THIRD CLASS CITY CODE - REENACTMENT AND AMENDMENT OF ACT
	Act of Mar. 19, 2014, P.L. 52, No. 22	Cl. 11

Session of 2014

No. 2014-22

 

SB 497

 

AN ACT

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

TABLE OF CONTENTS

 

ARTICLE I

PRELIMINARY PROVISIONS

 

Section 101.  Short Title.

Section 102.  Definitions.

Section 103.  Excluded Provisions.

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

Section 105.  Constitutional Construction.

Section 106.  Construction of References.

Section 107.  Cities to Which Act Applies.

Section 108.  Effective Date.

Section 109.  Publication of Notices.

 

ARTICLE II

PROCEDURES FOR INCORPORATION

 

Section 200.  Definitions.

Section 201.  Creation of Cities.

Section 203.1. Incorporating Resolution.

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

Section 204.1. Notice of Election.

Section 205.  Returns of Election.

Section 206.  Effect of Vote Against Incorporating as City.

Section 207.  Governor to Issue Letters Patent; Boundaries.

Section 208.  Property of Entities Vested in City.

Section 209.  Existing Governments Temporarily Preserved; City Organization.

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

 

ARTICLE III

CHANGE OF CORPORATE TITLE

 

Section 301.  Resolution and Petition to Change Corporate Title.

Section 302.  Hearing; Decree.

Section 303.  Recording Decree.

Section 304.  Existing Rights and Liabilities Preserved.

 

ARTICLE IV

CREATION AND DIVISION OF WARDS

 

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

Section 401.1. Petition of Registered Voters.

Section 402.  (Reserved).

Section 403.  Appointment of Commission.

Section 403.1. Expenses of Commissioners.

Section 403.2. Report.

Section 404.  Election.

Section 405.  Notice of Election; Review of Report.

Section 406.  Election Laws to Apply.

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

Section 408.  Change of Ward Lines by Council.

Section 409.  Pennsylvania Election Code.

 

ARTICLE VI

CITY BOUNDARIES

 

Section 601.  Navigable Stream Boundaries.

Section 602.  Court to Establish Disputed Boundaries.

Section 603.  Petition to Court; Commissioners; Report.

Section 604.  Exceptions and Procedure.

Section 605.  Pay and Expenses of Commissioners.

Section 606.  Boundary Monuments.

 

ARTICLE VII

ELECTED OFFICERS AND ELECTIONS

 

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

Section 702.  First Elections in Newly Created Cities.

Section 703.  Nominations and Elections.

Section 704.  Certificates of Election.

 

ARTICLE VIII

VACANCIES IN OFFICE

 

Section 801.  Vacancies in Council and Office of Mayor.

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

 

ARTICLE IX

GENERAL PROVISIONS RELATING TO CITY

OFFICERS AND EMPLOYES

 

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

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

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

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

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

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

Section 907.  Surety Bonds; Insurance; Premiums.

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

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

Section 916.  Pennsylvania Municipal League and Other Municipal Affairs Organizations.

Section 917.  Powers of Subpoena; Compelling Testimony.

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

 

ARTICLE X

THE COUNCIL

 

(a)  General Provisions

 

Section 1001.  Qualifications of Council Members.

Section 1002.  Vesting of Legislative Power.

Section 1003.  Organization of Council.

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

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

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

Section 1016.  Salaries.

Section 1016.1. Appointment of City Clerk.

 

(a.1)  Ordinances

 

Section 1018.1. Ordinances and resolutions.

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

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

Section 1018.4. Signing and attesting ordinances.

Section 1018.5. Proposed ordinances; titles.

Section 1018.6. Reading of proposed ordinances; final enactment.

Section 1018.7. Payments not authorized by law.

Section 1018.8. Time of taking effect of ordinances.

Section 1018.9. Publication of proposed ordinances.

Section 1018.10. Filing of proposed ordinances.

Section 1018.11. Records of ordinances maintained by city clerk.

Section 1018.12. Proof and evidence.

Section 1018.13. Standard or nationally recognized codes.

Section 1018.14. Maps, plans or drawings.

Section 1018.15. Codification of ordinances.

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

Section 1018.17. Penalty.

 

(b)  Initiating Ordinances by Electors

 

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

Section 1031.  Petition; Notice.

Section 1032.  Signing; Oath.

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

Section 1034.  Submission to Council.

Section 1035.  Actions by Council; Notices.

Section 1036.  Form of Ballot on Submission to Vote.

Section 1037.  Effect of Majority Vote.

Section 1038.  No Repeal Within Two Years.

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

Section 1040.  Submission for Repeal by Council.

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

 

(c)  Reconsidering Ordinances by Electors

 

Section 1050.  Time Ordinances Go Into Effect.

Section 1051.  Petition; Reconsideration of Ordinance.

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

Section 1053.  Additional Petitions.

Section 1054.  Signatures; Oath; Time of Signing.

Section 1055.  Presentation of Petition to Council.

Section 1056.  Ascertainment of Number of Signers; Report.

Section 1059.  Effect of Petition; Submission to Voters.

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

Section 1061.  Form of Ballot or Ballot Label.

Section 1062.  Computing and Filing Returns.

Section 1063.  Effect of the Vote.

Section 1064.  Publication of Ordinance Before Election.

 

ARTICLE XI

THE EXECUTIVE DEPARTMENT

 

Section 1101.  Executive Departments.

Section 1102.  Determination of Powers and Duties of Departments.

Section 1103.  Designation of Department Directors; Changes.

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

Section 1105.  Quarterly Reports from Directors of Departments.

 

ARTICLE XII

THE MAYOR

 

Section 1201.  Qualifications.

Section 1202.  Chief Executive; Inauguration.

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

Section 1204.  Official Seal of Mayor.

Section 1205.  Supervision of Conduct of City Officers.

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

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

Section 1208.  Salary.

Section 1209.  Acting Mayor; Powers and Duties.

 

ARTICLE XII-A

CITY ADMINISTRATOR OR MANAGER

 

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

Section 1202-A.  Appointment; selection; removal.

Section 1203-A.  Employment agreement.

Section 1204-A.  Residency and elective city office.

Section 1205-A.  Powers and duties.

 

ARTICLE XIV

THE CITY TREASURER

 

Section 1401.  Qualifications.

Section 1402.  Bond; Insurance; Salary.

Section 1402.1. City Treasurer to be Tax Collector.

Section 1402.2. Date of Delivery of Duplicate; Collection.

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

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

Section 1404.  Method of Keeping Accounts.

Section 1405.  Moneys Appropriated Only to be Paid Out.

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

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

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

 

ARTICLE XV

THE CITY ENGINEER

 

Section 1501.  Appointment of City Engineer.

Section 1502.  Control of Engineering Matters.

Section 1503.  Duties.

Section 1504.  Certifying Commencement and Completion of Municipal Improvements.

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

 

ARTICLE XVI

THE CITY SOLICITOR

 

Section 1601.  Appointment of City Solicitor.

Section 1602.  Direction of Legal Matters.

Section 1603.  Duties.

Section 1604.  Written Opinions to be Furnished.

Section 1607.  Satisfaction of Liens Due City.

Section 1609.  Assistant Solicitor.

Section 1610.  Special Counsel.

 

ARTICLE XVII

THE CITY CONTROLLER

AND INDEPENDENT AUDITOR

 

(a)  City Controller

 

Section 1701.  Qualifications; Bond; Compensation.

Section 1704.  Powers and Duties.

Section 1704.1. Deputy Controller; Employes.

Section 1704.2. Temporary Deputy Controller.

Section 1704.3. Continuation of Office.

 

(b)  Independent Auditor

 

Section 1704.11. Appointment of Independent Auditor.

Section 1704.12. Powers and Duties of Independent Auditor.

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

 

ARTICLE XVIII

ACCOUNTS AND FINANCES

 

Section 1801.  Fiscal Year.

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

Section 1803.  Deputy.

Section 1804.  Regulations Concerning Appropriation.

Section 1804.1. Investment of City Funds.

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

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

Section 1807.  Supervision of Accounts of Departments.

Section 1808.  Suggestions for Improvement of City Finances.

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

Section 1810.  Amending Budget; Notice.

Section 1811.  Appropriations; Tax Rate; Limitations.

Section 1811.2. Borrowing in Anticipation of Current Revenue.

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

Section 1813.  Committee to Prepare Uniform Forms.

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

 

ARTICLE XIX

CONTRACTS

 

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

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

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

Section 1901.3. Determining Amount of Contract.

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

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

Section 1901.6. Bid, Performance and Payment Security.

Section 1901.7. Compliance With Other Laws.

Section 1901.8. Prohibitions.

Section 1901.9. Lowest Responsible Bidder.

Section 1902.  Evasion of Advertising Requirements.

Section 1903.1. Adjustments to Base Amount Based on Consumer Price Index for All Urban Consumers.

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

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

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

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

Section 1911.  Contracts for Improvements; Assignment of Assessments.

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

Section 1916.  Contracts with Passenger or Transportation Companies.

 

ARTICLE XX

POLICE FORCE

 

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

Section 2002.  Designation of Chief.

Section 2003.  Extra Police Officers; Compensation.

Section 2005.  Powers of Police Officers to Arrest.

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

Section 2007.  Supervision by Mayor.

Section 2008.  Extra Compensation Prohibited; Exception; Penalty.

Section 2009.  Compensation or Insurance for Volunteer Police Officer.

Section 2010.  School Crossing Guards.

 

ARTICLE XXI

FIRE BUREAU

 

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

Section 2101.1. Appointment and Demotion of Fire Chief.

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

Section 2103.  Platoon System; Hours of Service.

Section 2104.  Fire Marshal; Powers.

Section 2105.  Obstructing Fire Marshal; Fine.

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

Section 2107.  Fire Chief Ex-officio Fire Marshal.

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

Section 2109.  Salary of Nonunion City Fire Officers.

 

ARTICLE XXII

SURVEYS AND SURFACE SUPPORT

IN COAL MINING AREAS

 

Section 2203.  Survey of Mines.

Section 2204.  Operators to Furnish Maps; Contents.

Section 2205.  Extensions to be Placed on Maps.

Section 2206.  Certain Surface Supports Not to be Removed.

Section 2207.  Penalty for Surface Support Violations.

Section 2209.  Enactment of Ordinances.

 

ARTICLE XXIII

PUBLIC HEALTH

 

(a)  Board of Health

 

Section 2301.  Board of Health.

Section 2302.  Members of Appointed Boards of Health.

Section 2303.  Oath of Office; Organization; Secretary.

Section 2304.  Duties of Secretary.

Section 2305.  Health Officer; Qualifications; Oath.

Section 2306.  Duties of Health Officer.

Section 2307.  Duties of Board of Health.

Section 2308.  Powers of Board of Health.

Section 2309.  Effect of Rules and Regulations.

Section 2310.  Fees and Penalties.

Section 2311.  Proceedings of Board to be Public.

 

(b)  Public Nuisances Detrimental

to Public Health

 

Section 2320.  Determination of Public Nuisances.

Section 2321.  Abatement of Public Nuisances by Designated Department.

 

(c)  Corporations Acting as Boards of Health

 

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

Section 2332.  Power of Board.

Section 2333.  Health Officer.

Section 2334.  Secretary.

Section 2335.  Filling of Vacancies.

Section 2337.  No Compensation for Members.

Section 2338.  Applicability of Subdivision.

 

(d)  Penalty

 

Section 2340.  Penalty.

 

ARTICLE XXIV

CORPORATE POWERS

 

Section 2402.  Powers of Cities.

Section 2402.1. City Property and Affairs.

Section 2403.  Payment of Debts and Expenses.

Section 2404.  Creation of Capital and Operating Reserve Funds.

Section 2405.  Hiring of Employes; Salaries.

Section 2406.  Creation of Necessary Offices or Boards.

Section 2407.  Lockups.

Section 2408.  Market Places.

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

Section 2410.  Regulation of Pets and Feral Animals.

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

Section 2412.  Fireworks and Inflammable Articles.

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

Section 2414.  Nuisances.

Section 2415.  Regulation of Encroachments.

Section 2416.  Shade Trees.

Section 2417.  Numbering of Buildings.

Section 2418.  Transportation Stands.

Section 2419.  Police Force.

Section 2420.  Police Regulations.

Section 2421.  Rewards.

Section 2422.  Prevent Riots.

Section 2423.  Regulate Discharge of Guns and Deadly Weapons.

Section 2424.  Racing; Dangerous Practices; Et Cetera.

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

Section 2426.  Musical Entertainment.

Section 2427.  Aid to Historical Societies.

Section 2428.  Establishment of Institutions to Collect Educational Collections.

Section 2429.  Ambulances and Rescue and Lifesaving Services.

Section 2430.  Insurance.

Section 2431.  Parking Lots.

Section 2432.  Disorderly Conduct.

Section 2433.  Official Expenses on City Business.

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

Section 2435.  Local Self-Government.

Section 2436.  Historical Property.

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

Section 2438.  Junk Dealers and Junk Yards.

Section 2439.  Appropriations for Industrial Promotions.

Section 2440.  Non-debt Revenue Bonds.

Section 2441.  Appropriations for Urban Common Carrier Mass Transportation.

Section 2442.  Appropriation for Nonprofit Art Corporation.

Section 2443.  Ratification and Validation of Real Estate Sales.

Section 2444.  Maintenance and Validation of Certain Records.

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

Section 2446.  Emergency Services.

Section 2447.  Charitable Purposes.

 

ARTICLE XXV

TAXATION

 

(a)  Assessments of Property for Taxation

 

Section 2522.  Assessment Powers.

 

(b)  Levy and Collection

 

Section 2531.  Tax Levies.

Section 2531.1. Exemptions from Taxation.

Section 2531.2. Certification of Schedule.

 

(c)  Sales of Real Estate for Delinquent Taxes

 

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

Section 2543.  Certification of Schedules to Treasurer.

Section 2546.  Record of Sales; Purchase and Resale.

Section 2552.1. Conduct of Tax Sales.

 

ARTICLE XXVI

LICENSES AND LICENSE FEES

 

Section 2601.  Licensing and Regulatory Powers.

Section 2601.1. Registration of Businesses or Occupations.

Section 2602.  Regulation of Motor Vehicles.

Section 2603.  Licensing of Plumbers.

Section 2604.  Power to Regulate and License Transient Merchants.

Section 2605.  Regulation of Special Events.

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

Section 2651.  Farmers.

Section 2652.  Insurance Business.

Section 2653.  Persons Taking Orders by Samples.

Section 2654.  Commonwealth License Saved.

 

ARTICLE XXVII

REAL ESTATE REGISTRY

 

Section 2704.  Real Estate Registry.

 

ARTICLE XXVII-A

NUISANCE ABATEMENT

 

Section 2701-A.  Definitions.

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

Section 2703-A.  Summary abatement.

Section 2704-A.  Prior notice of abatement.

Section 2705-A.  Abatement by owner.

Section 2706-A.  Appeal after notice; hearing.

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

Section 2708-A.  Assistance in abatement.

Section 2709-A.  Salvage of material.

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

Section 2711-A.  Personal liability of owner.

Section 2712-A.  Administrative fee and civil penalties.

 

ARTICLE XXVIII

EMINENT DOMAIN

 

Section 2801.  Exercise of Eminent Domain.

Section 2802.  Restrictions as to Certain Property.

Section 2803.  Title Acquired.

Section 2824.  Assessment Awards.

 

ARTICLE XXIX

STREETS

 

Section 2901.  Map of Streets.

Section 2902.  Laying Out Streets.

Section 2903.  Effect of Laying Out of Street.

Section 2904.  Improvements Within Laid-out Streets.

Section 2915.  Power to Open, Etc.

Section 2916.  Ordinances When No Petition is Presented.

Section 2917.  Erection of Improvements Restricted.

Section 2918.  Petition for Opening, Etc.

Section 2919.  Notice of Petition.

Section 2922.  Assessment of Damages and Benefits.

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

Section 2931.  Payment of Cost of Improvement.

Section 2938.  Preparation of Streets for Paving or Repairing.

Section 2939.  Highways in Cities.

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

Section 2955.  Acquisition of Unobstructed Views.

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

Section 2970.  Appropriation for Connections with Highways.

Section 2975.  Street Closings; Detours.

Section 2985.  Maintenance of Streets Forming Boundaries.

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

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

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

 

ARTICLE XXX

SIDEWALKS

 

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

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

Section 3002.1. Ordinances.

Section 3003.  Emergency Repairs; Notice; Cost.

 

ARTICLE XXXI

BRIDGES

 

Section 3101.  Construction and Maintenance of Bridges.

Section 3102.  Ordinance for Location of Bridges; Procedure.

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

Section 3110.  Agreement for Joint Construction and Maintenance.

Section 3114.  Recording of Contract.

Section 3115.  Power to Construct Boundary Bridges.

Section 3135.  Acquisition of Existing Bridges.

 

ARTICLE XXXII

SANITARY SEWERS

 

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

Section 3201.1. Required Connection; Fees.

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

Section 3213.1. Rental Fees or Charges.

Section 3222.1. Acquisition of Existing Sanitary Sewer Systems.

Section 3230.  Sewers Outside Cartway and Curb Lines.

Section 3240.  Building Joint Sewers.

Section 3241.  Approval of Department of Environmental Protection.

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

Section 3250.  Sewers Extended Outside of City.

 

ARTICLE XXXIV

WATERCOURSES, FLOOD PROTECTION PROJECTS

AND STORM WATER SYSTEMS

 

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

Section 3407.  Assessment of Benefits; Liens.

Section 3408.  Waters Excepted.

 

ARTICLE XXXV

UTILITY SERVICE

 

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

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

Section 3585.  Payment of Cost of Extensions.

Section 3587.  Fixing Rates.

Section 3588.  Collection of Utility Charges.

Section 3590.  Disposition of Revenues.

 

ARTICLE XXXVI

PUBLIC BUILDINGS AND WORKS

 

Section 3601.  Public Buildings Generally.

Section 3603.  Payment of Cost of Erection and Maintenance.

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

Section 3606.  Rental of Public Auditoriums; Disposition of Proceeds.

Section 3607.  Long-Term Improvement Leases.

 

ARTICLE XXXVII

PARKS, PLAYGROUNDS, AND RECREATION CENTERS

 

Section 3703.  Acquisition of Lands and Buildings.

Section 3703.1. Powers of Council; Delegation.

Section 3705.  Creation and Composition of Recreation Board.

Section 3706.  Organization of Board.

Section 3707.  Joint Ownership and Maintenance.

Section 3708.  Borrowing.

Section 3709.  Maintenance and Tax Levy.

Section 3709.1. City Trusts.

Section 3718.  Park Rangers.

 

ARTICLE XLI-A

UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE

AND RESERVED POWERS

 

Section 4101-A.  Primacy of certain codes.

Section 4102-A.  Changes in Uniform Construction Code.

Section 4103-A.  Public nuisance.

Section 4104-A.  Property maintenance code.

Section 4105-A.  Reserved powers.

 

ARTICLE XLII

AERONAUTICS

 

Section 4201.  Power to Acquire Land for Aeronautical Purposes; Maintenance of Municipal Airports.

Section 4203.  Leasing of Land Acquired for Aeronautical Purposes.

Section 4204.  Operation of Facilities Jointly.

Section 4205.  Appropriation for Support of Air Navigation Facilities.

 

ARTICLE XLIII

PENSIONS

 

(a)  Police

 

Section 4301.  Police Pension Fund.

Section 4302.  Retirement; Final Discharge.

Section 4302.1. Limited Vested Benefit.

Section 4303.  Allowances and Service Increments.

Section 4303.1. Increase of Allowances After Retirement.

Section 4303.2. Total Disability.

Section 4304.  Inalienable Rights in Fund.

Section 4305.  Payments to Police Pension Fund by City.

Section 4306.  Management of Police Pension Fund.

Section 4307.  Trusts for Benefit of Police Pension Fund.

Section 4308.  Repayment Before Retirement.

Section 4309.  Definitions.

 

(b)  Firefighters

 

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

Section 4320.1. Limited Vested Benefit for Firefighters.

Section 4321.  Retirement; Final Discharge.

Section 4322.  Pensions and Service Increments.

Section 4322.1. Increase of Allowances After Retirement.

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

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

Section 4325.  Transfers from Other Pension Funds.

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

Section 4327.  Repayment Before Retirement.

Section 4328.  Definitions.

 

(c)  Pension Funds for Employes Other Than

Police Officers and City-Paid Firefighters

 

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

Section 4341.  Pension Board; Duties.

Section 4342.  Retirement Age.

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

Section 4343.1. Retirement Allowances; Full Coverage; Payments.

Section 4343.2. Limited Vested Benefit.

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

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

Section 4345.  Payments by Laborers Optional.

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

Section 4347.  Receipt, Investment and Payment of Funds.

Section 4348.  Appropriations and Contributions to Fund.

Section 4349.  Application.

Section 4350.  Computation of Time of Service.

Section 4351.  Funds Payable to be Free of Attachment.

Section 4352.  Definitions.

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

 

(d)  Beneficiaries Serving in Elective Office

 

Section 4361.  Right to a Pension if Salary Refused.

 

ARTICLE XLIV

CIVIL SERVICE

 

Section 4401.  Examinations Required of All Appointees.

Section 4402.  Appointment of Examining Board.

Section 4402.1. Existing Civil Service Positions.

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

Section 4403.1. Alternate Board Members.

Section 4403.2. Investigations and Subpoenas.

Section 4404.  Rules and Regulations; Examinations.

Section 4404.1. Physical and Psychological Medical Examinations.

Section 4405.1. Veterans' Preference.

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

Section 4406.1. Promotions.

Section 4407.  Tenure; Temporary Appointments.

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

Section 4409.  Secretary; Compensation.

Section 4410.  Review of Eligibility Lists.

 

ARTICLE XLIV-A

VETERANS' AFFAIRS

 

(a)  Support of Veterans' Organizations

 

Section 4401-A.  Appropriation to post of veterans.

Section 4402-A.  Rooms for meetings of veterans.

 

(b)  Pennsylvania National Guard

 

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

Section 4412-A.  Assistance in erection of armories.

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

Section 4414-A.  Lands for armory purposes.

 

(c)  Burials and Memorials

 

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

Section 4422-A.  Care of memorials.

Section 4423-A.  Memorial trees.

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

 

ARTICLE XLV-A

ASSESSMENTS FOR PUBLIC IMPROVEMENTS

 

Section 4501-A.  Authority to assess.

Section 4502-A.  Method of assessment.

Section 4503-A.  Notice of assessment.

Section 4504-A.  Appeals to court.

Section 4505-A.  Benefits and damages.

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

Section 4507-A.  Payment of assessments in installments.

Section 4508-A.  Collection of assessments.

 

ARTICLE XLVI

COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND

COMPROMISE OF CLAIMS

 

Section 4601.  Collection of Municipal Claims by Suit.

Section 4602.  Compromise of Municipal Claims.

 

ARTICLE XLVII

ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

 

Section 4701.  Repeals and Saving Clause.

 

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

 

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

ARTICLE I

PRELIMINARY PROVISIONS

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

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

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

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

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

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

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

"City."  A city of the third class.

"Highway."  A State highway of the Commonwealth.

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

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

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

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

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

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

"Pennsylvania Construction Code Act."  The act of November 10, 1999 (P.L.491, No.45), known as the "Pennsylvania Construction Code Act."

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

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

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

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

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

(c)  Conduct of elections;

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

(e)  [Aldermen] (Reserved);

(f)  Constables;

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

(h)  Weights and measures;

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

(j)  Joint city and county buildings;

(k)  Libraries;

(l)  State highways;

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

Section 104.  Construction of Act Generally to Preserve Existing Situations.--(a)  The provisions of this act, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. The repeal by this act of any act of Assembly, or part thereof, shall not revive any act, or part thereof, heretofore repealed or superseded, nor affect the corporate existence of any city heretofore incorporated. The provisions of this act shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of such repealed laws. All ordinances, resolutions, regulations and rules made pursuant to any act of Assembly repealed by this act[,] shall continue with the same force and effect as if such act had not been repealed. Any person holding office or position under or by virtue of any act of Assembly repealed by this act shall continue to hold such office or position until the expiration of the term thereof, subject to the conditions and tenure attached to such office or position prior to the passage of this act.

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

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

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

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

(1)  All cities which have been incorporated under or which have accepted the provisions of the act of [Assembly, approved the twenty-third day of May, one thousand eight hundred and seventy-four (Pamphlet Laws 230)] May 23, 1874 (P.L.230, No.152), entitled "An act dividing cities of this State into three classes; regulating the passage of ordinances; providing for contracts for supplies and work for said cities; authorizing the increase of indebtedness, and the creation of a sinking fund to redeem the same; defining and punishing certain offenses in all of said cities; and providing for the incorporation and government of the cities of the third [class," and the amendments thereto; (b) all] class."

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

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

(4)  All cities formed by the consolidation of boroughs having voted separately to become cities in accordance with the provisions of the act[, approved May twenty-fourth, one thousand nine hundred and seventeen (Pamphlet Laws 262)] of May 24, 1917 (P.L.262, No.143), entitled "An act to enable two or more boroughs that are contiguous or in close proximity to be united and to become one city, wherever each of said boroughs shall have heretofore voted or shall hereafter vote to become a city of the third class, under laws now enacted or which may hereafter be enacted; and wherever each of said boroughs has duly received or shall hereafter duly receive letters patent constituting it a city of the third class, but where sufficient time shall not have elapsed after the granting of such letters patent for the holding of a municipal election; providing for the consequences of such consolidation, the government of such consolidated city, the payment of the indebtedness of each of the united territories and the enforcement of debts and claims due to and from each, and fixing the jurisdiction over the said consolidated city in the courts of the county in which the majority of its inhabitants shall [reside"; and (e) all] reside."

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

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

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

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

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

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

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

ARTICLE II

PROCEDURES FOR INCORPORATION

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 206.  Effect of Vote Against [City Charter.--Whenever by the returns of the election in any town, township, or borough, it shall appear that in any one there is a majority against the city charter] Incorporating as City.--If the returns show that a majority of registered voters in a municipal corporation voted "no" on the referendum question, no further proceeding shall be had, and it shall not be lawful to hold another election upon the referendum question in [such town, township, or borough] the municipal corporation until the third general or municipal election thereafter occurring.

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

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

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

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

Section 210.  Existing Liabilities, Debts and Claims Transferred to New City.--[All suits, prosecutions, debts, and claims, whatsoever, of the said towns, townships and boroughs, shall thereupon become transferred to the said city, which in all suits pending shall be substituted as a party, and be under the management and control thereof. All valid claims and demands of whatsoever nature, whether payable presently or in the future, existing against the said towns, townships, and boroughs when the said charter shall go into operation, shall be enforceable against the said city. The bonds and floating indebtedness, and the interest thereon, of each of said towns, townships and boroughs, contracted prior to such consolidation, shall be paid by the said city thus organized and chartered, so that the taxes shall be uniform throughout the territorial limits of the whole city.] If a municipal corporation is incorporated as a city in accordance with this article, the following shall apply:

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

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

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

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

Section 12.  Article II-A heading and sections 250, 251, 252, 253, 254 and 255 of the act, added September 17, 1959 (P.L.913, No.363), are repealed:

[ARTICLE II-A

ALTERNATIVE PROCEDURE FOR INCORPORATION

Section 250.  Appointment of Charter Commission.--The corporate authorities of any town, township, or borough or of any combination of contiguous towns, townships or boroughs may and, upon petition of two hundred or more qualified electors thereof, shall petition the court of quarter sessions of the county in which such towns, townships or boroughs are situate, for the appointment of a charter commission to study and make recommendations on the adoption of a form of city government for such towns, townships or boroughs. Whenever any such towns, townships or boroughs, or combination thereof, are situate in more than one county, the petition shall be brought to the court of quarter sessions of the county in which the larger percentage of the population thereof are resident.

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

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

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

Members of the charter commission shall serve without compensation, but shall be reimbursed by the towns, townships or boroughs for their necessary expenses incurred in the performance of their duties. The corporate authorities of the towns, townships or boroughs shall appropriate reasonable sums of money necessary for such purpose and for the work of the charter commission as provided in the Optional Third Class City Charter Law.

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

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

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

................name of towns, townships or boroughs

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

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

name of form

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

number of councilmen

Section 253.  Return of Election; Effect of Vote.--(a)  The county board of elections shall make return of the vote cast on the question as provided by law. If it appears that a majority of the votes cast in each such town, township or borough on the question shall be in favor of creating a city, the city shall be incorporated as provided in this act.

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

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

At the first municipal election occurring at least ninety days after the date of the letters patent issued by the Governor incorporating such city, the qualified electors of such city shall elect the city officers appropriate to such optional form of government. Except in the case of the first city council, such officers shall be elected for the terms provided in the Optional Third Class City Charter Law. The first councilmen elected in such city shall be divided into two groups. One group shall equal one more than one-half of all the councilmen and its members shall serve for terms of four years. The second group shall equal one less than one-half of all the councilmen and its members shall serve for terms of two years. The members of the first group shall be those councilmen receiving the greatest number of votes at their election, and the members of the second group shall be those councilmen receiving the next greatest number of votes at their election. If two or more councilmen received the same number of votes and one or more but not all of them will be included in the first group, they shall draw lots to determine which of them shall be included in the first group. Thereafter, all councilmen shall be elected for the terms provided in the Optional Third Class City Charter Law.

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

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

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

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

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

ARTICLE III

CHANGE OF CORPORATE TITLE

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

Section 301.  Resolution and Petition to Change Corporate Title.--[Whenever the council of any city shall, by resolution, decide to change the corporate title of such city, it shall present its petition to the court of quarter sessions of the county having jurisdiction over the municipal affairs of the city, petitioning such court to change the corporate title thereof in accordance with the resolution, a certified copy of which shall be attached to such petition.] City council may initiate proceedings to change the corporate title of a city by doing each of the following:

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

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

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

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

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

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

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

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

ARTICLE IV

CREATION AND DIVISION OF WARDS

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

Section 401.  [Petition for Creation or Division of Wards.--New wards may be created in cities, or wards therein may be divided, by the court of quarter sessions, on application thereto for that purpose, by the petition of at least one hundred qualified electors of the district seeking to be created as a new ward, or of the ward to be divided, or by the petition of the council of the city. No new ward shall contain less than three hundred qualified electors according to the last preceding enumeration.] General Power of Council in Creation or Division of Wards.--(a)  In addition to reapportionment of wards pursuant to 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and section 11 of Article IX of the Constitution of Pennsylvania, council may, with or without a petition as provided in section 401.1 and subject to approval by the registered voters as provided in section 407, create new wards, divide a ward or wards or detach part of a ward and attach to another ward, in accordance with this article.

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

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

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

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

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

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

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

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

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

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

Section 403.  Appointment of Commission[; Report; Order of Court.--Upon the presentation of any such petition praying for the creation of a new ward out of parts of two or more wards, or the division of a ward, or for the detaching from a ward of a part or district thereof and attaching the same to another ward, the said court shall appoint five impartial qualified electors, residents of the city, but not of the wards to be affected thereby, as commissioners to inquire into the propriety of granting the prayer thereof: Provided, however, That in cities having not more than three wards, said commissioners shall be selected from the city at large, and may be residents of the ward or wards to be affected thereby. The commissioners so appointed, or any four of them, shall examine the premises and make a draft of the new ward or wards proposed to be created, or of the ward or wards to be divided, or of the wards affected, showing the division or change thereof, or showing the lines as any separation and attachment will affect them, as the case may be, and showing clearly the number of qualified electors contained within the proposed new ward. The commissioners shall make report to the said court at its next term, together with their recommendation.].--(a)  If council initiates proceedings pursuant to section 401, whether on its own volition or pursuant to the petition of registered voters, it shall appoint five impartial registered voters who are residents of the city as commissioners, to make a report and recommendation concerning the necessity, desirability and feasibility of proposed wards.

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

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

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

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

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

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

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

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

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

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

Section 405.  Notice of Election; Review of Report.--[It shall be the duty of the mayor of the said city to give at least fifteen days' public notice, by advertisement in one or more newspapers, of general circulation, that such an election will be held, and of the time and place of holding the same.] (a)  The city shall publish a notice of election in a newspaper of general circulation at least fifteen days prior to the date that the question of approving the creation, division or detachment of a ward or wards is to be presented at the specified general or municipal election.

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

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

Section 407.  Computing Vote; Return; [Order of Court;] Resubmission of Question.--[The officers of such election shall receive and count the votes in the manner prescribed by law, and shall forthwith make out a return on forms furnished by the board of elections, showing the number of votes for and against such new ward, or for or against such division or detachment of a ward, as the case may be, and shall deliver the same to the clerk of the court of quarter sessions within three days. The said clerk shall compute said return, and forthwith certify the result thereof to the court. If it appears that a majority of the votes so taken are for a new ward, or for a division or for the detachment of territory and its attachment to another ward, said court shall thereupon order and decree the creation of such new ward or wards, or such division, or such detachment and attachment agreeably to the lines marked out and returned by the commissioners] (a)  The county board of elections shall tabulate and publish the results of the referendum in a newspaper of general circulation within thirty days of the election. A certified copy of the results shall be placed on record among the minutes of council.

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

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

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

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

Section 409.  Pennsylvania Election Code.--Nothing in this article shall be construed as affecting the powers and duties of the court of common pleas or the county board of elections and restrictions on alteration of election districts as provided in Article V of the Pennsylvania Election Code.

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

[ARTICLE V

ANNEXATION OF TERRITORY

 

(a)  Annexation of Boroughs, Townships and Parts

of Townships]

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

[Section 501.  Petition for Annexation of Boroughs or Townships and Parts of Townships.--Any borough having a population of less than ten thousand inhabitants, or any township or part of a township, contiguous to any city, whether wholly or partially within the same or different counties, may become annexed to any such city in the following manner:

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

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

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

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

Section 24.  Section 502 of the act is repealed:

[Section 502.  Advertisement; Plots.--Before any such petition is circulated or signed, notice thereof shall be given by advertisement once a week for four weeks in two newspapers published in or circulated throughout the territory to be annexed. Such notice shall state the purpose of the petition and the date it will be ready for signing. All such petitions shall be accompanied by a plot or plots of the territory to be annexed, showing all streets and highways, municipal or township improvements and public buildings.]

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

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

Section 26.  Section 504 of the act is repealed:

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

Section 27.  Section 505 of the act, repealed in part June 3, 1971 (P.L.118, No.6), is repealed:

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

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

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

Such question shall be in the following form:

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

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

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

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

Section 29.  Article V subdivision (b) heading and section 515 of the act are repealed:

[(b)  Annexation of Outlying Lots in a Township

Section 515.  Annexation of Outlying Lots; Appointment of Viewers.--Upon application by petition to the court of quarter sessions signed by a majority or more of the taxable inhabitants, accompanied by the written consent of a majority of the property owners in number and interest of any outlots or sections of land in a township containing not more than one hundred acres of land contiguous to the city, and being part of the same county in which the city is situated, stating that they desire the same to be annexed to said city, the desirability therefor, and describing the lots or land to be annexed, with a map or draft of the same, which petition shall be sworn to by one or more of the petitioners, and accompanied by the petition of the council of the city praying for the annexation of such outlots or sections of land and containing a copy of the resolution of the council of said city approving the annexation, the said court shall thereupon appoint three viewers, who shall be nonresidents of the city or of the township whose territory is to be annexed, to inquire into and investigate the allegations and facts stated in the said petition.]

