PRINTER'S NO.  2152

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1702

Session of

2011

  

  

INTRODUCED BY GINGRICH, ROSS, CREIGHTON, FREEMAN AND SANTARSIERO, JUNE 21, 2011

  

  

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 21, 2011  

  

  

  

AN ACT

  

1

Reenacting and amending the act of February 1, 1966 (1965

2

P.L.1656, No.581), entitled "An act concerning boroughs, and

3

revising, amending and consolidating the law relating to

4

boroughs."

5

TABLE OF CONTENTS

6

ARTICLE I

7

PRELIMINARY PROVISIONS

8

Section 101.  Short Title.

9

Section 102.  Excluded Provisions.

10

Section 103.  Construction of Act Generally.

11

Section 104.  Constitutional Construction.

12

Section 105.  Construction of References.

13

Section 106.  Boroughs to Which Act Applies.

14

Section 107.  Acceptance of Act by Boroughs.

15

Section 107.1.  Acceptance of Act by Incorporated Towns.

16

Section 108.  Effective Date.

17

Section 109.  Publication of Notices.

18

Section 110.  Terms of Existing Officers Saved.

19

Section 111.  Definitions.

 


1

ARTICLE II

2

CREATION AND ALTERATION OF BOROUGHS

3

(a)  Incorporation of Boroughs

4

Section 201.  Areas May be Incorporated.

5

Section 202.  Applications for Incorporation.

6

Section 202.1.  Borough Advisory Committee.

7

Section 202.2.  Advisability of Incorporation; Certification of

8

Question for Referendum; Decree.

9

Section 205.  When Borough Government Becomes Effective;

10

Requisites of Charter.

11

Section 206.  Exclusion of Farm Lands.

12

Section 207.  Corporate Name.

13

Section 210.  Certificates of Clerk of Court; Fees; Penalty.

14

Section 211.  Existing Government Preserved Temporarily;

15

Organization of Borough; Election of Borough

16

Officers.

17

Section 212.  Marking Borough Boundaries.

18

Section 213.  Agreement to Adjust Indebtedness Where Borough

19

Created.

20

Section 214.  Judicial Adjustment on Failure of Agreement.

21

Section 215.  Proceeding on Judicial Adjustment Award.

22

Section 216.  Exceptions to Report.

23

Section 217.  Compensation and Expenses of Commissioners; Costs.

24

Section 218.  Where Territory of Borough is Located in Two or

25

More Counties.

26

Section 219.  Bond Issues; Taxation.

27

(c)  Creation of Boroughs from Cities of the Third Class

28

Section 231.  Petition for Creation of Borough from a City of

29

the Third Class.

30

Section 232.  Filing Petition; Notice of Election; Return.

- 2 -

 


1

Section 233.  When Borough Government Effective.

2

Section 234.  Property; Assets; Liabilities; Ordinances; Wards;

3

Election Districts and Certain Officers.

4

Section 235.  Costs and Expenses.

5

(d)  Consolidation or Merger of Boroughs and

6

Change of Corporate Name

7

Section 241.  Consolidation or merger.

8

Section 242.  Change of corporate name.

9

ARTICLE V

10

BOROUGH BOUNDARIES

11

Section 501.  Stream Boundaries.

12

Section 502.  Petition to Court; Establishment of Disputed

13

Boundaries.

14

Section 503.  Commissioners; Report.

15

Section 504.  Exceptions and Procedure.

16

Section 505.  Compensation and Expenses of Commissioners; Costs.

17

Section 506.  Boundary Monuments.

18

ARTICLE VI

19

BOROUGH WARDS

20

Section 601.  Power of Council to Erect, Abolish and Change

21

Wards and to Adjust, Alter and Establish Lines.

22

Section 602.  Petition of Electors.

23

Section 603.  Notice of Ordinance.

24

Section 604.  (Reserved).

25

Section 605.  (Reserved).

26

Section 606.  Terms of Officers.

27

ARTICLE VII

28

ASSOCIATIONS AND ORGANIZATIONS

29

Section 701.  State Association of Boroughs.

30

Section 701.1.  Authorization to Attend and Payment of Expenses

- 3 -

 


1

for Attending Meetings, Etc.

2

Section 701.2.  Compensation of Officers and Employes for

3

Attending Meetings, Etc.

4

Section 702.  County and Regional Associations of Boroughs.

5

Section 703.  Other Associations and Organizations.

6

Section 704.  Associations and Organizations for Mayors.

7

Section 705.  National or State Lodge of Police Officers.

8

ARTICLE VIII

9

ELECTIONS OF OFFICERS

10

(a)  General Provisions Relating to Elected Officers

11

Section 801.  Electors Only to be Eligible; Incompatibility.

12

Section 802.  Time and Place of Elections.

13

Section 803.  Certificates of Election.

14

Section 804.  Term; Bonds.

15

Section 805.  Election of Borough Officers When Boroughs

16

Created, Etc.

17

Section 806.  Officers to be Elected.

18

(b)  Members of Council

19

Section 811.  Election of Members of Council.

20

Section 812.  Election of Members of Council Where New Wards

21

Created.

22

Section 813.  Fixing Number of Members of Council When Wards

23

Created.

24

Section 814.  Increase in Number of Ward Council Members.

25

Section 815.  Decrease of Number of Ward Council Members.

26

Section 816.  Election of Members of Council Where Wards

27

Abolished.

28

Section 817.  Vacancies Created After a Primary Election.

29

Section 818.  Decrease in Number of Members of Council.

30

ARTICLE IX

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1

VACANCIES IN OFFICE

2

Section 901.  Filling Vacancies in Elective Borough Offices.

3

Section 902.  Collection of Taxes Where Vacancy in Office of Tax

4

Collector Not Filled.

5

Section 903.  Right of Council to Declare Seat of Member Vacant

6

for Failure to Qualify.

7

Section 905.  Temporary Auditor.

8

ARTICLE X

9

POWERS AND DUTIES OF ELECTED

10

BOROUGH OFFICIALS

11

(a)  Council

12

Section 1001.  Organization of Council; Quorum; Participation by

13

Telecommunication Device; Voting; Compensation;

14

Eligibility.

15

Section 1002.  Oath of Members of Council.

16

Section 1003.  When the Mayor May Preside Over Council and Vote;

17

Attendance of Mayor at Council Meetings; Breaking Tie

18

Votes.

19

Section 1004.  Failure of Council to Organize.

20

Section 1005.  Powers of Council.

21

Section 1006.  Duties of Council.

22

Section 1009.  Typewritten, Printed, Photocopied, Microfilmed

23

and Electronically or Digitally Stored Records Valid;

24

Recording or Transcribing Records.

25

Section 1014.  Hearings Before Council; Witnesses.

26

Section 1015.  Witness Fees and Mileage.

27

Section 1016.  Examination of Witnesses; Penalty.

28

(c)  Auditors

29

Section 1041.  Auditors to Meet Yearly, and Audit Accounts.

30

Section 1053.  Compensation of Auditors.

- 5 -

 


1

Section 1055.  Subpoenas; Oath; Perjury.

2

Section 1058.  Pay of Witnesses.

3

Section 1059.  Auditors to Settle Accounts Where Witnesses Do

4

Not Appear.

5

Section 1059.1.  Completion, Filing and Publication of Auditor's

6

Report and Financial Statement.

7

Section 1059.2.  Attorney to Auditors.

8

Section 1059.3.  Surcharge by Auditors.

9

Section 1059.4.  Appeals from Audit.

10

Section 1059.5.  Taxpayers Appealing to Enter Bond.

11

Section 1059.6.  Procedure on Appeals.

12

Section 1059.7.  Findings of Fact and Law; Judgment; Appeals.

13

Section 1059.8.  Attorney Fees.

14

Section 1059.9.  Balances Due to be Entered as Judgments.

15

Section 1059.10.  Penalty for Failure to Comply with Law.

16

Section 1059.11.  General Powers and Duties of Independent

17

Auditor.

18

(d)  Controller

19

Section 1061.  Oath and Bond of Controller.

20

Section 1062.  Salary of Controller.

21

Section 1063.  General Powers and Duties of Controller.

22

Section 1065.  Controller to Countersign Warrants.

23

Section 1066.  Controller to Prevent Appropriation Overdrafts.

24

Section 1067.  Amount of Contracts to be Charged Against

25

Appropriations.

26

Section 1068.  Controller's Recommendations on Borough Finances.

27

Section 1069.  Books to be Kept by Controller.

28

Section 1070.  Appeals from Controller's Report.

29

Section 1071.  Acceptance by Ordinance.

30

(f)  Tax Collector

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1

Section 1086.  Powers and Duties of Tax Collector.

2

ARTICLE X-A

3

MAYOR

4

Section 1001-A.  Eligibility of mayor.

5

Section 1002-A.  Incompatible offices.

6

Section 1003-A.  Oath of mayor.

7

Section 1004-A.  Salary of mayor.

8

Section 1005-A.  Salaried mayor not to receive certain fees.

9

Section 1006-A.  General powers of mayor.

10

Section 1007-A.  Duties of mayor.

11

Section 1008-A.  When president or vice-president of council to

12

act as mayor.

13

ARTICLE XI

14

POWERS, DUTIES AND RIGHTS OF APPOINTED 

15

OFFICERS AND EMPLOYES

16

(a)  General Provisions

17

Section 1101.  Compensation; Hours and Days of Work; Outside

18

Employment.

19

Section 1102.  Accounts.

20

Section 1103.  Bonds.

21

Section 1104.  Appointments; Incompatible Offices.

22

Section 1105.  Compensation to Aged Employes.

23

Section 1105.1.  Retirement Benefits of Employes Transferred to

24

Wastewater Authorities.

25

(b)  Treasurer

26

Section 1106.  Bond and Duties.

27

Section 1107.  Assistant Treasurer.

28

(c)  Secretary

29

Section 1111.  Duties.

30

Section 1112.  Assistant Secretary.

- 7 -

 


1

Section 1113.  Records Open to Inspection.

2

(d)  Solicitor

3

Section 1116.  Solicitor to Have Control of Legal Matters.

4

Section 1117.  Duties of Solicitor; Outside Counsel.

5

Section 1118.  Assistant Solicitor.

6

(e)  Police

7

Section 1121.  Council's Powers; Police.

8

Section 1122.  Police Serving Under Cooperative Agreement or

9

Contract.

10

Section 1123.  Police Badge.

11

Section 1123.1.  Mayor's Powers; Police.

12

Section 1124.  Suspension by Mayor.

13

Section 1125.  Compensation.

14

Section 1127.  School Crossing Guards.

15

(f)  Police Pension Fund in Boroughs Having a Police Force

16

of Less Than Three Members

17

Section 1131.  Police Pension Fund.

18

Section 1132.  Private Police Pension Funds; Optional Transfers.

19

(g)  Borough Manager

20

Section 1141.  Borough Manager May be Created by Ordinance;

21

Election.

22

Section 1142.  Powers and Duties; Bond.

23

Section 1143.   Other Offices Not Incompatible.

24

(j)  Civil Service for Police and

25

Fire Apparatus Operators

26

Section 1171.  Appointments of Police and Fire Apparatus

27

Operators.

28

Section 1172.  Civil Service Commission Created; Appointments;

29

Vacancies; Oath; Compensation.

30

Section 1173.  Offices Incompatible with Civil Service

- 8 -

 


1

Commissioner.

2

Section 1174.  Organization of Commission; Quorum.

3

Section 1175.  Clerks and Supplies, Etc.; Solicitor.

4

Section 1176.  Rules and Regulations.

5

Section 1177.  Minutes and Records.

6

Section 1178.  Investigations.

7

Section 1179.  Subpoenas.

8

Section 1180.  Annual Report.

9

Section 1181.  General Provisions Relating to Examinations.

10

Section 1182.  Application for Examination.

11

Section 1183.  Rejection of Applicant; Hearing.

12

Section 1184.  Eligibility List and Manner of Filling

13

Appointments.

14

Section 1185.  Age, Applicant's Residence.

15

Section 1186.  Probationary Period.

16

Section 1187.  Provisional Appointments.

17

Section 1188.  Promotions.

18

Section 1189.  Physical and Psychological Medical Examination.

19

Section 1190.  Removals.

20

Section 1191.  Hearings on Dismissals and Reductions.

21

Section 1192.  Employes Exempted.

22

Section 1193.  Discrimination on Account of Political or

23

Religious Affiliations.

24

Section 1194.  Penalty.

25

ARTICLE XII

26

CORPORATE POWERS

27

Section 1201.  General Powers.

28

Section 1201.1.  Real Property.

29

Section 1201.2.  Personal Property.

30

Section 1201.3.  Exceptions.

- 9 -

 


1

Section 1202.  Specific Powers.

2

Section 1203.  General Powers.

3

ARTICLE XIII

4

TAXATION AND FINANCE

5

Section 1301.  Fiscal Year.

6

Section 1302.  Tax Levy.

7

Section 1302.1.  Different and Separate Tax Levies.

8

Section 1303.  Special Levy to Pay Debts.

9

Section 1304.  Special Road Fund Tax.

10

Section 1305.  Date Tax Duplicate to Issue.

11

Section 1306.  Additions and Revisions to Duplicates.

12

Section 1307.  Preparation of Budget.

13

Section 1308.  Notice of Proposed Budget; Penalty.

14

Section 1309.  Revision and Completion of Budget.

15

Section 1310.  Adoption of Budget.

16

Section 1310.1.  Tax Ordinance.

17

Section 1311.  Amending Budget; Notice.

18

Section 1312.  Modification of Budget; Supplemental

19

Appropriations and Transfers.

20

Section 1313.  Payment from Borough Funds.

21

Section 1313.1.  Creation of Special Funds; Investments.

22

Section 1314.  Uniform Financial Report; Forms.

23

Section 1315.  Capital Improvements to Certain Public Service

24

Facilities.

25

Section 1316.  Investment of Funds.

26

ARTICLE XIV

27

CONTRACTS

28

Section 1401.  Power to Make Contracts.

29

Section 1402.  Regulation of Contracts.

30

Section 1403.  Evasion of Advertising Requirements.

- 10 -

 


1

Section 1404.  Personal Interest in Contracts or Purchases.

2

Section 1404.1.  Purchase Contracts for Petroleum Products; Fire

3

Company, Etc., Participation.

4

Section 1405.  Separate Bids for Plumbing, Heating, Ventilating

5

and Electrical Work.

6

Section 1406.  Bonds for the Protection of Labor and Materials.

7

Section 1410.  Acceptance by Contractor of Workers' Compensation

8

Act.

9

ARTICLE XV

10

EMINENT DOMAIN; ASSESSMENT OF DAMAGES;

11

DAMAGES FOR INJURY TO PROPERTY

12

(a)  General Provisions Relating to Eminent Domain

13

Section 1501.  Exercise of Eminent Domain.

14

Section 1502.  Restrictions as to Certain Property.

15

Section 1502.1.  Declaration of Intention.

16

Section 1503.  Application of 26 Pa.C.S.

17

(c)  Damages for Injury to Property

18

Section 1561.  Right to Damage Given in Certain Cases.

19

ARTICLE XVII

20

STREETS

21

(a)  General Provisions Relating to Streets

22

Section 1701.  Definitions.

23

Section 1704.  Streets Connecting With Street of Other

24

Municipality.

25

Section 1705.  Entry on Land to Maintain Marks and Monuments.

26

Section 1706.  Exclusive Nature of Provisions.

27

Section 1707.  Failure of Council to Hold Hearing.

28

Section 1708.  Street Lighting, Ornamental Lighting and Traffic

29

Control Signals and Devices.

30

(b)  Plan of Streets

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1

Section 1712.  Borough Street Plan.

2

(c)  Laying Out Streets

3

Section 1721.1.  Power to Lay Out, Open, Etc.

4

Section 1721.2.  Laying Out Streets; Procedure.

5

Section 1724.  Effect of Laying Out Street.

6

(d)  Opening; Acceptance and Vacation of Streets

7

Section 1731.  Authority to Open and Vacate Streets; Procedure.

8

Section 1732.  Petition for Opening or Vacating Street; Action

9

Thereon.

10

Section 1733.  Action for Damages and Benefits; Award.

11

Section 1734.  Acceptance and Dedication of Streets.

12

Section 1735.  Streets Not to Be Constructed, or Dedicated or

13

Opened to Travel Without the Approval of Council.

14

(f)  Straightening and Relocating Streets

15

Section 1751.  Authority to Straighten and Relocate Streets;

16

Procedure.

17

(g)  Improvement of Borough Streets

18

Section 1761.  Proceedings With or Without Petition.

19

(h)  Improvement of Streets Outside or Partly

20

Outside Borough Limits

21

Section 1771.  Improvement of Streets Outside or Partly Outside

22

Borough Limits.

23

(i)  Acquisition or Use of Abutting Lands

24

Section 1782.  Acquisition of Property for Unobstructed View.

25

ARTICLE XVIII

26

SIDEWALKS

27

Section 1801.  Power to Lay Out and Establish Sidewalks and to

28

Compel the Construction Thereof.

29

Section 1802.  Sidewalks on Land Abutting State Highways and

30

Along Roads Outside Borough.

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1

Section 1803.  Establishment of Grades.

2

Section 1804.  Boroughs May Pay All or Part of Cost of Grading

3

and Curbing.

4

Section 1805.  Borough May Do Work; Collection of Cost.

5

Section 1806.  Emergency Repairs to Sidewalks.

6

ARTICLE XIX

7

BRIDGES, VIADUCTS AND UNDERGROUND

8

PASSAGEWAYS

9

Section 1901.  Construction or Acquisition and Maintenance of

10

Bridges and Viaducts.

11

Section 1902.  Right to Appropriate Property; Assessment of

12

Damages.

13

Section 1903.  Boundary Bridges.

14

Section 1904.  Contracts With Railroads and Other Companies and

15

With Counties.

16

Section 1905.  Overhead and Underground Passageways.

17

ARTICLE XX

18

SANITARY SEWERS

19

(a)  Laying Out, Construction and Operation of Sanitary Sewers

20

and Construction of Sewage Treatment Works

21

Section 2001.  Power to Lay Out and Construct.

22

Section 2002.  Assessments.

23

Section 2009.  Extensions Beyond Borough Limits; Eminent Domain.

24

Section 2010.  Notice of Certain Ordinances.

25

Section 2012.  Unlawful to Build Within Right-of-Way of Sanitary

26

Sewers.

27

Section 2013.  Opening Sanitary Sewers.

28

(b)  Joint Sanitary Sewers

29

Section 2021.  Joint Sanitary Sewer Systems.

30

Section 2023.  Connections with Sanitary Sewers of Adjacent

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1

Municipalities.

2

Section 2024.  Applications to Court.

3

Section 2025.  Appointment of Viewers.

