or use of
29property, defined or declared to be a public nuisance under
30any provision of this act or other law.

1(2) Conduct or property, or the condition or use of
2property if the department determines that it endangers the
3health or safety of, or causes any hurt, harm, inconvenience,
4discomfort, damage or injury to, any person or property in
5the city, by reason of the conduct or property, or the
6condition or use of the property, being any of the following:

7(i) A menace, threat or hazard to the general health
8and safety of the community.

9(ii) A fire hazard.

10(iii) A building or structure that is unsafe for
11occupancy or use.

12(iv) Property that is so inadequately or
13insufficiently maintained that it diminishes or
14depreciates the enjoyment and use of other property in
15its immediate vicinity to such an extent that it is
16harmful to the community in which the property is
17situated.

18(3) Unauthorized accumulations of garbage and rubbish
19and the unauthorized storage of abandoned or junked
20automobiles or other vehicles on private or public property,
21and the carrying on of any offensive manufacture or business.

22"Summary abatement." Abatement of a public nuisance by the
23city without prior notice to the owner of the property in
24accordance with this article.

25Section 2702-A. Report and investigation of public nuisance.

26(a) Designation of department.--Council shall designate the
27department to which reports of the existence of a possible
28public nuisance shall be made.

29(b) Criteria for investigating reports.--The designated
30department shall establish criteria for investigating reports

1made to it to determine the existence of a public nuisance. The
2reports may be submitted by any member of the public, any city
3employee or elected or appointed city official or result from
4inspections made by the department.

5(c) Notification.--If the department, either as a result of
6a report made to it or an investigation made by it, reasonably
7believes the reported property involves a building which appears
8to be structurally unsafe, it shall notify the city's building
9inspector or other appropriate official who shall cause the
10property to be inspected, subject to constitutional standards in
11a similar manner as provided in section 2308, and submit a
12written report to the department.

13(d) Determination.--Upon completing its investigation and
14receiving any written reports required by subsection (c), the
15department shall determine all of the following:

16(1) If a public nuisance exists.

17(2) If the public nuisance is of such a severe and
18substantial nature that it presents a clear, immediate and
19substantial danger to public health or safety or to the
20health or safety of any occupant of a property on which a
21public nuisance exists or of any property in the vicinity of
22the public nuisance, that it is sufficient to justify
23extraordinary and immediate action without prior notice to
24the owner of the property to avoid personal injury, death or
25substantial loss of property.

26(e) Retention of records.--Following an investigation, the
27department shall retain a copy of its findings including any
28reports made to it and any photographs of the property or
29condition investigated, pursuant to 53 Pa.C.S. Ch. 13 Subch. F
30(relating to records).

1Section 2703-A. Summary abatement.

2(a) General rule.--A city shall have the power to utilize
3summary abatement in accordance with this section.

4(b) Conditions.--In the case of a reported public nuisance,
5the department shall have authority to utilize summary abatement
6if all of the following occur:

7(1) The department determines the existence of the
8criteria in section 2702-A(d)(1) and (2).

9(2) The mayor, or the mayor's designee, provides express
10authorization to utilize summary abatement.

11(c) Notice not required.--If summary abatement is
12implemented pursuant to subsection (b), the department shall
13have the authority to enter upon the property for the purpose of
14abatement without prior notice to the owner of the property or
15to the holders of liens thereon.

16(d) Procedure.--The following shall apply:

17(1) Within ten days following a summary abatement, the
18department shall post on the property upon which the
19abatement has occurred a notice describing the action taken
20to abate the nuisance.

21(2) Within 20 days following a summary abatement, the
22department shall determine the identity of the owner of the
23property by reference to the city's real estate registry, if
24the city maintains a registry, or in the absence of a
25registry, by reference to county assessment records and the
26identity of the holders of all liens upon the property which
27are properly indexed among the records of the county and
28provide to the owner and to all lienholders written notice,
29by first class mail or hand delivery, of the action taken to
30abate the nuisance.

1(3) Within 30 days following a summary abatement, the
2department shall file with the city treasurer or other
3financial officer of the city designated by council a
4statement of costs of the abatement, which shall include the
5administrative fee and civil penalty provided by this
6article. After filing with the city treasurer, notice of the
7statement of costs shall be provided to the owner and
8lienholders in accordance with section 2704-A(b).

9Section 2704-A. Prior notice of abatement.

10(a) Abatement authority.--The department shall have the
11authority to abate a public nuisance with prior notice as
12provided by this section if, after inspecting the property or
13condition reported to be a public nuisance, subject to
14constitutional standards in a similar manner as provided in
15section 2308, the department determines, as provided for in
16section 2702-A(d)(1), that the public nuisance exists.

17(b) Method of notice.--

18(1) If the department proceeds with abatement pursuant
19to this section, it shall identify the owner of the property
20by reference to the city's real estate registry, if the city
21maintains a registry, or in the absence of a registry, by
22reference to county assessment records, and shall immediately
23serve a written notice on the owner by any of the following
24methods:

25(i) Personal service.

26(ii) Leaving a copy of the notice at the usual place
27of residence or business of the owner or the address of
28the owner shown in the city's real estate registry or in
29the records in the office of the recorder of deeds.

30(iii) Mailing a copy by United States certified

1mail, return receipt requested, to the owner at the
2owner's current address shown in the city's real estate
3registry or in the records in the office of the recorder
4of deeds.

5(2) If service of the written notice is unable to be
6perfected by any of the methods under paragraph (1), the
7department shall publish a copy of the notice in a newspaper
8of general circulation once a week for two consecutive weeks
9and shall provide a copy of the notice to the individual in
10possession of the property on which the department has
11determined that the public nuisance exists, or if there is no
12individual in possession of the property, the department
13shall post a copy of the notice at the structure, location or
14premises.

15(3) The department shall determine from the records in
16the offices of the recorder of deeds the identities of all
17lienholders of the property and serve a written notice on all
18lienholders by United States certified mail, return receipt
19requested.

20(c) Contents of notice.--The notice to the owner and
21lienholders shall state clearly and concisely the findings and
22determination of the department with respect to the existence of
23a public nuisance. The notice shall further state that the
24public nuisance shall be abated by the city at the expense of
25the owner unless it is otherwise abated within 30 days of the
26notice or within any extension of that period granted by the
27department.

28(d) Liability.--A person who is the owner of the premises,
29location or structure at the time a notice to abate a public
30nuisance is issued and served upon the person shall be

1responsible for complying with the notice and shall be liable
2for any costs incurred by the city in connection with the
3notice, notwithstanding if the person conveyed the person's
4interest in the property to another after the notice was issued
5and served.

6(e) Defense.--It shall not be a defense to the determination
7that a public nuisance exists that the property is boarded up or
8otherwise enclosed.

9Section 2705-A. Abatement by owner.

10(a) Duty of owner.--Within 30 days after written notice has
11been provided pursuant to section 2704-A(b)(1) or (2), the owner
12shall remove and abate the nuisance.

13(b) Extension.--The department, upon written application by
14the owner within the 30-day period referred to in subsection
15(a), may grant additional time for the owner to effect the
16abatement of the public nuisance, if the extension is limited to
17a specific time period.

18Section 2706-A. Appeal after notice; hearing.

19(a) Hearing.--A city shall, by ordinance, provide a
20procedure pursuant to which an owner of the property who has
21been served with a notice pursuant to section 2704-A(b)(1) or
22(2) may request and have a timely hearing on the question of
23whether a public nuisance in fact exists.

24(b) Appeal board.--Council, or a committee of three council
25members appointed by council, shall constitute the public
26nuisance appeals board which, if an appeal is taken, shall
27conduct the hearing on the question of whether a public nuisance
28in fact exists. The appeals board may uphold, amend or modify
29the determination of the department or extend the time for
30compliance with the department's order if the extension is

1limited to a specific time period.

2(c) Time limitations.--An appeal under this section shall
3toll the running of the period of time within which the nuisance
4is to be abated until a decision is rendered by the appeals
5board.

6Section 2707-A. Abatement by city after notice; statement of
7costs.

8If a public nuisance has not been abated at the expiration of
930 days after notice has been provided or within the additional
10time as the department or appeals board may grant, taking into
11consideration the provisions of section 2706-A(c), the
12department shall have the authority to enter upon the property
13for the purpose of abatement. Upon abatement in accordance with
14this section, the department shall file with the city treasurer
15or other financial officer of the city designated by council a
16statement of costs of the abatement which shall include the
17administrative fee and civil penalty provided by this article.

18Section 2708-A. Assistance in abatement.

19In abating a public nuisance, the department may call upon
20any of the city departments or divisions for whatever assistance
21shall be deemed necessary or may abate the public nuisance by
22private contract.

23Section 2709-A. Salvage of material.

24If deemed practicable by the department, the department may
25salvage and sell at private or public sale any material derived
26from an abatement of a public nuisance. Pursuant to ordinance,
27all of the following shall apply to the proceeds obtained from
28the sale of any material salvaged as a result of an abatement:

29(1) The proceeds shall be deposited as directed by
30ordinance.

1(2) The proceeds may be applied against the amount of
2the costs, fees and penalties relating to the abatement.

3(3) If the amount of the proceeds exceeds the amount of
4the costs, fees and penalties, any excess shall be paid to
5the owner.

6Section 2710-A. Notice of assessment; appeal of charges.

7(a) Notice of assessment.--Upon receipt of the statement of
8costs from the department, either for a summary abatement
9pursuant to section 2703-A or for an abatement with notice
10pursuant to section 2704-A, the treasurer or other financial
11officer of the city designated by council shall, in accordance
12with section 2704-A(b), give notice of the amount set forth in
13the statement of costs to the owner and lienholders of the
14property upon which the public nuisance has been abated. The
15notice shall state that the city proposes to assess against the
16property the amount set forth in the notice and that objections
17to the proposed assessment must be made in writing and received
18by the designated officer within 20 days from the date of
19mailing the notice.

20(b) Lien.--Upon the expiration of the 20-day period, if no
21written objections have been received by the officer, the total
22amount of costs, fees and penalties specified in the statement
23of costs may be entered as a lien against the property on which
24the nuisance was abated and shall be collected in the manner
25provided for the collection of municipal claims and liens,
26subject to rights of appeal provided in this section.

27(c) Administrative review.--If objections of the owner or a
28lienholder are received by the designated officer prior to the
29expiration of the 20-day period, the officer shall refer the
30matter to the department for administrative review.

1(d) Procedure.--The city shall, by ordinance, provide a
2procedure by which the department shall make a determination
3regarding any timely filed objection and by which an appeal of
4the department's determination may be made to the appeals board
5referred to in section 2706-A(b).

6(e) Final administrative decision.--The determination of the
7appeals board shall be a final administrative decision within
8the city.

9(f) Reduction or cancellation of assessment.--The
10department, in administrative review, or the appeals board, on
11appeal, may reduce or cancel a proposed assessment if it is
12determined that any of the following did not conform to the
13provisions of this article:

14(1) The notice to remove the nuisance.

15(2) The work performed in abating the nuisance.

16(3) The computation of charges.

17(g) Elimination of civil penalty.--The department, in
18administrative review, or the appeals board, on appeal, may
19reduce a proposed assessment by eliminating the civil penalty
20portion of the statement of costs if any of the following
21applies:

22(1) The current owner did not own the property at the
23time the notice required in section 2703-A was posted.

24(2) The owner did not receive the notice to remove the
25nuisance, did not have knowledge of the nuisance and could
26not, with the exercise of reasonable diligence, have had
27knowledge of the nuisance.

28Section 2711-A. Personal liability of owner.

29Notwithstanding the right of the city to utilize in rem
30proceedings to pursue collection of the costs, fees and

1penalties in the statement of costs as a municipal claim, the
2person who is the owner of the property at the time of a summary
3abatement at which the notice required is given or, in the case
4of an abatement pursuant to section 2704-A, the person who was
5the owner of the property at the time notice of the existence of
6the public nuisance was given, shall be personally liable for
7the amount of the assessment, including all interest, other
8charges and, except as provided in section 2710-A(g), civil
9penalties.

10Section 2712-A. Administrative fee and civil penalties.

11Whenever a public nuisance is abated by the city, the
12statement of the costs of the public nuisance shall include the
13city's actual cost of abatement, plus an administrative fee, not
14to exceed 10%, and a civil penalty. For the first abatement of a
15nuisance upon any owner's property within the city in any two-
16year period, the civil penalty shall be $250. For second and
17subsequent abatements, upon any properties of any owner within
18the city during any two-year period, the civil penalty shall be
19$500. The increased civil penalty shall be imposed and collected
20regardless of whether the second and subsequent nuisances upon
21property or properties of an owner involve the same property or
22are of the same or different characters.

23Section 237. Article XXVIII heading of the act is amended to
24read:

25ARTICLE XXVIII

26[PROCEDURE FOR THE EXERCISE OF EMINENT DOMAIN AND THE

27ASSESSMENT OF DAMAGES AND BENEFITS BY VIEWERS]

28EMINENT DOMAIN

29Section 238. Sections 2801 and 2802 of the act are amended 
30to read:

1Section 2801. Exercise of Eminent Domain.--[In the] (a) In 
2addition to all other purposes for which a city may exercise the 
3power of eminent domain as authorized by this act or by other 
4laws of the Commonwealth, and subject to the duty to provide 
5just compensation, a city may acquire property by eminent 
6domain, including entering upon, appropriating, taking, using 
7and occupying private lands and property for any of the 
8following public purposes:

9(1) The laying out, opening, widening, extending, vacating,
10grading, or changing the grades or lines[,] of streets[, the].

11(2) The construction of bridges, and the piers, abutments
12and approaches therefor[, the].

13(3) The construction of slopes, embankments and storm water 
14sewers, including storm water drains[, the].

15(4) The erection and extension of [water-works] waterworks,
16wharves and docks, public buildings, public works, filtration
17plants, sewage systems, sewage treatment works, [garbage] waste
18disposal plants, [lands and places for the disposal of ashes and
19other refuse materials] including disposal of garbage, ashes and 
20other refuse materials and transfer facilities, gas plants,
21electric power and light plants, [houses of detention,
22workhouses, poor farms, poor houses,] fire [engine] houses,
23hospitals, public auditoriums, memorial buildings, public 
24transportation facilities, comfort stations, homeless shelters,
25waiting stations, communications facilities, drinking fountains,
26[and] libraries[, the] and other public buildings and public 
27works.

28(5) The establishing of recreation places[, and].

29(6) The changing of watercourses[, the].

30(7) The acquisition of lands, easements and property for use

1of the Pennsylvania National Guard[, and for all other purposes
2authorized by this act and the laws of the Commonwealth, a city
3may enter upon, appropriate, take, use, occupy, injure, or
4destroy, private lands, property, toll bridges, or material. All
5such action by the city shall be provided for by ordinance. A
6copy of each such ordinance shall be recorded within thirty days
7after its enactment in the office of the recorder of deeds in
8and for the county or counties wherein such property is situate,
9and shall be indexed in the name of the property owner affected
10thereby. A copy of the ordinance shall be sent by registered
11mail to each such property owner at his last known address.] in 
12accordance with sections 4413-A and 4414-A.

13(b) Eminent domain proceedings shall be subject to and
14conform with the provisions of 26 Pa.C.S. (relating to eminent
15domain).

16Section 2802. Restrictions as to Certain Property.--In
17addition to the restrictions made by other provisions of this
18act in particular cases or by any other provision of law, no
19city shall exercise the right of eminent domain as against land
20now occupied by any building which was used during the Colonial
21or Revolutionary period as a place of Assembly by the Council of
22the Colony of Pennsylvania, the Supreme Executive Council of the
23Commonwealth of Pennsylvania, or the Congress of the United
24States; or as against the land occupied by any fort, redoubt, or
25blockhouse[,] erected during the Colonial or Revolutionary
26period[,] or any building used as headquarters by the Commander-
27in-Chief of the Continental Army, or as against the site of any
28building, fort, redoubt, blockhouse, or headquarters[,] which
29are preserved for their historic associations and not for
30private profit. The Colonial and Revolutionary period shall be

1[taken as] deemed to have ended on the third day of September,
2one thousand seven hundred and eighty-three.

3Section 239. The act is amended by adding a section to read:

4Section 2803. Title Acquired.--Except as otherwise provided
5in law, if land or other real or personal property is acquired
6by a city in eminent domain proceedings or is acquired by gift,
7purchase or otherwise, the title obtained by the city shall be
8in fee simple absolute or like absolute ownership unless the
9parties agree otherwise in writing and the agreement expressly
10appears in a recorded deed affecting any real property acquired
11by the city or in the notice of condemnation.

12Section 240. Sections 2809 and 2823 of the act are repealed:

13[Section 2809. Value of Land or Property not to be Assessed
14as Benefits; Exception.--In all cases of the appropriation of
15land or property for public use, other than for streets, it
16shall not be lawful to assess any portion of the damage done to
17or value of the land or property so appropriated, against the
18other property adjoining or in the vicinity of the land or
19property so appropriated.

20Section 2823. Assessment of Damages and Benefits.--The
21damages may be paid, in whole or in part, by the city, or may be
22assessed, in whole or in part, upon the land or property
23benefited. In the latter case, the viewers having first
24determined the damages apart from the benefits shall assess the
25total cost of the improvement, or so much thereof as may be just
26and reasonable, upon the lands or properties peculiarly
27benefited, including in the assessment all parties for which
28damages have been allowed, and shall report the same to the
29court. The total assessments for benefits shall not exceed the
30total damages awarded or agreed upon.]

1Section 241. Section 2824 of the act is reenacted to read:

2Section 2824. Assessment Awards.--In proceedings to assess
3damages and benefits, if the land or property is both benefited
4and damaged by such improvements, the excess of damages over
5benefits, or the excess of benefits over damages, or nothing in
6case the benefits and damages are equal, shall be awarded to or
7assessed against the owner of land and property affected
8thereby.

9Section 242. Section 2850 of the act is repealed:

10[Section 2850. Title Acquired.--In all cases where land or
11property is acquired by the city in eminent domain proceedings
12other than for street purposes, or is acquired by gift, purchase
13or otherwise, the title obtained by the city shall be in fee
14simple or like absolute ownership: Provided, That in particular
15instances a different title may by agreement or consent be
16acquired.]

17Section 243. Article XXIX heading of the act is reenacted to
18read:

19ARTICLE XXIX

20STREETS

21Section 244. The heading of subdivision (a) of Article XXIX
22of the act is repealed:

23[(a) Plans and Location]

24Section 245. The act is amended by adding sections to read:

25Section 2901. Map of Streets.--Council may authorize and
26approve a comprehensive map of city streets which may, but need
27not, be a part of an official map adopted in accordance with the
28Municipalities Planning Code. If a comprehensive map of city
29streets is adopted, any street subsequently laid out in
30accordance with this act shall be deemed an amendment to the

1comprehensive map.

2Section 2902. Laying Out Streets.--(a) A city shall have
3the power to and may lay out streets by any of the following
4means:

5(1) By identifying the street on a comprehensive map of city
6streets, in an amendment to the comprehensive map or in a
7recorded subdivision or land development plan.

8(2) By an ordinance laying out any area for future opening
9as a public street.

10(b) If, at the time of the enactment of an ordinance in
11accordance with subsection (a)(2), the lines of the laid-out
12street include property not subject to use as a public
13passageway, the ordinance shall be filed with the recorder of
14deeds of the county where the city is located. The recorder of
15deeds shall index the ordinance by name of city, the name of the
16property owner and, if applicable, the parcel number of the
17property through which the proposed street is laid out.

18Section 2903. Effect of Laying Out of Street.--With regard
19to land not previously used by the city as a passageway for
20public travel, the laying out and locating of a street in
21accordance with this article shall not, in and of itself, do any
22of the following:

23(1) Authorize the entry upon or the appropriation of any
24property.

25(2) Constitute the opening of any street or the taking or
26acceptance of any land.

27(3) Obligate the city to improve or maintain the street or
28land.

29Section 2904. Improvements Within Laid-out Streets.--No
30permit shall be issued for any building within the lines of any

1street laid out pursuant to this article. No person shall
2recover any damages for the taking for public use of any
3building or improvements constructed within the lines of any
4street after the same shall have been included in the general
5plan or official map, and any building or improvement shall be
6removed at the expense of the owner.

7Section 246. Article XXIX subdivision (b) heading of the act
8is repealed:

9[(b) Opening, Widening, Extending, Straightening and Vacating]

10Section 247. Section 2915 of the act is amended to read:

11Section 2915. Power to Open, Etc.--[Cities] (a) With regard 
12to any street or any part of a street within city limits, a city 
13may, with or without any petition of property owners, [may] do 
14any of the following:

15(1) [open] Open, widen, straighten, alter, extend and
16improve[, and may].

17(2) [establish] Establish or reestablish the grades [of,
18and].

19(3) [keep] Keep in order and repair and in safe passable
20condition[, any street, or any part thereof, within the city
21limits, or may].

22(4) [vacate] Vacate and discontinue [the same] whenever
23deemed expedient for the public good[,].

24(5) With the approval of the Department of Transportation,
25vacate highways laid out by the Commonwealth within the city
26limits which have remained unopened for thirty years.

27(b) [and] A city may provide for the payment of the cost
28[thereof,] for any of the actions authorized in subsection (a),
29either in whole or in part, from the general revenues of the
30city. [Cities may vacate highways laid out by the Commonwealth

1within their limits, which highways have remained unopened for
2thirty years.]

3Section 248. Section 2916 of the act, amended June 14, 1961
4(P.L.362, No.197), is amended to read:

5Section 2916. Ordinances [when no] When No Petition is
6Presented.--[Any ordinance for](a) An ordinance shall be 
7enacted for the opening, widening, straightening, extending or
8vacating of any street, without petition of property owners,
9[shall be adopted] by the affirmative vote of [at least four
10members of any five member council, and under the mayor-council
11plan A of government adopted pursuant to the Optional Third
12Class City Charter Law, by the affirmative vote of at least five
13members of a seven member council and by the affirmative vote of
14at least seven members of a nine member council] a majority of 
15the whole number of members of the council plus one.

16(b) [No such ordinance shall be finally adopted] An 
17ordinance pursuant to subsection (a) shall not be finally 
18enacted until the expiration of twenty-eight days from the date
19of its introduction and, in the meantime, copies thereof shall
20be published in [one or more of the newspapers of the city,] a 
21newspaper of general circulation in the city once a week for
22three consecutive weeks, immediately following the introduction
23thereof, and in case no newspaper is published in the city, then
24in the same manner in one newspaper published in the county as 
25required by section 109.

26Section 249. Sections 2917, 2918 and 2919 of the act are 
27amended to read:

28Section 2917. Erection of Improvements Restricted.--Any
29ordinance widening or straightening any street, or part thereof,
30shall fix the new line or lines and may require that thereafter

1no owner or builder shall erect any new building or rebuild or
2alter the front of any building already erected without making
3it conform to the new lines[. In], in which case the land
4owner's right of action shall accrue only when the city actually
5enters on and occupies the land within the [said lines, or the
6said] lines or the building is located or relocated to conform
7to [said] the lines.

8Section 2918. Petition for Opening, Etc.--(a) A petition 
9may be presented to council for the opening, widening, 
10straightening, altering, extending, vacating, or [for the] 
11establishing or reestablishing of the grade of any street[,]. 

12(b) A petition made pursuant to this section shall be signed 
13by a majority, in number and interest, of the owners of property 
14abutting on the line of the proposed improvement or vacation as 
15fixed at the time of presentation of the petition, and shall be 
16verified by the affidavit of one or more of the petitioners. The 
17majority in interest of owners of undivided interests in any 
18piece of property shall be deemed as one person for the purposes 
19of the petition.

20Section 2919. Notice of [Ordinance and] Petition[;
21Appeal].--[Upon the approval of] After the presentation of the 
22petition presented in accordance with section 2918, and 
23council's determination of the adequacy of the petition, but 
24before final enactment of any ordinance [passed] enacted
25pursuant to [said] the petition, notice shall be [given, once a
26week in one] published in a newspaper of general circulation 
27once a week for three consecutive weeks as required by section 
28109, [as required by section one hundred and nine of this act,]
29and [by] handbills shall be posted in conspicuous places along
30the line of the proposed improvement. The notice and handbills
 

1shall state the fact [of the passage of the ordinance, and the
2date thereof,] that the petition for the improvement was signed
3by a majority in interest and number of the owners of property
4abutting the line of the proposed improvement, and that any
5person interested may [appeal to the court of common pleas of
6the county within thirty days after the passage of the said
7ordinance.] provide comments at a public hearing to be held at a 
8date, time and place as stated in the published notice and 
9handbills. If, after the hearing, council determines to proceed 
10with the consideration of an ordinance pursuant to the petition, 
11it shall publish notice of the ordinance and incorporate 
12reference to any maps or drawing, in accordance with subdivision 
13(a.1) of Article X.

14Section 250. Section 2920 of the act is repealed:

15[Section 2920. Appeal from Ordinance.--Any person interested
16may, within thirty days from the passage of the ordinance,
17appeal from the validity of the ordinance to the court of common
18pleas questioning the legality of the petition for improvement
19or of the said ordinance or of both. If said court shall find
20the petition or ordinance materially defective under the law, it
21shall declare the ordinance void, otherwise it shall approve the
22same.]

23Section 251. Section 2921 of the act, repealed in part June
243, 1971 (P.L.118, No.6), is repealed:

25[Section 2921. Effect of Failure to Appeal.--The parties
26interested shall not question the legality of the petition and
27ordinance in any manner or matter or at any time whatever,
28except as provided in section two thousand nine hundred and
29twenty of this act.]

30Section 252. Section 2922 of the act is amended to read:

1Section 2922. Assessment of Damages and Benefits.--[In any
2proceedings under this subdivision of this article,] If 
3necessary, in any proceedings to exercise one of the powers 
4given in section 2915, viewers shall be appointed, damages
5awarded, and benefits assessed as provided in 26 Pa.C.S. 
6(relating to eminent domain) or as provided in this act for
7[such proceedings] the assessment of benefits.

8Section 253. Article XXIX subdivision (c) heading of the act
9is repealed:

10[(c) Grading, Paving, Macadamizing, Et Cetera]

11Section 254. Sections 2930 and 2931 of the act are amended 
12to read:

13Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.--
14(a) Every city may grade, pave, macadamize or otherwise[,]
15improve any street, or part thereof, and the sidewalks thereof
16when included as a part of the improvement, have the same set
17with curbstone, and provide for the drainage thereof.

18(b)  Every city may also provide for the improvement of any
19[highway, or] street, or any sections or parts thereof, in
20length, in the space between the curb, gutter, or [actual
21carriage-way line] cartway and the property line, either by an
22original work or improvement thereon, or by a change, repair,
23renewal, or alteration in the [said] street or curb, or in
24parking spaces, or shade trees, or by changing, altering,
25renewing, replanting, pruning, or otherwise [improving the same,
26in any or all of said particulars] making improvements therein.

27Section 2931. Payment of Cost of Improvement.--The costs and
28expenses of [things] the improvements done under [section two
29thousand nine hundred and thirty of this act] section 2930 shall
30be paid, in whole or in part, by the city, or by the owners of

1real estate bounding and abutting thereon, which cost and
2expense upon the abutting real estate shall be assessed
3[according to the foot-front rule, or according to the benefits,
4as council shall, by ordinance, determine, except that in case
5of grading only, the said costs and expense shall be assessed
6according to benefits] in accordance with Article XLV-A.

7Section 255. Sections 2932, 2933 and 2934 of the act are
8repealed:

9[Section 2932. Assessment of Cost by Foot-Front Rule.--When
10the costs and expenses, or any part thereof, are to be paid for
11by the foot-front rule, the council shall assess or cause to be
12assessed the said cost and expenses upon the real estate
13bounding or abutting on the line of the improvement, by an equal
14assessment on said property in proportion to the number of feet
15the same fronts on the respective street, or part thereof, to be
16improved. The council may provide for an equitable reduction
17from the frontage of lots at all street, railroad, or like
18intersections, or where, from the peculiar or pointed shape of
19the lots, an assessment for the full frontage would be
20inequitable.

21Section 2933. Assessment of Costs According to Benefits.--
22When the cost and expenses, or any part thereof, of any grading,
23paving, macadamizing, or other improvement of any street, or
24part thereof, is to be paid for by the owners of real estate
25abutting or bounding thereon as aforesaid, according to
26benefits, the same shall be assessed by viewers appointed by the
27court of common pleas, as provided in this act for the
28assessment of benefits by viewers.

29Section 2934. Ordinance for Improvement at Expense of
30Property Owners upon Petition.--Council may, by ordinance,

1provide for the paving, macadamizing, grading, or other
2improvement of any street, or part thereof, at the cost and
3expense of the abutting property owners in whole or in part,
4upon the petition therefor of a majority in number or interest
5of the owners of property abutting or bounding on the line of
6the proposed improvement, to be verified by the affidavit of one
7or more of the petitioners. A majority in interest of owners of
8undivided interests in any piece of property shall be deemed and
9treated as one person for the purpose of said petition.]

10Section 256. Section 2935 of the act, amended June 14, 1961
11(P.L.362, No.197), is repealed:

12[Section 2935. Ordinance for Improvement at Expense of
13Property Owners without Petition.--Council may, by ordinance,
14provide for the paving, macadamizing, grading or other
15improvement of any street, or part thereof, at the cost and
16expense of the abutting property owners, in whole or in part,
17without petition therefor of abutting property owners if the
18ordinance for such improvement has been passed by the
19affirmative vote of four members of any five member council, and
20under the mayor-council plan A of government adopted pursuant to
21the Optional Third Class City Charter Law, by the affirmative
22vote of at least five members of a seven member council and by
23the affirmative vote of at least seven members of a nine member
24council. Such ordinance shall not be passed in a less period
25than twenty-eight days from the date of its introduction; and,
26in the meantime, copies of such ordinance shall be published, in
27one or more newspapers, once a week for three weeks, in the
28manner required by section one hundred and nine of this act. The
29requirements for such publication shall not, however, preclude
30the amendment of any paving ordinance as to the kind of pavement

1with which any street, or part thereof, or sidewalk, is proposed
2to be paved.]

3Section 257. Sections 2936 and 2937 of the act are repealed:

4[Section 2936. Appeal from Ordinance.--Any person affected
5may appeal from said ordinance in the manner and time and with
6the effect provided for in sections two thousand nine hundred
7twenty and twenty-one of this act.

8Section 2937. Assessment of Damages and Benefits.--In any
9proceedings under this subdivision of this article where the
10cost and expense of the improvement is not assessed by the foot-
11front rule, viewers shall be appointed, damages awarded, and
12benefits assessed as provided in this act, for such
13proceedings.]

14Section 258. Section 2938 of the act is amended to read:

15Section 2938. Preparation of Streets for Paving or
16Repairing.--(a) Council may provide, by ordinance, for the
17laying, renewing, and repairing of all gas, water, steam, or
18other pipes, or conduits[,] in any street, before the paving,
19repaving, or repairing of the same, and for making the necessary
20[house] connections with [said] the pipes[, and also for].

21(b) With regard to main or lateral sewers, council may 
22provide for the necessary [house] connections and branches [with
23and] leading into main or lateral sewers[: Provided, That in no
24case, except as a sanitary measure, of which council shall be
25the judge, shall council require such house connections to be
26extended further from such sewers, or from such gas, water,
27steam, or other pipes, or conduits, than to the inner line of
28the curbstone of such street Council may,].

29(c) With regard to connections requiring extensions from
30sewers or from gas, water, steam or other pipes or conduits,

1council may not require private utility companies to make
2extensions beyond the inner line of the curbstone of the street
3unless it determines that it is necessary to do so as a sanitary
4measure.

5(d) If, after notice to all companies, corporations,
6persons, and owners affected[, and in default of compliance
7therewith, cause said pipes to be laid, renewed, or repaired,
8and said connection made,] of the necessity for the laying, 
9renewing and repairing of gas, water, steam or other pipes or 
10conduits in a street and the necessity of making necessary 
11connections, prior to the proposed paving, repaving or repairing 
12of the street, there is a failure to comply, council may perform 
13work and may collect the cost of paving[, and repairing all
14pipes and pipe connections, from the companies, corporations, or
15persons owning or operating the said gas, water, steam, and
16other pipes or conduits,] or repaving, or repairing of the pipes 
17or conduits, with interest[; and the], from the companies, 
18corporations, persons and owners affected. The cost of the sewer
19connections shall be a first lien against the land for whose
20benefit [such] the connections are made. A separate lien may be
21filed therefor, or [such] the sewer connection cost may be
22included in any lien filed for the cost of [such] the street
23improvement, and the lien and the proceedings thereon shall be
24as in the case of other municipal liens.

25Section 259. Section 2939 of the act, amended September 26,
261951 (P.L.1515, No.379), is amended to read:

27Section 2939. Highways in Cities.--Wherever in this act a
28city is given powers, rights and duties as to its streets or
29sections thereof, the same shall extend as well to highways or
30sections thereof which are also streets of the city, to the

1extent that the city is legally responsible for them, pursuant 
2to agreement or otherwise, excepting damages to abutting
3property owners for acts of the Commonwealth unless the city
4shall assume them, under this act or the [State Highway Law.] 
5act of June 1, 1945 (P.L.1242, No.428), known as the "State 
6Highway Law." The use of the word "street" in this act shall to
7that extent include highways.

8Section 260. Article XXIX subdivision (d) heading of the act
9is repealed:

10[(d) Grade Crossings]

11Section 261. Section 2950 of the act is amended to read:

12Section 2950. [Consent of Public Utility Commission] Grade 
13Crossing; Pennsylvania Public Utility Commission; Jurisdiction; 
14Damages.--(a) Every city constructing a street across a
15railroad shall construct the same above or below the grade
16thereof, unless permitted by the Pennsylvania Public Utility
17Commission to construct the same at grade.

18(b) Any new construction of a street crossing a railroad, or
19any vacation of any street crossing a railroad, shall be
20constructed or vacated only in a manner consistent with the
21rules and regulations and under the jurisdiction of the
22Pennsylvania Public Utility Commission. The compensation for
23damages to the owners of adjacent property taken, injured or
24destroyed by the construction of a street crossing a railroad or
25any vacation of any street crossing a railroad shall be
26ascertained, fixed and paid in a manner consistent with 66
27Pa.C.S. Pt. I (relating to public utility code).

28Section 262. Section 2951 and Article XXIX subdivision (e)
29heading of the act are repealed:

30[Section 2951. Public Utility Commission; Jurisdiction;

1Damages.--Any such crossings of a railroad by a street, or any
2vacation of any street crossing a railroad, shall be constructed
3or vacated only in the manner prescribed by, and under the
4jurisdiction of, the Public Utility Commission. The compensation
5for damages to the owners of adjacent property taken, injured or
6destroyed shall be ascertained, fixed, and paid in the manner
7prescribed in the Public Utility Law.

8(e) Acquisition of Unobstructed View Across Lands]

9Section 263. Section 2955 of the act is amended to read:

10Section 2955. Acquisition of Unobstructed Views.--Any city
11may acquire, by purchase or by the right of eminent domain, a
12free and unobstructed view down and across lands located at or
13near intersections or curves of streets, railroads or railways,
14[or curves of any of them, as may be necessary,] to assure a
15free and unobstructed view in all directions at [such places,]
16the intersections or curves and to prevent the use of [such] the
17lands over and across which the view was acquired for any
18purpose or in any manner which may interfere with or obstruct
19the vision of any person or persons traveling upon any [such]
20street within the city. [Upon any such condemnation, the city
21having instituted the condemnation proceedings shall file with
22the recorder of deeds a plan, showing the property condemned and
23such other detailed information as may be deemed necessary and,
24after the same is filed, said city may, from time to time, abate
25or remove, or cause to be abated or removed, any obstruction to
26such view over and across such lands.

27The proceedings for the condemnation of such view over and
28across such lands, and for the assessment of damages for
29property taken, injured or destroyed, shall be in the manner
30provided in this act for property taken, injured or destroyed.

1Upon the condemnation of a view over and across any lands for
2the purposes aforesaid, the owner of such lands may make every
3such use thereof as will not interfere with a free and
4unobstructed view at such intersection or curve. Unless
5specially provided for in such condemnation proceedings, such
6condemnation shall not be construed to prevent the owner thereof
7from using such land for pasture or the growing of grass, oats,
8wheat, or other crops which will not obstruct the vision more
9than wheat.]

10Section 264. Article XXIX subdivision (f) heading of the act
11is repealed:

12[(f) Use of Abutting Lands]

13Section 265. Section 2960 of the act is amended to read:

14Section 2960. Use of Abutting Lands for Embankments, Slopes,
15Fills, and Culverts.--In the grading of any street, or any part
16thereof, cities are hereby authorized and empowered to use so
17much of the lots and lands abutting on the [same] street for the
18construction of embankments, slopes, fills and culverts, as may
19be necessary [and proper] for the completion of the improvement.
20[The assessment of] Compensation for damages, costs, and
21expenses, resulting [thereby, shall be regarded as other
22assessments of damages, costs, and expenses, caused by the
23grading of streets, in cities and shall be assessed and paid as
24is provided by this act in such cases] from the use of lots and 
25lands abutting on the street for the construction of 
26embankments, slopes, fills and culverts shall be made in the 
27same manner as compensation for using and occupying private 
28lands for the grading of streets in accordance with section 
292801.

