PRIOR PRINTER'S NOS. 1474, 2060 PRINTER'S NO. 2284
No. 1235 Session of 1985
INTRODUCED BY CORDISCO, J. L. WRIGHT, GALLAGHER, DALEY AND FOX,
MAY 14, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 16, 1985
AN ACT
1 Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
2 "An act concerning townships of the first class; amending,
3 revising, consolidating, and changing the law relating
4 thereto," further providing for contracts relating to refuse
5 materials.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Clause XXVII of section 1502 of the act of June
9 24, 1931 (P.L.1206, No.331), known as The First Class Township
10 Code, reenacted and amended May 27, 1949 (P.L.1955, No.569) and
11 amended July 1, 1955 (P.L.251, No.78), is amended to read:
12 Section 1502. The corporate power of a township of the first
13 class shall be vested in the board of township commissioners.
14 The board shall have power--
15 * * *
16 XXVII. Ashes, Garbage, Rubbish and Refuse Materials. To make
17 regulations relative to the accumulation of manure, compost and
18 the like; to prohibit accumulation of ashes, garbage, rubbish
1 and other refuse materials upon private properties including the
2 imposition and collection of reasonable fees and charges for the
3 collection, removal and disposal thereof, and to prescribe fines
4 and penalties for the violation of such regulations; to collect,
5 remove and dispose of or to provide, by contract or otherwise,
6 for the collection, removal and disposal by incineration, land
7 fill or other methods of ashes, garbage, rubbish and other
8 refuse materials; and to prescribe penalties for the enforcement
9 thereof. Any such contract may be made for a period not
10 exceeding three years: Provided, That this limitation shall not
11 apply to contracts entered into with any other political
12 subdivision [or with], any municipality authority or any
13 operator of a privately owned resource recovery facility.
14 Contracts made with operators of privately owned resource
15 recovery facilities for the disposal of municipal solid waste
16 may have a term not exceeding ten EIGHTEEN years. To acquire any <--
17 real property and to erect, maintain, improve, operate and
18 lease, either as lessor or lessee, facilities for incineration,
19 land fill or other methods of disposal, either within or without
20 the limits of the township, including equipment, either
21 separately or jointly, with any other political subdivision or
22 with any municipality authority in order to provide for the
23 destruction, collection, removal and disposal of ashes, garbage,
24 rubbish and other refuse materials; and to provide for the
25 payment of the cost and expense thereof, either in whole or
26 part, out of the funds of the township and to acquire and to
27 maintain lands and places for the dumping of ashes, garbage,
28 rubbish and other refuse material. To fix, alter, charge and
29 collect rates, and other charges for the collection, removal and
30 disposal of ashes, garbage, rubbish and other refuse materials
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1 and the costs of including the payment of any indebtedness
2 incurred for the construction, purchase, improvement, repair,
3 maintenance and operation of any facilities therefor, and the
4 amount due under any contract with any other political
5 subdivision or with any municipality authority furnishing any of
6 such services or facilities. To incur indebtedness and issue
7 bonds for the costs of the construction, purchase, improvement
8 and repair of any facilities for the collection, removal and
9 disposal of ashes, garbage, rubbish and other refuse materials,
10 including equipment to be used in connection therewith. To make
11 appropriations to any other political subdivision or any
12 municipality authority out of its general funds or out of any
13 other available funds, including the proceeds of bonds of the
14 township for the construction, purchase, improvement, repair,
15 maintenance and operation of any facilities for the collection,
16 removal and disposal of ashes, garbage, rubbish and other refuse
17 materials. In the event that any such bonds were issued for such
18 purposes, pursuant to a vote of the electors, any appropriation
19 of such proceeds as above set forth shall not be deemed such a
20 change of purpose from that for which such bonds were issued as
21 shall require the question to be again submitted to a vote of
22 the electors under any existing law. Any such funds appropriated
23 as herein authorized, which represent the proceeds of any bonds
24 heretofore or hereafter issued by the township for the above
25 purposes, shall be used by such other political subdivision or
26 municipality authority for or toward the purpose or purposes for
27 which such bonds were issued.
28 * * *
29 Section 2. This act shall take effect in 60 days.
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