4

Section 2026.  Report of Viewers; Appeals to Court.

5

(d)  Acquisition of Community Collection or Disposal Systems

6

Section 2041.1.  Power to Acquire Community Collection or

7

Disposal Systems.

8

Section 2043.  Community Sewage Collection or Disposal Systems.

9

(e)  Connection and Use of Sanitary Sewers

10

Section 2051.  Ordinances to Require Sanitary Sewer Connections.

11

Section 2053.  Tapping Fees.

12

(f)  Monthly, Quarterly or Annual Rentals

13

Section 2061.  Ordinance for Monthly, Quarterly or Annual

14

Rental.

15

Section 2062.  How Rental Fixed.

16

Section 2063.  Collection of Rental.

17

ARTICLE XXI-A

18

ASSESSMENTS AND CHARGES FOR PUBLIC IMPROVEMENTS

19

Section 2101-A.  Authority to assess.

20

Section 2102-A.  Notice of assessments.

21

Section 2103-A.  Assessment based on front foot basis.

22

Section 2104-A.  Assessment of benefits conferred.

23

Section 2105-A.  Assessment awards.

24

Section 2106-A.  Petition for viewers.

25

Section 2107-A.  Payment of assessments in installments.

26

Section 2108-A.  Collection of assessments.

27

ARTICLE XXII

28

STORM SEWERS AND WATER COURSES

29

Section 2201.  Authority of Boroughs.

30

Section 2202.  Right of Entry Upon Lands.

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1

Section 2203.  Manner of Financing Work.

2

Section 2204.  Proceedings to Assess Damages.

3

Section 2205.  Unlawful to Build Within Right-of-Way of Storm

4

Sewers.

5

Section 2206.  Power to Acquire Storm Sewer Systems.

6

ARTICLE XXIV

7

WATER SYSTEM

8

(a)  General Powers to Supply Water

9

Section 2401.  Power to Supply Water and Make Regulations.

10

Section 2402.  Contracts Not to Abridge Powers.

11

Section 2403.  Issue of Bonds Where Water System Acquired.

12

Section 2404.  Refunding Bonds.

13

Section 2406.  Contracts to Supply Water for Municipal Purposes.

14

Section 2407.  Power to Supply Water Beyond Limits of Borough.

15

Section 2408.  Assessment for Water Mains.

16

Section 2409.  Sale of Water System.

17

(a.1)  Acquisition by Eminent Domain

18

Section 2411.  Appropriation of Lands and Waters.

19

Section 2412.  Agreements as to Damages; Bonds.

20

(a.2)  Acquisition by Purchase after Appraisement

21

Section 2421.  Petition to Court Expressing Desire to Acquire a

22

Water System.

23

Section 2422.  Appointment of Engineers as Appraisers to Make

24

Valuation.

25

Section 2423.  Powers of Appraisers.

26

Section 2424.  Appeal from Appraisement.

27

Section 2425.  Effect of Failure of Owner of Works to Accept

28

Price Fixed.

29

Section 2426.  Bond Issue and Limitations.

30

(a.3)  Power to Lease a Water System

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1

Section 2431.  Lease of a Water System.

2

Section 2432.  Term of Lease; Rental.

3

Section 2433.  Operation of Property.

4

(a.4)  Joint Water System

5

Section 2436.  Joint Acquisitions and Constructions.

6

Section 2437.  Permit of Department of Environmental Protection.

7

Section 2438.  Joint Commission of a Water System.

8

(a.5)  Condemnation of Lands for Road Purposes

9

and to Prevent Contamination

10

Section 2441.  Prevention of Contamination of Water Supply;

11

Acquisition of Lands to Reconstruct Roads.

12

Section 2442.  Filing Maps and Plans.

13

(a.6)  Commission of the Water System

14

Section 2451.  Commission May Be Established.

15

Section 2452.  Terms of Commissioners; Compensation.

16

Section 2453.  Organization of Commissioners.

17

Section 2454.  Powers of Commission.

18

Section 2455.  Issue of Bonds.

19

Section 2456.  Plans and Specifications for the Improvements;

20

Contracts.

21

Section 2457.  Reports by Commission.

22

Section 2458.  Care of Funds.

23

(a.7)  Water Connections

24

Section 2461.  Ordinances to Require Water Connections.

25

Section 2462.  Notice of Ordinance; Failure to Comply With

26

Ordinance.

27

Section 2463.  Water Main Tapping Fees.

28

ARTICLE XXIV-A

29

MANUFACTURE AND SUPPLY OF ELECTRICITY

30

Section 2401-A.  Definitions.

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1

Section 2402-A.  General powers.

2

Section 2403-A.  Specific powers.

3

Section 2404-A.  Municipal power agencies.

4

Section 2405-A.  Additional contracting authority for electric

5

power and energy.

6

ARTICLE XXV-A

7

AIRPORTS

8

Section 2501-A.  Authority to secure lands for airports.

9

Section 2502-A.  Authority to establish and lease airports.

10

Section 2503-A.  Joint airports.

11

ARTICLE XXVI

12

WHARVES AND DOCKS

13

Section 2601.  Power With Regard to Wharves and Docks.

14

Section 2603.  Proceedings.

15

Section 2604.  How Damages Assessed.

16

Section 2605.  Leases.

17

Section 2606.  Market-Houses and Terminal Sheds.

18

Section 2607.  Public Use Preserved.

19

Section 2608.  Saving Clause.

20

ARTICLE XXVII

21

RECREATION PLACES, SHADE TREES, FORESTS

22

(a)  Parks and Playgrounds, Et Cetera

23

Section 2701.  Power to Maintain, Improve and Acquire.

24

Section 2703.  Appropriations for Public Purposes.

25

Section 2708.  Creation of Recreation Board.

26

Section 2709.  Composition of Board.

27

Section 2710.  Organization of Board; Employes.

28

Section 2713.  Lease for School Athletics.

29

(b)  Shade Trees

30

(1)  Power of Boroughs as to Shade Trees

- 17 -

 


1

Section 2720.  Care, Custody and Control of Shade Trees.

2

Section 2720.1.  Maintenance by Borough; Tax Levy.

3

Section 2720.2.  Payment by Owners; Assessments.

4

Section 2720.3.  Notice of Work.

5

Section 2720.4.  Penalties.

6

(2)  Shade Tree Commission

7

Section 2721.  Shade Tree Commission.

8

Section 2722.  Composition of Commission.

9

Section 2724.1.  Duties of Commission.

10

(c)  Forests

11

Section 2751.  Acquisition of Land for Forest Purposes.

12

Section 2753.  Ordinance Declaring Intention.

13

Section 2754.  Appropriations of Money.

14

Section 2755.  Rules and Regulations.

15

Section 2756.  Appropriations and Revenues.

16

Section 2757.  Use of Forests.

17

Section 2758.  Ordinance of Sale.

18

Section 2759.  Pruning or Thinning Out; Sale of Products

19

Thereof.

20

ARTICLE XXVIII

21

CEMETERIES

22

Section 2800.  Appropriations for Burial Ground Maintenance.

23

Section 2800.1.  Burial of Deceased Persons.

24

Section 2801.  Management by Commission.

25

Section 2802.  Transfer from Borough to Company.

26

Section 2805.  Transfer from Company to Borough.

27

Section 2805.1.  Neglected or Abandoned Cemeteries.

28

Section 2808.  Removing Bodies to Alter Plots.

29

Section 2809.  Removal of Bodies to Other Cemeteries.

30

Section 2816.  Purchase of Plots for Burial of Deceased Service

- 18 -

 


1

Persons.

2

ARTICLE XXIX

3

LICENSES AND LICENSE FEES

4

Section 2901.  Licensing Transient Retail Business.

5

Section 2902.  Commonwealth Licenses Saved.

6

Section 2903.  Licensing Parking Lots and Parking Garages

7

Operated for Profit.

8

Section 2904.  Persons Taking Orders by Samples.

9

Section 2905.  Equality of Residents and Non-Residents.

10

Section 2906.  Insurance Business.

11

ARTICLE XXIX-A

12

VETERANS' AFFAIRS

13

(a)  Pennsylvania National Guard

14

Section 2901-A.  Eminent domain for National Guard purposes.

15

Section 2902-A.  Lands for armory purposes.

16

Section 2903-A.  Appropriation to assist in erection of

17

armories.

18

Section 2904-A.  Support of Pennsylvania National Guard units.

19

(b)  Support of Veterans' Organizations

20

Section 2911-A.  Appropriations to organizations of veterans and

21

American Gold Star Mothers.

22

Section 2912-A.  Payment of rent for veterans' organizations.

23

Section 2913-A.  Rooms for veterans' and children of veterans'

24

organizations.

25

Section 2914-A.  Care and erection of memorials.

26

ARTICLE XXXI

27

HEALTH AND SANITATION

28

Section 3101.  Establishment of Board of Health; Health

29

Officers.

30

Section 3102.  Members of Board of Health.

- 19 -

 


1

Section 3103.  Oaths of Members, Secretary and Health Officer;

2

Organization; Bonds.

3

Section 3104.  Duties of Secretary.

4

Section 3105.  Powers and Duties of Health Officer.

5

Section 3106.  Powers of Board of Health.

6

Section 3107.  Entry Upon Premises.

7

Section 3108.  Inspections; Abatement of Nuisances.

8

Section 3109.  Estimates of Expenditures; Report.

9

Section 3110.  Cooperation With Other Units.

10

Section 3111.  Powers of Department of Health to Administer

11

Health Laws; Expenses.

12

ARTICLE XXXII-A

13

UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE

14

CODE AND RESERVED POWERS

15

Section 3201-A.  Primacy of Uniform Construction Code.

16

Section 3202-A.  Changes in Uniform Construction Code.

17

Section 3203-A.  Public nuisance.

18

Section 3204-A.  Property maintenance code.

19

Section 3205-A.  Reserved powers.

20

ARTICLE XXXIII

21

ORDINANCES

22

(a)  General Provisions

23

Section 3301.1.  Ordinances; resolutions.

24

Section 3301.2.  Publication of proposed ordinances.

25

Section 3301.3.  Enactment, approval and veto of ordinances;

26

effective date.

27

Section 3301.4.  Recording, advertising and proof of ordinances.

28

Section 3301.5.  Codification of ordinances.

29

Section 3301.6.  Appeals from ordinances.

30

Section 3301.7.  Lost ordinance books to be replaced; recording

- 20 -

 


1

ordinances.

2

(b)  Enforcement

3

Section 3321.  Fines and penalties.

4

Section 3322.  Commitments Pending Hearings.

5

Section 3323.  Commitments After Hearing.

6

Section 3324.  Payment of Costs by Borough.

7

ARTICLE XXXV

8

ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

9

Section 3501.  Acts of Assembly Repealed; Saving Clause.

10

The General Assembly of the Commonwealth of Pennsylvania

11

hereby enacts as follows:

12

Section 1.  Article I heading and section 101 of the act of

13

February 1, 1966 (1965 P.L.1656, No.581), known as The Borough

14

Code, are reenacted to read:

15

ARTICLE I

16

PRELIMINARY PROVISIONS

17

Section 101.  Short Title.--This act shall be known and may

18

be cited as "The Borough Code."

19

Section 2.  Sections 102 and 103 of the act are amended to

20

read:

21

Section 102.  Excluded Provisions.--This act does not include

22

any provisions, and shall not be construed to repeal any acts,

23

relating to:

24

(1)  The assessment and valuation of property and persons for

25

the purpose of taxation and the collection of taxes, except as

26

provided herein.

27

(2)  The collection of municipal claims by liens.

28

(3)  The method of incurring or increasing indebtedness.

29

(4)  Conduct of elections.

30

(5)  Public schools.

- 21 -

 


1

(6)  [Borough] The powers and duties of borough and ward

2

constables.

3

(7)  [Justices of the peace] Magisterial district judges.

4

(8)  The giving of municipal consent to public [utility

5

corporations] utilities.

6

(9)  State highways.

7

(10)  Validations of elections, bonds, ordinances, and acts

8

of corporate officers.

9

(11)  Any of the provisions of [The Penal Code] 18 Pa.C.S.

10

(relating to crimes and offenses).

11

(12)  Any of the provisions of 75 Pa.C.S. (relating to

12

vehicles).

13

Section 103.  Construction of Act Generally.--(a)  The

14

provisions of this act, so far as they are the same as those of

15

existing laws, are intended as a continuation of [such] existing 

16

laws and not as new enactments. The repeal by this act of any

17

act of Assembly, or part thereof, shall not revive any act or

18

part thereof heretofore repealed or superseded, nor affect the

19

corporate existence of any borough heretofore incorporated. The

20

provisions of this act shall not affect any act done, liability

21

incurred, or right accrued or vested, or affect any suit or

22

prosecution pending or to be instituted to enforce any right or

23

penalty or punish any offense under the authority of [such] the

24

repealed laws. All ordinances, resolutions, regulations, and

25

rules made pursuant to any act of Assembly repealed by this act,

26

shall continue with the same force and effect as if [such] the 

27

act had not been repealed to the extent that [such] the 

28

ordinances, resolutions, regulations and rules could have been

29

made pursuant to this act. Any person holding office under any

30

act of Assembly repealed by this act shall continue to hold

- 22 -

 


1

[such] office until the expiration of the term thereof, subject

2

to the conditions attached to [such] the office prior to the

3

[passage] enactment of this act.

4

(b)  Borough council shall have the corporate powers and

5

duties and borough officials shall have the powers and duties

6

not only as set forth in this act but also as provided in other

7

laws to the extent that the powers and duties are not repealed

8

by this act.

9

Section 3.  Section 104 of the act is reenacted to read:

10

Section 104.  Constitutional Construction.--The provisions of

11

this act shall be severable and, if any of the provisions shall

12

be held to be unconstitutional, such decision shall not affect

13

the validity of any of the remaining provisions of this act. It

14

is hereby declared as a legislative intent that this act would

15

have been adopted had such unconstitutional provision not been

16

included therein.

17

Section 4.  Sections 105, 106 and 107 of the act are amended

18

to read:

19

Section 105.  Construction of References.--Whenever in this

20

act reference is made to any act by title[, such] or otherwise, 

21

reference shall also apply to and include any codification

22

wherein the provisions of the act referred to are substantially

23

reenacted.

24

Section 106.  Boroughs to Which Act Applies.--(a)  This act

25

shall apply to all boroughs, including:

26

(1)  all boroughs incorporated under general laws[, and to];

27

(2)  all boroughs incorporated under special law which have

28

accepted the provisions of the act of April 3, 1851 [(P.L.320)]

29

(P.L.320, No.218), entitled "An act regulating boroughs[," and

30

also to]";

- 23 -

 


1

(3)  all boroughs incorporated either prior to or since April

2

3, 1851, by special act of Assembly which by the act of

3

incorporation have been given the general powers of boroughs 

4

under the general law[, and also to];

5

(4)  all boroughs incorporated under or which have accepted

6

the provisions of[,] the act of May 14, 1915 [(P.L.312)]

7

(P.L.312, No.192), entitled "An act providing a system of

8

government for boroughs, and revising, amending, and

9

consolidating the law relating to boroughs[," and also to]"; and

10

(5)  all boroughs incorporated under or which have accepted

11

the provisions of, the act of May 4, 1927 [(P.L.519)] (P.L.519,

12

No.336), known as "The Borough Code."

13

(b)  This act shall not annul or repeal any local or special

14

act in force at the date of the [passage] enactment of this act,

15

or any provision thereof[, nor shall this act repeal any act so

16

far as any such act applies to, or may have heretofore applied

17

to, any boroughs incorporated under special acts of Assembly,

18

and to which boroughs, as limited by the provisions of this

19

section, this act does not apply].

20

The provisions of this act, in so far as similar provisions

21

of the [said] act of May 14, 1915 [(P.L.312)] (P.L.312, No.192),

22

and in so far as similar provisions of the [said] act of May 4,

23

1927 [(P.L.519)] (P.L.519, No.336), were extended to boroughs

24

acting under local laws, shall apply to [such] the boroughs

25

incorporated under local laws. If a provision in this act

26

conflicts with a special or local law applicable to a borough

27

that has not otherwise been surrendered, the two shall be

28

construed, if possible, so that effect may be given to both. If

29

the conflict between the two provisions is irreconcilable, the

30

provision in the local or special law shall prevail.

- 24 -

 


1

Section 107.  Acceptance of Act by Boroughs [and Incorporated

2

Towns.--Any].--(a)  A borough [or incorporated town,]

3

incorporated or acting under any local or special act of

4

Assembly, may surrender the provisions of its special and local

5

acts in their entirety, or so far as they are inconsistent with

6

this act, and be governed by the provisions of this act, by

7

presenting a petition to the court of [quarter sessions] common

8

pleas of the county setting forth the desire of [such] the 

9

borough [or incorporated town] to accept the provisions of this

10

act. The petition shall also set forth whether it is the desire

11

of the petitioners to surrender all of the provisions of its

12

special and local acts or to retain [such] the provisions of its

13

special and local acts as are not inconsistent with this act.

14

[Such] If the petition sets forth a desire to retain provisions

15

of local or special acts, it shall set forth the provisions of

16

the local or special acts to be retained. The petition shall be

17

made by the council or by at least ten percent of the registered

18

electors of the borough [or incorporated town] as of the date

19

the petition is filed.

20

(b)  Upon the presentation of the petition, the court shall

21

fix a day for hearing, of which [such] notice shall be given as

22

may be directed by the court. At [such] the hearing, any

23

inhabitant of the borough [or incorporated town] may remonstrate

24

against the granting of the petition, and the court may grant or

25

refuse the petition as to it appears just and proper.

26

If the court [grant] grants the petition, the decree of the

27

court shall be recorded in the office for the recording of

28

deeds, and thereafter the borough [or incorporated town] shall

29

be subject to all the provisions of this act, and any [such

30

incorporated town shall become a borough and the local and

- 25 -

 


1

special acts of Assembly in force in any such boroughs or

2

incorporated town shall be annulled in their entirety, or so far

3

as they are inconsistent with the provisions of this act, as may

4

be set forth in the petition in the particular case. When any

5

incorporated town accepts the provisions of this act, the decree

6

of the court permitting such acceptance shall set forth the

7

title of the new borough.] local or special acts of Assembly

8

retained as set forth in the petition. From the date of the

9

decree, any local or special act of Assembly applicable to the

10

borough shall be of no force and effect to the extent it is

11

inconsistent with this act or has been surrendered.

12

(c)  When [any] a borough [or incorporated town] shall accept

13

the provisions of this act, as provided by this section, all

14

liabilities incurred, rights accrued or vested, obligations

15

issued or contracted, and all suits and prosecutions pending or

16

to be instituted to enforce any right or penalty accrued or

17

punish any offense committed prior to [such] the acceptance, and

18

all ordinances shall continue with the same force and effect as

19

if no [such] acceptance had been made.