30Section 266. Article XXIX subdivision (g) heading, section

12963, subdivision (h) heading, section 2965 and subdivision (i)
2heading of the act are repealed:

3[(g) Abandoned Turnpikes

4Section 2963. Maintenance and Improvement of Condemned and
5Abandoned Turnpikes.--When any turnpike, or part thereof,
6situate in the same or more than one county, shall be condemned
7for public use, free of tolls, and the assessment of damages
8therefor shall have been paid by the county, or when any
9turnpike company or association has abandoned its turnpike, or
10any part thereof, or when any turnpike company or association
11has been dissolved, such turnpike, or part thereof, located
12within the limits of any city shall be maintained and improved
13in the same manner as other streets of the city.

14(h) Unlawful Assessments

15Section 2965. Repayment of Assessments Paid to City by
16Owners of Property Unlawfully Assessed.--Any city receiving
17money in payment of an assessment levied under any provision of
18this article shall repay the same or so much thereof as shall be
19ordered to any parties bringing the action, within two years of
20such payment or payments, upon the final determination of a
21proper court in a proper issue that the assessment levied was
22not such as the owner of the property so assessed was liable to
23pay at the time council ordered the work to be done for which
24the assessment was made, or within the said period of two years,
25the city may repay such money voluntarily upon a showing that
26the same was paid inadvertently, or such assessment or part
27thereof was made erroneously.

28(i) Streets or Roads Connecting City with Highways]

29Section 267. Section 2970 of the act is amended to read:

30Section 2970. Appropriation for Connections with Highways.--

1Cities may, singly or jointly, with other political
2subdivisions, appropriate and expend moneys for the improvement
3of streets or roads beyond the limits of [such] the cities[,]
4for the purpose of connecting improved streets in [such] the
5cities with a highway [whenever that part of the connecting
6street or road to be improved outside the city limits shall be
7less than one mile in length].

8Section 268. Article XXIX subdivision (j) heading of the act
9is repealed:

10[(j) Detours]

11Section 269. Section 2975 of the act is amended to read:

12Section 2975. [Streets not to be Closed to Vehicular
13Traffic; Exceptions.--]Street Closings; Detours.--(a) The 
14following shall apply to the closing of a street to vehicular 
15traffic:

16(1) No street shall be closed to vehicular traffic, except
17upon order of the Department of Streets and Public Improvements,
18[or, by order of the mayor] or other department of the city 
19having jurisdiction over public streets or, in cases of 
20emergency where immediate action is necessary to protect public 
21safety, by order of the mayor, the police or the fire marshal[,
22in cases of emergency, wherein the safety of the public would be
23endangered, nor shall any such].

24(2) A street [be] may not remain closed for a longer period
25than is necessary for the purpose for which [such] the order
26[is] to close was issued.

27(3) Except in cases of emergency, where immediate action is
28necessary to protect public safety, no street shall be closed to
29vehicular traffic when the same has been designated as a detour
30by the Department of Transportation, unless the written consent

1of the Secretary of Transportation has first been obtained or
2unless council shall, by resolution duly recorded on its
3minutes, declare the closing necessary for the safety of the
4public.

5(4) When any street which forms a part or section of a State
6highway, or has been designated as a detour by the Department of
7Transportation, is closed to vehicular traffic, the city shall
8at once notify the Department of Transportation of the creation
9of a detour, as hereinafter provided. When the detour is
10removed, the Department of Transportation shall also be notified
11at once of the removal.

12(5) When any street is to be closed, it shall be the duty of
13the official or department that authorized the closing to
14designate a detour.

15(6) While the detour is in use, legible signs shall be
16erected and maintained at reasonable intervals, indicating the
17proper direction, and the detour shall be maintained in safe and
18passable condition.

19(7) When the street that had been closed is opened for
20traffic, all detour signs shall be removed.

21(b) A city may enter into agreement with the owners of
22private lands covering the acquisition of right of way
23privileges for a detour over private property for the period
24when a street shall be closed to traffic. In case no agreement
25satisfactory to the parties can be reached, the city may proceed
26with the construction of the detour, with the owner of the
27property taken for the detour entitled to seek damages, if any,
28in the same manner as damages are now ascertained for the
29opening of streets in the city.

30(c) In the exercise of the rights conferred by this section

1relating to detours, council is hereby empowered to pay for the
2necessary maintenance, subsequent repair and land rental out of
3funds available for the construction and maintenance of city
4streets.

5(d) Any person who shall wilfully remove, deface, destroy or
6disregard any barricade, light, danger sign, detour sign, signal
7or warning of any other character whatsoever so legally erected
8or placed or who shall drive on, over or across any street which
9has been closed by proper authority commits a summary offense
10punishable upon conviction thereof in accordance with section
111018.16, but with a mandatory fine of not less than five hundred
12dollars ($500) or more than the maximum fine authorized in
13section 1018.17 for the second or any subsequent offense, and
14shall pay the costs of prosecution together with the value of
15the property so removed, defaced or destroyed, except that
16persons who have no outlet due to the closing of a street may
17drive on, over or across the street, subject to reasonable
18conditions as may be prescribed by the city without being
19subject to the penalties imposed by this section.

20(e) All fines collected under the provisions of this section
21shall be paid over to the treasurer of the city.

22(f) In addition to the penalties provided in subsection (d),
23the city, its agents or contractors may, in an action at law,
24recover damages from any person or persons who have damaged a
25street when it is closed to vehicular traffic.

26Section 270. Sections 2976, 2977 and 2978 of the act are
27repealed:

28[Section 2976. Closing of Streets Designated as Detours by
29State.--No street shall be closed to vehicular traffic when the
30same has been designated as a detour by the Department of

1Highways of the Commonwealth, unless the written consent of the
2Secretary of Highways has first been obtained, or unless council
3shall, by resolution duly recorded on its minutes, declare such
4closing necessary for the safety of the public.

5Section 2977. Notice of Detour on Streets Forming Part of
6Highway.--When any street which forms a part or section of a
7highway, is closed to vehicular traffic, the city shall at once
8notify the Department of Highways of the Commonwealth of the
9creation of a detour, as hereinafter provided. When such detour
10is removed, the Department of Highways shall also be notified at
11once of the removal.

12Section 2978. Detours to be Provided when Streets Closed.--
13When any street shall be closed, as hereinbefore provided, it
14shall be the duty of the city authorities authorizing the
15closing to immediately designate or lay out a detour, on which
16they shall erect, or cause to be erected and maintained while
17such detour is in use, legible signs at each intersection
18throughout its entire length, indicating the proper direction.
19During the period when such detour is in use, it shall be the
20duty of such authorities closing the street to maintain such
21detour in safe and passable condition. It shall also be the duty
22of the authorities closing the street and maintaining the detour
23to immediately remove all detour signs when the street
24originally closed is opened for traffic. Whenever necessary in
25the creation of a detour, as aforesaid, the city authorities
26responsible for laying out the detour may enter into agreement
27with the owners of private lands, covering the acquisition of
28right of way privileges over private property for the period
29when the street shall be closed to traffic. In case no agreement
30satisfactory to the parties can be reached, the authorities

1responsible for the laying out of the detour may proceed with
2the construction of the same, and either such authorities or the
3owner of the property occupied may petition the court for the
4appointment of viewers to ascertain the damages, if any, in the
5same manner as damages are now ascertained for the opening of
6streets in such city. In the exercise of the rights conferred by
7this section, council is hereby empowered to pay for the
8necessary maintenance, subsequent repair, and land rental out of
9such funds as are available for the construction and maintenance
10of the streets in their charge.]

11Section 271. Section 2979 of the act, amended March 25, 1988
12(P.L.260, No.29), is repealed:

13[Section 2979. Penalties.--Any person who shall wilfully
14remove, deface, destroy or disregard any barricade, light,
15danger sign, detour sign, or signal, or warning of any other
16character whatsoever so legally erected or placed, or who shall
17drive on, over or across any street which has been closed by
18proper authority, shall, upon conviction thereof in a summary
19proceeding before a magistrate, alderman, or justice of the
20peace, be sentenced to pay a fine of not less than two hundred
21dollars nor more than five hundred dollars for the first
22offense, and a mandatory fine of five hundred dollars for the
23second or any subsequent offense, and the costs of prosecution
24together with the value of the sign so removed, defaced or
25destroyed, and, in default of the payment thereof, shall be
26sentenced to imprisonment of not more than ten days: Provided,
27however, That persons who have no outlet due to the closing of a
28street may drive on, over or across such street, with the
29consent in writing of, and subject to such conditions as may be
30prescribed by, the authorities responsible for the closing or

1their agents or contractors, without being subject to the
2penalties imposed by this section.

3In addition to the penalties herein provided, the authorities
4responsible for the maintenance of a street which has been
5closed to vehicular traffic, or their agents or contractors,
6may, in an action at law, recover damages from any person or
7persons who have damaged a street when it is closed to vehicular
8traffic. All fines collected under the provisions of this
9section shall be paid by the officer receiving the same to the
10treasurer of the city.]

11Section 272. Article XXIX subdivision (k) heading of the act
12is repealed:

13[(k) Boundary Streets]

14Section 273. Sections 2985 and 2986 of the act are amended
15to read:

16Section 2985. Maintenance of Streets Forming Boundaries.--
17Whenever any street is on the boundary line between any city and
18[a township, such] any other municipal corporation, the street
19shall be maintained jointly by the city and the [township] other 
20municipal corporation. For the purpose of maintaining any such
21street, the [authorities] officers of any city are hereby
22directed to enter into agreements with the [authorities of any
23township] other municipal corporation providing the manner in
24which the same shall be maintained[,] and providing for the
25division of the cost of maintenance between the city and
26[township] other municipal corporation. If any [such city or
27township] other municipal corporation shall fail or refuse to
28enter into any such contract, [any taxpayer thereof or the
29corporate authorities of the city or township] the city or any 
30taxpayer of the other municipal corporation may present a

1petition to the court of [quarter sessions] common pleas of the
2county, setting forth the facts. The court, after hearing, of
3which [such] notice shall be given to all parties interested as
4the court may direct, shall make an order directing the manner
5of such maintenance and the division of the cost of maintenance
6between the city and the [township] other municipal corporation.

7Section 2986. Streets, the Center Line of Which Is the
8Boundary [between Municipalities in the Same County] Between 
9City and Another Municipal Corporation.--Whenever [the center
10line of] any street constitutes the dividing line between [any
11city and a township located in the same county, the city may
12enter into a contract with the commissioners of the county and
13the commissioners or road supervisors of the township, as the
14case may be, providing for the grading, curbing, and
15macadamizing or paving, of the street; the cost of such
16improvement, to be borne one-half by the city, and one-half by
17the county and township, in equal portions.

18The alteration or improvement shall be constructed, and
19subsequent repairs shall be made, under the supervision of the
20proper authorities of the city, in compliance with existing laws
21governing the construction of such alterations or improvements
22in said city, and in further compliance with plans and
23specifications to be agreed upon, in writing, between said city
24and the commissioners of the county and commissioners or road
25supervisors of the said township. The cost of repairs shall be
26borne one-half by the city, and one-half by the township, or by
27the county and township, in equal portions, or such other
28proportions as may be agreed upon by the county and township] a 
29city and another municipal corporation, the city may enter into 
30a contract with the other municipal corporation to provide for
 

1the grading, curbing, draining, paving and macadamizing of the 
2street. The alterations and improvements shall be made under the 
3supervision of the city or other municipal corporation, or by 
4contract let by the city or the other municipal corporation, as 
5may be provided for in the contract between the city and the 
6other municipal corporation.

7Section 274. Section 2987 of the act is repealed:

8[Section 2987. Street, the Center Line of Which is the
9Boundary between Municipalities in Different Counties.--Whenever
10the center line of any street constitutes a dividing line
11between a city and a township located in an adjacent county, the
12city may enter into a contract with the commissioners of the
13county and the commissioners or township supervisors of such
14township, as the case may be, providing for the grading,
15curbing, macadamizing, or paving of the street, the cost thereof
16to be borne one-half by the city, and one-half by the township
17and the county in which such township shall be situated, in
18equal portions.

19Such alteration or improvement shall be constructed, and
20subsequent repairs shall be made, under the supervision of the
21proper authorities of the city, in compliance with the
22provisions of this act governing such construction or
23improvement by the city, and in further compliance with plans
24and specifications to be agreed upon in writing between such
25city and the commissioners of the county and the commissioners
26or township supervisors of the township. The cost of repairs
27shall be borne one-half by the city, and one-half by the
28township or by the county and township in equal portions or such
29other proportion as may be agreed upon by the county and
30township.

1In all cases in which it shall be found impossible to enter
2into such contract or agreement, either the city or the county
3or township or any taxpayer thereof may present a petition to
4the court of common pleas of either county, setting forth the
5facts and circumstances, including the condition of the street
6from which the necessity or desirability for the grading,
7curbing, macadamizing, or paving appears, and the estimated cost
8thereof, and that the said city or county or the township have
9failed to agree upon terms of the said contract. Such court may,
10after hearing all the parties concerned, make its order or
11decree, defining the nature and character of the improvement
12reasonably necessary or desirable to be made to the street, and
13requiring the parties hereinabove specified to enter into a
14contract or contracts for the making and constructing of the
15same as herein provided for.

16A copy of the said petition, duly certified, shall be served
17upon the city, the county and the township concerned, other than
18the petitioner, with notice of such day as may be fixed by the
19court for the hearing. Thereupon, any or all of the parties
20served with such notice shall be entitled, on or before such
21date, to file in the said court its answers to the said
22petition, setting forth its version of the facts or such other
23matters in relation thereto as may be deemed necessary or proper
24by it. The court, upon the date so fixed or at such other time
25as it may appoint, shall hear the evidence of the parties, or it
26may refer the matter to a master, who shall hear the testimony
27of the parties and report his findings, in the same manner and
28under the same procedure as provided by the rules in equity in
29similar cases.

30The court may reject, confirm, or modify the report of the

1master and may make its decree or order directing the making of
2such alterations or improvements to the street as may be deemed
3reasonably necessary or desirable and providing for the sharing
4of the cost of such improvements, one-half by the city, and one-
5half by the county and township in equal portions. The said
6order or decree may further provide that the repairs to such
7alterations and improvements subsequently required shall be
8borne one-half by the city, and one-half by the county or
9township in equal portions, or such other proportions as between
10the county and the township as such court may find to be legal
11and proper. Thereupon the said grading, curbing, macadamizing,
12or paving of the street shall proceed in accordance with the
13decree or order of the said court in the same manner as if the
14contract or agreement provided for in this section had been
15entered into and duly executed.]

16Section 275. Sections 2988 and 2989 of the act are amended
17to read:

18Section 2988. Streets More Than Half of Whose Width is
19Within City.--(a) Whenever any street, more than one-half the
20width of which is within the limits of any city shall divide the
21[said] city from any other [municipality or township located
22within the same county, such] municipal corporation, the street
23may be improved by the city in the same manner as if the said
24street were entirely located within the limits of [said] the
25city.

26(b) The property [abutting on the side of said street which
27is located outside the limits of the city making such], within 
28and without the city, that abuts the street and benefits from 
29the improvements [shall] may, for a depth of one hundred and
30fifty feet plus one-half the width of [said] the street, the

1total measured from its center line, be assessed for any and all
2municipal improvements to or on the [said] street in the same
3manner as [such] the property would be assessed under the
4provisions of this act if it were entirely located within the
5limits of [such] the city.

6Section 2989. Assessment for Improvements on Property
7Outside Limits Where Street Entirely Within City.--Whenever any
8street, entirely within the limits of any city, shall divide the
9[said] city from any other [municipality or township located in
10the same county] municipal corporation, the property on the side
11of [said] the street, [opposite the present line of said city,
12shall] within and without the city, that abuts the street and 
13benefits from the improvement may, for a depth of one hundred
14and fifty feet from said line, be assessed for any and all
15municipal improvements to or on the streets on which the [said]
16property [shall abut] abuts, in the [manner provided by this act
17for such proceedings, as if the said property] same manner as 
18the property would be assessed under the provisions of this act 
19if it were entirely located within the limits of [said] the
20city.

21Section 276. Section 2990 of the act is repealed:

22[Section 2990. Street the Center Line of Which is the
23Dividing Line Between a City and Borough or Township of the
24First Class; Assessments.--Whenever the center line of any
25street constitutes the dividing line between a city and a
26borough, or a city and a township of the first class, located in
27the same county, the council of such city may, where such
28improvement is through built up property or properties duly
29plotted and laid out in lots for building purposes, and where
30two-thirds of the combined frontage of the two sides petition

1for the improvement, enter into a contract with the borough or
2township providing for the grading, curbing, draining, paving
3and macadamizing of such street. Such alterations and
4improvements shall be made under the supervision of the proper
5authorities of such city, borough, or township, or by contract
6let by such city, borough, or township, as may be provided for
7in the contract between the city and borough or township.

8No ordinance or ordinances authorizing any such improvement,
9where the whole or any part of the cost of the improvement is to
10be assessed against abutting property, shall be finally adopted
11until the expiration of thirty days from the date of its
12introduction, and, in the meantime, copies thereof shall be
13published, once a week for two weeks, in one newspaper
14circulating in such city, borough, and township immediately
15following the introduction thereof, and at least five copies
16thereof shall be posted along the line of the proposed
17improvement.

18The whole cost of such alterations and improvements, or any
19part thereof, as may be agreed upon in the contract between the
20city, borough, and township, may be collected from the owners of
21property within the city, borough, and within the township,
22abutting along the line of the improvement, by an equal
23assessment on the foot front. Any portion of such cost not
24assessed against abutting property shall be paid one-half by
25each of the municipal divisions joining in the improvement.

26Thirty days' notice of assessments of the whole cost or part
27of the cost of any such improvement shall be given to each party
28assessed, either by service on the owner or his agent, or posted
29on the premises by the clerk or secretary of the city, borough,
30or township making the improvement. If any assessment made by

1the city shall remain unpaid at the expiration of the notice, it
2shall be the duty of the city solicitor to collect the same,
3with interest from the time of the completion of the
4improvement, by action of assumpsit, or by a lien to be filed
5and collected in the same manner as municipal claims. When an
6owner has two or more lots against which there is an assessment
7for the same improvement, all of such lots shall be embraced in
8one claim.]

9Section 277. Article XXX heading of the act is reenacted to
10read:

11ARTICLE XXX

12SIDEWALKS

13Section 278. Sections 3001 and 3002 of the act are amended
14to read:

15Section 3001. Power to Lay Out and Grade Sidewalks; Compel
16Construction of Sidewalks.--Any city may lay out, ordain and
17establish sidewalks, curbs, gutters and drains along any street,
18and may, with or without petition, require owners of property
19abutting on any street to construct, pave, curb, repave and
20recurb the sidewalks, and keep the same in good repair along
21[such] their property, at such grades, and under such
22regulations and specifications as council may provide. The 
23written consent of the Department of Transportation shall first 
24be obtained if the highway is a State highway.

25Section 3002. Construction by Cities Upon Failure of Owner
26So to Do; Collection of Cost.--(a) Upon failure of any owner of 
27property abutting on any street to construct, pave, curb,
28repave, recurb or maintain any sidewalk [after notice so to do,
29the same may be done or caused to be done by the city, and the
30cost thereof], in accordance with the notice required in
 

1subsection (d), the city, itself or by contract, may complete 
2the construction, paving, curbing, repaving, recurbing or 
3maintenance.

4(b) Costs incurred by the city pursuant to subsection (a) 
5may be levied against and collected from [such] the owner who 
6failed to complete the construction, paving, curbing, repaving, 
7recurbing or maintenance of the sidewalk pursuant to notice to 
8do so, together with a penalty of ten per centum of [such] the 
9costs and all charges and expenses[, which amount].

10(c) The costs, penalties, charges and expenses provided for 
11in subsection (b) shall be a lien upon [such premises] the 
12property for which the notice to construct, pave, curb, repave, 
13recurb or maintain the sidewalk was given. The lien shall exist
14from the time of the completion of the work, which [date shall
15be fixed by certificate of the city engineer, filed with the
16clerk, and may be collected by action in assumpsit, or such]
17shall be certified in accordance with section 1504. The lien may
18be filed and proceeded in as provided by law in the case of
19municipal liens[, or the] or may be collected from the owner by 
20action in assumpsit. Alternatively, the cost may be borne by the
21city in whole or in part[;] and if in part, the rest to be
22collected [from the owner] as provided herein.

23(d)  The notice required [herein] by this section shall be
24served upon the owner of property to construct, pave, curb, 
25repave, recurb or maintain a sidewalk, if that can be done
26within the county; [when it cannot be done so] if this cannot be 
27done, then the notice may be served upon the owner's agent or
28the party in possession; and if this cannot be done, then the
29notice may be served by posting conspicuously upon the premises.
30Council may, by ordinance, [establish the period of such notice

1after service after which the owner shall be deemed to have
2failed to comply therewith. Such period shall not be less than
3ten days] provide that, upon service or posting of notice in 
4accordance with this section, an owner shall be deemed to have 
5failed to comply if the work is not completed within a specified 
6period, which may be more but shall not be less than forty-five 
7days after the service or posting.

8Section 279. Section 3002.1 of the act, added August 11,
91967 (P.L.206, No.70), is amended to read:

10Section 3002.1. Ordinances.--All reconstruction, repaving,
11and recurbing of sidewalks may be provided for in the ordinance
12providing for the original construction, paving and curbing of
13sidewalks without the necessity for adopting a new ordinance
14providing for [such] the reconstruction, repaving and recurbing.

15Section 280. Section 3003 of the act is amended to read:

16Section 3003. Emergency Repairs; Notice; Cost.--(a) Any
17city may make emergency repairs to sidewalks, within its
18corporate limits[, when, in the opinion of the officer or head
19of the department lawfully having charge of sidewalk repairs, a
20dangerous condition exists that can be repaired by an
21expenditure of not more than fifty dollars, upon failure of the
22owner of the property to make such repair within forty-eight
23hours after the service of notice upon such owner so to do. The
24notice shall be served as provided in this article for
25constructing and maintaining sidewalks and curbs. It shall
26expressly state that emergency repairs are required.] if the 
27officer or designated individual representing the department in 
28charge of repairs to sidewalks, upon inspection, determines that 
29a substantial and immediate danger exists to the public health, 
30safety and welfare, in which case the officer or individual
 

1shall prepare a written report of those conditions which shall 
2be conclusive evidence of the existence of the emergency 
3justifying the repair.

4(a.1) This section is intended to provide an additional
5remedy for cities in connection with emergency repairs [where
6the actual cost of doing the work does not exceed fifty dollars.
7The certificate of the officer or head of the department in
8charge of repairs to sidewalks shall be conclusive evidence of
9the existence of the emergency justifying such repair] of 
10sidewalks.

11(b) A copy of the written report shall be served upon the
12abutting property owner, along with a notice to make emergency
13repairs to the sidewalk within forty-eight hours of service of
14the notice and report. The notice and copy of the report shall
15be served as provided in this article for constructing and
16maintaining sidewalks and curbs. It shall expressly state that
17emergency repairs are required. If the owner fails to make the
18emergency repairs within the prescribed time, the city may make
19the emergency repairs to the sidewalk.

20(c) Upon the completion of any emergency repairs, the cost
21thereof shall be a charge against the owner of the abutting
22property, and shall be a lien, until paid, upon the abutting
23property, provided a claim is filed therefor in accordance with
24the law providing for the filing and collection of municipal
25claims. The amount of the claim against the owner of the
26abutting property may also be collected from the owner by an
27action in assumpsit.

28Section 281. Section 3004 of the act is repealed:

29[Section 3004. Cost of Emergency Repairs to be a Lien.--Upon
30the completion of any emergency repairs, the cost thereof shall

1be a charge against the owner of the property, and shall be a
2lien, until paid, upon the abutting property, provided a claim
3is filed therefor in accordance with the law providing for the
4filing and collection of municipal claims. Any such charge may
5also be collected from the owner by an action in assumpsit.]

6Section 282. Article XXXI heading of the act is amended to
7read:

8ARTICLE XXXI

9BRIDGES [AND VIADUCTS]

10Section 283. Article XXXI subdivision (a) heading of the act
11is repealed:

12[(a) Construction and Maintenance]

13Section 284. Sections 3101, 3102 and 3103 of the act are
14amended to read:

15Section 3101. Construction and Maintenance of Bridges [and
16Viaducts].--(a) Cities may locate, build and maintain bridges
17[or viaducts, and], wholly or partially within the city limits, 
18along with the piers, abutments and approaches [therefor]
19appurtenant to the bridges, to be used as public streets[, over
20rivers, creeks, streams, railroads and private property, or over
21and across any of them, whether the said viaducts or bridges be
22wholly within, or partly without and partly within, the city
23limits].

24(b) As used in this article, a bridge shall mean a structure
25built to span and provide passage over a valley, road, railroad
26track, private property, river, creek, stream or any other body
27of water or physical obstacle, and shall include viaducts
28constructed from a series of spans or arches.

29Section 3102. Ordinance for Location of Bridges;
30Procedure.--Cities may enact ordinances fixing the location and

1providing for the laying-out and opening of the routes or
2locations for [said] bridges [and viaducts], which shall be
3public streets; and the proceedings for the laying-out and
4opening thereof, shall be the same as is provided by this act
5for the laying-out and opening of streets.

6Section 3103. Right to Appropriate Property; Assessment of
7Damages.--In case the city has not agreed with the owner or
8owners for the damages done, or likely to be done, by the
9erection of [said] the bridge [or viaduct], the city may take
10and appropriate the lands and property necessary, over and
11across which to erect [said] the bridge [or viaduct], and the
12measure of damages [and benefits caused by such] for the taking
13and appropriation shall be assessed in the same manner and with
14like proceedings as provided [by this act for property taken,
15injured or destroyed] for property taken, injured or destroyed 
16under 26 Pa.C.S. (relating to eminent domain).

17Section 285. Article XXXI subdivision (b) heading of the act
18is repealed:

19[(b) Joint Construction and Maintenance]

20Section 286. Section 3110 of the act is amended to read:

21Section 3110. [Contract] Agreement for Joint Construction
22and Maintenance.--(a) The city may [contract] enter into an 
23agreement with any political subdivision or other public agency
24whatsoever or public utility or any other person interested and
25by law authorized thereto, or with any or all of them, for the
26laying out, construction, improvement and maintenance of any
27bridge [or viaduct], or for certain parts thereof, and for the
28payment of any damages caused thereby.

29(b) An agreement as authorized in subsection (a) shall
30provide for the respective duties, obligations and

1responsibilities of the parties thereto, including, but not
2limited to, construction and maintenance of the bridge, or for
3certain parts thereof, and for payments relating thereto and
4damages caused thereby.

5(c) After an agreement, as authorized in subsection (a), has
6been entered into, the city in conjunction with the other
7parties thereto, shall have the authority to have prepared plans
8or specifications of the entire work, and thereafter advertise
9for bids in the manner required by law, and award the contract
10to the lowest responsible bidder. The city shall be liable to
11the contractor for only such part of the contract price as it
12has agreed to pay by the agreement, as authorized in subsection
13(a), but it shall, in addition, be liable to the contractor for
14any moneys actually paid into the city treasury by the other
15parties pursuant to the terms of the agreement.

16Section 287. Sections 3111, 3112 and 3113 of the act are
17repealed:

18[Section 3111. Stipulations of Joint Contract;
19Maintenance.--The contracts provided for in the preceding
20section may stipulate that the city shall pay a certain part of
21the whole contract price or cost of the work, including damages;
22or may stipulate that the city shall construct, or pay for the
23construction of, a certain part of the work, and may otherwise
24provide for the payment of the damages. When any railroad
25company, street railway, or other persons interested, agrees to
26pay a certain part of the cost of the entire work, it shall pay
27such part into the proper city treasury. Upon said payment, the
28city treasurer shall be liable therefor, and he shall pay the
29same over to the contractor, as may be provided in the contract.
30The said agreements may also provide for the maintenance of the

1said bridges and viaducts after their erection.

2Section 3112. Plans; Bids; Awarding of Contract.--After any
3joint contract has been entered into, the city in conjunction
4with the other parties thereto may have prepared plans or
5specifications of the entire work, and thereafter advertise for
6bids, and award the contract to the lowest responsible bidder.
7The city shall be liable to the contractor for only such part of
8the contract price as it has agreed to pay by the joint
9contract, but it shall, in addition, be liable to the contractor
10for any moneys actually paid into the city treasury by the other
11parties to the joint agreement.

12Section 3113. Subsequent Contract With Railroad Which has
13not Contributed toward Cost.--No railroad, which has not
14contributed to the payment of the cost of construction of said
15viaduct or bridge, shall be permitted to run its line or lines
16of tracks under said bridge or viaduct, unless it shall enter
17into a contract with the city to thereafter pay a reasonable
18amount, part or portion toward the keeping-up and maintaining of
19the said structure, which amount shall be at the same rate, on
20the same basis, as is paid by the other railroad companies.]

21Section 288. Section 3114 of the act is reenacted to read:

22Section 3114. Recording of Contract.--Any of the contracts
23hereinabove provided for may be recorded in the office of the
24recorder of deeds in the proper county. Such record shall be
25notice to all persons who might be affected thereby.

26Section 289. Section 3115 of the act is amended to read:

27Section 3115. Power to Construct Boundary Bridges.--Whenever
28a creek, over which a bridge may be necessary, shall be on the
29division line of a city and another municipality [or township],
30the city [shall unite] may enter into an intergovernmental
 

1agreement pursuant to 53 Pa.C.S. Ch. 23, Subch. A (relating to 
2intergovernmental cooperation) with [such] the municipality [or
3township in] for the construction and maintenance of a bridge[,]
4and [pay an equal share of the expenses incident thereto] for 
5apportionment of the costs.

6Section 290. Article XXXI subdivision (c) heading, section
73120, subdivision (d) heading and sections 3130, 3133 and 3134
8of the act are repealed:

9[(c) Acquisition of Existing Bridges

10Section 3120. Power to Acquire Existing Bridge.--Any city
11which is divided or separated in any of its territorial sections
12or parts by intervening rivers or streams of water may purchase,
13enter upon, take, use, hold and appropriate such bridge or
14bridges, together with the approaches and appurtenances thereto,
15lying within its corporate limits as shall have been erected and
16are now in use over such rivers or streams of water so dividing
17and separating the sections or parts aforesaid.

18(d) Acquisition of Toll-Bridges

19Section 3130. Power to Acquire Toll-Bridges.--Any city may
20purchase, condemn, maintain, and use any public toll-bridge
21crossing any river or stream within the limits of such
22municipality, together with the approaches and appurtenances
23thereto; and may enter into contracts, as hereinafter provided,
24with the county commissioners of the proper county, whereby said
25county shall pay a portion of the cost thereof.

26Section 3133. Contract with County for Purchase.--The city
27may enter into and unite in a contract with the county
28commissioners of the county in which said bridge is located upon
29such terms and conditions as may be agreed upon for the
30purchase, appropriation, or condemnation of said bridge. The

1contract may stipulate that the city and county shall pay a
2certain part or portion of the whole purchase price or damages
3allowed by condemnation proceedings. The amounts to be paid by
4the county shall be paid into the city treasury, and, upon said
5payment, the city treasurer shall be liable therefor, and it
6shall be held and applied solely for the said purpose or
7purposes. The said contracts may also provide for and include
8provisions for the maintenance, repair, and rebuilding of the
9said bridge, after its purchase or condemnation by the said
10city.

11Section 3134. To Become a Public Bridge; Rentals for Other
12than Foot and Vehicle Travel.--Whenever any toll-bridge shall be
13so purchased or condemned, the city shall control, maintain, and
14use the said bridge as a public bridge, but may charge tolls or
15rentals for the use thereof, from railway, telephone, and
16telegraph companies, and other persons making a use thereof for
17other than ordinary public foot and vehicle travel. Where
18contracts existed between such companies and persons and the
19owners of the bridge at the time of such purchase or
20condemnation, such contracts shall be preserved for the benefit
21of the city and shall be assigned thereto.]

22Section 291. The act is amended by adding a section to read:

23Section 3135. Acquisition of Existing Bridges.--Any city may
24purchase, condemn, maintain and use any public toll-bridge
25crossing any river or stream within the limits of the
26municipality, together with the approaches and appurtenances
27thereto, and may enter into contracts with the county
28commissioners or the legislative body in a county that has 
29adopted a home rule charter of the proper county whereby the
30county shall pay a portion of the cost thereof.

1Section 292. Article XXXII heading of the act is amended to
2read:

3ARTICLE XXXII

4SANITARY SEWERS

5Section 293. Article XXXII subdivision (a) heading of the
6act is repealed:

7[(a) Construction]

8Section 294. Section 3201 of the act, amended August 6, 1963
9(P.L.525, No.280), is amended to read:

10Section 3201. Construction of Sanitary Sewers; Cost; Eminent 
11Domain.--(a) Any city [may] shall have the power to construct
12and reconstruct, or cause to be constructed or reconstructed, in 
13its streets, and over and across public and private lands or 
14property, sanitary sewers of all kinds, main or local, with 
15extensions thereof, and with lateral and branch sewers 
16therefrom, including house connections to the curb[, in its
17streets, and over and across public and private lands or
18property, and pay the].

19(b) The cost and expense [thereof] of construction and 
20reconstruction in accordance with subsection (a) may be paid out
21of the general revenues or special funds raised for said
22purpose, or assess the same, in whole or in part, upon property
23benefited, improved or accommodated, as [hereinafter] provided 
24for in Article XLV-A.

25[For such purposes, the] (c) The city shall have the right
26of eminent domain to effectuate the purposes of this section.
27The damages for property taken, injured or destroyed shall be
28ascertained and paid as provided in [this act for such
29proceedings] 26 Pa.C.S. (relating to eminent domain).

30Section 295. The act is amended by adding a section to read:

1Section 3201.1. Required Connection; Fees.--In addition to
2paying for the cost and expense of construction or
3reconstruction in accordance with section 3201(b), a city may,
4by ordinance, require connection to a sanitary sewer system
5provided by the city or a municipal authority serving the city,
6and impose and charge to property owners who desire to or are
7required to connect to the sanitary sewer system a connection
8fee, a customer facilities fee, a tapping fee and other similar
9fees, as enumerated and defined by 53 Pa.C.S. § 5607(d)(24)
10(relating to purposes and powers of municipal authorities) as a
11condition of connection to a city-owned sewer collection,
12treatment or disposal facility.

13Section 296. Section 3202 of the act is repealed:

14[Section 3202. Fee for Tapping Where Sewer is Paid For by
15City.--Where the cost of constructing any sewer is paid for
16wholly or partially from city funds, the city may charge a
17reasonable fee for tapping or connecting with said sewer.]

18Section 297. Section 3203 of the act, amended August 6, 1963
19(P.L.525, No.280), is repealed:

20[Section 3203. Assessment of Cost of Local Part of Main
21Sewers.--In the case of the construction of main sanitary
22sewers, or of any sanitary sewer which can be used in part for
23main sanitary sewerage purposes, and in part as a local sanitary
24sewer, the city may provide for assessing the property
25benefited, improved or accommodated with the local sanitary
26sewerage part thereof, according to the foot-front, or the
27assessed valuation of the said property for city purposes, or
28according to benefits.]

29Section 298. Section 3204 of the act is repealed:

30[Section 3204. Costs of Main Sewers.--The cost of all main

1sewers, or of any sewers used in part for main sewerage
2purposes, over and above the amount thereof assessed for local
3sewerage, shall be paid for from the city funds.]

4Section 299. Section 3205 of the act, amended August 6, 1963
5(P.L.525, No.280), is repealed:

6[Section 3205. Assessment of Cost of Local Sewers.--Council
7may also provide that the cost and expenses of local, lateral,
8branch, including house connections to the curbs, and other
9sanitary sewers may be assessed against the property benefited,
10improved or accommodated according to the foot-front, or
11according to the assessed valuation thereof for city purposes,
12or according to benefits.]

13Section 300. Section 3206 of the act is amended to read:

14Section 3206. Construction of [Sewerage System and] Sanitary
15Sewage Treatment Works; Assessment of Cost.--[Any city may
16construct, or cause to be constructed, a sewerage system of
17sewers in streets, with extensions thereof, and with lateral and
18branch sewers therefrom to and in other streets, and in public
19or private lands, at the same time as part of the same
20improvement and under the same contract, and the cost and
21expense thereof may be assessed as provided in this article.]
22(a) Any city may construct or cause to be constructed sanitary
23sewage treatment works, and the same may likewise be a part of
24the same improvement and under the same contract as sanitary 
25sewers.

26(b) Sewage treatment works may be erected within or without
27the limits of the city. The city shall have authority to
28acquire, by eminent domain or otherwise, property within or, 
29subject to the limitations in 26 Pa.C.S. § 206 (relating to 
30extraterritorial takings), without the limits of the city deemed

1necessary for such treatment works and the sewers leading
2thereto.

