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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GINGRICH, ROSS, CREIGHTON, FREEMAN AND SANTARSIERO, JUNE 21, 2011 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 21, 2011 |
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| AN ACT |
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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. |
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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. |
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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 |
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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. |
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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. |
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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 |
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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. |
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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. |
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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 |
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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 |
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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. |
|
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 |
|
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. |
|
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 |
|
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]"; |
|
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. |
|
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 |
|
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 |
|
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: |
|
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 |
|
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, |
|
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 |
|
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: |
|
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 |
|
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 |
|
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 |
|
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 |
|
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; |
|
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.] |
|
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. |
|
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 |
|
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 |
|
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 |
|
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; |
|
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: |
|
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 |
|
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 |
|
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: |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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. |
|
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. |
|
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 |
|
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 |
|
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, |
|
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 |
|
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 |
|
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 |
|
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: |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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 |
|
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: |
|
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 |
|
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 |
|
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] |
|
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: |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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; |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 | be subject to reconsideration by the new council at any time |
6 | within ten days after [such] organization. The council may at |
7 | the organization meeting [elect such] appoint other officers as |
8 | may be provided for by law or ordinance, or as may be deemed |
9 | necessary for the conduct of affairs of the borough and may |
10 | transact [such] any other business as may come before the |
11 | meeting. The president, and during the president's absence or |
12 | incapacity the vice-president, shall preside over the meetings |
13 | of council and perform [such] other duties as are prescribed by |
14 | this act or by ordinance. |
15 | (b) A majority of the membership of council then in office |
16 | shall constitute a quorum. Only council members physically |
17 | present at a meeting place within the borough shall be counted |
18 | in establishing a quorum. |
19 | (c) Council may provide for the participation of council |
20 | members in meetings of council by means of telecommunication |
21 | devices, such as telephones or computer terminals, which permit, |
22 | at a minimum, audio communication between locations, provided |
23 | that: |
24 | (1) A majority of the membership of council then in office |
25 | is physically present at the advertised meeting place within the |
26 | borough and no council member counting toward the quorum or |
27 | toward the majority of the vote has been disqualified from |
28 | voting as a matter of law. |
29 | (2) The telecommunication device used permits the member or |
30 | members of council not physically present at the meeting to: |
|
1 | (i) speak to and hear the comments and votes, if any, of the |
2 | members of council who are physically present as well as other |