20

Section 5.  The act is amended by adding a section to read:

21

Section 107.1.  Acceptance of Act by Incorporated Towns.--(a)

22

An incorporated town incorporated or acting under a local or

23

special act of Assembly may, by ordinance, elect to be governed

24

by provisions of this act, and shall surrender any provisions of

25

its special and local acts, in whole or in part, that are

26

inconsistent with the provisions of this act adopted by the

27

incorporated town. The ordinance shall set forth, at length or

28

by reference, the provisions of this act to be adopted and, to

29

the extent applicable, those provisions of its special and local

30

acts to be surrendered. As of the effective date of the

- 26 -

 


1

ordinance and until such time as the ordinance may be repealed

2

or amended, the provisions of this act as set forth in the

3

ordinance shall be the law applicable to the incorporated town

4

and the provisions of any local or special acts of Assembly, to

5

the extent surrendered as set forth in the ordinance, shall be

6

of no force and effect to the extent they would otherwise apply

7

to the incorporated town.

8

(b)  An incorporated town incorporated or acting under any

9

local or special act of Assembly may elect to accept the

10

provisions of this act in their entirety and surrender all local

11

and special acts by petition as set forth in section 107. When

12

an incorporated town accepts the provisions of this act in their

13

entirety and surrenders all local and special acts, the

14

incorporated town shall become a borough and the decree of the

15

court permitting the acceptance shall set forth the name of the

16

new borough.

17

(c)  When an incorporated town shall accept the provisions of

18

this act, as provided by this section, all liabilities incurred,

19

rights accrued or vested, obligations issued or contracted, and

20

all suits and prosecutions pending or to be instituted to

21

enforce any right or penalty accrued or punish any offense

22

committed prior to acceptance, and all ordinances shall continue

23

with the same force and effect as if no acceptance had been

24

made. An incorporated town shall not have the power to alter or

25

amend any provision of this act that has been adopted in

26

accordance with this section or section 107.

27

Section 6.  Section 108 of the act is reenacted to read:

28

Section 108.  Effective Date.--This act shall take effect

29

January 1, 1966.

30

Section 7.  Section 109 of the act is amended to read:

- 27 -

 


1

Section 109.  Publication of Notices.--(a)  Wherever, in any

2

of the provisions of this act, notice is required to be given in

3

one newspaper [of general circulation in the borough, such], the 

4

notice shall be published in a newspaper [of general circulation

5

as defined by the act of May 16, 1929 (P.L.1784), known as the

6

"Newspaper Advertising Act," and its amendments,] which is

7

published and circulated in the borough or boroughs affected, or

8

[such] a newspaper [of general circulation,] circulated in the

9

borough or boroughs affected, which has bona fide paid

10

circulation equal to or greater than any newspaper published in

11

the borough or boroughs affected by the notice. [Such notice]

12

(b)  Unless dispensed with by special order of court, notice

13

required to be published in a newspaper shall also be published

14

in the legal [journal, if any, designated by the rules of court

15

for the publication of legal notices and advertisements,]

16

newspaper for the county of the borough affected, if a legal

17

newspaper exists, when [such] the notice refers to any

18

proceeding in any court or the holding of elections for the

19

increase of indebtedness or the sale of bonds[, unless such

20

publication is dispensed with by special order of the court].

21

(c)  Nothing in this act may preclude the publication of

22

notices by means other than in a newspaper to the extent

23

authorized by law.

24

Section 8.  Section 110 of the act is reenacted to read:

25

Section 110.  Terms of Existing Officers Saved.--This act

26

shall not be construed as affecting or terminating the term of

27

any officer of a borough holding office at the time the same

28

becomes effective.

29

Section 9.  Section 111 of the act is amended to read:

30

Section 111.  Definitions.--As used in this act, unless the

- 28 -

 


1

context clearly indicates otherwise, the following words and

2

terms shall be construed as follows:

3

(1)  "Abutting property," or "abutting real estate" in

4

reference to any street shall mean any property physically

5

adjoining [such] the street, regardless of what the reversion

6

rights in [such] the street may be and regardless of where the

7

lot lines may be in relation to [such] the street.

8

[(2)  "Corporate authorities" means the borough council even

9

though the action taken is by ordinance which is subject to the

10

approval or veto of the mayor.]

11

[(3)] (2)  "Department of [Highways] Transportation" means

12

the Pennsylvania Department of [Highways] Transportation.

13

[(4)] (3)  "Highway" means a State highway of the

14

Commonwealth of Pennsylvania.

15

[(5)] (4)  "Latest official census" shall be either the most

16

recent decennial census of the United States or a later census

17

conducted by the United States Bureau of the Census, whichever

18

shall be the later.

19

(5)  "Municipal corporation" means a city, borough,

20

incorporated town, township of the first or second class or any

21

home rule municipality other than a county.

22

(6)  "Municipality" means a municipal corporation or a

23

county.

24

(7)  "Newspaper" means a newspaper of general circulation as

25

defined in 45 Pa.C.S. § 101 (relating to definitions) and

26

circulated in the borough.

27

(8)  "Pennsylvania Municipalities Planning Code" means the

28

act of July 31, 1968 (P.L.805, No.247), known as the

29

"Pennsylvania Municipalities Planning Code."

30

[(6)] (9)  "Street" means and includes any street, road,

- 29 -

 


1

lane, court, cul-de-sac, alley, public way and public square.

2

Section 10.  Article II heading of the act is amended to

3

read:

4

ARTICLE II

5

CREATION AND ALTERATION OF BOROUGHS

6

Section 10.1.  Article II subdivision (a) heading of the act

7

is reenacted to read:

8

(a)  Incorporation of Boroughs

9

Section 11.  Section 201 of the act, amended December 18,

10

1992 (P.L.1650, No.181), is amended to read:

11

Section 201.  Areas May be Incorporated.--The courts of

12

common pleas may incorporate as a borough any contiguous area

13

from one or more townships within their jurisdiction[, not

14

already incorporated or a part of an incorporated municipality

15

and] having a population of at least 500 residents[, as a

16

borough, which, after]. After having been [so] incorporated[,] 

17

as a borough, the area shall be a body corporate and politic

18

[by] and shall have the name [which shall be] decreed by the

19

court. "Township" as used in this subdivision shall mean a

20

township of the second class.

21

Section 12.  Section 202 of the act, amended July 10, 1981

22

(P.L.247, No.80) and December 18, 1992 (P.L.1650, No.181), is

23

amended to read:

24

Section 202.  Applications for Incorporation.--(a)  The

25

application for incorporation shall be by a petition signed by a

26

majority of the freeholders residing within the limits of the

27

proposed borough and by the freeholders of a majority of the

28

territory within the limits of the proposed borough, when all

29

parts of the proposed borough are in the same township[, and,

30

where]. Where portions of the proposed borough are in different

- 30 -

 


1

townships, the petition shall be signed by a majority of the

2

freeholders residing in each of [such] the separate portions and

3

by the freeholders of a majority of the territory in each of

4

[such] the separate portions. The signatures must be secured

5

within three months immediately preceding the presentation

6

thereof to the court. [Such] The petition shall be subscribed by

7

and sworn to by at least one of the signers. The number of

8

signers required to sign the petition shall be ascertained as of

9

the date the petition was presented to court.

10

[(b)  The court shall establish a Borough Advisory Committee

11

which shall consist of two residents of the proposed borough,

12

two residents of the existing governmental unit or units

13

recommended by the respective governing body of the unit or

14

units and not residing within the proposed borough and one

15

resident of the county not residing in either area who shall

16

serve as the chairman of the committee. Such a committee shall

17

be established when a petition is received by the court for the

18

creation of a borough. Pursuant to this act, the members of such

19

committee shall be appointed by and shall serve at the pleasure

20

of the court. The members shall serve without salary, but the

21

court may entitle each such member to reimbursement for his

22

actual and necessary expenses incurred in the performance of his

23

official duties. The director of the County Planning Commission

24

shall serve as advisor to the committee.

25

(c)  Such committee shall, within sixty days of its creation,

26

advise the court in relation to the establishment of the

27

proposed borough. In particular, the committee shall render

28

expert advice and findings of fact relating to the desirability

29

of such an incorporation, including, but not limited to, advice

30

as to:

- 31 -

 


1

(1)  the proposed borough's ability to obtain or provide

2

adequate and reasonable community support services such as

3

police protection, fire protection and other appropriate

4

community facility services;

5

(2)  the existing and potential commercial, residential and

6

industrial development of the proposed borough; and

7

(3)  the financial or tax effect on the proposed borough and

8

existing governmental unit or units.

9

(d)  After receiving the findings-of-fact and the advice of

10

the committee, the court shall set a date for a hearing on the

11

proposed incorporation and shall hear the parties interested and

12

their witnesses. The court shall certify the question of the

13

proposed incorporation to the board of election of the county

14

for a referendum vote of the residents of the proposed borough

15

only if it finds that the conditions prescribed by this section

16

have been complied with and that the desirability of the

17

proposed incorporation is supported by a preponderance of the

18

evidence submitted at the hearing and by the committee. Upon

19

receipt of the certified election results, the court shall enter

20

a final decree granting or denying the prayer of the

21

petitioners.] For purposes of this subsection, the residence of

22

freeholders shall be established by evidence of domicile in a

23

permanent structure.

24

(e)  Upon presentation to the court, the petition shall be

25

filed with the clerk of court, and notice of the petition shall

26

be published in one newspaper and in the legal newspaper, as

27

defined in 45 Pa.C.S. § 101 (relating to definitions), if any,

28

once a week for four consecutive weeks immediately following the

29

filing of the petition, during which time exceptions may be

30

filed to the petition by any person interested. The notice shall

- 32 -

 


1

state when and where the petition was filed and the time during

2

which exceptions may be filed to the petition.

3

(f)  The petition shall set forth the name of the proposed

4

borough, with a particular description of the boundaries of the

5

borough, and be accompanied with a plot of the proposed borough.

6

If the boundaries of the proposed borough are not the same as an

7

existing township or townships, the description shall include

8

the courses and distances of the boundaries. If the boundaries

9

of the proposed borough are the same as an existing township or

10

townships, the description need not contain the courses and

11

distances of the boundaries but shall refer to the name and

12

location of the existing township or townships.

13

Section 13.  The act is amended by adding sections to read:

14

Section 202.1.  Borough Advisory Committee.--(a)  The court

15

shall establish a Borough Advisory Committee when a petition is

16

received by the court for the creation of a borough. The

17

committee members shall be appointed by and shall serve at the

18

pleasure of the court, and shall consist of two residents of the

19

proposed borough, two residents from each of the existing

20

townships recommended by the respective governing body of the

21

township or townships and not residing within the proposed

22

borough and one resident of the county not residing in either

23

area who shall serve as the chair of the committee. The members

24

shall serve without salary, but the court may entitle each

25

member to reimbursement for the member's actual and necessary

26

expenses incurred in the performance of the member's official

27

duties. The members may consult with the director of the County

28

Planning Commission who may advise the committee.

29

(b)  The committee shall, within sixty days of its creation,

30

advise the court in relation to the establishment of the

- 33 -

 


1

proposed borough. In particular, the committee shall render

2

expert advice and findings of fact relating to the desirability

3

of an incorporation, including, but not limited to, advice as

4

to:

5

(1)  the proposed borough's ability to obtain or provide

6

adequate and reasonable community support services such as

7

police protection, fire protection and other appropriate

8

community facility services;

9

(2)  whether the proposed borough constitutes a harmonious

10

whole with common interests and needs that can best be served by

11

a borough government;

12

(3)  the existing and potential commercial, residential and

13

industrial development of the proposed borough;

14

(4)  whether the proposed borough would provide for land use

15

regulations to meet the legitimate needs for all categories of

16

residents or whether the plan is exclusionary or would result in

17

economic segregation; and

18

(5)  the financial or tax effect on the proposed borough and

19

existing township or townships.

20

Section 202.2.  Advisability of Incorporation; Certification

21

of Question for Referendum; Decree.--(a)  After receiving the

22

findings-of-fact and the advice of the committee, the court

23

shall set a date for a hearing on the proposed incorporation and

24

shall hear the parties interested, which shall include, but not

25

be limited to, the holders of any ownership interest in real

26

property within the limits of the proposed borough, and their

27

witnesses. If, after the hearing, the court deems further

28

investigation necessary to determine the advisability of

29

incorporation, it may make an order as is needed to obtain the

30

additional information. When the court has obtained all

- 34 -

 


1

reasonably necessary information, and has determined that the

2

conditions prescribed by this section have been complied with,

3

the court shall determine the desirability of the proposed

4

incorporation based upon the evidence submitted at the hearing

5

and by the committee, any additional information obtained after

6

the hearing, and any other applicable factors the court deems

7

relevant.

8

(b)  If the court determines that the desirability of the

9

proposed incorporation is not supported by a preponderance of

10

the evidence, the court shall enter a final decree denying the

11

request of the petitioners and no other proceedings shall be

12

had. If the court determines that the desirability of the

13

proposed incorporation is supported by a preponderance of the

14

evidence, the court shall certify the question of the proposed

15

incorporation to the board of election of the county for a

16

referendum vote of the residents of the proposed borough. Upon

17

receipt of the certified election results, the court shall enter

18

a final decree granting or denying the request of the

19

petitioners.

20

(c)  The petition and the final decree either granting or

21

denying the petition shall be recorded in the recorder of deed's

22

office of the county at the expense of the petitioners, who

23

shall also pay all other expenses and costs in connection with

24

the proceedings.

25

Section 14.  Section 203 of the act, amended November 30,

26

1967 (P.L.657, No.304), is repealed:

27

[Section 203.  Contents of Petition.--The petition shall set

28

forth the name of the proposed borough, with a particular

29

description of the boundaries thereof, and be accompanied with a

30

plot of the same. If the boundaries of the proposed borough are

- 35 -

 


1

not the same as an existing political subdivision, the

2

description shall include the courses and distances of the

3

boundaries. If the boundaries of the proposed borough are the

4

same as an existing political subdivision, the description need

5

not contain the courses and distances of the boundaries but

6

shall refer to the name and location of the existing political

7

subdivision.]

8

Section 15.  Section 204 of the act is repealed:

9

[Section 204.  Filing of Petition; Notice; Decree; Costs.--

10

Upon presentation to the court, the petition shall be filed with

11

the clerk, and notice thereof shall be given in one newspaper of

12

general circulation in the county and in the legal journal, if

13

any, for a period of not less than thirty days immediately

14

following the filing thereof, during which time exceptions may

15

be filed to the petition by any person interested. The notice

16

shall be published once a week for four consecutive weeks. The

17

notice shall state when and where the petition was filed and the

18

time during which exceptions may be filed to the petition. The

19

court, if it shall find, after hearing, that the conditions

20

prescribed by this article have been complied with, may grant

21

the prayer of the petitioners and make a decree accordingly,

22

but, if the court shall deem further investigation necessary, it

23

may make such order thereon as to right and justice shall

24

appertain. The petition and the decree shall be recorded in the

25

recorder's office of the county, at the expense of the

26

petitioners, who shall also pay all other expenses and costs in

27

connection therewith.]

28

Section 16.  Sections 205 and 206 of the act are amended to

29

read:

30

Section 205.  When Borough Government Becomes Effective;

- 36 -

 


1

Requisites of Charter.--[When the petition and decree have been

2

recorded, such] (a)  When both the petition and the final decree

3

granting the petition have been recorded, the area shall become

4

an incorporated borough, and shall be entitled to the several

5

rights, privileges and immunities conferred by this act,

6

subject, however, to the provisions of section 211 [of this

7

act].

8

(b)  The final decree of the court granting the petition

9

shall constitute the charter of the borough. All charters

10

granted under this act shall set forth:

11

(1)  The corporate name of the borough.

12

(2)  The boundaries of the borough.

13

Section 206.  Exclusion of Farm [and Unsettled] Lands.--When,

14

in any petition for the incorporation of a borough, the

15

boundaries fixed by the petitioners shall embrace lands

16

exclusively used for the purposes of farming [or other large and

17

unsettled lands], the court may, if it deems such land does not

18

properly belong to the proposed borough, at the request of any

19

party aggrieved, change the boundaries so as to exclude

20

therefrom the land used for farming [or such other purposes].

21

Section 17.  Section 207 of the act is reenacted to read:

22

Section 207.  Corporate Name.--The corporate name of

23

boroughs, incorporated under this act, shall be "The Borough

24

of...................."

25

Section 18.  Section 208 of the act is repealed:

26

[Section 208.  Requisites of Charter.--The decree of the

27

court shall constitute the charter of the borough. All charters

28

granted under this act shall set forth:

29

(1)  The corporate name of the borough.

30

(2)  The boundaries thereof.]

- 37 -

 


1

Section 19.  Section 210 of the act, amended October 9, 1967

2

(P.L.399, No.181), is amended to read:

3

Section 210.  Certificates of Clerk of Court; Fees;

4

Penalty.--When a borough is created, the [clerk of the court of

5

quarter sessions] recorder of deeds in each county affected

6

shall within thirty days [shall] certify to the [Department of

7

Highways and to the Department of Community Affairs] Department

8

of State, the Department of Transportation, the Department of

9

Community and Economic Development and the county planning

10

commission a copy of the decree of court incorporating [such]

11

the borough. For [such] the services the clerk shall be allowed

12

a fee of three dollars and fifty cents ($3.50) to be paid as

13

part of the costs of the proceeding.

14

Any clerk of the court, who shall fail, neglect or refuse to

15

furnish [such] the certifications or either of them, as herein

16

provided, shall upon conviction in a summary proceeding be

17

sentenced to pay a fine of not more than fifty dollars ($50).

18

Section 20.  Sections 211 and 212 of the act are amended to

19

read:

20

Section 211.  Existing Government Preserved Temporarily;

21

Organization of Borough; Election of Borough Officers.--(a)  The

22

[said] newly incorporated area shall continue to be governed as

23

before [said] the incorporation until the first Monday of

24

January following the municipal election after the issuance of

25

the final decree establishing [such] the new borough, at which

26

time the officers of [said] the borough [chosen] who are

27

elected, in accordance with section 805 [of this act], at [such]

28

the municipal or special election shall enter upon their

29

respective terms of office, and the borough government shall be

30

duly organized under this act.

- 38 -

 


1

(b)  Borough officers shall be [chosen] elected at the next

2

municipal election occurring at least ninety days following the

3

issuance of the decree establishing the borough, or at the

4

request of the petitioners, at a special election called by the

5

court of [quarter sessions] common pleas.

6

(c)  [The] If a special election is to be held, the court

7

shall fix the time, place and manner of holding the special

8

election, and shall designate a person to give notice of [such]

9

the special election and the manner thereof, and appoint from

10

among the electors of the newly established borough a judge and

11

inspectors to hold the election.