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

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

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

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

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

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

(c)  Annexation of Part of a Borough

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

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

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

[Section 526.  Filing of Plans.--Upon such annexation by ordinance, a plan of the territory annexed shall be filed by the city council in the office of the county commissioners and with the clerk of the court of quarter sessions and thereupon the detachment and annexation shall be effective: Provided, however, That if there be no delay through litigation or causes beyond the control of the councils, the plan shall be filed, as herein required, within thirty days after the passage of the annexation ordinance by the city council, and, if the proceedings are not thus completed, they shall be void in their entirety and of no effect. A copy of the plan filed shall be likewise forwarded to the Department of Community Affairs of the Commonwealth.]

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

[(d)  Indebtedness and Public Property when Borough or

Township is Annexed

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

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

(e)  Apportionment of Indebtedness when Part of a Township

or Outlying Lots are Annexed]

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

[Section 540.  Adjustment of Indebtedness when Part of Township is Annexed.--Where any part of any township or outlying lots thereof are annexed to any city, the township officers of that part of the said township not annexed, and the city council of the said city, shall make a just and proper adjustment and apportionment of all public property owned by the said township at the time of said annexation, both real and personal, including funds as well as indebtedness, if any, to and between the said township and the city. In making such adjustment and apportionment of the property and indebtedness, the township and the city shall be entitled respectively to share in a division of the property and indebtedness in the proportion that the assessed valuation of the land remaining in the township bears to the assessed valuation of the land annexed: Provided, however, That where indebtedness was incurred by the township for an improvement located wholly within the annexed part of the township, the whole of such indebtedness shall be assumed by the city, and where any part of any such improvement is located within the annexed part of the township, the part of such indebtedness representing the part of the improvement located within the territory annexed, shall be assumed by the city, and the adjustment and apportionment of any remaining debt, and the public property of the township shall be made as above provided. The adjustment and apportionment as made shall be reduced to writing, and duly executed and acknowledged by the proper officials, and filed in the office of the clerk of the court of quarter sessions of the county in which said city is located. A copy of such adjustment and apportionment shall be forwarded by the city clerk to the Department of Community Affairs of the Commonwealth.]

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

[Section 541.  Appointment of Commission; Contents of Report.--In case the said council of the said city and the township's authorities cannot make such amicable apportionment and adjustment of their property and indebtedness within six months after any such annexation, then, in that case, the said council or any officer of said township may present a petition to the court of quarter sessions of the county in which the said city is located. Whereupon the said court shall appoint three disinterested commissioners, residents and taxpayers of said county not residing in the said city nor in the said township, who, after hearing, due notice of which shall be given to the city and township interested by publication once in one or more newspapers, at least twenty days before said hearing, in accord with the provisions of section one hundred and nine of this act, shall make report to the court, making an apportionment and adjustment according to the provisions of this act of all the property as well as indebtedness, if any, to and between the said city and the said township, said report to state the amount, if any, that shall be due and payable from the city to the township, or from the township to the city, as well as the amount of indebtedness, if any, that shall be assumed by the city or township, or both of them.

Section 542.  Notice of Filing of Report; Exceptions; Confirmation.--The commissioners shall give the city and the township at least five days' notice of the filing of their report. Unless exceptions are filed thereto by the city or by the township within thirty days after filing thereof, the same shall be confirmed by the court absolutely. Any sum awarded by the report to the city or to the township shall be a legal and valid claim in its favor against the city or township charged therewith, and the amount of debt, if any, apportioned to any city or township shall be a legal and valid claim against such city or township charged therewith. Any property, real or personal, given and adjudged to the city or the township shall become and be the property of the city or the township to whichever one the same is given and adjudged. Upon such report being confirmed, such claim or indebtedness charged against any city or township may be collected in the same manner as a judgment is collected against any city or township.

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

Section 37.  Section 544 of the act, repealed in part June 1971 (P.L.118, No.6), is repealed:

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

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

[Section 545.  Jurisdiction when Territory is in Two or More Counties.--In cases where a city or township is situated in two or more counties, the court of quarter sessions of the county in which the city is located shall have exclusive jurisdiction over the matter, but the same shall be heard by a judge, not a resident of either of the judicial districts affected, who shall be called to preside specially in the matter, and, in such cases, the court shall appoint the commissioners hereinbefore provided for from both or from three of such counties.

(f)  Apportionment of Indebtedness when Part of a

Borough is Annexed

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

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

(g)  Wards]

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

[Section 560.  Distribution of Annexed Territory Among Wards; New Wards; Ward Officers.--Within thirty days from the effective date of any annexation, the city council shall cause a petition to be presented to the court of quarter sessions of the county in which the said city is located, praying for the distribution of the annexed territory among the wards of the said city, or for the creation of a new ward or wards out of the same, and to make such order or decree as may be necessary to constitute such ward or wards an election district or election districts, or add to or create new election districts in a ward or wards to which such territory is attached, and the said court shall, in case of the creation of a new ward or wards, appoint the election and other officers of the same, and name the place or places of holding the first election in the said ward or wards for ward officers, and, for that purpose, may order a special election, if said court shall deem the same necessary, to be conducted in the manner provided by the Pennsylvania Election Code. The officers elected at such special election shall hold their respective offices until their successors, elected at the next succeeding municipal election, shall be duly qualified. Any decree of court creating a new ward or wards shall be entered in full upon the records of said court and certified copies thereof, under the seal of the court, shall be delivered by the clerk of said court to and be filed by the city clerk of the city and the secretary of the school district in which said ward or wards become located. The clerk of the court of quarter sessions shall likewise certify copies thereof to the Secretary of the Commonwealth and to the Department of Community Affairs.]

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

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

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

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

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

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

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

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

Section 43.  Article V subdivision (i) heading, section 570, subdivision (j) heading and section 580 of the act, added July 10, 1959 (P.L.521, No.139), are repealed:

[(i)  Terms and Salaries of Officials and Employes

of Annexed Territory

Section 570.  Annexation Officials and Employes.--In case of annexation, all salaried public officials of territory annexed who have theretofore been elected for a definite term shall continue to receive during the term for which they were elected the same salaries as they would have received except for such annexation, and it shall be the duty of the mayor of such city to assign to such public officials the performance of such suitable services and duties as will be in the public interest of the city and particularly of the annexed portion thereof. In case of nonelective employes of such annexed borough or township, they shall, so far as practicable, be employed at corresponding duties by the city in accordance with rules and regulations to be established by city ordinance. Tax collectors holding office at the date of annexation shall continue to perform the duties and receive the emoluments of office for the full term for which they were elected, but upon the expiration of such term, the office shall be abolished within such territory and the duties thereof shall be merged with that of the collector of taxes of such city of the third class.

(j)  Ordinances

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

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

ARTICLE VI

CITY BOUNDARIES

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

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

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

(b)  In any dispute [involves] involving the boundaries of counties, the provisions of [the County Code shall apply to that extent.] this article shall not supersede the application of the relevant provisions of the act of August 9, 1955 (P.L.323, No.130), known as "The County Code," and the act of July 28, 1953 (P.L.723, No.230), known as the "Second Class County Code," or any other law applicable to the fixing of county boundaries.

Section 603.  Petition to Court; Commissioners; Report.--Upon [such] petition in accordance with section 602(a), the court shall appoint [as] three impartial commissioners [three impartial qualified electors], who shall have authority to employ a professional engineer or surveyor. After giving notice to interested parties [affected] by publication once in at least one newspaper of general circulation, in conformity with section [one hundred and nine of this act, they shall view the disputed boundaries] 109, or as directed by the court, the commissioners shall hold a hearing and view the disputed boundaries. A majority of the commissioners shall make [a prompt] its report and recommendations to the court, [which report shall be] accompanied [with] by a plot or draft of the lines and boundaries proposed [boundary, if the same cannot be fully described] to be ascertained and established if they cannot be fully designated by natural lines[. The] or boundaries. Upon the filing of the report, it shall be confirmed nisi, and the court [shall] may make [such] further order [thereupon as to] as it shall [seem] deem just and reasonable.

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

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

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

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

ARTICLE VII

ELECTED OFFICERS AND ELECTIONS

Section 47.  Sections 701, 702 and 704 of the act are amended and section 703 is carried without amendment to read:

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

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

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

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

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

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

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

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

Yes

No

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

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

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

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

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

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

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

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

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

Yes

No

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

(8)  At the first municipal election following approval of the question providing for the return to a five-member council, to be comprised of four council members and the mayor, four council members shall be elected to serve from the first Monday of January after the election, when the terms of the six council members serving on the seven-member council shall cease. The four candidates receiving the highest number of votes for the office of council member shall be elected. The two candidates receiving the first and second highest number of votes shall serve for a term of four years. The two candidates receiving the third and fourth highest number of votes shall serve for a term of two years. After that time, council members shall be elected as provided in subsection (a).

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

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

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

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

Section 704.  Certificates of Election.--[Whenever an election shall have been held for city officers, for regular terms of service] Upon the election of city officers in accordance with this article, it shall be the duty of the [officer-elect to procure from the] county board of elections to issue, and of the officer-elect to procure, a certificate of election [as issued by the board, according to law, and to lay the same before]. The officer-elect shall present the certificate of election to council on the date and time fixed by law for [their] its organization[; and the said]. The certificate shall be filed among the city archives, and its presentation shall be noted in the minutes.

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

ARTICLE VIII

VACANCIES IN OFFICE

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

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

In case vacancies should exist whereby the offices of three or four of the five members of the city council become vacant, the remaining one or two members shall fill such vacancies, one at a time, giving each new appointee such reasonable notice of his appointment as will enable him to meet and act with the then qualified member or members of the city council in making further appointments until three members of city council have been qualified, whereupon the said three members shall fill the remaining vacancies at a meeting attended by the said three members of said city council, such appointees to receive a majority of the votes of the said three members present at any such meeting. The person or persons selected to fill such vacancy or vacancies shall hold their offices as herein provided.

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

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

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

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

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

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

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

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

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

If by reason of a tie vote or otherwise, such vacancy shall not have been filled by the members of city council within the time as limited herein, the court of common pleas upon the petition of ten or more qualified electors shall fill such vacancy by the appointment of a qualified person for the portion of the unexpired term as above provided.] (a)  Within thirty days after a vacancy occurs in the office of city controller or in the office of city treasurer or if an elected city controller or city treasurer has failed to qualify pursuant to section 701 prior to taking office, the council shall appoint a qualified person to fill the vacant office.

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

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

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

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

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

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

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

ARTICLE IX

GENERAL PROVISIONS RELATING TO CITY

OFFICERS AND EMPLOYES

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

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

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

(1)  They shall be removed from office in accordance with the Constitution of Pennsylvania, as follows:

(i)  by impeachment;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 904.  Offices to be Held until Qualification of Successors.--Any officer of any city, who has been elected or appointed and has qualified, shall hold [said] office until [his] the officer's successor is elected or appointed and [duly qualifies.] takes the oath of office, provides any necessary bond and takes any other necessary actions required by law to qualify to assume office. Should any elected official fail to appear at the organizational meeting of the city council to demonstrate the official's qualifications for office and to take the oath of office, the official shall fully qualify for office and shall take the oath of office within fourteen days of the date of the organizational meeting of the council or the office of that elected official shall be deemed to be vacant and the vacancy shall be filled in the manner provided by this act. When the terms of office of more than one council at-large member expire and more than one seated council member are to be replaced as the result of an election, and only one of the newly elected council members fails to qualify to assume office, those members whose terms have expired and who are to be replaced shall draw lots to determine which of them shall continue to serve on council until the member's successor duly qualifies for and takes the oath of office. No person continuing to hold office pursuant to this section after the first Monday of January which would have marked the end of the person's term shall participate in the deliberations concerning or in any vote appointing the person's successor.

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

(b)  Any person refusing to take the oath shall be deemed not to have met the qualifications to hold office. Any person who violates the person's oath commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine not exceeding one thousand dollars or to undergo imprisonment not exceeding one year, or both, at the discretion of the court, and shall be subject to forfeiting office in accordance with section 901.

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

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

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

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

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

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

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

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

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

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

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

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

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

[Section 910.  Receipt of Bribe by Officer or Employe of City; Penalty.--Any member of council, or other city officer or employe, who shall solicit, demand, or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation, or persons, any moneys, office, appointment, employment, testimonial, reward, thing of value or enjoyment or of personal advantage, or promise thereof, for his vote or official influence, or for withholding the same, or with an understanding, expressed or implied, that his vote or official action shall be in any way influenced thereby, or who shall solicit or demand such money or other advantage, matter, or thing, aforesaid, for another, as the consideration of his vote or official influence, or for withholding the same, or who shall give or withhold his vote or influence in consideration of the payment or promise of such money, advantage, or thing to another, shall be guilty of bribery, a felony, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding ten thousand dollars, and to undergo imprisonment for a period not exceeding five years, and shall be forever incapable of holding any place of profit or trust in this Commonwealth.

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

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

Section 913.  City not to Engage in Private Construction.--No official, officer, agent or employe of any city or of any department, office, institution or agency thereof, shall dispose of, or authorize or permit the disposal of, any services, materials, supplies or labor belonging to, or paid or contracted for by, the city or any of its departments, offices, institutions or agencies, in any building, installing, laying or other work of construction of any manner of thing, whether gratuitously or for a consideration, for private rather than public benefit, within or without the city's boundaries, unless such disposal is expressly or by necessary implication authorized or required by law. This section is intended to prohibit encroachment of officials, officers, agents or employes of a city upon the markets of legitimate private enterprise engaged in all types of construction work. Any official, officer, agent or employe of a city or any department, office, institution or agency thereof, violating the provisions of this section, shall, upon summary conviction thereof, forfeit and pay to the city a fine of not less than one hundred nor more than three hundred dollars for each such offense, or in default thereof undergo imprisonment for not more than ninety days; and each day's violation shall constitute a separate and distinct offense.

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

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

Section 54.  Section 916 of the act, amended September 26, 1951 (P.L.1515, No.379), is amended to read:

Section 916.  [City Leagues] Pennsylvania Municipal League and Other Municipal Affairs Organizations.--Any city may unite with other cities, or with the cities of two or more classes, or with any other municipalities, and may form and organize [leagues] a league of said cities[,] and municipalities and hold annual conventions for the study and consideration of such municipal affairs as concern and pertain to the cities and municipalities comprising the league. [Each] A city that is a member of [a] the league may send delegates thereto and pay the necessary expenses incident to their attending [said] the annual convention, [and] pay dues to the league, appropriate moneys to join and participate in any of the various business and training programs of the league designed to address municipal needs in a cost-efficient manner and provide a fund for the necessary costs and expenses of the league and league conventions and the work carried on by [said] the league. Each delegate shall submit to the city controller for approval an itemized account of [his] the delegate's expenses to be paid [him] under the authority of this section. Council is hereby authorized to appropriate [monies] moneys for like support of and participation in other organizations at the national and State level concerned with municipal affairs.

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

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

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

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

(b)  The officer, official or city agency referred to in subsection (a) shall have authority, for the purposes of [such] hearings or investigations, to issue subpoenas for the attendance and giving of testimony of [such] witnesses as are subject to the subpoenas of the courts of record of this Commonwealth, and to issue subpoenas duces tecum as to [such] the witnesses.

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

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

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

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

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

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

ARTICLE X

THE COUNCIL

(a)  General Provisions

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

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

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

(c)  No officer of the United States or of the Commonwealth of Pennsylvania (except notaries public or officers of the militia), nor any county officer, nor any officer of any school district embraced in the territory of [said] the city, nor any officer or employe of [said] the city, or of any department [thereof, nor any member or employe of a municipality authority of which the city is a member] of the city, shall serve as a [councilman during his continuance or] council member while continuing to hold the incompatible office or employment, except as hereinafter provided.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iii)  emergency;

(iv)  family or business travel.

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

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

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

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

Section 1007.  Voting; No Veto; Vote Necessary to Pass Ordinance.--Each of the five members of council, shall vote on all questions coming before the council, except as hereafter provided. The mayor shall have no right of veto. Except as otherwise provided in this act, an affirmative vote of three members shall be necessary in order to pass any ordinance, resolution, rule or regulation.

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

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

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

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

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

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

Section 64.  Section 1013 of the act is repealed:

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

Section 65.  Section 1014 of the act, amended December 1, 1977 (P.L.242, No.78), is repealed:

[Section 1014.  Time of Taking Effect of Ordinances; Publication; Recording; Proof and Evidence; Notice of Building, Housing, Fire Prevention, Electrical, Plumbing and Zoning Ordinances and Other Standard or Nationally Recognized Codes, Maps and Plans.--All ordinances shall, unless otherwise provided therein or by law, take effect in ten days after their passage, upon their being signed by the mayor and attested by the city clerk. Every proposed ordinance, except as otherwise herein provided, prescribing a penalty for the violation thereof shall be forthwith published not more than sixty days nor less than seven days prior to passage in at least one and not more than two newspapers printed or circulated within the city, in the manner provided by section one hundred and nine of this act. Publication of any proposed ordinance shall include either the full text thereof or the title and a brief summary prepared by the city solicitor setting forth all the provisions in reasonable detail and a reference to a place within the city where copies of the proposed ordinance may be examined. If the full text is not included a copy thereof shall be supplied to the same newspaper of general circulation in the city at the time the public notice is published. If the full text is not included an attested copy thereof shall be filed in the county law library or other county office designated by the county commissioners who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances. In the event substantial amendments are made in the proposed ordinance or resolution, before voting upon enactment, council shall within ten days readvertise in one newspaper of general circulation in the city, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments. All ordinances shall, within one month after their passage, be certified and recorded by the city clerk, in a book provided by the city for that purpose, which shall be at all times open to the inspection of citizens. Any and all city ordinances, or portions thereof, the text of which, prior to the effective date of this amending act, shall have been attached to the city ordinance book, shall be considered in force just as if such ordinances, or portions thereof, had been recorded directly upon the pages of such ordinance book: Provided, That all other requirements of this act applicable to the enactment, approval, advertising and recording of such ordinance, or portions thereof, were complied with within the time prescribed by this act. All ordinances, resolutions, motions or other proceedings of council may be proved by the certificate of the city clerk under the corporate seal, and when printed or published in book or pamphlet form by authority of the city, shall be read and received as evidence in all courts and elsewhere without further proof. At least one week and not more than three weeks prior to the first reading of any proposed building code, ordinance, housing code, ordinance, fire prevention code, ordinance, electrical code, ordinance, plumbing code, ordinance, or zoning ordinance, or any standard or nationally recognized code, ordinance, or any changes or variations of any standard or nationally recognized code, or parts thereof, by council, an informative notice of intention to consider such ordinance and a brief summary setting forth the principal provisions of the proposed ordinance in such reasonable detail as will give adequate notice of its contents, and a reference to the place or places within the city where copies of the proposed building code, housing code, fire prevention code, electrical code, plumbing code, or zoning ordinance or any standard or nationally recognized code may be examined or obtained, shall be published in the manner herein provided for the publication of ordinances. Such building code, ordinance, housing code, ordinance, fire prevention code, ordinance, electrical code, ordinance, plumbing code, ordinance, or zoning ordinance or any standard or nationally recognized code, ordinance, shall not be published after adoption, but not less than three copies thereof shall be made available for public inspection, and use during business hours for at least three months after adoption, and printed copies thereof shall be supplied upon demand, at cost. In any case in which maps, plans or drawings of any kind are to be adopted as part of an ordinance, council may, instead of publishing the same as part of the ordinance, refer, in publishing the ordinance or a summary thereof, to the place where such maps, plans or drawings are on file and may be examined.]

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

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

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

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

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

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

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

Section 1015.  Attendance of Witnesses and Production of Books Before Council or Committee [Thereof] of Council.--(a)  The council of any city may compel the attendance of witnesses[,] and the production of books, papers[,] and other evidence[,] at any meeting of the body or any committee [thereof] of the council. For that purpose, subpoenas may [issue] be issued, signed by the mayor or the [chairman] chairperson of the committee, in any pending case of inquiry[,] or investigation, [or impeachment,] and the [same] subpoenas may be served and executed in any part of this Commonwealth. Any member of council and the city clerk shall have power to administer oaths to [such] the witnesses. If any witness shall refuse to testify as to any fact within [his] the witness' knowledge, or to produce any books or papers within [his] the witness' possession or under [his] the witness' control[,] required to be used as evidence in [any such] the case, the city clerk shall [forthwith] report the facts relating to [such] the refusal to the court of common pleas. All questions arising upon [such] the refusal, and also upon any new evidence[,] not included in [said] the clerk's report (which new evidence may be offered in behalf of or against such witness), shall at once be heard by [said] the court. If the court determines that the testimony or evidence required by [such] the witness is legal and properly competent[,] and ought to be given or produced by [him] the witness, then [said] the court shall make an order commanding [such] the witness to testify or produce books or papers, or both, as the case may be. If [such] the witness shall thereafter, in disobedience of [such] the order of the court, refuse to testify or to produce the books or papers[, as aforesaid], then the [said] court shall have power to order the commitment of [such] the witness for contempt.

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

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

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

(b)  As an alternative to the annual salary method for establishing the compensation payable to members of the city council, the council may provide that the members of council will receive compensation on a per-meeting-attended basis, provided that the compensation shall only be payable for duly advertised public meetings in which a council member participated. If council has provided that members of council will receive compensation on a per-meeting basis, council may provide for the forfeiture of up to one-twelfth of the annual compensation of any council member or impose another appropriate penalty for each unexcused absence from regularly scheduled legislative council sessions.

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

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

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

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

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

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

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

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

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

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

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

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

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

(c)  The records of council shall be in the actual or constructive custody of the city clerk and shall be subject to inspection and copying in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

Section 70.  Section 1017 of the act, repealed in part April 28, 1978 (P.L.202, No.53), is repealed:

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

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

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

Section 71.  Section 1018 of the act is repealed:

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

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

(a.1)  Ordinances

Section 1018.1.  Ordinances and resolutions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 1018.4.  Signing and attesting ordinances.

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

Section 1018.5.  Proposed ordinances; titles.

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

Section 1018.6.  Reading of proposed ordinances; final enactment.

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

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

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

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

Section 1018.7.  Payments not authorized by law.

No ordinance may be enacted nor resolution adopted providing for the payment of any money by the city without previous authority of law. Any officer executing a document authorizing payment or passing a voucher for a payment not authorized by law, or making the payment, commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not more than $5,000 and to imprisonment for not more than one year.

Section 1018.8.  Time of taking effect of ordinances.

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

Section 1018.9.  Publication of proposed ordinances.

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

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

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

Section 1018.10.  Filing of proposed ordinances.

(a)  Place of filing.--If the full text is not published, an attested copy of the proposed ordinance shall be filed when the summary of the ordinance is published in the county law library or other county office designated by the county commissioners who may impose a fee no greater than that necessary to cover the actual costs of storing the proposed ordinances. Filing with the county may be completed by the submission of an electronic copy of the ordinance through a method available, in the sole discretion of the county, to permit receipt by the office storing municipal ordinances. Upon request by the city, the county shall notify the city of the method by which electronic copies may be submitted. The county may store the ordinance electronically, provided that the public is able to access the electronically stored city ordinances during regular business hours at the office or at a remote location. The city shall retain a printed copy of the e-mail and ordinance as transmitted.

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

Section 1018.11.  Records of ordinances maintained by city clerk.

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

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

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

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

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

Section 1018.12.  Proof and evidence.

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

Section 1018.13.  Standard or nationally recognized codes.

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

(b)  Time frame.--

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

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

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

Section 1018.14.  Maps, plans or drawings.

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

Section 1018.15.  Codification of ordinances.

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

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

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

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

(c)  Adoption by reference.--The consolidation or codification may contain matter, which, when it becomes effective as an ordinance, will operate to adopt by reference any building, fire prevention or other standard or model code or zoning ordinance and zoning map in accordance with section 1018.13 and, if applicable, section 1018.14.

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

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

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

Section 1018.17.  Penalty.

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

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

(b)  [Initiative] Initiating Ordinances

by Electors

Section 74.  Sections 1030, 1031, 1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040 and 1041 of the act are amended to read:

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

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

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

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

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

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

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

(1)  Prepare the requested petition.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c)  [Referendum] Reconsidering Ordinances by Electors

Section 76.  Sections 1050, 1051, 1052, 1053, 1054, 1055 and 1056 of the act are amended to read:

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

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

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

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

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

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

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

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

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

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

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

Section 1054.  Signatures; Oath; Time of Signing.--Each signer of a petition under section 1051 shall add to [his] the signer's signature [his] the signer's place of residence by street and number[,] and shall make an oath before the city clerk, or other person authorized [as aforesaid] under section 1053, that [he] the signer is a qualified elector of the city and resides at the address given. The city clerk shall keep [his] the city clerk's office open for the purpose of receiving signatures to the petitions [from eight o'clock ante meridian to ten o'clock post meridian of each day except Sundays and holidays. He] at least from nine o'clock ante meridian through seven o'clock post meridian, prevailing time, Monday through Friday. The city clerk shall not permit [any] a person to sign [any of the said petitions] a petition after [ten] seven o'clock post meridian, prevailing time, of the tenth day following the [passage] enactment of the ordinance on which the referendum vote is [prayed for] requested.

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

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

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

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

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

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

Section 1059.  Effect of Petition; Submission to Voters.--If[,] in any case[,] it shall appear that the [petitions] petition provided for in this subdivision [have] has not been signed by the requisite number of voters, no action shall be taken, but the [ordinances] ordinance shall be [deemed and] taken to be in full force from the time or times [they each] it would have gone into effect had there been no petition against the [same. But in case such petitions are] ordinance. If the petition is signed by electors equal to twenty per centum of all the votes cast for mayor as aforesaid, the council shall reconsider [such] the ordinance, and, if the [same] ordinance is not entirely repealed by council on reconsideration, the council shall call a [special election,] referendum to be held at the time of the next general [or], municipal or primary election occurring not less than sixty days [therefrom] after the reconsideration. At [such] the election, the [said] ordinance shall be submitted without alteration in accordance with the Pennsylvania Election Code.

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

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

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

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

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

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

ARTICLE XI

THE EXECUTIVE DEPARTMENT

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

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

1.  Department of Public Affairs.

2.  Department of Accounts and Finance.

3.  Department of Public Safety.

4.  Department of Streets and Public Improvements.

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

(1)  Department of Public Affairs.

(2)  Department of Accounts and Finance.

(3)  Department of Public Safety.

(4)  Department of Streets and Public Improvements.

(5)  Department of Parks and Public Property.

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE XII

THE MAYOR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 87.  Section 1206 of the act, amended September 29, 1955 (P.L.653, No.177), is amended to read:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 1209.  Acting Mayor; Powers and Duties.--[The member of city council who shall be designated as the director of the department of accounts and finance shall be vice president of the city council, and acting mayor of the city during the absence or inability of the mayor to act; and, during such absence or inability, he] During the absence of the mayor or the inability of the mayor to act, the vice president of city council shall be the acting mayor who shall exercise all the rights and powers of the mayor. In the event of a vacancy in the office of the mayor by reason of death, resignation[,] or otherwise, the vice president of council shall, in like manner, act as the mayor and shall, while acting as mayor, receive the compensation of mayor but not [of director of accounts and finance or councilman during such incumbency] any compensation as a council member, until the successor of the mayor is duly [elected] appointed and qualified [as hereinbefore provided] in accordance with section 901. In case of the absence or inability of the [director of accounts and finance to act] vice president of council to act as mayor, the council shall designate another one of its members to act as mayor.

Section 91.  Article XII-A heading of the act, added July 7, 2011 (P.L.307, No.75), is reenacted to read:

ARTICLE XII-A

CITY ADMINISTRATOR OR MANAGER

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

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

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

Section 1202-A.  Appointment; selection; removal.

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

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

Section 1203-A.  Employment agreement.

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

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

Section 1204-A.  Residency and elective city office.

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

Section 1205-A.  Powers and duties.

(a)  Powers and duties generally.--Council may, by ordinance, vest in the city administrator powers and duties relating to the general management of city business and to the enforcement of city ordinances and regulations. The powers and duties conferred upon a city administrator in accordance with this section shall not be construed as diminishing powers granted to other city officers by statute or ordinance.

(b)  Specific powers.--The powers and duties that may be conferred upon a city administrator by council may include, but shall not be limited to, any or all of the following:

(1)  To be the chief administrative officer of the city responsible to the city council as a whole for the proper and efficient administration of the affairs of the city.

(2)  To direct and supervise the administration of all departments and functions of the city, except as otherwise provided by ordinance or law.

(3)  Except as otherwise provided by this act, to appoint city employees on the basis of merit system principles and suspend, remove or otherwise discipline employees, subject to the following:

(i)  The city administrator may make recommendations to council concerning appointments or removals at the department head level.

(ii)  Prior to any action being taken with regard to appointments or removals at the department head level, the city administrator shall confer with council.

(iii)  Council must confirm appointments or removals at the department head level.

(4)  To designate a qualified administrative officer of the city to perform the city administrator's duties during the city administrator's temporary absence or disability. In the event the city administrator fails or is unable to make such designation, or, if the absence or disability continues more than 30 days, the council may, by resolution, appoint an officer of the city to perform the duties of the city administrator during the city administrator's absence or disability until the city administrator is able to return to work.

(5)  To negotiate contracts for the city, subject to the approval of city council, make recommendations concerning the nature and location of municipal improvements and execute municipal improvements as determined by the city council.

(6)  To see that all terms and conditions imposed in favor of the city or its inhabitants in any statute, franchise or contract are faithfully kept and performed, and upon knowledge of any violation, call the same to the attention of the city council.

(7)  To attend all meetings of the city council with the right to take part in the discussions, but without the right to vote.

(8)  To recommend to the city council for adoption such measures as the administrator may deem necessary or expedient, keep the council advised of the financial condition of the city and make reports to the council as requested by it.

(9)  To investigate at any time the affairs of any officer or department of the city that is under the administrator's jurisdiction.

(10)  To prepare and submit the annual city budget for review and approval by the city council. The recommended budget shall be submitted to city council for its review no later than the last stated meeting in November. The budget so submitted shall be accompanied by an enabling ordinance, together with such explanatory comment or statement as the administrator may deem desirable. The budget document shall be in such form as is required by law for city budgets and shall contain such additional documentation or explanation of the various items of expenditure and revenue as may be required by council.

(11)  To perform such other duties as may be designated by the city council in the enabling ordinance.

Section 95.  Article XIII heading of the act is repealed:

[ARTICLE XIII

CITY CLERK]

Section 96.  Sections 1301, 1302 and 1303 of the act are repealed:

[Section 1301.  Appointment; Compensation; Removal.--The council of each city shall appoint a city clerk on the first Monday of May, one thousand nine hundred and fifty-two, and on the first Monday of May every fourth year thereafter, and fix his compensation by ordinance. He shall serve for a term of four years and until his successor is duly appointed and qualified.

Section 1302.  Power to Administer Oaths; Duties.--The city clerk shall have the power of a notary public to administer oaths in any matter pertaining to the business of said city, or in any legal proceeding in which it is interested. He shall also perform such other duties as shall be prescribed for his office by law, ordinance or resolution of council.

Section 1303.  Records Open to Inspection.--The records and documents of city council of every city shall be kept in the office of the city clerk and shall be open to the inspection of any taxpayer thereof, his, her, or its agent, upon demand therefor during office hours.]

Section 97.  Article XIV heading of the act is reenacted to read:

ARTICLE XIV

THE CITY TREASURER

Section 98.  Section 1401 of the act, amended July 27, 1973 (P.L.229, No.59), is amended to read:

Section 1401.  Qualifications.--The city treasurer shall be [a competent] an accountant, at least twenty-one years of age[,] and shall have been a resident of the city for at least one year [next prior to his] before the person's election. [He] The elected treasurer shall reside in the city throughout [his] the treasurer's term of office. Prior to being sworn into office and as a condition to qualifying for office, the elected treasurer shall present a signed affidavit to the city clerk that states the person resides in the city from which elected and has resided in the city continuously for at least one year preceding the person's election.

Section 99.  Section 1402 of the act, amended July 2, 1953 (P.L.318, No.67), is amended to read:

Section 1402.  Bond; Insurance; Salary.--[The city treasurer shall give lawful fidelity bond to the Commonwealth, with a surety company authorized by law to act as surety, to be approved by the city council, in such sum as it may by ordinance direct, conditioned for the accounting for and paying over all moneys received by him in his capacity as city treasurer and the safekeeping and payment over of all public moneys entrusted to his care, and that as tax collector of city, county, institution district, and school taxes he shall account for and pay over all moneys received by him as taxes, penalties and interest. The city treasurer shall in addition furnish adequate insurance protection against any and all losses of said funds through fire, burglary, larceny, theft, robbery or forgery. Such insurance shall be approved by the city council in such sum as it may by ordinance direct. The city treasurer and his surety shall be discharged from further liability on any bond as tax collector, as soon as all tax items contained in the duplicates delivered to him are either: (1) collected and paid over, or (2) certified to the city council for entry as liens in the office of the prothonotary, or as claims in the tax claim bureau, as the case may be, or (3) returned to the county treasurer or city treasurer for sale, or (4) in the case of taxes, not levied upon real estate, a record of those which remain uncollected is filed with the tax authority. The city treasurer shall be required to give, in addition to insurance as aforesaid, but one bond which shall include his duties as city treasurer and collector of city, county, institution district, and school taxes, and shall cover the full term of his office. Should any of the taxing districts be of the opinion at any time that the bond and insurance as aforesaid provided by the city treasurer is not sufficient in amount as to the surety and insurance thereon, the said taxing district may petition the court of quarter sessions having jurisdiction in the city to have the city treasurer furnish additional bond and insurance as aforesaid. Thereupon, the city treasurer shall furnish such additional bond and insurance, if any, as the said court may prescribe. The premium of the bond or bonds and insurance shall be paid by the city or shared pro rata by the taxing districts interested, as the case may be, according to their respective tax interests. The treasurer shall not in any event be required to provide bond or bonds and insurance in an amount in excess of the taxes to be collected by him. The bond or bonds and insurance provided by the city treasurer shall or be for the use of the city and the taxing districts involved. He shall, as city treasurer, receive a fixed annual salary, to be provided by ordinance. His compensation as tax collector for the city, county, institution district and school district shall be as provided for in the Local Tax Collection Law.] (a)  The city treasurer shall give lawful fidelity bond, covering the full term of office, for the faithful performance of official duties, including duties as tax collector of city, county, institution district and school taxes. In addition to being subject to such other conditions as council may direct, the bond of the city treasurer shall be conditioned upon the following:

(1)  The accounting for and paying over of all moneys received as city treasurer.

(2)  The accounting for and paying over of all moneys received, including taxes, penalties and interest, as tax collector of city, county, institution district and school taxes.