3 | members of council who may not be physically present and who are |
4 | also using a telecommunication device to participate in the |
5 | meeting; and |
6 | (ii) speak to and hear the comments of the public who are |
7 | physically present at the meeting. |
8 | (3) The telecommunication device used permits the members of |
9 | council and the members of the public who are physically present |
10 | at the meeting to speak to and hear the comments and the vote, |
11 | if any, of the member or members of council who are not |
12 | physically present at the meeting. |
13 | (4) Nothing in this subsection shall be construed to limit |
14 | the protections and prohibitions contained in any law or |
15 | regulation relating to the rights of the disabled. |
16 | (d) A member of the council shall not be disqualified from |
17 | voting on any issue before the council solely because the member |
18 | has previously expressed an opinion on the issue in either an |
19 | official or unofficial capacity. |
20 | (e) Members of council may receive compensation to be fixed |
21 | by ordinance [at any time and from time to time] as follows: |
22 | (1) In boroughs with a population of less than five |
23 | thousand, a maximum of eighteen hundred seventy-five dollars |
24 | ($1875) a year[; in]. |
25 | (2) In boroughs with a population of five thousand or more |
26 | but less than ten thousand, a maximum of two thousand five |
27 | hundred dollars ($2500) a year[; in]. |
28 | (3) In boroughs with a population of ten thousand or more |
29 | but less than fifteen thousand, a maximum of three thousand two |
30 | hundred fifty dollars ($3250) a year[; in]. |
|
1 | (4) In boroughs with a population of fifteen thousand or |
2 | more but less than twenty-five thousand, a maximum of four |
3 | thousand one hundred twenty-five dollars ($4125) a year[; in]. |
4 | (5) In boroughs with a population of twenty-five thousand or |
5 | more but less than thirty-five thousand, a maximum of four |
6 | thousand three hundred seventy-five dollars ($4375) a year[; and |
7 | in]. |
8 | (6) In boroughs with a population of thirty-five thousand or |
9 | more, a maximum of five thousand dollars ($5000) a year. |
10 | [Such] The salaries shall be payable monthly or quarterly for |
11 | the duties imposed by the provisions of this act. Benefits |
12 | provided to members of council under section [1202(37)] 1202(26) |
13 | shall not be considered pay, salary or compensation, but payment |
14 | for all or a part of the premiums or charges for the benefits |
15 | shall be in accordance with section [1202(37).] 1202(26). Any |
16 | change in salary, compensation or emoluments of the elected |
17 | office shall become effective at the beginning of the next term |
18 | of the member of council. |
19 | (f) The population shall be determined by the latest |
20 | available official census figures. In no case shall the |
21 | compensation for any member of council exceed that of the mayor |
22 | in any given borough[: Provided, however, That] but wherever the |
23 | mayor's compensation exceeds that authorized by this section for |
24 | members of council, the president of council may receive |
25 | compensation not to exceed that of the office of mayor. |
26 | Section 68. Sections 1002, 1003 and 1004 of the act, amended |
27 | June 25, 2001 (P.L.651, No.56), are amended to read: |
28 | Section 1002. Oath of Members of Council.--Before entering |
29 | upon the duties of their office, the members of council shall |
30 | take and subscribe an oath or affirmation [to support the |
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1 | Constitution of the United States and of the Commonwealth of |
2 | Pennsylvania and to perform the duties of their office with |
3 | fidelity, together with such loyalty oath as is prescribed and |
4 | required by law] of office under 53 Pa.C.S. § 1141 (relating to |
5 | form of oaths of office). The oath or affirmation may be taken |
6 | before any judge or [justice of the peace] magisterial district |
7 | judge of the county, a notary public or before the mayor of the |
8 | borough when [he] the person has qualified, and shall be filed |
9 | with the borough secretary and be preserved among the records of |
10 | the borough for a period of six years. |
11 | Section 1003. When the Mayor May Preside Over Council and |
12 | Vote; Attendance of Mayor at Council Meetings; Breaking Tie |
13 | Votes.--The mayor shall preside over the organization of the |
14 | council, until it is organized as provided in section 1001, and |
15 | [he] shall be deemed a member of council at the organization |
16 | meeting if [his] the mayor's membership becomes necessary to |
17 | constitute a quorum[, but he]. The mayor, however, shall not |
18 | vote [thereat] at the meeting unless [his] the mayor's vote |
19 | shall, for any reason [whatsoever], be required to effect the |
20 | organization of council, or to elect any officer who is required |
21 | to be or may be elected at the organization meeting. In case of |
22 | the absence of the mayor at the organization meeting, one of the |
23 | members of council[,] physically present at the meeting and |
24 | chosen by the members [present] eligible to vote at the meeting, |
25 | shall preside. |
26 | The mayor may attend any or all regular and special meetings |
27 | of council and may take part in the discussions of the council |
28 | on matters pertaining to borough affairs, subject to any |
29 | restrictions applicable to members of council contained in the |
30 | rules of order or bylaws of the council. In all cases where, by |
|
1 | reason of a tie or split vote, the council of any borough shall |
2 | be unable to enact or pass any ordinance, resolution, or motion, |
3 | or to declare any vacancy pursuant to section 903 or fill any |
4 | other vacancy in its membership, or in any other borough office, |