12

(d)  Municipal officers [chosen] elected at [such] the 

13

special election shall serve until the first Monday in January

14

following the next succeeding municipal election at which time

15

their successors shall be elected in the manner provided in

16

section 805 [of this act] and shall take office.

17

Section 212.  Marking Borough Boundaries.--The boundaries of

18

the borough shall, as soon as practicable after its

19

incorporation, be appropriately marked, due notice being first

20

given, as directed by the court, to the [commissioners and

21

supervisors of adjoining townships and to the corporate

22

authorities of adjoining municipalities] governing bodies of

23

adjoining municipal corporations.

24

Section 21.  Section 213 of the act, amended October 9, 1967

25

(P.L.399, No.181), is amended to read:

26

Section 213.  Agreement to Adjust Indebtedness Where Borough

27

Created.--[Whenever a borough is created out of a township, the

28

commissioners or supervisors of the township and the council of

29

the borough](a)  After the election of borough council under

30

section 211 when a borough is newly incorporated, the borough

- 39 -

 


1

council and the governing body of the township or townships from

2

which the borough was created shall make a just and proper

3

adjustment and apportionment of all the public real and personal 

4

property owned by the township or townships at the time of the

5

incorporation of the borough[, both real and personal,

6

including]. The property to be adjusted and apportioned between

7

the borough and the township or townships shall include funds,

8

as well as indebtedness [between the borough and township:

9

Provided, That] provided that in adjusting property and

10

indebtedness, streets, sewers, and utilities shall not be

11

considered except to the extent that current and unpaid

12

indebtedness was incurred for the construction and improvement

13

thereof.

14

(b)  In making [such] the adjustment and apportionment under

15

subsection (a), the [taxable] borough shall be entitled to a

16

division of the property and indebtedness in the same proportion

17

that the assessed valuation of the taxable real estate included

18

within the territorial limits of the newly incorporated borough,

19

bears to the assessed valuation of the taxable real estate in

20

the entire township or townships immediately prior to the

21

incorporation of [such] the borough, and the township or

22

townships shall be entitled to the remainder of [such] the 

23

property and indebtedness[: Provided, That where]. Where 

24

indebtedness was incurred by the township or townships for an

25

improvement located wholly within the territorial limits of the

26

newly incorporated borough, [such] the indebtedness shall be

27

assumed by the borough[, and where any]. Where only part of

28

[such] the improvement is located within the newly incorporated

29

borough, the part of [such] the indebtedness, representing the

30

part of the improvement located within the borough, shall be

- 40 -

 


1

assumed by the borough and the adjustment and apportionment of

2

any remaining debt [and the public property of the township

3

shall be made as above provided] shall be retained by the

4

township or townships.

5

(c)  The adjustment and apportionment [as] made pursuant to

6

this section shall be reduced to writing, and shall be duly

7

executed and acknowledged by the secretary or clerk of the

8

township or townships and by the secretary of the borough, and

9

shall be filed in the office of the clerk of the court of

10

[quarter sessions] common pleas of the county, and a copy

11

[thereof] shall also be filed with the Department of Community

12

[Affairs of the Commonwealth] and Economic Development.

13

Section 22.  Sections 214 and 215 of the act are amended to

14

read:

15

Section 214.  Judicial Adjustment on Failure of Agreement.--

16

[In case the township] If the governing bodies of the township

17

or townships and the borough [authorities] cannot make an

18

amicable adjustment and apportionment of the property and

19

indebtedness within six months after the government of the newly

20

incorporated borough is established, then the [commissioners or]

21

supervisors of the township or townships or the council of the

22

borough may present a petition to the court of [quarter

23

sessions] common pleas. The court shall then appoint three

24

disinterested commissioners, all residents and taxpayers of the

25

county, but [none residing in or owners of] who do not reside in

26

or own real estate in the township or townships or borough, who,

27

after hearing, notice of which shall be given to the township or

28

townships and borough as the court shall direct, shall make

29

report to the court making an adjustment and apportionment of

30

all the property as well as the indebtedness between the

- 41 -

 


1

township or townships and the borough. The report shall state

2

the amount that shall be due and payable from either the borough

3

[to] or the township[, or from the township to the borough] or

4

townships, to the other and vice versa, and the amount of

5

indebtedness that shall be assumed by [the borough or the

6

township or both of them] any or all of them.

7

Section 215.  Proceeding on Judicial Adjustment Award.--The

8

[commissioner] commissioners shall give the township or

9

townships and the borough at least five days' notice of the

10

filing of their report. Unless exceptions are filed to [such]

11

the report within thirty days after the date of the filing, the

12

report shall be confirmed by the court absolutely. Any sum

13

awarded by [said] the report to the township or townships or

14

borough shall be a legal and valid claim in its favor against

15

the borough or township or townships charged [therewith] with

16

the sum. Any [property] real or personal property given to the

17

township or townships or borough shall become its respective 

18

property. Any claim or indebtedness charged against the borough

19

or township or townships may be collected from it.

20

Section 23.  Section 216 of the act, repealed in part June 3,

21

1971 (P.L.118, No.6), is reenacted to read:

22

Section 216.  Exceptions to Report.--In case exceptions are

23

filed to the report of the commissioners, the court shall

24

dispose of the same, taking testimony therein if it deems the

25

same advisable. The court shall enter its decree confirming the

26

award of the commissioners, or modifying the same as to it

27

appears just and proper.

28

Section 24.  Sections 217, 218 and 219 of the act are amended

29

to read:

30

Section 217.  Compensation and Expenses of Commissioners;

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1

Costs.--The commissioners shall be allowed [such] compensation

2

and expenses for their services as the court shall fix. The

3

costs of the proceedings, including the compensation and

4

expenses of the commissioners, shall be apportioned by the court

5

between the borough and township or townships as it deems

6

proper.

7

Section 218.  Where Territory of Borough [or Annexed

8

Territory] is Located in Two or More Counties.--In case the

9

territory, included within the limits of a newly incorporated

10

borough is located in two or more counties, the court of

11

[quarter sessions] common pleas of the county where the larger

12

part of the territory of the borough is located shall have

13

exclusive jurisdiction over the proceedings to adjust and

14

apportion the indebtedness between the borough and township or

15

townships.

16

Section 219.  Bond Issues; Taxation.--In any [such]

17

proceeding to adjust and apportion indebtedness, the township or

18

townships or the borough shall have power to issue and deliver

19

to the borough or township or townships interest-bearing bonds

20

in liquidation of the indebtedness ascertained, to be its

21

proportionate share payable, if [such] the bonds are acceptable

22

to the borough or township or townships entitled to receive the

23

[same] bonds. The court may also make all [needful] necessary 

24

orders for the collection and payment by the township or

25

townships or borough of the amount needed to pay its share of

26

any indebtedness apportioned to it by special taxes to be

27

collected in one year, or by annual installments[, the amount

28

needed to pay the share of any indebtedness apportioned to it].

29

Section 25.  Article II subdivision (b) heading of the act is

30

repealed:

- 43 -

 


1

(b)  Consolidation of Boroughs

2

Section 25.1.  Article II subdivision (c) heading of the act

3

is reenacted to read:

4

(c)  Creation of Boroughs from Cities of the Third Class

5

Section 26.  Sections 231, 232 and 233 of the act are amended

6

to read:

7

Section 231.  Petition for Creation of Borough from a City of

8

the Third Class.--The court of [quarter sessions] common pleas 

9

shall, upon petition of at least ten percent of the registered

10

electors of any city of the third class, setting forth that the

11

inhabitants of the city desire to change the charter of [such]

12

the city to a borough charter and be governed by the laws of the

13

Commonwealth relating to boroughs and that [such] the city has

14

had the city form of government for a period of at least five

15

years, order an election to be held [on] at the next [day

16

appointed for the holding of a] general, municipal or primary

17

election, occurring at least ninety days after the presentation

18

of [such] the petition. At [such] the election the electors

19

shall vote for or against the change of the charter of the city

20

to a borough charter, and the adoption of the borough form of

21

government. The petition shall set forth the name of the

22

proposed borough. The number of registered electors required to

23

sign the petition shall be determined as of the date the

24

petition is filed.

25

Section 232.  Filing Petition; Notice of Election; Return.--

26

Upon the presentation of [any such] a petition pursuant to

27

section 231, the court shall determine whether the petition is

28

in due form and properly signed, and if the court so finds, it

29

shall enter an appropriate order and direct that the petition

30

shall be filed with the clerk of the court and that a copy of

- 44 -

 


1

the petition and order of court shall be filed with the county

2

board of elections. The county board of elections shall frame

3

the proper question to be submitted to the electors at the

4

election ordered by the court. Notice of [such] the time and

5

purpose of the election shall be given in at least one newspaper

6

[of general circulation] of the proper county once a week for

7

four consecutive weeks [of the time of such election and the

8

purpose thereof]. The publication of the notice shall be made on

9

behalf of the petitioners and shall be in the form [as the court

10

may approve] approved by the court.

11

The county board of elections shall make return of the vote

12

cast on the question submitted to the clerk of the court of

13

[quarter sessions] common pleas, which return shall be filed

14

with the petition. If a majority of those voting on the question

15

submitted were in favor of the change of the charter of the city

16

to a borough charter, the court shall order that the record of

17

the proceedings be recorded in the office for the recording of

18

deeds of the county, which record shall constitute the charter

19

of the borough under the name set forth in the petition. The

20

recorder of deeds in each county affected shall certify to the

21

Department of State, the Department of Transportation, the

22

Department of Community and Economic Development and the county

23

planning commission a copy of the record constituting the

24

charter of the borough. If a majority of those voting on the

25

question were against the change of the city charter no further

26

proceedings shall be had, and the same question shall not again

27

be submitted for a period of five years following [such] the 

28

election.

29

Section 233.  When Borough Government Effective.--Upon the

30

recording of the record of the proceedings as [above] provided

- 45 -

 


1

in section 232, the city form of government shall continue in

2

operation until the first Monday of January next succeeding the

3

first municipal election, occurring at least ninety days after

4

the recording of the record, at which time the borough

5

government shall be organized by the officers elected at [said]

6

the municipal election in accordance with section 805 [of this

7

act].

8

Section 27.  Section 234 of the act, amended June 25, 2001

9

(P.L.651, No.56), is amended to read:

10

Section 234.  Property; Assets; Liabilities; Ordinances;

11

Wards; Election Districts and Certain Officers.--Upon the

12

formation of the borough government, all of the property and

13

assets of the city shall become the property of the borough, and

14

[such] the change of government shall not in any way affect any

15

liabilities incurred, rights accrued or vested, obligations[,]

16

issued or contracted, or any suits or prosecutions pending or

17

instituted to enforce any right or penalty accrued, or punish

18

any offense committed prior to [such] the change. All ordinances

19

of the former city shall continue in force in the new borough

20

until altered or repealed in the manner provided by law. The

21

wards and election districts of the city shall become the wards

22

and election districts of the borough until altered or changed

23

as may be provided by law. [And in] In the election of members

24

of council from the several wards, two members of council shall

25

be elected from each ward, unless thereafter changed as provided

26

by law. All constables[, aldermen] and election officers in

27

office in the city, when the borough government is organized,

28

shall remain in office until the expiration of their respective

29

terms of office.

30

Section 28.  Section 235 of the act is reenacted to read:

- 46 -

 


1

Section 235.  Costs and Expenses.--Where proceedings are had

2

to change the charter of a city to a borough, and the vote of

3

electors is in favor of the change, the costs and expenses of

4

the proceeding, including all costs of advertising, shall be

5

paid by the city, otherwise such costs and expenses shall be

6

paid by the petitioners.

7

Section 29.  Article II of the act is amended by adding a

8

subdivision to read:

9

(d)  Consolidation or Merger of Boroughs and

10

Change of Corporate Name

11

Section 241.  Consolidation or merger.

12

A borough may be merged or consolidated into a new or

13

existing municipal corporation in accordance with the provisions

14

of 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and

15

merger).

16

Section 242.  Change of corporate name.

17

(a)  General rule.--Where the corporate name of any borough

18

shall differ from the name in general usage or from the post

19

office designation by reason only of minor discrepancies in

20

spelling, in capitalization or in the manner of compounding the

21

elements of the name, the court of common pleas, upon petition,

22

may change the name of the borough to conform to the name in

23

general usage or to the post office designation. The petition

24

may be presented by council, pursuant to a resolution, or by at

25

least 5% of the registered electors of the borough.

26

(b)  Petition.--Upon the presentation of the petition, the

27

court shall fix a day for hearing of which notice shall be given

28

as directed by the court. At the hearing, an inhabitant of the

29

borough may remonstrate against the granting of the petition,

30

and the court may grant or refuse the petition as appears just

- 47 -

 


1

and proper to the court. If the court grants the petition, the

2

decree of the court shall be recorded in the office for the

3

recording of deeds and the corporate name of the borough from

4

the date of the recording shall be as set forth in the petition.

5

(c)  Dissemination of decree.--The recorder of deeds in each

6

county affected shall certify to the Department of State, the

7

Department of Transportation, the Department of Community and

8

Economic Development and the county planning commission a copy

9

of the decree changing the corporate name of the borough.

10

(d)  Liabilities not affected.--A change of corporate name

11

shall not in any way affect any liabilities incurred, rights

12

accrued or vested, obligations issued or contracted or any suits

13

or prosecutions pending or instituted to enforce any right or

14

penalty accrued or to punish any offense committed prior to the

15

change regardless of whether the old or the new name of the

16

borough shall have been used therein.

17

Section 30.  Article III heading, sections 301, 302, 303, 304

18

and 305, Article IV heading, subdivision (a) heading, sections

19

401, 402, 403, 404, 405 and 406, subdivision (b)(1) heading,

20

sections 411, 412, 413 and 414, subdivision (b)(2) heading,

21

sections 416, 417, 418, 419, 420 and 421, subdivision (c)

22

heading, sections 426, 427 and 428 and subdivision (d) heading

23

of the act are repealed:

24

[ARTICLE III

25

ANNULMENT OF CHARTERS AND CHANGE

26

OF CORPORATE NAMES

27

Section 301.  Petitions for Annulment of Charters or Change

28

of Corporate Names.--The court of quarter sessions shall, upon

29

petition of at least ten percent of the registered electors of

30

any borough setting forth that the inhabitants of such borough

- 48 -

 


1

desire to annul the charter of the borough or to change the

2

corporate name of such borough, order an election to be held on

3

the next day appointed for the holding of a general, municipal

4

or primary election, occurring at least ninety days after the

5

presentation of such petition, at which election the electors of

6

the borough shall vote for or against the annulment of the

7

charter or the change of name of the borough, as the case may

8

be. In the case of an annulment of charter, such petition shall

9

set forth that the petitioners desire that the territory

10

embraced within such borough shall revert to and become a part

11

of the township from which it was taken or that it shall be

12

created a new township of the second class, in which case the

13

petition shall also set forth the proposed name of the new

14

township.

15

Section 302.  Filing Petition; Notice of Election; Return.--

16

Upon presentation of such petition for annulment or change of

17

corporate name to the court, and the entry of the court order

18

thereon, after determination by the court that the petition is

19

in due form and properly signed, it shall be filed with the

20

clerk, and a copy of the petition and order of court shall also

21

be filed with the county board of elections, which shall frame

22

the proper question to be submitted to the electors at the

23

election ordered by the court. Notice of the election shall be

24

given in at least one newspaper of general circulation in the

25

borough once a week for four consecutive weeks of the time of

26

such election and the purpose thereof. The publication of the

27

notice shall be made on behalf of the petitioners in form as the

28

court may approve. The county board of elections shall make

29

return of the vote cast on the question submitted to the clerk

30

of the court of quarter sessions, which return shall be filed

- 49 -

 


1

with the petition. If a majority of those voting on the question

2

submitted were in favor of the annulment of the charter or the

3

change of the corporate name, as the case may be, the court

4

shall order that the record of the proceedings shall be recorded

5

in the office of the recorder of deeds, otherwise no further

6

proceedings shall be had.

7

Section 303.  Territory to Revert to Township; Corporate Name

8

Changed; Indebtedness.--Upon recording of the record as above

9

provided, in case of an annulment of charter, the lands embraced

10

within the limits of such borough, the charter of which is

11

annulled, shall thereupon in accordance with the prayer in the

12

petition, either revert to and become a part of the township

13

from which it was taken, and be under and subject to its

14

government and control or shall become a new township of the

15

second class under the name set forth in the petition. In cases

16

where a borough reverts to the township from which its territory

17

was taken, the government of the borough shall cease and

18

terminate on the first Monday of January next succeeding the

19

election on the question of the annulment of the charter, and

20

the property and assets of the borough, including all

21

uncollected taxes and liens, shall be converted into cash by the

22

township supervisors, and shall be applied only to the payment

23

of the outstanding indebtedness of the borough, but any moneys

24

not needed for such purposes shall revert to the township, and

25

any borough indebtedness not paid as above provided shall be

26

paid from the taxes assessed and collected from that portion of

27

said township formerly included within the limits of such

28

borough. In the case of a change of the corporate name, the

29

corporate name of said borough shall from the date of the

30

recording of the record of the proceeding be as set forth in

- 50 -

 


1

said petition, but such change shall not in any way affect any

2

liabilities incurred, rights accrued or vested, obligations

3

issued or contracted, or any suits or prosecutions pending or

4

instituted to enforce any right or penalty accrued or punish any

5

offense committed, prior to such change.

6

All costs and expenses incident to the proceedings for the

7

annulment of the charter or change of the name, as aforesaid,

8

shall be paid by the petitioners. To secure the payment of costs

9

and expenses, the court may require the petitioners to file a

10

bond in such sum as it may fix.

11

Section 304.  Officers Where a New Township is Created.--

12

Where a new township of the second class is created by the

13

annulment of the charter of a borough, officers for such

14

township shall be provided in the manner provided by the laws

15

relating to townships of the second class for such cases and the

16

new township government shall become effective on the first

17

Monday of January next succeeding the municipal election,

18

occurring at least ninety days after the recording of the

19

proceedings, at which time the officers of the new townships

20

shall be elected as provided by the laws relating to townships

21

of the second class for such cases.