(3)  The safekeeping and payment over of all public moneys entrusted to the treasurer's care.

(b)  Council may require two bonds from the city treasurer:

(1)  A bond for the faithful performance by the city treasurer of official duties other than those of tax collector.

(2)  A bond covering the duties of the city treasurer as collector of city, county, institution district and school taxes.

In lieu of the bond required for the faithful performance by the city treasurer of official duties other than those of tax collector, council may purchase insurance, provided that the insurance covers the same events of loss and insures the county against the same misconduct as the bond in compliance with this act.

(c)  The city treasurer and the treasurer's surety shall be discharged from further liability on any bond as tax collector, as soon as each of the tax items contained in the duplicates delivered to the city treasurer has been:

(1)  collected and paid over;

(2)  assigned to third party assignees;

(3)  certified to the city council for entry as liens in the office of the prothonotary or as claims in the tax claim bureau, as the case may be;

(4)  returned to the county treasurer or city treasurer for sale; or

(5)  in the case of taxes not levied upon real estate, a record of those which remain uncollected has been filed with the tax authority.

(d)  Council may require the city treasurer to be covered by insurance protection in accordance with section 907(c).

(e)  Should any of the taxing districts be of the opinion at any time that the bond or insurance provided by the city treasurer is not sufficient in amount, the taxing district may petition the court of common pleas having jurisdiction in the city to have the city treasurer furnish additional bond and insurance. Thereupon, the city treasurer shall furnish additional bond and insurance, if any, as the court may prescribe. The premium on the bond or on the bonds and insurance shall be shared pro rata by the taxing districts interested, as the case may be, according to their respective tax interests pursuant to the act of May 25, 1945 (P.L.1050, No.394), known as the "Local Tax Collection Law." The treasurer shall not in any event be required to provide bond or bonds and insurance in an amount in excess of the taxes to be collected by the treasurer. The bond or bonds and insurance provided by the city treasurer shall be for the use of the city and the taxing districts involved.

(f)  The city treasurer shall receive a fixed annual salary to be provided by ordinance. Compensation as tax collector for the city, county, institution district and school district shall be as provided for in the "Local Tax Collection Law."

Section 100.  The act is amended by adding sections to read:

Section 1402.1.  City Treasurer to be Tax Collector.--Except as otherwise provided by the act of December 31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act," the city treasurer, by virtue of the treasurer's office, shall be the collector of the city, county, school and institution district taxes assessed or levied in the city by the proper authorities therein. As tax collector, the city treasurer shall maintain and keep an office which may be the same as that of the city treasurer for the purpose of receiving taxes during regular business hours.

Section 1402.2.  Date of Delivery of Duplicate; Collection.--The council of each city and the county and county institution district authorities, now empowered or which may be hereafter empowered to levy taxes upon persons and property within the city, shall, within thirty days after the adoption of the budget or within thirty days after receipt of the assessment roll from the county, whichever is later, make out and deliver their respective duplicates of taxes assessed to the city treasurer to be collected. The proper school authorities shall make out and deliver the school duplicates of their respective taxes in such city at the time and in the manner provided by the school laws of this Commonwealth. All duplicates of taxes provided to or received by the treasurer shall at all times be open to proper inspection of the public and of the proper auditing and examining officers of the city, county or school district, as the case may be, and shall be delivered by the treasurer at the expiration of the treasurer's term to the treasurer's successor.

Section 1402.3.  Tax Liens; Schedule of Uncollected Taxes; Liability for False Return.--Upon the settlement of the duplicates of city, county, institution district and school taxes which by law are made a lien on real estate, the city treasurer as collector of taxes shall make out schedules of the city, county, school or institution district taxes uncollected upon the duplicates with a brief description of the properties against which the same are assessed, for the purpose of having the same entered for lien or sold according to law. The failure of the city treasurer to collect the taxes from personal property, when the same could have been collected, shall not impair the lien thereof or affect any sale made for the collection thereof. In case the city treasurer shall make any wilfully false return, the city treasurer shall be liable to any person or persons injured thereby.

Section 101.  Sections 1403, 1404, 1405, 1406, 1407 and 1408 of the act are amended to read:

Section 1403.  Receipt and Payment of Moneys; Daily Transmittal of Receipts; Duplicates.--The city treasurer shall demand and receive all moneys payable to the city from [whatever source, and shall issue a receipt in every case to the person making such payment, and shall pay all warrants duly countersigned by the director of accounts and finance and the city controller] such sources as the city council may, from time to time, entrust to the city treasurer and shall issue a receipt when requested in every case to the person making such payment and shall pay all documents authorizing payment duly countersigned. All receipts for money received on behalf of the city by the treasurer shall be numbered serially and made in duplicate at least, and all such duplicates shall daily, not later than the next succeeding business day, be transmitted by the city treasurer to the city controller.

Section 1404.  Method of Keeping Accounts.--The accounts of the city treasurer shall be kept in such manner as to clearly exhibit all the items of receipts and expenditures of the city, [and] the sources from which the moneys are received and the objects for which the same are disbursed. [He] The city treasurer shall keep separate and distinct accounts of the receipts and expenditures of the city, including, but not limited to, the sinking fund, and [the water and lighting] each department[, respectively] providing a utility service, and also of every special fund [which may come into his hands].

Section 1405.  Moneys Appropriated Only to be Paid Out.--No money shall be paid out of the city treasury unless the same shall have been previously approved, duly authorized and appropriated by council to the purpose for which it is to be drawn, which shall be explicitly mentioned in the [warrant therefor] document authorizing payment.

Section 1406.  Depositories of City Funds Entrusted to the Treasurer by City Council.--The treasurer shall keep the public funds in [such] banks or financial depositories as council may direct, under [such] restrictions and safeguards as council may provide, and shall verify [his] the treasurer's accounts whenever required, to the satisfaction of council.

No treasurer complying with the provisions of this section and any ordinance of the city, nor [his] the treasurer's surety or sureties, shall be chargeable with losses of city funds caused by the insolvency or negligence of any [such] city depositories.

Section 1407.  Delivery of City Property in [His] Treasurer's Possession to Successor.--The city treasurer shall, upon [the termination of his] leaving office, deliver to the city or to [his] the treasurer's duly qualified successor all moneys, accounts, property or effects in [his] the treasurer's possession belonging to the city.

Section 1408.  [Assistants and Employes.--] Appointment of Deputy Treasurer and Employes; Powers; Responsibility.--(a)  The city treasurer [shall] may appoint [all] the following:

(1)  A deputy treasurer who, in the case of the sickness, absence or inability of the city treasurer to act, shall have the same powers and shall perform the same duties as are imposed by law upon the city treasurer and such appointment shall be in compliance with the requirements of the act of May 25, 1945 (P.L.1050, No.394), known as the "Local Tax Collection Law."

(2)  All the assistants and employes of [his] the city treasurer's office, whose number and compensation shall be fixed by council[,] and who, in all other respects, shall be considered as employes of the city.

(b)  All persons appointed pursuant to this section shall be covered by a bond, blanket bond or insurance in accordance with section 907.

Section 102.  Article XV heading of the act is reenacted to read:

ARTICLE XV

THE CITY ENGINEER

Section 103.  Article XV subdivision (a) heading of the act is repealed:

[(a)  General Provisions]

Section 104.  Sections 1501, 1502, 1503, 1504 and 1505 of the act are amended to read:

Section 1501.  [Election of the City Engineer; Term; Bond; Filling of Vacancies.--The council of each city shall, on the first Monday of May, one thousand nine hundred and fifty-two, and on the first Monday of May every fourth year thereafter, or as soon thereafter as practicable in each of said years, appoint a city engineer, who shall be a registered engineer in civil engineering. He shall serve for a term of four years from the said first Monday of May and until his successor is qualified. He shall receive a fixed annual salary to be provided by ordinance. He shall give lawful bond to the city, with a surety or other company authorized by law to act as surety, to be approved by council, in such sum as it shall by ordinance direct, conditioned for the faithful performance of his official duties. Vacancies in said office shall be filled by council for the unexpired term.] Appointment of City Engineer.--Council shall provide for the manner of appointment and compensation of the city engineer, who shall be a registered professional engineer in this Commonwealth and shall serve at the pleasure of council. Nothing contained herein shall prohibit council from designating an engineering firm of registered professional engineers from performing the duties and functions of the city engineer.

Section 1502.  Control of Engineering Matters.--The city engineer shall have the [superintendence, direction and control of the engineering matters of the city, and no department of the city shall employ or retain any additional engineer, except with the previous assent of council. Assistants and employes in the office of the city engineer shall be appointed in accordance with the civil service provisions of this act. The provisions of this article shall not apply to any board of commissioners of water-works of any city wherein the title to the water-works therein located is in the name of the commissioners of water-works.] supervision, direction and control of the engineering matters of the city, and no department of the city shall employ or retain any additional engineer, except with the previous assent of council.

Section 1503.  Duties[; Preparation of Plans.--The city engineer shall perform such duties as the council shall prescribe with reference to the construction, reconstruction, maintenance and repair of all streets, pavements, sewers, bridges, culverts and other engineering work. He shall prepare plans, specifications, and estimates for all such work undertaken by such city, and shall, whenever required, furnish council, the committees thereof, the mayor, public boards, or heads of departments, with reports, information or estimates on any city engineering work, or on questions submitted by any of them in their official capacity.].--As authorized by council, engineering work undertaken by the city shall be performed or supervised by the city engineer or by another registered professional engineer employed by the city for a particular purpose. The duties of the city engineer may include, but need not be limited to, the following:

(1)  Preparing plans, specifications and estimates and undertaking other engineering work related to constructing, reconstructing, maintaining and repairing streets, pavements, sewers, bridges, culverts and other municipal improvements.

(2)  Making reports, giving estimates, supplying information and responding to questions concerning city engineering work to city officials and employes, provided that council may regulate the manner, number and method of making these requests.

(3)  Conducting, supervising or directing surveys relating to city property and improvements authorized by law or as directed by council.

(4)  Preparing a topographical survey of the city or a general plan of city streets, marking the lines of streets, both those already opened and those intended to be opened for public use, as council may deem necessary.

(5)  Surveying, making a draft or plan of and laying out new or proposed streets, as council may deem necessary.

(6)  Reporting a grade for any proposed or new streets, as council may deem necessary.

(7)  Making reports, from time to time, as deemed expedient by the city engineer or as council shall direct, of the surveys and plans of city streets in convenient sections without awaiting the completion of the entire survey.

(8)  Keeping and maintaining books and records, and providing for certified copies of the same, as may be directed or authorized by council or required by law.

Section 1504.  [Certificate of Commencement and of Completion of Municipal Improvements.--The city engineer shall immediately after the completion of any municipal improvement, the cost and expense of which, in whole or in part, is to be paid by the abutting property, make certificate in which he shall state the day or time on which the particular improvement was completed, and shall file the same with the city clerk, who shall enter the said day or time of completion in a book to be kept by him for said purposes; and the said day or time mentioned in said certificate shall be conclusive on all parties as to the time the said work was completed. The time of completion of the work, referred to in this section and in other parts of this act, shall be taken to mean the time of the completion of the whole contract for the improvement. He shall also furnish to the city clerk a certificate showing the time on which any such particular improvement was commenced, and such certificate shall be conclusive evidence of the time when the said improvement was begun. An entry of such date shall be made by said clerk in the books aforesaid.] Certifying Commencement and Completion of Municipal Improvements.--Within a reasonable time after the completion of any municipal improvement, the cost and expense of which, in whole or in part, is to be paid by the abutting property owner or owners, the city engineer, or employes designated by the city engineer, shall certify the day or time on which the particular improvement was commenced and the day or time on which the particular improvement was completed, shall file the same with the city clerk who shall maintain a centralized book or listing of certificates of commencement and completion, and shall provide notice of the filing to the city solicitor. The day or time of completion of the work, referred to in this section and in other parts of this act, shall mean the time of the completion of the whole contract for the improvement. Information filed with the clerk certifying the day or time of the commencement and completion of the work shall be conclusive evidence of the day or time when the improvement was begun and completed.

Section 1505.  [Surveys.--The city engineer shall have the charge and direction of all surveys and regulations authorized by any act of Assembly, or ordinance of such city, and shall perform such other duties as council shall direct.] Surveys; Entering Upon the Lands of Others.--For the purposes of carrying out authorized surveys, laying out streets or of other engineering work of the city, the city engineer or other persons engaged in city engineering work shall have full power and authority to enter upon the lands and premises of any person or persons within the city.

Section 105.  Article XV subdivision (b) heading, sections 1515, 1516, 1517, 1518, 1519, 1520 and 1521, subdivision (c) heading and sections 1530, 1531, 1532, 1533, 1534, 1535, 1536, 1537 and 1538 are repealed:

[(b)  Real Estate Registry

Section 1515.  Council to Provide for Registry of Real Estate.--For the purpose of procuring accurate information in reference to the ownership of all real estate, the council of each city shall provide, by ordinance, for a registry thereof in accordance with this subdivision.

Section 1516.  Preparation of Books, Plans and Maps.--The city engineer of any city in which such registry shall be established shall cause to be made all such necessary books, maps and plans as will show the situation and dimensions of each property therein, which books, maps or plans shall be so prepared as to show the city number, and name of the owner or owners thereof, with blank spaces for the owner of each lot, with provision for the names of future owners, and dates of future transfer of title. For such purpose, the city engineer shall have free access, without charge, to any of the public records wherein the necessary information may be obtainable therefor. He may also cause search to be made in any other place for any muniments or evidence of title, not reported to him as hereinafter provided, and requisite for the completion of said books, maps or plans.

Section 1517.  Preservation of Records.--The said books, maps and plans shall be carefully preserved in the office of the engineer, and shall be so kept, by additions from time to time, or otherwise, as to show the ownership of every lot or piece of real estate, or subdivision thereof, within the city limits, with the successive transmissions of title, from the date of the commencement of such plans; but nothing herein or in this article shall invalidate any municipal or tax claim by reason of the fact that the same is not assessed or levied against the registered owner.

Section 1518.  Certified Copies of Entries Admissible as Evidence.--Certified copies, signed by the city engineer, of any of the entries in said books, or upon said maps or plans, shall be received in evidence in the same manner as the books, maps and plans themselves might be admissible for such purposes; and may be also furnished to any person desiring the same, for such fee or compensation for the use of the city as may be fixed by ordinance.

Section 1519.  Duties Imposed on Owners of Real Estate when Registry Established; Penalty.--All owners of unregistered real estate within the city limits, within thirty days from the date of the approval of the ordinance establishing such registry, and every subsequent purchaser, devisee, or person acquiring title by partition or otherwise, to any real estate therein, within thirty days after acquiring such title, shall furnish to the said engineer, at his office, descriptions of their respective properties, upon blanks to be furnished by the city, and, at the same time, present their conveyance to be stamped by said engineer, without charge, as evidence of the registration thereof. Any person or persons neglecting or refusing to comply with the provisions of this section, for a period of thirty days after public notice of the requirements thereof, shall be liable to a penalty of five dollars, to be recovered, with costs of suit, in the name and for the use of the city, as penalties for the violation of city ordinances are recoverable: Provided, however, That such registration may within said thirty day period be also effected by the recorder of deeds of the county, in accordance with existing law.

Section 1520.  Registry of Properties Sold at Judicial Sales.--The sheriffs of the respective counties in which such cities are situated shall present for registry the deeds of all properties within the city limits sold by them at judicial sales, whether by execution, in partition, or otherwise.

Section 1521.  Filing of Municipal Claims.--Each city's registry may be used as the lawful and proper source of property owners' or reputed owners' names for the purpose of filing municipal claims as liens or of reviving municipal liens.

(c)  Topographical Survey

Section 1530.  Council May Authorize Topographical Survey.--Any city may, by ordinance, cause a topographical survey thereof, to be made by its city engineer, or by such other civil engineer and assistants as they may employ for that purpose.

Section 1531.  Plan of Streets and Highways; Surveys; Grades.--The city engineer, upon being duly authorized, shall procure and keep in his office such necessary plot or other books as shall be necessary for the purpose of entering or recording thereon all the streets and highways of the city, already opened or to be hereafter opened. He shall survey and mark the lines of all the streets and highways of the city, already opened or intended to be opened for public use, and survey and lay out new streets and highways, as council may deem necessary, for a regular and convenient city plan, and, if specially directed, he shall report a grade for any proposed new streets. For the said purposes, the city engineer and his assistants or any other person engaged in such engineering work for the city shall have full power and authority to enter upon the lands and premises of any person or persons within the said city.

Section 1532.  Return of Draft of Completed Survey to Council; Inspection.--When the survey shall be completed, the said engineer shall make or cause to be made a draft or plan thereof, with every provision and explanation necessary for a full understanding of the same, distinctly designated where new streets and highways are thereafter to be opened, and shall return the same to the council. It shall remain in the office of the city clerk, and open to inspection by those interested, until finally approved as hereinafter provided.

Section 1533.  Notice of Return; Objections; Alterations; Approval; Recording.--Council shall give at least thirty days' previous notice by publication once in at least two newspapers of general circulation, if there be that many, as required by section one hundred and nine of this act, and by posting at least ten handbills upon lands or territory contained in the map or plan returned for approval, that on a certain day or days, to be fixed by the said council, the said council will hear any objection that may be made to said draft or plans by any freeholder or citizen of said city, or interested person. The council at the time appointed, or at any subsequent time within three months, shall determine whether any and what alterations shall be made in the said plan or draft. When the same is finally approved, whether as returned or as altered and changed, said council may direct that the same be entered and recorded in the plot-book of street plans, in the office of the city engineer.

Section 1534.  Notation of Grades on Plans.--In case the city engineer is directed to report grades for said streets or highways, the same shall be noted on said draft or plan, and be returned with his surveys; and said grades shall be subject to alterations and changes by council, in the manner aforesaid; and when approved by the said council shall become part of the plans, and be entered and recorded as aforesaid.

Section 1535.  Effect of Recording.--Upon the recording of such plan or draft in the street plan book, and the passage of an ordinance approving said street drafts or plans and grades, or of either, as the case may be, therein designating the book and page, or pages, at or in which the said plan or plans are recorded, thereafter all the streets and highways, as designated upon said approved plan and recorded as aforesaid, shall be adjudged and taken to be laid out and located streets and highways.

Section 1536.  Deviation from Established Plans; Liability of City.--In case the council shall thereafter change or alter, or should they by themselves or their officers deviate from the regulations of the streets or highways, so as aforesaid established, and damages thereby accrue to the property of any person or persons in consequence thereof, the said city shall be liable for the payment of such damages.

Section 1537.  Sectional Surveys.--Sectional surveys or drafts may be returned to the council by said engineer at any time, and be confirmed as aforesaid, and with like force and effect.

Section 1538.  Reports of Partial Surveys; Confirmation.--The said engineer may, from time to time as he shall deem expedient and the said council shall direct, make report of the surveys, plans and regulations by him made, in convenient sections, without awaiting the completion of the entire survey, and shall make duplicate drafts and plans of said section in the manner hereinbefore prescribed. The same proceedings shall be had for the final confirmation of such partial or sectional drafts and plans as is herein directed in relation to the confirmation of the entire survey, and with like effect and force.]

Section 106.  Article XVI heading of the act is reenacted to read:

ARTICLE XVI

THE CITY SOLICITOR

Section 107.  Sections 1601, 1602, 1603 and 1604 of the act are amended to read:

Section 1601.  Appointment of City Solicitor[; Term; Compensation; Bond; Filling of Vacancies.--The council of each city shall, on the first Monday of May, one thousand nine hundred and fifty-two, and on the first Monday of May every fourth year thereafter, or as soon thereafter as practicable in each of said years, appoint a city solicitor, who shall be learned in the law and admitted to practice in the Supreme Court of the Commonwealth, and shall maintain an office in the city. He shall serve for a term of four years from the said first Monday of May and until his successor is qualified. He shall receive a fixed annual salary to be provided by ordinance. He shall give lawful bond to the city, with a surety or other company authorized by law to act as surety, to be approved by council, in such sum as they shall by ordinance direct, conditioned for the faithful performance of his official duties. Vacancies in said office shall be filled by council for the unexpired term.].--Council shall provide for the manner of appointment and compensation of the city solicitor, which may be a law firm.

Section 1602.  Direction of [Law] Legal Matters.--The city solicitor shall have the [superintendence,] direction[,] and control of the [law] legal matters of the city. No department of the city shall employ or retain any additional counsel in any matter or cause, except with the [previous] prior assent of council.

Section 1603.  Duties.--The city solicitor shall [prepare] oversee the preparation of all bonds, obligations, contracts, leases, conveyances[,] and assurances to which the city or any department thereof may be party, as may be directed by resolution or ordinance, and shall [commence and prosecute] oversee the commencement and prosecution of all and every suit or suits, action or actions, brought by the city, and the filing of municipal claims and liens, for or on account of any of the estates, rights, trusts, privileges, claims[,] or demands[,] of the same, as well as [defend] oversee the defense of all actions or suits against the [said] city or any officer thereof, wherein or whereby any of the estates, rights, privileges, trusts, ordinances, or acts of the city or any department thereof, may be brought in question before any court. [He] The city solicitor shall have like duties before any administrative agency or other judicial or quasi-judicial body. [He] The city solicitor shall do all and every professional act incident to the office which [he] the city solicitor may be lawfully authorized and required to do by the mayor, or by any ordinance or resolution of the council, and shall perform such other duties as council may direct.

Section 1604.  Written Opinions to be Furnished.--[The city solicitor shall, whenever required, furnish the council, the mayor, or any elected city official, with his opinion, in writing, upon any question of law which may be submitted by any of them in their official capacities.] (a)  Subject to regulation by council in accordance with subsection (b), the city solicitor shall furnish a written opinion on questions of law submitted, in their official capacities, by any of the following:

(1)  The council.

(2)  The mayor.

(3)  Any other elected city official.

(4)  Any appointed city official designated by council as authorized to request a written legal opinion.

(b)  The city council may provide for the regulation of the manner in which questions are presented to the city solicitor by any elected or appointed city official and may limit the questions submitted in such manner as the city council may direct.

Section 108.  Sections 1605 and 1606 of the act are repealed:

[Section 1605.  City Lien Docket.--The city solicitor shall keep in his office a city lien docket, which shall be open to public inspection, and in which he shall cause to be entered all claims for curbing, paving, or repaving sidewalks, assessments of damages, contributions for opening streets, or parts thereof, for grading, paving, and macadamizing the same, for water and lighting frontage tax and water and lighting rates, sewerage, city taxes, and other matters that may be the subject of claim on the part of the city, which have or shall be returned to the solicitor as remaining due and unpaid after the period prescribed by law or ordinance for the payment of such claims. Nothing contained herein shall be deemed to alter or replace the administration and effect of the Real Estate Tax Sale Law in any city wherein said law is in operation.

Section 1606.  Department Heads to Furnish Statements of Claim.--It shall be the duty of the head of each department, wherein any such claim shall originate, to furnish to the city solicitor, within the period prescribed by law or ordinance, a statement of all claims for curbing, paving, et cetera, which remain due or unpaid, a certified copy of which the said heads of departments shall at the same time furnish to the director of accounts and finance.]

Section 109.  Section 1607 of the act is amended to read:

Section 1607.  Satisfaction of Liens Due City.--Upon the payment of any lien or other debt of record due the city, to any city employe or city official or other person authorized to receive the [same] payment, that person shall [forthwith forward to the city solicitor a satisfaction piece therein], as soon as practicable, notify the city solicitor; and it shall be the duty of the city solicitor or [his assistant forthwith] the solicitor's designee, as soon as practicable, to cause satisfaction to be entered upon the proper record [thereof] of the lien or debt of record.

Section 110.  Section 1608 of the act is repealed:

[Section 1608.  Return and Payment of Money and Fees Received.--The city solicitor shall, at least once in every month, make a return to the director of accounts and finance, under oath or affirmation, of each item of moneys received by or through him, or his assistants, by virtue of his office, or on account of any matter connected therewith. Immediately upon making such return, he shall pay over the amount in his hands to the city treasurer. He shall, in like manner, pay into the city treasury all fees received by him in his official capacity, but this provision shall not be taken to include the judgment fee or commission allowed him in his capacity of attorney.]

Section 111.  Sections 1609 and 1610 of the act are amended to read:

Section 1609.  Assistant Solicitor.--[The council of each city may] Council may, at its discretion, appoint one or more assistant city solicitors[, whose term of office shall be concurrent with that of the city solicitor, and whose] to assist the solicitor in the performance of all duties and shall provide for the compensation [shall be fixed by resolution, and who shall assist the solicitor in the performance of all duties prescribed for him] of assistant solicitors by resolution.

Section 1610.  Special Counsel.--Council may, at its discretion, retain special counsel for particular proceedings or matters of the city and [fix his] shall provide for the compensation of special counsel by resolution.

Section 112.  Article XVII heading of the act is amended to read:

ARTICLE XVII

THE CITY CONTROLLER AND INDEPENDENT AUDITOR

Section 113.  Article XVII of the act is amended by adding a subdivision heading to read:

(a)  City Controller

Section 114.  Section 1701 of the act, amended July 27, 1973 (P.L.234, No.62), is amended to read:

Section 1701.  Qualifications; Bond; Compensation.--(a)  The city controller shall be [a competent] an accountant, at least twenty-one years of age, shall have been a resident of the city for at least one year [next before his election,] before the person's election and shall reside in the city throughout [his] the person's term of office. Prior to being sworn into office and as a condition to qualifying for office, the elected city controller shall present a signed affidavit to the city clerk that states the person resides in the city from which elected and has resided in the city continuously for at least one year immediately before the person's election.

(b)  The city controller shall give bond in accordance with section 907 for the faithful performance of official duties as the city controller. The bond shall cover the full term of office and shall be conditioned upon the following:

(1)  The accounting for and paying over of all moneys received as city controller.

(2)  The safekeeping and payment over of all public moneys entrusted to the controller's care.

(c)  The city controller shall receive a fixed annual salary, to be set by ordinance, in an amount not less than the compensation paid to members of council.

Section 115.  Sections 1702 and 1703 of the act are repealed:

[Section 1702.  Bond.--He shall give lawful bond to the city, with a surety or other company authorized by law to act as surety, to be approved by the council, in such sum as it may by ordinance direct, conditioned for the honest and faithful discharge of his official duties.

Section 1703.  Compensation.--He shall receive a fixed annual salary, to be provided by ordinance, which shall not be less than the compensation paid to members of council.]

Section 116.  Section 1704 of the act, amended May 6, 1957 (P.L.100, No.42) and December 14, 1967 (P.L.828, No.355), is amended to read:

Section 1704.  [Examination and Audit of Accounts.--(a)] Powers and Duties.--(a)  The city controller shall countersign all documents authorizing the payment of moneys out of the city treasury when satisfied of the legality of the payment.

(b)  The city controller shall have the power to administer oaths or affirmations in relation to any matter touching the authentication of any account, claim or demand of or against the city, but shall not receive any fee therefor.

(c)  The city controller shall have the power to examine[, audit and settle all] the following accounts:

(1)  All accounts whatsoever in which the city is concerned, either as debtor or creditor[, and shall also, annually or as often as he desires or is directed to do so by council, examine and audit the].

(2)  The accounts of all city bureaus, officers, and departments which collect, receive[,] and disburse public moneys[,] or who are charged with the management, control[,] or custody thereof[, and in every case he shall make report of such examination, audit and settlement to the council. He shall likewise audit and report upon the].

(3)  The accounts of [any such] a city officer upon the death, resignation, removal or expiration of the term of the [said officers] officer. [He shall likewise audit and report upon the]

(4)  The accounts of any library to which the city makes appropriations, [those of] any institution owned by the city, and [those of] Pennsylvania National Guard units to which the city makes appropriations.

[(b)  He shall likewise audit, or with the consent of council cause to be made by an accountant an annual audit of, all the accounts of any municipal officer in any department of the city government who may be charged with the duty, or who may perform the services, of receiving and disbursing the funds of any association, society, or organization of municipal employes or persons, directly or indirectly connected with the municipal government, for the benefit, relief, or pensioning of firemen, policemen, or other municipal employes or persons as aforesaid.

(c)  All such audits shall be made within as short a time as possible after the close of the fiscal year, and be annually reported to council at its first meeting in March, as other reports of the controller are made, and shall be filed with the court of quarter sessions within ninety days of the close of the fiscal year.

(d)  Council may provide for an audit of any or all accounts by an independent certified public accountant.

(e)  Brief abstracts or summaries of the reports of such accounts and financial statements or such other reports thereof as council may require shall be published at least once a week for two weeks in one newspaper, in accordance with the provisions of section one hundred and nine of this act. The expense and cost of such publication shall be paid out of the funds of the various associations, organizations, or societies, as their other expenses are paid.]

(f)  In the same manner in which subpoenas may be issued and enforced, in accordance with section 917, the city controller shall have power to issue and pursue enforcement of subpoenas to obtain the attendance both of officers whose accounts the controller is authorized to examine and of any person or persons whom it may be necessary to examine as witnesses.

(g)  The city controller may present council with annual or periodic statements concerning the results of the controller's examination of accounts, which shall be public records pursuant to the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

Section 117.  The act is amended by adding sections to read:

Section 1704.1.  Deputy Controller; Employes.--The controller may appoint a deputy controller and may select individuals to serve as assistants and employes in the controller's office. The number of the assistants and employes permitted, if any, shall be fixed by council. Assistants and employes in the controller's office shall, in all other respects, be considered employes of the city. A deputy controller, assistants and employes appointed under this section shall be bonded, and their compensation shall be fixed by council.

Section 1704.2.  Temporary Deputy Controller.--In case of the sickness, absence or inability of a city controller, and when no deputy shall have been appointed by the controller, the council may appoint a temporary deputy controller to serve during the sickness, absence or inability of the controller, or until the controller shall appoint a deputy. A temporary deputy controller shall be bonded and receive the compensation fixed by council.

Section 1704.3.  Continuation of Office.--The appointment of an independent auditor in accordance with subdivision (b) shall not abolish the office of controller. The elected controller shall continue to exercise those powers retained for the controller in this subdivision.

Section 118.  Article XVII of the act is amended by adding a subdivision heading to read:

(b)  Independent Auditor

Section 119.  The act is amended by adding sections to read:

Section 1704.11.  Appointment of Independent Auditor.--The council shall provide, by resolution, for the appointment of an independent auditor. The independent auditor may be a certified public accountant or a firm of certified public accountants.

Section 1704.12.  Powers and Duties of Independent Auditor.--(a)  The independent auditor shall conduct an annual audit of all accounts of city officers, departments and offices which collect, receive and disburse public moneys and other funds or are charged with the management, control or custody thereof on which the independent auditor is required to report pursuant to this subdivision. The annual audit, as directed by council, shall also include any accounts subject to examination by the controller pursuant to subdivision (a).

(b)  The independent auditor shall have and possess the powers expressly provided in this subdivision and, in relation to accounts which the independent auditor is authorized to audit, shall have the same power as the city controller to issue subpoenas to obtain the attendance of officers and witnesses.

Section 120.  Section 1705 of the act, amended March 2, 1970 (P.L.71, No.31), is amended to read:

Section 1705.  Annual Report to Council; Filing Copy in Court and Appeal [Therefrom].--(a)  The [city controller] independent auditor appointed in accordance with this subdivision shall make a report to council, at [its] council's first meeting in March in each year, of the audits [which he shall have] made of the accounts of the officers having charge, custody, control or disbursement of such public moneys and other funds, showing the balance in their hands respectively, and, within ninety days of the close of the fiscal year, the [city controller] independent auditor shall file a copy of the [said] annual report to council with the clerk of the court or the prothonotary, as may be provided by local rules of court.

(b)  The independent auditor shall also prepare, annually, an intelligible summary of the report or reports made pursuant to this section, showing the fiscal condition of the affairs of the city. Council may require advisory interim reports from the independent auditor. Reports prepared under this section and all summaries thereof shall be public pursuant to the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."

(c)  It shall be lawful for the city or any taxpayer thereof on its behalf or any officer whose account is settled or audited to appeal from the settlement or audit to the court of common pleas of the county within forty-five days after the [said] annual report to council has been filed. If the appellant is a taxpayer or any officer charged as aforesaid, he shall file a bond, with one or more sufficient sureties, conditioned to pay all costs thereafter accruing in case a decision shall not be obtained more favorable to the party on whose behalf the appeal shall be taken than that contained in the [said] report. [The city controller shall also prepare an intelligible summary of said reports, showing the fiscal condition of the affairs of the city, and post one copy of said summary in a conspicuous place in the city hall. Council may require advisory interim reports from the city controller.]

Section 121.  Sections 1706, 1707, 1708 and 1709 of the act are repealed:

[Section 1706.  Power to Administer Oaths; Countersigning of Warrants.--The city controller shall have the power to administer oaths or affirmations in relation to any matter touching the authentication of any account, claim, or demand of or against the city, but shall not receive any fee therefor, and shall countersign all warrants for the payment of moneys out of the city treasury when satisfied of the legality of such payment.

Section 1707.  Power to Subpoena City Officers.--The city controller shall have power to issue subpoenas to obtain the attendance of officers whose accounts he is authorized to adjust, audit, and settle, and also to subpoena any person or persons whom it may be necessary to examine as witnesses, and in case any city officer or any witness refuses to appear upon being subpoenaed, he shall report such refusal to council, and the council is hereby empowered to enact ordinances to compel the attendance of city officers and witnesses before the said city controller and to impose penalties in case of refusal.

Section 1708.  Appointment of Deputy Controller; Powers; Responsibility.--The city controller may appoint a deputy controller, who in case of the sickness, absence, or inability of such controller to act, shall have the same powers and shall perform the same duties as are imposed by law upon the city controller. In the case of such appointment, the said controller shall be responsible and liable for the acts of such deputy.

Section 1709.  Appointment of Temporary Deputy by Council; Bond; Compensation.--In case of the sickness, absence, or inability of a city controller, and when no deputy shall have been appointed by him, the council of such city may appoint a deputy controller to serve during the sickness, absence, or inability of such controller, or until such controller shall appoint a deputy, as aforesaid, who shall furnish such bond, and receive such compensation, as shall be fixed by council.]

Section 122.  Article XVIII heading of the act is reenacted to read:

ARTICLE XVIII

ACCOUNTS AND FINANCES

Section 123.  Section 1801 of the act, amended April 27, 1965 (P.L.21, No.18), is amended to read:

Section 1801.  Fiscal Year.--The fiscal year of each city shall begin on the first day of January and end on the last day of December.

Section 124.  Sections 1802, 1803 and 1804 of the act are amended to read:

Section 1802.  [Director of Accounts and Finance] Chief Fiscal Officer; Bond; Administering Oaths.--[The director of accounts and finance shall be the head of the Department of Accounts and Finance. He shall furnish bond in such amount as shall be fixed by ordinance. He] (a)  Council shall provide for a chief fiscal officer for the city. In filling the position of chief fiscal officer, council may appoint, but shall not be limited to appointing, the director of the department of accounts and finance, if one is appointed pursuant to Article XI or the city administrator, if one is appointed pursuant to Article XII-A.