3Section 301. Sections 3207 and 3208 of the act, amended
4August 6, 1963 (P.L.525, No.280), are repealed:

5[Section 3207. Reductions in Assessments for Corner or
6Irregular Shaped Lots.--Where council determines to construct
7local, lateral, and other sanitary sewers, and to assess the
8cost and expenses thereof according to the foot-front rule, they
9shall provide for a reduction of an equitable part from the
10frontage of the longest side of all corner lots, and at other
11places, where, from the peculiar or pointed shape of the lots,
12an assessment for the full frontage would be inequitable. If the
13owner of the property benefited, improved or accommodated by the
14sanitary sewers is not satisfied with the allowance or
15reduction, or refuses to accept the same, he shall have the
16right to appeal to the court of common pleas; and the
17proceedings shall be as provided in this act for the assessment
18of damages and benefits by viewers or by such other lawful
19procedure as the court may determine.

20Section 3208. Assessment of Cost by Viewers Appointed by
21Council.--Where the council determines to construct main, local,
22lateral, or branch sanitary sewers, and to assess the cost and
23expense thereof according to benefits, in addition to the
24remedies which now or may hereafter exist for the assessment of
25the said cost and expense by viewers appointed by court, council
26may appoint three disinterested freeholders as viewers, who, or
27a majority of whom, shall assess the costs and expenses of said
28sanitary sewers upon the lands benefited, improved or
29accommodated thereby in proportion, as nearly as may be, to the
30benefits which may result to each lot or parcel of land. Said

1viewers, or a majority thereof, shall report their assessment to
2the council, in the manner hereinafter set forth, and council
3shall act thereon as hereinafter provided.]

4Section 302. Sections 3209, 3210, 3211 and 3212 of the act
5are repealed:

6[Section 3209. Report of Council's Viewers; Notice;
7Objections; Hearing.--Said viewers, or a majority of them, shall
8make report in writing, specifying the amount assessed by them
9upon each lot or parcel of land for main or local sewerage
10separately, and file the same with the city clerk within such
11time as the council shall direct. After the report is filed,
12council shall cause not less than ten days' public notice to be
13given, by publication once in two newspapers of the city, as
14required by section one hundred and nine of this act, of the
15object of such assessments, and that the same will come for
16confirmation at a time to be specified in said notice.
17Objections to the assessment shall be in writing and be filed
18with the city clerk, and may be heard before the city council at
19the time specified in the notice. Council may, after hearing
20objections, modify, set aside, or confirm said assessments. If
21council sets aside the first or any other assessment, they may
22appoint other viewers, of the same qualifications as
23hereinbefore provided, and cause new assessments to be made, and
24the proceedings shall be the same as provided for the first
25assessment.

26Section 3210. Certification of Assessments for Collection;
27Liens.--After making assessments for sewers, council may direct
28that they be certified to the city treasurer, or to such party
29as said assessments may be assigned to for collection. If such
30assessments are not paid within such time as council may by

1ordinance prescribe, it shall be lawful to file liens therefor
2in the prothonotary's office of the proper county, as provided
3by law. Said liens shall bear interest from the time the
4assessments were payable, at the rate of six per centum, per
5annum, until paid.

6Section 3211. Rental Charge for Use of Sewers.--Cities may
7provide by ordinance for the imposition and the collection of an
8annual rental, rate or charge for the use of sewers, sewer
9systems, or sewage treatment works as authorized by law.

10Section 3212. Limitation of Amount of Sewer Rental Charge.--
11Such annual rental, rate or charge shall not exceed the amount
12authorized by law.]

13Section 303. Section 3213 of the act, amended December 18,
141992 (P.L.1424, No.175), is repealed:

15[Section 3213. Collection of Sewer Rentals.--(a) Council
16shall provide for the collection of such annual rentals, rates
17or charges.

18(b) In the case of a city which has agreed to provide sewer
19service to a residential dwelling unit in which the owner does
20not reside, the city shall notify the owner and the tenant
21within thirty days after the tenant's bill for that service
22first becomes overdue. Such notification shall be provided by
23first class mail to the address of the owner provided to the
24city by the owner and to the billing address of the tenant,
25respectively. Nothing herein shall be construed to relieve the
26owner of liability for such service unless the city fails to
27provide the notice required herein.]

28Section 304. The act is amended by adding a section to read:

29Section 3213.1. Rental Fees or Charges.--(a) All persons
30whose property is connected to a sanitary sewer system shall pay

1to the city, in addition to the cost of making the connection, a
2monthly, quarterly, semiannual or annual charge. The charges
3shall be imposed by the city in accordance with procedures
4approved by council. Until paid, a charge shall constitute a
5lien against the property connected to the sanitary sewer system
6and the amount thereof may be recovered by due process of law
7through an action in assumpsit in the name of the city against
8the owner of the property charged or by a lien filed in the
9nature of a municipal lien. All water utilities supplying water
10to users within the boundaries of any city shall at the request
11of the council furnish to the city, at reasonable times agreed
12to by the city and water utilities, a list of all water meter
13readings and flat-rate water bills, and the basis for each flat-
14rate water charge, so that the data may be used in calculating
15sewer rental fees. The city may pay to the utilities clerical
16and other expenses incurred in the preparation of the lists.

17(b) Nothing in this section shall be construed to repeal or
18modify any of the provisions of 66 Pa.C.S. (relating to public
19utilities).

20(c) Subject to subsection (d), all sanitary sewer rentals
21received shall be deposited in a special fund to be used only
22for the payment of the cost of administration, construction,
23reconstruction, repair, operation and maintenance of the
24sanitary sewer system.

25(d) Notwithstanding the provisions of the act of July 18,
261935 (P.L.1286, No.402), entitled "An act empowering counties,
27cities, boroughs, incorporated towns, and townships to charge
28and collect from owners of and water users in property served
29thereby, annual rentals, rates or charges for the use of certain
30sewers, sewerage systems and sewage treatment works, including

1charges for operation, inspection, maintenance, repair,
2depreciation, and the amortization of indebtedness and interest
3thereon; empowering counties, cities, boroughs, incorporated
4towns and townships to contract with authorities organized by
5cities of the second class, by cities of the second class A, by
6counties or by cities of the third class for sewer, sewerage and
7sewage treatment services; to grant, convey, lease, transfer,
8encumber, mortgage and pledge to such authorities, their sewers,
9sewerage systems and sewage treatment works; to assign and
10pledge to such authorities rentals, rates and charges charged
11and collected by them for the use thereof, and to assign to such
12authorities their power to charge and collect the same; and
13validating all such contracts, grants, conveyances, leases,
14transfers, assignments, encumbrances, mortgages and pledges
15heretofore made," or any other law, city council may transfer
16part of the sanitary sewer rentals in the special fund to the
17general fund to meet immediate general financial obligations or
18to ensure adequate cash flow for city operations, provided,
19however, that money transferred from the special fund to the
20general fund shall be repaid to the special fund prior to the
21end of the fiscal year or at a date specific as council may
22determine.

23(e) In the case of a city which has agreed to provide
24sanitary sewer service to a residential dwelling unit in which
25the owner does not reside, the city shall notify the owner and
26the tenant within thirty days after the tenant's bill for that
27service first becomes overdue. The notification shall be
28provided by first class mail to the address of the owner
29provided to the city by the owner and to the billing address of
30the tenant, respectively. Nothing in this subsection shall be

1construed to relieve the owner of liability for such service
2unless the city fails to provide the notice required herein.

3Section 305. Section 3214 of the act is repealed:

4[Section 3214. Collection of Sewer Rentals.--Such annual
5sewer rentals or charges shall be a lien on the properties
6charged with the payment thereof from the date set in the
7ordinance, and, if not paid after thirty days' notice, may be
8collected by an action in assumpsit in the name of the city
9against the owner of the property charged or by distress of
10personal property on the premises or by a lien filed in the
11nature of a municipal lien.]

12Section 306. Section 3215 of the act, added August 6, 1963
13(P.L.525, No.280), is repealed:

14[Section 3215. Tapping Fees.--Each city may provide by
15ordinance for charging a tapping fee whenever the owner of any
16property connects such property with a sewer system constructed
17or acquired by the city, which fee shall be in addition to any
18charges assessed and collected against such property in the
19construction or acquisition of such sanitary sewer by the city,
20or any rental charges assessed by the city. In any case where
21the property connected or to be connected with the sanitary
22sewer system of the city is not equipped with a water meter, the
23city may install such a meter at its own cost and expense. If
24the property is supplied with water from the facilities of a
25public water supply agency, the city shall not install such
26meter without the consent and approval of the public water
27supply agency.]

28Section 307. Article XXXII subdivision (b) heading and
29sections 3220, 3221 and 3222 of the act are repealed:

30[(b) Acquisition of Existing Sewers

1Section 3220. Purchase of Existing Sewers.--Any city, in
2which any corporation created and existing under and by virtue
3of the laws of this Commonwealth, or any person or persons or
4unincorporated associations, have constructed and are
5maintaining or may hereafter construct and maintain sewers,
6culverts, conduits, and pipes, with the necessary inlets and
7appliances, for surface, under-surface and sewage drainage, may
8become the owner of such sewers, culverts, conduits, and pipes,
9with the necessary inlets and appliances, for surface, under-
10surface, and sewage drainage, and the property of such company,
11person or persons, or unincorporated associations, by paying
12therefor the actual value of the same at the time of taking by
13the city.

14Section 3221. Ascertainment of Price in Case of
15Disagreement.--In case of disagreement as to the amount to be
16paid, the same shall be ascertained in the manner provided by
17this act in case of property taken, injured or destroyed.

18Section 3222. Appointment of Viewers.--Whenever the amount
19to be paid by any city to any corporation, person or persons, or
20unincorporated association, for the acquisition of such sewers,
21culverts, conduits, and pipes, with the necessary inlets and
22appliances, shall have been ascertained in the manner provided
23in the preceding section, the court of common pleas of the
24proper county, or any law judge thereof in vacation, on
25application thereto by petition by said city or any person
26interested, shall appoint viewers who shall assess the costs and
27expenses of the sewers, culverts, conduits, and pipes, with the
28necessary inlets and appliances, acquired by said city, upon the
29property benefited according to benefits, if sufficient can be
30found, but if not, then the deficiency, when finally

1ascertained, shall be paid by the city; and the proceedings of
2said viewers, and the proceedings on their report, shall be as
3provided in this act for the assessment of damages and
4benefits.]

5Section 308. The act is amended by adding a section to read:

6Section 3222.1. Acquisition of Existing Sanitary Sewer
7Systems.--(a) A city may, by ordinance, acquire all or part of
8an existing sanitary sewer system or community subsurface
9sanitary sewage collection and treatment system.

10(b) Acquisition may be by any of the following means:

11(1) By purchase, when the city and the owner can agree on a
12price not exceeding the actual value of the sanitary sewer
13system or part thereof to be transferred.

14(2) By deed of dedication to the city by the owner of the
15sanitary sewer system or part thereof.

16(3) If the facilities are within the city, by the exercise
17of eminent domain.

18(c) If any sanitary sewer system or community subsurface
19sanitary disposal collection and treatment system is acquired by
20purchase or eminent domain under this section, the cost of
21acquisition may be distributed or assessed under this act as
22when a sanitary sewer system is constructed by the city.

23(d) The rights, powers and duties of the city with respect
24to acquired sanitary sewer systems are the same as exist with
25respect to sanitary sewer systems constructed by the city.

26Section 309. Article XXXII subdivision (c) heading of the
27act is repealed:

28[(c) Construction of Sewers Outside Cartway and Curb Lines]

29Section 310. Section 3230 of the act, amended August 6, 1963
30(P.L.525, No.280), is amended to read:

1Section 3230. [Power to Construct] Sewers Outside Cartway 
2and Curb Lines.--(a) Cities may require and permit sanitary
3sewers and sewer pipes to be laid and constructed outside the
4cartway and the curb lines thereof in any street or highway.

5The [said] sanitary sewers shall be for the service and use
6of the property on the side of the street or highway in which
7they are laid.

8(b) The costs and expenses of any sanitary sewer laid and
9constructed in accordance with subsection (a) may be assessed
10against the property benefited, improved and accommodated by the
11sanitary sewer.

12Section 311. Section 3231 of the act, amended August 6, 1963
13(P.L.525, No.280), is repealed:

14[Section 3231. Collection of Costs and Expenses.--The costs
15and expenses of any sanitary sewer laid and constructed as
16aforesaid may be assessed against the property benefited,
17improved and accommodated by the sanitary sewer and such costs
18and expenses, when so assessed, shall be assessed and collected
19in the same way and manner as the cost and expenses of other
20sanitary sewers are assessed and collected in the respective
21city in which the same are laid.]

22Section 312. Article XXXII subdivision (d) heading of the
23act is repealed:

24[(d) Joint Sewers]

25Section 313. Section 3240 of the act, amended August 6, 1963
26(P.L.525, No.280), is amended to read:

27Section 3240. Building Joint Sewers.--(a) Cities may
28jointly with other municipalities or [townships or both]
29municipal authorities build and construct sanitary sewers,
30including trunk-line sewers or drains and sewage treatment

1works, and may connect into such system existing sanitary
2sewers, and may assess their respective portions of the cost
3thereof, or so much thereof as may be legally assessable, upon
4property benefited, improved and accommodated by the improvement
5[either by viewers as is provided in the case of cities by
6sections three thousand two hundred and eight, three thousand
7two hundred and nine, and three thousand two hundred and ten of
8this act or by the foot-front rule or assessed valuation, as
9provided in section three thousand two hundred and three of this
10act] pursuant to Article XLV-A. Any portion of the cost of
11[such] an improvement not assessed or not assessable shall be
12paid [by the respective cities, boroughs, and townships joining
13as may be agreed upon] as agreed upon by the respective cities 
14and other municipalities or municipal authorities.

15(b) The cities[, boroughs, and townships] and other 
16municipalities or municipal authorities joining or contemplating
17joining in any such improvement, in order to facilitate the
18securing of preliminary surveys and estimates and the building
19of [such] the improvement, may by ordinance or resolution
20provide for the appointment of a joint sewer board composed of
21one representative from each of the cities[, boroughs, and
22townships] and other municipalities or municipal authorities
23joining which shall act generally as the advisory and
24administrative agency in securing [such] surveys and estimates
25and in the construction of [such] the improvement, and its
26subsequent operation and maintenance. The members of [such] the
27board shall serve for terms of six years each from the dates of
28their respective appointments, and until their successors are
29appointed. The joint sewer board shall organize by the election
30of [chairman, vice-chairman] a chair, vice-chair, secretary, and

1treasurer. The several cities[, boroughs, and townships] and 
2other municipalities or municipal authorities may, in the
3ordinances and resolutions creating the joint sewer board,
4authorize the board to appoint an engineer, a solicitor, and
5[such] other assistants as are deemed necessary; and agree to
6the share of the compensation of [such] the persons each city[,
7borough, and township] and other municipalities or municipal 
8authorities is to pay. The members of the joint sewer board
9shall receive [such] compensation for attending meetings of the
10board, as shall be fixed in the budget prepared by the board for
11submission to and adoption by the several cities[, boroughs, and
12townships] and other municipalities or municipal authorities as
13hereinafter provided[, and the]. The budget item providing for
14the compensation to members for attending meetings shall not
15exceed a total of two hundred and fifty dollars per year, and no
16member shall be paid unless [he] the member actually attends,
17and the fee for each [such] attendance shall be stipulated, and
18the members, in addition thereto, shall be entitled to actual
19expenses to be paid by the respective cities[, boroughs, and
20townships] and other municipalities or municipal authorities
21which [such] the members represent.

22(c) The joint sewer board shall have power to adopt rules
23and regulations to govern its proceedings, and shall prepare and
24suggest any practical measures and plans by means of which the
25joint improvement may be carried to successful completion; and
26the future development of the system, so as to conform to a
27general plan, assured and safeguarded. [It] The joint sewer 
28board shall have power to prepare a joint agreement or
29agreements for submission to and adoption by the several
30cities[, boroughs, and townships] and other municipalities or
 

1municipal authorities defining the advisory and administrative
2powers of the board; setting forth the consents of the several
3cities[, boroughs, and townships] and other municipalities or 
4municipal authorities to the proposed improvement; the manner in
5which preliminary and final plans, specifications, and estimates
6for the proposed improvement shall be prepared and adopted; how
7proposals for bids shall be advertised, and contracts let; the
8manner in which the costs of the improvement and other
9incidental and preliminary expenses in connection therewith, and
10the future cost of operation and maintenance shall be equitably
11shared, apportioned, and paid; and all such other matters
12including the preparation and submission of annual and other
13budgets as may be deemed necessary or required by law to carry
14the proposed improvement to completion and to assure future
15maintenance and operation thereof. [But nothing herein] Nothing
16contained herein shall authorize the board to make any
17improvement or expend any public moneys which has not first been
18authorized by all of the cities[, boroughs, and townships] and 
19other municipalities or municipal authorities proceeding with
20the improvement.

21(d) In any case where it shall be necessary to acquire,
22appropriate, injure, or destroy private property of any kind to
23build any [such] joint sewer improvement, and the same cannot be
24acquired by purchase or gift, the right of eminent domain shall
25vest in the city[, borough, or township] or other municipalities 
26or municipal authorities where [such] the property is located.
27In any case where it shall be necessary to acquire, injure, or
28destroy property of any kind in any territory not within the
29limits of any of the cities[, boroughs, or townships] and other 
30municipalities or municipal authorities joining in the

1improvement[;] then, subject to the limitations in 26 Pa.C.S. § 
2206 (relating to extraterritorial takings), the right of eminent
3domain shall be vested in any city[, borough, or township
4adjacent to such territory where such property is located] and 
5other municipalities or municipal authorities joining in the 
6sewer improvement. Damages for any property taken, injured, or
7destroyed shall be assessed as provided by the general laws
8relating to the cities[, boroughs, and townships] and other 
9municipalities or municipal authorities exercising the right of
10eminent domain[;] and pursuant to the procedures of 26 Pa.C.S.
11(relating to eminent domain) if applicable, and shall be paid by
12the several cities[, boroughs, and townships] and other 
13municipalities or municipal authorities joining in the same
14proportion as other costs of the improvement.

15(e) Each of the cities joining in [any such improvement] an 
16improvement authorized by this section shall have power to incur
17or increase its indebtedness[, not exceeding the constitutional
18limits, for the purpose of paying its share or portion of the
19costs of such improvement in the manner provided by law for the
20incurring of indebtedness] in accordance with 53 Pa.C.S. Pt. 
21VII, Subpt. B (relating to indebtedness and borrowing), for the 
22purpose of paying its share or portion of the costs of the 
23improvement.

24Section 314. Section 3241 of the act is amended to read:

25Section 3241. Approval of [Sanitary Water Board] Department 
26of Environmental Protection.--No [such] sewer or plant shall be
27constructed until plans and specifications have been submitted
28to the [Sanitary Water Board] Department of Environmental 
29Protection, and approved in accordance with provisions of [the
30act of assembly providing for such approval] applicable law.

1Section 315. Sections 3242, 3243 and 3244 of the act are
2repealed:

3[Section 3242. Connections with Sewers of Adjacent
4Municipalities.--Any city may connect with an existing sewer,
5owned by any adjacent municipality, for sewage purposes, in the
6manner prescribed in the following sections of this subdivision
7of this article.

8Section 3243. Applications to Court.--Whenever any city
9desires to connect with the existing sewer of any adjacent
10municipality, and no agreement has been reached between such
11city and the adjacent municipality, an application shall be made
12by council to the court of quarter sessions of the county,
13setting forth that fact.

14Section 3244. Appointment of Viewers.--If the court shall be
15of the opinion that such connection can be made without
16impairing the usefulness of the existing sewer, it shall appoint
17three viewers, who shall view the premises and investigate the
18facts of the case, and shall assess the proportionate part of
19the expense of building the original sewer upon such city, and
20shall fix the proportion of the expense for repairs which each
21municipality shall thereafter bear, and determine all other
22questions liable to arise in connection therewith.]

23Section 316. Section 3245 of the act, repealed in part June
243, 1971 (P.L.118, No.6), is repealed:

25[Section 3245. Report of Viewers; Appeals to Court.--The
26viewers shall report to the court the result of their
27investigation, which report shall be confirmed within thirty
28days, unless exceptions thereto be filed. After confirmation of
29such report, or the disposal of any exceptions, any party
30interested may appeal from the decision of the court of quarter

1sessions.]

2Section 317. The act is amended by adding a section to read:

3Section 3245.1. Municipal Corporation; Municipal Authority;
4Agreements for Connections; Appointment of Viewers.--(a) Any
5city may by agreement connect with an existing sanitary sewer
6owned by any municipal corporation or municipal authority for
7either sanitary sewage collection or treatment purposes.

8(b) When any city desires to connect with the existing sewer
9of any municipal corporation or municipal authority and no
10agreement has been reached between the city and the municipal
11corporation or municipal authority, city council shall present a
12petition to the court of common pleas setting forth those facts.
13The court shall fix a day for a hearing and notify all
14interested parties thereof. If, after the hearing, the court
15determines that the connection can be made without impairing the
16usefulness of the existing sanitary sewer system, the court
17shall appoint three viewers to view the premises, investigate
18the facts of the case, assess the necessary costs and expenses
19of making the connection and assess the proportionate part of
20the expense of building the original sanitary sewer system upon
21the city. The court shall determine the proportion of the
22expense for repairs which each municipal corporation, municipal
23authority and the city shall bear and shall determine all other
24questions liable to arise in connection therewith.

25(c) The viewers shall report to the court the result of
26their investigation, which report shall be confirmed within
27thirty days, unless exceptions thereto are filed. After
28confirmation of the report, or the disposal of any exceptions,
29any party interested may appeal from the decision of the court
30of common pleas.

1Section 318. Article XXXII subdivision (e) heading of the
2act is repealed:

3[(e) Power to Furnish Sewerage Facilities Outside of City]

4Section 319. Section 3250 of the act is amended to read:

5Section 3250. Sewers Extended Outside of City.--[All cities,
6wherein the title to the sewerage system therein located, is, or
7shall hereafter be in the name of the city,] A city with a 
8sanitary sewer system may extend [such] the system and construct
9sewers beyond the [bounds of the cities wherein they are located
10into the county and municipalities of the county in the vicinity
11of such cities,] city's boundaries into adjoining municipalities 
12in the county where the city is located and furnish sewer
13facilities to, and permit the tapping and the connection
14therewith by any and all corporations, institutions, persons and
15municipalities in the [counties in which said cities are] county 
16where the city is located in accordance with law and the rules
17and regulations of the Pennsylvania Public Utility Commission.
18This section does not authorize a city to extend a sewerage
19system or construct sewers in territory outside the boundaries
20of such cities in which sewerage facilities are furnished by a
21private company or by a municipality authority.

22Section 320. Article XXXIII and subdivision (a) headings,
23sections 3301 and 3302, subdivision (b) heading and sections
243310, 3311, 3312, 3313, 3314 and 3315 of the act are repealed:

25[ARTICLE XXXIII

26COLLECTION BY INSTALMENT OF THE COST OF STREET

27AND SEWER IMPROVEMENTS

28(a) Street and Sewer Improvements

29Section 3301. Payment of Assessments in Instalments.--
30Whenever any ordinance is passed providing for the grading,

1paving or other improvement of any street, or part thereof, or
2for the construction of any sewer, the expense whereof is to be
3defrayed by local assessments, it may be prescribed in such
4ordinance that the assessments may be paid in not more than ten
5equal instalments, payable at such times as may be fixed by
6ordinance, the last thereof not to be more than ten years after
7the completion of the work on the improvement for which it is
8assessed. The instalments shall bear interest at the rate of not
9more than six per centum per annum, commencing at such time as
10may be fixed by ordinance. If any of said instalments shall
11remain unpaid for two months after the same shall become due and
12payable, the whole of the assessment remaining unpaid shall be
13due and payable. Any person upon whom such assessment has been
14made may pay all or as many as he chooses of such instalments
15before the same are due.

16Section 3302. Collection of Assessments.--All assessments
17made in pursuance hereof shall be collected in the same manner
18and with the same penalties as provided by law for the
19collection of municipal claims.

20(b) Street Improvements

21Section 3310. Issue of Bonds for Payment of Cost of
22Improvement.--In order to provide for the payment of the cost
23and expense of the permanent paving and improvement of any
24street, or part thereof, cities may in addition to other methods
25provided, from time to time, issue their bonds in such sums as
26may be required, in all to an amount not exceeding the cost and
27expense of such improvement and interest thereon.

28Said bonds shall bear the name of the street to be improved.
29They shall bear interest at a rate not exceeding six per centum
30per annum, payable semi-annually, on the first day of July and

1January, and their maturity shall be fixed in accordance with
2the Municipal Borrowing Law.

3Section 3311. Disposition of Proceeds of Sale of Bonds;
4Assessment on Properties.--Said bonds shall be negotiated at not
5less than par as other bonds of said cities are negotiated, and
6the proceeds thereof applied solely to the payment of the cost
7of said improvement. The contract price of the same, and
8interest thereon to the first day, when interest thereon is
9payable, shall be taken as the cost of said improvement, to be
10assessed on the property benefited, according to the provisions
11of this act.

12Section 3312. Entering of Assessments as Liens.--Such
13assessments shall be entered in the proper municipal lien and
14judgment docket in the prothonotary's office, and shall, if
15filed within six months from the completion of the improvements,
16without the issuing of a scire facias to revive, remain a first
17lien upon the property assessed until fully paid, having
18precedence of all other liens, except taxes, and shall not be
19diverted by any judicial sale, unless the payment of the same is
20provided for from the proceeds of such sale.

21The assessment shall state the name of the city claimant, the
22name of the owner or reputed owner, a reasonable description of
23the property, the amount claimed to be due, for what improvement
24the claim is made, and the time when the assessment was finally
25confirmed or made.

26Section 3313. Instalment Payment of Assessments.--Such
27assessment shall be payable at the city treasurer's office in
28equal semi-annual instalments, with interest, at the rate
29provided in said bonds, from the date to which interest was
30computed on the amount of the assessments, or so much as remains

1unpaid from time to time, until all said assessments and
2interest are fully paid. The money so received by the city
3treasurer shall be applied to the sinking fund.

4Section 3314. Collection of Unpaid Instalments.--In case of
5default in the payment of any semi-annual instalment of said
6assessment and interest for a period of sixty days after the
7same shall become due and payable, the entire assessment and
8accrued interest shall become due and payable, and the city
9solicitor shall proceed to collect the same under the provisions
10of laws creating and regulating municipal liens and proceedings
11thereon.

12Section 3315. Payment in Advance; Discharge of Lien as Part
13of Property.--Any owner of property against whom an assessment
14shall have been made for such improvement shall have the right
15to pay the same, or any part remaining unpaid, in full with
16interest thereon to the next semiannual payment due on said
17assessment, and such payment shall discharge the lien. If any
18owner shall subdivide any property after such lien attaches, he,
19in like manner, may discharge the same upon any subdivided
20portion thereof by paying the amount for which said part would
21be liable.]

22Section 321. Article XXXIV heading of the act is amended to
23read:

24ARTICLE XXXIV

25[WATER-COURSES]

26WATERCOURSES, FLOOD PROTECTION PROJECTS

27AND STORM WATER SYSTEMS

28Section 322. Section 3401 of the act is amended to read:

29Section 3401. [Changing of Water-Courses] Establishing and 
30Changing Watercourses, Flood Protection Projects and Storm Water
 

1Systems; Removing Obstructions [Therefrom.--Cities].--(a)
2Subject to obtaining, if required, the authorization of the 
3Department of Environmental Protection and of the Federal 
4Government, a city may, by ordinance, [after the consent of the
5Water and Power Resources Board and of the Federal government,
6where required, has first been obtained, establish the lines,
7change and] do any of the following:

8(1) Realign, change or vacate the channels, beds, and mouths
9of [water-courses] watercourses through lands, marshes or waters
10in or adjacent to the city[; crib, wall, confine], subject to 
11the limitations in the act of August 7, 1936 (1st Sp.Sess., 
12P.L.106, No.46), referred to as the Flood Control Law, the act 
13of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams 
14Law," the act of November 26, 1978 (P.L.1375, No.325), known as 
15the "Dam Safety and Encroachments Act," and 26 Pa.C.S. § 206 
16(relating to extraterritorial takings).

17(2) Confine, pave or completely [inclose, and prevent]
18enclose watercourses within the city.

19(3) Prevent and remove obstructions [therefrom at the
20expense of those causing the same; and, for such purposes, may
21enter upon and condemn such property and materials as may be
22necessary. Cities may construct] and encroachments from 
23watercourses and the banks of streams that threaten or do injure 
24the city or property therein, at the expense of those that 
25caused the obstruction or encroachment through proceedings at 
26law or equity.

27(4) Construct and maintain dams [as hereinafter provided.
28Cities may also, by ordinance, establish the lines of banks of
29streams of water which pass through or along the boundary of
30such cities, and by proceedings at law or equity prevent and

1remove all such encroachments on the banks of streams and water-
2courses as threaten to or do injure the city or the property
3therein.] in a watercourse flowing through the city, or partly 
4within and partly outside its corporate limits, for the purpose 
5of improving the public health, safety and welfare in the city.

6(5) Plan and provide for projects, infrastructure and
7improvements as a means of managing and controlling storm water,
8which may include, but need not be limited to, the transport,
9storage and the infiltration of storm water and other innovative
10techniques identified in the county-prepared watershed plans
11pursuant to the act of October 4, 1978 (P.L.864, No.167), known
12as the "Storm Water Management Act."

13(6) Plan and provide for projects, infrastructure, and
14improvements as a means of providing flood protection pursuant
15to the Flood Control Law.

16(b) A city may, for any of the purposes in this section,
17purchase, acquire, enter upon, take, use and appropriate private
18property and materials as necessary. Condemnation proceedings
19shall be pursuant to the procedures in 26 Pa.C.S. (relating to
20eminent domain), and any takings of property outside the limits
21of the city shall be subject to the limitations in 26 Pa.C.S. §
22206.

23Section 323. Sections 3402, 3403, 3404, 3405 and 3406 of the
24act are repealed:

25[Section 3402. Notice.--No ordinance for the establishment
26of lines or the vacation or alteration of the course or channel
27of any water-course shall be passed, until notice thereof has
28been given, by publication of the proposed ordinance, at least
29once a week for three consecutive weeks, in one newspaper in
30accordance with the provisions of section one hundred nine of

1this act.

2Section 3403. Viewers to Assess Damages.--The city may, at
3any time after the passage of the ordinance, present a petition
4to the court of common pleas, setting forth the lines
5established and the nature of the vacation or alteration
6proposed in the course or channel of such water-course, together
7with a description of the proposed improvements, and praying the
8court to appoint three viewers to ascertain the damages, costs,
9and expenses resulting therefrom, and to assess the damages,
10costs, and expenses, for so much thereof as the viewers may deem
11reasonable, upon the property benefited.

12Section 3404. Appointment of Viewers.--The court, or any law
13judge thereof in vacation, shall appoint three viewers from the
14county board of viewers, and appoint a time, not less than
15twenty nor more than thirty days thereafter, when the viewers
16shall meet upon the line of the improvement and view the same
17and the premises affected.

18Section 3405. Proceedings to Assess Damages.--The
19proceedings before such viewers for the allowances of damages
20for property taken, injured or destroyed, and for the assessment
21of benefits upon property benefited, shall be as provided in
22this act for the assessment of damages and benefits in eminent
23domain proceedings.

24Section 3406. Discontinuance of Proceedings.--If any city
25shall repeal any ordinance passed, or discontinue any proceeding
26taken, providing for any such improvements, prior to the entry
27upon, appropriation, or injury to any property or materials, the
28city shall not be liable to pay any damages, but all costs upon
29any such proceeding, together with any actual damage or injury
30sustained by reason of such proceeding, shall be paid by the

1city.]

2Section 324. Sections 3407 and 3408 of the act are amended
3to read:

4Section 3407. [Liens.--When the court has entered its final
5decree confirming the report or fixing the assessments, the] 
6Assessment of Benefits; Liens.--With regard to improvements made 
7pursuant to section 3401(a), a city may, if feasible, assess the 
8benefits upon property benefited by the improvements pursuant to 
9Article XLV-A. The assessments of benefits shall become liens
10upon the property assessed. Claims therefor may be collected in
11the same manner as municipal claims are collected, or they may
12be collected by action of assumpsit, the lien of the judgment,
13however, to be limited to the property assessed.

14Section 3408. Waters Excepted.--Nothing contained in the
15preceding sections of this article shall apply to any [water-
16course] watercourse used by any municipality or water company as
17a source of supply, unless [such] the municipality or water
18company shall consent to [such] the vacation or alteration.

19Section 325. Section 3409 of the act is repealed:

20[Section 3409. Construction of Dams.--Whenever the consent
21of the Water and Power Resources Board and of the Federal
22government, whenever necessary, has been granted to any city to
23construct and maintain a dam, in a public navigable river or
24stream flowing through, or partly within and partly without its
25corporate limits, for the purpose of improving the sanitary
26conditions thereof, such city may purchase, acquire, enter upon,
27take, use and appropriate private property, either within or
28without its territorial limits, for that purpose. If the city
29cannot agree with the owner or lessee of such private property
30upon the compensation for the property appropriated or the

1damages done, or when, by reason of the absence or legal
2incapacity of any such owner or lessee, no such compensation can
3be agreed upon, the court of common pleas of the county in which
4such property may be situate, or any judge thereof in vacation,
5on application thereto by petition by said city or such owner,
6lessee, or any person affected, shall appoint viewers to view
7and ascertain the damages done by reason thereof, and the
8proceedings thereupon shall be as provided in this act in the
9case of property taken, injured or destroyed.]

10Section 326. Article XXXV heading of the act is amended to
11read:

12ARTICLE XXXV

13[PUBLIC] UTILITY SERVICE

14Section 327. Article XXXV subdivision (a) and subheading (1)
15headings and section 3501 of the act are repealed:

16[(a) Water Supply

17(1) General Provisions

18Section 3501. Exclusive Right to Furnish Water to City;
19Frontage Tax.--Each city shall have the exclusive right, at all
20times, to supply the city with water, and such persons,
21partnerships, and corporations therein as may desire the same,
22at such prices, as may be agreed upon; and for that purpose to
23have, at all times, the unrestricted right, by ordinance,
24subject to the provisions of existing laws, to make, erect, and
25maintain all proper works, machinery, buildings, cisterns,
26reservoirs, pipes, conduits, for the raising, reception,
27conveyances, and distribution of water; or, in territory not
28supplied with water, to make contracts with and authorize any
29person, company, or association so to do and to give such
30person, company, or association the privilege of furnishing

1water, as aforesaid, for any length of time not exceeding ten
2years. Whenever an extension of a supply of water to portions of
3the city not previously supplied shall be made, it shall be
4lawful to charge all owners of houses, lots, and buildings on
5each side of the street a frontage tax for the local water
6supply part thereof according to the foot front or the assessed
7valuation of the property for city purposes or according to
8benefits. This tax shall be collected and recovered in the
9manner provided by law for the recovery of municipal claims. The
10legal title to all waterworks heretofore vested in any city by
11equitable title shall, after the effective date of this act, be
12vested in such city. Said waterworks shall be operated,
13maintained, and managed in the same manner and subject to the
14same provisions as any waterworks, owned or acquired by cities.]

15Section 328. The act is amended by adding a section to read:

16Section 3501.1. Right to Furnish Water, Lighting, Electric,
17Gas or Other Similar Utility Service.--(a) A city may supply
18water, lighting, electric, gas or other similar utility service
19for public and private uses within the city. For these purposes,
20a city shall have the power to install, maintain, and operate
21all necessary facilities and to acquire property and make
22improvements as needed. In carrying out the authority granted by
23this section, a city may exercise all powers granted to it under
24this act or any other law deemed necessary to carry out the
25purposes of this section, including the power to acquire, by
26eminent domain or otherwise, and the power to temporarily use or
27lease, property.

28(b) A city supplying water, lighting, electric, gas or other
29similar utility service shall have the authority to fix the
30rates and charges applicable thereto in accordance with section

13587.

2(c) For the purposes of this section, a city shall have the
3authority to incur debt in accordance with 53 Pa.C.S. Pt. VII,
4Subpt. B (relating to indebtedness and borrowing).

5Section 329. Article XXXV subheading (2) heading, sections
63505, 3506 and 3507, subheading (3) heading, sections 3515,
73516, 3517, 3518, 3519, 3520 and 3521, subheading (4) heading,
8sections 3530, 3531 and 3532, subheading (5) heading and section
93540 of the act are repealed:

10[(2) Acquisition by Eminent Domain

11Section 3505. Appropriation of Lands and Waters.--Any city
12desiring to erect water-works, or to improve its water supply,
13may appropriate springs, streams, rivers, or creeks, and lands,
14easements, and rights of way, within or without its limits; and,
15for the purpose of conducting water obtained outside the limits
16of the city, may lay pipes under and over any lands, rivers,
17streams, bridges, highways, and under railroads. No water
18appropriated under the provisions of this section shall be used
19in such manner as to deprive riparian owners thereon of the free
20use and enjoyment of the same for domestic or farm purposes.

