PRINTER'S NO. 3594
No. 2668 Session of 1978
INTRODUCED BY M. GEORGE, FRYER, WEIDNER, GARZIA, ZELLER,
RUGGIERO, LIVENGOOD, LOGUE, DeMEDIO, MORRIS, SCHEAFFER,
SIRIANNI, MELUSKEY, A. C. FOSTER JR. AND SPITZ,
SEPTEMBER 11, 1978
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 11, 1978
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
2 act concerning townships of the second class; and amending,
3 revising, consolidating, and changing the law relating
4 thereto," further providing for the sale of property at
5 auction.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Clause II of section 701, act of May 1, 1933
9 (P.L.103, No.69), known as "The Second Class Township Code,"
10 reenacted and amended July 10, 1947 (P.L.1481, No.567) and
11 amended June 27, 1974 (P.L.399, No.137), is amended to read:
12 Section 701. Suits; Property.--Any township of the second
13 class may--
14 * * *
15 II. Purchase, acquire by gift, or otherwise, hold, lease,
16 let and convey, by sale or lease, such real and personal
17 property as shall be deemed to be to the best interest of the
18 township: Provided, That no real estate owned by the township
1 shall be sold for a consideration in excess of five hundred
2 dollars, except to the highest bidder after due notice by
3 advertisement for bids in one newspaper of general circulation
4 in the township. Such advertisement shall be published once not
5 less than ten days prior to the date fixed for the opening of
6 bids, and such date for opening bids shall be announced in such
7 advertisement. The acceptance of bids shall be made only by
8 public announcement at a regular or special meeting of the board
9 of township supervisors. All bids shall be accepted on the
10 condition that payment of the purchase price in full shall be
11 made within sixty days of the acceptance of bids.
12 Except as otherwise hereinafter provided in the case of
13 personal property of an estimated sale value of less than two
14 hundred dollars, no township personal property shall be disposed
15 of, by sale or otherwise, except upon approval of the board of
16 township supervisors, by ordinance or resolution. In cases where
17 the board of township supervisors shall approve a sale of such
18 property, it shall estimate the sale value of the entire lot to
19 be disposed of. If the board of township supervisors shall
20 estimate the sale value to be two hundred dollars or more, the
21 entire lot shall be advertised for sale once, in at least one
22 newspaper of general circulation in the township, not less than
23 ten days prior to the date fixed for the opening of bids or
24 public auction, and such date of opening of bids or public
25 auction shall be announced in such advertisement, and sale of
26 the property so advertised shall be made to the best responsible
27 bidder. The board of township supervisors shall have authority,
28 by resolution, to adopt a procedure for the sale of surplus
29 personal property of an estimated sale value of less than two
30 hundred dollars and the approval of the board of township
19780H2668B3594 - 2 -
1 supervisors shall not be required for any individual sale that
2 shall be made in conformity to such procedure.
3 Any officer who sells and each officer who votes in favor of
4 selling any township property, either real or personal, without
5 the provisions of this section having been complied with, shall
6 be subject to surcharge in the amount of any loss sustained by
7 the township by reason of such sale.
8 * * *
9 Section 2. This act shall take effect in 60 days.
H8L58DS/19780H2668B3594 - 3 -