PRINTER'S NO. 1105
No. 962 Session of 1983
INTRODUCED BY STUBAN, FRYER, BELFANTI, A. C. FOSTER, JR.,
PHILLIPS AND LEVI, MAY 10, 1983
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 10, 1983
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," further
4 providing for the sale of land to a volunteer fire company
5 located within the borough.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1201(4) of the act of February 1, 1966
9 (1965 P.L.1656, No.581), known as The Borough Code, amended June
10 23, 1978 (P.L.530, No.89) and October 4, 1978 (P.L.974, No.193),
11 is amended to read:
12 Section 1201. General Powers.--A borough may:
13 * * *
14 (4) Purchase, acquire by gift, or otherwise, hold, lease,
15 let and convey, by sale or lease, such real and personal
16 property as shall be deemed to be to the best interest of the
17 borough: Provided, That no real estate owned by the borough
18 shall be sold for a consideration in excess of fifteen hundred
19 dollars ($1500), except to the highest bidder after due notice
1 by advertisement for bids in one newspaper of general
2 circulation in the borough. Such advertisement shall be
3 published once not less than ten days prior to the date fixed
4 for the opening of bids, and such date for opening bids shall be
5 announced in such advertisement. The acceptance of bids shall be
6 made only by public announcement at a regular or special meeting
7 of council. All bids shall be accepted on the condition that
8 payment of the purchase price in full shall be made within sixty
9 days of the acceptance of bids. Real estate owned by a borough
10 may be sold at a consideration of fifteen hundred dollars
11 ($1500) or less without advertisement or competitive bidding
12 only after council estimates the value thereof upon receipt of
13 an appraisal by a qualified real estate appraiser.
14 Except as otherwise hereinafter provided in the case of
15 personal property of an estimated sale value of less than two
16 hundred dollars ($200), no borough personal property shall be
17 disposed of, by sale or otherwise, except upon approval of
18 council, by ordinance or resolution. In cases where council
19 shall approve a sale of such property, it shall estimate the
20 sale value of the entire lot to be disposed of. If council shall
21 estimate the sale value to be two hundred dollars ($200) or
22 more, the entire lot shall be advertised for sale once, in at
23 least one newspaper of general circulation in the borough, not
24 less than ten days prior to the date fixed for the opening of
25 bids or public auction, and such date of opening of bids or
26 public auction, shall be announced in such advertisement, and
27 sale of the property so advertised shall be made to the best
28 responsible bidder. Council shall have authority, by resolution,
29 to adopt a procedure for the sale of surplus personal property
30 of an estimated sale value of less than two hundred dollars
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1 ($200) and the approval of council shall not be required for any
2 individual sale that shall be made in conformity to such
3 procedure.
4 The provisions of this clause shall not be mandatory where
5 borough property is to be traded in or exchanged for new borough
6 property.
7 The provisions of this clause requiring advertising for bids
8 and sale to the highest bidder shall not apply where borough
9 real or personal property is to be sold to a county, city,
10 borough, town, township, institution district, school district,
11 a volunteer fire company located within the borough, or
12 municipal authority pursuant to the Municipality Authorities Act
13 of 1945, is to be sold to a non-profit corporation engaged in
14 community industrial development or where real property is to be
15 sold to a person for his exclusive use in an industrial
16 development program or where real property is to be sold to a
17 non-profit corporation organized as a public library for its
18 exclusive use as a library, or where real property is to be sold
19 to a non-profit medical service corporation as authorized by
20 clause (76) of section 1202 or where real property is to be sold
21 to a non-profit housing corporation as authorized by clause (77)
22 of section 1202. When real property is to be sold to a non-
23 profit corporation organized as a public library for its
24 exclusive use as a library or to a non-profit medical service
25 corporation or to a non-profit housing corporation, council may
26 elect to accept such nominal consideration for such sale as it
27 shall deem appropriate. Real property sold pursuant to this
28 clause to a volunteer fire company, non-profit medical service
29 corporation or to a non-profit housing corporation shall be
30 subject to the condition that when the property is not used for
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1 the purposes of the company or the corporation the property
2 shall revert to the borough.
3 * * *
4 Section 2. This act shall take effect immediately.
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