21Section 3506. Agreements as to Damages; Bonds.--Prior to any
22such appropriation, the city shall attempt to agree with the
23owner as to the damage done, or likely to be done. If the
24parties cannot agree, or the owner cannot be found, or is under
25legal incapacity, the city shall petition the court of common
26pleas to fix the amount of its bond, with or without surety, as
27the court may direct, conditioned for the payment to the owner
28of the property of the damages for the taking thereof, when the
29same shall have been ascertained, and shall file said bond, as
30approved, in the said court.

1Section 3507. Appointment of Viewers; Proceedings.--Upon
2petition of either the property owner or city, the court shall
3appoint three viewers from the county board of viewers, who
4shall assess the damages for the property or rights
5appropriated, and shall fix a time for their meeting, of which
6notice shall be given to all parties interested by newspaper
7publication, at least once in at least one newspaper, ten days
8prior to such meeting, as required by section one hundred and
9nine of this act, and the posting of hand bills along the line
10of said improvement. The proceedings for the assessment of
11damages shall be as provided in this act in case of property
12taken, injured or destroyed.

13(3) Acquisition by Purchase after Appraisement

14Section 3515. Petition to Court Expressing Desire to Acquire
15Water-Works.--Whenever any person, firm, or corporation shall
16own any water-works or system which furnishes water within the
17city, such city may present its petition to the court of common
18pleas of the county, setting forth that the city is desirous of
19owning and operating such water-works or system, and that it
20will be necessary to issue bonds, to be secured by such water-
21works or system, and that a value should be placed upon such
22water-works or system, including all property, real and
23personal, used in connection therewith. A city may acquire, by
24agreement with the owner thereof, any water-works or system
25which furnishes water within the city, or a part thereof, and
26within nearby municipal subdivisions, or parts thereof.

27Section 3516. Appointment of Engineers as Appraisers to Make
28Valuation.--The court shall thereupon appoint three registered
29engineers, in civil engineering, as appraisers, to value and
30appraise such water-works or system, and the property used in

1connection therewith, and the contracts or agreements with
2municipalities or townships, who shall file their report in the
3court within three months after their appointment, unless such
4time be extended by the court.

5Section 3517. Powers of Appraisers.--The appraisers shall
6have access to the books and records of the person, firm, or
7corporation, owning such water-works or system, to inform
8themselves as to the income and value thereof. They shall have
9power to administer oaths and are authorized to take the
10testimony of witnesses. Their report shall be final if not
11appealed from.

12Section 3518. Appeal from Appraisement.--Within ten days
13after notice of the filing of any report, either party may
14appeal from such appraisement, alleging an undervaluation or
15overvaluation of the property, and praying for a hearing before
16the court. The court shall thereupon fix a time when such appeal
17may be heard, of which time at least ten days' notice shall be
18given to the parties, and, upon such hearing, the court shall
19have power to modify such report, and either party may appeal
20from the final confirmation of such report to the Superior or
21Supreme Court.

22Section 3519. Effect of Failure of Owner of Works to Accept
23Price Fixed.--After the value is finally determined, the city
24may buy such water-works or system at the valuation so fixed;
25and the person, firm, or corporation owning the same shall,
26within ten days after notice, file in court its consent to sell
27and convey its water-works or system and property to the city at
28the valuation fixed. And, in default thereof, such person, firm,
29or corporation shall cease to have any exclusive privilege of
30supplying the city, or the citizens thereof, with water, and the

1city may install such water-works or system as may be necessary
2for the accommodation of the public.

3Section 3520. Issue of Bonds.--For the purpose of any
4purchase authorized by this article, the city may issue general
5obligation bonds or utility bonds or non-debt revenue bonds
6issued as provided by the Municipal Borrowing Law.

7Section 3521. Limit of Bond Issue.--Such bonds shall not
8exceed in amount the value fixed by the appraisers or the court.
9The proceeds of the sale of such bonds shall be used exclusively
10for the purpose of paying for the property acquired.

11(4) Acquisition of Competing Water Companies by Cities

12Section 3530. Power to Acquire Companies Operating in Same
13Territory.--Any city owning, operating, or controlling a system
14of water-works for the supplying of water to persons,
15partnerships, and corporations residing therein, and for
16municipal purposes, whether the title to the said water-works be
17in the name of commissioners of water-works or in the city
18itself or otherwise, may acquire all the water-works, including
19water pipes, mains, service attachments, fire hydrants, and
20improvements of any water corporation or private individual
21operating partly within and partly without the limits of the
22said city, both so much as is included within the limits of the
23said city, and so much as is without the limits of the said
24city, serving the territory adjacent thereto, and acquire and
25exercise all of the franchises and powers of said prior owner
26both within and without the city limits.

27No such municipal acquisition shall be valid until, upon
28application filed by the city and formally joined in by the
29proposed vendor water company, the Public Utility Commission
30shall have found and determined, after public hearing, that the

1granting of such application and the service contemplated by the
2city is necessary or proper for the service, accommodation, and
3convenience of the public. In any such proceeding, the entire
4matter shall be before the commission, and no further specific
5approvals of the said commission, which might otherwise be
6required, shall be necessary.

7Section 3531. Service Outside Limits Subject to Control of
8Public Utility Commission.--The service of water by any such
9city in the territory outside of the limits of the city shall be
10subject to regulation and control by the Public Utility
11Commission as to character of service, extensions, and rates,
12with the same force and in like manner as though the city
13serving in such territory were in fact a water corporation and
14with respect to such territory outside of the limits of the
15city, and shall have all the powers and be subject to all the
16duties of a water corporation.

17Section 3532. Different Rates Within and Without City.--
18Inasmuch as the city may be serving its inhabitants at less than
19the actual cost of service, including capital charges and
20depreciation, because the plant may have been or may be built
21and operated in part out of the funds raised by municipal
22taxation, no rate, classification, rule, regulation, or
23practice, put in operation by the city in the portion of its
24territory supplied, located beyond the city limits shall be
25considered as unjustly discriminatory solely by reason of the
26fact that a different rate, classification, rule, regulation, or
27practice is in operation within the boundaries of the
28municipalities with respect to a similar service rendered.

29(5) Power to Furnish Water to Consumers outside City

30Section 3540. All cities wherein the title to the water-

1works therein located is or shall hereafter be in the name of
2the city may extend the water-pipes and improvements of any such
3water-works, beyond the bounds of the cities wherein they are
4located, into the county and municipalities of the county in the
5vicinity of such cities; and furnish water to any and all
6corporations, institutions, persons, and municipal subdivisions
7in the counties in which said cities are located, in accordance
8with law and the rules and regulations of the Public Utility
9Commission. This section does not authorize a city to extend
10water-pipes or supply water in territory, outside the boundaries
11of such cities, which territory is being supplied with water by
12a private company.]

13Section 330. The act is amended by adding a section to read:

14Section 3540.1. Power to Furnish Utilities to Consumers
15Outside City.--A city that provides utility service in
16accordance with section 3501.1 may provide utility service in
17surrounding municipalities, or portions thereof, which are not
18provided with such services by those surrounding municipalities,
19local or regional public authorities or private companies,
20subject to and in accordance with applicable law and the rules
21and regulations of the Pennsylvania Public Utility Commission
22with regard to the character of service, extensions and rates.

23Section 331. Article XXXV subheading (6) heading, sections 
243550, 3551, 3552 and 3553, subheading (7) heading, sections 
253560, 3561, 3562, 3563 and 3564, subheading (8) heading and 
26sections 3570 and 3571 of the act are repealed:

27[(6) Power to Lease Water-Works

28Section 3550. Lease of Water-Works.--The council of any city
29may, on behalf of such city, enter into a contract with any
30private individual, copartnership, association, or corporation,

1for the leasing of any water supply, works, systems, and
2property, or both, of such private individual, copartnership,
3association, or corporation.

4Section 3551. Terms of Lease; Rental.--The said leasing may
5be for such term of years and at such rental, as shall be agreed
6upon by the city and the private individual, copartnership,
7association, or corporation.

8Section 3552. Operation of Property.--The property, so
9acquired, shall be operated in the same manner as if the same
10had been acquired by such city by purchase or condemnation
11proceedings.

12Section 3553. Rates.--The council of the city, subject to
13the Public Utility Law, shall fix the rates to be charged for
14the water furnished without the limits of such city to
15individuals, copartnerships, associations, or corporations.

16(7) Condemnation of Lands for Road Purposes and to

17Prevent Contamination

18Section 3560. Overflowing Roads; Acquisition of Lands to
19Reconstruct Roads.--Whenever any city, in supplying water to the
20public, shall find it necessary, in storing water, to occupy and
21overflow with water portions of any turnpike or public road, or
22whenever any public road leads into or crosses over any
23reservoir used for the storage of water, the city shall cause
24such turnpike or road to be reconstructed, at its own expense,
25on a favorable location and in as perfect manner as the original
26road, and, for such purposes, is authorized to condemn land
27whenever an agreement as to the price cannot be had with the
28owners.

29Section 3561. Filing Maps and Plans.--After such change is
30made, the city shall file in the court of quarter sessions of

1the county a map or plan showing such change of road, and shall
2furnish to the supervisors or other authorities of the township,
3or municipal corporation, a copy of such map.

4Section 3562. Condemnation of Lands to Prevent
5Contamination.--Cities may acquire, by purchase or condemnation,
6such lands along and contiguous to the streams of water or
7reservoirs from which water is taken for public use, as may be
8necessary to preserve the same from contamination.

9Section 3563. Security for Payment of Damages.--No land
10shall be taken, injured or destroyed for the uses mentioned in
11this subdivision of this article until compensation therefor
12shall have been paid, or secured, before such taking, injury or
13destruction.

14Section 3564. Condemnation Proceedings.--The damages
15incurred in changing the location of any such turnpike or public
16road, and in condemning land to preserve water from
17contamination, shall be ascertained in the manner provided in
18this act in case of property taken, injured or destroyed.

19(8) Miscellaneous Provisions

20Section 3570. Power of City to Patrol Through Private
21Lands.--Any city owning and operating a water-works system is
22hereby authorized and empowered to enter, by any of its
23employes, upon private lands through which may pass any stream
24or streams of water supplying such city, for the purpose of
25patrolling the drainage area of such stream or streams, and
26making investigations or inquiries pertaining to the condition
27of the stream or streams, sanitary or otherwise. Any injury or
28damage done to the property, so entered upon, shall be paid by
29such city.

30Section 3571. Leasing of Part of Water-Works for Yacht

1Harbor.--The council, or the commission of water-works, or other
2body of any city having charge and control of the water-works
3property of any such city, may, subject to the approval of the
4State Department of Health, and subject to proper restrictions,
5lease, for a period of years, any portion of the real property,
6not exceeding three acres, and any water area, under its
7control, and not necessary or essential for the operation and
8maintenance of such water-works, for the purpose of establishing
9and maintaining a harbor for yachts and for the erection of
10proper and suitable buildings in connection therewith, whenever
11the occupation of the grounds and water areas so leased shall
12not interfere with the operation of such water-works or in any
13manner affect the sanitary conditions of any public water
14supply.

15Any such lease, before the same is executed, shall be
16submitted to and be approved by the Department of Health.]

17Section 332. Section 3572 of the act, added August 19, 1953
18(P.L.1100, No.297), is repealed:

19[Section 3572. Accumulation of Funds; Repair and Replacement
20of Water Supply Systems.--Any city, which now has or may
21hereafter acquire title to any water-works, shall create a
22special fund and accumulate therein money to be expended
23exclusively for the repairing and replacing of its water supply
24system. The city shall annually place into the fund the
25difference between ten (10) per cent of the net receipts
26collected by it incidental to the supplying of water and water
27service and the amount, if any, expended in repairing or
28replacing its water supply system. The total amount in the
29special fund shall not exceed in the aggregate ten (10) per cent
30of the net receipts for any three years.

1The provisions of this section shall not be construed to
2limit the powers of the city to use receipts from water or water
3services for purposes of repairing or replacing its water supply
4system.]

5Section 333. Article XXXV subdivision (b) heading, sections
63575 and 3576, subdivision (c) heading and sections 3580, 3581,
73582, 3583 and 3584 of the act are repealed:

8[(b) Power and Light

9Section 3575. Power to Furnish Light.--Cities shall have the
10exclusive right, at all times, to supply the city with electric,
11gas or other light, and such persons, partnerships, and
12corporations therein as may desire the same, at such prices as
13may be agreed upon; and shall have at all times, the
14unrestricted right to make, erect, and maintain the necessary
15buildings, machinery, and apparatus for manufacturing and
16distributing the same, or, in territory not supplied with light,
17to make contracts with and to authorize any person, company, or
18association so to do, and to give such person, company, or
19association the privilege of supplying gas or other light, as
20aforesaid, for any length of time not exceeding ten years.

21Section 3576. Street Lighting; Ornamental Lighting
22Systems.--Cities may, by ordinance, provide for and regulate the
23lighting of streets with gas or electric light, or light by
24other means, and, upon petition of the majority of the property
25owners in number or interest abutting on any street or section
26thereof, may install ornamental lighting systems and assess the
27costs of installation, maintenance, or operation entirely upon
28the city, or entirely upon the abutting property owners, or
29partly upon the abutting property owners and partly on the city.

30(c) Water and Lighting Commission

1Section 3580. Creation of Water and Lighting Department.--
2Any city which now has or which may hereafter have the title to
3any water, gas, or electric light works, by conveyance to the
4same or by operation of law in its corporate name, or which may
5hereafter erect or purchase water, gas, or electric light works,
6under the provisions of this act, may create a department to be
7called the water and lighting department, and, for the
8organization and government of the same, the council may divide
9the city into three districts for the election of a board of
10commissioners, which districts shall be numbered one, two, and
11three; one commissioner to be chosen from each respective
12district, of which he shall be a resident at the time of his
13election, and no member of council or person holding any city
14office shall be eligible as a member of said board.

15Section 3581. Election of Members of Commission.--The
16council of such city creating such department, as aforesaid,
17may, on the second Monday of April, or within thirty days
18thereafter, elect one person from each of said districts as a
19member of the board of commissioners of the water and lighting
20department; and at the first election each member of council
21shall vote for but two commissioners, and the three persons,
22being one from each of said districts, having the highest number
23of votes shall be declared elected. The commissioners so elected
24shall serve for the term of one, two, and three years,
25respectively, to be computed from the date of election, and
26until their successors are duly elected and qualified. The term
27of each shall be determined by lot at the first meeting of the
28board, and thereafter on the second Monday of April of each
29year, or within thirty days thereafter, the council shall elect
30one commissioner to serve for the term of three years.

1Section 3582. Compensation of Commissioners; Oath; Removal;
2Filling of Vacancies.--The members of the board of
3commissioners, created as aforesaid, shall receive such
4compensation for their services as may be provided by ordinance.
5Before entering upon their respective duties, they shall take
6and subscribe the oath prescribed by this act for city officers,
7and they shall be removable by council for misdemeanor in office
8or neglect of duty. All vacancies occurring in the board shall
9be filled by council for the unexpired term.

10Section 3583. Duties of Board.--The board shall take charge
11of the water and lighting department so created, and shall
12employ and dismiss at pleasure a superintendent and a clerk, who
13shall be secretary of the board, whose compensation shall be
14fixed by council. The board shall employ such laborers,
15mechanics and workmen as they may deem necessary for the
16economical and efficient administration of said department. They
17shall purchase such materials and supplies as may be required
18for keeping the works in good repair, and have charge and
19control of all constructions, repairs, enlargements and
20extensions of the works, and shall conduct and manage the
21affairs and business of the department in accordance with law
22and the directions of council.

23Section 3584. Estimates of New Work to be Furnished
24Council.--The said board of commissioners shall, whenever called
25upon by council, make and submit to them full estimates of the
26cost, charges and expenses of any new work, enlargement,
27extension of water or lighting supply, or alteration which
28council may contemplate making relative to said works; and may,
29at any time, submit to council any suggestions and estimates
30they may see proper to make touching the improvement, extension,

1or enlargement of said works, but no new construction,
2reconstruction, extension, supply of water or light, or
3enlargement of said works shall be undertaken by said
4commissioner so created, or materials or supplies be purchased
5therefor, without the previous consent and direction of
6council.]

7Section 334. Section 3585 of the act is amended to read:

8Section 3585. Payment of Cost of [Extensions by Property
9Owners; Frontage Tax] Extensions.--Whenever an extension of [a
10supply of] pipes, wires or conduits is made to permit a city to 
11supply water or light, electric, gas or other similar utility 
12service to portions of the city not previously supplied [shall
13be made by the said commissioners, they shall make out a full
14statement of the number of feet of main pipes laid or extended
15through any of the streets of the city in which main pipes were
16not laid before the said extension, and shall file the same in
17the department; and it shall be the duty of the clerk of said
18department, forthwith, on receipt of said statement to make out
19a list of all owners of houses, lots and buildings on each side
20of the street through which said pipes are extended, and to
21charge said owners, and each of them, for each and every house,
22lot or building so situated in said streets, at such rate per
23foot as council may by ordinance fix, for said mains extending
24along the front of their respective houses, lots and buildings.
25Nothing herein contained shall be construed to prevent council
26from providing for the payment of water and gas pipes by the
27city] with such service, an assessment of the costs thereof may 
28be made in accordance with Article XLV-A.

29Section 335. Section 3586 of the act is repealed:

30[Section 3586. Collection of Frontage Tax; Assessment of

1Cost.--Said charge shall be called the frontage water tax, or
2lighting tax, as the case may be, and shall be collected and
3recovered in the manner provided by law for the recovery of
4municipal claims. Whenever any pipes for the conveyance of water
5or light shall be laid in any of the streets or highways within
6such city, the owners of the ground in front of which the same
7shall be laid shall pay for the expense thereof such sum for
8each foot of the front of their ground upon such street as
9council may, by ordinance, direct: Provided, That in all corner
10lots an allowance shall be made of one-third the length of their
11front, but such allowance shall be always and only on the street
12having the longest front and in case both fronts are of equal
13dimensions, the allowance shall be made in the street in which
14the pipes shall be last laid, but in no case shall the allowance
15exceed sixty feet on any corner lot: And provided further, That
16when a corner lot shall have erected upon it two or more
17separate tenements, there shall only be an allowance made equal
18to one-third of the depth of the corner tenement and the yard
19adjoining. The provisions of this and the foregoing section
20shall not apply to any lot or piece of ground in such city upon
21which there may be a supply of water or gas obtained from any
22other source whatever, but if at any time the owner of such lot
23or piece of ground shall desire to obtain a supply of water or
24gas from the works of such city, then and in that case the
25provisions of this section shall first be complied with.]

26Section 336. Section 3587 of the act is amended to read:

27Section 3587. Fixing Rates.--[The board of commissioners
28may] Council shall fix, or may delegate to a city department the 
29power to fix, with the approval of council, [fix the water and
30lighting rates, and the quantity to be used, and for that

1purpose they shall, on the first Monday of March in each year,
2establish the rates for the succeeding year, which rates shall
3be submitted by them to council for its approval, and, when
4approved, such rates shall not be changed for and during the
5year, but if not approved, the existing rates shall continue
6until modified by the commissioners, with the approval of
7council] rates for the use of water or light, electric, gas or 
8other similar utility service and, in the case of consumers 
9outside the city, the fixing of rates shall be subject to and in 
10accordance with applicable law and the rules and regulations of 
11the Pennsylvania Public Utility Commission.

12Section 337. Section 3588 of the act, amended December 18,
131992 (P.L.1424, No.175), is amended to read:

14Section 3588. Collection of [Lighting and Water] Utility
15Charges.--(a) Council shall provide, by ordinance, for the
16collection of [all the lighting and water] charges for the use 
17of water or light, electric, gas or other similar utility 
18service that may accrue, from time to time, to the city [for the
19use of the water or light], fixing the time when [such] the
20charges shall be payable, and the penalties for nonpayment
21thereof[; and such] . The charges shall be assessed to the
22respective owners of the real estate on which [such water or
23light] the utility service is used, and if the same shall not be
24paid in accordance with the provisions of [such] the ordinance,
25claims for the amounts due [shall be registered in the city lien
26docket in the same manner as provided by law in the case of
27unpaid city taxes on real estate, with the like force and effect
28as to the lien thereof.] may be filed as a lien and collected in 
29accordance with the Municipal Claim and Tax Lien Law.

30(b) In the case of a city which has agreed to provide water

1service through a separate meter and separate service line to a
2residential dwelling unit in which the owner does not reside,
3the owner shall be liable to pay the tenant's bill for service
4rendered to the tenant by the city only if the city notifies the
5owner and the tenant within thirty days after the bill first
6becomes overdue. Such notification shall be provided by first
7class mail to the address of the owner provided to the city by
8the owner and to the billing address of the tenant,
9respectively. Nothing herein shall be construed to require a
10city to terminate service to a tenant, provided that the owner
11shall not be liable for any service which the city provides to
12the tenant ninety or more days after the tenant's bill first
13becomes due unless the city has been prevented by court order
14from terminating service to that tenant.

15Section 338. Section 3589 of the act is repealed:

16[Section 3589. Report to Council; Accounts of City
17Treasurer; Disposition of Surplus.--The board of commissioners
18shall, annually at a stated meeting of council in the month of
19January, report to said council a full statement of all the
20repairs, alterations, reconstructions, new constructions,
21expenditures, and everything relating to the management and cost
22to the city of maintaining each of the said works. The city
23treasurer shall keep his accounts in such manner as to show in
24his monthly report, distinctly and separately, the entire amount
25of revenue realized during each month from the water and
26lighting departments of said city, respectively; and the
27revenues derived from the said water and lighting departments
28shall be applied exclusively to the purposes of said
29departments, respectively; and the surplus, if any, to the
30reduction of the debt thereof. Any surplus revenues from said

1water and lighting departments, after the payment of all the
2debts of said respective departments, shall be applied as
3follows: The surplus from the water revenues, to the reduction
4of the bonded indebtedness which has been created by the city
5for the erection and construction of its water-works; and the
6surplus from the lighting revenues, to the reduction of any
7bonded indebtedness which has been created by the city for the
8erection and construction of its lighting plant.]

9Section 339. The act is amended by adding a section to read:

10Section 3590. Disposition of Revenues.--The revenues derived
11from the city's furnishing of water, light, electric, gas or
12other similar utility service shall be applied as follows:

13(1) to the purposes of the respective departments under the
14direction of which the utility service is provided;

15(2) for the reduction of debt related to the provision of
16that service; and

17(3) to any other city department that provides labor or
18materials for the maintenance and repair of property or
19facilities relating to the city's provision of a utility
20service.

21Section 340. Article XXXVI heading is reenacted to read:

22ARTICLE XXXVI

23PUBLIC BUILDINGS AND WORKS

24Section 341. Section 3601 of the act is amended to read:

25Section 3601. [Hospitals, Jails, Poor Farms, Et Cetera.--
26Each city may, by ordinance, erect] Public Buildings 
27Generally.--(a) With regard to public buildings, each city may, 
28by ordinance, do any of the following:

29(1) Erect, purchase, establish or maintain [hospitals,
30jails, workhouses, or houses of correction for juvenile or other

1offenders and prescribe regulations for the government thereof;
2and erect] all public buildings. [necessary for the use of the
3city, or of any department thereof; purchase, take, use, or
4occupy, private lands upon which to erect any of the said
5buildings; purchase, take, use, or occupy, within or without the
6limits of the respective city, whether within the county wherein
7is located the city, or within a county adjacent thereto, or
8within both, private lands and buildings; establish and maintain
9a general hospital, or hospitals, for the cure and treatment of
10the sick and injured, or a hospital or hospitals for the
11treatment and separation of persons suffering with contagious or
12infectious diseases, and prescribe rules and regulations for the
13government, management, and maintenance thereof; purchase, take,
14use, or occupy, within the limits of the county of such city or
15within a county adjacent thereto, or within both, private lands
16upon which to establish and maintain a poor farm, with all
17necessary and convenient buildings and appliances, where the
18city may support and maintain such poor persons as such city is
19by law required to support and maintain; acquire, by purchase,
20or in other lawful manners, within or without the city, but
21within the county or counties in which the city is located,
22sufficient real estate for present and future use upon which to
23erect workhouses or houses of detention, poor houses, garbage
24and incinerating furnaces. The proceedings for the assessment of
25damages for any property taken, occupied or used for any such
26purpose shall be the same as provided in this act for property
27taken, injured or destroyed.]

28(2) Purchase, take, use, occupy, or acquire, by any lawful
29means, including eminent domain, private lands, buildings and
30property in order to erect, establish or maintain public

1buildings.

2(b) For purposes of this article, public buildings shall
3include not only those buildings or structures which council
4deems necessary for the use of the city, but also other
5buildings and structures which are to be used for a public
6purpose, including public auditoriums, public libraries, public
7memorial buildings and monuments.

8Section 342. Section 3602 of the act is repealed:

9[Section 3602. Public Auditoriums, Libraries, Memorials and
10Monuments.--Cities may take, purchase, or acquire, by any lawful
11means, or through condemnation proceedings, property for the
12purpose of erecting thereon public auditoriums, public
13libraries, public memorial buildings, and monuments.]

14Section 343. Section 3603 of the act is amended to read:

15Section 3603. Payment of Cost of Erection and Maintenance.--
16Cities may appropriate money [or issue bonds for the erection,
17on said property purchased or acquired through condemnation
18proceedings, public auditoriums, public libraries, public
19memorial buildings, and monuments] and incur debt in accordance 
20with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and 
21borrowing) for the purchase or acquisition through eminent 
22domain of private lands, buildings and property in order to 
23erect or establish public buildings. Cities may also appropriate
24moneys for the operation and maintenance of [such public
25auditoriums, public libraries, memorial buildings, and
26monuments] public buildings.

27Section 344. Section 3604 of the act is repealed:

28[Section 3604. Proceedings for Assessment of Damages.--All
29proceedings for the assessment of damages for property taken for
30auditoriums, libraries, memorials and monuments shall be had in

1the manner provided by this act for property taken, injured or
2destroyed.]

3Section 345. Sections 3605, 3606 and 3607 of the act are
4amended to read:

5Section 3605. Donation of Land by City for Library Purposes; 
6Contributions [toward Maintenance.--Cities may donate ground 
7thus acquired for a public library to any library association 
8provided said association will furnish the funds for the 
9erection of the library building, the plans of which are 
10approved by the city, but only in such cases where the said 
11library association is by its by-laws and charter compelled to 
12put back into the property and surplus earnings from the 
13operation of said library. Cities may make appropriations 
14towards the operating expense of such library.] toward 
15Maintenance.--In addition to the power to make appropriations, 
16donations and gifts for library purposes in accordance with 24 
17Pa.C.S. Ch. 93 (relating to library code) a city may acquire and 
18donate land for library purposes to a local library as defined 
19in 23 Pa.C.S. § 9302 (relating to definitions).

20Section 3606. Rental of Public Auditoriums; Disposition of
21Proceeds.--Cities, in the case of public auditoriums, may, by
22order of council, charge a rental for the use of [said] the 
23public auditorium. All moneys derived from rental of [said] the 
24public auditoriums shall be paid into the general fund of the
25city.

26Section 3607. [Leasing of City Property as Memorials.--Each
27city may lease real estate, the property of said city,] Long-
28Term Improvement Leases.--(a) A city may lease city real estate
29on [long term] long-term improvement leases, at a nominal rental
30or otherwise, to a [corporation of the first class] nonprofit
 

1corporation, for the purpose of providing an auditorium for
2dramatic, musical, artistic, literary, scientific or patriotic
3societies or events, or for such other purposes as may be
4approved, from time to time, by council.

5(b) A long-term improvement lease shall be for a term of not
6more than ninety-nine years, and may provide for a right of
7renewal for a like term, and shall contain provision for the
8improvement of the real estate by the lessee by the erection of
9a suitable building or buildings of dignified and appropriate
10architecture, absolute ownership of which building or buildings
11shall revert to the city, free of any claim or charge, at the
12end of the term of the lease or any renewal thereof.

13(c) The building or buildings erected pursuant to a long-
14term improvement lease may be used for any one or more of the
15following purposes, which are hereby declared, in respect of
16this subject matter, to be used for public purposes: As an
17auditorium for dramatic, musical, artistic, literary, or
18scientific events, including provision for the accommodation of
19patriotic societies or groups, or such other accommodations and
20features as may be approved, from time to time, by the city.

21(d) The title to property subject to a long-term improvement
22lease shall remain in the city, and for purposes of local
23taxation, the property which is subject to a long-term
24improvement lease and the leasehold estate created thereby shall
25be deemed to be devoted to a public purpose and public use.

26(e) The lessees under a long-term improvement lease shall be
27exclusively liable for the maintenance and upkeep of the demised
28premises, and shall be solely responsible for the maintenance
29and operation thereof.

30(f) Any long-term improvement lease may provide that the

1lessor shall be entitled to receive a sum equal to the net
2income of the demised premises after reasonable reserves and
3proper amortization charges.

4Section 346. Sections 3608, 3609, 3610, 3611 and 3612 of the
5act are repealed:

6[Section 3608. Term of Lease; Renewals; Improvements to be
7Erected.--Every such lease shall be for a term of not more than
8ninety-nine years, and may provide for a right of renewal for a
9like term, and shall contain provision for the improvement of
10the real estate by the erection of a suitable building or
11buildings of dignified and appropriate architecture, absolute
12ownership of which building or buildings shall revert to the
13city, free of any claim or charge, at the end of the term of the
14said lease or any renewal thereof.

15Section 3609. Use of Buildings.--The building or buildings,
16so erected, may be used for any one or more of the following
17purposes, which are hereby declared, in respect of this subject
18matter, to be used for public purposes: As an auditorium for
19dramatic, musical, artistic, literary, or scientific events,
20including provision for the accommodation of patriotic societies
21or groups, or such other accommodations and features as may be
22approved, from time to time, by the city.

23Section 3610. Title in City; Exemption from Taxation;
24Maintenance.--The title to the said property, as so improved,
25shall remain in the city, and neither the said real estate, nor
26the leasehold estate created by such lease, shall be subject to
27local or other taxation.

28The lessees shall be exclusively liable for the maintenance
29and upkeep of the demised premises, and shall be solely
30responsible for the maintenance and operation thereof.

1Section 3611. Rental.--Any such lease may provide that the
2lessor shall be entitled to receive a sum equal to the net
3income of said demised premises after reasonable reserves and
4proper amortization charges.

5Section 3612. Location of City Jails Restricted.--No city
6shall erect or construct a city jail or lock-up, or use any
7existing building or lock-up for the first time, which will be
8or is located within five hundred feet of any public school
9building.]

10Section 347. Article XXXVII heading of the act is reenacted
11to read:

12ARTICLE XXXVII

13PARKS, PLAYGROUNDS, AND RECREATION CENTERS

14Section 348. Section 3703 of the act, amended September 26,
151951 (P.L.1515, No.379), is amended to read:

16Section 3703. Acquisition of Lands and Buildings.--Cities
17may enter upon, take, use, purchase and acquire, by gift or by
18the right of eminent domain, lands, property and buildings, for
19the purpose of making, extending, enlarging, and maintaining
20recreation places which shall consist of public parks, parkways,
21playgrounds, playfields, gymnasiums, public baths, swimming
22pools, or indoor recreation centers, may levy and collect such
23special taxes as may be necessary to pay for the same, and make
24appropriations for the improvement, maintenance, care,
25regulation, and government of the same. Cities may designate and
26set apart for use for any of the purposes specified in this
27section lands and buildings owned by such cities and not
28dedicated or devoted to other public use. Cities may also lease
29lands and buildings in such cities for temporary use for [such]
30these purposes. Lands, property and buildings outside the limits

1of the city may be [acquired in like manner] purchased or 
2acquired for the recreation places[, and such lands may be
3annexed to the city, in the manner provided by this act for the
4annexation of territory to a city.] with the consent of the 
5governing body of the municipal corporation in which the lands, 
6property or buildings are situated.

7Section 349. The act is amended by adding a section to read:

8Section 3703.1. Powers of Council; Delegation.--(a) Council
9shall have the power to equip, operate, supervise, and maintain
10recreation places and to employ recreation directors or any
11other officers or employes deemed necessary in order to carry
12out the provisions of this article.

13(b) In any case in which more than one-half the full costs
14of the supervision and maintenance of the recreation places,
15including the compensation of all the officers and employes
16hired to carryout the provisions of this article, are borne by
17the city, council shall have the authority to fix the
18compensation of these officers and employes.

19(c) Council may delegate all or part of its power under
20subsection (a) to an existing body or board or to a recreation
21board, as council shall determine.

22Section 350. Section 3704 of the act, amended January 14,
231952 (1951 P.L.2032, No.570), is repealed:

24[Section 3704. Creation of Recreation Board.--The authority
25to supervise and maintain recreation places may be vested in any
26existing body or board, or in a recreation board, as council
27shall determine. Council may equip, operate, and maintain the
28recreation places, as authorized by this act. Such authorities
29may, for the purpose of carrying out the provisions of this
30article, employ play leaders, recreation directors, supervisors,

1superintendents, or any other officers or employes, as they deem
2proper. Where more than one-half the full costs of the
3supervision and maintenance of the recreation places, including
4the compensation of all the officers and employes, are borne by
5the city, the compensation of such officers and employes shall
6be fixed by council: Provided, however, That in such cases,
7council may delegate this power to the recreation commission.]

8Section 351. Section 3705 of the act, amended October 4,
91978 (P.L.950, No.188), is amended to read:

10Section 3705. [Composition of Board.--(a) If council shall
11determine that the power to equip, operate, and maintain
12recreation places, shall be exercised by a recreation board,
13they may establish in said city such recreation board, which
14shall possess all the powers, and be subject to all the
15responsibilities of council under this article. Such] Creation 
16and Composition of Recreation Board.--Council may establish in 
17the city a recreation board, which shall possess the powers and 
18the responsibilities delegated to it by council in accordance 
19with section 3703.1(c). The recreation board, when established,
20shall consist of [a minimum of five and a maximum of nine
21persons, two of whom shall be members of and appointed by the
22school board. The city] five or seven persons. The members of
23the board shall be appointed by the mayor with the approval of
24council and shall serve for terms no longer than five years and
25the terms of the members shall be staggered in such a manner
26that at least one expires annually. Members of [such] the 
27recreation board shall serve without pay. Vacancies in [such]
28the board, occurring otherwise than by expiration of term, shall
29be for the unexpired term and shall be filled in the same manner
30as original appointments.

1[(b) In addition to the establishment of a city recreation
2board, the council may appoint persons to serve as members of a
3school district recreation board established by the school
4district wherein the city is located.]

5Section 352. Sections 3706, 3707 and 3708 of the act are
6amended to read:

7Section 3706. [Organization of Board; Employes] Organization 
8of Board.--The members of a recreation board, established
9pursuant to this article, shall elect their own [chairman] chair
10and secretary and select all other necessary officers, to serve
11for a period of one year[, and may employ such persons as may be
12needed, as authorized by this article. Such]. The board shall
13have power to adopt rules and regulations for the conduct of all
14business within its jurisdiction. Meetings of the board shall be 
15subject to the provisions of 65 Pa.C.S. Ch.7 (relating to open 
16meetings).

17Section 3707. Joint Ownership and Maintenance.--[Any] A city
18may, jointly with any [other cities, boroughs, or townships, or
19any of them] one or more other municipalities, acquire property
20for, and operate and maintain, any recreation [places] place.
21Any city may join with any school district, in equipping,
22operating, and maintaining recreation places, and may
23appropriate money therefor.

24Section 3708. [Issue of Bonds.--The city council may issue
25general obligation bonds] Borrowing.--The city council may 
26borrow money and incur debt in accordance with 53 Pa.C.S. Pt. 
27VII Subpt. B (relating to indebtedness and borrowing) for the
28purpose of acquiring lands or buildings for recreation places,
29and for the equipment therefor.

30Section 353. Section 3709 of the act, amended August 10,

11965 (P.L.318, No.168), is amended to read:

2Section 3709. Maintenance and Tax Levy.--[All expenses
3incurred in the operation of such] Expenses incurred in the 
4maintenance and operation of recreation places, established as
5herein provided, [shall be payable] including the operation of 
6recreation programs therein, may be paid from the treasury of
7the city. Council may annually appropriate, and cause to be
8raised by taxation[, such tax for the purpose of maintaining and
9operating recreation places. In lieu thereof, council may
10annually appropriate moneys to any existing body or board, or to
11a recreation board or commission, for the maintenance and
12operation of recreation places.] in accordance with section 
132531(a)(4), a tax for this purpose. The funds may be 
14appropriated, for the purposes of this section, to any existing 
15body or board, or to a recreation board or commission.