(b)  Council shall require that the chief fiscal officer furnish a bond subject to section 907.

(c)  The chief fiscal officer shall have authority to administer oaths and affirmations in relation to any matter touching the authentication of every account with or claim or demand of or against the city, but shall not be entitled to receive any fee therefor.

Section 1803.  Deputy.--[The director of accounts and finance may appoint a deputy, subject to the approval of council, which shall fix the salary of such deputy.] Council may authorize the chief fiscal officer to appoint, subject to the approval of council, a deputy chief fiscal officer whose compensation shall be fixed by council. The deputy shall have power to administer oaths and affirmations in all matters relating to the affairs of [said] the office and shall furnish a bond subject to section 907. If no deputy has been appointed, council may appoint a temporary deputy chief fiscal officer to serve during the chief fiscal officer's illness, absence or inability to serve. The temporary deputy chief fiscal officer may be required to furnish bond as required by council. [The director of accounts and finance shall in all cases be responsible and liable for the actions and conduct of the said deputy.]

Section 1804.  Regulations Concerning Appropriation.--(a)  No debt shall be created by any department of the city[,] except in [pursuance of previous authority of law, ordinance, or resolution] accordance with law.

(b)  No money shall be paid out of the city treasury except upon appropriation made according to law[,] and [on warrant] pursuant to a document authorizing payment drawn by the proper officer or officers in pursuance thereof.

(c)  No work shall be hired to be done, no materials purchased, no contracts made[,] and no order issued for the payment of any moneys [in any amount which will cause the sums appropriated to specific purposes to be exceeded], if doing so would result in the total expenditure of money for a specific purpose to exceed the amount appropriated for that purpose.

(d)  In every case in which an appropriation shall be [exhausted] entirely expended, and the object of [which] the appropriation is not completed, the [director of accounts and finance] chief fiscal officer shall [immediately] on or before the next regularly scheduled council meeting report the fact to the city council and accompany [such] the report with a statement of the moneys which have been drawn on [such] the appropriation[,] and the particular purpose for which they were drawn.

(e)  The council may at any time by ordinance make supplemental appropriations for any lawful purpose from any funds on hand or estimated to be received within the fiscal year and not appropriated to any other purpose, including the proceeds of any borrowing now or hereafter authorized by law.

(f)  The council shall have the power to authorize the transfer of any unexpended balance, of any appropriation item, or any portion thereof, but [such action shall be taken only on the recommendation of a director of one of the departments] council shall first seek comments from the director of the department negatively affected by the proposed transfer pursuant to this section.

[When a transfer of over five per cent of an appropriation item is made within a department or when a transfer of over five per cent of the total appropriation is made from one department to another department, an affirmative vote of four members of the council shall be required.]

(g)  Consistent with this section, council shall determine the manner and method of all intradepartmental and interdepartmental financial transfers.

Section 125.  Section 1804.1 of the act, amended July 10, 1980 (P.L.478, No.103) and December 13, 1982 (P.L.1149, No.263), is amended to read:

Section 1804.1.  Investment of City Funds.--(a)  The council shall have power to provide the following:

(1)  [make] The investment of city sinking funds as authorized by [the act of July 12, 1972 (P.L.781, No.185), known as the "Local Government Unit Debt Act";] 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).

(2)  [make] The investment of moneys in the general fund and in special funds of the city other than the sinking funds as authorized by this article[; and].

(3)  [liquidate] The liquidation of any [such] investment, in whole or in part, by disposing of securities or withdrawing funds on deposit. Any action taken to make or to liquidate any investment shall be made by the officers designated by action of the council.

(b)  The council shall invest city funds consistent with sound business practice.

(c)  The council shall provide for an investment program subject to restrictions contained in this act and in any other applicable statute and any rules and regulations adopted by the council.

(d)  Authorized types of investments for city funds shall be any of the following:

(1)  United States Treasury bills.

(2)  Short-term obligations of the United States Government or its agencies or instrumentalities.

(3)  Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions insured by the Federal Deposit Insurance Corporation [or the Federal Savings and Loan Insurance Corporation] or the National Credit Union Share Insurance Fund [or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation] to the extent that such accounts are so insured[,] and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository.

(4)  Obligations of the United States of America or any of its agencies or instrumentalities backed by the full faith and credit of the United States of America, the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the Commonwealth, or of any political subdivision of the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the political subdivision.

(5)  Shares of an investment company registered under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.), whose shares are registered under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), provided that the only investments of that company are in the authorized investments for city funds listed in clauses (1) through (4).

(6)  Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation [or the Federal Savings and Loan Insurance Corporation] or the National Credit Union Share Insurance Fund [or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation] to the extent that such accounts are so insured. However, for any amounts above the insured maximum, such certificates of deposit shall be collateralized by a pledge or assignment of assets of the institution, and such collateral may include loans (including interest in pools of loans) secured by first mortgage liens on real property. Certificates of deposit purchased from commercial banks shall be limited to an amount equal to twenty per centum of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to twenty per centum of an institution's assets minus liabilities.

(7)  Any investment authorized by 20 Pa.C.S. Ch. 73 (relating to [fiduciaries] municipalities investments) shall be an authorized investment for any pension or retirement fund.

(8)  Repurchase agreements which are fully collateralized by obligations of the United States Government or its agencies or instrumentalities, which are free from other liens and backed by the full faith and credit of the United States or are rated in the highest category by a nationally recognized statistical rating organization.

(9)  Deposits in investment pools established by the State Treasurer or established by local governments pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) and related statutes, provided that the investment pools are rated in the highest category by a nationally recognized statistical rating organization.

(e)  In making investments of city funds, the council shall have authority to do any of the following:

(1)  [To permit] Permit assets pledged as collateral under subsection (d)(3), to be pooled in accordance with the act of August 6, 1971 (P.L.281, No.72), relating to pledges of assets to secure deposits of public funds.

(2)  [To combine] Combine moneys from more than one fund under city control for the purchase of a single investment, provided that each of the funds combined for the purpose shall be accounted for separately in all respects and that the earnings from the investment are separately and individually computed and recorded, and credited to the accounts from which the investment was purchased.

(3)  [To join] Join with one or more other political subdivisions and municipal authorities in accordance with [the act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law] 53 Pa.C.S. Ch. 23, Subch. A, in the purchase of a single investment, provided that the requirements of clause (2) on separate accounting of individual funds and separate computation, recording and crediting of the earnings therefrom are adhered to.

Section 126.  Sections 1805, 1806, 1807 and 1808 of the act are amended to read:

Section 1805.  Countersigning [Warrants;] Documents; Money Available; Evidence Required.--(a)  The [director of the Department of Accounts and Finance] chief fiscal officer shall countersign all [warrants upon the city treasury, the form whereof shall be prescribed by council, and] documents, in the form approved by council, authorizing payment from the city treasury.

(b)  In countersigning documents authorizing payment from the city treasury, the chief fiscal officer shall not [suffer] permit any appropriation made by the council to be overdrawn[. No warrant shall be countersigned] and shall not countersign unless there is money in the treasury to pay the same.

(c)  Except in the case of [warrants for the payment of moneys] documents authorizing payment to volunteer fire companies, whenever a [warrant on the treasurer] document authorizing payment from the city treasury shall be presented to the [director of accounts and finance] chief fiscal officer to be countersigned, the person presenting the same shall be[, by the said director,] required to produce evidence of each of the following:

(1)  [That the] The amount expressed in the [warrant] document authorizing payment is due [to] the person in whose favor it is drawn.

(2)  [That the] The supplies, services or other consideration for payment of which the [warrant] document authorizing payment is drawn have been furnished, performed or given according to law and the terms of the contract, if any.

Section 1806.  Record of Assets, Property, Trusts, Debts Due, Receipts and Expenditures.--The [director of accounts and finance] chief fiscal officer or other official or employe of the city designated by council shall have charge and keep a record of accounts, under appropriate titles, to show separately and distinctly all of the assets and property whatsoever vested in the city, and all trusts in care of the same, debts owing by the city, and all of the receipts and expenditures of the various departments.

Section 1807.  Supervision of Accounts of Departments.--The [director of accounts and finance] chief fiscal officer shall have the supervision and control of the accounts of all of the departments, and may require from them at any time a statement in writing of all money or property of the city in their hands.

Section 1808.  Suggestions [by Director] for Improvement of City Finances.--The [director of accounts and finance] chief fiscal officer may, from time to time, and shall, when the council shall direct, suggest plans to the council for the management and improvement of the city finances.

Section 127.  Sections 1809 and 1810 of the act, amended June 22, 2000 (P.L.321, No.33), are amended to read:

Section 1809.  Annual Budget; Presentation to Council; Notice; Revision; Adoption.--[The director of accounts and finance] (a)  Each year, the chief fiscal officer shall, on behalf of council, at the last stated meeting in November [in each year] present to council for [first reading] introduction a proposed budget ordinance for all funds showing the estimated receipts, expenditures[,] and liabilities of every kind[,] for the ensuing year, with the balance of unexpended appropriations[,] and all other information of value as a basis for fixing the levy and tax rate for the next fiscal year. Council shall, upon [passing] introducing the [said] proposed budget ordinance [on first reading], fix a date for adoption thereof, which shall be not later than the thirty-first day of December of [such] that year.

(b)  The several departments of the city government shall, before the proposed budget ordinance is [presented] introduced, as [above] provided in subsection (a), furnish to the council an estimate of the probable receipts and expenditures and an estimate of the amount required by each of [said] the departments for the public service during the ensuing fiscal year as a basis for making the annual appropriations thereto.

(c)  When the proposed budget ordinance is submitted to council and has [passed first reading] been introduced, the city clerk shall forthwith make the same available for public inspection at [his] the city clerk's office in the city hall[,] and shall thereupon publish a notice to that effect once in [at least one] a newspaper of general circulation in accordance with the provisions of section [one hundred nine of this act. Such] 109. The notice shall state the date fixed by council for [adoption] enactment of the proposed budget ordinance, and [such] notice shall be published at least twenty days prior to the time fixed by council for [adoption] enactment of the proposed budget ordinance. The proposed budget ordinance shall be available for public inspection at the city clerk's office for at least ten days after the aforesaid newspaper notice [thereof] is published.

(d)  The council shall, after making such changes and modifications therein as appear proper, [adopt] enact the budget and any appropriation measures required to put it into effect upon the date fixed for [adoption] enactment thereof[: Provided, That said], provided, however, that the budget shall reflect as nearly as possible the estimated revenues and expenditures of the city for the year for which the budget is prepared. [That should] Should it appear upon any revision of the budget that the estimated expenditures in the [adopted] enacted budget would be increased more than ten per cent in the aggregate or more than twenty-five per cent in any individual item over the proposed budget, [such] the budget shall not be [adopted] enacted with any [such] of the increases therein unless the same be again made available for public inspection [and for protest of such increases] for a period of at least ten days after notice to that effect is published as hereinbefore provided.

Section 1810.  Amending Budget; Notice.--(a)  During the month of January [next following any municipal election] following the expiration of a past fiscal year, in furthering its fiduciary responsibility, the council of any city may amend the budget and the levy and tax rate to conform [with] to its amended budget ordinance. A period of ten days' public inspection at the office of the city clerk of the proposed amended budget ordinance, after notice by the city clerk to that effect is published [once] in a newspaper of general circulation as provided in section [one hundred nine of this act] 109, shall intervene between council's [first reading] introduction of the proposed amended budget ordinance and the [adoption] enactment thereof. Any amended budget ordinance must be [adopted] enacted by council on or before the fifteenth day of February.

[No such] (b)  After introduction, no proposed amended budget ordinance shall [after first reading] be revised upward in excess of ten [percent] per centum in the aggregate thereof or as to an individual item in excess of twenty-five per [cent] centum of the amount of such individual item in the proposed amended budget ordinance.

Section 128.  Section 1811 of the act is amended to read:

Section 1811.  Appropriations; Tax Rate; Limitations.--(a)  When all estimates for the receipts, liabilities[,] and expenditures for the ensuing year shall be made, council shall proceed to make the annual appropriations[,] and shall fix the tax rate at such figure as will, in combination with all other estimated receipts of the city, fully meet and cover the aggregate amount of such estimates of liabilities and expenditures for the ensuing year.

(b)  No appropriation, however, shall be made for any purpose until the interest accruing on the funded debt of the city and the principal of [such] that part of [said] the debt as may be coming due in that fiscal year, the salaries of officers, and the ordinary and necessary expenses of the city shall first be provided for, and no appropriation shall be made for any purpose in excess of the estimated receipts and revenues for the fiscal year for which such appropriations are made.

Section 129.  Section 1811.2 of the act, amended October 5, 1967 (P.L.327, No.143) and repealed in part July 12, 1972 (P.L.781, No.185), is amended to read:

Section 1811.2.  Borrowing in Anticipation of Current Revenue.--[Cities] In accordance with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), cities may borrow money in anticipation of current revenues to an amount not exceeding [such] the anticipated current revenues, which shall be pledged for the payment of [such] the loan or loans, and may issue notes or other [form] forms of obligation[, executed by the director of the Department of Accounts and Finance and attested by the mayor under the seal of the city, securing such loans. Such notes or other form of obligation shall mature and be payable during the current fiscal year in which such money is borrowed. No such borrowing shall constitute an increase of indebtedness within the meaning of Article nine, section eight of the Constitution of Pennsylvania, or of the "Municipal Borrowing Law" of June twenty-fifth, one thousand nine hundred forty-one (Pamphlet Laws 159), or of any of the provisions of this act, and shall not require the approval of the Department of Community Affairs. Such notes shall bear interest at a rate not exceeding six (6) per centum per annum, payable at maturity or in advance, and may be sold at either public or private sale for not less than par. If such loans are not repaid in whole or in part during the fiscal year in which they are made, they, or such amounts as remain unpaid, shall become an obligation upon the following year's budget and shall be included therein and paid not later than the thirty-first day of December of such following year. The incurring of such obligations shall receive the affirmative vote of not less than two-thirds of the members of the city council] in evidence of the debt.

Section 130.  Sections 1812 and 1813 of the act, amended June 22, 2000 (P.L.321, No.33), are amended to read:

Section 1812.  Annual Reports; Publication; Filing Report with Department of Community and Economic Development; Penalty.--(a)  The [director of accounts and finance] chief fiscal officer shall make a report, verified by oath or affirmation, to the council at a stated meeting in April in each year of the public accounts of the city and of the trusts in its care for the preceding fiscal year, exhibiting all of the expenditures thereof, respectively, and the sources from which the revenue and funds are derived and in what measures the same have been disbursed. Each account shall be accompanied by a statement in detail of the several appropriations made by council, the amount drawn and encumbered on each appropriation[,] and the unencumbered balance outstanding to the debit or credit of such appropriation at the close of the fiscal year.

(b)  [Such] The report, accompanied by a concise financial statement setting forth the balance in the treasury at the beginning of the fiscal year, all revenues received during the fiscal year, by major classifications, all expenditures made during the fiscal year, by major functions, and the current resources and liabilities of the city at the end of the fiscal year, the gross liability and the net debt of the city, the amount of the assessed valuation of the taxable property in the city, the assets of the city and the character and value thereof, the date of the last maturity of the respective forms of funded debt, and the assets in each sinking fund, shall be published [once in not more than two newspapers printed or circulated in such city, as required by section one hundred and nine of this act] in a newspaper of general circulation as required by section 109 at least ten days prior to the April meeting scheduled pursuant to subsection (a). Before [such] the report or statement is made or published, [the same] it shall be approved by the [controller] independent auditor, who may approve it subject to such exceptions as [he] the independent auditor may have thereto[: Provided, Council]; provided, however, that council may cause [such] the statement to be printed in pamphlet form in addition to the publications made as aforesaid.

(c)  The [director of accounts and finance] chief fiscal officer shall also, annually, make report of the financial condition of the city in the form above provided to the Department of Community and Economic Development, within ninety days after the close of the fiscal year, signed and duly verified by the oath of the [director] chief fiscal officer and approved by the [city controller] independent auditor, as above provided. Any [director of accounts and finance] chief fiscal officer appointed by the city refusing or wilfully neglecting to file such report shall, upon conviction thereof[,] in a summary proceeding brought [at the instance of] by the Department of Community and Economic Development, be sentenced to pay a fine of five dollars for each day's delay beyond [said] ninety days, and costs. All fines recovered shall be for the use of the Commonwealth.

(d)  The report to the Department of Community and Economic Development shall be presented in a form as provided for in section [one thousand eight hundred and thirteen of this act] 1813.

Section 1813.  Committee to Prepare Uniform Forms.--(a)  The uniform financial report forms, specified in the foregoing sections of this act, shall be prepared by a committee consisting of four representatives of the Pennsylvania Municipal League [of Cities and Municipalities] and the Secretary of Community and Economic Development, or [his] the secretary's agent or designee who shall be a person trained in the field of municipal finance.

[Such] (b)  The representatives shall be appointed by the president of [said] the organization within sixty days after the effective date of this act. Such representatives shall be chosen from among finance officers of third class cities or other officers of such cities who have knowledge of their fiscal procedures[. As], and, as far as possible, they shall be chosen to represent cities in the various population groups within the range of cities of the third class. The president of the Pennsylvania Municipal League [of Cities and Municipalities] and other designated participants shall supply to the Secretary of Community and Economic Development the names and addresses of [such] the representatives immediately upon their appointment.

[Said] (c)  The representatives shall serve without compensation, but they shall be reimbursed by the Commonwealth for all necessary expenses incurred in attending meetings of the committee. The committee shall meet at the call of the Secretary of Community and Economic Development, or [his] the secretary's agent or designee, who shall serve as [chairman] chairperson of the committee.

(d)  It shall be the duty of the Secretary of Community and Economic Development, or [his] the secretary's agent or designee, to see to it that the forms required by this act are prepared in cooperation with [said] the committee. In the event that [said] the committee should for any reason fail to furnish such cooperation, the Secretary of Community and Economic Development, or [his] the secretary's agent or designee, shall complete the preparation of the forms. After their preparation, [he] the Secretary of Community and Economic Development, or the secretary's agent or designee, shall issue [said] the forms and distribute them annually, as needed, to the designated officers of each city of the third class.

(e)  No change or alteration in the forms prescribed shall be made by the Secretary of Community and Economic Development or [his] the secretary's agent or designee, except by a majority approval of the committee, unless upon reasonable notice two or more representatives thereof fail to attend the committee meetings. In voting upon any change or alteration, each representative and the [chairman] chairperson of the committee shall have one vote.

Section 131.  Section 1814 of the act is amended to read:

Section 1814.  Annual Reports to Council on Insurance and Bonds.--The [director of accounts and finance] chief fiscal officer shall prepare or cause to be prepared and submit to council [at the first stated meeting in October of each year], as council shall direct, a complete and itemized report of all policies of insurance contracted for by the city[,] for the information and consideration of council. The [director of accounts and finance] chief fiscal officer shall make a like report [at the same time each year], as council shall direct, of all bonds given for the protection of the city in whole or in part.

Section 132.  Article XIX heading of the act is reenacted to read:

ARTICLE XIX

CONTRACTS

Section 133.  Section 1901 of the act, amended September 17, 1959 (P.L.906, No.359), October 4, 1978 (P.L.1045, No.239), July 1, 1981 (P.L.196, No.59), April 3, 1992 (P.L.53, No.17) and November 3, 2011 (P.L.377, No.91), is amended to read:

Section 1901.  [Power to Make Contracts; Regulations Concerning Contracts.--(a)  Each city may make contracts for carrying into execution the provisions of this act and the laws of the Commonwealth. The council shall, by ordinance, provide for and regulate the award of all contracts. All contracts or purchases not in excess of the base amount of eighteen thousand five hundred dollars, subject to adjustment under section one thousand nine hundred and three point one of this act, shall be by note or memorandum in writing, signed by the officer or employe making the purchase or contract.

(b)  All services and personal properties required by any city, or any department thereof, where the base amount exceeds the sum of eighteen thousand five hundred dollars, subject to adjustment under section one thousand nine hundred and three point one of this act, shall be furnished and performed under written contract, and the contract shall be awarded and given to the lowest responsible bidder, after advertising two times, each publication on a different day, in not more than two newspapers, in accord with the provisions of section one hundred and nine of this act, and the bids shall not be opened until at least ten days have elapsed after the first advertisement. A notice of the advertisement for contracts or purchases shall also be posted at the city hall.

(c)  The amount of the contract shall in all cases, whether of straight sale price, conditional sale, bailment lease, or otherwise, be the entire amount which the city pays to the successful bidder or his assigns in order to obtain the services or property or both, and shall not be construed to mean only the amount which is paid to acquire title or to receive any other particular benefit or benefits of the whole bargain.

(d)  The contracts or purchases made by council involving an expenditure in excess of the base amount of eighteen thousand five hundred dollars, subject to adjustment under section one thousand nine hundred and three point one of this act, which shall not require advertising or bidding, as hereinbefore provided are as follows:

(1)  Those for maintenance, repairs or replacements for water, electric light or other public works of the city, provided they do not constitute new additions, extensions or enlargements of existing facilities and equipment, but a bond may be required by council as in other cases of work done.

(2)  Those made for improvements, repairs and maintenance of any kind made or provided by any city through its own employes: Provided, however, That this shall not apply to construction materials used in a street improvement.

(3)  Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles, or parts thereof, are desired by council, which are patented and manufactured or copyrighted products.

(4)  Those involving any policies of insurance or surety company bonds; those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission; those made with another political subdivision or a county, the Commonwealth of Pennsylvania, the Federal government, any agency of the Commonwealth or the Federal government, or any municipal authority, including the sale, leasing or loan of any supplies or materials by the Commonwealth or the Federal government, or their agencies, but the price thereof shall not be in excess of that fixed by the Commonwealth, the Federal government, or their agencies.

(5)  Those involving personal or professional services.

(6)  Those made during a state of emergency declared by the mayor or chief executive in accord with section one thousand two hundred and three of this act.

(e)  The acceptance of bids by advertising required herein shall be made by public announcement at the meeting at which bids are received by council or at a subsequent meeting, the time and place of which shall be publicly announced when bids are so received. If, for any reason, the award is not made at either of the above meetings, the same business may be transacted at a subsequent meeting, the time and place of which shall be announced at the previous meeting held for such award. At such third meeting, the council shall either award the contract or shall reject all bids.

(f)  Council may require that any bids so advertised be accompanied by cash, by a certified or cashier's good faith check or other irrevocable letter of credit in a reasonable amount, or by a bond with corporate surety in a reasonable amount. Whenever it is required that a bid be accompanied by cash, certified check, cashier's good faith check or other irrevocable letter of credit, no bid shall be considered unless so accompanied. In the event any bidder shall, upon award of the contract to him, fail to comply with the requirements hereinafter stated as to a bond guaranteeing the performance of the contract the good faith deposit by cash, certified check, or bond, shall be forfeited to the city as liquidated damages.

(g)  Where advertising is required herein, the successful bidder shall be required to furnish a bond or irrevocable letter of credit in an amount sufficient to council with suitable reasonable requirements guaranteeing the performance of the contract within twenty days after the contract has been awarded, unless council prescribes a shorter period of not less than ten days, and failure to furnish such security within such time shall void the award. The provisions of this subsection requiring successful bidders to furnish security shall not be mandatory as to contracts for the purchase of motor vehicles or other pieces of equipment but only as to those contracts which involve furnishing of labor and materials. Council may in all cases of contracts or purchases require security for performance, delivery, or other terms.

(h)  Where the roadway of a street is to be paved originally and for the first time, or reconstructed by putting down a new base, or a sewer is to be constructed, or grading done, such work shall be done under written contract, after advertising as provided in section one hundred and nine of this act, and such contract shall be given to the lowest responsible bidder.

(i)  The council may, by ordinance, provide for and regulate the purchase of supplies and materials and the sale of personal property.

(j)  The council may also, by ordinance, provide a contingent fund or funds for necessary repairs and incidental expenses, not otherwise provided in the general appropriations, and such funds may be expended without advertising for bids.

(k)  Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall comply with the provisions of the act of March 3, 1978, (P.L.6, No.3), known as the "Steel Products Procurement Act."

(l)  No person, consultant, firm or corporation contracting with a city for purposes of rendering personal or professional services to the city shall share with any city officer or employe, and no city officer or employe shall accept, any portion of the compensation or fees paid by the city for the contracted services provided to the city except under the following terms or conditions:

(1)  Full disclosure of all relevant information regarding the sharing of the compensation or fees shall be made to the council of the city.

(2)  The council of the city must approve the sharing of any fee or compensation for personal or professional services prior to the performance of said services.

(3)  No fee or compensation for personal or professional services may be shared except for work actually performed.

(4)  No shared fee or compensation for personal or professional services may be paid at a rate in excess of that commensurate for similar personal or professional services.] Power to Make and Regulate Awarding of Contracts.--(a)  Each city may make contracts for carrying into execution the provisions of this act and the laws of this Commonwealth. In addition to and consistent with the requirements of this article, council shall, by ordinance, provide for and regulate the procedures for the award of all contracts, including the purchase of supplies and materials.

(b)  Contracts for the sale of real and personal property shall be conducted in conformance with section 2402.1.

Section 134.  The act is amended by adding sections to read:

Section 1901.1.  Contracts or Purchases in Excess of Base Amount of Eighteen Thousand Five Hundred Dollars.--(a)  Except as provided in section 1901.4(b), all contracts or purchases in excess of the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, shall be subject to advertising and competitive bidding as provided in this article.

(b)  All services and personal properties required by any city, or any department thereof, where the amount exceeds the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, shall be furnished and performed under written contract, and the contract shall be awarded and given to the lowest responsible bidder after advertising two times, each publication on a different day, in not more than two newspapers of general circulation, in accordance with the provisions of section 109, and the bids shall not be opened until at least ten days have elapsed after the advertisement. A copy of the advertisement for contracts or purchases shall be posted in the city office designated by council.

Section 1901.2.  Contracts or Purchases Not in Excess of Base Amount of Eighteen Thousand Five Hundred Dollars.--With regard to all contracts or purchases not in excess of the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, the following shall apply:

(1)  The purchases or contracts shall be evidenced by note or memorandum in writing, signed by the officer or employe making the purchase or contract.

(2)  Council, or the officer designated by council, shall approve all purchases or contracts, except council need not approve those purchases or contracts within the category of small or routine purchases or incidental expenses, as defined by ordinance.

Section 1901.3.  Determining Amount of Contract.--The amount of the contract shall in all cases, whether of straight sale price, conditional sale, bailment lease or otherwise, be the entire amount which the city pays to the successful bidder or the successful bidder's assigns in order to obtain the services or property, or both, and shall not be construed to mean only the amount which is paid to acquire title or to receive any other particular benefit or benefits of the whole bargain.

Section 1901.4.  Contracts or Purchases Not Requiring Advertising or Bidding.--(a)  City contracts or purchases, if not in excess of the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, shall not require advertising or bidding.

(b)  City contracts or purchases involving an expenditure over the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 1903.1, which shall not require advertising or bidding are as follows:

(1)  Those for maintenance, repairs or replacements for water, electric light or other public works of the city, provided they do not constitute new additions, extensions or enlargements of existing facilities and equipment, but security may be required by council as in other cases of work done.

(2)  Those made for improvements, repairs and maintenance of any kind made or provided by any city through its own employes, except that this exception shall not apply to construction materials used in a street improvement.

(3)  Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof desired by council are patented or copyrighted products.

(4)  Those involving any policies of insurance or surety company bonds.

(5)  Those made for public utility service and electricity, natural gas or telecommunication services, provided that, in the case of utilities not under tariff with the Pennsylvania Public Utility Commission, contracts made without advertising and bidding shall be made only after receiving written or telephonic price quotations from at least three qualified and responsible providers. In lieu of price quotations, a memorandum shall be kept on file showing that fewer than three qualified providers exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain at least the date of the quotation, the name of the provider and the provider's representative, the type of service that was the subject of the quotation and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three years.

(6)  Those made with another political subdivision or a county, the Commonwealth of Pennsylvania, the Federal Government, any agency of the Commonwealth or the Federal Government or any municipal authority, including the sale, leasing or loan of any supplies or materials by the Commonwealth or the Federal Government, or their agencies, but the price thereof shall not be in excess of that fixed by the Commonwealth, the Federal Government or their agencies.

(7)  Those involving personal or professional services.

(8)  Those made during a state of emergency declared by the mayor in accordance with section 1203 or those made during a disaster emergency declared by the Governor or during a local emergency in accordance with 35 Pa.C.S. Pt. V (relating to emergency management services).

Section 1901.5.  Receipt, Opening, Award or Rejection of Bids.--(a)  In any case in which advertisement and bidding are required, the advertisement shall specify the time by which and place at which bids will be received and the time and place for the opening of bids.

(b)  Bids received pursuant to advertisement shall be opened publicly by council or its designated agent. The amount of each bid and any other relevant information as may be specified by council, together with the name of each bidder, shall be disclosed and recorded, and the record shall be open to public inspection.

(c)  At a public meeting of council, not more than sixty days after the receipt of bids, council shall either award the contract or shall reject all bids.

Section 1901.6.  Bid, Performance and Payment Security.--(a)  The following shall apply to bid security:

(1)  Council may require that bids received pursuant to advertisement be accompanied by bid security, in a reasonable amount, which shall be in the form of a certified or bank check or a bond provided by a surety company authorized to do business in this Commonwealth or another form of security as specified in the advertisement for bids.

(2)  In the event the successful bidder shall, upon award of the contract, fail to comply with the requirements of subsection (b) as to performance security, the bid security shall be forfeited to the city as liquidated damages.

(b)  The following shall apply to performance security:

(1)  In the case of a contract that had been subject to advertising and bidding, the successful bidder shall be required to furnish performance security in the form of a bond or irrevocable letter of credit in an amount equal to one hundred per centum of the contract price with suitable reasonable requirements guaranteeing the performance of the contract. Performance security shall be provided within twenty days after the contract has been awarded, unless council prescribes a shorter period of not less than ten days. Failure to furnish such security within the required time period shall void the award.

(2)  The provisions of this subsection requiring successful bidders to furnish security shall not be mandatory as to contracts for the purchase of motor vehicles or other pieces of equipment but only as to those contracts which involve furnishing of labor and materials. Council may in all cases of contracts or purchases require security for performance, delivery or other terms.

(c)  In conformity with the act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967," it shall be the duty of every city to require any person, partnership, association or corporation entering into a contract with such city for the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind whatsoever, where the amount of the contract is in excess of ten thousand dollars, before commencing work under the contract, to provide payment security in a form acceptable to and approved by the city, which may include, but need not be limited to, a bond, Federal or Commonwealth-chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in the lending institutions, equal to one hundred per centum of the contract amount. The payment security shall be solely for the protection of claimants supplying labor or materials to the prime contractor to whom the contract was awarded, or to any of the prime contractor's subcontractors, in the prosecution of the work provided for in the contract. The payment security shall be conditioned for the prompt payment of all material furnished or labor supplied or performed in the prosecution of the work under the contract.

Section 1901.7.  Compliance With Other Laws.--Every contract subject to this article shall comply, as applicable, with the provisions of the act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act," the act of December 20, 1967 (P.L.869, No.385), known as the "Public Works Contractors' Bond Law of 1967," the act of January 23, 1974 (P.L.9, No.4), referred to as the Public Contract Bid Withdrawal Law, the act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act," the act of February 17, 1994 (P.L.73, No.7), known as the "Contractor and Subcontractor Payment Act," 62 Pa.C.S. Chs. 37 Subch. B (relating to motor vehicles), 39 (relating to contracts for public works) and 45 (relating to antibid-rigging).

Section 1901.8.  Prohibitions.--No person, consultant, firm or corporation contracting with a city for purposes of rendering personal or professional services to the city shall share with any city officer or employe, and no city officer or employe shall accept, any portion of the compensation or fees paid by the city for the contracted services provided to the city.

Section 1901.9.  Lowest Responsible Bidder.--For purposes of this article, the lowest responsible bidder need not be the bidder submitting the lowest dollar amount bid. The city may also consider the quality of goods or services supplied, ease of repair, compatibility with other city equipment or services, responsiveness, past performance of the bidder and any other reasonable factors specified in the advertisement for bids.

Section 135.  Section 1902 of the act, amended November 3, 2011 (P.L.377, No.91), is amended to read:

Section 1902.  Evasion of Advertising Requirements.--No [member or members of council] elected or appointed official or officials of any city shall evade the provisions of [the preceding section as to] this article requiring advertising for bids by purchasing or contracting for services and personal properties piecemeal for the purpose of obtaining prices under the base amount of eighteen thousand five hundred dollars, subject to adjustment under section [one thousand nine hundred and three point one of this act] 1903.1, upon transactions which should, in the exercise of reasonable discretion and prudence, be conducted as one transaction amounting to more than the base amount of eighteen thousand five hundred dollars, subject to adjustment under section [one thousand nine hundred and three point one of this act] 1903.1. This provision is intended to make unlawful the practice of evading advertising requirements by making a series of purchases or contracts, each for less than the advertising requirement price, or by making several simultaneous purchases or contracts, each below said price, when, in either case, the transactions involved should have been made as one transaction for one price. Any [members of council who so vote] elected or appointed official who acts in violation of this provision [and who know], knowing that the transaction upon which [they so vote] the elected or appointed official acts is or ought to be a part of a larger transaction and that it is being divided in order to evade the requirements as to advertising for bids, shall be jointly and severally subject to surcharge for ten per centum of the full amount of the contract or purchase. Wherever it shall appear that [a member of council may have voted] an elected or appointed official may have acted in violation of this section but the purchase or contract on which [he so voted was not approved by council] the elected or appointed official acted was not executed, this section shall be inapplicable.

Section 136.  Section 1903.1 of the act, added November 3, 2011 (P.L.377, No.91), is reenacted and amended to read:

Section 1903.1.  Adjustments to Base Amount Based on Consumer Price Index for All Urban Consumers.--

(a)  Adjustments to the base amounts specified under sections [1901] 1901.1, 1902 and 1909 shall be made as follows:

(1)  The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average as published by the United States Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending September 30, 2012, and for each successive twelve-month period thereafter.

(2)  If the department determines that there is no positive percentage change, then no adjustment to the base amounts shall occur for the relevant time period provided for in this section.

(3)  (i)  If the department determines that there is a positive percentage change in the first year that the determination is made under paragraph (1), the positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.

(ii)  The preliminary adjusted amounts shall be rounded to the nearest one hundred dollars ($100) to determine the final adjusted base amounts for purposes of sections [1901] 1901.1 and 1902.

(4)  In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts, and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums thereof shall be rounded to the nearest one hundred dollars ($100) to determine the new final adjusted base amounts for purposes of sections [1901] 1901.1 and 1902.

(5)  The determinations and adjustments required under this section shall be made in the period between October 1 and November 15 of the year following the effective date of this subsection and annually between October 1 and November 15 of each year thereafter.

(6)  The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made.

(7)  The department shall publish notice in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required under section [1901] 1901.1 and advertising is required under section 1902 or separate bids are required under section 1909 for the calendar year beginning the first day of January after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the department in establishing the unadjusted or final adjusted base amounts under this section for the ensuing calendar year.