22

Section 305.  Change of Corporate Name to Conform to General

23

Usage or to Post Office Designation.--Where the corporate name

24

of any borough shall differ from the name in general usage or

25

from the post office designation by reason only of minor

26

discrepancies in spelling, in capitalization or in the manner of

27

compounding the elements of such name, the court of quarter

28

sessions may change the name of such borough to conform to the

29

name in general usage or to the post office designation upon

30

petition. Such petition shall be presented by the council of the

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1

borough, pursuant to a resolution of the council, or by at least

2

five percent of the registered electors of the borough. Upon the

3

presentation of the petition, the court shall fix a day for

4

hearing of which such notice shall be given as may be directed

5

by the court. At such hearing, any inhabitant of the borough may

6

remonstrate against the granting of the petition, and the court

7

may grant or refuse the petition as to it appears just and

8

proper. If the court grants the petition, the decree of the

9

court shall be recorded in the office for the recording of deeds

10

and the corporate name of the borough from the date of such

11

recording shall be set forth in such petition, but such change

12

shall not in any way affect any liabilities incurred, rights

13

accrued or vested, obligations issued or contracted, or any

14

suits or prosecutions pending or instituted to enforce any right

15

or penalty accrued or to punish any offense committed prior to

16

such change regardless of whether the old or the new name of the

17

borough shall have been used therein.

18

ARTICLE IV

19

CHANGE OF BOROUGH LIMITS

20

(a) Annexation of Townships of First Class or Parts Thereof

21

Section 401.  Petition For Annexation of a Township of the

22

First Class or Parts Thereof.--Registered electors equal to at

23

least ten percent of the registered electors in any township of

24

the first class contiguous to a borough, or ten percent of the

25

registered electors residing within any part of a township of

26

the first class contiguous to a borough, may petition the

27

council of such borough for the annexation of the township of

28

the first class, or part thereof, as the case may be, to the

29

contiguous borough, and for a referendum on the question of such

30

annexation. The number of registered electors required to sign a

- 52 -

 


1

petition shall be determined as of the date the petition is

2

filed. All petitions shall be accompanied by a plot or plots of

3

the territory to be annexed, showing all streets and highways,

4

municipal improvements and public buildings. All petitions for

5

the annexation of a part of a township of the first class shall

6

include a description of the part of the township sought to be

7

annexed.

8

Section 402.  Referendum in Township and Borough.--The

9

council of the borough shall cause a question to be submitted at

10

the first general, municipal or primary election, occurring at

11

least sixty days after the petition has been filed with it, by

12

certifying an ordinance duly adopted to the county board of

13

elections in which any part of the township or borough is

14

located, for the submission of a proper question on the ballot

15

or on voting machines at such election in such township, and in

16

the borough to which the annexation is to be made as provided by

17

the Pennsylvania election code. Where a part of a township is

18

involved, the question submitted shall give a brief description

19

of the territory to be annexed to the borough.

20

Section 403.  Result of Election.--If a majority of the

21

persons voting on such question in the entire township and a

22

majority of the persons voting on such question in the borough

23

shall vote in favor of the annexation, then the township of the

24

first class, or part thereof, as the case may be, shall on the

25

first Monday of January next following be and become a part of

26

the borough. If the majority of the votes cast on the question

27

in either the entire township or in the borough was against

28

annexation, then the annexation proceeding shall fail and the

29

question of such annexation shall not again be voted upon for a

30

period of two years from the date of such election.

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1

Section 404.  Wards.--Until changed in the manner provided by

2

law, the township of the first class, or part thereof annexed to

3

the borough, if not divided into wards, shall constitute a

4

separate new ward of the enlarged borough, if such borough is at

5

the time divided into wards. If the township, or part of the

6

township, at the time of annexation was divided into wards, then

7

each ward of the township, or part of the township, shall

8

constitute a separate ward of the enlarged borough (if divided

9

into wards) and shall be consecutively numbered or otherwise

10

appropriately designated by the council of the borough:

11

Provided, that in any case where a part of a township only is

12

annexed to a borough divided into wards, the court, in the order

13

annexing such part of a township to such borough, may include a

14

provision that such annexed territory shall be attached to an

15

existing ward or wards of such borough.

16

Section 405.  Election Districts and Election Officers.--

17

Until changed in the manner provided by law, all election

18

districts in the former township of the first class or part

19

thereof shall remain as constituted at the time of the

20

annexation and shall become election districts of the enlarged

21

borough. All election officers of such election districts in

22

office at the time of the taking effect of the annexation shall

23

continue in office until the expiration of their respective

24

terms, unless sooner removed as provided by law.

25

Section 406.  Government Where Lands Lie In Two or More

26

Counties.--If the lands annexed to the borough are located in a

27

county or counties different from that of the borough, they

28

shall be governed for borough purposes as part of the borough to

29

which annexed, and for county and institution district purposes

30

as part of the county and institution district in which actually

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1

situated, in the manner provided by law in such cases.

2

(b)  Annexation of a Township of the Second Class or Part

3

Thereof by Petition to Court

4

(1)  Where territory is in one county:

5

Section 411.  Annexation by Court; Decree.--The court of

6

quarter sessions, may, upon petition, change the limits of any

7

borough by the annexation of adjacent territory located in a

8

township of the second class.

9

Section 412.  Notice of Application.--Personal notice of the

10

intended application shall be given to the mayor and council of

11

the borough, and to the supervisors of the township in which the

12

petitioners reside. Notice of such application shall also be

13

given in one newspaper of general circulation of the county,

14

immediately before the presentation of the petition by

15

publication once a week for four consecutive weeks.

16

Section 413.  Signing and Contents of Petition.--Where the

17

territory to be annexed is all or part of a second-class

18

township, the petition shall be signed by a majority in number

19

of all the freeholders of the territory to be annexed. The

20

petition shall set forth a description, of the territory to be

21

annexed and be accompanied with a plot, showing the courses and

22

distances of the boundaries of the borough before and after the

23

proposed annexation.

24

Section 414.  Decree of Court; Costs; Limitation of

25

Subsequent Proceedings.--The court after hearing may make such

26

order on the petition as to right and justice shall appertain.

27

If the court shall confirm the petition, the said petition and

28

decree shall be recorded in the recorder's office of the county,

29

at the expense of the petitioners, who shall pay all other

30

expenses and costs in connection with said petition and decree.

- 55 -

 


1

Thenceforth the territory so annexed shall be a part of the

2

borough, and shall become a part of the contiguous ward or wards

3

of the borough, or constitute a new ward or wards of the borough

4

as the court in its order may prescribe. If the court shall not

5

confirm the petition, no other proceeding for the annexation of

6

the same territory, or any part thereof, shall be had within

7

five years thereafter.

8

(2)  Where territory is in two or more counties;

9

Section 416.  Petition For Annexation.--The court of quarter

10

sessions may, upon petition, annex to any adjacent borough,

11

territory in a township or townships of the second class

12

situated in a county or counties different from that of the

13

borough.

14

Where the territory to be annexed is all or part of a second-

15

class township, the petition shall be signed by a majority in

16

number of all of the freeholders of the territory to be annexed,

17

and shall be presented to the courts of quarter sessions of all

18

the counties in which the territory to be annexed and the

19

borough are situated.

20

Section 417.  Notice of Application.--Notice of the intended

21

application shall be given in one newspaper of general

22

circulation in the territory to be annexed and in the borough

23

immediately before the presentation of the petition to any of

24

the courts by publication once a week for four consecutive

25

weeks.

26

Section 418.  Appointment of Commissioners; View; Report.--

27

Upon presentation of the petition, the several courts shall each

28

appoint one person as commissioner, and the commissioners so

29

chosen shall select an additional one who shall be a surveyor or

30

registered engineer.

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1

The commissioners shall be severally sworn or affirmed,

2

within sixty days from their appointment and selection, and

3

shall view the territory sought to be annexed. They shall report

4

to the several courts, as soon thereafter as possible. The

5

report shall state that the commissioners were sworn or

6

affirmed, and that they were all present at the view. If the

7

commissioners favor the proposed annexation, they shall

8

accompany their reports with a plot, showing the courses and

9

distances of the boundaries of the territory proposed to be

10

annexed and the quantity of land therein contained and the ward

11

or wards of the borough of which such territory shall be a part

12

or that it shall constitute a new ward or wards.

13

Section 419.  Rules On Petitioners.--Any person interested

14

may petition any of the courts for a rule on the petitioners to

15

show cause why the report should not be approved. The rule shall

16

be returnable within such time as the court may fix. If the rule

17

is confirmed, the persons signing the original petition shall

18

pay the costs of the entire proceedings; if such rule is

19

discharged, the costs shall be paid by those petitioning for its

20

issue.

21

Section 420.  Approval by Court; Compensation of

22

Commissioner; Limitation of Subsequent Proceedings.--If each of

23

the courts shall approve the report of the commissioners, the

24

whole proceeding shall be entered on the record of each court,

25

and the territory annexed shall be part of the borough. Each

26

commissioner shall receive such compensation for his services as

27

the court shall allow to be paid by the original petitioners. If

28

the commissioners shall not favor or if either court shall not

29

approve the annexation, no other proceeding for the annexation

30

of the same territory, or any part thereof, shall be had within

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1

five years thereof.

2

Section 421.  Government of Territory.--Where territory is so

3

annexed to a borough of an adjoining county, such territory so

4

annexed, shall be governed, for borough purposes, as a part of

5

the borough to which they are annexed, and for county and

6

institution district purposes, as a part of the county and

7

institution district in which actually situated, in the manner

8

provided by law in such cases.

9

(c)  Annexation of Lands in Townships of the Second Class

10

by Petition to Council

11

Section 426.  Annexation; Ordinance; Limitation of Subsequent

12

Proceedings.--Any borough may, by ordinance, annex adjacent land

13

situate in a township of the second class in the same or any

14

adjoining county, upon petition, and may attach such annexed

15

territory to an existing ward or wards. The petition shall be

16

signed by a majority in number of all of the freeholders of the

17

territory to be annexed. If an ordinance to make such annexation

18

is defeated, no other proceeding for the annexation of the same

19

territory, or any part thereof, shall be had within five years

20

thereof.

21

Section 427.  Procedure.--A certified copy of any ordinance,

22

adopted together with a description of the land to be annexed

23

and a plot showing the courses and distances of the boundaries

24

of the borough before and after such proposed annexation, shall

25

be filed in the court of quarter sessions of the county, or, in

26

case the land proposed to be annexed is situate in an adjacent

27

county, then in the courts of both counties. A notice of such

28

filing shall also be filed in the office of the county board of

29

elections of the proper county. Thereupon the territory proposed

30

to be annexed shall be a part of the borough; except when any

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1

ordinance and plot are filed in the office of the clerk of the

2

court of quarter sessions within two months of any general,

3

municipal, or primary election, in which case the property

4

proposed to be annexed shall not become a part of the borough

5

until the day succeeding such election.

6

Section 428.  Government of Territory.--Where territory is

7

annexed to a borough of an adjoining county, such territory so

8

annexed, shall be governed, for borough purposes, as a part of

9

the borough to which it is annexed, and, for county and

10

institution district purposes, as part of the county or

11

institution district in which actually situated, in the manner

12

provided by law in such cases.

13

(d)  Annexation of Adjacent Territory Owned by a Borough]

14

Section 31.  Section 429 of the act, amended June 24, 1968

15

(P.L.246, No.115), is repealed:

16

[Section 429.  Annexation by Ordinance; Procedure.--(a)  Any

17

borough which, on or before May 1, 1967, owned territory in a

18

township, which territory is contiguous to the borough, and is

19

used by the borough for recreational or park purposes, may annex

20

such territory by ordinance, such ordinance to set forth a

21

description of the territory to be annexed and the courses and

22

distances of the boundaries of the territory. A copy of such

23

ordinance shall be certified to the Department of Community

24

Affairs.

25

(b)  Upon such annexation by ordinance, a plan of the

26

territory annexed shall be filed by the borough council in the

27

office of the county commissioners and with the clerk of the

28

court of quarter sessions and, thereupon, the annexation shall

29

become effective. The annexation proceedings authorized by this

30

section are in addition to, and not in substitution of,

- 59 -

 


1

proceedings otherwise provided by law for annexation of

2

territory, and may be followed without reference to or

3

compliance with any other such provisions.]

4

Section 32.  Article IV subdivision (e) heading, sections

5

431, 432 and 433 and subdivision (f) heading of the act are

6

repealed:

7

[(e)  Detachment of Territory

8

Section 431.  Petitions to Detach Territory.--The court of

9

quarter sessions, upon petition, may change the limits of any

10

borough by detaching territory therefrom and annexing the same

11

to a contiguous township or borough in cases where the line

12

between a borough and a township or another borough shall

13

separate the lands of any person, or where the territory of any

14

borough is divided by reason of natural or artificial causes, or

15

where any part of a borough is so located that access to the

16

remaining portion can be had only by passing through some other

17

township or borough, or where any part of a borough is so

18

located that the convenience of the inhabitants thereof would be

19

served by the detachment of such part.

20

Section 432.  Signing and Contents of Petition.--The petition

21

shall be signed by a majority in number of the freeholders in

22

the territory to be detached. The petition shall contain the

23

names of the contiguous township or borough to which the

24

territory is proposed to be annexed, and shall set forth a

25

description of the territory to be detached, and be accompanied

26

with a plot showing the courses and distances of the boundaries

27

of such township or borough before and after the annexation of

28

the detached territory.

29

Section 433.  Filing Petition; Notice; Decree.--Upon its

30

presentation, the court shall order the petition filed and shall

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1

fix a time for hearing. Notice of the filing of the petition

2

shall be given to the supervisors of the township and to the

3

secretary of the borough and president of council of each

4

borough affected, at least twenty days prior to the date of

5

hearing. If, after hearing, the court shall determine in favor

6

of the proposed detachment of territory, it shall state in its

7

decree to what adjacent township or borough the territory so

8

detached shall be annexed. The petition and decree shall be

9

recorded in the office for the recording of deeds of the county

10

and thenceforth the boundaries of the borough and of the

11

adjacent township or borough shall be as decreed by the court.

12

The costs of the proceedings, including the cost of the

13

recording of the petition and decree, shall be paid by the

14

petitioners.

15

(f)  Adjustment of Indebtedness and Public Property]

16

Section 33.  Section 441 of the act, amended October 9, 1967

17

(P.L.399, No.181), is repealed:

18

[Section 441.  Adjustment of Indebtedness and Public Property

19

Where Part of Township Annexed.--Whenever a part of any township

20

is annexed to any borough, the borough council and the governing

21

body of the township shall make a just and proper adjustment of

22

all the public property, both real and personal, owned by the

23

township at the time of such annexation, including funds, as

24

well as indebtedness, between the township and the borough.

25

In adjusting property and indebtedness, streets, sewer and

26

utilities shall not be considered except to the extent that

27

current and unpaid indebtedness was incurred for the

28

construction and improvement thereof. In making such adjustment

29

and apportionment, the township shall be entitled a division of

30

the property and indebtedness in proportion that the assessed

- 61 -

 


1

valuation of the taxable real estate in the annexed portion of

2

the township bears to the assessed valuation of the taxable real

3

estate in the entire township immediately prior to the

4

annexation and the borough shall be entitled to the remainder of

5

such property and indebtedness. Where indebtedness was incurred

6

by the township for an improvement located wholly within the

7

limits of the territory annexed to the borough, such

8

indebtedness shall be assumed by the borough and where any part

9

of such improvement is located partly within the limits of such

10

annexed territory, the part of such indebtedness representing

11

the part of the improvement located within such annexed

12

territory shall be assumed by the borough, and the adjustment

13

and apportionment of any remaining debt and public property of

14

the township shall be made as hereinabove provided. Such

15

adjustment and apportionment shall be reduced to writing, and

16

shall be duly executed and acknowledged by the clerk or

17

secretary of the borough and shall be filed with the clerk of

18

the court of quarter sessions of the county or counties in which

19

the borough and the township are located, and a copy thereof

20

shall also be filed with the Department of Community Affairs of

21

the Commonwealth.]

22

Section 34.  Sections 442 and 443 of the act are repealed:

23

[Section 442.  Judicial Adjustment on Failure of Agreement.--

24

In case the borough council and the governing body of the

25

township cannot, within six months after an annexation becomes

26

effective, arrive at a determination of the cost of value of

27

certain improvements as required by the act of July 20, 1953

28

(P.L.550), entitled "An act providing for and regulating the

29

annexation of parts of a second class township to boroughs,

30

cities and townships," or of the adjustment of indebtedness and

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1

public property as required by section 441 of this act, the

2

borough council or the governing body of the township may appeal

3

to the court of quarter sessions of the county in which the

4

borough is located. The court shall then appoint three

5

disinterested commissioners, all residents and taxpayers of the

6

county, but none residing in or owners of real estate in the

7

township or the borough. Such commissioners, after hearing,

8

notice of which shall be given to the township and the borough

9

as the court shall direct, shall make report to the court,

10

stating the cost and value of improvements and/or making an

11

apportionment and adjustment according to the provisions of this

12

article, of all the property, as well as the indebtedness, if

13

any, to and between the borough and the township. Such report

14

shall state the amount, if any, that shall be due and payable

15

from the borough, or from the township to the borough, as well

16

as the amount of indebtedness, if any, that shall be assumed by

17

the borough or the township, or both of them.

18

Section 443.  Proceedings on Judicial Adjustment.--The

19

commissioners shall give the borough and the township at least

20

five days' notice of the filing of their report. Unless

21

exceptions are filed to such report within thirty days after the

22

date of filing, the report shall be confirmed by the court

23

absolutely. Any sum awarded by such report to the township or to

24

the borough shall be a legal and valid claim in its favor

25

against the borough or township charged therewith. Any property,

26

real or personal, given to the borough or to the township shall

27

become its property. Any claim of indebtedness charged against

28

the borough may be collected from it.]

29

Section 35.  Section 444 of the act, repealed in part June 3,

30

1971 (P.L.118, No.6), is repealed:

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1

[Section 444.  Exceptions to Report.--In case exceptions are

2

filed to the report of the commissioners, the court shall

3

dispose of the same, taking testimony thereon if deemed

4

advisable. The court shall enter its decree confirming the

5

report of the commissioners, or modifying the same as to it

6

seems just and proper.]

7

Section 36.  Sections 445, 446, 447 and 448, Article IV

8

subdivision (g) heading and sections 451, 452 and 453 of the act

9

are repealed:

10

[Section 445.  Compensation and Expenses of Commissioners;

11

Costs.--The commissioners shall be allowed such compensation and

12

expenses for their services as the court shall fix. The costs of

13

the proceedings, including the compensation and expenses of the

14

commissioners, shall be apportioned by the court between the

15

borough and the township as it deems proper.

16

Section 446.  Where Borough Located In Two or More

17

Counties.--In case the territory of a borough is located in two

18

or more counties, the court of quarter sessions of the county in

19

which the most populous part of the territory of the borough is

20

located shall have exclusive jurisdiction over the proceedings

21

to determine the cost or value of certain improvements in the

22

township and to adjust and apportion the indebtedness between

23

the township and the borough.