16Section 354. The act is amended by adding a section to read:

17Section 3709.1. City Trusts.--(a) In addition to all other
18powers conferred by law, a city may receive in trust, and city
19council may control for the purposes of the trust, all estate,
20moneys, assets and property, real and personal, which may have
21been or shall be bestowed upon it by donation, gift, legacy,
22endowment, bequest, devise, conveyance or other means, for the
23purpose of establishing or maintaining a public park or other
24public purpose for the use and benefit of the citizens of the
25city.

26(b) In the event that a city trust has been or is created as
27a result of any property or estate, whatsoever, having been
28conveyed, bequeathed or devised or otherwise given or donated to
29any city, in trust, for the purpose of establishing or
30maintaining a public park or other public purpose for the use

1and benefit of citizens of the city, control of the trust shall
2be transferred to city council and, if necessary to carry out
3the intention of this section, the court of common pleas in the
4county in which a city is located may, upon petition of council,
5transfer control of the trust to city council. City council may
6delegate the supervision and operation of recreation places
7subject to the trust to a recreation board in accordance with
8section 3703.1. Nothing in this section shall limit any power of
9the court to terminate or reform a trust under existing law.

10Section 355. Sections 3710, 3711, 3712, 3713, 3714, 3715,
113716 and 3717 of the act are repealed:

12[Section 3710. Leasing by City of its Parks or
13Playgrounds.--Cities may enter into contracts and agreements
14with any incorporated association, acting within its corporate
15powers, for the use by the latter of any park or playground,
16owned, leased, or occupied by said cities, for such period and
17upon such terms as to maintenance, upkeep and improvement of
18such ground as may be mutually agreed upon. No such contract or
19agreement, however, shall permanently exclude the public of said
20cities from the use and enjoyment of said parks and playgrounds.
21The said cities shall at all times be invested with the power
22and authority to adopt suitable rules and regulations concerning
23the use and occupation of said parks and playgrounds by the
24public generally, and by such incorporated associations
25specially.

26Section 3711. Sale of Coal Under Parks or Commons.--Council
27may sell and lease, at the best price obtainable, and subject to
28such conditions as it may deem necessary to impose for the
29protection of the surface, the coal under any park or common
30owned by and situate within the corporate limits of the city.

1When any park, or common shall front on a river or other public
2stream, such portion of the amount realized from the sale or
3lease of such coal may be used for the erection of retaining
4walls, as council shall deem necessary for the purpose. Before
5any such coal shall be sold or leased, the proposed sale shall
6be advertised, in accord with the provisions of section one
7hundred and nine of this act, at least once a week in three
8daily papers published in the city in which said coal is
9situate, if there be so many, and in any other publication, as
10council may determine; and sealed bids shall be received, and
11the person, copartnership, association or corporation offering
12the highest and best price shall be the purchaser, but council
13shall have the right to reject all bids.

14Section 3712. Use of Proceeds of Sale or Lease of Coal Under
15Parks.--Whenever any city shall have sold or leased the coal
16underlying any public park or common within the limits of said
17city, the proceeds of said sale or lease, except as hereinbefore
18otherwise provided, shall be applied only as follows: First. To
19the improvement, policing, and lighting of the said park or
20common, or the redemption of bonds issued for the improvement of
21said park or common; Second. Any surplus of the said proceeds
22may then be applied and used for the purchase and improvement of
23other lands, within the limits of the city or immediately
24adjacent thereto, for use as recreation places, or for the
25building of bridges and construction of drains and sewers, or
26for such other purposes as council may determine: Provided, That
27no land shall be purchased for such use with said funds unless
28the ordinance authorizing the purchase shall have been passed by
29the affirmative vote of four members of council.

30Section 3713. Application of Coal Rentals to Payment of

1Costs of Improvements; Issue of Bonds.--Whenever hereafter any
2such city shall have leased the coal under any public park or
3common for a rental or royalty payable in periodical
4instalments, in order to provide for the payment of the cost of
5any such improvements authorized in the preceding sections, the
6said city may, from time to time, issue general obligation
7bonds. The issuance of any such bonds shall be in accordance
8with the Municipal Borrowing Law.

9Section 3714. Appointment of Directors of City Trusts.--
10Whenever any property or estate, whatsoever, has been conveyed,
11bequeathed or devised to any city, in trust, for the purpose of
12establishing or maintaining a public park or other public
13purpose for the use and benefit of citizens of such city, the
14court of common pleas of the county in which such city is
15located, on petition of council of said city, shall appoint five
16persons as directors of city trusts, all of whom shall be
17citizens of such city, and none of whom shall hold any office or
18employment thereunder, who shall exercise and discharge all the
19duties and powers of said city, however acquired, concerning
20such property, conveyed, bequeathed or devised to such
21charitable use, to the extent that the same has been or
22hereafter may be, by statute or otherwise, vested in or
23delegated to the said city or the officers thereof. The
24directors of city trusts may delegate the supervision and
25operation of such city trusts as are recreation places to the
26authority determined by council for recreation places of the
27city in accordance with section three thousand seven hundred
28four of this act.

29Section 3715. Term of Service; Removal; Vacancies.--The
30persons so appointed shall serve as members of the board of

1directors of city trusts during good behavior, subject, however,
2to removal by the court of common pleas for dereliction or
3neglect of duty, or for any other cause deemed by the said court
4to be important for the conservation or administration of the
5said trust thus imposed upon them.

6All vacancies shall be, from time to time, filled by the said
7court, on petition of the council, of said city, or any of its
8citizens.

9Section 3716. Duties of Directors.--The said directors of
10trust shall carefully invest and preserve the trust funds; make
11such rules and by-laws for the proper regulation of their
12business not inconsistent with the terms annexed to any
13conveyance, bequest or devise in any deed or last will and
14testament of any decedent; appoint and employ as many agents and
15employes as, in their judgment, shall be necessary for the
16proper discharge of the said trust or trusts; and, in the name
17and in accordance with the conditions of said trusts, do any and
18all things requisite for the proper administration and
19management of the property under their control.

20Section 3717. Directors to be Agents of City; to Have no
21Interest in Contracts.--The said directors, in the discharge of
22their duties and within the scope of their powers, shall be
23considered agents or officers of the city, but no compensation
24or emolument whatever shall be received by them for any services
25performed relating to the said trusts, nor shall any of them
26have or acquire any personal interests in any contract whatever
27made through them or their agents or employes.]

28Section 356. Section 3718 of the act is amended to read:

29Section 3718. [Appointment of Park Guards.--] Park 
30Rangers.--(a) The council of every city shall have power, under
 

1the provisions of this article, to provide, by ordinance, for 
2the selection and employment of such number of persons as [they 
3deem necessary to act as park guards] are deemed necessary to 
4act as park rangers, fix their compensation and duties, and 
5provide for their [uniforming] uniforms.

6(b) To the extent authorized by 53 Pa.C.S. Ch. 21 Subch. D
7(relating to municipal police education and training), persons
8appointed as park rangers, under any ordinance passed pursuant
9to the provisions of subsection (a), shall have, in the parks
10and playgrounds and other public places in the cities, and
11beyond the limits of the cities when the cities have acquired
12lands, properties and buildings for park and playground or other
13public purposes, the same power, in preserving the peace,
14maintaining order, and making arrests, as police officers have
15in the cities.

16(c) For purposes of the act of June 28, 1935 (P.L.477, 
17No.193), referred to as the Enforcement Officer Disability 
18Benefits Law (Heart and Lung Act), the term "park ranger," as 
19used herein, shall mean a park guard.

20(d) Park rangers shall be under the supervision, control and
21direction of the director of the Department of Parks and Public
22Property, or, if none exists, any other department as council
23directs.

24Section 357. Sections 3719, 3720 and 3721, Article XXXVIII
25and subdivision (a) headings and section 3801 of the act are
26repealed:

27[Section 3719. Powers of Park Guards.--Persons appointed as
28park guards, under any ordinance passed pursuant to the
29provisions of the preceding section, shall have, in the parks
30and playgrounds and other public places in such cities, and

1beyond the limits of such cities when such cities have acquired
2such lands, properties and buildings for park and playground or
3other public purposes, the same power, in preserving the peace,
4maintaining order, and making arrests, as policemen have in such
5cities.

6Section 3720. Control of Park Guards.--Such park guards
7shall be under the supervision, control, and direction of the
8director of the Department of Parks and Public Property.

9Section 3721. Sale of Unused and Unnecessary Land and
10Buildings.--The council of each city is hereby vested with the
11necessary power and authority to sell unused and unnecessary
12lands and buildings that have been dedicated to park purposes by
13public auction, upon sealed bids, or at private sale with
14approval of the court of common pleas; Provided, nevertheless,
15That before any such sale is made council shall advertise said
16proposed sale twice in at least one newspaper in accordance with
17section one hundred and nine of this act.

18ARTICLE XXXVIII

19SHADE TREES AND FORESTS

20(a) Shade Trees

21Section 3801. Shade Tree Commission.--Any city may, by
22ordinance, create a commission to be known as the Shade Tree
23Commission of such city; but in cities where the council of said
24city shall not elect to create by ordinance such Shade Tree
25Commission, the said council may exercise all the rights and
26perform the duties and obligations imposed by this article upon
27the Shade Tree Commission.]

28Section 358. Section 3802 of the act, amended November 2,
291975 (P.L.459, No.128), is repealed:

30[Section 3802. Composition of Commission.--The commission,

1if ordained, shall be composed of not less than three nor more
2than seven residents of the city, who shall be appointed by the
3mayor, and shall serve without compensation.

4One commissioner shall serve for a term of three years, one
5for a term of four years, and one for a term of five years on
6commissions of only three residents. Where the commission
7consists of more than three members, the time sequence provided
8for a three member commission shall be repeated.

9On the expiration of the term of any commissioner, a
10successor shall be appointed by the mayor to serve for a term of
11five years.

12Vacancies in the office of commissioner shall be filled by
13the mayor for the unexpired term.

14Should the governing body determine to increase the
15membership of an already existing commission, the additional
16members shall be appointed as provided in this section. If, at
17any time, after increasing the membership of the commission the
18governing body should determine to reduce the number of members
19on the commission, such reduction shall be effectuated by
20allowing the terms to expire and by making no new appointments
21to fill the vacancy. Any increase or reduction in members shall
22be by ordinance.]

23Section 359. Sections 3803, 3804, 3805 and 3806 of the act
24are repealed:

25[Section 3803. Powers May Be Vested in Park Commission.--
26Whenever in any city there exists a commission for the care of
27public parks, the council may also, by ordinance, provide that
28the park commission shall have all the powers and be subject to
29all the duties prescribed by this article for the Shade Tree
30Commission.

1Section 3804. Powers of Commission.--The commission shall
2have exclusive custody and control of the shade trees of the
3city, and may plant, remove, maintain, and protect shade trees
4on the streets and sidewalks in the city. The commission may
5require the planting and replanting of shade trees along the
6streets and sidewalks of the city, as council may direct. The
7kind of tree and the alignment and locations of the trees shall
8be determined by the commission or as council may direct, but
9shall not prevent necessary or reasonable use of streets,
10sidewalks, abutting property, or the conduct of business.

11The commission may, with the approval of council, either
12employ and pay superintendents, engineers, foresters, tree-
13wardens, or other assistants, or may contract for personal and
14professional services, for the proper performance of the duties
15devolving upon it, and may make, publish, and enforce
16regulations for the care and protection of the shade trees of
17the city. No such regulation shall be in force until it has been
18approved by the council, and until it has been published at
19least twice in not more than two newspapers of the city.

20Section 3805. Report of Commission.--The shade tree
21commission shall annually report in full to the council, at
22council's first stated meeting in October, of its transactions
23and expenses for the last fiscal year of the city. The park
24commission in cities wherein the park commission is authorized
25to act as the shade tree commission, may incorporate such
26transactions and expenses as a separate part of its regular
27report to council.

28Section 3806. Notices by Commission.--Whenever any shade
29tree commission, or park commission, acting as a shade tree
30commission, proposes to plant, transplant, or remove shade trees

1on any street or sidewalk, notice of the time and place of the
2meeting at which such work is to be considered shall be given in
3not more than two newspapers published in the city, once a week
4for two weeks immediately preceding the time of the meeting, in
5accord with the provisions of section one hundred and nine of
6this act. The notice shall specify in detail the streets or
7sidewalks or portions thereof upon which trees are proposed to
8be so planted, replanted, or removed.]

9Section 360. Section 3807 of the act, amended August 21,
101953 (P.L.1292, No.364), is repealed:

11[Section 3807. Payment by Owners.--The cost of furnishing,
12planting, transplanting, or removing any shade trees in or along
13the streets of the city, of the necessary and suitable guards,
14curbing, or grading for the protection thereof, and of the
15replacing of any pavement or sidewalk necessarily disturbed in
16the execution of such work, shall be paid by the owner of the
17real estate in front of whose property the work is done, except
18that part of such cost may be certified by the commission to
19council and to the city treasurer as a charge to be paid by the
20city.

21The amount each owner is to pay shall be ascertained and
22certified by the commission to council and to the city
23treasurer.]

24Section 361. Sections 3808, 3809 and 3810, Article XXXVIII
25subdivision (b) heading, sections 3820 and 3821, subdivision (c)
26heading and sections 3830, 3831, 3832, 3833, 3834, 3835 and 3836
27of the act are repealed:

28[Section 3808. Assessments; Liens.--Upon the filing of the
29certificate with the council, the city clerk shall cause thirty
30days' written notice to be given by mail to the persons against

1whose property an assessment has been made. The notice shall
2state the amount of the assessment, and the time and place of
3payment, and shall be accompanied with a copy of the
4certificate. The expense of the notice shall be paid by the
5city.

6The amount assessed against the real estate shall be a lien
7from the time of the filing of the certificate with the council,
8and, if not paid within the time designated in the notice, a
9claim may be filed and collected in the same manner as municipal
10claims are filed and collected.

11Section 3809. Maintenance by City; Tax Levy.--The cost and
12expenses of caring for such trees after they have been planted
13shall be paid by the city.

14The needed amount shall each year be certified by the
15commissioners to council in time for inclusion in the proposed
16budget ordinance, and the funds provided by council shall be
17drawn against, as required by the commission, in the same manner
18as money appropriated for city purposes.

19The city council may levy a special tax, not to exceed the
20sum of one-tenth of one mill on the dollar on the assessed
21valuation of the property in said city, for the purpose of
22defraying the cost and expenses of caring for such shade trees
23and the administrative expenses connected therewith, or it may
24provide for such expenses by appropriations.

25Section 3810. Penalties.--The commission, to the extent as
26may be provided by ordinance of council, may assess penalties
27for the violation of its regulations and of this article so far
28as it relates to shade trees. Any penalty so assessed shall be a
29lien upon the real estate of the offender and may be collected
30as municipal claims are collected.

1All penalties or assessments imposed under this article shall
2be paid to the city treasurer, to be placed to the credit of the
3commission, subject to be drawn upon by the commission for the
4purposes authorized in this article.

5(b) Memorial Trees

6Section 3820. Memorial Trees.--Council may provide for or
7authorize provision for memorial trees for residents of the city
8who died while in the military service of the United States or
9in consequence thereof. Council may make appropriations or
10accept contributions for this purpose. Such trees shall bear
11some permanent indication of their purpose.

12Section 3821. Penalty for Injury to Memorial Trees.--Any
13person wilfully, maliciously, or negligently destroying or
14injuring any trees planted pursuant to the provisions of this
15subdivision (b) shall be guilty of a misdemeanor, and upon
16conviction, shall be liable to a fine not exceeding five hundred
17dollars, or imprisonment not exceeding three months, or both, in
18the discretion of the court.

19(c) Forests

20Section 3830. Acquisition of Land for Forest Purposes.--
21Cities may acquire, by purchase, gift, or lease, and hold tracts
22of land covered with forest or tree growth or suitable for the
23growth of trees, and administer the same, under the direction of
24the Department of Forests and Waters, in accordance with the
25practices and principles of scientific forestry, for the benefit
26of the city. Such tracts may be of any size suitable for the
27purpose and may be located within or without the city limits.

28Section 3831. Approval of Department of Forests and
29Waters.--Before the passage of any ordinance for the acquisition
30of land to be used as municipal forests, the mayor shall submit

1to the Department of Forests and Waters and secure its approval
2of the area and location of such land.

3Section 3832. Ordinance Declaring Intention.--Whenever the
4council deems it expedient to acquire any lands for the purposes
5of municipal forests, it shall so declare in an ordinance
6wherein shall be set forth all facts and conditions relating to
7the proposed action.

8Section 3833. Appropriations of Money.--All money necessary
9for the purchase of such tracts shall be appropriated in the
10same manner as appropriations for city purposes, and such funds
11may be provided from the current revenue or by the proceeds of a
12sale of general obligation bonds in accordance with the
13Municipal Borrowing Law.

14Section 3834. Rules and Regulations.--Upon the acquisition
15of any municipal forests or lands suitable for such, the council
16shall notify the Department of Forests and Waters, which shall
17make such rules for the government and proper administration of
18the same as may be necessary. The council shall publish such
19rules, declare the uses of the forest in accordance with the
20intent of this subdivision (c) of this article, and make such
21provisions for its administration, maintenance, protection and
22development as shall be deemed necessary or expedient. The rules
23governing the administration of such forests shall have for
24their main purpose the producing of a continuing city revenue by
25the sale of forest products.

26Section 3835. Appropriations and Revenues.--All moneys
27necessary to be expended for the administration, maintenance,
28protection, and development of such forests shall be
29appropriated and applied as is now done for city purposes. All
30revenue and emoluments arising from such forests shall be paid

1into the city treasury to be used for general city purposes.

2Section 3836. Use of Forests.--Municipal forests may be used
3by the public as general outing or recreation grounds subject to
4the rules governing their administration as municipal forests.]

5Section 362. Section 3837 of the act, amended May 21, 1956
6(1955 P.L.1639, No.548), is repealed:

7[Section 3837. Ordinance of Sale; Exceptions.--Whenever the
8council deems it expedient to sell any municipal forest, or part
9thereof, it shall so declare in an ordinance wherein shall be
10set forth all the facts and conditions relating to the proposed
11action, which proposed ordinance shall be advertised once a week
12for three weeks prior to its passage. No ordinance shall be
13effective in legalizing such sale until it has been approved by
14a majority vote of the people at the next ensuing general,
15municipal or primary election: Provided, however, That the
16provisions of this section shall apply only to lands acquired
17for municipal forests as such, and shall not limit the power of
18cities or water authorities to acquire, sell, exchange, lease,
19transfer, manage or maintain lands required for the
20conservation, development, utilization and disposal of water or
21watersheds: And provided further, That cities or water
22authorities may enter into agreements with the Department of
23Forests and Waters providing for such conservation, development,
24utilization and disposal of water or watersheds.]

25Section 363. Section 3838, Article XXXIX heading and section
263901 of the act are repealed:

27[Section 3838. Appropriation for Forest Work.--Cities may
28appropriate moneys to any forest protection association
29cooperating in forest work with the State Department of Forests
30and Waters, or to be expended in direct cooperation with said

1department in forest work.

2ARTICLE XXXIX

3WHARVES AND DOCKS

4Section 3901. Power to Erect and Maintain Wharves;
5Regulation; Charges.--Cities may erect and maintain wharves in
6navigable waters within or adjacent to the city, regulate the
7use thereof, fix and collect wharfage, for all public wharves,
8and docks within their limits in accordance with a regular
9schedule of charges, establish wharf and dock lines, and
10construct and maintain docks, retaining walls, dams and
11embankments. They may regulate the anchoring of all manners of
12vessels within their limits and the depositing of freight on
13public wharves and docks. Cities may, pursuant to ordinance,
14purchase or condemn such land or other property as they may need
15for the purposes of wharves and docks.]

16Section 364. Section 3902 of the act, amended July 1, 1959
17(P.L.501, No.127), is repealed:

18[Section 3902. Erection of Market-Houses and Railway Tracks
19on Wharves; Charges; Licenses.--Cities may erect and maintain
20market-houses and terminal sheds or stations on their wharves,
21for the receipt and distribution of freight, express, and cargo;
22construct railroad and street railway tracks or other facilities
23on said wharves to provide for the convenient handling of such
24freight or express or cargo; and collect rents, tolls, or
25charges for the use of such market-houses, terminal stations,
26tracks, wharves and other facilities. Cities may enter into
27contracts and agreements with any person for the use by such
28person of any tracks, terminal stations, wharves or other
29facilities, for such period and upon such terms as to
30maintenance, upkeep and improvements, as may be mutually agreed

1upon. Such cities shall, at all times, be invested with the
2power and authority to adopt suitable rules and regulations
3concerning the use and occupation of the tracks, terminal
4stations, wharves or other facilities, by such persons and by
5the public. No such contract or agreement shall permanently
6exclude the public of said cities from the use and enjoyment of
7said tracks, terminal stations, wharves or other facilities, nor
8shall any exclusive lease be granted for a term exceeding
9twenty-five years.

10No structure so erected, and no right granted under the
11powers herein conferred, shall interfere with the general public
12use of wharves for water-borne commerce.]

13Section 365. Sections 3903, 3904 and 3905 and Article XL
14heading of the act are repealed:

15[Section 3903. Use of Unnecessary Wharves or Landings for
16Other Municipal Purposes.--Whenever any city, by ordinance,
17declares that any public landing, or public wharf, or part
18thereof, fronting on any navigable water and lying within its
19limits, has become unnecessary for use for public landing or
20public wharf purposes, the city make take, enter upon, and
21occupy for use for any other public purposes whatsoever, the
22public landing, or public wharf, or part thereof, so found
23unnecessary for such purposes, any limitation of use thereof by
24the municipality arising from donation, dedication,
25appropriation, statute, or otherwise, to the contrary
26notwithstanding.

27Section 3904. Appropriation of Wharves and Landings for
28General Purposes.--Cities are vested with the right of eminent
29domain for the purpose of appropriating, for such general public
30uses, all such public landings or public wharves, or parts

1thereof, so found unnecessary for such purposes, together with
2any easements, property and property rights connected therewith.

3Section 3905. Assessment of Damages.--All damages arising
4from the exercise of the power of eminent domain hereunder shall
5be ascertained and awarded in the manner provided by this act
6for property taken, injured or destroyed.

7ARTICLE XL

8CITY PLANNING]

9Section 366. Article XLI heading of the act, amended July
1029, 1971 (P.L.250, No.61), is repealed:

11[ARTICLE XLI

12ZONING, BUILDING, HOUSING, FIRE PREVENTION, PLUMBING

13AND ELECTRICAL ORDINANCES, AND PUBLIC NUISANCES]

14Section 367. Article XLI subdivision (a), (b) and (c)
15headings of the act are repealed:

16[(a) The Zoning Ordinances

17(b) Procedure for Adoption of Zoning Ordinance

18(c) Board of Adjustment]

19Section 368. Article XLI subdivision (d) heading and
20sections 4130, 4131, 4131.1, 4132 and 4133 of the act, amended
21or added December 21, 1998 (P.L.1013, No.135), are repealed:

22[(d) Building, Housing, Property Maintenance,

23Fire Prevention, Plumbing and Electrical Ordinances

24Section 4130. Building Ordinance, Housing Ordinance,
25Property Maintenance Ordinance, Fire Prevention Ordinance,
26Electrical Ordinance and Plumbing Ordinance.--Each city may
27enact a building ordinance, a housing ordinance, a property
28maintenance ordinance, a fire prevention ordinance, an
29electrical ordinance, and a plumbing ordinance, which may
30provide for the following matters:

1(a) A system of specifications and regulations to insure the
2structural safety and the incombustibility of buildings and
3housing constructed, reconstructed, altered, enlarged, repaired
4or maintained within the city.

5(b) A system of specifications and regulations for the
6setting out, construction, alteration, repair, maintenance,
7occupation, sanitation, ventilation, lighting, electric wiring,
8water supply, toilet facilities, drainage, plumbing, use and
9inspection of all buildings and housing or parts of buildings
10and housing, and the walls and foundations thereof, constructed,
11erected, altered, designated, or used, in whole or in part, for
12human habitation, and for the sanitation and inspection of land
13appurtenant thereto.

14Section 4131. Form of Building Ordinance, Housing Ordinance,
15Property Maintenance Ordinance, Fire Prevention Ordinance, and
16Plumbing Ordinance; Passage.--The building ordinance, the
17housing ordinance, the property maintenance ordinance, the fire
18prevention ordinance, the electrical ordinance and the plumbing
19ordinance may adopt any standard or nationally recognized
20building code, any standard or nationally recognized housing
21code, any standard or nationally recognized property maintenance
22code, any standard or nationally recognized fire prevention
23code, any standard or nationally recognized electrical code, or
24any standard or nationally recognized plumbing code, or any
25variations or changes or parts thereof, published and printed in
26book form, covering any or all of the above items, without
27incorporating such code in the ordinance, or any city may enact
28any such building code, housing code, property maintenance code,
29fire prevention code, electrical code, or plumbing code, or any
30changes or variations or parts thereof, as its building

1ordinance, as its housing ordinance, as its property maintenance
2ordinance, as its fire prevention code, as its electrical code
3or as its plumbing code. In either event, the building ordinance
4or code, the housing ordinance or code, the property maintenance
5ordinance or code, the fire prevention ordinance or code, the
6electrical ordinance or code, and the plumbing ordinance or
7code, or any changes or variations or parts thereof, need not be
8advertised after passage, but notice of its consideration, in
9reasonable detail shall be published as required by section one
10thousand fourteen of this act. Not less than three copies of the
11building ordinance, the housing ordinance, the property
12maintenance ordinance, the fire prevention ordinance, the
13electrical ordinance or the plumbing ordinance adopted by
14council shall be made available to public inspection and use
15during business hours for at least three months after its
16adoption. The procedure herein set forth relating to the
17adoption of such building ordinances, housing ordinances,
18property maintenance ordinances, fire prevention ordinances,
19electrical ordinances and plumbing ordinances may likewise be
20adopted in amending, supplementing or repealing any of the
21provisions of such ordinances.

22Section 4131.1. Penalties.--(a) Except as provided for in
23subsection (b), the building ordinance, the housing ordinance,
24the property maintenance ordinance, the fire prevention
25ordinance, the electrical ordinance and the plumbing ordinance
26may provide penalties of fine not exceeding one per month on a
27property and limited to no more than one thousand dollars for
28the first two continual and uncorrected violations of the same
29subsection of such ordinance on the same property and not
30exceeding five thousand dollars for the third and any subsequent

1continual and uncorrected violation of the same subsection of
2such ordinance on the same property.

3(b) If a violation of the building ordinance, the housing
4ordinance, the property maintenance ordinance, the fire
5prevention ordinance, the electrical ordinance or the plumbing
6ordinance is found to pose a threat to the public's health,
7safety or property, then penalties of fine may be provided for
8as follows:

9(i) not exceeding one citation per five calendar days for a
10continual and uncorrected violation of the same subsection of
11such ordinance on the same property;

12(ii) limited to no less than five hundred dollars and no
13more than one thousand dollars for the first two continual and
14uncorrected violations of the same subsection of such ordinance
15on the same property and no less than one thousand dollars and
16not exceeding ten thousand dollars for the third and any
17subsequent continual and uncorrected violation of the same
18subsection of such ordinance on the same property, or
19imprisonment for any term not exceeding ninety days, or both.

20(c) For violations of any ordinance not specified in
21subsection (a) or (b), a penalty may be imposed on any person
22who violated such ordinance which shall include a fine of not
23more than one thousand dollars, or a term of imprisonment of not
24more than ninety days, or both.

25Section 4132. Building Inspectors, Housing Inspectors,
26Property Maintenance Inspectors, Fire Prevention Inspectors,
27Electrical Inspectors, and Plumbing Inspectors.--Council may
28appoint building inspectors, housing inspectors, property
29maintenance inspectors, fire prevention inspectors, electrical
30inspectors and plumbing inspectors and fix their compensation.

1Such inspectors shall have the right to enter upon and inspect
2any and all premises at all reasonable hours for the
3administration and enforcement of the building ordinance, the
4housing ordinance, the property maintenance ordinance, the fire
5prevention ordinance, the electrical ordinance and the plumbing
6ordinance. Any fees payable to them under the building
7ordinance, the housing ordinance, the property maintenance
8ordinance, the fire prevention ordinance, the electrical
9ordinance and the plumbing ordinance shall be paid by them to
10the city treasurer for the use of the city as promptly as may
11be.

12Section 4133. Actions to Restrain Violations.--The city may,
13in addition to the penalties provided by its building ordinance,
14its housing ordinance, its property maintenance ordinance, its
15fire prevention ordinance, its electrical ordinance and its
16plumbing ordinance, bring actions at law or in equity to prevent
17or restrain, correct or abate any violations of its building
18ordinance, its housing ordinance, its property maintenance
19ordinance, its fire prevention ordinance, its electrical
20ordinance and its plumbing ordinance.]

21Section 369. Article XLI subdivision (e) heading and
22sections 4140, 4141, 4142 and 4143 of the act are repealed:

23[(e) Abatement of Public Nuisances

24Section 4140. Petition for Removal of Public Nuisances;
25Viewers; Vacating Public Alleys, Lanes or Passageways, Declared
26Public Nuisances by Board of Health.--The council of any city
27may, by resolution, authorize and empower the mayor of such city
28to present a petition to the court of common pleas, setting
29forth that any property, building, premises, business or
30occupation, specifying the same fully and describing the same

1accurately, located within said city has become a public
2nuisance, injurious or dangerous to the community and to the
3public health. Upon the presentation and hearing of such
4petition, if the nuisance complained of be not a public
5nuisance, per se, then the court may appoint three viewers, from
6the county board of viewers, to go upon the premises where said
7nuisance is alleged to exist--at a time to be fixed in the order
8appointing the same, of which time due notice shall be given to
9all persons affected, which shall be not less than twenty nor
10more than thirty days from the date of the order making such
11appointment--and shall thereupon, being first duly sworn, view
12the property, premises, building, business or occupation, shall
13hear the parties, their witnesses and counsel, and shall make
14due report thereof to the court appointing them. In any case
15where the board of health shall have declared any public alley,
16lane or passageway or a part thereof to be a public nuisance,
17any two or more owners of property adjacent or abutting thereof
18may petition council that such public alley, lane or passageway
19or part thereof be vacated in accordance with the procedure
20provided in this subdivision for the abatement of public
21nuisances; except that the viewers shall not question the
22finding of the board of health, but shall determine whether or
23not the said alley, lane or passageway or part thereof should be
24vacated. Council may, with or without the aforesaid petition,
25proceed for the vacating of any such public alley, lane or
26passageway or part thereof, except that in no case shall any
27such alley, lane or passageway be vacated in such a way or to
28such an extent as to deprive any lot abutting thereon of its
29sole means of ingress and egress; nor shall any alley, lane or
30passageway created by grant or contract and not therefore

1accepted by the public be vacated.

2Section 4141. Power to Viewers.--The viewers, appointed as
3aforesaid, may:

4First. Determine whether or not the property, premises,
5building, business or occupation is a public nuisance, and, if
6they shall find it is such a nuisance, shall so return in their
7award; and

8Second. Find what, if any, compensation shall be paid by the
9said city to the owner or owners of said property, premises,
10building, business or occupation for the abatement of the same,
11and if the findings of the said viewers be in favor of the said
12city and direct the abatement of said nuisance, then judgment
13shall be entered upon their award within thirty days after the
14same is filed, unless the said award be appealed from or
15exceptions thereto be filed within thirty days. No execution or
16other process for the collection of any sum of money awarded to
17any person or persons, corporation or corporations, as
18compensation for the abatement of any such nuisance, shall issue
19until the said nuisance has been fully and completely abated,
20and return thereof made to the court.

21Section 4142. Appeals.--Any of the parties interested in any
22proceedings provided by the preceding two sections may appeal to
23the court of common pleas within thirty days from the date of
24filing an award; such appeal to be in the same form as now
25governs appeals from the awards of viewers appointed pursuant to
26this act to assess damages for property taken, injured or
27destroyed, the party appealing to pay the costs incurred and to
28give bond, with one surety, for the payment of all costs which
29may thereafter be incurred. Upon such appeal being perfected,
30the court shall frame an issue, which issue shall be placed at

1the head of the next trial list then open, and shall be tried by
2the court and jury in the same manner as feigned issues are now
3tried. Upon such trial the jury shall have power to find the
4same facts as are provided may be found by the viewers. If the
5jury shall find in favor of the city and award any compensation
6to the owner or owners of said property, premises, buildings,
7business or occupation, judgment shall be entered upon the
8verdict. No execution or other process for the collection of
9such judgment shall issue until the nuisance complained of shall
10have been fully and completely abated, and return thereof made
11to the court; upon which the court shall have the power to award
12execution or other process necessary to enforce the collection
13of the judgment.

14Section 4143. Abatement of Public Nuisance after Award of
15Viewers.--Whenever the award of viewers, or the verdict of a
16jury, shall find that a public nuisance exists, and the owner or
17owners of any property, premises, building, business or
18occupation causing the same shall fail to abate the same within
19sixty days from the date of the judgment, the authorities of
20said city shall have full power and authority to enter upon said
21property, premises or building where said nuisance exists and
22abate the same, and shall not be liable in any form of action
23for so doing. The cost and expense of abating the same shall be
24deducted from any compensation awarded in said proceedings.]

25Section 370. The act is amended by adding an article to
26read:

27ARTICLE XLI-A

28UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,

29AND RESERVED POWERS

30Section 4101-A. Primacy of certain codes.

1(a) Applicability.--The Pennsylvania Construction Code Act
2and the Uniform Construction Code adopted under section 301 of
3the Pennsylvania Construction Code Act shall apply to the
4construction, alteration, repair and occupancy of all buildings
5and structures within a city.

6(b) Construction.--This article and any ordinance, rule or
7regulation adopted pursuant to this article shall not supersede
8or abrogate the Pennsylvania Construction Code Act or the
9Uniform Construction Code and shall be construed and read in
10pari materia with them.

11Section 4102-A. Changes in Uniform Construction Code.

12A city may propose and enact an ordinance to equal or exceed
13the minimum requirements of the Uniform Construction Code in
14accordance with and subject to the requirements of section 503
15of the Pennsylvania Construction Code Act. Any ordinance
16exceeding the provisions of the Uniform Construction Code shall
17be required to meet the standards provided in section 503(j)(2)
18of the Pennsylvania Construction Code Act.

19Section 4103-A. Public nuisance.

20Any building, housing or property, or part thereof erected,
21altered, extended, reconstructed, removed or maintained,
22contrary to any of the provisions of any ordinance enacted for
23any of the purposes specified in this article may be reported,
24in accordance with Article XXVII-A, to the department designated
25to determine whether a public nuisance exists and, if a public
26nuisance is determined to exist, it may be abated in accordance
27with that article, provided, however, that a violation of the 
28Uniform Construction Code or any ordinance that equals or 
29exceeds the Uniform Construction Code shall be subject to the 
30provisions of the Pennsylvania Construction Code Act and the
 

1regulations adopted thereunder by the Department of Labor and 
2Industry relating to enforcement for noncompliance.

3Section 4104-A. Property maintenance code.

4(a) Enactment.--Notwithstanding the primacy of the Uniform
5Construction Code, a city may enact a property maintenance
6ordinance, including any standard or nationally recognized
7property maintenance code or any changes or variations or parts
8thereof, and it may, by reference, in accordance with section
91018.13, incorporate any standard or nationally recognized
10property maintenance code, or any variations or changes or parts
11thereof, published and printed in book form, without setting
12forth the text of the code in the ordinance.

13(b) Public availability.--The full text of the property
14maintenance code need not be published but, in accordance with
15section 1018.9, it shall be sufficient to publish a summary
16setting forth the provisions of the ordinance in reasonable
17detail and a reference to a place within the city where copies
18of the proposed ordinance may be examined. Not fewer than three
19copies of the proposed property maintenance code, or portion
20thereof, or amendment thereto shall be made available to public
21inspection and use during business hours. Copies shall also be
22made available to any interested party in accordance with the
23act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
24Know Law, or may be furnished or loaned without charge.

25(c) Violations.--A property maintenance code ordinance may
26provide for fines and penalties not exceeding $1,000 or
27imprisonment for any term not exceeding 90 days, or both, for
28violations thereof. The procedure set forth under this article
29relating to the enactment of such ordinances may likewise be
30utilized in amending, supplementing or repealing any of the

1provisions of such ordinances.

2(d) Inspectors.--Council may appoint property maintenance
3inspectors who shall have the right to, subject to
4constitutional standards in a similar manner as provided in
5section 2308, enter upon and inspect any and all premises at all
6reasonable hours for the administration and enforcement of the
7city's property maintenance code or ordinance incorporating a
8standard or nationally recognized property maintenance code. Any
9fees payable to a property maintenance inspector under the
10ordinance shall be paid by the property maintenance inspector to
11the city treasurer for the use of the city as promptly as may
12be.

13(e) Additional remedies.--In addition to the penalties
14provided by the property maintenance ordinance, the city may
15institute appropriate actions or proceedings at law or in equity
16to prevent or restrain property maintenance violations.