(8)  The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) shall not exceed three percent.

Section 137.  Sections 1904 and 1905 of the act are repealed:

[Section 1904.  Reference of Expenditures for Approval by Council.--Any expenditures or transactions, exclusive of compensation paid to city employes, in any department, office or bureau of the city, which may reasonably seem likely to exceed the sum of five hundred dollars over a period of sixty days, shall not be undertaken or proceeded upon except after reference thereof to council and approval by council by ordinance or resolution. Council may approve, revise, or refuse to approve any such referred expenditure or transaction. No official, agent or employe of the city shall knowingly violate the provisions of this section, and any person so violating shall forfeit and pay to the use of the city a penalty of one hundred dollars for each offense.

Section 1905.  Personal Interest in Contracts.--In any case where a city officer or official elected or appointed knows or by the exercise of reasonable diligence could know that he is interested to any appreciable degree, either directly or indirectly, in any contract for the sale or furnishing of any personal property for the use of the city, or for any services to be rendered for such city, involving the expenditure by the city of more than three hundred dollars in any year, he shall notify council thereof; and any such contract shall not be passed and approved by council except by an affirmative vote of at least four members thereof. In case the interested officer is a member of council, he shall refrain from voting upon said contract. The provisions of this section shall not apply to cases where such officer or official is an employe of the person, firm or corporation to which money is to be paid in a capacity with no possible influence on the transaction and in which he cannot possibly be benefited thereby, either financially or in any other material manner. Any officer or official who shall knowingly violate the provisions of this section shall be liable to the city upon his bond, if any, or personally, to the extent of the damage shown to be sustained thereby by the city, to ouster from office, and shall be guilty of a misdemeanor; and upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, or imprisonment not exceeding one year, or both.]

Section 138.  Section 1906 of the act, amended August 21, 1953 (P.L.1292, No.364), is amended to read:

Section 1906.  Designation of Appropriations; Certification in Excess of Appropriation; Contracts for Governmental Services for More than One Year.--[Every contract involving an appropriation of money shall designate the item of appropriation on which it is founded, and the estimated amount of the expenditure thereunder shall be charged against such item, and so certified by the director of accounts and finance on the contract before it shall take effect as a contract. The payments required by such contract shall be made from the fund appropriated therefor. In any case where the lowest responsible bid is in excess of the item of appropriation on which the contract is to be founded, the item of appropriation may be increased by council in the amount necessary to cover the bid, and the contract may be awarded and certified without any additional advertising. If the director of accounts and finance shall certify any contract in excess of the appropriation made therefor, the city shall not be liable for such excess, but the director of accounts and finance shall be liable for the same, which may be recovered in an action at law by the contracting party aggrieved. But nothing] With regard to any contract, council may direct the city administrator, chief fiscal officer or other designated official or employe to furnish information concerning the availability of appropriated funds to satisfy required payments under the contract. Nothing herein contained shall prevent the making of contracts for governmental services for a period exceeding one year, but any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years.

[It shall be the duty of the director of accounts and finance to certify contracts for the payment of which sufficient appropriations have been made.]

Section 139.  Section 1907 of the act, amended April 3, 1992 (P.L.53, No.17), is repealed:

[Section 1907.  Security for the Protection of Labor and Materialmen.--It shall be the duty of every city to require any person, copartnership, association, or corporation, entering into a contract with such city for the construction, erection, installation, completion, alteration, repair of, or addition to, any public work or improvement of any kind whatsoever, where the amount of such contract is in excess of one thousand five hundred dollars, before commencing work under such contract, to execute and deliver to such city, in addition to any other security which may now or hereafter be required by law to be given in connection with such contract, an additional bond or irrevocable letter of credit for the use of any and every person, copartnership, association, or corporation interested, in a sum not less than fifty per centum and not more than one hundred per centum of the contract price, as such city may prescribe, conditioned for the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, whether or not the said material or labor enter into and become component parts of the work or improvement contemplated. Such additional security shall be deposited with and held by the city for the use of any party interested therein. Every such additional security shall provide that every person, copartnership, association, or corporation who, whether as subcontractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work as above provided, and who has not been paid therefor, may sue in assumpsit on said additional security, in the name of the city, for his, their, or its use and prosecute the same to final judgment for such sum or sums as may be justly due him, them, or it, and have execution thereof: Provided, however, That the city shall not be liable for the payment of any costs or expense of any suit. The surety or sureties on a bond under this section must be authorized to do business in this Commonwealth.]

Section 140.  Section 1908 of the act is repealed:

[Section 1908.  Purchasing Department.--Each city may, by ordinance, provide for the establishment of a purchasing department, which shall have supervision over the purchase and distribution of all supplies purchased. The said department shall be attached to the department of accounts and finance or such other department as council may determine, and shall be operated in accordance with rules and regulations to be adopted by council, the rules to include the manner in which quotations shall be secured on the supplies purchased. The said department shall assist council at all times in eliminating waste and extravagance in the purchase and distribution of the supplies of the city.]

Section 141.  Section 1908.1 of the act, added December 10, 1974 (P.L.815, No.270), is amended to read:

Section 1908.1.  Purchase Contracts for Petroleum Products; Fire Company, Etc., Participation.--The council of each city shall have power to permit, subject to [such] any terms and conditions as [it] the city may impose, [and as hereinafter specifically provided, shall, prescribe] any fire company, rescue company and ambulance company in the city to participate in purchase contracts for petroleum products entered into by the city. [Any such company desiring to participate in such purchase contracts shall file] Fire company, rescue company and ambulance company participation in purchase contracts for petroleum products shall be subject to the condition that all prices shall be F.O.B. destination. If permitted by council, a fire company, rescue company or ambulance company may participate in designated petroleum product contracts entered into by the city, subject to the fire company, rescue company or ambulance company:

(1)  Having filed with the city clerk a request that it be authorized to participate in contracts for the purchase of petroleum products of the city [and agreeing].

(2)  Having agreed that it will be bound by [such] any terms and conditions [as] imposed by the city [may, and as hereinafter specifically provided, shall, prescribe and].

(3)  Having agreed that it will be responsible for payment directly to the vendor under each purchase contract. [Among such terms and conditions, the city shall prescribe that all prices shall be F.O.B. destination.]

Section 142.  Section 1909 of the act, amended November 3, 2011 (P.L.377, No.91), is amended to read:

Section 1909.  Separate Bids for Plumbing, Heating, Ventilating and Electrical Work, Elevators and [Moving Stairs] Escalators.--In the preparation of specifications for the erection, construction[,] and alteration of any public building, when the entire cost of such work shall exceed the base amount of eighteen thousand five hundred dollars, subject to adjustment under section [one thousand nine hundred and three point one of this act] 1903.1, the architect, engineer[,] or other person preparing such specifications[,] shall prepare only the following separate specifications[;]: (1) plumbing, (2) heating, (3) ventilating, (4) electrical work, (5) elevators and [moving stairs,] escalators and (6) one complete set of specifications for all the other work to be done in such erection, construction and alteration. The project manager, construction manager or other person or persons authorized by council to enter into contracts for the erection, construction[,] or alteration of such public buildings shall receive separate bids upon each of the [said] branches of work, and the city council or the appropriate city officer shall award the contract for the same to the lowest responsible bidder for each of [said] the branches, including the balance of the work, in addition to the plumbing, heating, ventilating and electrical work and elevators and [moving stairs] escalators. Where it is desired to install an air conditioning unit, the heating and ventilating so involved may be regarded as one branch of work having only one set of specifications, and bids may be received and a contract awarded thereon as hereinbefore provided.

Section 143.  Sections 1910, 1911 and 1912 of the act are amended to read:

Section 1910.  Acceptance by Contractor of [Workmen's] Workers' Compensation Act.--[All contracts executed by any city, or any officer or bureau or board thereof, which involve the construction or doing of any work involving the employment of labor, shall contain a provision that the contractor shall accept, in so far as the work covered by any such contract is concerned, the provisions of the Workmen's Compensation Act and any reenactments, supplements or amendments thereto, and that the said contractor will insure his liability thereunder, or file with the city with whom the contract is made a certificate of exemption from insurance from the Department of Labor and Industry of this Commonwealth.

Every officer of any city, or bureau or department thereof, who shall sign, on behalf of the said city, any contract requiring in its performance the employment of labor, shall require, before the said contract shall be signed, proof that the said contractor with whom the contract is made shall have accepted the Workmen's Compensation Act and any reenactments, supplements or amendments thereto, and proof that the said contractor has insured his liability thereunder in accordance with the terms of the said act, or that the said contractor has had issued to him a certificate of exemption from insurance from the Department of Labor and Industry of this Commonwealth.

Any contract executed in violation of the provisions of this section shall be null and void.]

(a)  All contracts executed by any city which involve the construction or performance of any work involving the employment of labor shall contain a provision that the contractor shall accept, and file with the city, proof of compliance with or exemption from, insofar as the work covered by the contract is concerned, the act of June 2, 1915 (P.L.736, No.338), known as the "Workers' Compensation Act."

(b)  A certificate of exemption from issuance may be issued on the basis of either individual self-insurance or group self-insurance.

(c)  A contractor shall file with the city any proof that the Department of Labor and Industry, with respect to certain employes, has accepted the application to be excepted from the provisions of the "Workers' Compensation Act" on religious grounds.

(d)  Any contract executed in violation of this section is void.

Section 1911.  Contracts for Improvements; Assignment of Assessments.--Where the whole or any part of the cost of an improvement is to be paid by assessments upon the property abutting or benefited, the city may enter into an agreement with the contractor [that he], pursuant to which the contractor shall take an assignment of [such] the assessments in payment of the amount due [him] under the terms of [his] the contract, and, in such case, the city shall not be otherwise liable under such contract[, whether said assessments are collectible or not].

Section 1912.  Architects and Engineers in Employ of City; Prohibitions from Bidding on Public Works; Penalty.--(a)  It shall be unlawful for any architect or engineer[,] in the employ of any city[,] to bid on any public work of the city.

(b)  It shall be unlawful for the officers of any city, charged with the duty of letting any public work, to award a contract to any [such] architect or engineer[,] in the employ of the city.

(c)  Any person or persons violating these provisions, or any of them, [shall be guilty of] commits a misdemeanor[,] and[, on] shall, upon conviction [thereof, shall forfeit his], be subject to forfeiting office, in accordance with section 901, and [be] sentenced to pay a fine not exceeding five hundred dollars, or to undergo imprisonment for not less than six months, or both, in the discretion of the court. Any contract made in violation of the provisions of this section shall be null and void.

(d)  The provisions of this section shall be in addition to any prohibition in 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure).

Section 144.  Sections 1913, 1914 and 1915 of the act are repealed:

[Section 1913.  Contracts With Transportation Companies.--Subject to the provisions of the Public Utility Law, any city, of the one part, and any person operating a public transportation service within the limits of such city, of the other part, may enter into contracts with each other affecting, fixing, and regulating the franchises, powers, duties, and liabilities of such companies, and the regulations and respective rights of the contracting parties. Such contracts may, inter alia, provide for payments by the companies to the city in lieu of the performance of certain duties or the payment of license fees or charges imposed in favor of such city, by the charters of the respective companies, or by any general law or ordinance, for the appointment by the city of a certain number of persons to act as directors of such company, in conjunction with the directors elected by the stockholders of such company, and, further, may provide for the ultimate acquisition by the city, upon terms mutually satisfactory, of the leaseholds, property, and franchises of the contracting companies.

Section 1914.  Contracts for Relocation of Railroads.--Subject to the provisions of the Public Utility Law, any city may enter into contracts with any of the railroad companies, whose roads enter its limits, whereby the said railroad companies may relocate, change or elevate their railroads within said limits, in such manner as, in the judgment of the proper authorities of such city, may be best adapted to secure the safety of lives and property, and promote the interest of said city; and, for that purpose, may do all such acts as may be necessary and proper to effectually carry out such contracts. Any such contracts, made by any railroad company or companies as aforesaid with any city, are hereby fully ratified and confirmed. Nothing herein contained shall affect any contract made, or hereafter to be made, with any railroad company, from apportioning the expenses of altering and adjusting the grades of existing railroads and intersecting streets in any city so as to dispense with grade crossings.

Section 1915.  Contracts with Street Railways for Exclusive Right to Lay Tracks.--In case any city shall deem it necessary for the public benefit and convenience to secure the removal of any street railway tracks already laid, or prevent the laying of such tracks already authorized to be laid, or to change the route of any street railway on any street or streets, or portion of a street or streets, within its corporate limits, and such purpose or purposes can be accomplished by agreement with the street railway company or motor power company owning, leasing or operating such tracks, the said parties may, subject to the provisions of the Public Utility Law, enter into a contract, for a period not exceeding fifty years, for such considerations and upon such terms and conditions, and containing such stipulations, reservations and covenants as may be agreed upon between the respective parties thereto; and such contract may include a covenant providing that, during the continuance thereof, municipal consent shall not be granted to any other company to use or occupy the street, streets, or portions of a street or streets, covered by such contract, for street railway or passenger transportation purposes; which covenants shall be enforceable by bill in equity against such city, in case of attempted breach thereof; and such contract may also provide for the laying or relaying of such tracks upon such terms and under such contingencies and conditions as may be agreed upon. When such contract shall have been made, it shall form a part of the charter of the company, with like force and effect as to all its terms, conditions, stipulations, restrictions, covenants, and provisions as to change of routes as if the same formed a part of the original charter of such company; and no removal of tracks already laid, or postponement of or delay in the time of beginning or completing the work of laying tracks already authorized to be laid, and no change of route therein provided for, shall operate or be construed to deprive or divest any such company, entering into such contract, of any of the rights, franchises, or privileges possessed by it at the time of entering into such contract, so as to operate in favor of any company subsequently formed and seeking to occupy, for street railway purposes, the street, streets, or portions of a street or streets, covered by such contract. Nothing in this section contained, nor any contract made in pursuance thereof, shall be construed to limit or affect in any way, or impose any additional liability for the exercise of, the right of a railroad company to lay its tracks, over, upon, under, and across such street or streets, or portions thereof.]

Section 145.  The act is amended by adding a section to read:

Section 1916.  Contracts with Passenger or Transportation Companies.--Except as may be prohibited by 66 Pa.C.S. Pt. I (relating to public utility code) or Federal or other state regulation of transportation or commerce, a city may, as it deems necessary for the public benefit and convenience, contract with a person or persons owning a public transportation service, railroad company, street railway, motor power company or passenger or transportation company.

Section 146.  Section 1917 of the act, amended June 28, 2011 (P.L.75, No.15), is repealed:

[Section 1917.  Sales of Personal Property.--No city personal property shall be disposed of by sale or otherwise except upon approval of council by ordinance or resolution. In cases where council shall approve a sale of city personal property, it shall estimate the sale value of the entire lot to be disposed of. If council shall estimate such sale value to be less than one thousand dollars, it shall require a notice of the proposed sale to be posted for at least ten days on the bulletin board in the city hall, describing and itemizing the property to be sold and directing that bids may be made thereon at the office of the city clerk. Thereafter, council may sell such property, in whole or in part, for the best price or prices obtainable. If council shall estimate the sale value to be one thousand dollars or more, the entire lot shall be advertised for sale once in at least one newspaper, in accordance with the provisions of section one hundred nine of this act, and sale of the property so advertised shall be made to the best responsible bidder; and the bids shall not be opened until at least ten days after the said advertisement. Council may sell any such property at auction, but the provisions as to notice contained in this section shall be likewise observed as to the holding of such auction sales. An auction may be conducted by means of an online or electronic auction sale. During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement. During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. Bidders may increase their bid prices during the electronic auction. The record of the electronic auction shall be accessible for public inspection. The purchase price shall be paid by the high bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by council. In the event that shipping costs are incurred, they shall be paid by the high bidder. A city that has complied with the advertising requirements of this section may provide additional public notice of the sale by bids or auction in any manner deemed appropriate by council. The advertisement for electronic auction sales authorized in this section shall include the Internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction. The provisions of this section shall not be mandatory where city personal property is to be traded-in or exchanged for new city personal property.]

Section 147.  Section 1918 of the act, amended October 17, 1974 (P.L.755, No.254), is repealed:

[Section 1918.  Street Construction and Improvement by City Employes.--Whenever a city uses the work or services of its employes in the construction or improvement, of any public street within the territorial limits, it shall be subject to the limitations and duties imposed by this article in the purchase of any materials for such construction or improvement. The provisions of this section shall not be construed to affect or limit the provisions of Article XXIX of this act.]

Section 148.  Section 1919 of the act, amended July 1, 1994 (P.L.373, No.55), is repealed:

[Section 1919.  Sales of Real and Personal Property to Certain Entities.--Any provision of this act requiring advertising for bids and sale to the highest bidder shall not apply where city real or personal property is to be sold to a county, city, borough, town, township, home rule municipality, institution district, school district, volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the city, or municipal authority pursuant to the act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945," a housing authority pursuant to the act of May 28, 1937 (P.L.955, No.265), known as the "Housing Authorities Law," an urban redevelopment authority pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law," a parking authority pursuant to the act of June 5, 1947 (P.L.458, No.208), known as the "Parking Authority Law," a port authority pursuant to the act of December 6, 1972 (P.L.1392, No.298), known as the "Third Class City Port Authority Act," or a corporation not for profit engaged in community industrial development. Any provision of this act requiring advertising for bids and sale to the highest bidder shall not apply where real property is to be sold to a corporation not for profit organized as a public library for its exclusive use as a library, to a medical service corporation not for profit, to a housing corporation not for profit, to the Commonwealth or to the Federal Government. When real property is to be sold to a corporation not for profit organized as a public library for its exclusive use as a library or to a medical service corporation not for profit or to a housing corporation not for profit, council may elect to accept a nominal consideration for the sale as it shall deem appropriate. Real property sold pursuant to this section shall be subject to the condition that when the property is not used for the purposes of the conveyance, the property shall revert to the city.]

Section 149.  Article XX heading of the act is amended to read:

ARTICLE XX

POLICE [BUREAU] FORCE

Section 150.  Sections 2001 and 2002 of the act, amended December 27, 1967 (P.L.893, No.403), are amended to read:

Section 2001.  Appointment, Number, Rank, Compensation and Qualifications of [Policemen] Police Officers.--(a)  The council shall fix, by ordinance, the number, grades and compensation of the members of the city police force, who shall, except as provided in section 2002, be appointed in accordance with the civil service provisions of this act[, and no].

(b)  No member of the city police force having been promoted in conformity with the civil service provisions of this act shall be demoted in rank or discharged from the police force except upon proper cause shown as set forth under the civil service provisions of this act.

(c)  No [policeman shall] police officer, after [his] the police officer's appointment and qualification, shall hold at the same time the office of constable.

(d)  Council shall [prescribe all necessary] promulgate rules and regulations for the organization and government of the police force. [The minimum annual starting salary or compensation to be paid the members of the police force by any city shall be four thousand five hundred dollars ($4,500), with minimum annual increments of three hundred dollars ($300) for the first three years of such employment. If the annual salary or compensation of any policeman employed by the city on the effective date of this amending act is less than four thousand five hundred dollars ($4,500), such salary or compensation shall be increased to four thousand five hundred dollars ($4,500), and such policeman shall receive minimum annual increments of three hundred dollars ($300) for the next three years of such employment.]

Section 2002.  Designation of Chief [and Other Officers].--The [mayor shall designate, from the force, the chief and other officers who shall serve as such officers until their successors are appointed and qualified. The chief of police shall be designated by the mayor and may be demoted without cause in the same manner, but not to any rank lower than the rank which he held at the time of his designation as chief of police.] chief of police shall be designated by the mayor from within the ranks and may be demoted without cause in the same manner, but not to any rank lower than the rank which was held at the time of designation as chief of police. In the event that no qualified officer from within the ranks has applied for such designation, the chief of police shall be designated by the mayor from without the ranks. The officers, other than the chief of police, shall be designated in accordance with Article XLIV.

Section 151.  Sections 2003, 2005, 2006, 2007, 2008 and 2009 of the act are amended to read:

Section 2003.  Extra [Policemen] Police Officers; Compensation.--[The mayor, whenever, in his judgment] Whenever in the judgment of the mayor it is necessary for the public safety or to preserve order, the mayor may appoint extra [policemen] police officers to serve for such period as the council may designate, not exceeding thirty days, whose compensation shall be fixed by council.

Section 2005.  Powers of [Policemen] Police Officers to Arrest.--[Policemen] Police officers shall be ex-officio constables of the city, and shall and may[, within the city or] enforce the laws of this Commonwealth or otherwise perform the functions of their office in accordance with 42 Pa.C.S. §§ 8952 (relating to primary municipal police jurisdiction) and 8953 (relating to Statewide municipal police jurisdiction) and upon property owned or controlled by the city or by a [municipality] municipal authority [of] created by the city [within the Commonwealth], without warrant and upon view, arrest and commit for hearing any and all persons guilty of breach of the peace, vagrancy, riotous or disorderly conduct or drunkenness, or who may be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens, or violating any of the ordinances of [said] the city for the violation of which a fine or penalty is imposed.

Section 2006.  Service of Process; Fees; Payment into Treasury.--[Policemen] Police officers shall have authority to serve and to execute [within the city or upon property owned or controlled by the city or by a municipality authority of the city within the Commonwealth all] criminal process or processes issued for the violation of city ordinances [which may be issued by the mayor or any alderman,] and shall charge the same fees and costs as pertain by law to the constables of the city for similar services, but the [said] fees and costs shall be [received and collected by the mayor or alderman, and by him] paid into the city treasury monthly as herein provided.

Section 2007.  Supervision by Mayor.--[Policemen] The chief of police shall obey the orders of the mayor and make report to [him] the mayor, which report shall be [laid by him before council monthly] presented monthly by the mayor to council. [The mayor shall exercise a constant supervision and control over their conduct.]

Section 2008.  Extra Compensation Prohibited; Exception; Penalty.--No [policeman] police officer shall ask, demand or receive any compensation or reward whatsoever for [his] the police officer's services other than that provided by ordinance, except rewards offered for the arrest of persons accused of crime committed outside of the city in which [they hold office, and witness fees and mileage as provided by law for their appearance in any court of record] such officer is employed. Any [policeman] police officer violating any of the provisions of this section [shall be guilty of] commits a misdemeanor [in office, and, upon conviction, shall be sentenced to pay a fine not exceeding fifty dollars, or undergo imprisonment not exceeding thirty days, or both, at the discretion of the court,] of the third degree and shall, upon conviction, be sentenced to pay a fine or undergo imprisonment, or both, at the discretion of the court, to be followed by dismissal from office.

Section 2009.  Compensation or Insurance for Volunteer [Policemen] Police Officer.--Each city may make necessary appropriations to provide compensation or insurance for volunteer [policemen] police officers injured or killed while engaged in the performance of such duties as may be assigned to them in the city.

Section 152.  Section 2010 of the act, amended April 6, 1998 (P.L.236, No.44), is amended to read:

Section 2010.  School Crossing Guards.--(a)  Upon request of the board of school directors of the school district in which a city is located, the city council may appoint school crossing guards who shall have the duty of controlling and directing traffic at or near schools [and who shall be in suitable and distinctive uniform. School crossing guards shall be authorized only in the management of traffic and pedestrians in and around areas identified by the city police department and the school district superintendent]. They shall serve at the pleasure of the city council, except as noted in subsection (b)[, and shall not come within the civil service provisions of this act and shall not be entitled to participate in any city pension plan or plans now in effect or hereafter effective]. The compensation of the school crossing guards, if any, shall be fixed by the city council and shall be jointly paid by the city council and the board of school directors, in a ratio to be determined by the city council and board of school directors. If the city council and board of school directors are unable to determine the ratio of compensation of the school crossing guards to be paid by the council and the board, each shall pay one-half of the compensation of [such police. Auxiliary policemen, appointed as prescribed by general law, may be designated to serve as school crossing guards] the school crossing guards.

(b)  A city council may [approve] enact an ordinance allowing a board of school directors to assume the hiring and oversight of the school crossing guards. Before city council may [approve] enact such an ordinance, the board of directors of the school district shall [approve] adopt a resolution requesting the authority to assume the hiring and oversight of the school crossing guards. The ordinance enacted by council shall outline how the city police department will provide any necessary training and assistance of the school crossing guards while on duty. [Such school crossing guards will be authorized only in the management of traffic and pedestrians in and around areas identified by the city police department and the school district superintendent or his or her designee. The school crossing guards shall not come within the civil service provision of this act, nor shall they] School crossing guards shall not fall under the bargaining unit of the school district nor be classified as an employe as defined under section 1101-A of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949," or under any benefits as provided under the "Public School Code of 1949[,]." [or under any plans hereafter effective. Once] After the ordinance [receives] is enacted by city council [approval], the school district shall assume the cost of compensation, including fixing such compensation, if any, of the school crossing guards. [Auxiliary policemen, appointed as prescribed by general law, may be hired by the school district to serve as school crossing guards.] The board of school directors shall notify the city council, mayor and police chief or commissioner of those hired to serve as school crossing guards and request the necessary training or assistance be provided as outlined by the ordinance.

(c)  Whether the city council appoints school crossing guards upon the request of the board of school directors or whether the city council enacts an ordinance allowing a board of school directors to assume the hiring and oversight of the school crossing guards, the following shall apply to school crossing guards:

(1)  Their duties and authority shall be restricted to the management of traffic and pedestrians in and around areas identified by the city police force and the school district superintendent or a designee.

(2)  They shall be in suitable and distinctive uniform while performing their duties as school crossing guards.

(3)  They shall not come within the civil service provisions of this act.

(4)  They shall not be entitled to participate in any city or school district pension or benefit plan or plans now in effect or hereafter effective.

(5)  Auxiliary police officers, appointed as prescribed by general law, may be designated by city council or hired by the school district, as applicable, to serve as school crossing guards.

Section 153.  Article XXI heading of the act is reenacted to read:

ARTICLE XXI

FIRE BUREAU

Section 154.  Section 2101 of the act is amended to read:

Section 2101.  Organization of Fire Bureau; Maintenance; Apparatus.--[Each city may organize a fire bureau, with or without pay, make] With regard to a city fire bureau, council shall have the authority to:

(1)  by ordinance, establish and organize a fire bureau;

(2)  make appropriations for the maintenance of the same[, prescribe];

(3)  promulgate rules and regulations for the government of the officers and companies belonging thereto[,]; and

(4)  purchase equipment and apparatus for the extinguishment, prevention and investigation of fires and for the public safety.

Section 155.  Section 2101.1 of the act, added July 1, 1994 (P.L.373, No.55), is amended to read:

Section 2101.1.  Appointment and Demotion of Fire Chief [and Deputy Fire Chief].--The mayor, by and with approval and consent of council, shall appoint the fire chief [and deputy fire chief] who may be demoted without cause but not to any rank lower than the rank which [he] the fire chief held within the department at the time of [his] designation as fire chief [or deputy fire chief]. In the event that no qualified employe of the fire bureau has applied for such appointment, the fire chief shall be appointed by the mayor, by and with approval and consent of council, from without the ranks.

Section 156.  Section 2102 of the act, amended November 9, 1965 (P.L.670, No.328), is amended to read:

Section 2102.  Paid Bureau; Election of Officers and Companies.--When a paid fire bureau is organized by any city, the council, except as provided by section 2101.1, may provide[,] by ordinance[,] for the election or appointment of the officers and companies belonging thereto, in accordance with civil service provisions where applicable. The minimum annual starting salary or compensation to be paid the officers and [firemen] firefighters by any city shall be [four thousand five hundred dollars ($4,500), with minimum annual increments of three hundred dollars ($300) for the first three years of such employment. If the annual salary or compensation of any fireman employed by the city on the effective date of this amending act is less than four thousand five hundred dollars ($4,500), such salary or compensation shall be increased to four thousand five hundred dollars ($4,500), and such fireman shall receive minimum annual increments of three hundred dollars ($300) for the next three years of such employment] established by the city council.

Section 157.  Section 2103 of the act, amended July 19, 1957 (P.L.1012, No.448), is amended to read:

Section 2103.  Platoon System; Hours of Service[; Vacation; Sick Leave].--(a)  The director of the department having charge of the fire bureau in [each city shall] a city may divide the officers and members of companies of the uniformed fire force in the employ of [such cities] the city, and any other [firemen] firefighters and drivers regularly employed and paid by the city, excepting the chief engineer and assistant chiefs, and those employed subject to call, into [two] shifts, bodies or platoons to perform service during such hours as the director shall fix[, except as herein otherwise provided. The hours of day service shall not exceed ten, commencing at eight o'clock in the morning; the hours of night service shall not exceed fourteen, commencing at six o'clock in the afternoon; and the hours of day service shall not exceed fifty hours in any one calendar week, and the hours of night service shall not exceed seventy hours in any one calendar week, unless the hours of day and night service shall be equalized, in which case neither the hours of day or night service shall exceed fifty-six in any one calendar week: Provided, That for the duration of any war in which the United States is engaged, and six months thereafter, the hours of service may exceed the number hereinbefore provided as the maximum number of hours of service, and in such cases, council shall provide for the payment of extra compensation for any hours of service, at the same rate as paid for regular service in excess of such maximum hours of service. The employes of such fire forces shall be allowed to have at least twenty-four consecutive hours of rest in every calendar week, to have an annual vacation of not less than fourteen working days, and shall be entitled to twenty-one days sick leave annually without diminution of the salary or compensation fixed by ordinance. In those instances in which sick leave exceeds four days at any one time, it shall be necessary for the employe to present evidence satisfactory to the director of the department showing either injury, hospitalization, or illness attended to by a physician]. In cases of riot, serious conflagration, times of war, public celebrations, or other such emergency, the [chief engineer of the bureau of fire, or the assistant chief deputy, or chief] fire chief or officer in charge at any fire shall have the power to assign all the members of the fire force to continuous duty[,] or to continue any member thereof on duty, if necessary. [No member of any of said shifts, bodies or platoons shall be required to perform continuous day service or continuous night service for a longer consecutive period than two weeks, nor be kept on duty continuously longer than ten hours in the day shifts, bodies or platoons or fourteen hours in the night shifts, bodies or platoons, excepting as may be necessary to equalize the hours of duty and service, and also excepting in cases of emergency, as above provided.]

(b)  Except as provided in subsection (c), no schedule shall require a member of any shift, body or platoon to perform continuous service for a consecutive period of twenty-four hours, except in cases of emergency or as otherwise agreed through collective bargaining or an award pursuant to the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act. The provisions of this subsection shall not be deemed to alter or affect any schedules in existence prior to the effective date of this subsection.

(c)  In a city where the work schedule in existence prior to the effective date of this subsection required a work shift of less than twenty-four hours, no schedule shall require a member of any shift, body or platoon to perform continuous service for a consecutive period of twenty-four hours, except in cases of emergency or as otherwise voluntarily agreed through collective bargaining. Once so modified, no further work schedule may contain provisions reinstituting a restriction on duty of less than twenty-four hours of continuous service.

Section 158.  Sections 2104, 2105, 2106, 2107 and 2108 of the act are amended to read:

Section 2104.  Fire Marshal; Powers.--Every city may, by ordinance, provide for the creation of the office of fire marshal who shall be appointed by the mayor, by and with the approval and consent of council, biennially. The fire marshal and [his] any authorized assistants[, if council shall provide for such assistants,] shall inspect all constructions or buildings within the city or upon property owned or controlled by the city or a [municipality] municipal authority of the city within the Commonwealth[, whether public, private, or business,] and shall enforce all laws of the Commonwealth and ordinances of the city relating to such constructions or buildings, for the prevention, containment, or investigation of fire and fire hazards, both as to the constructions or buildings and as to the contents or occupancies thereof. The fire marshal or [his] the fire marshal's assistants shall report to the director of public safety or to council or other designated official, as council shall by ordinance provide, any faulty or dangerous construction or building or like condition in any building[,] that may constitute a fire hazard[,] or any proposed use or occupation of any construction, building or premises[,] which would create or increase a hazard of fire. [He] The fire marshal shall investigate and keep a permanent record of the cause, origin and circumstances of every fire and the damage resulting therefrom occurring within [his] the fire marshal's jurisdiction immediately after the occurrence of [such] the fire. The [said] records of the fire marshal shall be open to public inspection[.] except as exempted in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law." The fire marshal shall submit to council an annual report consolidating the information contained in [said records at the first stated meeting in March of each year] the records as directed by council. [He shall request the mayor or any alderman of the city to investigate, under the act, approved the seventeenth day of April, one thousand eight hundred sixty-nine (Pamphlet Laws 74), the origin of any fire he deems suspicious; and shall be equally subject to appointment and removal and to all the powers and duties under the act, approved the twenty-seventh day of April, one thousand nine hundred twenty-seven (Pamphlet Laws 450, Number 291), as amended, as is the chief of the fire department] If a fire is deemed suspicious, the fire marshal shall have the authority to investigate the same.

Section 2105.  Obstructing Fire Marshal; Fine.--It shall be unlawful for any person to obstruct or prevent or attempt to obstruct or prevent the fire marshal in the discharge of [his] the fire marshal's duties. Council may, by ordinance, establish the types or grades of such criminal conduct[,] and may establish fines[,] or imprisonment [in default of payment thereof], or both, for such violations. No fine so ordained shall exceed [three hundred] one thousand dollars for any single violation, and no imprisonment [in default of payment of such a fine] shall exceed ninety days.

Section 2106.  Investigation of Cause of Fire; Power of Mayor.--The mayor of any city may, whenever in [his] the mayor's judgment the occasion demands it, issue a subpoena, in the name of the Commonwealth of Pennsylvania, to any person or persons requiring [them to attend] the attendance of the person or persons before [him] the mayor or the fire marshal at [such] the time and place as may be named in [said] the subpoena, then and there to testify, under oath or affirmation, which the fire marshal in the absence of the mayor is hereby empowered to administer, as to the origin of any fire occurring within the bounds of such city[,] and also as to any facts or circumstances that may be deemed important to secure the detection and conviction of any party or parties guilty of the offense of arson or attempted arson.

Section 2107.  Fire Chief Ex-officio Fire Marshal.--The fire chief of any city shall be ex-officio fire marshal thereof in any city wherein the office is not separately filled [by council] pursuant to ordinance, and in [such] that case all the powers and duties herein given to or imposed upon [such] the fire marshal shall be enjoyed and exercised by [such] the fire chief [of the fire department].

Section 2108.  Compensation Insurance for Injured Volunteer [Firemen] Firefighters or Special Fire Police.--Each city may make [such] appropriations as may be necessary to secure insurance or compensation for volunteer [firemen] firefighters killed or injured while engaged in the performance of their duties or as special fire police.

Section 159.  Section 2109 of the act, added June 16, 1993 (P.L.97, No.21), is amended to read:

Section 2109.  Salary of Nonunion City Fire Officers.--[Any] A fire chief or head of a fire department of a city who has been removed from bargaining units under the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act, by rulings of the Pennsylvania Labor Relations Board shall receive not less than the same dollar increase, including fringe benefits but excluding overtime and festive holiday pay, as received by the highest-ranking fire officer participating in the bargaining unit.