24

Section 447.  Payment of Amounts Due; Taxation.--The borough

25

or the township, as the case may be, shall have power to issue

26

and deliver to the other municipality interest-bearing bonds in

27

liquidation of the indebtedness ascertained to be its

28

proportionate share payable, if such bonds are acceptable to the

29

township or the borough, as the case may be, entitled to receive

30

the same. The court may also make all needful orders for the

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1

collection and payment by the township or the borough, by

2

special taxes to be collected in one year, or by annual

3

installments, the amount needed to pay the share of any

4

indebtedness apportioned to it.

5

Section 448.  Collection of Taxes Levied Prior to

6

Annexation.--All taxes assessed and levied against property in

7

annexed territory prior to the effective date of the annexation

8

shall be paid to the township, and the collection and

9

enforcement thereof shall be as though the annexation had not

10

taken place.

11

(g)  When Territory is Detached

12

Section 451.  Appointment of Auditor.--Whenever, the court

13

shall decree the detachment of territory from a borough, and the

14

boroughs and townships affected thereby cannot amicably agree as

15

to the adjustment of indebtedness, if any, between themselves,

16

the court of quarter sessions, upon petition of either the

17

borough or township, shall appoint an auditor, who shall give

18

such notice of a hearing as the court shall direct to all

19

parties in interest.

20

Section 452.  Duties of Auditor.--The auditor shall hear all

21

parties in interest, make necessary investigation, and report to

22

the court the total valuation for taxation purposes of the

23

borough and townships affected, the assessed valuation of the

24

portion detached, the amount of indebtedness of the several

25

boroughs and townships, and the value of all property

26

transferred from the borough to a township or borough. The

27

auditor shall also report a form of decree, making such

28

adjustment of the indebtedness of the boroughs and townships

29

affected as he shall deem equitable.

30

Section 453.  Confirmation of Report; Costs.--The report and

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1

decree shall be confirmed nisi by the court, and shall become

2

absolute unless exceptions be filed thereto. In case exceptions

3

are filed within thirty days after the report is filed in court,

4

the court shall dispose of the same taking testimony therein if

5

it deems the same advisable. The court shall enter its decree

6

confirming the report of the auditor or modifying the same as to

7

it appears just and proper. The decision of the court shall be

8

final. The costs and expenses of the proceedings shall be paid

9

as the court shall direct.]

10

Section 37.  Article V heading of the act is reenacted to

11

read:

12

ARTICLE V

13

BOROUGH BOUNDARIES

14

Section 38.  Sections 501, 502, 503, 504, 505 and 506 of the

15

act are amended to read:

16

Section 501.  Stream Boundaries.--Whenever any borough is

17

bounded by the nearest margin of a navigable stream, and the

18

opposite [township, borough, or city as the case may be,]

19

municipal corporation is also bounded by the nearest margin of

20

the same stream, the middle of [such] the stream shall be the

21

boundary between [such] the borough and the opposite [township,

22

borough or city] municipal corporation. Nothing contained in

23

this section shall be construed to repeal any local or special

24

law providing to the contrary.

25

Section 502.  Petition to Court; Establishment of Disputed

26

Boundaries.--The court of [quarter sessions] common pleas may,

27

upon presentation of a petition, [(i) alter the lines of a

28

borough and any adjoining township, borough or city so as to

29

suit the convenience of the inhabitants thereof, (ii) cause the

30

lines and boundaries of boroughs to be ascertained and

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1

established, and (iii)] ascertain and establish disputed

2

boundaries between [two or more boroughs, between boroughs and

3

cities, or between boroughs and townships] a borough and another

4

municipal corporation. When [any such] a petition is presented,

5

the court may require the petitioners to file a bond in

6

sufficient sum to secure the payment of all costs of the

7

proceeding.

8

Section 503.  [Petition to Court;] Commissioners; Report.--

9

Upon application by petition, in accordance with section 502, 

10

the court shall appoint three impartial persons as commissioners

11

[three impartial persons], one of whom shall be a surveyor or

12

registered engineer[, to inquire into the prayer of the

13

petition]. After giving notice to interested parties

14

[interested] and upon publication of the petition, as directed

15

by the court, the commissioners shall hold a hearing and view

16

the disputed lines and boundaries[, and they or any two of them

17

shall make a plot or draft of the lines and boundaries proposed

18

to be altered, ascertained and established if the same cannot be

19

fully designated by natural lines and boundaries]. [The] A

20

majority of the commissioners[, or any two of them,] shall make

21

their report and recommendations to the court [together with

22

their opinion of the same], accompanied by a plot or draft of

23

the lines and boundaries proposed to be ascertained and

24

established if they cannot be fully designated by natural lines

25

or boundaries. Upon the filing of [any such] the report, the

26

same shall be confirmed [nisi] subject to exceptions filed under

27

section 504, and the court may, by its order, direct publication

28

of the report and require [such] notice to be given by the

29

petitioners to the interested parties [interested] as [it] the

30

court deems proper.

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1

Section 504.  Exceptions and Procedure.--Exceptions to [any

2

such] the report may be filed by [any] an interested person or

3

political subdivision [interested], within thirty days after the

4

filing of the report, and the court [may thereupon fix] shall

5

set a day for the hearing of [such] the exceptions[, of which

6

such notice]. Notice of the hearing shall be given as the court

7

may direct. After hearing, the court [shall have power to] may 

8

sustain [such] the exceptions, [or to] dismiss them and confirm

9

the report[,] or [to] refer the report back to the same or new

10

commissioners with [like] authority to make another report [on

11

which like proceedings may be had. Where]. If no exceptions are

12

filed within thirty days after the filing of the report, the

13

court shall confirm the [same] report absolutely. When [any] a 

14

report is confirmed absolutely, the court shall enter a decree

15

[altering or] ascertaining and establishing the lines and

16

boundaries as shown in [said] the report. The court shall direct

17

publication of the decree establishing the lines and boundaries.

18

Section 505.  Compensation and Expenses of Commissioners;

19

Costs.--The compensation and expenses of commissioners appointed

20

to [alter or] ascertain and establish borough boundaries shall

21

be in [an] a reasonable amount approved by the court. The court

22

shall by its order provide how the costs and expenses of [such]

23

the proceedings, including the furnishing and placing of

24

monuments, shall be paid, and may assess them against the

25

petitioners, the borough[, township or city interested, or any

26

of them] or any interested municipal corporation, individually

27

or in apportioned amounts as the court deems equitable.

28

Section 506.  Boundary Monuments.--[Whenever any such borough

29

line is altered or ascertained and established, the court shall

30

cause the same to be appropriately marked. Following any change

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1

of borough limits pursuant to any procedure set forth in article

2

IV hereof, the annexing municipality shall be responsible for

3

making the boundary as newly established.] The court shall cause

4

a borough line ascertained and established pursuant to this

5

article to be appropriately marked.

6

Section 39.  Article VI heading of the act is reenacted to

7

read:

8

ARTICLE VI

9

BOROUGH WARDS

10

Section 40.  Section 601 of the act, amended June 25, 2001

11

(P.L.651, No.56), is amended to read:

12

Section 601.  Power of [Court] Council to Erect, Abolish and

13

Change Wards and to Adjust, Alter and Establish Lines.--[The

14

court of quarter sessions, upon petition, may](a)  In addition

15

to reapportionment initiated in accordance with 53 Pa.C.S. Pt.

16

II Ch. 9 (relating to municipal reapportionment) and section 11

17

of Article IX of the Constitution of Pennsylvania, council may,

18

by ordinance, divide boroughs into wards, erect new wards out of

19

two or more adjoining wards or parts thereof, consolidate two or

20

more wards into one ward, divide any ward already erected into

21

two or more wards, alter the lines of any two or more adjoining

22

wards or cause the lines or boundaries of wards to be

23

ascertained or established, or abolish all wards. No borough

24

shall be divided or redivided into more than thirteen wards.

25

(b)  No ward shall be created containing less than three

26

hundred registered electors [therein] in the ward, and all wards

27

which now or at any time hereafter shall contain less than three

28

hundred fifty registered electors [therein] in the ward may[, in

29

the discretion of the court,] be abolished and [if so

30

abolished,] the territory [thereof] of the ward shall be

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1

distributed among the remaining wards [in such manner as the

2

court of quarter sessions shall direct] as council shall

3

determine. All other wards [as heretofore established] shall

4

remain as [heretofore] established, until altered or divided as

5

provided in this article.

6

(c)  In boroughs [wherein] where any ward shall be abolished

7

as [herein] provided under this section and the number of wards

8

shall be reduced to less than five, then the member of council

9

or members of council in the ward or wards abolished shall

10

continue in office for the term for which elected and shall

11

become a member of council or members of council at large from

12

[such] the borough.

13

[If the latest official census of the United States shall

14

disclose that in any borough the population of any ward exceeds

15

by fifty percent or more or is fifty percent or more less than

16

the average population of all the wards of such borough, the

17

court of quarter sessions upon application of the borough

18

council or, in case of failure of the council so to apply, upon

19

petition of any citizen of the borough, shall adjust the

20

boundaries of any or all of the wards in such borough, for the

21

purpose of more nearly equalizing ward populations throughout

22

the said borough. The provisions of sections 602, 603 and 604 of

23

this act shall not apply in cases of ward boundary adjustment as

24

provided for by this paragraph.]

25

(d)  All wards in the borough shall be numbered and composed

26

of compact and contiguous territory as nearly equal in

27

population as practicable as officially and finally reported in

28

the latest official census.

29

Section 41.  Section 602 of the act, amended October 9, 1967

30

(P.L.399, No.181), is amended to read:

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1

Section 602.  [Signing Petition; Appointment of

2

Commissioners; Report.--The petition referred to in the first

3

paragraph of section 601 of this act shall be presented by the

4

council of the borough pursuant to a resolution of the council,

5

or by at least five percent of the registered electors of the

6

borough, or in case of a proposal affecting only a portion of

7

the borough by at least five percent of the registered electors

8

of the ward or wards which would be affected by such proposal,

9

as the case may be. The court shall thereupon consider and

10

determine the matter and may appoint three impartial persons,

11

none of whom shall be residents or property owners in the

12

borough, as commissioners to inquire into the propriety of

13

granting the prayer in the petition. The commissioners, or any

14

two of them, shall make a report to the court, within sixty days

15

after their appointment and shall accompany it with a plot,

16

showing the boundaries of the proposed wards of the borough, or

17

the wards before and after the proposed change, as the case may

18

be, whenever the same cannot be fully designated by natural

19

lines, and with information on the population and the number of

20

registered electors in the borough and in all wards and proposed

21

new wards with which such report is concerned.] Petition of

22

Electors.--(a)  At least five percent of registered electors of

23

the borough or, in the case of a proposal affecting only a

24

portion of the borough, at least five percent of the registered

25

electors of the ward or wards which would be affected by the

26

proposal may petition council to initiate proceedings under

27

section 601 and may present to council a plot showing the

28

boundaries of the proposed wards of the borough. Council shall,

29

by motion approved by a majority of council and within ninety

30

days of presentment of the petition, determine whether to

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1

initiate proceedings under section 601.

2

(b)  In the event that council has not approved a motion

3

within ninety days after the presentment of a petition under

4

subsection (a), any ten registered electors may petition the

5

court of common pleas and contest the existing apportionment as

6

violating section 601(b) or (d). The proceedings before the

7

court shall be conducted in accordance with 53 Pa.C.S. §§ 906

8

(relating to contest of reapportionment by governing body) and

9

907 (relating to costs and expenses of contest).

10

Section 42.  Sections 603, 604, 605 and 606 of the act are

11

amended to read:

12

Section 603.  [Confirmation of Report; Review.--Upon its

13

presentation, the court shall confirm the report nisi, and shall

14

direct that notice of the filing of the report] Notice of

15

Ordinance.--Notice of an ordinance enacted in accordance with

16

section 601 shall be given by publication once in a newspaper

17

[of general circulation stating that exceptions may be filed to

18

such report within thirty days after the same was filed. The

19

court shall confirm the report absolutely if no exceptions are

20

filed or if it dismisses the exceptions. The court may remand

21

the report to the commissioners for a review, if in its opinion

22

a better adjudication may thereby be secured].

23

Section 604.  [Compensation of Commissioners.--The

24

commissioners shall each receive such compensation for their

25

services as the court shall fix.] (Reserved).

26

Section 605.  [Payment of Costs; Bond.--Such compensation and

27

all costs and expenses incurred in such proceedings shall be

28

paid by the borough or the petitioners, as directed by the

29

court. To secure such reimbursement, the court may require the

30

petitioners, other than the borough council, to file a bond with

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1

their petition.] (Reserved).

2

Section 606.  Terms of Officers.--Whenever [the court]

3

council shall divide [any] a borough into wards, it shall

4

request the court of common pleas to appoint for each ward a

5

judge and two inspectors of election to hold elections until

6

[such] the officers may be elected as provided by law. In all

7

other cases, officers in office at the time any changes are made

8

pursuant to the preceding sections of this article, shall remain

9

in office until the expiration of the terms for which they have

10

been elected. In case any vacancy shall occur, the [same]

11

vacancy shall be filled by the council, until the first Monday

12

of January next succeeding the election at which [such] the 

13

officers are to be elected, as provided in article VIII [of this

14

act].

15

Section 43.  Section 607 of the act is repealed:

16

[Section 607.  Change of Names and Numbers.--Boroughs may, by

17

ordinance, change the name of any ward to a number, or change

18

the number of any ward to name. No such ordinance shall go into

19

force until a certified copy thereof is filed with the clerk of

20

the court of quarter sessions.]

21

Section 44.  Article VII heading of the act is reenacted to

22

read:

23

ARTICLE VII

24

ASSOCIATIONS AND ORGANIZATIONS

25

Section 45.  Section 701 of the act, amended February 21,

26

2002 (P.L.94, No.7), is amended to read:

27

Section 701.  State Association of Boroughs.--(a)  The

28

boroughs of the Commonwealth are authorized to organize a State

29

Association of Boroughs for the purpose of advancing the

30

interests of the boroughs. [Any] A borough may join the [said]

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1

association by motion of council and payment of the annual dues.

2

[Council may designate one or more delegates from the elected or

3

appointed officials of the borough to attend the annual meeting

4

of the association, which shall be held in the Commonwealth in

5

accordance with the procedure adopted by the association. In

6

addition to any compensation allowed by law for each delegate,

7

the borough may, for each delegate, pay expenses which shall be

8

limited to the registration fee, mileage for use of personal

9

vehicle or reimbursement of actual transportation expense going

10

to and returning from such meeting plus all other actual

11

expenses that the council may have agreed to pay. Every delegate

12

attending the annual meeting shall submit to the council an

13

itemized account of expenses incurred thereat. The council may

14

authorize borough employes to be compensated at their regular

15

employe rate during their attendance at the annual meeting. The

16

borough council solely may authorize the mayor and any council

17

member who is not employed by the borough to receive total or

18

partial reimbursement for lost wages or salary while attending

19

the annual meeting, provided that sufficient documentation is

20

presented to the borough council to justify the reimbursement.

21

The time spent in attending said meeting shall not be more than

22

four days, including the time employed in traveling thereto and

23

therefrom.] Each borough, becoming a member of the association,

24

shall pay [such] reasonable dues as may be fixed by the

25

association.

26

(b)  The dues and other revenues received by the association

27

shall be used to pay for services, publications and other

28

expenses authorized or ratified by the association, or incurred

29

in behalf of the association, by its officers and committees.

30

Section 46.  The act is amended by adding sections to read:

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1

Section 701.1.  Authorization to Attend and Payment of

2

Expenses for Attending Meetings, Etc.--(a)  Council may, by

3

motion, designate one or more delegates from the elected or

4

appointed officers of the borough to attend the annual meeting

5

of the association, which shall be held in this Commonwealth in

6

accordance with the procedure adopted by the association.

7

(b)  Council may, by motion, designate one or more elected or

8

appointed officers or employes of the borough to attend the

9

annual meeting as nondelegates or to attend a conference,

10

educational training or committee meeting of the association.

11

(c)  In addition to any compensation allowed under section

12

701.2, council may, for each attending delegate, elected or

13

appointed officer or employe, pay expenses upon receipt of an

14

itemized account of expenses, which shall be limited to the

15

registration fee, mileage for use of personal vehicle or

16

reimbursement of actual transportation expenses going to and

17

returning from the respective annual meeting, conference,

18

educational training or committee meeting of the association

19

plus all other actual expenses that council may have agreed to

20

pay.

21

Section 701.2.  Compensation of Officers and Employes for

22

Attending Meetings, Etc.--(a)  Council may authorize borough

23

employes, including the mayor and members of council if they are

24

employes of the borough, to be compensated at their regular

25

employe rate during their attendance at the annual meeting or a

26

conference, educational training or committee meeting of the

27

association.

28

(b)  Council solely may authorize the mayor and any council

29

member who is not employed by the borough to receive total or

30

partial reimbursement for lost wages or salary while attending

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1

the annual meeting or a conference, educational training or

2

committee meeting of the association if sufficient documentation

3

is presented to council to justify the reimbursement.

4

(c)  The maximum time for which a borough employe or mayor or

5

council member not employed by the borough shall be reimbursed

6

for lost wages or salary while attending the annual meeting or a

7

conference, educational training or committee meeting of the

8

association shall not be more than four days, including time

9

spent traveling to and from the event.

10

(d)  The borough council may authorize a mayor or any council

11

member employed by the borough to be compensated at their

12

regular employe rate and a mayor or council member who is not

13

employed by the borough to receive total or partial

14

reimbursement for lost wages or salary if they attend a meeting

15

for which the mayor or council member is an officer, a member of

16

the board of directors, a member of the executive committee, a

17

member of a standing committee or a trustee of the association,

18

subject to the following limitations which shall include time

19

spent traveling to and from the event:

20

(1)  The compensation of a mayor or council member for

21

attending a meeting of a standing committee of the association

22

shall be limited to two days per year of regular employe rate

23

compensation or lost wages or salary, as applicable.

24

(2)  The compensation of a mayor or council member for

25

attending a meeting for which the mayor or council member is a

26

trustee for the association shall be limited to four days per

27

year of regular employe rate compensation or lost wages or

28

salary, as applicable.

29

(3)  The compensation of a mayor or council member for

30

attending a meeting for which the mayor or council member is an

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1

officer, member of the board of directors or a member of the

2

executive committee of the association shall be limited to

3

fifteen days per year of regular employe rate compensation or

4

lost wages or salary, as applicable.

5

(4)  A mayor or council member identified under paragraph

6

(1), (2) or (3) may not be compensated by the borough under this

7

subsection to the extent that the mayor or council member

8

receives compensation from the association or a board or

9

committee of the association for attending the meeting.