17(f) Relation to other acts.--The powers of a city as
18provided in this section shall be in addition to, but not
19limited to, the powers provided in the act of November 26, 2008
20(P.L.1672, No.135), known as the Abandoned and Blighted Property
21Conservatorship Act, 53 Pa.C.S. Ch. 61 (relating to neighborhood
22blight reclamation and revitalization) and 68 Pa.C.S. Ch. 21
23(relating to land banks).

24Section 4105-A. Reserved powers.

25If, as a result of legislative action or final order of
26court, for which the time for appeal has expired and no appeal
27has been taken or from which there is no pending appeal, the
28Uniform Construction Code or any replacement code is no longer
29applicable in cities, a city may:

30(1) Enact and enforce ordinances to govern and regulate

1the construction, reconstruction, alteration, extension,
2repair, conversion, maintenance, occupation, sanitation,
3ventilation, heating, egress, lighting, electric wiring,
4water supply, toilet facilities, drainage, plumbing, fire
5prevention, fireproofing including prescribing limitations
6wherein only buildings of noncombustible material and
7fireproofed roofs are used in construction, erection, or
8substantial reconstruction, use and inspection of all
9buildings and housing or parts of buildings and housing, and
10the roofs, walls and foundations thereof, and all facilities
11and services in or about the buildings or housing
12constructed, erected, altered, designed, or used, in whole or
13in part, for any use or occupancy, and the sanitation and
14inspection of land appurtenant thereto. The codes may be
15combined or separately enacted or combined with the property
16maintenance code.

17(2) Require that before any work of construction,
18reconstruction, alteration, extension, repair or conversion
19of any building is begun, approval of the plans and
20specifications be secured.

21(3) Incorporate any standard or nationally recognized
22code, or any variations or changes or parts thereof,
23published and printed in book form, without incorporating the
24text of the code as provided in subdivision (a.1) of Article
25X. The ordinances may provide for fines and penalties not
26exceeding $1,000 or imprisonment for any term not exceeding
2790 days, or both, for violations thereof. The procedure set
28forth under this article relating to the enactment of the
29ordinances may likewise be utilized in amending,
30supplementing or repealing any of the provisions of

1ordinances that incorporate any standard or nationally
2recognized code, or any variations or changes or parts
3thereof.

4(4) Appoint building inspectors, housing inspectors,
5property maintenance inspectors, fire prevention inspectors,
6electrical inspectors and plumbing inspectors and fix their
7compensation. The inspectors shall have the right to, subject
8to constitutional standards in a similar manner as provided
9in section 2308, enter upon and inspect any and all premises
10at all reasonable hours for the administration and
11enforcement of the city's enacted codes or ordinances
12incorporating standard or nationally recognized codes. Any
13fees payable to an inspector under the ordinances shall be
14paid by the inspector to the city treasurer for the use of
15the city as promptly as may be.

16(5) In addition to the penalties provided by ordinances,
17the city may institute appropriate actions or proceedings at
18law or in equity to prevent or restrain the unlawful
19construction, reconstruction, alteration, extension, repair,
20conversion, maintenance or use or occupation of property
21located within the city, to restrain, correct or abate the
22violation and to prevent the use or occupancy of the
23building, housing or structure.

24Section 371. Article XLII heading of the act is reenacted to
25read:

26ARTICLE XLII

27AERONAUTICS

28Section 372. Section 4201 of the act is amended to read:

29Section 4201. Power to Acquire Land for Aeronautical 
30Purposes; Maintenance of Municipal Airports[, Etc.--With the
 

1approval of the Pennsylvania Aeronautics Commission, a].--A city 
2may establish and maintain a municipal airport and may acquire, 
3by lease, purchase or condemnation proceedings, subject to the 
4limitations in 26 Pa.C.S. § 206 (relating to extraterritorial 
5takings), any land lying either within or without the 
6territorial limits of the city, and within or without the 
7territorial limits of the county in which [such] the city is 
8located, which, in the judgment of council, may be necessary and 
9desirable for the purpose of establishing and maintaining 
10municipal airports, landing fields, aviation easements or 
11intermediate landing fields and other air navigation facilities.

12Section 373. Section 4202 of the act is repealed:

13[Section 4202. Proceedings for Condemnation.--The 
14proceedings for the condemnation of lands under the provisions 
15of this article, and for the assessment of damages for property 
16taken, injured or destroyed, shall be conducted in the manner 
17provided by this act in the case of property taken, injured or 
18destroyed. The title acquired by the city exercising the power 
19to condemnation shall be a title in fee-simple.]

20Section 374. Sections 4203, 4204 and 4205 of the act are
21amended to read:

22Section 4203. Leasing of Land Acquired for Aeronautical 
23Purposes.--Any city acquiring land for any aeronautical purposes 
24may lease the same, or part thereof to any individual or 
25corporation desiring to use the same for [the purpose of taking 
26off or landing an aeroplane, or for other aeronautical purposes, 
27on such terms and subject to such conditions and regulations as 
28may be provided. Any such city may enter into a contract, in the 
29form of a lease, providing for the use of said land, or any part 
30thereof, by the Government of the United States for air mail
 

1delivery, or other aeronautical purposes, upon nominal rental or 
2without consideration] aeronautical purposes.

3Section 4204. Operation of Facilities Jointly.--Any city may 
4operate and maintain municipal airports, landing fields or 
5intermediate landing fields and other air navigation facilities 
6jointly in accordance with [any other political subdivision or 
7with the Pennsylvania Aeronautics Commission, upon such terms 
8and conditions as may be agreed upon between the council and the 
9corporate authorities of the other contracting party or parties] 
1053 Pa.C.S. Ch.23 Subch. A (relating to intergovernmental 
11cooperation).

12Section 4205. Appropriation for Support of Air Navigation 
13Facilities.--A city which does not own, lease, or operate 
14municipal airports, landing fields or intermediate landing 
15fields or other air navigation facilities[,] may appropriate 
16money for the support and maintenance of any such facilities, 
17situate either within or without the boundaries of the city, or 
18of the county or counties in which [such] the city is located.

19Section 375. Article XLIII and subdivision (a) headings of
20the act are reenacted to read:

21ARTICLE XLIII

22PENSIONS

23(a) Police

24Section 376. Section 4301 of the act, amended December 12,
251994 (P.L.1033, No.140), is amended to read:

26Section 4301. Police Pension Fund[; Direction of].--(a)
27Cities shall establish, by ordinance, a police pension fund[, to 
28be].

29(b) The following shall apply to a police pension fund
30established pursuant to this section:

1(1) The fund shall be maintained by an equal and 
2proportionate monthly charge against each member of the police 
3force, which shall not exceed annually four per centum of the 
4pay of [such] the member and an additional amount not to exceed 
5one per centum of the pay of [such] the member to be paid by 
6[such] the member or the municipal corporation to provide 
7sufficient funds for payments required by subsection [(d) of 
8section 4303] (f) of section 4303 to surviving spouses even if 
9they remarry, or if no spouse survives or if such person 
10survives and subsequently dies, then to the child or children 
11under the age of eighteen years, of members of the police force 
12or of members retired on pension or who die in service[; which].

13(2) The fund shall at all times be under the direction and 
14control of council but may be committed to the custody and 
15management of such officers of the city or [citizens thereof, or 
16corporations located therein] to such other persons or entities, 
17as may be designated by council[, and] by ordinance.

18(3) The fund shall be applied, under such regulations as 
19council may, by ordinance, prescribe, for the benefit of such 
20members of the police force as shall receive honorable discharge 
21therefrom by reason of age or disability, surviving spouses even 
22if they 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[; but such allowances as shall 
26be].

27(4) Allowances made to those who are retired by reason of 
28the disabilities of age shall be in conformity with a uniform 
29scale, together with service increments as hereinafter provided.

30(5) Any compensation paid to a corporate custodian of the
 

1police pension fund shall be paid from the general fund of the 
2city.

3Section 377. Section 4302 of the act, amended November 25,
41970 (P.L.754, No.246), is amended to read:

5Section 4302. Retirement; Final Discharge.--[Such ordinance 
6shall prescribe a] (a) With regard to continuous service and 
7minimum retirement age requirements, the ordinance establishing 
8the police pension fund shall prescribe as follows:

9(1) A minimum period of continuous service[,] of not less 
10than twenty years[, and, when].

11(2) If any minimum retirement age is prescribed, a minimum 
12age of fifty years[, after which members of the force may retire 
13from active duty, and such members as are retired].

14(b) Retired members, if not unfit by reason of age, 
15disability or otherwise, shall be subject to service[, from time 
16to time,] as a police reserve [until unfitted for such service, 
17when they may be finally retired by reason of age or disability] 
18under terms and conditions as may be established by council.

19(c) With the approval of council, any member of the police 
20pension fund who is a contributor and who served in the armed 
21forces of the United States subsequent to September 1, 1940, and 
22who was not a member of the police pension fund prior to such 
23military service, shall be entitled to have full credit for each 
24year or fraction thereof, not to exceed five years of such 
25service upon [his] the member's payment to the police pension 
26fund of an amount equal to that which [he] the member would have 
27paid had [he] the member been a member during the period for 
28which [he desires] credit is desired, and [his] the member's 
29payment to [such] the fund of an additional amount as the 
30equivalent of the contributions of the city on account of such
 

1military service.

2Section 378. Section 4302.1 of the act, added December 17,
31990 (P.L.715, No.178), is amended to read:

4Section 4302.1. Limited Vested Benefit.--(a) The ordinance 
5establishing a police pension fund may provide for a limited 
6vested benefit if such would conform to section 305 of the act 
7of December 18, 1984 (P.L.1005, No.205), known as the "Municipal 
8Pension Plan Funding Standard and Recovery Act."

9(b) Under [the provisions of the benefit, should] a limited 
10vested benefit, a member of the police pension fund, [before 
11completing] who has not completed the minimum [age and minimum] 
12period of continuous service [requirements but after having] 
13requirement and satisfied any applicable minimum age 
14requirement, but who has completed twelve years of full-time 
15service, [the member] shall be entitled to vest [his or her] the 
16member's retirement benefits subject to each of the following 
17conditions:

18(1) [the] The member must file with the management board of
19the police pension fund a written notice of [his or her] the 
20member's intention to vest[;].

21(2) [the] The member must include in the notice, the date
22the member intends to terminate [his or her] the member's
23service as a full-time police officer[;].

24(3) [the] The termination date shall be at least thirty days
25later than the date of notice to vest[;].

26(4) [the] The member must be in good standing with the
27police department on the date of notice to vest[; and].

28(5) [the] The board shall indicate on the notice to vest the
29rate of the monthly pay of the member as of the date of [said] 
30the notice to vest or the highest average annual salary which

1the member received during any five years of service preceding
2said date, whichever is the higher.

3[(b)] (c) Upon reaching the date which would have been the
4member's retirement date had the member continued [his or her] 
5the member's full-time employment with the police department,
6the member shall notify the board, in writing, that the member
7desires to collect [his or her] the member's pension. The amount
8of retirement benefits the member is entitled to receive under
9this section shall be computed as follows:

10(1) [the] The initial determination of the member's base
11retirement benefits shall be computed on the salary indicated on
12the notice to vest[; and].

13(2) [the] The portion of the base retirement benefits due
14the member shall be determined by applying to the base amount
15the percentage that [his or her] the member's years of service
16actually rendered bears to the years of service which would have
17been rendered had the member continued to be employed by the
18department until [his or her] the member's minimum retirement
19date.

20Section 379. Section 4303 of the act, amended or added
21January 18, 1952 (1951 P.L.2105, No.596), October 22, 1955
22(P.L.723, No.207), November 25, 1970 (P.L.754, No.246), October
234, 1978 (P.L.950, No.188), December 17, 1990 (P.L.715, No.178),
24December 12, 1994 (P.L.1033, No.140) and June 19, 2002 (P.L.442,
25No.65), is amended to read:

26Section 4303. Allowances and Service Increments.--(a)
27Payments for allowances shall [not] only be a charge on the 
28police pension fund and shall not be a charge on any other fund 
29under the control, or in the treasury, of the city [or under its 
30control save the police pension fund herein provided for].

1(b) The basis of the apportionment of the pension shall be 
2determined by the rate of the monthly pay of the member at the 
3date of injury, death, honorable discharge, vesting under 
4section 4302.1 or retirement, or the highest average annual 
5salary which the member received during any five years of 
6service preceding injury, death, honorable discharge, vesting 
7under section 4302.1 or retirement, whichever is the higher, and 
8except as to service increments provided for in subsection [(b) 
9of this section] (d), shall not in any case exceed in any year 
10one-half the annual pay of [such] the member computed at [such] 
11the monthly or average annual rate, whichever is the higher.

12[(a.1)] (c) The provisions of subsection [(a)] (b) providing
13that the apportionment of the pension shall not in any case
14exceed in any year one-half the annual pay of [such] the member
15computed at [such] the monthly or average annual rate, whichever
16is the higher, shall not apply to a city of the third class
17whether operating under an optional charter adopted in
18accordance with the act of July 15, 1957 (P.L.901, No.399),
19known as the "Optional Third Class City Charter Law," or under a
20home rule charter adopted in accordance with 53 Pa.C.S. Pt. III 
21Subpt. E (relating to home rule and optional plan government),
22which had in effect pension plans prior to the effective date of
23this subsection that provided pensions in an amount greater than
24fifty per centum of salary.

25[(b)] (d) In addition to the retirement allowance which is
26authorized to be paid from the police pension fund by this act,
27and notwithstanding the limitations therein placed upon such
28retirement allowances and upon contributions, every contributor
29who shall become entitled to the retirement allowance shall also
30be entitled to the payment of a "service increment" in

1accordance with and subject to the conditions hereinafter set
2forth.

3(1) Service increment shall be the sum obtained by computing
4the number of whole years after having served the minimum
5required by this act during which a contributor has been
6employed by [such] the city and paid out of the city treasury,
7including credit for military service as provided in section
84302, and multiplying the said number of years so computed by an
9amount equal to one-fortieth of the retirement allowance which
10has become payable to [such] the contributor in accordance with
11the provisions of this act. In computing the service increment,
12no employment after the contributor has reached the age of
13sixty-five years shall be included, and no service increment
14shall be paid in excess of one hundred dollars ($100.00) per
15month.

16(2) Each contributor, from and after [the effective date of
17this amendment] January 1, 1952, shall pay into the retirement
18fund a monthly sum in addition to [his or her] the contributor's
19retirement contribution, which shall be equal to one-half of one
20per centum of [his or her] the contributor's salary[: Provided,
21That such], provided, however, that the payment shall not exceed
22the sum of one dollar ($1.00) per month[: And provided, That
23such], and further provided that the service increment
24contribution shall not be paid after a contributor has reached
25the age of sixty-five years.

26(3) Persons who are contributors on [the effective date of
27this amendment] January 1, 1952, who have already reached the
28age of sixty-five years shall have [his or her] the 
29contributor's service increment computed on the years of
30employment prior to the date of reaching [his or her] the
 

1contributor's sixty-fifth birthday.

2(4) Service increment contributions shall be paid at the
3same time and in the same manner as retirement contributions,
4and may be withdrawn in full, without interest, by persons who
5leave the employment of [such] the city, subject to the same
6conditions by which retirement contributions may be withdrawn,
7or by persons who retire before becoming entitled to any service
8increment.

9(5) All members of the police force who are now contributors
10to the retirement fund and all those employed by the city after
11[the effective date of this amendment] January 1, 1952, if
12required to become contributors to the retirement fund, shall be
13subject to the provisions of this act.

14(6) After [the effective date of this clause] June 19, 2002,
15a city may agree to make service increment payments in excess of
16one hundred dollars ($100) per month as long as [such] the
17payments do not exceed five hundred dollars ($500) per month,
18and, in computing such service increments, no employment after
19the contributor has reached the age of sixty-five years shall be
20included[: Provided, That], provided that any agreement to
21provide an increase in service increment payments shall include
22a proportionate increase in the amount each contributor shall
23pay into the retirement fund under clause (2), not to exceed
24five dollars ($5) per month.

25[(c)] (e) The spouse of a member of the police force or a
26member who retires on pension who dies or if no spouse survives
27or if such person survives and subsequently dies or remarries,
28then the child or children under the age of eighteen years of a
29member of the police force or a member who retires on pension
30who dies on or after [the effective date of this amendment]

1August 1, 1963, shall, during the lifetime of the surviving
2spouse, even if the surviving spouse remarries, or until
3reaching the age of eighteen years in the case of a child or
4children, be entitled to receive a pension calculated at the
5rate of fifty per centum of the pension the member was receiving
6or would have been receiving had [he] the member been retired at
7the time of [his] the member's death and may receive the pension
8the member was receiving or would have been receiving had [he]
9the member been retired at the time of [his] the member's death.

10[(d)] (f) Any police officer who has less than ten years of
11service and who dies or is totally disabled due to injuries or
12mental incapacities not in line of duty and is unable to perform
13the duties of a police officer, may be entitled to a pension of
14twenty-five per centum of [his] the police officer's annual
15compensation. For death or injuries received after ten years of
16service the compensation may be fifty per centum of [his] the 
17police officer's annual compensation.

18(g) The disability pension may be payable to the police
19officer during [his] the police officer's lifetime and if [he
20shall die] the police officer dies, the pension payment that
21[he] the police officer was receiving may be continued to be
22paid to [his] the police officer's spouse if [such person] the 
23spouse survives or if [such person] the spouse subsequently dies
24or remarries, then the child or children under the age of
25eighteen years of the police officer.

26Section 380. Section 4303.1 of the act, amended June 30,
271969 (P.L.98, No.36), is amended to read:

28Section 4303.1. Increase of Allowances After Retirement.--
29(a) Any city may, at any time, at its discretion, upon the 
30recommendation of the persons having custody and management of
 

1the police pension fund, increase the allowances of persons 
2receiving allowances of any kind from the police pension fund by 
3reason of and after the termination of the services of any 
4member of said fund. [Such increases]

5(b) Increases made pursuant to this section shall be in 
6conformity with a uniform scale, which may be based on the cost 
7of living, but the total of any such allowances shall not at any 
8time exceed one-half of the current salary being paid 
9[patrolmen] patrol persons of the highest pay grade.

10Section 381. Section 4303.2 of the act, added October 3,
111988 (P.L.735, No.104), is amended to read:

12Section 4303.2. Total Disability.--(a) Notwithstanding any
13provision of this act, any police officer who becomes totally
14disabled due to injuries sustained in the line of duty shall be
15deemed to be fully vested in the police pension fund, regardless
16of the actual number of years of credited service, and shall be
17eligible for immediate retirement benefits.

18(b) Claims under this section shall be decided by the
19governing body of the city. Proof of disability shall be by
20competent medical evidence provided by the claimant. The
21governing body of the city may at any time have the claimant
22examined by its own physician.

23(c) Claims under this section may be brought as the
24regulations of the city council prescribe. Hearings and appeals
25shall be as provided in [Title 2 of the Pennsylvania
26Consolidated Statutes] 2 Pa.C.S. (relating to administrative law
27and procedure).

28(d) The pension fund shall be subrogated to the right of the
29claimant to the extent of any payments made under the act of
30June 2, 1915 (P.L.736, No.338), known as ["The Pennsylvania

1Workmen's Compensation Act,"] the "Workers' Compensation Act,"
2or the act of June 28, 1935 (P.L.477, No.193), referred to as
3the Enforcement Officer Disability Benefits Law.

4(e) Definition.--As used in this section, "total disability"
5shall mean permanent mental or physical impairment which renders
6the police officer unable to perform [his] the officer's duties.

7Section 382. Section 4304 of the act is amended to read:

8Section 4304. Inalienable Rights in Fund.--Whenever any 
9person shall become entitled to receive an allowance from the 
10police pension fund, and shall have been admitted to participate 
11therein, [he] the person shall not be deprived of [his] the 
12person's right to an equal and proportionate participation 
13therein [upon] on the basis upon which [he] the person first 
14became entitled thereto.

15Section 383. Section 4305 of the act, amended October 4,
161978 (P.L.950, No.188), is amended to read:

17Section 4305. Payments to Police Pension [Funds by City.--
18There] Fund by City.--Unless otherwise required by the act of 
19December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal 
20Pension Plan Funding Standard and Recovery Act," or by any other 
21provision of law, this section shall govern the payment to the 
22police pension fund of moneys raised by taxes levied by the 
23city:

24(1) A city shall [be paid] pay annually to the [organization 
25or association, constituting and having in charge the 
26distribution of police pension funds in every city] police 
27pension fund, a sum of money sufficient to meet the requirements 
28of and to maintain [such police pension] the fund which sum in 
29no year shall be less than one-half of one per centum nor more 
30than three per centum of all city taxes levied by the city,
 

1other than taxes levied to pay interest on or extinguish the 
2debt of the city [or any part thereof].

3(2) Council may exceed the limitations imposed by this 
4section if an additional amount is deemed necessary to provide 
5sufficient funds for payments to surviving spouses of members 
6retired on pension or killed or who die in the service[: 
7Provided, however, That], provided, however, that the city may 
8annually pay into [said] the fund not less than one-half of one 
9per centum of all city taxes levied by the city, other than 
10taxes levied to pay interest on or extinguish the debt of the 
11city [or any part thereof].

12Section 384. Sections 4306 and 4307 of the act are amended
13to read:

14Section 4306. [Designation of Organization to Manage Pension 
15Fund.--The organization, having in charge the distribution of 
16police pension funds, herein mentioned, shall consist only of 
17such as is by ordinance designated as the official and 
18authorized organization or association to hold, receive, and 
19distribute the funds of moneys for the purpose of pensioning the 
20police officers of the city.] Management of Police Pension 
21Fund.--Only the persons designated, in accordance with section 
224301(b)(2), shall be authorized to make decisions to hold, 
23receive and distribute the moneys of the police pension fund.

24Section 4307. Trusts for Benefit of Police Pension Fund.--
25Any city may take, by gift, grant, devise or bequest, any money 
26or property, real, personal or mixed, in trust for the benefit 
27of [such] the pension fund, and the care, management, investment 
28and disposal of [such] the trust funds or property shall be 
29vested in such officer or officers of the city, for the time 
30being, as the council may designate, and [such] the care,
 

1management and disposal shall likewise be directed by ordinance 
2and the [said] trust funds shall be governed thereby, subject to 
3such directions, not inconsistent therewith, as the donors of 
4[such] the funds and property may prescribe.

5Section 385. Section 4308 of the act, amended October 4,
61978 (P.L.950, No.188), is amended to read:

7Section 4308. Repayment Before Retirement.--[If for any 
8cause any] (a) If a contributing member of the police [force 
9contributing to the] pension fund shall cease to be a member of 
10the police force before [he becomes] becoming entitled to a 
11pension, the total amount of the contributions paid into the 
12pension fund by [such] the member shall be refunded to [him] the 
13member in full, without interest.

14(b) If [any such] a member shall have returned to [him] the 
15member the amount contributed, and shall afterward again become 
16a member of the police force, [he] the member shall not be 
17entitled to the pension designated until twenty years after 
18[his] the member's reemployment, unless [he shall return] the 
19member returns to the pension fund the amount withdrawn, in 
20which event the period of twenty years shall be computed from 
21the time the member first became a member of the police force, 
22excluding therefrom any period of time during which the member 
23was not employed by the police force.

24(c) In the event of the death of a member of the police 
25force not in the line of service before the member becomes 
26entitled to [the pension aforesaid and such] a pension and if 
27the member is not survived by a spouse or family entitled to 
28payments as [hereinbefore] provided in this subdivision, the 
29total amount of contributions paid into the pension fund by the 
30member shall be paid over to [his] the member's estate.

1Section 386. Section 4309 of the act, added December 17,
21990 (P.L.715, No.178), is amended to read:

3Section 4309. Definitions.--As used in this subdivision, the
4term "salary" is defined as the fixed amount of compensation
5paid at regular, periodic intervals by the city to the member
6and from which pension contributions have been deducted.

7Section 387. Article XLIII subdivision (b) heading of the
8act is amended to read:

9(b) [Firemen] Firefighters

10Section 388. Section 4320 of the act, amended October 4,
111978 (P.L.950, No.188), is amended to read:

12Section 4320. [Firemen's] Firefighters' Pension Fund; 
13Management; Annuity Contracts.--(a) Except as hereinafter 
14provided, cities shall provide annuity contracts or establish, 
15by ordinance, a [firemen's] firefighters' pension fund[, to].

16(b) The annuity contracts or pension fund shall be 
17maintained in part by an equal and proportionate monthly charge 
18against each member of the fire department, which shall not 
19exceed annually four per centum of the pay of such member, and 
20an additional amount not to exceed one per centum if deemed 
21necessary by the council to provide sufficient funds for 
22payments to surviving spouses of members retired on pension or 
23killed or who die in the service.

24(c) In any case [where] in which there is an existing 
25organization or association for the benefit of fully paid 
26[firemen] firefighters, constituting and having in charge the 
27distribution of [firemen's] firefighters' pension funds, no 
28annuity contract shall be provided, nor shall any [firemen's] 
29firefighters' pension funds be established under the provisions 
30of this section unless and until the members of such
 

1organization or association, by a two-thirds vote, elect to 
2transfer said existing fund into the pension fund required to be 
3established by this section.

4(d) All pension funds established under the provisions of 
5this section shall be under the direction and control of a board 
6of managers [consisting of the mayor], which shall consist of 
7the following:

8(1) Ex officio members as follows:

9(i) the mayor;

10(ii) the director of accounts and finance[,];

11(iii) the director of the department having charge of the 
12fire department, or in cities where the mayor is also the 
13director of the department having charge[,] of the fire 
14department, then the director of public safety[,];

15(iv) the city controller; and

16(v) the chief of the bureau of fire[, ex officio, and two].

17(2) Two members of the fire department to be chosen by the 
18members of the fire department.

19(e) If a city does not establish a department whose director
20is named as an ex officio member of the board of managers, then
21the director of another department or such officers of the city
22as may be designated by council shall be substituted on the
23board of managers.

24(f) Of the first [managers] members so chosen by the members 
25of the fire department to the board of managers, one shall be 
26chosen for a term of two years and one for a term of four years. 
27Biennially thereafter one [manager] fire department member shall 
28be chosen for a term of four years to take the place of the one 
29whose term expires. In case of vacancy among the managers chosen 
30by the fire department, a successor shall be chosen for the
 

1unexpired term.

2(g) The fund shall be applied, under [such] regulations [as] 
3prescribed by the board of managers [shall prescribe], for the 
4benefit of such members of the fire department [as shall] who 
5receive honorable discharge therefrom by reason of service or 
6age or disability, surviving spouses of retired members and the 
7families of [such as may be] members who are killed or who die 
8in the service. All [such] pensions [as shall be allowed] to 
9those who are retired by reason of [the disabilities or of] 
10disability or service or age shall be in conformity with a 
11uniform scale, together with service increments as hereinafter 
12provided. Benefits [allowed] from [such] the fund to families of 
13[such as] members who are killed or who die in service shall 
14take into consideration the member's surviving spouse and [his] 
15the member's minor children under eighteen years of age, if any 
16survive.

17Section 389. Section 4320.1 of the act, added June 16, 1993
18(P.L.97, No.21), is amended to read:

19Section 4320.1. Limited Vested Benefit for Firefighters.--
20(a) The ordinance establishing a firefighters' pension fund may 
21provide for a limited vested benefit if [such] it would conform 
22to section 305 of the act of December 18, 1984 (P.L.1005, 
23No.205), known as the "Municipal Pension Plan Funding Standard 
24and Recovery Act."

25(a.1) Under [the provisions of the] a limited vested 
26benefit, [should] if a member of the firefighters' pension fund 
27[before completing the minimum age and] has not completed the 
28minimum period of continuous service [requirements but after 
29having] and any applicable minimum age requirement but has 
30completed twelve years of full-time service, and if, for any
 

1reason, shall cease to be employed as a full-time firefighter, 
2the member shall be entitled to vest [his or her] the member's 
3retirement benefits subject to the following conditions:

4(1) [the] The member must file with the management board of
5the firefighters' pension fund a written notice of [his or her] 
6the member's intention to vest[;].

7(2) [the] The member must include in the notice the date the
8member intends to terminate [his or her] service as a full-time
9firefighter[;].

10(3) [the] The termination date shall be at least thirty days
11later than the date of notice to vest[;].

12(4) [the] The member must be in good standing with the fire
13department on the date of notice to vest[; and].

14(5) [the] The board shall indicate on the notice to vest the
15rate of the monthly pay of the member as of the date of the
16notice to vest or the highest average annual salary which the
17member received during any five years of service preceding the
18date, whichever is the higher.

19(b) Upon reaching the date which would have been the
20member's retirement date had the member continued [his or her]
21full-time employment with the fire department, the member shall
22notify the board in writing that the member desires to collect
23[his or her] the member's pension. The amount of retirement
24benefits the member is entitled to receive under this section
25shall be computed as follows:

26(1) [the] The initial determination of the member's base
27retirement benefits shall be computed on the salary indicated on
28the notice to vest[; and].

29(2) [the] The portion of the base retirement benefits due
30the member shall be determined by applying to the base amount

1the percentage that [his or her] the member's years of service
2actually rendered bears to the years of service which would have
3been rendered had the member continued to be employed by the
4department until [his or her] the member's minimum retirement
5date.

6Section 390. Section 4321 of the act, amended July 1, 1992
7(P.L.347, No.74), is amended to read:

8Section 4321. Retirement; Final Discharge.--[Such 
9regulations shall prescribe a] (a) With regard to continuous 
10service and minimum age requirements, the ordinance establishing 
11or regulations governing the firefighters' pension fund shall 
12prescribe as follows:

13(1) A minimum period of continuous service[,] of not less 
14than twenty years [and, when].

15(2) If any minimum age is prescribed, a minimum age of fifty 
16years[, after which members of the department may retire on 
17pension from active duty, and such members as are retired].

18(b) Retired members, if not unfit by reason of age, 
19disability or otherwise shall be subject to service, from time 
20to time, as a [firemen's] firefighters' reserve in cases of 
21emergency [until unfitted for such service, when they may be 
22finally discharged by reason of age or disability], under terms 
23and conditions as my be established by council.

24(c) With the approval of council, all members of the 
25[firemen's] firefighters' pension fund who are contributors and 
26who served in the armed forces of the United States subsequent 
27to September 1, 1940, and who were not members of the 
28[firemen's] firefighters' pension fund prior to such military 
29service, shall be entitled to have full credit for each year or 
30fraction thereof, not to exceed five years of such service upon
 

1their payment to the [firemen's] firefighters' pension fund of 
2an amount equal to that which they would have paid had they been 
3members during the period for which they desire credit, and 
4their payment to such fund of an additional amount as the 
5equivalent of the contributions of the city plus any interest 
6the city would have been required to pay on the contributions on 
7account of such military service. Upon the death of a member who 
8retires on pension or is killed in the service on or after 
9January 1, 1960, or who dies in the service on or after January 
101, 1968, payments as hereinafter provided shall be made to the 
11member's surviving spouse during the life of the spouse.

12Section 391. Section 4322 of the act, amended or added
13October 4, 1978 (P.L.950, No.188), June 16, 1993 (P.L.97, No.21)
14and June 19, 2002 (P.L.442, No.65), is amended to read:

15Section 4322. Pensions and Service Increments.--(a) The 
16following apply:

17(1) Payments of pensions shall [not] only be a charge on
18[any fund in the] the firefighters' pension fund and shall not 
19be a charge on any other fund under the control, or in the
20treasury, of the city [or under its control save the firemen's
21pension fund herein provided for].

22(2) The basis of the pension of a member shall be determined
23by the monthly salary of the member at the date of vesting under
24section 4320.1 or retirement, or the highest average annual
25salary which [he] the member received during any five years of
26service preceding retirement, whichever is the higher, whether
27for disability, or by reason of age or service, and except as to
28service increments provided for in subsection (b) of this
29section, shall be one-half the annual salary of [such] the
30member at the time of vesting under section 4320.1 or retirement

1computed at [such] the monthly or average annual rate, whichever
2is the higher.

3(3) In the case of the payment of pensions to members for
4permanent injury incurred in service, and to families of members
5killed or who die in service, the amount and commencement of the
6payment of pensions shall be fixed by regulations of the board.
7[Such] These regulations shall not take into consideration the
8amount and duration of [workmen's] workers' compensation allowed
9by law. Payments to surviving spouses of members retired on
10pension or killed in the service on or after January 1, 1960, or
11who die in the service on or after January 1, 1968, shall be the
12amount payable to the member or which would have been payable
13had [he] the member been retired at the time of [his] the
14member's death.

15(a.1) The provisions of subsection (a) providing that the
16basis of the pension shall be one-half the annual salary of
17[such] the member at the time of vesting under section 4320.1 or
18retirement computed at [such] the monthly or average annual
19rate, whichever is the higher, shall not apply to a city of the
20third class whether operating under an optional charter adopted
21in accordance with the act of July 15, 1957 (P.L.901, No.399),
22known as the "Optional Third Class City Charter Law," or under a
23home rule charter adopted in accordance with 53 Pa.C.S. Pt. III 
24Subpt. E (relating to home rule and optional plan government),
25which had in effect pension plans prior to the effective date of
26this subsection that provided pensions in an amount greater than
27fifty per centum of salary.

28(b) In addition to the pension which is authorized to be
29paid from the [firemen's] firefighters' pension fund by this act
30and notwithstanding the limitations therein placed upon such

1pensions and upon contributions, every contributor who shall
2become entitled to the pension shall also be entitled to the
3payment of a "service increment" in accordance with and subject
4to the conditions hereinafter set forth.

5(1) Service increment shall be the sum obtained by computing
6the number of whole years after having served the minimum
7required by this act during which a contributor has been
8employed by [such] the city and paid out of the city treasury,
9including credit for military service as provided in section
104321, and multiplying the said number of years so computed by an
11amount equal to one-fortieth of the retirement allowance which
12has become payable to such contributor in accordance with the
13provisions of this act. In computing the service increment, no
14employment after the contributor has reached the age of sixty-
15five years shall be included, and no service increment shall be
16paid in excess of one hundred dollars ($100) per month.

17(2) Each contributor, from and after [the effective date of
18this amendment] September 18, 1968, shall pay into the pension
19fund a monthly sum in addition to [his] the contributor's 
20pension contribution, which shall not exceed the sum of one
21dollar ($1) per month[: And provided, That such], provided that 
22the service increment contribution shall not be paid after a
23contributor has reached the age of sixty-five years.

24(3) Any person who is a member of the department on [the
25effective date of this amendment] September 18, 1968, who has
26already reached the age of sixty-five years shall have [his] the 
27person's service increment computed on the years of employment
28prior to the date of reaching [his] the person's sixty-fifth
29birthday.

30(4) Service increment contributions shall be paid at the

1same time and in the same manner as pensions, and may be
2withdrawn in full, without interest, by persons who leave the
3employment of [such] the city, subject to the same conditions by
4which retirement contributions may be withdrawn, or by persons
5who retire before becoming entitled to any service increment.

6(5) All members of the fire department who are now
7contributors to the pension fund and all those employed by the
8city after [the effective date of this amendment] September 18, 
91968, if required to become contributors to the pension fund,
10shall be subject to the provisions of this act.

11(6) After the effective date of this clause, a city may
12agree to make service increment payments in excess of one
13hundred dollars ($100) per month as long as such payments do not
14exceed five hundred dollars ($500) per month, and, in computing
15such service increments, no employment after the contributor has
16reached the age of sixty-five years shall be included[:
17Provided, That], provided that any agreement to provide an
18increase in service increment payments shall include a
19proportionate increase in the amount each contributor shall pay
20into the retirement fund under clause (2), not to exceed five
21dollars ($5) per month.

22Section 392. Section 4322.1 of the act, amended June 30,
231969 (P.L.98, No.36), is amended to read:

24Section 4322.1. Increase of Allowances After Retirement.--
25(a) Any city may, at any time, at its discretion, upon the
26recommendation of the persons having custody and management of
27the [firemen's] firefighters' pension fund, increase the
28allowances of persons receiving allowances of any kind from the
29fund by reason of and after the termination of the services of
30any member of the fund.

1[Such increases] (b) Increases made pursuant to this section 
2shall be in conformity with a uniform scale, which may be based
3on the cost of living, but the total of any such allowances
4shall not at any time exceed one-half of the current salary
5being paid [firemen] firefighters of the highest pay grade.

6Section 393. Section 4323 of the act, amended August 14,
71959 (P.L.709, No.246), is amended to read:

8Section 4323. Causes for Forfeiture of Rights in Fund; Other
9Employments.--(a) Whenever any person shall become entitled to
10receive a pension from the [firemen's] firefighters' pension
11fund, and shall have been admitted to participate therein, [he]
12the person shall not thereafter be deprived of [his] the 
13person's right to participation therein [upon] on the basis upon
14which [he] the person first became entitled thereto, [except for 
15one or more of the following causes, that is to say:

16Conviction of a felony or misdemeanor, becoming an habitual 
17drunkard, or failing to comply with some general regulation 
18relating to the management of said fund which may be made by the
19managers, and which may provide that a failure to comply
20therewith shall terminate the right to participate in the
21pension fund.] unless otherwise required by the act of July 8, 
221978 (P.L.752, No.140), known as the "Public Employee Pension 
23Forfeiture Act."