Section 160.  Article XXII heading of the act is amended to read:

ARTICLE XXII

[BUREAU OF MINE INSPECTION AND]

SURVEYS AND SURFACE SUPPORT

IN COAL MINING AREAS

Section 161.  Sections 2201 and 2202 of the act are repealed:

[Section 2201.  Ordinance Creating.--Any city within the limits of the anthracite or of the bituminous coal regions of the Commonwealth may, by ordinance, create a bureau of mine inspection and surface support.

Section 2202.  Bureau, How Constituted.--The bureau shall consist of one practical mining engineer, to be appointed by the mayor, with consent of the council, and such assistants, clerks, and employes as the council may provide. The officers and employes of the bureau shall receive such compensation as may be prescribed by council.]

Section 162.  Sections 2203, 2204, 2205, 2206 and 2207 of the act are amended to read:

Section 2203.  [Inspection of Mines] Survey of Mines.--[Members of the bureau may enter, inspect, examine] For the purpose of conducting a survey as may be required by council, the city engineer or other registered professional engineer employed by the city may enter and survey any mine or colliery, within the limits of the city, in whole or in part, at all reasonable times, either by day or night, but not so as to impede nor obstruct the workings of the mine or colliery; and may take with them [such] other persons [as may be] necessary for the purpose of making [an examination or] a survey. The owner, operator[,] or superintendent of such mine or colliery shall furnish the means necessary for [such] the entry, [inspection, examination,] survey and exit.

Section 2204.  Operators to Furnish Maps; Contents.--The owner, operator[,] or superintendent of every coal mine or colliery within the limits of the city, in whole or in part, [within three months after the passage of an ordinance by any city creating such bureau,] shall, at the request of council, make or cause to be made and furnished to [such bureau] the city engineer an accurate map or plan of the workings or excavations of [such] each coal mine or colliery, or parts thereof, within the limits of [said] the city[, on a scale of one hundred feet to the inch. The map or plan shall exhibit the workings or excavations in every seam of coal on a separate sheet, and the tunnels and passages connecting with such workings or excavations. It shall show in degrees the general inclination of the strata, with any material deflection therein in the workings or excavations, and shall also show the tidal elevations of the bottom of every shaft, slope, tunnel, and gangway, and of any other point in the mine or on the surface where such elevation shall be deemed necessary by the bureau. The map or plan shall show the number of the last survey station and date of each survey on the gangways or the most advanced workings].

Section 2205.  Extensions to be Placed on Maps.--[Every mine owner, operator, or superintendent shall place or cause to be placed upon the map of the bureau, at least] Not less than once in every three months, a map that has been provided to a city, at the request of council, pursuant to section 2204, shall be updated at the direction of the mine owner, operator or superintendent. The updated map shall show all the extensions made in any mine, wholly or partially within the limits of [such] the city, and not already so placed upon the map, except those made within thirty days immediately preceding the time of placing [such] the extensions upon the [said] map.

Section 2206.  Certain Surface Supports Not to be Removed.--It shall be unlawful for any person, [copartnership] partnership, association, or corporation to dig, mine, remove, or carry away the coal, rock, earth, or other minerals or materials forming the natural support of the surface beneath the streets and places of any city[, in the anthracite region or in the bituminous region,] to such an extent and in such a manner as to thereby remove the necessary support of the surface, without having first placed or constructed an artificial permanent support sufficient to uphold and preserve the stability of the surfaces of such streets and places.

Section 2207.  Penalty for Surface Support Violations.--Any person, corporation or association[, being the owner, lessee or operator of any coal mine, and] violating the provisions of this article concerning surface support of streets and places within the city [shall be guilty of] commits a misdemeanor[,] and shall, upon conviction [thereof shall], be sentenced for such offense to pay a fine not exceeding one thousand dollars, or [to undergo] imprisonment [in the county jail] for a period not exceeding ninety days, or both, and each [five day continuance in any] day in which such violation continues shall constitute an additional and separate offense [and be likewise punishable upon conviction thereof].

Section 163.  Section 2208 of the act is repealed:

[Section 2208.  General Penalties.--Any owner, operator or superintendent of any coal mine or colliery who shall violate any of the provisions of this article, except those requiring surface support of streets and places within the city, shall, upon summary conviction thereof before a justice of the peace or an alderman of the city, be fined not less than fifty dollars nor more than three hundred dollars, and in default of payment thereof, shall be imprisoned for not more then ninety days for each such violation. Each five day continuance in any such violation shall constitute an additional and separate offense and be likewise punishable upon summary conviction thereof. All fines imposed under this section shall be paid into the treasury of the city.]

Section 164.  Section 2209 of the act is reenacted to read:

Section 2209.  Enactment of Ordinances.--Council may enact such ordinances as may be necessary for the enforcement of the provisions of this article and provide penalties for the violation thereof.

Section 165.  Article XXIII and subdivision (a) headings of the act are reenacted to read:

ARTICLE XXIII

PUBLIC HEALTH

(a)  Board of Health

Section 166.  Section 2301 of the act is amended to read:

Section 2301.  Board of Health[; Incompatibility].--Each city shall have a board of health. Council may, by ordinance, create a board of health [as herein provided], or, in lieu thereof, council shall be the board of health. [The board of health shall have five members appointed by council, who shall serve without compensation. Except as otherwise herein provided, membership on the board of health shall be incompatible with every other city office.] If council is the board of health, members of council shall receive no additional compensation for serving on the board.

Section 167.  Section 2302 of the act, amended June 16, 1993 (P.L.97, No.21), is amended to read:

Section 2302.  [Qualifications; Term; Removal.--The] Members of Appointed Boards of Health.--(a)  Council shall appoint five members to a board of health created by ordinance. Appointed members shall serve without compensation. Except in the case of an appointed member who is a licensed or certified health care professional that has a principal office in the city, members of the appointed board of health shall be residents of the city. [At least one, and whenever possible two,]

(b)  Two members of the board shall be [currently] licensed or certified health care professionals unless council cannot identify two such professionals who are willing to serve, in which case, one member shall be a licensed or certified health care professional. If no licensed or certified health care professional can be identified to serve on the board, council may, in lieu thereof, appoint any individual who has experience or is knowledgeable of public health issues.

(c)  Health care professionals pursuant to this section must be licensed or certified by the State Board of Medicine, the State Board of Examiners of Nursing Home Administrators, the State Board of Podiatry, the State Board of Veterinary Medicine, the State Board of Occupational Therapy Education and Licensure, the State Board of Osteopathic Medicine, the State Board of Pharmacy, the State Board of Physical Therapy [or], the State Board of Nursing [to be engaged in a medical, medically related or health care profession or business and shall be a resident or have an office in the city. If a licensed or certified medical or health care professional cannot be identified to serve on the board, council may appoint any individual who has experience or is knowledgeable of public health issues], the State Board of Social Workers, Marriage and Family Therapists and Professional Counselors, the State Board of Chiropractic, the State Board of Dentistry, the State Board of Optometry, the State Board of Psychology or the State Board of Examiners in Speech-Language and Hearing.

[Upon] (d)  After the creation of the board, by ordinance, council shall designate [for] one appointee for a term of one year, [for] another for a term of two years, and so on up to five; thereafter, one member of the board shall be appointed annually to serve for a term of five years from the first Monday of [April] January succeeding [his] the member's appointment.

(e)  Council may remove appointed members of the board for official misconduct or neglect of duty.

(f)  All vacancies on appointed boards shall be filled by council appointing a qualified person to membership on the board for the unexpired term of the person whose membership had been vacated.

Section 168.  Sections 2303, 2304, 2305, 2306, 2307, 2308, 2309, 2310 and 2311 of the act are amended to read:

Section 2303.  Oath of Office; Organization; Secretary.--(a)  Each member of the board of health shall take the oath of office prescribed in section [nine hundred and five of this act] 905.

(b)  The board of health shall organize annually on the first Monday of January[. The board] and shall elect a president annually from among [the] its members. [and]

(c)  Council shall appoint a secretary of the board of health who is not a member of the board of health. [board member. The secretary shall take the aforesaid oath and shall give a fidelity bond with corporate surety to the city in such amount as council requires.] The secretary shall receive [such] a salary as approved by council [shall approve].

Section 2304.  Duties of Secretary.--The secretary of the board shall have the power and the secretary's duty shall be as follows:

(1)  To keep the minutes of the proceedings of the board[, shall keep] and accurate accounts of the expenditures of the board.

(2)  To [, shall] draw all requisitions for the payment of moneys on account of the board of health from appropriations made by the council to the board and shall present the same to the president of the board for [his] the president's approval.

(3)  To [, shall] render statements of the expenditures to the board at each stated meeting or as frequently as the board may require.

(4)  To [, shall] prepare, under the directions of the board, the annual report to council, together with the estimate of appropriations needed for the ensuing year.

(5)  To [He shall] make such reports to the State Department of Health as are required by law or by rule or regulation of the [Department] department.

(6)  To [, and shall] make such other reports and perform such other duties as are required [of him] by law or by the board of health.

Section 2305.  Health Officer; Qualifications; Oath [and Bond.--The board shall appoint as].--(a)  Council shall, by ordinance, determine the manner and method of selection of a health officer who shall be a person with [some] experience or training in public health work [in accordance with rules and regulations of the Advisory Health Board of] and who shall be or, within six months of taking the oath of office, shall become certified for the office of health officer by the State Department of Health[, and who shall not enter upon his duties until he has been certified for the office of health officer by the State Department of Health]. The health officer shall take the oath required of members of the board. [, and shall give bond with corporate surety approved by council to the city for the faithful performance of his duties. The amount of the bond shall be fixed by council.] The health officer shall be the agent of the board of health but shall not serve as a member of the board of health.

(b)  City council may appoint, as the principal health officer of the city, the manager or chief administrator employed and compensated by a nonprofit corporation which may be appointed as a board of health in accordance with subdivision (c). The manager or chief administrator, to be eligible for appointment, must be a reputable physician with at least five years' experience in the practice of the physician's profession or in public health work. The principal health officer, appointed pursuant to this subsection, shall have all the powers and authority and duties now or hereafter to be conferred or prescribed by law upon principal health officers.

Section 2306.  Duties of Health Officer.--(a)  The duties of the health officer shall include the following:

(1)  [It shall be the duty of the health officer to] To attend all [stated] regular and special meetings of the board of health [and to].

(2)  To be available for the prompt performance of [his] the health officer's official duties [at all times. He shall].

(3)  To quarantine places of communicable diseases in accordance with law and with the rules and regulations of the State Department of Health or of the city board of health.

(4)  [He shall] To execute all laws and rules or regulations for the disinfection of quarantined places.

(5)  [He shall] To serve written notice on teachers and persons in charge of public, parochial, Sunday and other schools[,] requiring the exclusion from school of children who are suffering from, or who reside with persons who are suffering from, communicable diseases[, and shall].

(6)  To make sanitary inspections[, and shall] subject to constitutional standards in a similar manner as provided in section 2308.

(7)  To execute the orders of the board of health and all other laws, rules and regulations and orders pertaining to [his] the health officer's office.

(b)  The health officer [He] shall[, in the performance of his duties, have the power and authority of a policeman of the city] to the extent the health officer's duties have the power to issue citations for the violation of applicable laws or ordinances.

Section 2307.  Duties of Board of Health.--[The board of health shall enforce the laws of the Commonwealth and the rules, regulations and orders of the State Department of Health.] (a)  The board of health shall undertake to prevent or diminish the introduction or further spread of infectious or contagious diseases[,] and otherwise to protect and increase the public health by regulating communication with places of infection or contagion, by isolating carriers of infection or contagion or persons who have been exposed to any infectious or contagious disease, by abating or removing all nuisances which the board shall deem prejudicial to the public health, and by enforcing the vaccination laws; and the board shall make all such rules and regulations as to it appear proper for the preservation or improvement of the public health, consistent with this article and the laws of the Commonwealth.

(b)  In carrying out its duties under this act, the board of health shall, if authorized, enforce the laws of the Commonwealth that are relevant to and relate to its duties.

(c)  The board of health shall transmit to the State Department of Health all of its reports and publications and such other information regarding public health in the city as may be requested or required by the [Department] department.

Section 2308.  Powers of Board of Health.--The board of health shall have authority:

(1)  [To employe] If authorized by council, to employ agents and employes at rates of compensation approved by council. [at such rates or salaries as council shall approve.

(2)  To establish and staff emergency hospitals, with the consent of council, in case of the prevalance or threat of any contagious or infectious disease or other serious peril to public health, and to provide for and regulate the management of such hospitals.

(3)] (2)  To enter upon any premises whatsoever within the city as a body or by committee or by its agents or employes, which premises are suspected of infectious or contagious disease or of any other nuisance prejudicial to the public health, or of the danger of them, for the purpose of examining the premises or of preventing, confining or abating public nuisances. The following apply:

(i)  In the event that entry upon any premises is refused by an owner, an agent of an owner, or tenant, the board of health shall obtain an administrative search warrant from any magisterial district judge within the judicial district wherein lies the premises to be inspected.

(ii)  It shall be sufficient to support the issuance of a warrant for the board of health to provide to the magisterial district judge evidence of any of the following:

(A)  Reasonable standards and an administrative plan for conducting inspections.

(B)  The condition of the premises or general area and the passage of time since the last inspection.

(C)  Facts, supported by an oath or affirmation, alleging that probable cause exists that a law, regulation or ordinance subject to enforcement by the board of health has been violated.

[(4)] (3)  To conduct investigations and to hold public hearings in the performance of its duties and powers, wherein the president and secretary of the board shall have full power to administer oaths and affirmations but shall receive no fee therefor. For such purposes, the board of health may require the attendance of witnesses and their books and papers in accordance with section 917.

[(5)  To establish a force of sanitary police for the enforcement of its rules and regulations, whenever in the opinion of the board the public health of the city requires. To fix the number of such police and the duration of their service and to have the exclusive control and direction of them. The mayor shall detail police from the regular police force or make new appointments in order to provide a sanitary police force, and upon the expiration of the need for such a force the members thereof shall be returned to duty as regular policemen, or, if newly appointed, be dismissed as the mayor may direct, but no permanent increase of the police force shall be made thereby unless council so ordains.

(6)] (4)  To publish and enforce its rules and regulations as approved by council.

[(7)  To] (5)  If approved by council, to provide for or cooperate in providing for general and gratuitous vaccination, disinfection and other public health control programs, and likewise to make available medical relief in such ways as in its opinion will benefit the public health.

[(8)  To certify to council expenditures in excess of council's appropriations therefor, necessarily incurred by the board by reason of an epidemic, or upon approval of council, for any other immediate and serious peril to public health. Council shall thereupon appropriate sufficient money to meet such additional expenditures.

(9)] (6)  To [prevent, abate or remove] provide, in accordance with subdivision (b), for the prevention, abatement and removal of conditions found by it to be detrimental to the public health as public, not private, nuisances[,] or to declare and certify to council [such] the conditions and the premises or ways or places harboring [them] the condition to be public, not private, nuisances.

[(10)  To prescribe regulations for the erection or operation of bone boiling establishments or of repositories of dead animals in the city, and in accordance therewith, to permit or refuse to permit such erections or operations within the city. Any person who shall erect or operate any such establishment or repository in the city without the permission of the board of health, or in violation of its regulations pertaining thereto, shall forfeit and pay to the city the sum of three hundred dollars for every such offense, and the like amount for each month's continuance thereof, to be collected by an action before an alderman of the city, and shall also be subject to indictment for the common law offense of creating and maintaining a nuisance. Nothing herein shall limit the remedies of injunction or abatement as to any such establishment.

(11)  To determine whether or not the keeping or slaughtering of stock animals or fowls in or about any dwelling or part thereof, or in the yard, lot or adjoining property of any such building within the city or parts thereof, is or may become detrimental to the public health. Council may prohibit any such keeping or slaughtering which the board certifies to it as detrimental, or the board may issue permits in accordance with regulations adopted by it for the keeping of such animals or fowls within the city or parts thereof. No such permit shall extend beyond the calendar year within which it was issued, and the fee for each permit shall be one dollar.]

Section 2309.  Effect of Rules and Regulations.--[The rules and regulations of the board of health may be approved by council, and when printed and advertised by council as required by this act in the case of ordinances, shall have the force of ordinances of the city; and all penalties, fines or imprisonment prescribed therein for violations thereof, together with the expenses necessarily incurred in carrying the rules and regulations into effect and the costs of proceedings incident thereto, shall be recoverable for the use of the city, as provided for in the case of other city ordinances.] Rules and regulations adopted by the board of health shall be presented to city council for its approval. City council shall have the authority to approve, by ordinance, the rules and regulations submitted by the board of health. Upon approval by council, the rules and regulations of the board of health shall have the force and effect of ordinances of the city. The ordinance approving the rules and regulations may incorporate them by reference. Council shall provide a place for the public to view the rules and regulations. The ordinance approving the rules and regulations shall prescribe the penalties, fines or imprisonment for violations thereof.

Section 2310.  Fees and Penalties.--All fees and penalties collected or received by the board or any officer thereof [in his] acting in an official capacity shall be paid [monthly] as received to the city treasurer for the use of the city.

Section 2311.  Proceedings of Board to be Public.--The proceedings of the board shall be public and its journal of proceedings shall be open to [the] public inspection [of any taxpayer].

Section 169.  Article XXIII subdivision (b) heading of the act is amended to read:

(b) [Abatement of] Public Nuisances Detrimental

to Public Health

Section 170.  Sections 2320 and 2321 of the act are amended to read:

Section 2320.  [Definition.--] Determination of Public Nuisances.--(a)  Any condition or usage whatsoever in or about the buildings, structures or land, or the streets or private ways and places, or elsewhere, within the city, whether public or private, [which] if determined by the board of health [shall find] to be detrimental to the public health [is hereby declared to be] shall constitute a public nuisance. Whenever in this subdivision the words "public nuisance" or "nuisance" are used, they shall be deemed to mean a nuisance detrimental to the public health, unless a different meaning is specified.

(b)  The powers of investigation and entering upon premises vested in the board of health and its agents and employes pursuant to its orders shall be available for the determination of public nuisances.

Section 2321.  [Procedure for the] Abatement of Public Nuisances by Designated Department.--[Whenever the board of health shall determine, after such examination, investigation or hearing as shall suffice to inform its judgment, that a public nuisance exists or is about to exist, it may order the nuisance to be removed, abated, suspended, altered, or otherwise prevented or avoided. Notice of such order, bearing the official title of the board and the number of days for compliance therewith and the alternative remedy of the board in case of non-compliance, shall be served upon the person, if any, whom the board deems responsible therefor or concerned therein, and upon the owner or abutting owner of the land, premises or other places whereon such a nuisance is or is about to be, if any. In case no such party or parties can be discovered by the board, the order shall be served by posting a copy or copies thereof conspicuously upon the premises for a period of at least ten days.] (a)  If, in accordance with this subdivision, the board of health determines that a public nuisance exists, it shall report its determination, along with any request for summary abatement, to the department designated by council in section 2702-A, relating to the report and investigation of a public nuisance.

(b)  Notwithstanding any other provision of Article XXVII-A, the department designated to abate public nuisances shall proceed as follows:

(1)  The report to the designated department that the board of health has determined that a public nuisance exists shall be deemed a determination by the designated department that a public nuisance exists as required by section 2702-A(d)(1).

(2)  Summary abatement, if requested by the board of health, shall be pursued if the designated department finds that the criteria set forth in section 2702-A(d)(2) exists.

(3)  If summary abatement is not pursued, the designated department shall proceed with abatement with prior notice in accordance with Article XXVII-A.

Section 171.  Sections 2322, 2323 and 2324 of the act are repealed:

[Section 2322.  Contents of Notice.--The notice of the board's order shall clearly specify:

1.  The place and manner of the nuisance or anticipated nuisance as determined by the board;

2.  The nature or condition thereof;

3.  The board's order with respect to the nuisance or anticipated nuisance;

4.  The names of the persons found by the board to be responsible therefor or concerned therewith and the name of the owner, if any, of the land or premises involved;

5.  The date of the board's order and the number of days therefrom allowed for compliance with it;

6.  The alternative remedy of the board in case of non-compliance;

7.  Notice that the persons affected thereby may apply, within the time set for compliance with the order, to the board for a hearing, and may request such stay of execution or modification or rescission of the said order as they shall believe just and proper;

8.  The signature of the president of the board, attested by the secretary.

Section 2323.  Hearing; Disposition.--If any person affected thereby shall apply for a hearing within the time provided, the board shall promptly notify all interested parties of the time and place of the hearing. The board shall enter upon its minutes such facts and proofs as it may receive, and its proceedings on such hearing and thereafter may rescind, modify or reaffirm its order and require execution of the original or of a new or modified order, as it shall determine and direct. The persons affected shall be notified of the board's final order, and within ten days from the mailing of such notice may appeal therefrom to the court of quarter sessions, which appeal may operate as a supersedeas if the court, upon proper cause shown, so orders, and provided the appellants post bond, approved by the court, for the use of the city, with sufficient surety to cover all the expense and costs of executing the board's order.

Section 2324.  Abatement of Public Nuisances by Board of Health or City.--In any case where the persons ordered by the board of health to abate or prevent a public nuisance or anticipated public nuisance refuse or neglect to do so within the time specified in the original or any subsequent order of the board, then, unless the said order shall have been suspended by appeal to the court and proper bond posted, the board may direct its health officer and employes to execute the said order; or if the execution of the said order requires the grading, paving or repaving of private alleys or any similar work upon any property whatsoever within the city or any other work or service that may best be performed or contracted for by the agencies and employes of the city itself, then the board shall certify its order to the city council and council shall thereupon proceed to cause the execution of the order. In any case where the board of health or the council thus abates or prevents or causes the abatement or prevention of a public nuisance, the cost and expense of such work, services and materials shall be charged to the persons affected in their proper proportions; and upon non-payment of such charges, the city may file a lien therefor upon the affected premises in the name of and for the use of the city, as provided by law for municipal claims, in addition to the other remedies available for the collection of debts due the city. The lien shall attach as of the time the work was commenced, which shall be fixed by the certificate of the health officer or of the city engineer filed with the city clerk.]

Section 172.  Article XXIII subdivision (c) heading of the act is reenacted to read:

(c)  Corporations Acting as Boards of Health

Section 173.  Section 2330 of the act is amended to read:

Section 2330.  Board of Directors of Corporation to be Appointed Members of Board of Health.--[Whenever any corporation not for profit has been or shall hereafter be chartered, whose principal corporate purpose is or shall be substantially to preserve and promote the health of the public of any city, and the control and elimination of disease, and such corporation, in the opinion of the council of such city and the State Department of Health, shall have at its disposal sufficient means to render its assistance of value to the city in the administration of its public health affairs, and is properly organized and managed, said council may, by ordinance, appoint the members of the board of directors for such corporation as the board of health of such city for a term of five years. The said board of directors shall not be more than nine or less than five in number, and at least two of the members shall be reputable physicians with not less than five years' experience in the practice of their profession. When, by limitation in the charter or by-laws of such corporation, the office of any member of the board of directors shall terminate, such person's membership in the board of health shall also terminate and a vacancy in such membership exist, to be filled as hereinafter provided. Whenever the number of directors of such corporation shall be increased, subject, however, to the aforesaid maximum limitation of nine, the council of said city may appoint any person added to the corporation's board of directors as an additional member of the board of health for a term equal in the unexpired term of the other members, subject, also, to termination resulting from limitations in the corporation's charter or by-laws as aforesaid.] (a)  City council may, by ordinance, appoint the members of a board of directors of a nonprofit corporation as the board of health for the city for a term of five years provided that the nonprofit corporation:

(1)  Has as its principal purpose to substantially preserve and promote the health of the public of the city and to control and eliminate disease.

(2)  Has sufficient means to render valuable assistance to the city's public health affairs in the opinion of city council and the State Department of Health.

(3)  Is properly organized and managed.

(4)  Has no fewer than five and no more than nine members on the board of directors.

(5)  Has at least two reputable physicians on the board with each having no less than five years' experience in the practice of the physician's profession.

(b)  When the office of any member of the board of directors terminates pursuant to the nonprofit corporation's charter or bylaws, the office of the member of the board of health shall also terminate with the resulting vacancy to be filled as hereinafter provided.

(c)  If the number of the board of directors of the nonprofit corporation increases, subject to the limitation of a maximum of nine members, city council may appoint any person added to the corporation's board of directors as an additional member of the board of health for a term equal to the unexpired term of the other members. This additional appointment shall be subject to any subsequent termination resulting from a limitation in the corporation's charter and bylaws.

Section 174.  Section 2331 of the act is repealed:

[Section 2331.  Councilmen and School Directors Eligible for Appointment.--Members of council of such city, not more than two in number, and one member of the board of directors of the school district of such city, if they are also members of the board of directors of said corporation, shall be eligible to appointment as members of the board of health of said city.]

Section 175.  Sections 2332, 2333, 2334 and 2335 of the act are amended to read:

Section 2332.  Power of Board.--The board of health [so appointed] under this subdivision shall have all the power and authority and perform the duties now or hereafter conferred and prescribed by law upon boards of health of cities.

Section 2333.  Health Officer.--[If the board of directors of such corporation shall employe as manager or chief administrator of the activities and operations of the corporation a reputable physician of five years' experience in the practice of his profession, or in public health work, for a compensation to be paid out of the corporation's funds, it shall be lawful for such council to appoint such manager or chief administrator as the principal health officer of such city, with all the powers and authority and duties now or hereafter to be conferred or prescribed by law upon principal health officers.] Pursuant to section 2305(b), city council may appoint the manager or chief administrator of a nonprofit corporation as the principal health officer of the city.

Section 2334.  Secretary.--The secretary of the board of directors of [such] the nonprofit corporation under this subdivision may serve as secretary of [such] the board of health.

Section 2335.  Filling of Vacancies.--[As the five year terms of members of such board of health expire, and as vacancies therein occur, the council of such city may appoint successors to those whose terms shall have so expired for further terms of five years, and appoint persons to fill vacancies in both cases by selection of the then members of such board of directors, including, in the case of vacancies, the persons in the said board of directors who may be selected to fill the vacancies therein. Such appointment in the case of a vacancy shall be for the unexpired portion of the five year term.] City council may appoint successors for vacancies on the board of health that occur as five-year terms of board members expire. The successors shall serve for five-year terms. City council may also appoint successors to vacancies on the board of health that occur for any other reason, but in such case the appointment shall be for the unexpired portion of the five-year term. Successors, whether appointed for a five-year term or the unexpired portion of a five-year term, shall be selected from the members of the nonprofit corporation's board of directors.

Section 176.  Section 2336 of the act is repealed:

[Section 2336.  Appointment and Removal of Health Employes.--The council of such city shall, in all cases where possible, follow the recommendations of said board of health as to appointment and removal of all persons having to do with the administration of the public health affairs of the city. Such appointees shall be required to pass any civil service examination required by any civil service commission lawfully established in such city.]

Section 177.  Section 2337 of the act is amended to read:

Section 2337.  No Compensation for Members.--The members of [such] the board of health under this subdivision shall serve without compensation from the city.

[This subdivision (c) shall be effective only under the circumstances set forth in section two thousand three hundred and thirty.]

Section 178.  The act is amended by adding a section to read:

Section 2338.  Applicability of Subdivision.--This subdivision shall be effective only under the circumstances set forth in section 2330.

Section 179.  Article XXIII subdivision (d) heading of the act is amended to read:

(d)  [Penalties] Penalty

Section 180.  Section 2340 of the act is amended to read:

Section 2340.  Penalty.--Any person violating any provision of this article or any order or regulation of the board of health made under the authority of this article, or of any law, or regulation or ordinance therein referred to or authorized, or who shall obstruct or interfere with any person in the execution of any order or regulation of [said] the board, or wilfully and illegally omit to obey any [such] order[, shall be guilty of] or regulation of the board commits a [misdemeanor, and, upon conviction, shall be sentenced to pay a fine not exceeding one hundred dollars, or undergo imprisonment not exceeding ninety days, or both, at the discretion of the court] summary offense punishable in accordance with sections 1018.16 and 1018.17.

Section 181.  Article XXIV heading of the act is reenacted to read:

ARTICLE XXIV

CORPORATE POWERS

Section 182.  Section 2401 of the act is repealed:

[Section 2401.  Existing Powers Saved.--The corporate powers and the duties of the officers of cities, now in existence by virtue of the laws of the Commonwealth, and not repealed by this act, shall be and remain as now provided by law.]

Section 183.  Section 2402 of the act is amended to read:

Section 2402.  Powers of [City] Cities.--(a)  Each city is hereby declared to be a body corporate and politic, and shall have perpetual succession, and may:

1.  Sue and be sued[;].

[2.  Purchase and hold real and personal property for the use of the city;

3.  Lease, sell and convey any real or personal property owned by the city, and make such order respecting the same as may be conducive to the interests of the city;

4.  Make all contracts, and do all other acts in relation to the property and affairs of the city necessary to the exercise of its corporate or administrative powers;

5] 2.  Have and use a corporate seal, and alter the same at pleasure. Every such seal shall have upon it the word "Pennsylvania," the name of the city, and the year of its original incorporation[;].

[6] 3.  Display the flag of the United States, the Commonwealth or of any county, city, borough or other municipality in the Commonwealth on the public buildings of the city.

[7.  To appropriate] 4.  Appropriate money for the exercise of powers expressed or implied in this act or any other applicable law, and for like uses to accept gifts or grants of money, other property or services from public or private sources.

(b)  The powers [hereby] granted in this act shall be exercised [by the mayor and councilmen] in the manner herein provided.

Section 184.  Section 2402.1 of the act, added September 21, 1959 (P.L.922, No.370), is amended to read:

Section 2402.1.  [Sale of Real Estate.--The title to real estate sold by any city after June 28, 1947, if the sale was authorized by an ordinance or resolution of the city council of said city, and not attacked in any proceeding instituted within six years of the effective date of this amendment and the title to real estate sold after the effective date of this amendment, if the sale was authorized by an ordinance or resolution of the city council of said city and is not attached in any proceeding instituted within six years after date of such sale, is hereby declared to be good and valid and free and clear of any defects and any such person who is grantee thereunder, and his heirs, successors and assigns, shall hold and may convey such real estate and all conveyances made after June 28, 1947, are hereby ratified and confirmed. Nothing in this section shall be construed to apply to property which the city acquired other than by purchase.] City Property and Affairs.--(a)  In exercising its discretion to make decisions that further the public interest under terms it deems most beneficial to the city, council shall have the power and authority, subject to any restrictions, limitations or exceptions as set forth in this act, to do any of the following:

(1)  Purchase, hold, use and manage real and personal property.

(2)  Exchange personal property.

(3)  Lease, sell and convey real and personal property owned by the city.

(4)  Make contracts and do all other acts respecting city property and affairs as council may deem conducive to the public interest and necessary to the exercise of the city's corporate and administrative powers.

(b)  No real estate owned by the city may be sold except upon approval of council by resolution. Additionally, no real estate owned by the city shall be sold for a consideration in excess of one thousand five hundred dollars, except to the highest bidder after due notice by advertisement for bids or advertisement of a public auction in one newspaper of general circulation in the city. The advertisement shall be published once not less than ten days prior to the date fixed for the opening of bids or public auction, and the date for opening bids or public auction shall be announced in the advertisement. The award of contracts shall be made only by public announcement at a regular or special meeting of council or at the public auction. All bids shall be accepted on the condition that payment of the purchase price in full shall be made within sixty days of the acceptance of bids. The city council shall have the authority to reject all bids which it deems to be less than the fair market value of the real property. In the case of a public auction, the city council may establish a minimum bid based on the fair market value of the real property. If no compliant bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall be followed. Real estate owned by a city may be sold at a consideration of one thousand five hundred dollars or less without advertisement or competitive bidding only after council estimates the value thereof upon receipt of an appraisal by a qualified real estate appraiser. This section shall not apply if council is exercising its authority to exchange city real property for real property of equal or greater value, provided that the property being acquired by the city is to be used for municipal purposes. If council chooses to exercise its power of real property exchange pursuant to this section, it shall be by resolution adopted by council. Notice of the resolution, including a description of the properties to be exchanged, shall be published once in one newspaper of general circulation not more than sixty days nor fewer than seven days prior to adoption.

(c)  No city personal property shall be disposed of, by sale or otherwise, except upon approval of council by resolution. Council shall estimate the sale value of the entire lot to be disposed of. If council shall estimate the sale value to be less than one thousand dollars, council may sell the property, in whole or in part, for the best price or prices obtainable. If council shall estimate the sale value to be one thousand dollars or more, the entire lot shall be advertised for sale in at least one newspaper of general circulation in accordance with the provisions of section 109, and sale of the property advertised shall be made to the best responsible bidder. The bids shall not be opened until at least ten days after the newspaper advertisement. The provisions of this subsection shall not be mandatory where city personal property is to be traded in or exchanged for other personal property. Council may sell any personal property at auction pursuant to subsection (d), but shall observe the same notice requirements as contained in this subsection.

(d)  In regards to the sale of personal property of the city, an auction may be conducted by means of an online or electronic auction sale. During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement pursuant to the notice requirements in subsection (c). During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. Bidders may increase their bid prices during the electronic auction. The record of the electronic auction shall be accessible for public inspection. The purchase price shall be paid by the high bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by council. In the event that shipping costs are incurred, they shall be paid by the high bidder. A city that has complied with the advertising requirements of subsection (c) may provide additional public notice of the sale by bids or auction in any manner deemed appropriate by council. The newspaper advertisement for electronic auction sales authorized in this section shall include the Internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction.

(e)  Any requirement for advertising for bids and sale to the highest bidder imposed by this act or by a city pursuant to this section shall not apply where city real or personal property is sold to the following, provided that, when any real property is no longer used for the purpose of the conveyance, the real property shall revert to the city:

(1)  The Federal Government, the Commonwealth, a municipality, home rule municipality, institution district or school district.

(2)  A volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the city or providing emergency services in the city.

(3)  A municipal authority, a housing authority created pursuant to the act of May 28, 1937 (P.L.955, No.265), known as the "Housing Authorities Law," an urban redevelopment authority created pursuant to the act of May 24, 1945 (P.L.991, No.385), known as the "Urban Redevelopment Law," a parking authority created under 53 Pa.C.S. Ch. 55 (relating to parking authorities) or under the former act of June 5, 1947 (P.L.458, No.208), known as the "Parking Authority Law," or a port authority created pursuant to the act of December 6, 1972 (P.L.1392, No.298), known as the "Third Class City Port Authority Act."

(4)  A nonprofit corporation engaged in community industrial development.

(5)  A nonprofit corporation organized as a public library.

(6)  A nonprofit medical service corporation.

(7)  A nonprofit housing corporation.

(8)  A nonprofit museum or historical organization.

(f)  When real or personal property is sold pursuant to subsection (e)(5), (6) or (7), the city may accept such nominal consideration as it shall deem appropriate.