10

Section 47.  Section 702 of the act, amended February 21,

11

2002 (P.L.94, No.7), is amended to read:

12

Section 702.  County and Regional Associations of Boroughs.--

13

The boroughs of any county or of two or more adjoining or nearby

14

counties, may organize a county or regional association of

15

boroughs, composed of elected and appointed borough [officials]

16

officers in [such] the county or counties, organized for the

17

purpose of furthering the interests of the boroughs in the

18

association and their inhabitants. [Any] A borough may annually

19

appropriate a sum of money, not exceeding [seventy-five dollars

20

($75)] one hundred dollars ($100) for the support of [such] the 

21

association. For attendance at a meeting of the county or

22

regional association of which [such] the borough is a member,

23

the borough may, for each delegate, pay expenses which shall be

24

limited to the registration fee, mileage for use of personal

25

vehicle or reimbursement of actual transportation expense going

26

to and returning from [such] the meeting plus all other actual

27

expenses that the council may have agreed to pay. Every delegate

28

attending the [annual] meeting shall submit to the council an

29

itemized account of expenses incurred [thereat]. The council may

30

authorize borough employes to be compensated at their regular

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1

employe rate during their attendance at the [annual] meeting.

2

The borough council solely may authorize the mayor and any

3

council member who is not employed by the borough to receive

4

total or partial reimbursement for lost wages or salary while

5

attending the [annual] meeting, provided that sufficient

6

documentation is presented to the borough council to justify the

7

reimbursement. [Any such] A county or regional association of

8

boroughs shall have the option of admitting to membership

9

representatives of political subdivisions other than boroughs

10

within [such] the county or counties but representatives of

11

[such] the other political subdivisions shall have no voice or

12

vote in any matter that is or may be of concern solely to

13

boroughs.

14

Section 48.  Section 703 of the act, amended January 28, 1988

15

(P.L.21, No.10), is amended to read:

16

Section 703.  Other Associations and Organizations.--[Any]

17

(a)  A borough, by motion of council, may:

18

(1)  join other associations and organizations concerned with

19

municipal or governmental affairs; [may]

20

(2)  pay dues to and appropriate moneys for the support of

21

and participation in [such] the associations and organizations;

22

and [may]

23

(3)  send delegates to meetings or [conventions] conferences 

24

of [such] associations and organizations.

25

In addition to any compensation allowed by law for each

26

delegate, the borough may, for each delegate, pay expenses which

27

shall be limited to the registration fee, mileage for use of

28

personal vehicle or reimbursement of actual transportation

29

expense going to and returning from [such] the meeting or

30

conference plus all other actual expenses that the council may

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1

have agreed to pay. Every delegate attending the annual meeting

2

or conference shall submit to the council an itemized account of

3

expenses incurred [thereat]. The council may authorize borough

4

employes to be compensated at their regular employe rate during

5

their attendance at the annual meeting or conference. The time

6

spent in attending the meeting or [convention] conference shall

7

not be more than four days, including the time employed in

8

traveling [thereto and therefrom] to and from the meeting or

9

conference.

10

[Any] (b)  A borough, by motion of council, may authorize any

11

of its officers [and/or] and employes to attend meetings of

12

professional organizations and associations, or [study or]

13

educational training sessions for persons holding the same or

14

similar office or employment, and may pay all or any specified

15

portion of the necessary expenses incident to their attendance

16

at [such] the meetings or sessions.

17

Every person attending [any convention] a conference, meeting

18

or [study or] educational training session referred to in this

19

section shall submit to the council an itemized account of [his]

20

the person's expenses [thereat], including traveling expenses or

21

mileage, that council may have agreed to pay.

22

Section 49.  Section 704 of the act, amended May 7, 1998

23

(P.L.347, No.54), is amended to read:

24

Section 704.  Associations and Organizations for Mayors.--

25

[Any] A mayor may join a mayors' association and borough council

26

shall pay reasonable dues, not to exceed one hundred dollars

27

($100), as may be fixed by the association for each mayor

28

belonging to that association. The mayor may attend the annual

29

meeting of the association, which shall be held in [the] this 

30

Commonwealth in accordance with the procedure adopted by the

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1

association. [Each] A mayor shall be allowed expenses which

2

shall be limited to the registration fee, mileage for use of

3

personal vehicle or reimbursement of actual transportation

4

expense going to and returning from [such] the meeting plus all

5

other actual expenses that the council may have agreed to pay to

6

the extent that similar expenses are provided to the elected or

7

appointed officers of the borough in the same year for

8

attendance at an annual meeting of the State association as

9

provided under section 701.1. Every mayor attending the annual

10

meeting shall submit to the council an itemized account of

11

expenses incurred at the annual meeting. The time spent in

12

attending [said] the meeting shall not be more than four days,

13

including time in traveling to and from the meeting.

14

Section 50.  Section 705 of the act, added June 22, 2000

15

(P.L.325, No.34), is amended to read:

16

Section 705.  National or State Lodge of Police Officers.--

17

[Any] A borough council may grant [any] a borough employe, who

18

is a duly elected representative of [any] a State lodge of

19

police officers or [any] a local lodge being a part of any

20

national or State lodge of police officers, a leave of absence

21

with pay to attend [any] an annual national or State convention

22

or conference of [such] the lodge, for a period not to exceed

23

four days, including necessary time for travel to and from

24

[same. Any] the convention or conference. An employe receiving

25

time off with pay under this section shall, upon [his] return, 

26

submit to [his] the employe's immediate superior a certificate

27

testifying to [his] the employe's attendance at the convention

28

or conference, signed by at least two responsible officers of

29

the convention or conference. No more than two elected

30

representatives who are employes of the same borough may attend

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1

[any such] a convention or conference on behalf of [any such] a 

2

lodge under this section.

3

Section 51.  Article VIII and subdivision (a) headings of the

4

act are reenacted to read:

5

ARTICLE VIII

6

ELECTIONS OF OFFICERS

7

(a)  General Provisions Relating to Elected Officers

8

Section 52.  Section 801 of the act, amended November 29,

9

2004 (P.L.1337, No.170), is amended to read:

10

Section 801.  Electors Only to be Eligible;

11

Incompatibility.--(a)  Except as provided in subsection (b),

12

only registered electors of the borough [only] shall be eligible

13

to elective borough offices. [All] Before being sworn in to

14

office, each elected borough [officers shall reside] officer

15

shall present a signed affidavit to the borough secretary that

16

states that the officer resides in the borough from which

17

elected and [shall have] has resided in the borough continuously

18

for at least one year immediately before [their] the officer's 

19

election. A school director shall not be eligible to an elective

20

borough office. No individual shall at the same time hold more

21

than one elective borough office.

22

(b)  A borough with a population of less than one hundred

23

fifty, incorporated on or after January 1, 1964, may permit

24

[individuals] residents that have not resided in the borough

25

continuously for at least one year immediately before the

26

election to be eligible to hold office.

27

Section 53.  Sections 802 and 803 of the act are reenacted to

28

read:

29

Section 802.  Time and Place of Elections.--Elections for

30

borough officers shall be at the time and place designated by

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1

law for the holding of municipal elections.

2

Section 803.  Certificates of Election.--Certificates of

3

election of all borough officers shall be filed with the borough

4

secretary and be preserved among the records of the borough for

5

a period of six years.

6

Section 54.  Section 804 of the act, amended June 15, 1978

7

(P.L.473, No.68), is amended to read:

8

Section 804.  Term; Bonds.--Persons elected to borough

9

offices shall serve for the term for which they were elected,

10

except where a vacancy in office shall exist for any reason, in

11

which case the vacancy shall be filled in the manner provided by

12

this act.

13

Whenever [any] an elected official of a borough is required

14

to give bond for the faithful performance of [his] the elected

15

official's duties, the borough may pay the premium for [such]

16

the bond[; except that]. For a tax collector's bond, however, 

17

the borough shall pay a proportionate share of the cost of the

18

bond [of the tax collector, such] with the share to be in the

19

same ratio as the amount of borough taxes bears to the total

20

amount of all taxes indicated by the tax duplicate to be

21

collected by the tax collector during the year preceding the

22

date the premium is due.

23

Section 55.  Sections 805 and 806 of the act, amended June

24

25, 2001 (P.L.651, No.56), are amended to read:

25

Section 805.  Election of Borough Officers When Boroughs

26

Created, Etc.--Whenever a borough is incorporated under the

27

provisions of sections 201 to 219 [inclusive of this act], or

28

whenever two or more boroughs are consolidated under the

29

provisions of [sections 221 to 228 of this act] 53 Pa.C.S. Ch. 7

30

Subch. C (relating to consolidation and merger), or whenever a

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1

borough is created from a city of the third class under the

2

provisions of sections 231 to 235 [of this act], the officers of

3

the borough, provided for in section 806 [of this act], shall be

4

elected at the appropriate municipal election as provided in

5

[said sections] the law and [such] the officers shall take

6

office on the first Monday of January succeeding [such] the 

7

election.

8

At [any such] the election, if the borough is not divided

9

into wards, of the seven members of council to be elected, three

10

or four members of council, as the case may be, shall be elected

11

for terms of two years each, and three or four members of

12

council, as the case may be, shall be elected for terms of four

13

years each, to coincide with the number of members of council

14

elected at [such] the election in existing boroughs under the

15

provisions of section 811 [of this act].

16

In the case of the consolidation of two or more boroughs into

17

one borough, or the creation of a borough from a city of the

18

third class, and where in either event two members of council

19

are to be elected from each ward, one member of council shall be

20

elected from each ward for a term of two years and one member of

21

council shall be elected from each ward for a term of four

22

years.

23

In all boroughs coming within the provisions of this section,

24

three auditors shall be elected, one for a term of two years,

25

one for a term of four years, and one for a term of six years.

26

All other officers of the borough shall be elected at [such]

27

the election for terms of two or four years, as the case may be,

28

to coincide with the terms of officers elected under this act at

29

[such] the election in the existing boroughs.

30

Section 806.  Officers to be Elected.--(a)  It shall be

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1

lawful for the electors of the borough to elect:

2

(1)  One mayor, who shall be elected at the municipal

3

election in the year 1969, and every four years thereafter, and

4

who shall hold office for a term of four years.

5

(2)  One tax collector, who shall be elected at the municipal

6

election in the year 1969, and every four years thereafter, and

7

who shall be a properly qualified person. No magisterial

8

district judge may at the same time hold the office of tax

9

collector.

10

(3)  Three elected auditors or one elected controller, unless

11

the borough instead provides for one appointed auditor pursuant

12

to section 1005(7). The following shall apply:

13

(i)  in boroughs providing for three elected auditors, one

14

auditor shall be elected at each municipal election for a term

15

of six years; or

16

(ii)  in boroughs providing for one elected controller, the

17

controller shall be elected at the municipal election in the

18

year 1969, and every four years thereafter, who shall be a

19

competent accountant and a registered elector of the borough for

20

at least four years prior to the person's election and shall

21

serve for a term of four years.

22

[(1)] (4)  In boroughs not divided into wards, seven members

23

of council[, one mayor, one assessor, except in those boroughs

24

where, under the applicable county assessment law, the office of

25

elected assessor in boroughs shall have been abolished; a tax

26

collector and three auditors or one controller except in such

27

boroughs where there shall be an appointed auditor in lieu of

28

elected auditors or controller]. In [any] a borough with a 

29

population, as determined by the latest official census, of less

30

than three thousand, the total number of members of council may

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1

be reduced from seven to five or to three upon petition to the

2

court of common pleas, as provided in section 818 [of this act].

3

[(2)] (5)  In boroughs divided into wards, at least one, and

4

not more than two members of council in each ward, except in

5

boroughs where prior to the passage of this act three members of

6

council were elected in each ward. In [such] those boroughs, the

7

number of members of council is fixed at three in each ward

8

until [such] the number is reduced in the manner provided by

9

this act. Members of council shall be residents of the ward from

10

which they are elected, and chosen by the electors of the ward[;

11

also a mayor, a tax collector and three auditors or a

12

controller, except in such boroughs where there shall be an

13

appointed auditor in lieu of elected auditors or controller, and

14

an assessor, except in those boroughs where, under the

15

applicable county assessment law, the office of elected assessor

16

shall have been abolished who shall be chosen by the electors of

17

the boroughs at large].

18

(b)  The terms of all elected officers under this section

19

shall begin the first Monday of January next succeeding the

20

person's election.

21

Section 56.  Article VIII subdivision (b) heading of the act,

22

amended June 25, 2001 (P.L.651, No.56), is reenacted to read:

23

(b)  Members of Council

24

Section 57.  Sections 811, 812, 813 and 814 of the act,

25

amended June 25, 2001 (P.L.651, No.56), are amended to read:

26

Section 811.  Election of Members of Council.--(a)  At the

27

municipal election to be held in the year 1967, there shall be

28

elected in each borough a sufficient number of members of

29

council to equal one-half of the entire number of which [such]

30

the council is legally composed, to serve for a term of four

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1

years from the first Monday of January next succeeding[, and,

2

where such] the election. Where the entire number of council is

3

seven, nine, or eleven, then it shall be sufficient to

4

[constitute] elect three, four, or five council members, as the

5

case may be[; the aforesaid members of council, to be]. The

6

members of council elected in the year 1967, being successors to

7

those elected in the year 1963, whose terms, as heretofore

8

provided by law, expire on the first Monday of January, 1968.

9

All members of council whose terms expire on the first Monday of

10

January, 1970 shall continue to hold their office until the

11

first Monday of January, 1970, as now provided, and their

12

successors shall be elected at the municipal election in the

13

year 1969, to serve for a term of four years, from the first

14

Monday of January next succeeding. If for any reason members of

15

council are not elected as [hereinabove] provided under this

16

section, members of council whose terms end on the same date

17

shall cast lots to determine who shall serve for a two-year term

18

and who shall serve for a four-year term. The secretary of the

19

borough shall certify the results to the appropriate county

20

board of elections.

21

(b)  Biennially thereafter, at the municipal election, a

22

sufficient number of members of council shall be elected, for a

23

term of four years from the first Monday of January next

24

succeeding, to fill the places of those whose terms, under the

25

provisions of this act, shall expire on the first Monday of

26

January next following [such] the election.

27

Section 812.  Election of Members of Council Where New Wards

28

Created.--(a)  Whenever [the court of common pleas shall]

29

council shall, by ordinance, divide any borough into wards,

30

erect new wards out of two or more wards or parts [thereof,] of

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1

wards or divide a ward already erected into two or more wards,

2

[or create a new ward out of annexed territory, and when the

3

report, in such case, is confirmed by the court, it shall, at

4

the same time, decree] the ordinance shall provide for the

5

election of an equal number of members of council, in each of

6

the wards, in [such] a manner as not to interfere with the terms

7

of those [theretofore] previously elected.

8

(b)  Where a borough is first divided into wards, the [court]

9

ordinance providing for the division shall fix the number of

10

members of council in each ward at not more than two. [In

11

decreeing such election, when] When the entire number of council

12

shall be composed of an even number, [the decree shall be so

13

made that] one-half of the entire number shall thereafter be

14

elected at each municipal election. When the entire number of

15

council shall be an odd number, the [court shall divide such

16

council into] ordinance shall establish two classes, and shall

17

[make its decrees so] provide that one-half of the entire number

18

of members of council, less one, shall, as soon as possible,

19

take their office in a year divisible by four, and the remaining

20

number of members of council shall take their office in an even-

21

numbered year not divisible by four. The apportionment shall be

22

[so made by the court that there shall be] equal or as nearly

23

equal as possible, representation by wards in each class.

24

Biennially thereafter, at each municipal election, a sufficient

25

number of members of council shall be elected, for the term of

26

four years from the first Monday of January next succeeding, to

27

fill the places of those whose terms shall expire on the first

28

Monday of [the] January next following [such] the election.

29

Section 813.  Fixing Number of Members of Council When Wards

30

Created.--Whenever upon the division of [any] a borough into

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1

wards, or the creation of a new ward or wards, the number of

2

members of council cannot be equally divided among the wards of

3

the boroughs, it shall be lawful for [the court, in decreeing

4

such division or creation,] council to increase the number of

5

council to, and not exceeding, [such number as] a number that 

6

will enable [the court to make an] equal apportionment of the

7

same among the several wards of [such] the borough. But where a

8

borough is first divided into wards, the number of members of

9

council provided for a ward shall not exceed two.

10

Section 814.  Increase in Number of [Members of Council.--The

11

court of common pleas, having fixed the number of members of

12

council, as provided in section 812 of this article,] Ward

13

Council Members.--Council may, upon petition of at least five

14

percent of the registered electors of the borough, increase the

15

[same] number of members of council to any number not exceeding

16

two for each ward. The sufficiency of the number of signers to

17

[any such] the petition shall be ascertained as of the date when

18

the petition is presented to [court] council.

19

Section 58.  Section 815 of the act, amended May 7, 1998

20

(P.L.347, No.54), is amended to read:

21

Section 815.  Decrease of Number of Ward Council Members.--

22

Whenever, in any borough divided into wards, the council

23

consists of more than seven members, at least five percent of

24

the registered electors of [such] the borough shall have power

25

to petition [the court of common pleas] council for a decrease

26

in the number of members of council from each ward, but in no

27

instance shall the council consist of less than seven members.

28

The purpose of [such] the decrease may be to achieve any or all

29

of the following results:

30

(1)  a council which is less unwieldy in size;

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1

(2)  a council which is comparable in size to those in

2

boroughs not divided into wards;

3

(3)  a council consisting of an odd number of members instead

4

of an even number;

5

(4)  a reduction in borough expenditures; and[,]

6

(5)  the expedition of the conduct of council meetings.

7

[Said] The petition shall clearly state whether [it is the

8

prayer of] the petitioners request that the number of members of

9

[such] the council to be elected in each ward shall be reduced

10

from two to one, or from three to two or one, and shall further

11

state the reasons why [such] the reduction in number shall be

12

desired. The petition may also state whether it is necessary to

13

add a council member or members to be elected at large in order

14

to achieve or maintain a council consisting of at least seven

15

members or to achieve or maintain a council consisting of an odd

16

number of members. The sufficiency of the number of signers to

17

[any such] the petition shall be ascertained as of the date the

18

petition is presented to [court] council.

19

The [court] council shall give notice of the filing of [such]

20

the petition by advertisement in the legal [journal] newspaper 

21

of the county, if one is published in the county, and in one

22

newspaper [of general circulation in the borough], and in [such]

23

the notice shall fix a day and time for [hearing] a public

24

meeting. After [such hearing, the court may] the public meeting

25

council may, by ordinance, decrease the number of council

26

members elected from each ward from two to one, or from three to

27

two or one, and may also provide for the election at large of a

28

member or members of council. [The court] Council shall, if

29

necessary, establish a schedule for the subsequent at-large

30

election of council members. The schedule may provide that the

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1

initial term of one or more of the council members subsequently

2

elected at large shall be reduced to accommodate a schedule of

3

staggered at-large elections to eventually insure that, as [near

4

as may be] nearly as possible, one-half of the members of

5

council elected at large will be elected at each municipal

6

election.