24(b) Any termination of a pension shall be only after [such]
25due notice and hearing as shall be prescribed by regulation of
26the managers.

27Section 394. Section 4324 of the act, amended October 4,
281978 (P.L.950, No.188), is amended to read:

29Section 4324. Payments to [Firemen's] Firefighters' Pension
30[Funds] Fund by City.--[There] Unless otherwise required by the
 

1act of December 18, 1984 (P.L.1005, No.205), known as the 
2"Municipal Pension Plan Funding Standard and Recovery Act," or 
3by any other provision of law, this section shall govern the 
4payment to the firefighters' pension fund of money raised by 
5taxes levied by the city:

6(1) A city shall [be paid] pay to the [firemen's]
7firefighters' pension [funds by every city] fund annually [the]
8a sum of money not less than one-half of one per centum nor more
9than three per centum of all city taxes levied by the city,
10other than taxes levied to pay interest on or extinguish the
11debt of the city [or any part thereof].

12(2) Council may exceed the limitations imposed by this
13section if an additional amount is deemed necessary to provide
14sufficient funds for payments to surviving spouses of members
15retired on pension or killed or who die in the service[:
16Provided, however, That], provided, however, that the city shall
17annually pay into said fund not less than one-half of one per
18centum of all city taxes levied by the city, other than taxes
19levied to pay interest on or extinguish the debt of the city [or
20any part thereof].

21Section 395. Sections 4325 and 4326 of the act are amended
22to read:

23Section 4325. [Transfer of Funds] Transfers from Other
24Pension Funds.--(a) In any city wherein the members of the fire
25department are members of a pension fund not established solely
26for the purpose of pensioning members of the fire department,
27there shall be transferred from such other pension fund into the
28[firemen's] firefighters' pension fund required to be
29established by this act, the moneys contributed thereto by
30members of the fire department who have not been retired, and a

1just and equitable proportion of the moneys contributed by the
2city to such other pension fund for the future retirement of
3members of the fire department. [Such] The transfers may be made
4by the transfer of securities. The amounts to be transferred
5shall be amicably adjusted by the managers of the [firemen's]
6firefighters' pension fund and the pension board having the
7charge of such other pension fund. In case of disagreement as to
8the amount [so] to be transferred, the disagreement shall be
9resolved by the city council, whose action thereon shall be
10final.

11(b) Nothing contained in this section shall be construed to
12relieve any existing pension fund of its liability to continue
13the payment of pensions to retired members of the fire
14department in accordance with the laws and regulations under
15which such members were retired.

16Section 4326. Trusts for Benefit of [Firemen's]
17Firefighters' Pension Fund.--Any [such] city may take, by gift,
18grant, devise or bequest, any money or property, real, personal
19or mixed, in trust for the benefit of [such] the pension fund[,
20and the]. The care, management, investment and disposal of
21[such] the trust funds or property shall be vested in [such] the
22officer or officers of [such] the city, for the time being, as
23the [said] city may designate[, and such]. The care, management
24and disposal shall likewise be directed by ordinance and the
25[said] trust funds shall be governed thereby, subject to [such]
26directions, not inconsistent therewith, as the donors of [such]
27the funds and property may prescribe.

28Section 396. Section 4327 of the act, amended July 20, 1968
29(P.L.434, No.204), is amended to read:

30Section 4327. Repayment Before Retirement.--(a) If [for any

1cause any] a contributing member of the [fire department
2contributing to the] firefighters' pension fund shall cease to
3be a member of the fire department before [he] the member
4becomes entitled to a pension, the total amount of the
5contributions paid into the pension fund by [such] the member
6shall be refunded [to him] in full without interest.

7(b) If [any such] a member shall have returned to [him] the 
8member the amount contributed, and shall afterward again become
9a member of the fire department, [he] the member shall not be
10entitled to the pension designated until twenty years after
11[his] the member's reemployment, unless [he shall return] the 
12member returns to the pension fund the amount withdrawn, in
13which event the period of twenty years shall be computed from
14the time the member first became a member of the fire
15department, excluding therefrom any period of time during which
16the member was not employed by the fire department.

17(c) In the event of the death of a member of the fire
18department not in the line of service before the member becomes
19entitled to [the] a pension [aforesaid] and [such] if the member
20[is not survived by a widow] has no surviving spouse or family
21entitled to payments as [hereinbefore] provided in this 
22subdivision, the total amount of contributions paid into the
23pension fund by the member shall be paid over to [his] the 
24member's estate.

25Section 397. Section 4328 of the act, added June 16, 1993
26(P.L.97, No.21), is reenacted to read:

27Section 4328. Definitions.--As used in this subdivision, the
28term "salary" is defined as the fixed amount of compensation
29paid at regular, periodic intervals by the city to the member
30and from which pension contributions have been deducted.

1Section 398. Article XLIII subdivision (c) heading of the
2act, amended August 17, 1951 (P.L.1251, No.292), is amended to
3read:

4(c) Pension Funds for Employes Other Than [Policemen] Police 
5Officers and City-Paid [Firemen] Firefighters

6Section 399. Section 4340 of the act, amended October 4,
71978 (P.L.950, No.188), is amended to read:

8Section 4340. Pension Funds for Employes other than Police
9or City-Paid [Firemen] Firefighters.--(a) Cities may create a
10pension fund for the pensioning of employes [of said cities] who
11are not members of the police force or city-paid fire department
12[thereof], surviving spouses of retired members if council so
13elects and the families of [such] employes as may be injured or
14killed in the service, in the manner, under the conditions and
15subject to the qualifications [following] set forth in this 
16subdivision.

17(b) As used in this subdivision "employes" includes officers
18and officials of the city, whether elected or appointed.

19Section 400. Section 4341 of the act, amended June 21, 1984
20(P.L.428, No.87), is amended to read:

21Section 4341. Pension Board; Duties.--(a) In any city which
22creates [such] a pension fund in accordance with this 
23subdivision, there shall be created a board to be known as the
24pension board, consisting of the mayor, the city controller, the
25superintendent of finance, two employes to be chosen by the
26employes contributing to the pension fund and, if members of
27council participate in the pension fund and are members of the
28fund, a member of council[,] chosen by council.

29(b) It shall be the duty of [said] the board to register all
30persons employed by the [said] city, and to administer the

1collections and distribution of the pension fund [herein
2provided for], and make such reasonable rules [in the premises]
3as [such] the board may deem necessary [to carry into effect the
4provisions of this act].

5Section 401. Section 4342 of the act is amended to read:

6Section 4342. Retirement Age.--[Every person, now or
7hereafter employed by any] In a city which has created [such] a
8pension fund and pension board [as hereinbefore provided,] in 
9accordance with this subdivision, an employe of the age of sixty
10years, and upwards, who shall have been [so] employed for a
11period of twenty years or more, shall, upon application to the
12board of pensions [herein created,] be retired from service and
13shall, subject to qualifications provided in this subdivision
14during the remainder of [his or her] the employe's life, receive
15the pension or compensation fixed by this [act, subject to such
16qualifications as are herein contained] subdivision.

17Section 402. Section 4343 of the act, amended October 4,
181978 (P.L.950, No.188), is amended to read:

19Section 4343. Retirement Allowance; Proof of Disability;
20Joint and Single Coverage Members Defined.--(a)  During the
21lifetime of any person in the employment of any city creating
22[such] the pension fund and pension board [as hereinbefore
23provided, he or she] in accordance with this subdivision, the 
24person shall be entitled to receive as a pension annually, from
25the fund set aside for the purpose, fifty per centum of the
26amount which would constitute the average annual salary or wages
27which [he or she] the person received during the last or any
28five years of [his or her] the person's employment by the [said]
29city, whichever is the higher, [said] the pension to be paid in
30semi-monthly payments. Should any persons so employed, after

1twenty years of service, be dismissed, voluntarily retired, or
2be in any manner deprived of [his or her] the person's position
3or employment, before attaining the age of sixty years, upon
4continuing a monthly payment to the fund equal to the last
5amount due and paid monthly while in active service, [said] the 
6person shall be entitled to the pension above-mentioned,
7notwithstanding [he or she] that the person has not attained the
8age of sixty years at the time of [his or her] the person's
9separation from the service of [such] the city, but [said] the
10pension shall not commence until [he or she] the person has
11attained the age of sixty years. Should any employe, however,
12become totally and permanently disabled, after ten years of
13service and before attaining the age of sixty years, [he or she] 
14the person shall be entitled to the [said] pension. Proof of
15total and permanent disability shall consist of the sworn
16statement of three practicing physicians, designated by the
17board, that the employe is in a permanent condition of health
18which would permanently disable [him or her] the person from
19performing the duties of [his or her] the person's position or
20office.

21(b) For the purpose of this article on pensions, the
22following words shall have the meaning herein assigned to them:

23(1) "Joint Coverage Member" of the retirement system shall
24mean a city employe who shall have become a member of the
25retirement system subsequent to the last date permitted by
26[such] the city for statement or preference concerning social
27security coverage, or who, having become a member on or before
28[such] that date, shall have filed with the Retirement Board a
29written statement that [he or she] the member elects social
30security coverage under an agreement with the [Federal]

1Secretary of Health[, Education and Welfare] and Human Services
2entered into by the Commonwealth.

3(2) "Single Coverage Member" of the retirement system shall
4mean a city employe who shall have become a member of the
5retirement system on or before the last date permitted by [such]
6the city for statement of preference concerning social security
7coverage and who either shall have filed with the Retirement
8Board a written statement that [he or she] the member does not
9elect social security coverage under any agreement with the
10[Federal] Secretary of Health[, Education and Welfare] and Human 
11Services entered into by the Commonwealth, or shall not have
12filed with the Retirement Board any written statement.

13(c) Where a city has entered into an agreement with the
14Commonwealth to place certain employes under the Federal Social
15Security Act, the pension to be paid joint coverage members
16according to the provisions of this section payable after the
17age and upon that portion of annual compensation on which social
18security benefits are payable, shall be reduced by an amount
19equal to forty (40) per centum of the primary insurance amount
20of social security paid or payable to the member. [Such] The
21reduction shall be subject to the following provisions:

22(1) Upon attainment of the age at which social security
23benefits are payable by a beneficiary receiving a pension or
24upon retirement of a contributor after attaining that age, [his] 
25the person's eligibility to the old age insurance benefit and
26the primary insurance amount of social security upon which the
27reduction in the pension shall be based, shall be computed by
28the board in the manner specified in the Federal Social Security
29Act, except that in determining such eligibility and such amount
30only wages or compensation for services performed in the employ

1of the city shall be included.

2(2) The reduction shall not apply to a pension for total and
3permanent disability payable under this section.

4(3) Whenever the amount of the reduction from the pension
5shall have been once determined, it shall remain fixed for the
6duration of the pension, except that any decrease in the primary
7insurance amount under the Social Security Act shall result in a
8corresponding decrease in the amount of the reduction from the
9pension.

10(4) The total sum, including social security benefits, to be
11received upon retirement by an employe who is a member of the
12system at the time of the agreement shall not be less than the
13allowance that would be paid by the retirement system in the
14absence of the agreement.

15(d) If council elects, by ordinance, to make such payments,
16the surviving spouse of an employe who retired on pension or is
17killed in the service on or after January 1, 1960, shall, during
18[his] the surviving spouse's lifetime or so long as [he] the 
19surviving spouse does not remarry, be entitled to receive a
20pension calculated at the rate of fifty per centum of the
21pension the member was receiving or would have been entitled to
22had [he] the member been retired at the time of [his] the 
23member's death.

24Section 403. Section 4343.1 of the act, amended June 11,
251968 (P.L.160, No.90), is amended to read:

26Section 4343.1. Retirement Allowances; Full Coverage; 
27Payments.--(a) Where a city has entered into an agreement with 
28the Commonwealth to place certain employes under the Federal 
29Social Security Act, the pension board may authorize any joint 
30coverage member of the retirement system to elect according to
 

1the provisions of this section to receive compensation without 
2the reduction provided for in section 4343, provided [he] the 
3member shall make a lump-sum payment to the pension board, or 
4installment payments as may be approved by the board, equal to 
5the difference between the amount of the accumulated fund to 
6[his] the member's credit in the fund as of the last date for 
7which salary or wages was paid and the amount which would have 
8been to [his] the member's credit in [such] the fund if 
9contributions had been made on that portion of [his] the 
10member's salary or wages on which social security allowances are 
11payable, at the same rate as made on that portion of [his] the 
12member's salary or wages in excess thereof, from the time that 
13[such] the salary or wages became subject to social security 
14coverage. Such election shall be made, in writing, in the form 
15prescribed by the pension board, and shall be accompanied by the 
16lump-sum payment or an agreement as to installment payments 
17herein required.

18(b) The pension board may authorize any such member to make
19the election herein provided at any time, and if made prior to
20retirement, [such] the member shall, in addition to any lump-sum
21or installment payments required, pay to the board contributions
22on [his] the member's entire salary or wages thereafter received
23at the rate provided in this act for monthly salary or wages in
24excess of that on which social security allowances are payable.

25Section 404. Section 4343.2 of the act, added July 11, 1996
26(P.L.647, No.109), is amended to read:

27Section 4343.2. Limited Vested Benefit.--(a) The ordinance 
28creating a pension fund in accordance with this subdivision may 
29provide for a limited vested benefit if [such] it would conform 
30to section 305 of the act of December 18, 1984 (P.L.1005,
 

1No.205), known as the "Municipal Pension Plan Funding Standard 
2and Recovery Act."

3(a.1) Under [the provisions of the benefit, should a member 
4of the pension fund terminate] a limited vested benefit, if a 
5member of the pension fund terminates employment before reaching 
6the date which would have been the member's earliest retirement 
7date had the member continued employment by meeting the minimum 
8age and minimum period of continuous service requirements but 
9after having completed twelve years of full-time service, the 
10member shall be entitled to vest [his or her] the member's 
11retirement benefits subject to the following conditions:

12(1) [the] The member must file with the management board of
13the pension fund a written notice of [his or her] the member's 
14intention to vest[;].

15(2) [the] The member must include in the notice the date the
16member intends to terminate [his or her] the member's service as
17an employe[;].

18(3) [the] The termination date shall be at least thirty days
19later than the date of notice to vest[;].

20(4) [the] The member must be in good standing with the city
21on the date of notice to vest[; and].

22(5) [the] The board shall indicate on the notice to vest the
23rate of monthly pay of the member as of the date of [said] the
24notice to vest or the highest average annual salary which the
25member received during any five years of service preceding
26[said] the date, whichever is the higher.

27(b) Upon reaching the date which would have been the
28member's earliest retirement date had the member continued [his
29or her] the member's employment with the city, the member shall
30notify the board, in writing, that the member desires to collect

1[his or her] the member's pension. The amount of retirement
2benefits the member is entitled to receive under this section
3shall be computed as follows:

4(1) [the] The initial determination of the member's base
5retirement benefits shall be computed on the salary indicated on
6the notice to vest[; and].

7(2) [the] The portion of the base retirement benefits due
8the member shall be determined by applying to the base amount
9the percentage that [his or her] the member's years of service
10actually rendered bears to the years of service which would have
11been rendered had the member continued to be employed by the
12city until[ his or her] the member's earliest retirement date.

13Section 405. Section 4344 of the act, amended October 4,
141978 (P.L.950, No.188), is amended to read:

15Section 4344. Amount of Payments into Fund; Repayment before 
16Retirement.--The employes of any city, creating [such] a pension 
17fund and pension board in accordance with this subdivision, 
18shall pay into the board of pensions monthly an amount equal to 
19two per centum of their monthly salaries or wages, and if 
20council elects, by ordinance, to make [such] payments, an 
21additional amount not to exceed one per centum if deemed 
22necessary by council to provide sufficient funds for payments to 
23the surviving spouses of members who were retired on pension or 
24killed in the service, which shall be applied to the purposes of 
25the fund. Payment of the monthly amount or contribution herein 
26mentioned shall cease and be discontinued at the time the 
27beneficiary receives the pension herein provided. If for any 
28cause any employe contributing to the pension fund shall cease 
29to be an employe of the city before the [said] employe becomes 
30entitled to a pension, the total amount of the contributions
 

1paid into the pension fund by [such] the employe shall be 
2refunded to [him or her] the employe in full, without interest. 
3If any [such] employe shall have returned to [him or her] the 
4employe the amount contributed as aforesaid, and shall afterward 
5reenter the employ of the city, [said] the employe shall not be 
6entitled to the pension designated until twenty years after 
7[said] reemployment, unless [he or she] the employe shall return 
8to the pension fund the amount withdrawn, in which event that 
9period of twenty years shall be computed from the time [said] 
10the employe first enters the service of the city. In the event 
11of the death of any [such] employe, before the [said] employe 
12becomes entitled to the pension aforesaid, the [said] total 
13amount of contributions paid into the pension fund by [said] the 
14employe shall be paid over to the estate of [said] the deceased 
15employe.

16Section 406. Section 4344.1 of the act, amended July 21,
171959 (P.L.553, No.169), is amended to read:

18Section 4344.1. Determination of Liability Upon Extension of 
19Social Security.--(a) Where a city has entered into an 
20agreement with the Commonwealth to place its employes under the 
21Federal Social Security Act, the pension board shall appoint an 
22actuary, and may fix [his] the employe's compensation. The 
23actuary shall determine the present value of the liability on 
24account of pensions payable under the provisions of section 4343 
25[of this act] to employes who are members of the system on the 
26effective date of the agreement, and shall offset the value of 
27any assets in the pension fund to determine the unfunded 
28liability. The city may make [such] the payments as it desires 
29toward the unfunded liability until the accumulated reserve 
30equals the present value of the liability. The actuary shall
 

1also determine the amount which shall be contributed, annually, 
2into the fund on account of service of all new and original 
3members subsequent to the effective date of the agreement.

4(b) Employes shall pay into the board of pensions, monthly,
5an amount equal to three and one-half per centum of that portion
6of monthly compensation on which social security allowances are
7payable and five per centum of any monthly compensation in
8excess of that on which social security allowances are payable.
9The remainder of the needed annual contribution for service
10subsequent to the date of the agreement, as determined by the
11actuary, shall become the obligation of the city, and shall be
12paid by it to the board of pensions by annual appropriations.
13The provisions of this section shall, in all applicable cases,
14supersede the provisions relating to contributions in section
154344 and section 4348 [of this act].

16Section 407. Section 4345 of the act is amended to read:

17Section 4345. Payments by Laborers Optional.--Any person
18holding a position in any [such] city as a laborer, at a per
19diem wage, shall not be compelled to pay or contribute toward
20the pension fund herein provided for, but shall have the option
21or choice of so doing and, in that event only, of becoming
22entitled to the pension provided by this act.

23Section 408. Section 4346 of the act, amended August 17,
241951 (P.L.1251, No.292), is amended to read:

25Section 4346. Heads of Departments to Certify List of 
26Employes.--The head of every department and office employing 
27persons entitled to receive a pension shall certify to the board 
28of pensions all persons so employed and the amount of salary or 
29wages which is paid to [said] employes, together with 
30dismissals, resignations, or terminations of service and, from
 

1the records of their office or department, shall furnish [such] 
2other relevant information as the board of pensions shall 
3require. In the case of a volunteer [fireman] firefighter, "head 
4of department or office" shall mean the president or secretary 
5of the board of trustees of the volunteer fire company involved.

6Section 409. Section 4347 of the act is amended to read:

7Section 4347. Receipt, Investment and Payment of Funds.--It
8shall be the duty of the board of pensions to receive and retain
9and, when deemed advisable, to invest the funds payable in
10accordance with the provisions of this subdivision [of this
11article], and to pay over by warrant or check the amount due to
12[said] employes.

13Section 410. Sections 4348 and 4349 of the act, amended
14August 17, 1951 (P.L.1251, No.292), are amended to read:

15Section 4348. Appropriations and Contributions to Fund.--The 
16council may annually set aside, apportion, and appropriate, out 
17of all taxes and income of [such] the city, unto the board of 
18pensions, a sum sufficient to maintain the pensions or 
19compensations due hereunder on account of the city contributions 
20for all employes except volunteer [firemen] firefighters. On 
21account of volunteer [firemen] firefighters who become members 
22of the pension fund, the board of trustees of the volunteer fire 
23company employing and paying them shall annually contribute to 
24the board of pensions a sum equal to the same percentage of its 
25participating payroll as the amount contributed by the city for 
26the same year bears to its participating payroll.

27Section 4349. Application.--(a) The benefits conferred by 
28this subdivision [of this article] shall apply to all persons 
29employed in any capacity by, or holding positions in, or, in the 
30case of a volunteer [fireman] firefighter, rendering services
 

1recognized and accepted by, the cities creating a pension fund 
2and pension board in accordance with its provisions, but this 
3subdivision shall not apply to employes of [such] departments, 
4bureaus, or offices as are otherwise protected by pension 
5authorized by this act.

6(b) Any volunteer [fireman] firefighter may become a member
7of [such] a pension fund, as of the date of [his] the volunteer 
8firefighter's original employment or of the inception of the
9pension fund, whichever is later, upon [his] the volunteer 
10firefighter making back contributions, and if the volunteer fire
11company or board of trustees thereof employing and paying [him] 
12the volunteer firefighter agrees to contribute and contributes
13to the pension fund, from time to time, the sums hereinbefore
14required.

15Section 411. Sections 4350 and 4351 of the act are reenacted
16to read:

17Section 4350. Computation of Time of Service.--The time of
18service herein specified, namely, twenty years, shall be
19computed from the time of the first or original employments,
20said employment to consist of service to the city and need not
21be continuous.

22Section 4351. Funds Payable to be Free of Attachment.--The
23compensation or pension herein mentioned shall not be subject to
24attachment or execution, and shall be payable only to the
25beneficiary designated, and shall not be subject to assignment
26or transfer.

27Section 412. Section 4352 of the act, amended August 17,
281951 (P.L.1251, No.292), is amended to read:

29Section 4352. Definitions.--The term or phrase "employe,"
30"employed," "employed by the city," or "in the employment of any

1city," as used in this subdivision, is meant to include all
2persons in the service of cities creating a pension fund and a
3pension board in accordance with the provisions thereof, who are
4not now otherwise protected by pensions authorized by this act,
5and any volunteer [fireman] firefighter who becomes a member of
6the pension fund.

7"Volunteer [fireman] firefighter" shall mean a driver of
8fire-fighting apparatus or ambulances, regularly employed and
9paid by a volunteer fire company, rendering services recognized
10and accepted by a city.

11Section 413. Section 4353 of the act, amended July 5, 2005
12(P.L.70, No.28), is reenacted to read:

13Section 4353. Beneficiaries of Fund not to be Employed by
14City.--No person or persons who shall have become a beneficiary
15shall be employed by the said city in any capacity. Subject to
16the provisions of section 4361, nothing herein shall be
17construed as prohibiting a person or persons who shall have
18become a beneficiary from serving in an elective city office.

19Section 414. Article XLIII subdivision (d) heading of the
20act, added July 5, 2005 (P.L.70, No.28), is reenacted to read:

21(d) Beneficiaries Serving in Elective Office

22Section 415. Section 4361 of the act, added July 5, 2008
23(P.L.70, No.28), is reenacted and amended to read:

24Section 4361. Right to a Pension if Salary Refused.--In any
25city governed by the provisions of this act, the act of July 15,
261957 (P.L.901, No.399), known as the "Optional Third Class City
27Charter Law," or 53 Pa.C.S. Pt. III Subpt. E (relating to home
28rule and optional plan government), a beneficiary serving in an
29elective city office shall not be prohibited from receiving a
30pension for any month in which [he or she] the beneficiary does

1not accept a salary from serving in the elective office.

2Section 416. Article XLIV heading of the act is reenacted to
3read:

4ARTICLE XLIV

5CIVIL SERVICE

6Section 417. Section 4401 of the act is amended to read:

7Section 4401. Examinations Required of All Appointees.--No
8person or persons may be appointed to any [position whatever in
9the police department, or in the engineering department or
10electrical department, except as otherwise provided by law, or
11in the position of building inspector, or as health officers
12other than registered physicians, or as sanitary policemen or
13inspectors of the health department] uniformed position in the 
14police or fire departments, excluding chiefs, without having
15first passed all the examinations hereinafter provided for[,]
16and without having been appointed in the manner and according to
17the terms and provisions and conditions of this article.

18Section 418. Section 4402 of the act, amended April 18, 1978
19(P.L.37, No.19), is amended to read:

20Section 4402. Appointment of Examining [Boards] Board.--
21There shall be [the following civil service boards in each city:
22(a) A board for] a civil service board in each city that shall 
23provide for and oversee the examination of applicants for
24appointment to and promotion to any position in the police
25[department; (b) a board for the examination of applicants for
26appointment as health officers other than registered physicians,
27or as sanitary policemen or inspectors of the health department;
28(c) a board for the examination of applicants for appointment to
29any position in the engineering or electrical departments,
30except as otherwise provided for by law, or to the position of

1building inspectors.

2Each of said boards shall consist of three citizens, who
3shall be elected] or fire departments. The board shall consist 
4of three citizens who shall be appointed by council for terms of
5four years or until their successors are [elected and qualified]
6appointed and qualified except for the initial appointment of 
7board members as provided for in section 4403. Any person who is
8a registered elector of the city may be appointed to [one or
9more of said boards] the board. No city officer, official or
10employe shall be eligible for appointment to [any] the civil
11service board.

12Section 419. The act is amended by adding a section to read:

13Section 4402.1. Existing Civil Service Positions.--All
14nonuniformed employes in city positions that were subject to
15civil service regulation immediately prior to the effective date
16of this section shall continue to be subject to civil service
17regulation otherwise provided in this article for uniformed
18employes with regard to the nonuniformed positions.

19Section 420. Section 4403 of the act is amended to read:

20Section 4403. Terms; Filling of Vacancies; Compensation;
21Quorum.--[At the first election in newly created cities, council
22shall elect to each of said boards] In a city in which the civil 
23service board is first established, terms of members of the 
24board shall be staggered. Council shall initially appoint to the 
25board one person to serve for two years, one person to serve for
26three years, and one person to serve for four years. Upon the
27expiration of the term of any member [of any of said boards, in
28any city, one person shall be elected] a successor shall be 
29appointed by the city council to serve upon [said] the board for
30[the] a term of four years. If any vacancies occur, they shall

1be filled by the city council for the unexpired term. Each of
2[said] the members, before entering upon the duties of [his]
3office, shall take and subscribe to the oath of office
4prescribed by [this act] 53 Pa.C.S. § 1141 (relating to form of 
5oaths of office) and file the same, duly certified by the
6officer administering it, with the [controller of the city] city 
7administrator or, in cities without a city administrator, the 
8city clerk. No salary or other compensation shall be paid to any
9member of the [said boards] board. Two members of the board
10shall constitute a quorum necessary for the transaction of
11business of that board. [Said boards] The board shall organize
12for the purpose of transacting all business immediately after
13[their first appointment and, from time to time,] the first 
14appointments and thereafter as new appointments to [such] the
15board are made. After organizing, the board shall elect one of 
16its members as chairperson and one as secretary.

17Section 421. The act is amended by adding sections to read:

18Section 4403.1. Alternate Board Members.--Council may
19appoint no more than three qualified electors of the city to
20serve as alternate members of the civil service board. The term
21of office of the alternate members shall be four years. If, by
22reason of absence or disqualification of a member, a quorum is
23not reached, the chairperson shall designate as many alternate
24members of the board to sit on the board as may be needed to
25provide a quorum. When seated pursuant to this section, an
26alternate shall be entitled to participate in all proceedings
27and discussions of the board to the extent as provided by law
28for board members, including specifically the right to cast a
29vote as a voting member during the proceedings, and shall have
30all the powers and duties set forth in this act and as otherwise

1provided by law. Any alternate member of the board shall
2continue to serve on the board in all proceedings involving the
3matter or case for which the alternate was initially designated
4until the board has made a final determination of the matter or
5case. Designation of an alternate pursuant to this section shall
6be made on a case-by-case basis in rotation according to
7declining seniority among all alternates. Alternates shall hold
8no other office in the city. Any alternate may participate in
9any proceeding or discussion of the board but shall not be
10entitled to vote as a member of the board unless designated as a
11voting alternate member pursuant to this section.

12Section 4403.2. Investigations and Subpoenas.--(a) The
13board shall have the power to make investigations concerning all
14matters relating to the administration and enforcement of its
15rules and regulations. The chairperson shall be authorized to
16administer oaths and affirmations for witnesses testifying in
17matters before the board.

18(b) The board shall have the power to issue subpoenas over
19the signature of the chairperson or designee and to require the
20attendance of witnesses and the production of records and papers
21pertaining to matters before the board, including any background
22investigation conducted pursuant to any applicable rules and
23regulations.

24Section 422. Section 4404 of the act is amended to read:

25Section 4404. Rules and Regulations; Examinations.--[Each of
26said boards shall prepare and adopt such rules and regulations
27to cover the selection and appointment of all persons as
28hereinbefore provided, to be hereafter employed or appointed in
29said cities, as in the judgment of said boards shall be best
30adapted to securing the best service for the public. Such rules

1and regulations] (a) The board shall have the power and its 
2duty shall be to prepare and adopt rules and regulations, 
3subject to approval by council, which, in the board's 
4discretion, are best adapted to securing and maintaining the 
5best service for the public for the selection, appointment and 
6promotion of persons who are qualified to perform the work which 
7is the subject of the civil service examination as provided in 
8this article, and who are to be employed, appointed or promoted 
9by the city. The rules and regulations adopted by the board
10shall provide for ascertaining and determining, so far as
11possible, [the physical qualifications, habits, reputation,
12standing, experience and education of all applicants for such
13positions, respectively; and they] the knowledge, skills, 
14aptitude, mental and physical abilities, experience, education 
15and character of all applicants as these criteria would 
16reasonably apply to the respective positions; and the rules and 
17regulations shall provide for examinations upon any and all
18subjects deemed proper or necessary by [said boards] the board
19for the purpose of determining [their qualifications for the
20position sought and applied for] the qualifications of 
21applicants for the respective positions sought and for which 
22application is made.

23(b) The civil service board shall, in accordance with this
24act, adopt rules and regulations concerning the following
25matters that may include:

26(1) minutes of proceedings;

27(2) rules of procedure;

28(3) records of examinations;

29(4) annual report to council;

30(5) notice of the rules and regulations and any amendments

1or repeals to the rules and regulations;

2(6) application forms;

3(7) further provisions concerning the duties of the
4chairperson and secretary;

5(8) appointment of examiners; and

6(9) other administrative matters.

7Section 423. Section 4404.1 of the act, added October 19,
82010 (P.L.533, No.77), is amended to read:

9Section 4404.1. Physical and Psychological Medical
10Examinations.--(a) [A] The board may require that an applicant
11conditionally appointed in accordance with section 4406 [of this
12act] undergo a physical or psychological medical examination as
13a condition of permanent appointment. Physical medical
14examinations, if required, shall be under the direction of a
15physician or other qualified medical professional. Psychological
16medical examinations, if required, shall be under the direction
17of a psychiatrist or psychologist.

18(b) A physician, other qualified medical professional, 
19psychiatrist or psychologist shall be appointed by council and 
20shall render an opinion as to whether the conditional appointee 
21has a physical or mental condition which calls into question the 
22individual's ability to perform all of the essential functions 
23of the position for which the individual was conditionally 
24appointed.

25(c) If the opinion rendered by the physician, other 
26qualified medical professional, psychiatrist or psychologist 
27calls into question the conditional appointee's ability to 
28perform all essential functions of a position, the director of 
29the department within which the position is to be filled shall 
30meet with the conditional appointee for the purpose of having
 

1one or more interactive discussions on whether the conditional 
2appointee can, with or without reasonable accommodation, perform 
3all the essential functions of the position.

4(d) If, at the conclusion of the interactive discussion 
5under subsection (c), the department director determines that 
6the conditional appointee is not qualified, the department 
7director shall give written notice to the conditional appointee 
8and the board.

9(e) Nothing in this act shall be construed to authorize 
10physical or psychological medical examinations prior to 
11conditional appointment in accordance with section 4406 of this 
12act.

13(f) As used in this section, the following definitions shall 
14apply:

15"Medical examination" shall mean any examination, procedure, 
16inquiry or test designed to obtain information about medical 
17history or a physical or mental condition which might disqualify 
18an applicant if it would prevent the applicant from performing, 
19with or without reasonable accommodation, all of the essential 
20functions of the position.

21"Physician" shall have the meaning given to it in 1 Pa.C.S. §
221991 (relating to definitions).

23"Qualified medical professional" shall mean an individual, in
24collaboration with or under the supervision or direction of a
25physician, as may be required by law, who is licensed:

26(1) as a physician assistant pursuant to the act of December
2720, 1985 (P.L.457, No.112), known as the "Medical Practice Act
28of 1985," or the act of October 5, 1978 (P.L.1109, No.261),
29known as the "Osteopathic Medical Practice Act"; or

30(2) as a certified registered nurse practitioner pursuant to

1the act of May 22, 1951 (P.L.317, No.69), known as "The
2Professional Nursing Law."

3Section 424. Section 4405 of the act, amended October 19,
42010 (P.L.533, No.77), is repealed:

5[Section 4405. Grading for Discharged Servicemen.--When any 
6person who was engaged in the military service of the United 
7States during any military engagement in which the United States 
8participated, and has an honorable discharge therefrom, shall 
9take any examination for appointment, the examination shall be 
10marked or graded in the same manner as provided for all other 
11examinations. When the examination of the discharged individual 
12is completed and graded, if the grade is passing, the grading or 
13percentage as the examination merits shall be increased by 
14fifteen per centum, and the total mark or grade shall represent 
15the final grade or classification of the discharged individual 
16and shall determine the individual's order of standing on the 
17eligibility list. For the purpose of this article:

18(1) "Military service" means the army, navy, marines, air
19force, coast guard, and any branch or unit thereof.

20(2) "Servicemen" means members of the military service,
21including women.

22(3) "Military engagement" includes land, naval and air
23engagements.]

24Section 425. The act is amended by adding a section to read:

25Section 4405.1. Veterans' Preference.--In accordance with 51
26Pa.C.S. Ch. 71 (relating to veterans' preference) the following
27shall apply to the appointment of a uniformed civil service
28position:

29(1) A veteran who meets the qualifications for and
30conditions of the position under uniform eligibility rules,

1which include successful passage of an examination, shall
2receive an additional ten points on the examination pursuant to
351 Pa.C.S. § 7103(a) (relating to additional points in grading
4civil service examinations).

5(2) If, after the additional ten points are granted, a
6veteran is on the list of three eligible applicants, the veteran
7shall receive a preference in hiring over nonveterans on that
8list.

9(3) The preference provided by this section shall constitute
10the only preference with regard to a uniformed civil service
11position to which a veteran is entitled under this act.

12Section 426. Section 4406 of the act, amended or added
13October 19, 2010 (P.L.533, No.77), is amended to read:

14Section 4406. Selection of Appointee from Certified List of
15Applicants.--[The boards] The following shall apply to civil 
16service selection, conditional appointments and appointments and 
17shall be incorporated by reference in the rules and regulations 
18of the board:

19(1) The civil service board shall make and keep, in
20numerical order, a list containing the names of all applicants
21for civil service positions in the city who [may] pass the
22required examinations, including any required physical fitness 
23or agility examinations that are job-related and consistent with 
24business necessity. [Where]

25(2) Physical fitness or agility examinations shall be
26conducted on a pass-fail basis.

27(3) Written and oral examinations used to establish an
28eligibility list shall offer the opportunity to achieve one
29hundred points.

30(4) If both written and oral examination methods are used in

1conjunction with each other, the board, prior to initiating
2testing, shall establish what constitutes a passing score on
3each portion of the examination. If only a written examination
4method is used, the board shall establish the passing score
5before the examination is conducted.

6(5) When more than one person takes examinations for any
7position at the same time, the names of all those successfully
8passing the examination shall be entered upon the eligibility
9list in the order of their respective [percentages] point 
10totals, the highest coming first.

11(6) The board shall furnish to council a certified copy of
12all lists so prepared and kept. [Wherever any vacancy shall
13occur in any civil service position in the city, the city
14council] Such lists shall be maintained for a period of two 
15years or until a new list is certified to council, whichever 
16occurs first and are public records.

17(7) Whenever council shall determine an initial appointment 
18is to be made to a civil service position in the city, the 
19director of the department in which the appointment is to be 
20made shall make written application to the [president of the
21proper] chair of the board, who shall forthwith certify to the
22city council, in writing, the three names on the eligibility
23list of applicants for the position having the highest
24[percentage, but if there be] number of points, unless there are
25less than three eligible names on the list, in which event the
26board shall certify the names. The director of the department in
27which the appointment is to be made shall nominate to the city
28council a person from the eligibility list submitted to fill the
29vacancy.

30(8) If the city council approves the nomination, the person

1nominated shall be conditionally appointed by council to fill 
2the vacancy, and shall be assigned for service in the
3department, subject to any required physical or psychological 
4medical examinations that may be required by the [appropriate 
5examining] board as a condition of permanent appointment in 
6accordance with section 4404.1 [of this act].