Section 185.  Section 2402.2 of the act, amended July 31, 1968 (P.L.943, No.290), is repealed:

[Section 2402.2.  Typewritten, Printed, Photostated and Microfilmed Records Valid; Recording or Transcribing Records.--All city records, required to be recorded or transcribed, shall be deemed valid if typewritten, printed, photostated or microfilmed, and where recording in a specified book of record is required, except minutes of the proceedings of the council, such records may be recorded or transcribed in a mechanical or key-operated post binder book, or bound book with pages being consecutively numbered by transcribing directly upon the pages of such book of record or may be attached to such book of record by stapling or by glue or any other adhesive substance or material, and all records heretofore recorded or transcribed in any manner authorized by this section are validated. The minutes of proceedings of the council shall, in the manner prescribed by this section for other records, be recorded in a bound book. When any record shall be recorded or transcribed after the effective date of this amendment by attaching such record or a copy thereof to the book of record as hereinabove provided, the city seal shall be impressed upon each page to which such record is attached, each impression thereof covering both a portion of the attached record and a portion of the page of the book of record to which such record is attached.]

Section 186.  Section 2403 of the act, amended August 24, 1953 (P.L.1337, No.380), May 20, 1957 (P.L.178, No.86), June 20, 1957 (P.L.346, No.188), June 24, 1959 (P.L.482, No.108), June 30, 1959 (P.L.496, No.121), May 23, 1961 (P.L.216, No.116), June 14, 1961 (P.L.370, No.204), June 8, 1965 (P.L.104, No.72), December 16, 1965 (P.L.1120, No.434), November 24, 1967 (P.L.618, No.280), February 24, 1970 (P.L.63, No.27), March 25, 1970 (P.L.225, No.92), July 29, 1971 (P.L.250, No.61), October 4, 1978 (P.L.950, No.188), October 5, 1979 (P.L.195, No.64), November 1, 1979 (P.L.455, No.92), December 21, 1998 (P.L.1013, No.135) and June 27, 2008 (P.L.196, No.31) and repealed in part November 26, 1978 (P.L.1399, No.330), is amended to read:

Section 2403.  [Specific Powers.--In addition to other powers granted by this act, the council of each city shall have power, by ordinance:

1.]  Payment of Debts and Expenses.--[To] Council may provide for the payment of the debts and expenses of the city, and to appropriate money therefor.

[1.1.  Creation of Capital Reserve Fund for Anticipated Capital Expenditures.--To create and maintain a separate capital reserve fund for any anticipated legal capital expenditures, which fund shall be designated for a specific purpose or purposes at the time of its creation. The money in the fund shall be used, from time to time, for the construction, purchase or replacement of or addition to municipal buildings, equipment, machinery, motor vehicles or other capital assets of the city as specified at the time of the creation of the fund and for no other purpose: Provided, That it may be used for capital expenditure other than the purpose or purposes specified at the time it was created, if city council by a four-fifths vote shall declare that the original purpose or purposes have become impracticable, inadvisable or impossible, or that conditions have arisen in the city which make other capital expenditures more urgent than those for which the fund was created.

The council may appropriate moneys from the general city funds to be paid into the capital reserve fund, or place in the fund any moneys received from the sale, lease or other disposition of any city property or from any other source unless received or acquired for a particular purpose. The fund shall be controlled, invested, reinvested and administered and the moneys therein and income from such moneys expended for the specific purpose or purposes for which the fund is created in such manner as may be determined by the council. The money in the fund, when invested, shall be invested in securities designated by law as legal investments for sinking funds of municipalities.

2.  Hiring of Employes; Salaries.--To provide for and regulate the manner of hiring and discharging employes and laborers, and the fixing of their salaries or compensation.

3.  Creation of Necessary Offices, Boards or Departments.--To create any office, public board, or department which it may deem necessary for the good government and interests of the city, and, unless otherwise provided by this act, appoint the members of any board, bureau or commission; to prescribe the powers thereof, and to regulate and prescribe the terms, duties and compensation of all such officers, and of all officers who are members of any public board or any department so created, but no ordinance shall be passed increasing or diminishing the salary or compensation of any officer, or of any member of any board, bureau or commission, after his or their appointment. The provisions of this clause as to the creation of any public board, bureau or commission, and prescribing the duties thereof, shall not apply to the creation of any board of commissioners of water-works of any city wherein the title to the water-works therein located is in the name of the commissioners of water-works.

4.  Lock-ups and Police Stations.--To provide for the erection, lease or purchase of lock-ups and police stations for the detention and confinement of persons arrested for any cause, or of persons convicted under city ordinances and sentenced for periods not in excess of ten days.

5.  Market Houses and Milk Depots.--To purchase, lease and own ground for, and to erect, maintain, and establish, market houses, milk depots, and market places, for which latter purpose parts of any streets, sidewalks or city property may be temporarily used; to provide and enforce suitable general market regulations; to contract with any person or persons or association of persons, companies, or corporations, for the erection and regulation of market houses, milk depots, and market places, on such terms and conditions and in such manner as the council may prescribe; to raise all necessary revenue therefor as herein provided; and to levy and collect a license tax from every person or persons who may be authorized by council to occupy any portion of the streets, sidewalks or city property for temporary market purposes.

6.  Collection and Removal of Garbage.--To provide for and regulate the collection, removal and disposal of garbage, ashes and other waste or refuse material, either by contract or by municipal conduct of such services, and to impose and collect, by lien or otherwise, reasonable fees and charges therefor, and to prescribe fines and penalties for the violation of ordinances regulating such matters.

7.  Comfort and Waiting Stations and Drinking Fountains; Waiting Rooms in Court Houses.--To take, purchase or acquire, property for the purpose of erecting, providing, maintaining, and operating thereon comfort stations, waiting stations and drinking fountains; and to construct and maintain such stations and fountains on such property or in any of the streets or public places within its corporate limits; to provide and equip and maintain in the court house, in cooperation with the county commissioners of the county wherein the city is situated, whenever such city is the county seat, rest or waiting rooms and provide attendants therefor. The cost of providing such waiting and rest rooms, and of maintaining the same, including salaries and all incidental expenses, shall be paid by the county, and by the city, in such proportion as may be agreed upon.

8.  Running at Large of Animals, Et Cetera.--To provide for the erection of all needful pens, pounds, and other means of confinement, within or without the city limits; to appoint keepers thereof; and to regulate or prohibit the running or being at large of stock and domestic animals, and fowls; and to cause such as may be at large to be impounded and sold to discharge the costs and penalties provided for the violations of such prohibitions and the expenses of impounding and of keeping the same and of such sale. To regulate the maintaining and care of dogs within the city. To regulate or prohibit the keeping of bee hives within the city.

9.  Destruction of Dogs.--To destroy dogs found at large contrary to the laws of the Commonwealth, or to prohibit or regulate, by its own ordinance, the running at large of dogs, cats or other animals, and, in the enforcement of such regulations, to direct the killing of dogs, cats or other animals, or their seizure and detention, including reasonable charges therefor, or to provide for their sale for the benefit of the city. The powers herein expressed shall be exercised in conformity with the Dog Law of 1921.

10.  Inspection and Regulation of Fireplaces, Chimneys, Et Cetera; Smoke Regulations.--To regulate the construction and inspection of fireplaces, chimneys, stoves, stovepipes, ovens, boilers, kettles, forges, or any apparatus used in any building, manufactory, or business, and to order the suppression or cleaning thereof when deemed necessary; to regulate and control the production and emission of unnecessary smoke or fly-ash from any chimney or other source, except railroad locomotives.

11.  Manufacture, Sale, Storage and Transportation of Explosives; Offensive Business.--To regulate or prohibit the manufacture, sale, storage, or transportation of inflammable or explosive substances within the city, and to regulate or prohibit dangerous, obnoxious, or offensive business with the city.

12.  Regulation of Division Fences, Party Walls, Foundations.--To provide regulations for party walls and division fences and for the foundations of buildings, to enter upon the land or lands, lot or lots, of any person or persons, within the city, at all reasonable hours, by its duly appointed city engineer, or building inspectors, in order to enforce such regulations and set out foundations; and to prescribe reasonable fees for the service of city officers in the inspection and regulation of party walls, division fences and foundations, and to enforce the payment of the same. To provide fines or penalties for violations of such regulations. In setting out foundations and regulating party walls as to breadth and thickness, the city shall cause the foundations to be laid equally upon the lands of the persons between whom the party wall is to be made, and the builder thereof or his successor in interest shall be reimbursed one moiety of the charge of said wall or for so much thereof as the next builder shall have occasion to make use of before such next builder shall or may use or break into said wall.

13.  Public Wells, Cisterns, Aqueducts, and Reservoirs.--To establish, make, and regulate public wells, cisterns, aqueducts, and reservoirs, and to provide for filling the same.

14.  Construction of Levees and Ferries; Deepening of Channels.--Subject to the provisions of State law, to provide for the construction and maintenance of levees and ferries within the jurisdiction of the city and within the limits thereof; to erect wharves on navigable waters adjacent to the city, regulate the use thereof, collect wharfage, and establish wharf and dock lines; to provide for protection against floods; to construct and maintain docks, retaining walls, dams, or embankments; and to remove obstructions from, deepen and widen the channels of rivers and streams flowing through or adjacent to the city.

15.  Railroad Crossing; Flagmen; Speed of Locomotives.--Subject to the provisions of the Public Utility Law, to provide for and require the construction and maintenance of bridges or other crossings over or under railroad tracks; and to enter into contracts with railroad companies for the construction and maintenance of the same; to require the erection of safety-gates and the placing of flagmen or warning devices at the intersection of railroads with streets; to forbid the obstruction of the said crossings by locomotives or railroad cars; and to regulate the rate of speed at which locomotives, cars or trains shall pass upon or across the streets within the built-up portions of the city.

15.1.  Railroad Companies; Conveyances and Grants of Rights of Way.--Subject to the provisions of the Public Utility Law, to lease, license or grant rights of way to railroad companies through tunnels or over bridges and viaducts, to enter into agreements with railroad companies for the maintenance of any such tunnels, bridges or viaducts, and to convey such tunnels, bridges or viaducts to railroad companies that have paid in part for their construction, where legal title to said tunnels, bridges or viaducts is not vested in the city but will vest in the city by operation of law or under the terms of any contract.

16.  Nuisances and Obstructions.--To prohibit nuisances, including, but not limited to, accumulations of garbage and rubbish and the storage of abandoned or junked automobiles or other vehicles on private or public property, and the carrying on of any offensive manufacture or business, and to require the removal of any nuisance or dangerous structure from public or private places upon notice to the owner, and, upon his default, to cause such removal and collect the cost thereof, together with a penalty of ten per centum of such cost, from the owner, by an action in assumpsit. The cost of removal and the penalty may be entered as a lien against such property in accordance with existing provisions of law. In the exercise of the powers herein conferred, the city may institute proceedings in courts of equity.

17.  Regulation of Signs, Porches, Et Cetera.--To regulate, by uniform rules and regulations, porches, porticoes, benches, doorsteps, railings, bulk, bay or jut windows, areas, cellar doors and cellar windows, signs and sign posts, boards, poles or frames, awnings, awning posts, or other devices or things, projecting over, under, into or otherwise occupying the sidewalks or other portion of any of the streets, the building of cellars and basement ways and other excavations through or under the sidewalks, and boxes, bales, barrels, hogsheads, crates, or articles of merchandise, lumber, coal, wood, ashes, building materials, or any other article or thing whatsoever, placed in or upon any of the said sidewalks or other portion of said streets; and also to prevent and require or cause the removal of, upon notice, all encroachments thereon. In the exercise of the powers herein conferred, the city shall have the same remedies, penalties and procedures as are expressed in clause 16 of this article.

18.  Trees.--To regulate the planting, trimming, care and protection of shade trees in or extending over the streets.

19.  Numbering of Buildings.--To require and regulate the numbering of buildings and lots.

20.  Cab-stands.--To establish stands for coaches, cabs, omnibuses, carriages, wagons, automobiles, and other vehicles for hire, and to enforce the observance and use thereof.

21.  Police Force.--To establish and maintain a police force, and define the duties of the same.

22.  Police Protection, Et Cetera, Parks, Et Cetera; Commitment of Professional Thieves.--To establish and enforce suitable police regulations for the protection of persons and property at public squares, parks, depots, depot grounds, and other places of public resort, owned, controlled or managed by the city or an agency or bureau thereof, whether within or without the city, in whole or in part, and for the arrest and commitment of professional thieves, and suspicious persons found in any part of the city who can give no reasonable account of themselves. The mayor or any alderman of the city shall have jurisdiction to hear and determine violations of such ordinances and to impose any judgment or penalty therefor as provided in such ordinances.

23.  Rewards for Apprehension of Certain Criminals.--To offer rewards for the arrest and conviction of persons guilty of capital or other crimes within the city.

24.  Gaming, Prostitution, Et Cetera.--To restrain, prohibit, and suppress houses of prostitution, gambling houses, gaming, cock or dog fighting, and other disorderly or unlawful establishments or practices, desecration of the Sabbath day, commonly called Sunday, and all kinds of public indecencies.

25.  Prevent Riots.--To prevent and restrain riots, noises, disturbances, or disorderly assemblies in any street, house, or place in the city.

26.  Regulate Guns, Et Cetera.--To regulate, prohibit, and prevent the discharge of guns, rockets, powder, or any other dangerous instrument or combustible material within the city, and to prevent the carrying of concealed deadly weapons.

27.  Sale and Use of Fireworks.--To regulate or prohibit and prevent the sale, use and discharge of fireworks, firecrackers, sparklers, and other pyrotechnics.

28.  Arrest of Vagrants.--To arrest, fine, or set at work on the streets, or elsewhere, all vagrants found in said city.

29.  Racing; Dangerous Practices; Et Cetera.--To prevent the racing of horses, cars and other vehicles, fast driving or riding in the streets or public places in the city, and all games, practices, or amusements, therein likely to result in danger or damages to any person or property.

30.  Riding or Driving on Sidewalks.--To prevent or regulate the riding or driving of animals, or the passage of any vehicle over, along and across sidewalks, and to regulate the passing of the same through the streets.

31.  Regulations of Skating-Rinks, Theatres, Et Cetera.--Subject to the provisions of general laws of the Commonwealth regarding the same, to regulate all skating-rinks, operas, theatres, concerts, shows, circuses, menageries, and all kinds of public exhibitions for pay (except those for religious, educational or charitable purposes); and to restrain and prohibit, under fines or penalties, all exhibitions of indecent or immoral character.

32.  Bathing; Boat Houses and Bath Houses.--To regulate the time and place of bathing in rivers and other public water in and adjoining the said city, and to construct, maintain and manage municipal boat houses and bath houses.

33.  Prohibition of Fire Producing Devices in Certain Retail Stores.--To prohibit the smoking or carrying of lighted cigarettes, cigars, pipes or matches, and the use of matches or fire producing devices, in retail stores arranged to accommodate one hundred persons or more, or which employ ten or more employes: Provided, That any such ordinance passed under this provision shall not prohibit smoking in any restaurant room, rest room, beauty parlor, executive office, or any room designated for smoking in such store. To provide penalties for the violation of such ordinances.

34.  Appropriations to Post of Veterans.--To appropriate annually to each camp of the United States War Veterans in the city, and to each post of the American Legion, and to each post of the Veterans of Foreign Wars, and to each post of the Veterans of World War I of the U. S. A., Inc., and to each post of the American Veterans of World War II (AMVETS), to each post of the Catholic War Veterans, Inc., and to each detachment of the Marine Corps League, and to each Naval Association, and to each post of the Grand Army of the Republic, and to each post of the Disabled American Veterans of the World War, and to each chapter of the Military Order of the Purple Heart, and to each post of the Jewish War Veterans, and to each organization of American Gold Star Mothers, and to each post of the Italian American War Veterans of the United States, Incorporated, and to any other such organization of ex-service persons in the city, incorporated under the laws of the Commonwealth, a sum not to exceed three hundred dollars, to aid in defraying the expenses of Memorial Day and Armistice Day. Where the Grand Army of the Republic has ceased to exist or to function, such appropriation may be made to the Sons of Union Veterans of the Civil War, or, in the absence of such order, to a duly constituted organization which conducts the decorating of the graves of Union veterans of the Civil War. Such payments shall be made to defray actual expenses only. Before any payment is made, the organization receiving the same shall submit verified accounts of their expenditures.

35.  Support of National Guard Units.--To appropriate annually a sum not exceeding seven hundred and fifty dollars for the support and maintenance, discipline and training of any dismounted company or similar unit of the National Guard, and a sum not to exceed fifteen hundred dollars for the support and maintenance of any mounted or motorized troop or similar unit of the National Guard. Where such units are organized as a battalion, regiment or similar organization, the total amount due may be paid to the commanding officer of the battalion, regiment or similar organization. Any moneys so appropriated shall be paid by warrant drawn to the order of the commanding officer of such company, battalion, regiment or similar organization, only when it shall be certified to the city, by the Adjutant General of the Commonwealth, that the said company or companies have satisfactorily passed the annual inspection provided by law. The moneys so appropriated shall be used and expended solely and exclusively for the support and maintenance, discipline and training of the said company, battalion, regiment, or similar organization; and the commanding officer shall account, by proper vouchers to the said city each year, for the expenditure of the money so appropriated, and no appropriation shall be made for any subsequent year until the expenditure of the previous year is duly and satisfactorily accounted for.

The accounts of such expenditures shall be subject to the inspection of the Department of Military Affairs, and shall be audited by the city controller in the manner provided by this act for the audit of accounts of city moneys.

36.  Appropriation of Money, Et Cetera, to Assist in Erection of Armories.--To appropriate money or convey land, either independently or in conjunction with any other political subdivision, to the Commonwealth, for the purpose of assisting the Armory Board of the State of Pennsylvania in the erection of armories for the use of the National Guard, and to furnish water, sewer services, light, or fuel free of cost to the Commonwealth for use in any armory of the National Guard; and to do all things necessary to accomplish the purpose of this clause.

37.  Eminent Domain for National Guard Purposes.--To take, by right of eminent domain, for the purpose of appropriating to itself for the use of the National Guard of Pennsylvania, such public lands, easments, and public property as may be in its possession or control and used or held by it for any other purpose. Such right, however, shall not be exercised as to any street or wharf.

38.  Lands for Armory Purposes.--To acquire, by purchase or by gift, or by the right of eminent domain, any land for the use of the National Guard of Pennsylvania; and to convey such lands so acquired to the Commonwealth in order to assist the Armory Board in the erection of armories. The power conferred by this clause shall not be exercised to take any church property, grave-yard, or cemetery. Lands within three miles outside the limits of the city may be acquired in like manner for the use of the National Guard.

39.  Purchase of Burial Grounds for Deceased Service Persons.--To appropriate money for and purchase plots of ground in any cemetery or burial ground, within their respective limits, for the interment of such deceased service persons as shall hereafter die within such city, or shall die beyond such city and shall have a legal residence within such city at the time of their death, and whose bodies are entitled to be buried by the county under the provisions of existing laws.

40.  Payment of Rent for Veterans' Organizations.--By a two-third vote of the council, to appropriate money to any incorporated organization of veterans of any war in which the United States was engaged, to be used in the payment of the rent of any building or rooms in which such organization has its regular meetings.

41.  Rooms for Meetings of Veterans.--To furnish, upon application, to each organization composed of veterans of the Civil War, veterans of the Spanish American War, veterans of the World War or World War II, veterans of any foreign war, and children of veterans, a room or rooms in any public building of such city, sufficient for the meeting of each of such organizations at least once each month.

42.  Care of Memorials.--To take charge of, care for, maintain, and keep in good order and repair, at the expense of the city, any soldiers' monument, gun or carriage, or similar memorial, situate in the city, and not in the charge or care of any person, body, or organization, and not put up or placed by the Government of the United States, the Commonwealth of Pennsylvania, the commissioners of the county, or by the direction or authority of any other state of the Union, and to receive from any person or organization any moneys or funds which can be used for the benefit of such memorials, and to expend the same.

43.  Manufacture and Sale of Ice.--To manufacture ice, and to sell the same to the inhabitants of the city at such rates as shall be fixed by ordinance, and to erect, equip, and maintain such buildings and other structures, and purchase or hire and maintain such vehicles, as may be deemed necessary for such purpose.

44.  Inspection of Milk.--To provide for the inspection of milk sold or consumed within the city and milk depots, and dairies which offer milk or milk products for retail sale within the city, under such rules and regulations as will protect the people from adulteration and dilution of the same.

45.  Municipal Music.--To appropriate money to defray the expenses of musical entertainments held under the auspices of the city, and for the purpose of having music in any public park or place.

46.  Regulation and Licensing of Auction Sales.--To regulate and license sales of merchandise at public auction, other than judicial sales, sales by executors or administrators, or sales by or in behalf of licensed pawnbrokers of unredeemed pledges in the manner provided by law.

47.  Aid to Historical Societies.--To make annual appropriations not exceeding one thousand dollars for the support and maintenance of the principal historical society located therein, which shall be incorporated under the laws of the Commonwealth, shall maintain permanent quarters and shall keep the same open to the public, shall have a membership of at least one hundred persons who have paid into the treasury of the society a membership fee of at least two dollars for the support of the society, shall hold, annually, at least two regular meetings that shall be open to the public, and shall at all times maintain facilities for the free storage, deposit, and inspection of official documents and records of the city, and other proper public or historical archives and records.

48.  Establishment of Institutions to Collect Educational Collections.--To establish institutions authorized to collect and hold certain scientific, educational and economic collections, the object of each being the instruction of the public concerning commerce, manufacturing, mining, and agriculture; said institutions to have power to purchase or accept by gift any real estate, money, or personal property necessary for their use and promotion, and power to use, convey, or transfer the same, as if they were bodies corporate, to be governed by boards of trustees, nominated, appointed, and confirmed in such manner as council may determine.

49.  Sprinkling of Streets.--To cause any street, or part thereof, not less than one block, to be sprinkled with water or, if such street is paved, to be cleaned during such time as it may be necessary, at the expense of the owners of property abutting upon the same. Upon the petition of the owners of such property, who shall represent a majority of the feet front on the street or part thereof, it shall be the duty of council to cause such sprinkling or cleaning to be done at the expense of the owners of property abutting thereon. Council may cause such sprinkling to be done with the water of the city, when water works are owned or operated by the city, and the sprinkling carts and apparatus owned by the city, or may contract for the use of said carts and apparatus with the lowest responsible bidder.

50.  Electric Wires may be Placed Underground in Certain Districts.--To define a reasonable district within which all electric light wires, telephone and telegraph wires shall be placed under ground in conduits owned and constructed either by the municipality or by corporations owning such wires, or by corporations organized for the purpose of laying such conduits and renting space therein. In all cases in which such conduits are owned by any private corporation, partnership, or individual, there shall be reserved to the city, whether expressed in the ordinance or not, the right to regulate, by ordinance, the manner in which such conduit shall be used, and the terms and conditions of such use, and also the right to take such conduits, either by purchase, upon agreement of the owners thereof and the city, or by condemnation proceedings; in which latter case the proceedings for the assessment of damages shall be the same as provided in this act for property taken, injured or destroyed.

The court of quarter sessions upon the appeal of any person may review any ordinance passed in pursuance of this clause, and may annul such ordinance if deemed unreasonable, capricious or arbitrary, such appeal to be taken within thirty days from the approval of such ordinance.

51.  Ambulances and Service; Maintenance.--To acquire, by purchase, gift or bequest, or to operate and maintain ambulances or ambulance service for the purposes of conveying sick and injured persons in the city and the vicinity to and from hospitals, or in lieu thereof, to hire a private ambulance service, and, for such purposes, to appropriate and expend moneys of the city; or to appropriate money annually toward a nonprofit community ambulance service. All appropriations of money heretofore made and contracts for hire of private ambulance service heretofore entered into by any city are hereby validated and confirmed.

52.  Weighing and Measuring of Commodities.--To regulate the weighing and measuring of every commodity sold in the city, in all cases not otherwise provided for by law, including the measuring of gas, water, and electric currents; to provide for and regulate the inspection and weighing of hay, grain, and coal, and the measuring of wood, bark, and fuel, to be used in the city, and to designate the place or places of inspecting and weighing the same; to regulate and prescribe the place or places for exposing for sale hay, coal, bark and wood; to demand and receive reasonable fees for such inspection, weighing and measuring; for the regulation and stamping of weights and measures; and the regulation and inspection of meters, except as otherwise provided by law.

53.  Insurance.--To make contracts of insurance with any mutual or other fire insurance company, association or exchange, duly authorized by law to transact insurance business in the Commonwealth of Pennsylvania, on any building or property owned by the city.

To make contracts of insurance with any insurance company, or nonprofit hospitalization corporation, or nonprofit medical service corporation, authorized to transact insurance business within the Commonwealth, insuring its elected or appointed officers, officials and employes, or any class or classes thereof, or their dependents, under a policy or policies of group insurance covering life, health, hospitalization, medical service, or accident insurance, and to contract with any such company granting annuities or pensions for the pensioning of such persons; and, for such purposes, to agree to pay part or all of the premiums or charges for carrying such contracts, and to appropriate out of its treasury any money necessary to pay such premiums or charges, or portions thereof. All contracts procured hereunder shall conform and be subject to all the provisions of any existing or future laws concerning group insurance and group annuity contracts. The proper officer, agency, board or commission of the city having authority to enter into such contracts of insurance is hereby authorized, enabled and permitted to deduct from the officer's or employe's pay, salary or compensation, such part of the premium as is payable by the officer or employe and as may be so authorized by the officer or employe in writing.

54.  Parking Lots.--To acquire by lease, purchase, or condemnation proceedings, any land which in the judgment of city council may be necessary and desirable for the purpose of establishing and maintaining lots for the parking of motor vehicles, and for no other use or purpose, and to regulate the use thereof and to establish or designate, at the discretion of council, areas exclusively reserved for parking by handicapped individuals and to post signs regulating such areas.

55.  Disorderly Conduct.--To define disorderly conduct within the limits of the city and to provide for the imposition of penalties for such conduct in such amounts, without limitation except as in this act provided, as council shall establish, and notwithstanding any statutes of the Commonwealth upon disorderly conduct and the penalties therefor.

56.  Official Expenses on City Business.--To make appropriations for the reasonable expenses of city officials actually incurred in the conduct of city business.

57.  Insurance Against Burglary, Etc.--To insure against burglary or theft of city property, or against fire and other calamities, and against public liability.

58.  To Provide Against Hazards of War.--To build or establish bomb shelters or assist in so doing to provide against all hazards of war and their consequences; and for all such purposes, to have the power of eminent domain, to cooperate with any other unit and agency of government, Federal, State, or local, in every lawful way, for purposes of defense and against the hazards of war.

59.  Municipality Authorities; Cooperation with Other Political Subdivisions.--To form municipality authorities as authorized by law. To cooperate with other political subdivisions in the conduct of city affairs as authorized by law.

60.  Local Self-Government.--In addition to the powers and authority vested in each city by the provisions of this act, to make and adopt all such ordinances, by-laws, rules and regulations, not inconsistent with or restrained by the Constitution and laws of this Commonwealth, as may be expedient or necessary for the proper management, care and control of the city and its finances, and the maintenance of the peace, good government, safety and welfare of the city, and its trade, commerce and manufactures; and also all such ordinances, by-laws, rules and regulations as may be necessary in and to the exercise of the powers and authority of local self-government in all municipal affairs; and the said ordinances, by-laws, rules and regulations to alter, modify, and repeal at pleasure; and to enforce all ordinances inflicting penalties upon inhabitants or other persons for violations thereof, and impose penalties in accordance with section 4131.1: Provided, however, That no ordinance, by-law, rule or regulation shall be made or passed which contravenes or violates any of the provisions of the Constitution of the United States or of this Commonwealth, or of any act of Assembly heretofore or that may be hereafter passed and in force in said city.

61.  Historical Property.--To acquire by purchase or by gift, and to repair, supervise, operate and maintain ancient landmarks and other property of historical or antiquarian interest, which is either listed in the Catalogue of Historical Sites and Buildings in Pennsylvania issued by the Joint State Government Commission, or approved for acquisition by the Pennsylvania Historical and Museum Commission as having historical significance.

62.  Appropriations for Handling, Storage and Distribution of Surplus Foods.--The council of any city to which this act applies may appropriate from city funds moneys for the handling, storage and distribution of surplus foods obtained either through a local, State or Federal agency.

All appropriations of moneys heretofore made by the council of any city for the handling, storage and distribution of surplus foods obtained, either through a local, State or Federal agency, are hereby validated.

63.  Junk Dealers and Junk Yards.--To regulate and license junk dealers and the establishment and maintenance of junk yards and scrap yards including, but not limited to, automobile junk or grave yards.

64.  Appropriations for Industrial Promotions.--To make appropriations to an industrial development agency as defined in section 3, act of May 31, 1956 (P.L.1911), known as the "Industrial Development Assistance Law," when the city is located within the area for which the agency has been authorized to make application to and receive grants from the Department of Commerce for the purposes specified in the "Industrial Development Assistance Law."

65.  Non-debt Revenue Bonds.--To issue non-debt revenue bonds pursuant to provisions of the act of June 25, 1941 (P.L.159), known as the "Municipal Borrowing Law," and its amendments, to provide sufficient moneys for and toward the acquisition, construction, reconstruction, extension or improvement of municipal facilities, including water systems or facilities, sewers, sewer systems and sewage disposal systems or facilities, systems for the treatment or disposal of garbage and refuse, buildings, machinery and apparatus for manufacturing and distributing electric, gas or light, aeronautical facilities including but not limited to airports, terminals and hangars, park and recreational facilities, parking lots and public auditoriums to be secured solely by the pledge of the whole or part of the rent, toll or charge for the use or services of such facilities. Included in the cost of the issue may be any costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.

66.  Appropriations for Urban Common Carrier Mass Transportation.--To appropriate funds for urban common carrier mass transportation purposes from current revenues and to make annual contributions to county departments of transportation or to urban common carrier mass transportation authorities to assist the departments or the authorities to meet costs of operation, maintenance, capital improvements, and debt service, and to enter into long-term agreements providing for the payment of the said contributions.

67.  Adoption and Amendment of Codes by Reference.--To incorporate by reference the provisions of any code or portions of any code, or any amendment thereof, properly identified as to date and source, without setting forth in full the provisions to be adopted: Provided, however, That no portion of any code which limits the work to be performed to any type of construction contractor, or labor or mechanic classification shall be adopted. Not less than three copies of such code, portion, or amendment which is incorporated or adopted by reference, shall be filed with the clerk of the city and kept with the city ordinance book, and available for public use, inspection and examination. The filing requirements herein prescribed shall not be deemed to be complied with unless the required copies of such codes, portion, or amendment or public record are filed with the clerk of such city at least ten days before council considers the proposed ordinance.

Any ordinance adopted by reference to any code shall be enacted within sixty days after it is filed with the clerk of the city, and shall only encompass the provisions of the code effective as of the code date stated in the ordinance. Any subsequent changes in the code shall be adopted by the city before they may become effective as an ordinance of the city.

Any city that has adopted any code by reference may adopt subsequent ordinances which incorporate by reference any subsequent changes thereof, properly identified as to date and source, as may be adopted by the agency or association which promulgated the code.

Any ordinances which incorporate code amendments by reference shall become effective after the same procedure and in the same manner as is herein specified for original adoption of any such code.

68.  Appropriation for Nonprofit Art Corporation.--To appropriate moneys annually, not exceeding an amount equal to one mill of the real estate tax to any nonprofit art corporation for the conduct of its artistic and cultural activities. For the purposes of this section nonprofit art corporation shall mean a local arts council, commission or coordinating agency, or any other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts. Artistic and cultural activities shall include the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing.

69.  Emergency Services.--(a)  The city shall be responsible for ensuring that fire and emergency medical services are provided within the city by the means and to the extent determined by the city, including the appropriate financial and administrative assistance for these services.

(b)  The city shall consult with fire and emergency medical services providers to discuss the emergency services needs of the city.

(c)  The city shall require any emergency services organizations receiving city funds to provide to the city an annual itemized listing of all expenditures of these funds before the city may consider budgeting additional funding to the organization.]

Section 187.  The act is amended by adding sections to read:

Section 2404.  Creation of Capital and Operating Reserve Funds.--(a)  Council may create and maintain a separate capital reserve fund for any anticipated capital expenses, which fund shall be designated for a specific purpose or purposes when created. The moneys in the fund shall be used for no other purpose unless the council declares that conditions in the city make other expenses more urgent than those for which the fund was created. Council may appropriate moneys from the general city funds to be paid into the capital reserve fund or place in the fund any moneys received from the sale, lease or other disposition of any city property or from any other source.

(b)  With regard to an operating reserve fund, the following shall apply:

(1)  Council shall have the power to create and maintain a separate operating reserve fund in order to:

(i)  minimize future revenue shortfalls and deficits;

(ii)  provide greater continuity and predictability in the funding of vital government services;

(iii)  minimize the need to increase taxes to balance the budget in times of fiscal distress; and

(iv)  provide the capacity to undertake long-range financial planning and to develop fiscal resources to meet long-term needs.

(2)  Council may annually make appropriations from the general city fund to the operating reserve fund, but no appropriation shall be made to the operating reserve fund if the effect of the appropriation would cause the fund to exceed twenty-five per centum of the estimated revenues of the city's general fund in the current fiscal year.

(3)  Council may, at any time by resolution, make appropriations from the operating reserve fund for the following purposes only:

(i)  to meet emergencies involving the health, safety or welfare of the residents of the city;

(ii)  to counterbalance potential budget deficits resulting from shortfalls in anticipated revenues or program receipts from whatever source;

(iii)  to counterbalance potential budget deficits resulting from increases in anticipated costs for goods or services; or

(iv)  to provide for anticipated operating expenditures related either to the planned growth of existing projects or programs or to the establishment of new projects or programs if, for each such project or program, appropriations have been made and allocated to a separate restricted account established within the operating reserve fund.

(c)  The operating reserve fund shall be invested, reinvested and administered in a manner consistent with the provisions of this act relating to the investment of city funds generally.

Section 2405.  Hiring of Employes; Salaries.--Council may provide for and regulate the manner of hiring and discharging employes and the fixing of their salaries or compensation, consistent with applicable Federal and State law.

Section 2406.  Creation of Necessary Offices or Boards.--In addition to the city departments established in accordance with Article XI, council may create any city office, or public board, bureau or commission, which it may deem necessary for the good of government and interests of the city, and, with regard to an office or membership on a board, bureau or commission, unless otherwise provided by this act, council may make appointments thereto and regulate and prescribe the terms, duties and compensation thereof.

Section 2407.  Lockups.--(a)  Council may provide for lockup facilities as deemed necessary for the detention and confinement of persons.

(b)  No city shall erect or construct a city jail or lockup, or use any existing building or lockup for the first time that will be or is located within five hundred feet of any public school building.

Section 2408.  Market Places.--Council may:

(1)  Purchase, lease and own ground for market places.

(2)  Erect, maintain and establish market places.

(3)  Provide for and enforce suitable general market regulations.

(4)  Contract with any person or persons or association of persons, companies or corporations for the erection and regulation of market places, on such terms and conditions and in such manner as council may prescribe.