7

At each municipal election thereafter in [such] the borough,

8

where there are two members from each ward, the electors of each

9

ward shall elect one council member to hold office for a term of

10

four years from the first Monday of January next succeeding the

11

election.

12

At each municipal election thereafter in [such] the boroughs,

13

where there is one member from each ward, the electors from each

14

of the odd-numbered wards shall, at the first municipal election

15

thereafter, elect one council member for a term of four years,

16

and the electors from each of the even-numbered wards shall

17

elect one council member for a term of two years. At each

18

municipal election thereafter, the electors of the even-numbered

19

wards, or odd-numbered wards as the case may be, shall each

20

elect one council member for a term of four years, to take the

21

place of those whose terms are about to expire. [All such] The

22

council members shall take office on the first Monday of January

23

following their election.

24

In any borough where, under the provisions of this section,

25

the number of council members shall be reduced, the council

26

members then in office shall remain in office until the end of

27

their respective terms.

28

Section 59.  Sections 816, 817 and 818 of the act, amended

29

June 25, 2001 (P.L.651, No.56), are amended to read:

30

Section 816.  Election of Members of Council Where Wards

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1

Abolished.--(a)  Whenever [the court of common pleas shall

2

abolish all wards in any borough and when the report in such

3

case is confirmed by the court, it shall, at the same time,

4

decree] council shall, by ordinance, abolish all wards in a

5

borough, the ordinance shall provide for the election of seven

6

members of council at large for the borough in [such] a manner

7

as not to interfere with the terms of those ward members of

8

council [theretofore] previously elected. [In decreeing such

9

election, where] Where there were [theretofore] previously:

10

(1)  Seven members of council, the [decree shall be so made]

11

ordinance shall provide that, at the first municipal election

12

thereafter the electors shall elect three or four members of

13

council, as the case may be, the number to be elected to be that

14

which, when added to the number of members of council already in

15

office whose terms are not about to expire, shall bring the

16

membership of the council to seven. [Such] The newly elected

17

members of council shall serve for terms of four years from the

18

first Monday of January next succeeding [such] the first

19

municipal election, except that, in any case where the election

20

of four members of council shall be required to bring the

21

membership of council to its full complement of seven, and only

22

three members of council are elected at [such] the municipal

23

election in the other boroughs of the [State] Commonwealth not

24

divided into wards, three members of council shall be elected

25

for four-year terms and one for a two-year term. Thereafter, at

26

every succeeding municipal election, the electors shall elect

27

three or four members of council, as the case may be, each to

28

serve for a term of four years from the first Monday of January

29

following [such] the municipal election.

30

(2)  Eight or more members of council, the [decree shall be

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1

so made] ordinance shall provide that, at the first municipal

2

election thereafter the electors shall elect a sufficient number

3

of members of council that, when added to the number of members

4

of council already in office whose terms are not about to

5

expire, will bring the membership of the council to seven.

6

[Such] The newly elected members of council shall serve for

7

terms of four years from the first Monday of January next

8

succeeding [such] the first municipal election. At the second

9

municipal election after [such decree] the effective date of the

10

ordinance, the electors shall elect a sufficient number of

11

members of council, that, when added to the number of members of

12

council elected at the previous municipal election, shall bring

13

the membership of council to its full complement of seven, some

14

of [such] the members of council elected at [such] the second

15

municipal election to serve for a four-year term following the

16

first Monday of January next succeeding, the remainder to serve

17

for a two-year term, the number in each case to be that required

18

to bring the number of members of council to be elected in

19

[such] the borough in succeeding municipal elections into

20

conformity with the number elected in the other boroughs of the

21

Commonwealth not divided into wards. In the third and all

22

subsequent municipal elections following [such decree of court] 

23

the effective date of the ordinance, the electors shall elect

24

three or four members of council, as the case may be, each to

25

serve for a term of four years from the first Monday of January

26

following [such] the municipal election.

27

In any [such] borough where, under the ward system of

28

electing members of council, the council shall have been so

29

large that there shall be seven or more members of council whose

30

terms shall not expire on the first Monday of January following

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1

the first municipal election after [such decree] the effective

2

date of the ordinance, no members of council shall be elected at

3

[such] the first municipal election, and the members of council

4

remaining in office shall constitute [such] the borough council

5

until the first Monday of January following the second municipal

6

election following [such decree] the effective date of the

7

ordinance. At [such] the second municipal election, seven

8

members of council shall be elected in [such] the borough, some

9

to serve for a four-year term of office from the first Monday of

10

January following [such] the second municipal election, the

11

remainder to serve for a two-year term, the number in each case

12

[to be such] as necessary to bring the number of members of

13

council to be elected in [such] the borough in succeeding

14

elections into conformity with the number elected in other

15

boroughs of the Commonwealth not divided into wards. Thereafter,

16

at the third and all subsequent municipal elections following

17

[such decree] the effective date of the ordinance, the electors

18

shall elect three or four members of council, as the case may

19

be, each to serve for a term of four years from the first Monday

20

of January following [such] the subsequent municipal election.

21

(3)  Six or fewer members of council, the [decree shall be

22

made so] ordinance shall provide that at the first municipal

23

election thereafter, the electors shall elect a sufficient

24

number of members of council that, when added to the number of

25

members of council already in office whose terms are not about

26

to expire, will bring the membership of council to its full

27

complement of seven. Of [such] the newly elected members of

28

council, either three or four, as necessary to bring the number

29

of members of council to be elected in [such] the borough in

30

succeeding municipal elections into conformity with the number

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1

elected in other boroughs of the Commonwealth not divided into

2

wards, shall be elected for four-year terms of office, beginning

3

the first Monday of January following [such] the first municipal

4

election, and the balance shall be elected for two-year terms.

5

Thereafter, at the second municipal election following [such

6

decree] the effective date of the ordinance and at all

7

subsequent municipal elections, the electors shall elect three

8

or four members of council, as the case may be, to serve for a

9

term of four years from the first Monday of January following

10

[such] the subsequent municipal election.

11

[In any case where a vacancy may occur, at] (b)  At any time

12

following [such decree,] the effective date of the ordinance,

13

where a vacancy may occur in the office of a member of council

14

originally elected or appointed from a particular ward, the

15

person appointed to fill [such] the vacancy need not be a

16

resident of the area formerly comprising [such] the ward, but

17

[need only be a registered elector of the borough] shall be

18

otherwise qualified for office as provided in section 801.

19

Section 817.  Vacancies Created After a Primary Election.--

20

Whenever [a decree of court is made after a primary election

21

and, as a result thereof,] a vacancy is created in the office of

22

member of council by any ordinance or decree of court as

23

provided in this subdivision after a primary election, it may be

24

filled by nomination made by [such] the committee as is

25

authorized by the rules of the party to make nominations in the

26

event of vacancies on the party ticket.

27

Section 818.  Decrease in Number of Members of Council.--The

28

court of common pleas may, upon petition of at least five

29

percent of the registered electors of any borough not divided

30

into wards, which, according to the latest official census, had

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1

a population of not more than three thousand, reduce the total

2

number of members of council for [such] the borough from seven

3

to five or to three. The sufficiency of the number of signers to

4

[any such] the petition shall be ascertained as of the date when

5

the petition is presented to court.

6

The court shall give notice of the filing of [such] the 

7

petition by advertisement in the legal [journal] newspaper of

8

the county, if one is published in the county, and in one

9

newspaper [of general circulation in the borough], and in [such]

10

the notice shall fix a day and time for hearing. After [such]

11

the hearing, the court may decrease the number of members of

12

council elected in [such] the borough from seven to five or

13

three, as requested in the petition.

14

At the municipal election following the decrease in the

15

number of members of council in [such] the borough, from seven

16

to five, if four members of council would otherwise have been

17

elected, there shall instead be elected three members of

18

council; if three members of council would otherwise have been

19

elected there shall instead be elected two members of council.

20

At the second municipal election following the decrease in the

21

number of members of council in [such] the borough, if four

22

members of council would otherwise have been elected, there

23

shall instead be elected three members of council; if three

24

members of council would otherwise have been elected, there

25

shall be elected two members of council. At all following

26

municipal elections, there shall be elected the proper number of

27

members of council to correspond to the number of members of

28

council whose terms are to expire the first Monday of the

29

following January.

30

At the municipal election following the decrease in the

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1

number of members of council in [such] the borough from seven to

2

three, if four members of council would otherwise have been

3

elected there shall instead be elected two members of council;

4

if three members of council would otherwise have been elected

5

there shall instead be elected one member of council. At the

6

second municipal election following the decrease in the number

7

of members of council in [such] the borough, if four members of

8

council would otherwise have been elected, there shall instead

9

be elected two members of council; if three members of council

10

would otherwise have been elected, there shall be elected one

11

member of council. At all the following municipal elections,

12

there shall be elected the proper number of members of council

13

to correspond to the number of members of council whose terms

14

are to expire the first Monday of the following January.

15

In any borough where, under the provisions of this section,

16

the number of members of council shall be reduced, the members

17

of council then in office shall remain in office until the end

18

of their respective terms. If [any such] a borough shall

19

thereafter attain a population in excess of three thousand,

20

according to the latest official census, the number of members

21

of council shall automatically be increased from three or five

22

to seven, following the reverse of the procedure set forth in

23

the third or fourth paragraph of this section, as the case may

24

be.

25

Section 60.  Article VIII subdivision (c) heading, section

26

821, subdivision (d) heading, section 831, subdivision (e)

27

heading, section 841, subdivision (f) heading, section 851,

28

subdivision (g) heading and section 861 of the act are repealed:

29

[(c)  Mayor

30

Section 821.  Election of Mayor.--Electors of every borough

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1

shall, at the municipal election in the year 1969, and every

2

four years thereafter, elect one person as mayor, who shall hold

3

office for a term of four years from the first Monday of January

4

next succeeding his election.

5

(d)  Auditors

6

Section 831.  Election of Auditors.--The qualified electors

7

in boroughs electing auditors, and not accepting the provisions

8

of this act providing for the office of controller, shall elect,

9

at each municipal election, one auditor for a term of six years,

10

to hold office from the first Monday of January next succeeding

11

his election.

12

(e)  Controller

13

Section 841.  Election of Controller.--The qualified electors

14

in every borough having a controller, and in every borough

15

accepting the provisions of this act relating to the controller,

16

shall, at the municipal election in the year 1969, and every

17

four years thereafter, elect as borough controller one person

18

who shall be a competent accountant and a registered elector of

19

the borough, for at least four years prior to his election. The

20

person so chosen shall serve for a term of four years from the

21

first Monday of January next succeeding his election.

22

(f)  Assessors

23

Section 851.  Election of Assessors.--At the municipal

24

election in the year 1967 and at the municipal election every

25

four years thereafter, the qualified electors of every borough

26

shall elect a properly qualified person for assessor in such

27

borough. The provisions of this section shall not apply to those

28

boroughs where, under the applicable county assessment law, the

29

office of elected assessor in boroughs has been abolished. No

30

justice of the peace shall at the same time hold the office of

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1

assessor.

2

(g)  Tax Collector

3

Section 861.  Election of Tax Collector.--The qualified

4

electors of every borough shall, at the municipal election in

5

the year 1969, and every four years thereafter, elect one

6

properly qualified person as tax collector of the borough. No

7

justice of the peace shall at the same time hold the office of

8

tax collector.]

9

Section 61.  Article IX heading of the act is reenacted to

10

read:

11

ARTICLE IX

12

VACANCIES IN OFFICE

13

Section 62.  Section 901 of the act, amended June 25, 2001

14

(P.L.651, No.56), is amended to read:

15

Section 901.  Filling Vacancies in Elective Borough

16

Offices.--(a)  If any vacancy shall occur in the office of the

17

mayor, member of council, auditor, controller, [assessor,] or

18

tax collector, by death, resignation, [removal] termination of

19

residency from the borough, or from a ward in the case of a ward

20

office, or by failure to take the required oath or to give bond

21

as provided by law or ordinance, provide the affidavit required

22

under section 801, or in any other manner whatsoever, the

23

borough council shall fill [such] the vacancy within thirty days

24

by appointing, by resolution, a registered elector of the

25

borough, or of the ward in case of a ward office, to hold [such]

26

the office, if the term [thereof] continues so long, until the

27

first Monday in January after the first municipal election

28

occurring more than sixty days after the vacancy occurs, at

29

which election an eligible person shall be elected to the office

30

for the remainder of the term. [No] Except as provided in

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1

section 801(b), no person shall be appointed to fill a vacancy

2

in an elected borough or ward office unless [he or she] the

3

person has resided within the borough, or within the ward in the

4

case of a ward office, continuously for at least one year

5

immediately prior to [his or her] the person's appointment.

6

[The person appointed shall give bond if required by law or

7

ordinance.

8

In cases where the person elected to the office shall fail to

9

give bond, if any, required or to take the required oath, the

10

borough council, before making the appointment, shall declare

11

the office vacant.]

12

(b)  The person appointed shall give bond if required by law

13

or ordinance. In cases where the person elected to the office

14

shall fail to give any bond required, provide the affidavit

15

required under section 801 or to take the required oath, the

16

borough council, before making the appointment, shall declare

17

the office vacant.

18

(c)  If the council of any borough shall refuse, fail or

19

neglect, or be unable, for any reason whatsoever, to fill any

20

vacancy within thirty days after the vacancy happens, as

21

provided in this section, then the vacancy shall be filled

22

within fifteen additional days by the vacancy board. [Such] The 

23

board shall consist of the borough council exclusive of the

24

mayor, and one registered elector of the borough who shall be

25

appointed by the borough council at the council's first meeting

26

each calendar year or as soon thereafter as practical and who

27

shall act as [chairman] chair of the vacancy board. The board

28

shall appoint a registered elector of the borough, [(]or ward in

29

the case of a ward office[)], to hold [such] the office, if the

30

term [thereof] continues so long, until the first Monday in

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1

January after the first municipal election occurring more than

2

sixty days after the vacancy occurs, at which election an

3

eligible person shall be elected to the office for the remainder

4

of the term.

5

(d)  If the vacancy is not filled by the vacancy board within

6

fifteen days, the [chairman] chair shall, or in the case of a

7

vacancy in the [chairmanship] chair, the remaining members of

8

the vacancy board shall petition the court of common pleas to

9

fill the vacancy by the appointment of a registered elector of

10

the borough [(],or ward in the case of a ward[)], to hold [such]

11

the office, if the term [thereof] continues so long, until the

12

first Monday in January after the first municipal election

13

occurring more than sixty days after the vacancy occurs, at

14

which election an eligible person shall be elected to the office

15

for the remainder of the term.

16

(e)  In the case where there are vacancies in more than a

17

majority of the offices of council, the court of common pleas

18

shall fill [such] the vacancies upon presentation of petition

19

signed by not less than fifteen registered electors of the

20

borough.

21

Section 63.  Section 902 of the act is amended to read:

22

Section 902.  Collection of Taxes Where Vacancy in Office of

23

Tax Collector Not Filled.--Where a vacancy in the office of tax

24

collector exists and no [resident] registered elector of the

25

borough has, within thirty days, received the appointment to

26

fill [such] the vacancy, the county commissioners, the borough

27

council and the board of school directors of the school district

28

shall collect the tax for the county, the borough, and the

29

school district, respectively, through their respective

30

treasurers, or in the case of school districts at the option of

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1

the district through their secretaries, and in the case of

2

boroughs, at the option of the borough council, through their

3

secretaries or borough managers.

4

Section 64.  Section 903 of the act, amended June 25, 2001

5

(P.L.651, No.56), is amended to read:

6

Section 903.  Right of Council to Declare Seat of Member

7

Vacant for Failure to Qualify.--If any person, elected or

8

appointed as a member of council, who has been notified of

9

election or appointment, shall refuse or neglect to qualify as

10

[such] a member of council within ten days next succeeding the

11

beginning of the person's term of office, unless prevented by

12

sickness or prevented by necessary absence from the borough, the

13

borough council, acting without [such] the person, may declare

14

the person's office as member of council vacant, and may fill

15

[such] the vacancy as provided in section 901 [of this act]. For

16

such actions a majority of the remaining members of the council

17

shall constitute a quorum.

18

Section 65.  Section 904 of the act, amended June 25, 2001

19

(P.L.651, No.56), is repealed:

20

[Section 904.  Right of Council to Declare Seat of Member

21

Vacant for Failure to Attend Meetings, Etc.--If any person,

22

having qualified as a member of council, shall neglect or refuse

23

to attend two successive regular meetings unless detained by

24

sickness, or prevented by necessary absence from the borough, or

25

if in attendance at any meetings shall neglect or refuse to vote

26

or by withdrawal from council or otherwise refuse to act in the

27

person's official capacity as a member of council, the borough

28

council, acting without such person, may declare the person's

29

office as a member of council vacant, and may fill such vacancy

30

as provided in section 901 of this act. For such actions a

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1

majority of the remaining members of the council shall

2

constitute a quorum.

3

No such office shall be declared vacant for failure to attend

4

meetings of the council until the holder thereof shall have been

5

given opportunity of hearing before the remaining members of the

6

council, at which time he shall show cause why he shall not be

7

removed. He shall be given at least ten days' written notice of

8

the time and place of such hearing.]

9

Section 66.  Section 905 and Article X and subdivision (a)

10

headings of the act are reenacted to read:

11

Section 905.  Temporary Auditor.--If for any reason two or

12

three vacancies exist in the office of borough auditors, the

13

council may temporarily appoint and reasonably compensate a

14

qualified person, who need not be an elector of the borough, who

15

shall have all the powers and duties of the two or three

16

auditors whose offices are vacated.

17

ARTICLE X

18

POWERS AND DUTIES OF ELECTED

19

BOROUGH OFFICIALS

20

(a)  Council

21

Section 67.  Section 1001 of the act, amended June 25, 2001

22

(P.L.651, No.56), March 22, 2002 (P.L.207, No.17) and April 2,

23

2002 (P.L.236, No.28), is amended to read:

24

Section 1001.  Organization of Council; Quorum; Participation

25

by Telecommunication Device; Voting; Compensation;

26

Eligibility.--(a)  The borough council shall organize on the

27

first Monday of January of each even-numbered year, by electing

28

one of their number as president and one of their number as

29

vice-president, who shall hold [such] the offices at the

30

pleasure of the council. If the first Monday is a legal holiday,

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1

the meeting and organization shall take place the first day

2

following. Any action taken by any borough council at any time

3

between 12:01 o'clock ante meridian on January 1 of an even-

4

numbered year and the organization of council in that year shall

5