7(9)  If the council does not approve the nomination, or if 
8the appointee is determined by the medical examination process 
9to be unqualified, then the director of the department in which
10the appointment is to be made shall submit another nomination
11for the position from the remaining names, if any[, and if]. If
12the nomination is not approved by the council, or if the 
13appointee is determined by the medical examination process to be 
14unqualified, the director shall submit the third name, if any.

15(10) The person whose nomination by the director is approved
16by the city council shall be appointed to fill the [position in
17the department or as building inspector] civil service position 
18under consideration.

19(11) The name of the person so appointed shall be
20immediately stricken from the [eligibility] certified list of
21the board, and, except as otherwise provided in this clause, the
22names of the [rejected] nonappointed persons shall immediately
23be restored to their proper place on the [eligibility list:
24Provided, however, That if] certified list. If the name of any
25applicant has been submitted to the council and been rejected
26three times or the [appointee] council and the conditional 
27applicant has not been appointed for three such times or the 
28conditional applicant has been determined by the medical 
29examination process to be unqualified, then the name shall be
30stricken from the [eligibility] certified list.

1(12) Examinations for promotions for civil service positions 
2in the city shall be pursuant to section 4406.1 [of this act].

3(13) As used in this section, the term "medical examination" 
4shall have the meaning given it in section 4404.1 [of this act].

5Section 427. Section 4406.1 of the act, amended November 9,
62011 (P.L.408, No.99), is amended to read:

7Section 4406.1. Promotions.--(a) The [civil service boards
8may recommend those in the employ of a department for promotion
9if the person recommended is competent for the higher position.
10If an examination is required, the] city council shall notify
11the [applicable] civil service board of a civil service vacancy
12in the city which is to be filled by promotion and shall request
13the certification of an eligibility list as provided in this
14article. The board shall certify for each vacancy the names of
15three persons on the eligibility list who have received the
16highest average in the last preceding promotional examination
17held within the period of two years preceding the date of the
18request for the eligibility list. If three names are not
19available, the board shall certify the names remaining on the
20list. The city council shall make an appointment from the names
21certified, based solely on the merits and fitness of the
22candidates, unless the city council makes objections to the
23board regarding one or more of the persons on the eligibility
24list. The city council shall have power to determine in each
25instance whether an increase in salary shall constitute a
26promotion.

27(b) Notwithstanding subsection (a), the mayor or other
28elected or appointed official of a city that has adopted one of
29the following shall retain the power to promote a candidate
30pursuant to that law:

1(1) An optional charter pursuant to the act of July 15, 1957
2(P.L.901, No.399), known as the "Optional Third Class City
3Charter Law."

4(2) An optional plan pursuant to 53 Pa.C.S. Chs. 30
5(relating to types of optional plans of government) and 31
6(relating to general provisions common to optional plans).

7(3) Any other law authorizing or permitting the mayor or
8other elected or appointed official to promote a candidate.

9(c) The provisions of this section shall not apply to the
10mayor's designation or appointment of the chief of police
11pursuant to section 2002 or the mayor's designation or
12appointment of a fire chief pursuant to section 2101.1.

13Section 428. Section 4407 of the act is amended to read:

14Section 4407. [Tenure; Preference in Appointment to
15Discharged Serviceman; Temporary Appointments.--] Tenure; 
16Temporary Appointments.--(a) All appointments made pursuant to
17the provisions of this article shall be for and during good
18behavior, and no employe hired pursuant to the provisions of 
19this article shall be removed or transferred for any political
20reasons whatever. [Among those persons possessing qualifications
21and eligibility for appointment, preference in appointment shall
22be given to honorably discharged servicemen and their spouses
23and surviving spouses as provided by law.

24All persons holding appointments in said several departments
25or as building inspectors of said cities, at the time this act
26goes into effect, shall retain their positions without being
27required to pass examination, and be removed only in accordance
28with the provisions of this article.]

29(b) In case of riot or emergency, temporary appointments to
30positions in the civil service may be made without complying

1with the provisions of this article.

2Section 429. Section 4408 of the act, amended October 4,
31978 (P.L.950, No.188), is amended to read:

4Section 4408. [Suspension and Discharge] Suspension, 
5Discharge and Discipline; Reduction of Employes; Appeals.--(a)
6All employes subject to civil service shall be subject to
7suspension, discharge and discipline by the director of the
8department in which the employe works for misconduct[,] or
9violation of any law of this Commonwealth, [any] ordinance of
10the city, or regulation of the department.[, pending action by
11the city council upon the charges made against any of such
12employes. On hearing before the city council, where they may be
13represented by counsel, they may be fined or suspended for a
14period not exceeding thirty days with or without pay, or they
15may be discharged by city council, if found guilty of the
16charges made against them. The director of each such department
17may, for misconduct or violation as aforesaid, suspend any
18employe of such department for a period of ten days, with or
19without pay, without preferring charges and without a hearing of
20council; but no employe shall be suspended more than one time
21for the identical or same violation or act of misconduct.] If it
22should become necessary to reduce the number of employes in said
23department for purposes of economy, seniority rights shall
24prevail, and any and all removals for such cause or causes shall
25be from the members last appointed, and the member or members
26serving the shortest time shall be removed first; but members
27with longer times of service may be discharged for cause. Any 
28employe aggrieved by the suspension, discharge or discipline 
29imposed by a department director more serious than a suspension 
30of three days without pay may request a hearing before the city
 

1council, or by the civil service board if designated by 
2ordinance. At the hearing, the employe may be represented by 
3counsel.

4(a.1) Any civil service employe aggrieved by the [action]
5decision of the council [in fining, suspending or discharging
6him shall have the right to appeal by petition to the court of
7common pleas within thirty days after the suspension or after
8receipt of written notice of such action by council which it
9shall be the duty of the council to give and the court shall
10hear the charges made against him de novo] or the civil service 
11board shall have the right to appeal in accordance with 2 
12Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local 
13agency action). This review shall be exclusive. Where no such 
14appeal is taken within the time prescribed by law, the decision 
15by the city council or the civil service board shall become 
16final in accordance with the law. The issue before the court
17shall be whether the action of the council or the civil service 
18board shall be affirmed or be modified in any respect or whether
19the charges should be dismissed or whether the suspension or 
20demotion made by the director shall be affirmed or rescinded.
21Where any [such] employe has been suspended and the charges are
22dismissed or the suspension rescinded on appeal, [he] the 
23employe shall receive full compensation for the entire period of
24suspension.

25(b) In any case in which a police officer or firefighter who
26is a member of a bargaining unit is subject to suspension,
27discharge or discipline, the police officer or firefighter shall
28have the option of challenging the suspension, discharge or
29discipline imposed by using the procedures provided in
30subsection (a) or by a proceeding in grievance arbitration. A

1choice to proceed either by subsection (a) or by grievance
2arbitration shall foreclose the opportunity to proceed in the
3alternative method.

4Section 430. Sections 4409 and 4410 of the act are amended
5to read:

6Section 4409. [Secretaries of Boards; Compensation.--Each of
7said civil service boards may] Secretary; Compensation.--The 
8civil service board shall appoint a secretary and prescribe [his
9duties. He] the secretary's duties, and shall have the power to 
10change these duties. The secretary shall be subject to removal
11at any time by the board [appointing him, and such board shall
12have power to change his duties. The compensation to be paid
13said secretaries and all necessary stationery and supplies for
14said boards shall be such as council shall by ordinance direct].
15Council shall establish the compensation to be paid to the 
16secretary, and all necessary stationery and supplies for the use 
17of the board shall be supplied by the city.

18Section 4410. Review of Eligibility Lists.--The lists of
19eligible names kept by [each] the civil service board shall be
20annually examined by the board for the purpose of deleting
21therefrom persons who are permanently unavailable for or
22disqualified for the position or positions involved, either by
23death, permanent removal from the area, written desire to be
24removed therefrom, or by other permanent cause[,] in conformity
25with the board's rules and regulations adopted pursuant to
26section [four thousand four hundred four] 4404.

27Section 431. The act is amended by adding an article to
28read:

29ARTICLE XLIV-A

30VETERANS' AFFAIRS

1(a) Support of Veterans' Organizations

2Section 4401-A. Appropriation to post of veterans.

3Council may appropriate annually to organizations of veterans
4of the United States armed services or veterans' parents to aid
5in defraying the expenses of Memorial Day and Veterans Day, or
6other expenses such as payment of rent of any building or rooms
7where the organization has its regular meetings. Payments shall
8be made to defray actual expenses only. Before any payment is
9made, the organization receiving the same shall submit verified
10accounts of their expenditures.

11Section 4402-A. Rooms for meetings of veterans.

12Council may provide, upon application, to an organization
13composed of veterans of the United States armed services, a
14facility in any public building of the city, sufficient for the
15periodic meeting of each of the organizations.

16(b) Pennsylvania National Guard

17Section 4411-A. Support of Pennsylvania National Guard units.

18Council may appropriate annually a sum for the support and
19maintenance, discipline and training of any troop, company or
20similar unit of the Pennsylvania National Guard. If the units
21are organized as a battalion, regiment or similar organization,
22the total amount due may be paid to the commanding officer of
23the battalion, regiment or similar organization. Any money
24appropriated shall be paid by warrant drawn to the order of the
25commanding officer of the company, battalion, regiment or
26similar organization, only when it shall be certified to the
27city, by the Adjutant General of the Commonwealth, that the
28company has satisfactorily passed the annual inspection provided
29by law. The money appropriated shall be used and expended solely
30and exclusively for the support and maintenance, discipline and

1training of the company, battalion, regiment or similar
2organization; and the commanding officer shall account, by
3proper vouchers to the city each year, for the expenditure of
4the money appropriated. No appropriation shall be made for any
5subsequent year until the expenditure of the previous year is
6duly and satisfactorily accounted for. The accounts of the
7expenditures shall be subject to the inspection of the
8Department of Military Affairs, and shall be audited by the city
9controller in the manner provided by this act for the audit of
10accounts of city money.

11Section 4412-A. Assistance in erection of armories.

12Council may appropriate money or convey land, either
13independently or in conjunction with any other political
14subdivision, to the Commonwealth, for the purpose of assisting
15the State Armory Board in the erection of armories for the use
16of the Pennsylvania National Guard, and to furnish water, sewer
17services, light or fuel free of cost to the Commonwealth for use
18in any armory of the Pennsylvania National Guard. Council may do
19all things necessary to accomplish the purpose of this section.

20Section 4413-A. Eminent domain for National Guard purposes.

21Council may take, by right of eminent domain, for the purpose
22of appropriating to itself for the use of the Pennsylvania
23National Guard public lands, easements and public property in
24its possession or control and used or held by it for any other
25purpose. Such right, however, shall not be exercised as to any
26street or wharf.

27Section 4414-A. Lands for armory purposes.

28Council may acquire, by purchase or by gift, or by the right
29of eminent domain, any land for the use of the Pennsylvania
30National Guard and may convey lands so acquired to the

1Commonwealth in order to assist the State Armory Board in the
2erection of armories. The power conferred by this section shall
3not be exercised to take any church property, graveyard or
4cemetery. Lands within three miles outside the limits of the
5city may be acquired in like manner for the use of the
6Pennsylvania National Guard provided that if the land is
7acquired by eminent domain that the taking shall be subject to
8the limitations in 26 Pa.C.S. § 206 (relating to
9extraterritorial takings).

10(c) Burials and Memorials

11Section 4421-A. Purchase of burial grounds for deceased service
12persons.

13Council may appropriate money for and purchase plots of
14ground in any cemetery or burial ground, within its respective
15city limits, for the interment of deceased service persons who
16die within the city, or die beyond the city but have a legal
17residence within the city at the time of their deaths, and whose
18bodies are entitled to be buried by the county under the
19provisions of existing laws.

20Section 4422-A. Care of memorials.

21Council may take charge of, care for, maintain and keep in
22good order and repair, at the expense of the city, any soldier's
23monument, gun or carriage or similar memorial, situate in the
24city which is not in the charge or care of any person, body or
25organization and which is not put up or placed by the Government
26of the United States, the Commonwealth or the commissioners of
27the county or by the direction or authority of any other state.
28Council may receive from any person or organization any money or
29funds which can be used for the benefit of the memorials, and
30expend the money.

1Section 4423-A. Memorial trees.

2Council may provide for or authorize provision for memorial
3trees for residents of the city who died while in the military
4service of the United States or in consequence thereof. Council
5may make appropriations or accept contributions for this
6purpose. Such trees shall bear some permanent indication of
7their purpose.

8Section 4424-A. Penalty for injury to memorial trees.

9Any person willfully, maliciously or negligently destroying
10or injuring any trees planted pursuant to the provisions of
11section 4423-A commits a misdemeanor and shall, upon conviction,
12be liable to a fine not exceeding $500, or imprisonment not
13exceeding three months, or both, in the discretion of the court.

14Section 432. Article XLV heading and sections 4501, 4502,
154503, 4504 and 4505 of the act are repealed:

16[ARTICLE XLV

17CHARITIES AND WELFARE

18Section 4501. Creation of Department of Charity.--Council,
19by ordinance, may create a bureau for the purpose of
20administering charity and for support of the poor, create any
21office which may be deemed necessary for the proper government,
22support, and management of said bureau, and regulate and
23prescribe the powers, duties, and compensation of all such
24officers. Such bureau shall have the care, management,
25administration, and supervision of the charities, almshouses,
26poorhouses, and the relief of the poor of the city, subject,
27however, to the control of the council.

28Section 4502. Power to Levy Special Tax.--Council may levy a
29tax annually, not exceeding ten mills on the dollar, on all
30persons and property taxable by the city for city purposes, for

1the support of said bureau.

2Section 4503. Hospitals; Appropriations; Free Treatment for
3Poor.--Any city may acquire, by gift, devise, or bequest, lands,
4chattels, securities and funds for the establishment and
5maintenance of a hospital, for the purposes of caring for the
6sick and injured residents of such city and the vicinity
7thereof, and, for such purposes, to appropriate and expend money
8of the city: Provided, That the poor residents of such city
9shall receive free treatment to the extent that it is possible
10to provide for same with the means available. Such hospital, or
11any ward therein, may be named in accord with the wishes of any
12person making a substantial donation thereto by will or
13otherwise.

14Section 4504. Appointment of Trustees for Gifts; Powers.--
15Such gifts, devises, bequests and appropriated funds shall be
16under the supervision of a board of trustees, to be appointed by
17council, consisting of at least nine trustees, three of whom
18shall be members of council, three of whom shall be licensed and
19practicing physicians in such city and the vicinity thereof, and
20the remainder of which board shall consist of residents of such
21city and vicinity thereof. Said appointments shall at all times
22be made subject to the approval of the orphans' court of the
23county in which said city is situated. Said board of trustees
24shall at all times be subject to the resolutions of council and
25the jurisdiction of said court, which shall have power to remove
26any of them upon petition of such city. Any vacancy in such
27board may be filled by a new appointment in manner aforesaid.
28Said board of trustees shall make reasonable rules for the
29management of such hospital, and appoint and remove the
30physicians, surgeons, nurses, and other employes necessary for

1the conduct thereof.

2Section 4505. Appropriations or Other Assistance for
3Hospitals.--Council may make appropriations for the support or
4assistance of hospitals within or near the city or, in lieu
5thereof, council may provide for services to such hospitals at
6the city's expense and with materials or equipment of the city.]

7Section 433. The act is amended by adding an article to
8read:

9ARTICLE XLV-A

10ASSESSMENTS FOR PUBLIC IMPROVEMENTS

11Section 4501-A. Authority to assess.

12(a) Authority.--In cases in which one or more properties are
13benefited from a public improvement, unless otherwise provided
14for in this act, a city shall be authorized to assess, as
15provided in this article, all or any portion of the costs of the
16public improvement, including any related administrative fees,
17against those properties that are benefited by the public
18improvement.

19(b) Payment of costs.--Unless otherwise provided in this
20act, in addition to the authority to assess the cost of public
21improvements against properties benefited, a city shall have the
22power to pay for the cost of public improvements, in whole or in
23part, from general city funds or, if authorized, from a special
24city fund dedicated to that purpose.

25(c) Indebtedness.--If a city incurs indebtedness pursuant to
2653 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
27borrowing) for the purposes of funding the cost and expense of
28making public improvements for which assessments can be made in
29accordance with this article, and assessments are made, payments
30made on the assessments must be applied to pay the debt service

1for the indebtedness incurred for funding the cost and expense
2of making the public improvements.

3(d) Definition.--As used in this article, unless the context
4clearly indicates otherwise, the term "public improvement" may
5include, but shall not be limited to, the building, paving,
6grading, rebuilding, repaving and regrading of streets,
7sidewalks, curbs and gutters; the creation, extension and
8renovation of water and sewerage collection, transmission,
9treatment and disposal systems; the creation, extension and
10renovation of storm, surface and subsurface drainage systems;
11the construction, reconstruction and repair of wharves and
12docks; the installation of pipes, wires and conduits relating to
13city-supplied utility services; the installation, maintenance or
14operation of <-ornamental street lighting <-that services the
15streets and sidewalks within the city; or the planting,
16maintaining, trimming, transplanting, removal and protection of
17shade trees.

18Section 4502-A. Method of assessment.

19(a) Ordinance.--In any case in which council elects to
20exercise the power to make assessments for a given public
21improvement as authorized in section 4501-A, it shall, by
22ordinance and in conformity with this article, establish the
23method and procedure pursuant to which assessments shall be
24made.

25(b) Allocation of costs and expenses.--Council may, by
26ordinance, determine to make the assessment by any means that
27results in fairly allocating all or a portion of the costs and
28expenses of the public improvement among all properties
29benefited thereby in reasonable proportion to the benefits
30conferred upon each property. The methods that may be used to

1make assessments in accordance with this subsection may include,
2but shall not be limited to, an equal assessment per front foot,
3lot, parcel, dwelling unit or square foot or by an assessment
4made by viewers.

5(c) Front foot method.--If the front foot method is used:

6(1) The cost to be collected shall be divided by the
7total number of linear feet of street frontage of all
8properties benefited.

9(2) The assessment against each property shall be that
10portion of the cost which is determined by multiplying the
11dividend under paragraph (1) by the number of linear feet for
12street frontage of that property.

13(3) Council shall have the power and its duty shall be,
14in the case of corner or irregularly shaped lots or where
15special conditions exist, to provide for an equitable
16adjustment, as necessary, to prevent an unjust or excessive
17assessment.

18(d) Assessment based on report of viewers.--In order to pay
19for all or a portion of the cost or expenses of a public
20improvement, council may determine to assess properties
21benefited based upon a report of viewers. Three disinterested
22persons shall be appointed by council as viewers. A majority of
23the viewers shall assess the cost against each property
24benefited in reasonable proportion to the benefits conferred
25upon each property. The viewers, or a majority of them, shall
26make a report in writing which shall specify the amount assessed
27upon each property and shall present the report directly to
28council or file it with the city clerk, as council directs.

29Section 4503-A. Notice of assessment.

30(a) Personal notice.--After the amounts to be assessed

1against the properties to be benefited by the public improvement
2have been calculated pursuant to the method and procedures as
3prescribed by ordinance, the city shall give personal notice of
4the assessment to the owner of each property that is being
5assessed. The notice shall also state that the owner has 30 days
6from receipt of the notice to appeal the assessment.

7(b) Assessment effective.--An assessment made pursuant to
8this article shall become effective 30 days after personal
9notice is given by any of the following means:

10(1) Personal service on the owner.

11(2) Certified mail, addressee only, return receipt
12requested, to the owner at the owner's last known address.

13(3) Posting notice at or upon the property, after
14reasonable attempts to give personal notice pursuant to
15paragraphs (1) and (2) have failed.

16Section 4504-A. Appeals to court.

17Within 30 days after receipt of the notice of assessment, an
18owner of property shall have the right to appeal the assessment
19to the court of common pleas in the county in which the assessed
20property is located. On appeal, unless the court finds fraud,
21mistake or illegality, the court shall be restricted to
22determining the questions of whether the property assessed
23received any special benefits from the improvement and whether
24the assessment made exceeds the special benefits received.

25Section 4505-A. Benefits and damages.

26In any proceeding in which damages to property are being
27sought as a result of a public improvement for which an
28assessment of benefits has been made, the excess of damages over
29benefits, or the excess of benefits over damages, or nothing in
30case the benefits and damages are equal, shall be awarded to or

1assessed against the owner of land and property affected by the
2public improvement.

3Section 4506-A. Return by city of assessments paid on property
4unlawfully assessed.

5The following shall apply with regard to the return of
6payments made on an unlawful assessment:

7(1) If, after a timely appeal, a court makes a final
8determination that a property was unlawfully assessed or that
9the amount assessed exceeded, to a substantial amount, the
10benefits received by the property assessed from the public
11improvement, a city that received money in payment of the
12assessment shall repay the money in an amount as ordered by
13the court.

14(2) Within two years of receiving payment of an
15assessment, the city may repay such money voluntarily if the
16city determines that the assessment or part thereof was made
17erroneously.

18(3) Repayments to property owners pursuant to paragraph
19(1) or (2) shall include interest from the date of payment of
20the unlawful or erroneous assessment at the rate of interest
21that is provided for in 53 Pa.C.S. § 8426 (relating to
22interest on overpayment).

23Section 4507-A. Payment of assessments in installments.

24(a) Authorization.--An ordinance providing for a public
25improvement the expense of which is to be defrayed by an
26assessment against properties benefited by the public
27improvement may authorize the payment of the assessments in
28installments. The ordinance shall set a time when the
29installment payments shall commence and shall specify the length
30of time over which the installments may be extended and whether

1payments are to be made by equal annual or more frequent
2installments. The period during which installments may be paid
3shall not exceed the lesser of ten years or the number of years
4equal to the period of maturity of the bonds issued to fund the
5public improvement.

6(b) Interest rate.--The ordinance shall set forth the rate
7of interest for the installments, which shall not be more than
810% per year unless a bond is issued for the improvement, in
9which case the maximum interest rate on the installment payments
10shall be pursuant to section 9 of the Municipal Claim and Tax
11Lien Law.

12(c) Written agreement.--The city shall enter into a written
13installment agreement with each property owner that will pay the
14assessment in installments, subject to the requirements of the
15ordinance pertaining to such agreements and this article.

16(d) Installments not paid.--If any of the installments shall
17remain unpaid for 60 days after the same has become due and
18payable, the entire unpaid assessment plus unpaid accrued
19interest and any costs shall be due and payable and the city may
20proceed to collect them by filing a lien in the same manner as
21municipal claims are filed or by action in assumpsit.

22(e) Advance payments.--Any property owner upon whom an
23assessment has been made may pay all or as many of the
24installments before they are due, with interest and costs to the
25due date of the next installment.

26Section 4508-A. Collection of assessments.

27(a) Authority.--Council shall have the power to authorize
28the city treasurer or other city official to collect
29assessments.

30(b) Procedure.--The following shall apply to the collection

1of assessments:

2(1) A city may collect an assessment that remains unpaid
3for 60 days after personal notice was given pursuant to
4section 4503-A, unless an installment agreement has been
5entered into pursuant to section 4507-A.

6(2) An assessment made pursuant to this article may be
7collected in the same manner as municipal claims in the
8Municipal Claim and Tax Lien Law or by an action of assumpsit
9against the owner of the property benefited.

10(3) Interest on an unpaid assessment shall begin to
11accrue from the time of completion of the improvement at a
12rate of 10% per year unless a bond is issued for the
13improvement, in which case the maximum interest rate shall be
14pursuant to section 9 of the Municipal Claim and Tax Lien
15Law.

16(4) If a property owner has two or more lots against
17which there is an assessment for the same improvement, all of
18the lots may be embraced in one claim.

19(5) Assessments, whether paid one time or by
20installments, shall be payable at the office of the city
21treasurer or any other place designated by ordinance.

22Section 434. Article XLVI heading of the act is reenacted to
23read:

24ARTICLE XLVI

25COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND

26COMPROMISE OF CLAIMS

27Section 435. Section 4601 of the act, amended July 25, 1963
28(P.L.283, No.153), is amended to read:

29Section 4601. Collection of Municipal Claims by Suit.--In
30addition to the remedies provided by this act or any other law

1for the filing of liens for the collection of municipal claims,
2including, but not limited to, water rates, sewer rates and the 
3removal of nuisances, all cities may proceed for the recovery
4and collection of municipal claims by action of assumpsit
5against the person or persons who were the owner or owners of
6the property at the time of the completion of the improvement, 
7or at the time the water or sewer rates or the cost of the 
8removal of nuisances first became payable, notwithstanding the
9fact that there was a failure on the part of [any such] the
10city, or its agents, to enter [any such] the municipal claim as
11a lien against the property assessed for the improvement or for 
12the furnishing of water or sewer services or for the removal of 
13nuisances, and for the recovery of which the action of assumpsit
14was brought. [Any such] The action in assumpsit shall be
15commenced either within six years after the completion of the
16improvement from which [said] the claim arises or within six 
17years after the water or sewer rates or the cost of abating a 
18nuisance first became payable.

19This section shall extend to all municipal claims [where the
20improvement was] for improvements heretofore made, where the
21action of assumpsit has been instituted under the provisions of
22prior acts of Assembly, and where the claim was not barred by
23the statute of limitations affecting actions of assumpsit.

24Section 436. Section 4602 of the act is amended to read:

25Section 4602. Compromise of Municipal Claims[; Court
26Approval.--Whenever].--(a) If any city has any municipal claim
27entered in the office of the prothonotary as a lien against real
28estate, [which said] and if the claim has existed for ten years
29or more, council may[, with the approval of the court of common
30pleas,] agree with the owner of [such] the real estate to

1accept, in compromise or reduction of the amount of the claim
2and the interest charges, expenses and fees added thereto and
3due thereon, any sum less than the whole of such amount so due.

4(b) Upon receipt of the compromise amount as agreed upon,
5the city shall cause the lien to be properly satisfied on the
6record, which satisfaction shall be as effective as if the whole
7amount of the claim, interest, charges, expenses and fees had
8been paid, and the claim shall no longer be a lien against the
9real estate or a claim against the owner thereof.

10(c) The provisions of this section permitting compromise of
11municipal claims 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 the contractor under terms of the contract for the
18improvement for which the assessment was levied.

19Section 437. Sections 4603 and 4604 of the act are repealed:

20[Section 4603. Satisfaction.--Upon receipt of the compromise
21amount so agreed upon and approved, the city shall cause the
22lien to be properly satisfied on the record, which satisfaction
23shall be as effective as if the whole amount of the claim,
24interest, charges, expenses and fees had been paid, and such
25claim shall no longer be a lien against the real estate or a
26claim against the said owner thereof.

27Section 4604. Certain Claims Excluded.--The provisions of
28sections four thousand six hundred two and four thousand six
29hundred three shall not apply to or in any manner affect any
30claims, the assessments for which are the sole basis of

1improvement bonds issued by any political subdivision and which
2are the security for the payment thereof, or any claims, the
3assessments for which have heretofore been assigned by any
4political subdivision to any contractor in payment of the amount
5due him under terms of the contract for the improvement for
6which the assessment was levied.]

7Section 438. Article XLVII heading of the act is reenacted
8to read:

9ARTICLE XLVII

10ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

11Section 439. Section 4701 of the act is amended to read:

12Section 4701. Repeals and Saving Clause.--(a) Nothing 
13contained in this act revives any act, or part of any act, 
14repealed by the act reenacted, amended or revised by this act.

15(b) The following acts and parts of acts of Assembly are
16hereby repealed as particularly set forth:

17The act, approved the twenty-fifth day of March, one thousand
18eight hundred seventy-eight (Pamphlet Laws 8), entitled "An act
19authorizing cities of the third class to levy and collect taxes
20for park purposes, and curing any defects in previous levies,"
21absolutely.

22The act, approved the thirty-first day of May, one thousand
23nine hundred nineteen (Pamphlet Laws 358, Number 172), "An act
24to amend section three, article five of the act, approved the
25twenty-seventh day of June, one thousand nine hundred thirteen
26(Pamphlet Laws 568), entitled 'An act providing for the
27incorporation, regulation, and government of cities of the third
28class; regulating nomination and election of municipal officers
29therein; and repealing, consolidating, and extending existing
30laws in relation thereto,' by adding thereto clause forty-nine

1relative to the collection and disposal of garbage, ashes, and
2other waste and refuse matter," absolutely.

3The act, approved the fourth day of June, one thousand nine
4hundred nineteen (Pamphlet Laws 373), entitled "An act to amend
5section three, article five of the act, approved the twenty-
6seventh day of June, one thousand nine hundred thirteen
7(Pamphlet Laws, five hundred and sixty-eight), entitled 'An act
8providing for the incorporation, regulation, and government of
9cities of the third class; regulating nomination and election of
10municipal officers therein; and repealing, consolidating, and
11extending existing laws in relation thereto,' by adding thereto
12clause forty-nine, relative to appropriations for municipal
13music," absolutely.

14The act, approved the tenth day of March, one thousand nine
15hundred twenty-one (Pamphlet Laws 29, Number 10), entitled "An
16act for the relief of certain county treasurers and county tax
17collectors, in the settlement of county, poor, and State taxes,
18in cities of the third class," absolutely.

19The act, approved the twenty-second day of April, one
20thousand nine hundred twenty-seven (Pamphlet Laws 358), entitled
21"An act authorizing and empowering cities of the third class to
22recognize the moral obligation of the city to pay just claims
23against the city, although under existing laws no legal recovery
24could be had against the city," absolutely.

25Section seven hundred twenty-three of the act, approved the
26first day of May, one thousand nine hundred twenty-nine
27(Pamphlet Laws 905), entitled "An act for the protection of the
28public safety; regulating the use of highways, and the operation
29of vehicles, tractors, street cars, trackless trolley omnibuses,
30bicycles, pedestrians, and the riding of animals upon the

1highways of this Commonwealth; providing for the titling,
2including liens, encumbrances, and legal claims; registration of
3certain vehicles and licensing the operators thereof, upon
4payment of prescribed fees; prescribing and limiting the powers
5of local authorities to deal with the subject matter of this
6act; conferring powers and imposing duties upon the Department
7of Revenue, the Department of Highways, peace officers, mayors,
8burgesses, magistrates, aldermen, justices of the peace, the
9courts and the clerks thereof, owners of vehicles, and garage
10keepers; providing that records are admissible as evidence;
11imposing upon owners, counties, cities, boroughs, incorporated
12towns, townships, within the Commonwealth, liability for damages
13caused by the negligent operation of their motor vehicles;
14imposing penalties; imposing certain costs upon counties;
15providing for the disposition of fines, forfeitures, fees, and
16miscellaneous receipts; making an appropriation and providing
17for refunds," in so far as inconsistent with the provisions of
18this act.

19The act, approved the seventeenth day of May, one thousand
20nine hundred twenty-nine (Pamphlet Laws 1801), entitled "An act
21authorizing cities of the third class to provide, by ordinance,
22for the payment for public work or improvements heretofore made
23for or furnished to the city, and accepted and used by the city,
24where no legal or valid contract was entered into as required by
25law," absolutely.

26The act, approved the twenty-second day of May, one thousand
27nine hundred thirty-three (Pamphlet Laws 923), entitled "An act
28to authorize cities of the third class to sue out writs of scire
29facias on certain municipal claims, where more than five years
30have elapsed since said claims were filed, and to reduce such

1claims to judgment; and providing for the revival and collection
2of such judgments," absolutely.

3The act, approved the thirty-first day of May, one thousand
4nine hundred thirty-three (Pamphlet Laws 1108, Number 272),
5entitled "An act providing for the appointment, promotion,
6reduction, removal and reinstatement of paid officers, firemen
7and employes of fire departments and of fire alarm operators and
8fire box inspectors in the bureaus of electricity in cities of
9the third class; defining the powers and duties of civil service
10commissions for such purposes; and fixing penalties,"
11absolutely.

12The act, approved the sixteenth day of May, one thousand nine
13hundred thirty-five (Pamphlet Laws 176, Number 82), entitled "An
14act requiring cities of the second and third class to allow
15members of the police departments, twenty-four consecutive hours
16of rest each week, and fourteen days vacation each year, except
17in emergency cases," so far as it relates to cities of the third
18class.

19The act, approved the first day of May, one thousand nine
20hundred thirty-nine (Pamphlet Laws 40), entitled "An act to
21amend the title and the act, approved the sixteenth day of May,
22one thousand nine hundred thirty-five (Pamphlet Laws, one
23hundred seventy-six), entitled 'An act requiring cities of the
24second and third class to allow members of the police
25departments, twenty-four consecutive hours of rest each week,
26and fourteen days vacation each year, except in emergency
27cases,' extending the provisions of said act to cities of the
28second class A," so far as it relates to cities of the third
29class.

30Sections six hundred eighty-two and six hundred ninety of the

1act, approved the twenty-fourth day of June, one thousand nine
2hundred thirty-nine (Pamphlet Laws 872), entitled "An act to
3consolidate, amend and revise the penal laws of the
4Commonwealth," so far as they relate to cities of the third
5class and are inconsistent with the provisions of this act.

6The act, approved the twenty-third day of May, one thousand
7nine hundred forty-five (Pamphlet Laws 907), entitled "An act
8authorizing cities of the third class, with the approval of the
9court of common pleas, to accept less than the full amount of
10certain municipal claims filed as a lien against real estate in
11compromise settlements thereof," absolutely.

12The act, approved the second day of May, one thousand nine
13hundred forty-seven (Pamphlet Laws 149), entitled "An act
14authorizing cities to enact ordinances prohibiting smoking or
15the carrying of lighted cigarettes, cigars, pipes or matches or
16using matches or other fire producing devices in certain retail
17stores within such cities and to provide penalties therefor," so
18far as it relates to cities of the third class.

19(c) All other acts or parts of acts of Assembly supplied by
20or inconsistent with the provisions of this act are hereby
21repealed. It is the intention that this act shall furnish a
22complete and exclusive system for the government and regulation
23of cities of the third class, except as to the several matters
24enumerated in section [one hundred and three of this act] 103.

25[But nothing] (d) Nothing contained in this act shall be
26construed to repeal any local or special laws; or to repeal the
27provisions of 66 Pa.C.S. Pt. I, known as the Public Utility
28[Law] Code; or any law relating to the Board of Commissioners of
29Navigation for the River Delaware and its navigable tributaries;
30or the provisions of any law, the enforcement of which is vested

1in the Department of Health or the [Sanitary Water Board]
2Department of Environmental Protection; or the provisions of any
3law, the enforcement of which is vested in the Department of
4[Forests and Waters] Conservation and Natural Resources [or the
5Water and Power Resources Board]; or the provisions of 74
6Pa.C.S. Ch. 59, Subch. B, known as the Airport Zoning Act; [or
7any of the provisions of the act, approved the thirty-first day
8of May, one thousand nine hundred thirty-three (Pamphlet Laws
91108); or any of the provisions of the act, approved the
10thirteenth day of May, one thousand nine hundred thirty-seven
11(Pamphlet Laws 620); or any of the provisions of the act,
12approved the second day of July, one thousand nine hundred
13thirty-seven (Pamphlet Laws 2803),]; or any of the provisions of
14the act, approved [the twenty-third day of May, one thousand
15nine hundred forty-five (Pamphlet Laws 903)] May 23, 1945
16(P.L.903, No.362); or any amendments or supplements of them; or
17any laws or parts of laws pertaining to civil defense.

18(e) Nothing in this act shall be construed to repeal any
19provision in or the act of February 14, 2008 (P.L.6, No.3),
20known as the "Right-to-Know Law," any provision of 45 Pa.C.S.
21(relating to legal notices) or any provision of 65 Pa.C.S.
22(relating to public officers).

23Section 440. Termination and continuation of civil service
24boards. Civil service boards shall be terminated and continued
25as follows:

26(1) All civil service boards created prior to the
27effective date of this section, and pursuant to the act,
28whether for uniformed or nonuniformed employees, or pursuant
29to the act of May 31, 1933 (P.L.1108, No.272) entitled "An
30act validating sheriff's sales of real estate on judgments of

1foreclosure in scire facias sur mortgage cases when the
2release of the mortgagor from liability was not filed with
3the praecipe," shall be abolished except as provided in
4paragraph (2).

5(2) No civil service board before which proceedings
6under section 4408 of the act or under section 10 of the act
7of May 31, 1933 (P.L.1108, No.272), have been initiated or
8are pending as of the effective date of this section may be
9abolished until the conclusion of those proceedings before
10the respective board.

11(3) Any civil service proceedings initiated after the
12effective date of this section shall be before the new civil
13service board created in accordance with Article XLIV of the
14act.

15Section 441. Base amount adjustment.

16The term "base amount" as used in sections 1901.1, 1901.2,
171901.4, 1902 and 1909 of the act refers to the base amount as
18adjusted by the Department of Labor and Industry and reported in
<-1942 Pa.B. 7616 for use in 2013 <-the Pennsylvania Bulletin for use 
20in the year of the effective date of this act.

21Section 442. This act shall take effect in 60 days.