(5)  Levy and collect a license fee from every person or persons who may be authorized by council to occupy any portion of the streets, sidewalks or city property for temporary market purposes.

Section 2409.  Accumulation of Ashes, Garbage, Solid Waste and Refuse Materials.--(a)  Council in the manner authorized by the act of July 7, 1980 (P.L.380, No.97), known as the "Solid Waste Management Act," and the act of July 28, 1988 (P.L.556, No.101), known as the "Municipal Waste Planning, Recycling and Waste Reduction Act," may prohibit accumulations of ashes, garbage, solid waste and other refuse materials upon private property, including the imposition and collection of reasonable fees and charges for the collection, removal and disposal thereof.

(b)  Council may collect and remove, by contract or otherwise, ashes, garbage, solid waste and other refuse materials and recyclables and prescribe penalties for the enforcement thereof. Any contract with refuse haulers may be made for an initial period not exceeding five years with optional renewal periods of up to five years. This limitation does not apply to contracts with any other county or municipal corporation.

(c)  Council may dispose of, by contract or otherwise, ashes, garbage, solid waste or other refuse materials. Any contract with the owner of a private facility for the disposal or incineration of ashes, garbage, solid waste or other refuse materials may be made for a period not exceeding twenty years. This limitation does not apply to contracts with any county or municipal corporation.

(d)  Council may acquire any real property and erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, landfill or other methods of disposal, either inside or outside the limits of the city, including equipment, either separately or jointly, with any county or municipal corporation in order to provide for the destruction, collection, removal and disposal of ashes, garbage, solid waste or other refuse materials, for the collection and storage of recyclable materials or for the composting of leaf and yard waste. Council may provide for the payment of the cost thereof out of the funds of the city. Council may acquire land for landfill purposes, either amicably or by exercising the power of eminent domain, and maintain lands and places for the dumping of ashes, garbage, solid waste or other refuse materials. If council acquires land outside the limits of the city by exercising the power of eminent domain, the taking shall be subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings).

(e)  Council may establish, alter, charge and collect rates and other charges for the collection, removal and disposal of ashes, garbage, solid waste, other refuse materials and recyclable materials, and the cost of including the payment of any indebtedness incurred for the construction, purchase, improvement, repair, maintenance and operation of any facilities therefore, and the amount due under any contract with any county or municipal corporation furnishing the services or facilities. The rates and other charges shall be collected pursuant to the Municipal Claim and Tax Lien Law, or by an action in assumpsit.

(f)  Council may make appropriations to any county or municipal corporation for the construction, purchase, improvement, repair, maintenance and operation of any facilities for the collection, removal, disposal or marketing of ashes, garbage, solid waste, other refuse materials, recyclable materials or composted leaf and yard waste.

(g)  A city shall not be subject to requirements otherwise imposed by law for the sale of personal property owned by the city when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding the sale of recyclable material from political subdivision personal property sale restrictions relating to advertising and bidding."

Section 2410.  Regulation of Pets and Feral Animals.--Council may, by ordinance, prohibit and regulate the running at large of dogs, cats, other pets and feral animals.

Section 2411.  Inspection and Regulation of Fireplaces, Chimneys, Et Cetera; Smoke Regulations.--In conformity with Federal and State laws and regulations, council may regulate and inspect fireplaces, chimneys and other sources of smoke and fly-ash to control the production and emission of unnecessary smoke and fly-ash.

Section 2412.  Fireworks and Inflammable Articles.--In conformity with Federal and State laws and regulations, council may:

(1)  Regulate and prohibit the manufacture of fireworks or inflammable or dangerous articles.

(2)  Grant permits for supervised public displays of fireworks and adopt rules and regulations governing the displays.

(3)  Adopt rules and regulations not inconsistent with State regulations relating to the storage of inflammable articles.

(4)  Impose other safeguards concerning inflammable articles as may be necessary.

Section 2413.  Regulation of Division Fences, Party Walls, Foundations.--(a)  Subject to the provisions of and regulations adopted pursuant to the Pennsylvania Construction Code Act and other applicable law, council may provide regulations for party walls and division fences and for the foundations of buildings, and for entering upon the land or lands, lot or lots, of any person or persons, within the city, at all reasonable hours, by its duly appointed city engineer, or building inspectors, in order to enforce the regulations and set out foundations. Council may also prescribe reasonable fees for the service of city officers in the inspection and regulation of party walls, division fences and foundations and may enforce the payment of the same. Council may provide fines or penalties for violations of an ordinance enacted pursuant to this section.

(b)  In setting out foundations and regulating party walls as to breadth and thickness, the city shall cause the foundations to be laid equally upon the lands of the persons between whom the party wall is to be made. The cost of the foundation and party wall shall be divided proportionately among the property owners sharing the same. The property owners shall either share the expense when the foundation is laid and the party wall is erected or when the subsequent building is erected if all buildings are not erected at the same time.

Section 2414.  Nuisances.--Council may prohibit and abate public nuisances in accordance with Article XXVII-A.

Section 2415.  Regulation of Encroachments.--In compliance with applicable State laws and city ordinances, council may provide for the regulation of all encroachments in, under or upon any of the sidewalks or other portion of the streets of the city.

Section 2416.  Shade Trees.--(a)  Council may, by ordinance, regulate the manner and method, if any, for the planting, trimming, removing, maintaining and protection of shade trees in, on and along or extending over the public streets, sidewalks and rights-of-way of the city and provide for penalties for violations thereof. The cost of such activities may, at council's discretion, be assessed against the owners of the properties abutting the street, sidewalk or right-of-way upon which any tree is located pursuant to Article XLV-A, except that the cost and expense of caring for trees after they have been planted shall be paid by the city.

(b)  Council may, by ordinance, provide for the creation of a shade tree commission, its composition, powers and duties and delegate council's authority for regulating shade trees to the commission. Alternatively, council may delegate its regulatory powers for shade trees to an existing department. If a shade tree commission is established, its meeting shall be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

Section 2417.  Numbering of Buildings.--Council may require and regulate the numbering of buildings and lots.

Section 2418.  Transportation Stands.--Council may establish stands for taxis, buses, automobiles and other vehicles for hire and enforce the observance and use thereof.

Section 2419.  Police Force.--(a)  Council shall have the power to establish and maintain a police force and define the duties of the same in accordance with Article XX.

(b)  Subject to the requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), council shall have the power to provide for police services to be performed by municipal police officers by contract or by purchase of the police services or by joining or developing a consolidated regional police service.

Section 2420.  Police Regulations.--Council may establish and enforce suitable police regulations for the protection of persons and property.

Section 2421.  Rewards.--Council may offer rewards for the arrest and conviction of persons guilty of capital or other crimes within the city.

Section 2422.  Prevent Riots.--Council may prevent and restrain riots, noises, disturbances or disorderly assemblies in any street, house or place in the city.

Section 2423.  Regulate Discharge of Guns and Deadly Weapons.--To the extent permitted by Federal and other State law, council may regulate, prohibit and prevent the discharge of guns and prevent the carrying of concealed deadly weapons.

Section 2424.  Racing; Dangerous Practices; Et Cetera.--With regard to streets and public places in the city, council may regulate or prohibit racing or fast driving of vehicles and all games, practices or amusements likely to result in danger or damage to any person or property.

Section 2425.  Bathing; Recreational Swimming Establishments; Boat Houses and Bath Houses.--To the extent permitted by the act of June 23, 1931 (P.L.899, No.299), known as the "Public Bathing Law," council may regulate the time and place of bathing in rivers and other public water in and adjoining the city and may construct, maintain and manage municipal boat houses, bath houses and recreational swimming establishments.

Section 2426.  Musical Entertainment.--Council may appropriate money to defray the expenses of musical entertainments held under the auspices of the city and for the purpose of having music in any public park or place.

Section 2427.  Aid to Historical Societies.--Council may make annual appropriations for the support and maintenance of the principal historical society located in the city, which shall be incorporated under the laws of the Commonwealth, shall maintain permanent quarters and shall keep the same open to the public.

Section 2428.  Establishment of Institutions to Collect Educational Collections.--Council may establish institutions authorized to collect and hold certain scientific, educational and economic collections, the object of each being the instruction of the public concerning commerce, manufacturing, mining and agriculture. The institutions may purchase or accept by gift any real estate, money or personal property necessary for their use and promotion. The institutions may use, convey, or transfer the same as if they were bodies corporate, and these institutions shall be governed by boards of trustees, nominated, appointed and confirmed in the manner council may determine.

Section 2429.  Ambulances and Rescue and Lifesaving Services.--Council may acquire, operate and maintain motor vehicles for the purposes of conveying sick and injured persons to and from hospitals, and it may appropriate moneys toward ambulance and rescue and lifesaving services and make contracts relating thereto.

Section 2430.  Insurance.--(a)  Council, in its discretion or as required by law or a collective bargaining agreement, may make contracts of insurance and contracts for annuities or pensions, including, but not limited to, the following:

(1)  Contracts of insurance with any mutual or other fire insurance company, association or exchange, duly authorized by law to transact insurance business in this Commonwealth, on any building or property owned by the city and contracts to insure against burglary or theft of city property, or against fire and other calamities, and against public liability.

(2)  Contracts of insurance with any insurance company, or nonprofit hospitalization corporation, or nonprofit medical service corporation, authorized to transact insurance business within this Commonwealth, insuring elected or appointed officers, officials and employes of the city, or any class or classes thereof, or their dependents, under a policy or policies of group insurance covering life, health, hospitalization, medical service or accident insurance.

(3)  Contracts to purchase annuities or pensions for elected or appointed officers, officials and employes, or any class or classes thereof.

(b)  In the case of contracts for the benefit of elected or appointed officers, officials and employes of the city, or any class or classes thereof, or their dependents, the city may, as determined by council or as required by law or a collective bargaining agreement, pay part or all of the premiums or charges for the contracts.

Section 2431.  Parking Lots.--Council may acquire by lease, purchase or condemnation proceedings, land which in its judgment may be necessary and desirable for the purpose of establishing and maintaining lots for the sole purpose of parking motor vehicles. Council may regulate the use of the land, including the posting of signs, and may establish or designate areas exclusively reserved for parking by persons with disabilities. Such regulation of parking lots shall be consistent with 75 Pa.C.S. (relating to vehicles) and the act of October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania Human Relations Act."

Section 2432.  Disorderly Conduct.--Council may, by ordinance, prohibit disorderly conduct within the limits of the city and provide for the imposition of penalties in accordance with this act. If an ordinance is enacted, it shall define disorderly conduct in a manner substantially similar to the provisions of 18 Pa.C.S. § 5503 (relating to disorderly conduct).

Section 2433.  Official Expenses on City Business.--Council may make appropriations for the reasonable expenses of city officials actually incurred in the conduct of city business.

Section 2434.  Municipality Authorities; Cooperation with Other Political Subdivisions.--(a)  The council may, by ordinance, individually or in cooperation with other municipalities or school districts, form municipal authorities as authorized by 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

(b)  The council may, by ordinance, make cooperative agreements with regard to the performance of a city's powers, duties and functions in accordance with the provisions of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

Section 2435.  Local Self-Government.--The council of each city shall have power to enact, make, adopt, alter, modify, repeal and enforce in accordance with this act ordinances, resolutions, rules and regulations, not inconsistent with or restrained by the Constitution of Pennsylvania and laws of this Commonwealth, that are either of the following:

(1)  Expedient or necessary for the proper management, care and control of the city and its finances and the maintenance of the peace, good government, safety and welfare of the city and its trade, commerce and manufactures.

(2)  Necessary to the exercise of the powers and authority of local self-government in all municipal affairs.

Section 2436.  Historical Property.--Council may acquire by purchase or by gift and may repair, supervise, operate and maintain landmarks and other historical properties which are either eligible for listing or listed in the National Register of Historic Places or certified by the Pennsylvania Historical and Museum Commission as having historical significance.

Section 2437.  Appropriations for Handling, Storage and Distribution of Surplus Foods.--(a)  Council may appropriate from city funds moneys for the handling, storage and distribution of surplus foods obtained through a Federal, State or local agency.

(b)  All appropriations of moneys previously made by the council of any city for the handling, storage and distribution of surplus foods obtained, through a Federal, State or local agency, are hereby validated.

Section 2438.  Junk Dealers and Junk Yards.--Council may regulate and license junk dealers and the establishment and maintenance of junk yards and scrap yards, including, but not limited to, automobile junk or grave yards.

Section 2439.  Appropriations for Industrial Promotions.--Council may make appropriations to an industrial development organization as defined in section 2301 of the act of June 29, 1996 (P.L.434, No.67), known as the "Job Enhancement Act," when the city is located within the area for which the industrial development organization has been authorized to make application to and receive grants from the Department of Community and Economic Development for the purposes specified in Chapter 23 of the "Job Enhancement Act."

Section 2440.  Non-debt Revenue Bonds.--Consistent with and without limitation of any power conferred or duty imposed by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), council may issue non-debt revenue bonds pursuant to provisions of 53 Pa.C.S. Pt. VII Subpt. B.

Section 2441.  Appropriations for Urban Common Carrier Mass Transportation.--Council may appropriate funds for urban common carrier mass transportation purposes from current revenues and make annual contributions to county departments of transportation or to urban common carrier mass transportation authorities to assist the departments or the authorities to meet costs of operation, maintenance, capital improvements and debt service, and to enter into long-term agreements providing for the payment of the contributions.

Section 2442.  Appropriation for Nonprofit Art Corporation.--Council may appropriate moneys annually, not exceeding an amount equal to one mill of the real estate tax to any nonprofit art corporation for the conduct of its artistic and cultural activities. For the purposes of this section, "nonprofit art corporation" shall mean a local arts council, commission or coordinating agency, or any other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts. Artistic and cultural activities shall include the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing.

Section 2443.  Ratification and Validation of Real Estate Sales.--All deeds conveying title to real estate or interests therein from any city to any other party which are executed and delivered pursuant to an ordinance or resolution of the city council and which are not contested by an action filed in the court of common pleas of the county in which the city is located within six years of the date such deeds are recorded are hereby declared to be valid and to have fully and effectively conveyed the property and interests described therein in accordance with the terms thereof. No such deed shall thereafter be subject to attack in any court, agency or proceeding.

Section 2444.  Maintenance and Validation of Certain Records.--Except as otherwise may be required by any law governing the recording of documents with the recorder of deeds, all city records that are required to be recorded or copied shall be deemed valid if recorded or transcribed by any digital, photostatic, photographic, microphotographic, microfilm, microcard, miniature photographic, optical, electronic or other process which accurately reproduces the original and forms a durable medium for recording, storing and reproducing the original in accordance with standards, policies and procedures for the creation, maintenance, transmission or reproduction of images of records approved by the county or local government records committees, as applicable, and as otherwise provided by law. No city shall be required to retain original or paper copies of any documents after the documents are archived by any of the methods stated in this section or as otherwise provided by law. Where recording in a specific book is required, except for minutes or the proceedings of council, such records may be recorded, transcribed or otherwise assembled in an appropriate book, disk or other medium approved by resolution of council, and all records heretofore recorded and assembled in any manner are hereby validated.

Section 2445.  Rights Within Streets and Rights-of-Way.--(a) The power granted to a city in subsection (b) shall be exercised in compliance with Federal and State law and shall be subject to the power of the Pennsylvania Public Utility Commission under 66 Pa.C.S. Pt. I (relating to public utility code) to regulate the business, facilities and service of public utilities, including determining the location and installation of utility facilities.

(b)  Council may consent to a public or private corporation or any other person using city streets and other properties, whether such use is within, on or over the streets or public property in question, for transportation purposes or for the purpose of installing and maintaining pipes, wires, fibers, cables or any other utility or service medium. Council may define a reasonable district or reasonable districts within which all electric or telephone wires, cables or any other utility or service medium are to be placed underground. A city shall pay just compensation to any property owner whose land has been acquired by the city for use as a right-of-way for purposes of this section. Just compensation shall be determined pursuant to 26 Pa.C.S. (relating to eminent domain).

Section 2446.  Emergency Services.--(a)  The city shall be responsible for ensuring that fire and emergency medical services are provided within the city by the means and to the extent determined by the city, including the appropriate financial and administrative assistance for these services.

(b)  The city shall consult with fire and emergency medical services providers to discuss the emergency services needs of the city.

(c)  The city shall require any emergency services organizations receiving city funds to provide to the city an annual itemized listing of all expenditures of these funds before the city may consider budgeting additional funding to the organization.

Section 2447.  Charitable Purposes.--(a)  Council may, by ordinance, create a city bureau or agency which bureau or agency may receive in trust, and city council may control for the purposes of the trust, all estate, moneys, assets and property, real and personal, which may have been or shall be bestowed upon it by donation, gift, legacy, endowment, bequest, devise, conveyance or other means, for charitable purposes.

(b)  Council may make appropriations to the agency or bureau for charitable purposes except as limited by the Constitution of Pennsylvania and laws of this Commonwealth.

(c)  As used in this section, "charitable purposes" shall mean the relief of poverty, the advancement of education, the promotion of health, governmental or municipal purposes and other purposes the accomplishment of which is beneficial to the community.

Section 188.  Article XXV heading of the act is reenacted to read:

ARTICLE XXV

TAXATION

Section 189.  Article XXV subdivision (a) heading of the act is amended to read:

(a)  Assessments [and Revisions] of Property for Taxation

Section 190.  Sections 2501, 2502 and 2503 of the act are repealed:

[Section 2501.  Election of Assessor; Term; Removal; Qualifications.--The council of each city on the first Monday of January, one thousand nine hundred and fifty-two, and on the first Monday of January in every fourth year thereafter, or as soon thereafter as may be conveniently done, shall elect one person, resident of the city for at least five years previous to his election, a qualified elector thereof, and owner of real estate therein, at the time of his election and during the entire term of service, of the assessed value of at least five hundred dollars, as city assessor, to serve for the term of four years from the first Monday of January in the year in which he is elected. Any assessor may be removed from office by council and the vacancy thus occasioned may be filled in the manner hereinafter provided. Council shall not permit any person elected assessor to enter upon the duties of said office, nor continue in office, when he does not have and possess all of the qualifications aforesaid. For this purpose council shall have power, by a majority vote of all the members elected thereto, to declare the said office of assessor vacant at any time any person has not or ceases to have the qualifications aforesaid for the said office. They may thereupon fill the vacancy thus occasioned, in the manner hereinafter provided for the filling of vacancies.

Section 2502.  Oath of Assessor; Filling of Vacancies.--The said assessor shall, before entering upon his duties, take and subscribe the oath prescribed for municipal officers, and file the same with the city clerk. Any vacancy happening in said office shall be filled by appointment by council, for the unexpired term.

Section 2503.  Assistant Assessors; Compensation of Assessors and Assistants.--The council may, during each triennial year and in the intervening years, appoint such assistant assessors, to serve for such length of time as council may authorize, direct, or appoint by ordinance. Such assistant assessors shall be removable at the pleasure of council. The compensation or salary of the city assessor, and of the assistant assessors, if any, shall be fixed by ordinance.]

Section 191.  Sections 2503.1 and 2504 of the act, amended or added December 13, 1982 (P.L.1192, No.273), are repealed:

[Section 2503.1.  Definitions.--The following words and phrases when used in this act shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

"Base year," the year upon which real property market values are based for the most recently citywide revision of assessment of real property or other prior year upon which the market value of all real property of the city is based. Real property market values shall be equalized within the city and any changes by the board of revision of taxes and appeals shall be expressed in terms of such base year values.

"Board," the board of revision of taxes and appeals in cities of the third class.

"Common level ratio," the ratio of assessed value to current market value used generally in the county as last determined by the State Tax Equalization Board pursuant to the act of June 27, 1947 (P.L.1046, No.447), referred to as the State Tax Equalization Board Law.

"Established predetermined ratio," the ratio of assessed value to market value established by the city council and uniformly applied in determining assessed value in any year.

Section 2504.  Assessment of Property; Duties of Assessor.--(a)  The assessor shall make, or cause to be made, during the year one thousand nine hundred fifty-four, and every third year thereafter, a full, just, equal, and impartial assessment of all property, taxable according to the laws of this Commonwealth for county purposes, and all matters and things within the city subject by law to taxation for city purposes, and a just and perfect list of all property exempt by law from taxation, with a just valuation of the same. But nothing hereinbefore contained shall be construed as making taxable for city purposes the classes of personal property which by law are made taxable exclusively for county purposes at the rate of four mills. With his assessment he shall return such dimension, description, or quality of each lot or parcel of land as will be sufficient to identify the same, together with the number and kind of improvements. At the triennial assessment, the assessor shall, if council so directs by ordinance, classify all real estate in the city, in such manner and upon such testimony as may be adduced before him, so as to distinguish between the buildings on land and the land exclusive of the buildings, and he shall certify to the council the aggregate valuation of all real estate subject to taxation for city purposes within each such classification. At the next triennial assessment following the effective date of this amending act, the assessor shall, if council by ordinance so directs, classify all real estate in such city in such manner and upon such testimony as may be adduced before him so as to distinguish between the buildings on land and the land exclusive of the buildings, and he shall certify to the council the aggregate valuations of all real estate subject to taxation for city purposes within each such classification.

(b)  In all cases he shall value, or cause to be valued, the property at the actual value thereof. In arriving at actual value the city may utilize the current market value or it may adopt a base year market value. In arriving at such value the price for which any property would separately bona fide sell, or the price at which any property may bona fide actually have been sold, either in the base year or the current taxable year, shall be considered, but shall not be controlling. Instead such selling price, estimated or actual, shall be subject to revision by increase or decrease to accomplish equalization with other similar property within the taxing district. It shall be the further duty of the assessor to return annually a list of all the inhabitants over eighteen years of age.

(c)  The board shall assess real property at a value based upon an established predetermined ratio which may not exceed one hundred per centum of actual value. Such ratio shall be established and determined by the city council after proper notice has been given.

(d)  In arriving at the actual value, all three methods, namely, cost (reproduction or replacement, as applicable, less depreciation and all forms of obsolescence) comparable sales and income approaches, must be considered in conjunction with one another.

(e)  The board shall apply the established predetermined ratio to the actual value of all real property to formulate assessment roll.]

Section 192.  Section 2504.1 of the act, added July 29, 1970 (P.L.640, No.215), is repealed:

[Section 2504.1.  Temporary Tax Exemption for Residential Construction.--(a)  As used in this section, the word "dwellings" means buildings or portions thereof intended for permanent use as homes or residences.

(b)  New single and multiple dwellings constructed for residential purposes and improvements to existing unoccupied dwellings or improvements to existing structures for purposes of conversion to dwellings, shall not be valued or assessed for purposes of real property taxes until (1) occupied, (2) conveyed to a bona fide purchaser, or (3) one year from the first day of the month in which falls the sixtieth day after which the building permit was issued or, if no building permit or other notification of improvement was required, then from the date construction commenced. The assessment of any multiple dwelling because of occupancy shall be upon such proportion which the value of the occupied portion bears to the value of the entire multiple dwelling.]

Section 193.  Section 2505 of the act, amended October 4, 1978 (P.L.950, No.188), is repealed:

[Section 2505.  Manner of Assessments.--The assessor may assess real estate in the name or names of the registered owner, actual owner (legal or equitable), reputed owner, owner of the life estate, occupier, vendor, vendees, or any person who has or has had any connection with the legal title thereof, or an interest in the premises, or has charge or control thereof; partnership property, in the name of the partnership or in the name of the partners, or any of them; trust property, in the name of the trustee or trustees, or any of them, or in the name of the cestui que trust; property of a minor, in the name of the minor or his guardian; property of a lunatic, in the name of the lunatic or his guardian or committee; and property formerly belonging to a person, since deceased, may be assessed in the name of the decedent, or in the name of the estate of said decedent, or of his administrator or administrators, executor or executors, or his heirs generally, or in the name of any administrator, executor, or heir; and in assessing the same in the names of the executors, administrators or heirs, it shall not be necessary to designate them by their christian or surnames; and other property not herein provided for may be assessed in the manner the same is assessed for county taxation. This provision shall not prevent the collection, under existing laws, of any tax assessed against property by a sufficient designation or description, where the same has been assessed in the name of any person or persons who are not the owners thereof. Where lands of owners are part within and part without the city limits, they shall be assessed in the same manner and within the same jurisdiction as if the same were being assessed for county purposes.]

Section 194.  Sections 2506, 2508, 2509, 2510, 2511, 2512, 2513, 2514, 2515 and 2516 of the act are repealed:

[Section 2506.  Duties of Assessors in Other Than Triennial Years.--In the years between triennial assessments, the said assessor shall perform the following duties with reference to the assessment of property and other matters and subjects of taxation, namely: He shall,

(a)  Assess any property which has been omitted, and correct any errors of law, fact or judgment which may have been made in making the triennial assessment;

(b)  Add to the assessment any property which has ceased to be exempt and any property acquired since the triennial assessment;

(c)  Add to the value of any real estate the value of any new building or other new improvements;

(d)  Deduct from the value of any property any loss caused by destruction, injury, or otherwise, howsoever;

(e)  Where tracts as assessed at the triennial assessment have been subdivided, equalize and apportion the assessment of the lands thus subdivided upon the basis of the value as fixed at the triennial assessments upon the whole lot or tracts;

(f)  Where any borough, township, part of a borough or township, or any tract or tracts of land, have been added to the city, since the last triennial assessment, make a full and impartial assessment of the property in the annexed district, and return the same in a like manner as if it were a triennial assessment;

(g)  When any property has been transferred or disposed of, make the proper changes, deductions or transfers upon the proper assessment books and duplicates;

(h)  Perform such other duties, as may be prescribed by ordinance, necessary to the making of proper assessments or valuations.

Section 2508.  Omitted Property to be Assessed; Liability of Owner for Back Taxes.--When the said assessor ascertains that any property is omitted, he shall assess the same for the omitted years, but not back further than and including the last year of the preceding triennial assessment. The person or party owning said omitted property shall be liable for the tax against the property for the omitted year or years, at the tax rate levied during the omitted year or years, and the proper authorities shall make out the proper tax and place the amount thereof in the hands of the city treasurer for collection.

Section 2509.  Clerks; Power to Administer Oaths; Inventories.--The assessor shall have the right to procure such books, maps, et cetera, as may be necessary to the performance of his duties, and, when authorized by council, may employ clerks for the purpose of transcribing and making duplicate and assessment books. He, and each of them, shall have power to administer oaths, and to require, under oath, of every taxable or person in charge or control of any property, an inventory of his taxable property, with his estimate of the just, full, fair, and impartial value thereof, and which, in his judgment, the same would bring at a fair public sale thereof. Such estimate shall not be conclusive, but shall be subject to revision by increase, decrease or equalization with other property.

Section 2510.  Information from Real Estate Registry Office; Sufficiency of Descriptions.--Where any city has established a registry of real estate by law, the assessor shall have the right to obtain from the official in charge of said registry such information as to the registered owners of real estate as said department is able to furnish, and under such rules and regulations as shall be established by ordinance of council. It shall be a sufficient description of any real estate in any assessment books or duplicates to designate the same by such city lot number, other number or designation, as is used on the registry.

Section 2511.  Time of Completion of Assessments.--The assessor shall complete his triennial assessment, and the annual assessments in intervening years, on or before the first day of September in each year, or as soon thereafter as practicable. He may, with the approval of the board of revision and appeals, add to the duplicates in the hands of the city treasurer any subject of taxation omitted therefrom, and rectify any and all errors and mistakes made therein.

Section 2512.  Liability for Neglect.--Any assessor or assessors who shall wilfully omit, neglect, or refuse to assess any property liable to taxation shall be held responsible to the city for any loss or damage caused thereby.

Section 2513.  Ordinances to Regulate Assessments, Transfers, Appeals, Et Cetera.--The council of each city may pass such ordinances as it may deem proper and necessary, providing for and regulating the manner of making the assessments, valuations, and transfers, and the taking of appeals to the board of revision and appeal, and regulating proceedings before said board on any and all matters not specifically provided for in this act.

Section 2514.  Board of Revision of Taxes and Appeals.--The council of each city shall constitute the board of revision of taxes and appeals, and the city clerk shall serve as clerk thereof.

Section 2515.  New Assessments.--The council, in any years other than a triennial year, if it shall deem a new assessment necessary, may, on or before the first day of May, issue its precept to the city assessor and by ordinance or resolution require him to make out and return a full, just, and equal assessment of property within the city, or such parts thereof as may be deemed advisable.

Section 2516.  Revision of Assessments.--The said board of revision of taxes and appeals shall take and receive the triennial and yearly assessment as returned by the city assessor, and may revise, equalize, and alter such assessments, in any and every year, by increasing or reducing the valuation either in individual cases or by wards, or parts of wards; rectify all errors, and add to the assessment book, and to the duplicate thereof in the hands of the city treasurer, any property or person subject to taxation omitted therefrom, and any real estate in such city which has been exempt from taxation, and has ceased to be occupied and used for the purpose or purposes which entitled it to such exemption, as taxable for the portion of the year commencing at the time when the right to exemption ceases. Such property shall thereupon become subject to taxation, at the rate fixed for the year, for the proportionate part of the year during which it is not entitled to exemption.]

Section 195.  Section 2516.1 of the act, amended July 29, 1970 (P.L.640, No.215), is repealed:

[Section 2516.1.  Additions and Revisions to Duplicates.--Whenever in any city there is any construction of a building or buildings not otherwise exempt as a dwelling after the city council has prepared a duplicate of the assessment of city taxes and the building is not included in the tax duplicate of the city, the authority responsible for assessments in the city shall, upon the request of the city council, direct the assessor in the city to inspect and reassess, subject to the right of appeal and adjustment provided by the act of Assembly under which assessments are made, all taxable property in the city to which major improvements have been made after the original duplicates were prepared and to give notice of such reassessments within ten days to the authority responsible for assessments, the city and the property owner. The property shall then be added to the duplicate and shall be taxable for city purposes at the reassessed valuation for that proportionate part of the fiscal year of the city remaining after the property was improved. Any improvement made during the month shall be computed as having been made on the first of the month. A certified copy of the additions or revisions to the duplicate shall be furnished by the city council to the city treasurer, together with their warrant for collection of the same, and within ten days thereafter the city treasurer shall notify the owner of the property of the taxes due the city.]

Section 196.  Section 2517 of the act is repealed:

[Section 2517.  Hearing of Appeals.--The board of revision of taxes and appeals may require the attendance of the assessor and assistant assessors, or any of them, or other citizens, before them for examination on oath or affirmation. It shall hear and determine all appeals by taxpayers from the assessments made by the city assessor, at such time and place as it may prescribe, conformably with law as to notice to the taxable and his filing of notice of intention to appeal.]

Section 197.  Section 2518 of the act, amended December 13, 1982 (P.L.1192, No.273), is repealed:

[Section 2518.  Notice to Taxables of Assessments; Appeals.--(a)  The assessor shall give, or cause to be given, printed or written notice to each taxable of the city, whose property is newly assessed, or whose last previous assessment has been changed, of the amount of the present assessment, valuation and ratio and the new assessment, valuation and ratio. The said notice shall not be required to be given to any taxable whose property assessment was not changed as a result of any triennial assessment. The said notice shall also inform the taxable of the requirements of this section as to appealing from any assessment. Such notice may be served personally or by posting on the premises or by mailing the same to the last known address of the taxable.

(b)  Notice similar to that provided for in subsection (a) shall be given when the city changes the established predetermined ratio.

(c)  Any person dissatisfied or aggrieved by any assessment, or any change thereof, made by the assessor, may appeal to the said board of revision of taxes and appeals, by filing with the board a statement in writing of intention to appeal, setting forth:

(1)  The assessment or assessments by which such person feels aggrieved;

(2)  The address to which the board shall mail notice of when and where to appear for hearing.

(d)  The statement of intention to appeal shall be filed with the said board not later than thirty days after the notice of assessment has been mailed to the taxable at his last known address, or has been served upon him personally, or has been posted upon the premises. No appeal shall be permitted except upon such a statement of intention as herein required, nor may any taxable appeal as to an assessment not designated in his statement of intention to appeal. The board shall fix the time and place of hearing appeals and shall give at least five days notice to the taxable.

(e)  Any triennial assessment made prior to the effective date of this amending act, which did not change a property assessment, is hereby validated irrespective of whether or not written or printed notice of such assessment was given to the taxable.]

Section 198.  Section 2519 of the act is repealed:

[Section 2519.  Power of Assessor to Administer Oaths.--For the purposes of all hearings, and for all other purposes necessary to the discharge of his duties, the assessor shall have authority to administer oaths and affirmations touching any matter relating thereto.]

Section 199.  Sections 2520 and 2521 of the act, amended December 13, 1982 (P.L.1192, No.273), are repealed:

[Section 2520.  Custody of Assessment Books; Completion of Work of Board.--(a)  The board of revision of taxes and appeals shall procure and have the custody and control of all books relating to assessment of city taxes, and keep them arranged according to wards and dates, and shall furnish the city assessor the necessary books for making the assessment, which, on the completion of such assessment, shall be returned to such board of revision of taxes and appeals. The board shall complete its labors, and the hearing and determination of all appeals, on or before the first day of December of each year, or as soon thereafter as practicable, after which the assessment shall be copied, by wards, into a tax duplicate or duplicates for the use of the city. The assessment, so corrected and copied, shall be and remain a lawful assessment for the purpose of city taxation until altered as provided in this article. The board shall give notice in writing within five days after its disposition of each appeal, advising the taxable of its decision.

(b)  In any appeal of an assessment the board shall make the following determinations:

(1)  The current market value for the tax year in question.

(2)  The common level ratio.

(c)  The board, after determining the current market value of the property for the tax year in question, shall then apply the established predetermined ratio to such value unless the common level ratio varies by more than fifteen per centum from the established predetermined ratio, in which case the board shall apply the common level ratio to the current market value of the property for the tax year in question.

(d)  Nothing herein shall prevent any appellant from appealing any base year valuation without reference to ratio.

Section 2521.  Appeals from Decisions of Board; Costs.--(a)  Any owner of taxable property who may feel aggrieved by the decision of the board of revision of taxes and appeals as to the assessment or valuation of his taxable property may appeal from the decision of the board of revision of taxes and appeals to the court of common pleas of the county within which such property is situated, and, for that purpose, may present to said court, or file in the prothonotary's office, within sixty days after mailing notice to him that the board of revision of taxes and appeals have held the appeals provided for by law and acted on the said assessments and valuations, a petition signed by him, his agent, or attorney, setting forth the facts of the case. The court shall thereupon, after notice to the said board of revision of taxes and appeals, hear the said appeal and the proofs in the case, and make such orders and decrees touching the matter complained of as to the judges of said court may seem just and equitable, having due regard to the valuation and assessment made of other property in such city. The costs of the appeal and hearing shall be apportioned or paid as the court may direct. The said appeals shall not, however, prevent the collection of the taxes complained of, but in case the same shall be reduced, then the excess shall be returned to the person or persons who shall have paid the same.

(b)  In any appeal of an assessment the court shall make the following determinations:

(1)  The current market value for the tax year in question.