PRINTER'S NO. 2151
No. 1772 Session of 1977
INTRODUCED BY PITTS, KLINGAMAN, PYLES, E. H. SMITH AND BRANDT,
OCTOBER 18, 1977
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 18, 1977
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," authorizing townships to enter into contracts with
5 the Commonwealth for police protection.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Subsection B of section 590, 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 29, 1965 (P.L.152, No.102), is amended to read:
12 Section 590. Petition for Appointment of Police; Contracts
13 for Police Services.--* * *
14 B. Any township may contract with the Commonwealth or with
15 any adjacent township of the first or second class, or with any
16 borough or city, and may expend moneys from the general fund for
17 the purpose of securing the services within the township of the
18 police of the Commonwealth or of such adjacent township, borough
19 or city. When any such contract has been entered into, the
1 police of the Commonwealth or of employing township, borough or
2 city shall have all the powers and authority conferred by law on
3 township police in the territory of the township which has
4 contracted to secure such police service. Any police protection
5 furnished by agreement with the Commonwealth shall be in
6 addition to any existing, full-time police protection provided
7 by the township.
8 Section 2. Clause XLIII of section 702 of the act, amended
9 May 20, 1949 (P.L.1562, No.474), is amended to read:
10 Section 702. Supervisors to Exercise Powers.--The corporate
11 powers of townships of the second class shall be exercised by
12 the township supervisors. Where no specific authority is given
13 for the expenditures incident to the exercise of any power
14 hereinafter conferred, or where no specific fund is designated
15 from which such expenditures shall be made, appropriations for
16 such expenditures shall be made only from the general township
17 fund. In addition to the duties imposed upon them by section 516
18 hereof, they shall have power--
19 * * *
20 XLIII. Police Protection Districts; Assessments.--To provide
21 police protection and promote the public safety, health,
22 convenience and welfare of its citizens the board of township
23 supervisors is hereby empowered, with the approval of the
24 township auditors, on petition of a majority of the property
25 owners of any territory within the township, to designate,
26 definitely define, set apart and limit any part of such
27 territory, as a district for the purpose of providing such
28 districts adequate police protection. Such police protection may
29 be furnished jointly with one or more other townships or
30 boroughs under an agreement with such townships and boroughs or
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1 may be furnished pursuant to an agreement with the Commonwealth
2 whereby the Pennsylvania State Police shall furnish the
3 necessary police protection. The township supervisors shall
4 annually assess or cause to be assessed the cost and expense of
5 the maintenance of said police protection by an equal assessment
6 on all property benefited by such protection in proportion to
7 the number of feet the same fronts on the street or highway or
8 portion thereof to be protected. The supervisors may provide for
9 an equitable reduction from the frontage of lots at
10 intersections or where from the peculiar or pointed shape of
11 lots an assessment of the full frontage would be inequitable. No
12 such assessment shall be made against any farm land, but vacant
13 lots between built-up sections, whether tilled or untilled,
14 shall not be deemed to be farm lands: Provided, however, That
15 the assessment per front foot against vacant lots shall be only
16 twenty-five per centum (25%) of the assessment per foot front
17 against property with improvements thereon. All such assessments
18 for police protection shall be filed with the township tax
19 collector, who shall give thirty days' written or printed notice
20 that the assessments are due and payable, stating the due date
21 to each party assessed either by service on the owner of the
22 property or by mailing such notice to the owner at his last
23 known post office address. The tax collector shall be entitled
24 to the same commission for the collection of such assessments as
25 he is entitled to by law for the collection of the township road
26 tax. If the assessments or any of them remain unpaid at the
27 expiration of not exceeding ninety days, the exact time to be
28 fixed by the township supervisors, they shall be placed in the
29 hands of the township solicitor for collection. The solicitor
30 shall collect the same together with five per centum (5%) as
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1 attorney's commission, and interest from the date such
2 assessments were due, by a municipal claim filed against the
3 property of the delinquent owner in like manner as municipal
4 claims are by law filed and collected. Where an owner has two or
5 more lots against which there is an assessment for the same year
6 all such lots shall be embraced in one claim. All assessments,
7 when collected, shall be paid over to the township treasurer,
8 who shall receive and shall keep the same in a separate account,
9 and pay out the same only upon orders signed by the chairman of
10 the township supervisors, attested by the secretary. The tax
11 collector and the treasurer shall make a report to the auditors
12 of the township annually.
13 * * *
14 Section 3. This act shall take effect immediately.
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