PRINTER'S NO. 1473
No. 1234 Session of 1985
INTRODUCED BY CORDISCO, J. L. WRIGHT AND DALEY, MAY 28, 1985
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 28, 1985
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 contracts relating to refuse
5 materials.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Clause VIII of section 702 of the act of May 1,
9 1933 (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 May 9, 1961 (P.L.194, No.97), is amended to read:
12 Section 702. Supervisors to Exercise Powers.--The corporate
13 powers of townships of the second class shall be exercised by
14 the township supervisors. Where no specific authority is given
15 for the expenditures incident to the exercise of any power
16 hereinafter conferred, or where no specific fund is designated
17 from which such expenditures shall be made, appropriations for
18 such expenditures shall be made only from the general township
19 fund. In addition to the duties imposed upon them by section 516
1 hereof, they shall have power--
2 * * *
3 VIII. Ashes, Garbage, Rubbish and Other Refuse Materials.--
4 To regulate or prohibit the dumping or otherwise depositing of
5 ashes, garbage, rubbish and other refuse materials within the
6 township. To prohibit accumulations of ashes, garbage, rubbish
7 and other refuse materials upon private property, including the
8 imposition and collection of reasonable fees and charges for the
9 collection, removal and disposal thereof. They shall also have
10 power to--
11 (1) Collect, remove and dispose of or to provide, by
12 contract or otherwise, for the collection, removal and disposal,
13 by incineration, land fill or other methods of ashes, garbage,
14 rubbish and other refuse materials and to prescribe penalties
15 for the enforcement thereof. [Any such contract may be made for
16 a period not exceeding three years. This limitation shall not
17 apply to contracts entered into with any other political
18 subdivision or with any municipality authority.] To acquire any
19 real property and to erect, maintain, improve, operate, and
20 lease, either as lessor or lessee, facilities for incineration,
21 land fill or other methods of disposal, either within or without
22 the limits of the township, including equipment, either
23 separately or jointly, with any other political subdivision or
24 with any municipality authority in order to provide for the
25 destruction, collection, removal and disposal of ashes, garbage,
26 rubbish and other refuse materials and to provide for the
27 payment of the cost and expense thereof, either in whole or
28 part, out of the funds of the township and to acquire land for
29 land fill purposes, either amicably or by exercising the power
30 of eminent domain, and to maintain such lands and places for the
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1 dumping of ashes, garbage, rubbish and other refuse material to
2 fix, alter, charge and collect rates, and other charges for the
3 collection, removal and disposal of ashes, garbage, rubbish and
4 other refuse materials and the costs of including the payment of
5 any indebtedness incurred for the construction, purchase,
6 improvement, repair, maintenance and operation of any facilities
7 therefor, and the amount due under any contract with any other
8 political subdivision or with any municipality authority
9 furnishing any of such services or facilities. To incur
10 indebtedness and issue bonds for the costs of the construction,
11 purchase, improvement and repair of any facilities for the
12 collection, removal and disposal of ashes, garbage, rubbish and
13 other refuse materials, including equipment to be used in
14 connection therewith. To make appropriations to any other
15 political subdivision or any municipality authority out of its
16 general funds or out of any other available funds, including the
17 proceeds of bonds of the township for the construction,
18 purchase, improvement, repair, maintenance and operation of any
19 facilities for the collection, removal and disposal of ashes,
20 garbage, rubbish and other refuse materials. In the event that
21 any such bonds were issued for such purposes, pursuant to a vote
22 of the electors, any appropriation of such proceeds as above set
23 forth shall not be deemed such a change of purpose from that for
24 which such bonds were issued as shall require the question to be
25 again submitted to a vote of the electors under any existing
26 law. Any such funds appropriated as herein authorized, which
27 represent the proceeds of any bonds heretofore or hereafter
28 issued by the township for the above purposes, shall be used by
29 such other political subdivision or municipality authority for
30 or toward the purpose or purposes for which such bonds were
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1 issued. In the absence of such collection, removal and disposal
2 plan for the entire township the supervisors shall--
3 (2) on petition of a majority of the adult taxable residents
4 of any territory within the township, which has been definitely
5 defined, set apart and limited by the township supervisors, with
6 the approval of the township auditors, as a village, prior to
7 the filing of any such petition, either with township employes
8 and facilities, or with independent contractors, provide for the
9 removal from the village of ashes or garbage or other refuse
10 material, as the case may be, and for the disposal thereof. The
11 supervisors shall levy a per capita assessment upon all adult
12 residents of any such village, sufficient to defray the cost of
13 such removal and disposal. Such assessment shall be collected in
14 the same manner as per capita taxes, and the collector shall
15 receive the same commission thereon. The treasurer of the board
16 of supervisors shall receive all such assessments collected and
17 keep the same in a separate account and pay the same out only
18 upon orders signed by the chairman and attested by the secretary
19 of the board of supervisors. The treasurer shall make an annual
20 report of the account to the auditors of the township.
21 * * *
22 Section 2. This act shall take effect in 60 days.
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