5 | or to take any action on any matter lawfully brought before it, |
6 | the mayor, if in attendance at the meeting, may at [his] the |
7 | mayor's option cast the deciding vote, or [request] shall direct |
8 | that the matter be tabled until a special meeting of council to |
9 | be held within not less than five days or more than ten days at |
10 | which time the matter shall be reconsidered by council and, if a |
11 | tie or split vote still exists, it shall be the duty of the |
12 | mayor at that time to cast the deciding vote. If [such] a tie or |
13 | split vote shall occur at any meeting when the mayor is not in |
14 | attendance the matter shall be tabled to a special meeting to be |
15 | held within not less than five days or more than ten days as set |
16 | by the president of council, and the mayor shall be given at |
17 | least five days' notice of [such] the meeting, at which meeting |
18 | it shall be the duty of the mayor to cast the tie-breaking vote. |
19 | Section 1004. Failure of Council to Organize.--If the |
20 | council of any borough shall fail to organize within ten days |
21 | from the time prescribed in this article, the court of common |
22 | pleas, upon the petition of at least ten registered electors of |
23 | the borough verified by the affidavit of one of the petitioners, |
24 | shall issue a rule upon the delinquent members of council to |
25 | show cause why their seats should not be declared vacant. The |
26 | rule shall be returnable not less than five days from the time |
27 | of its issue and, after hearing, the court may declare the seats |
28 | of [such] the members of council, as are responsible for [such] |
29 | the failure to organize, vacant[,] and shall [thereupon] then |
30 | appoint others in their stead, who shall hold office for the |
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1 | respective unexpired terms. |
2 | Section 69. Section 1005 of the act, repealed in part July |
3 | 12, 1972 (P.L.781, No.185) and amended November 2, 1979 |
4 | (P.L.458, No.94) and June 25, 2001 (P.L.651, No.56), is amended |
5 | to read: |
6 | Section 1005. Powers of Council.--The council of the borough |
7 | shall have power: |
8 | (1) To create, by motion, ordinance or resolution, and |
9 | appoint a treasurer, a secretary, a solicitor, an engineer, a |
10 | street commissioner and [such] other officers as it deems |
11 | necessary. The treasurer and the secretary shall not be members |
12 | of council. A bank or bank and trust company may be appointed as |
13 | treasurer. All officers and employes appointed by the council, |
14 | with the exception of those who under the provisions of this, or |
15 | any other act are under civil service or have a definite term of |
16 | office, shall serve for an indefinite term at the pleasure of |
17 | the council. |
18 | (2) To mitigate or remit fines and forfeitures in reasonable |
19 | cases. |
20 | (3) By resolution, to make temporary loans on the credit of |
21 | the borough in anticipation of taxes to be collected, and to |
22 | issue certificates of indebtedness [therefor. All such]. The |
23 | loans shall be repaid from the first moneys available from taxes |
24 | in anticipation of which the [same] loans were made. |
25 | (4) To appoint and revoke the appointment of one or more |
26 | depositories for borough funds and to fix and approve security |
27 | to be furnished by [any such] the depository. [Such] The |
28 | security may be bonds with corporate or individual securities to |
29 | be approved by council, or collateral security consisting of |
30 | obligations of the United States or the Commonwealth of |
|
1 | Pennsylvania, or any political subdivision thereof, deposited |
2 | with the borough or with any bank or trust company within the |
3 | Commonwealth of a market value of one hundred twenty percent of |
4 | the amount of the deposit to be secured. Any deposit of |
5 | collateral shall be under proper agreement and be accompanied by |
6 | proper assignment or power of attorney for the transfer of the |
7 | collateral. The borough treasurer shall deposit all borough |
8 | funds in any depository so designated, and when so deposited, |
9 | the borough treasurer shall be released and discharged from |
10 | further liability on account of [such] the deposit. [Nothing |
11 | herein contained] This paragraph shall not be construed to |
12 | require a depository to furnish bond or collateral security to |
13 | cover the amount of any deposit to the extent that the same is |
14 | insured with the Federal Deposit Insurance Corporation. |
15 | (5) To secure [such] indemnity bonds or policies of |
16 | insurance as it may deem necessary to protect the borough from |
17 | loss by reason of fire, flood, windstorm, burglary, larceny, |
18 | negligence or dishonesty, insolvency of a depository, or |
19 | otherwise, and to pay for [such] the protection the usual or |
20 | customary costs. |
21 | (6) [To (i) make] With respect to investments, to: |
22 | (i) make investment of borough sinking funds as authorized |
23 | by [the act of July 12, 1972 (P.L.781, No.185), known as the |
24 | "Local Government Unit Debt Act"; (ii)] 53 Pa.C.S. Pt. VII |
25 | Subpt. B (relating to indebtedness and borrowing); |
26 | (ii) make investment of moneys in the General Fund and in |
27 | special funds of the borough other than the sinking funds as |
28 | authorized by Article XIII of this act; and [(iii) liquidate any |
29 | such] |
30 | (iii) liquidate any investment, in whole or in part, by |
|
1 | disposing of securities or withdrawing funds on deposit. Any |
2 | action taken to make or to liquidate any investment shall be |
3 | made by the officers designated by action of the borough |
4 | council. |
5 | (7) To provide by ordinance passed by a two-thirds vote of |
6 | the entire number of members of council elected, for the |
7 | appointment of an independent auditor who shall be a certified |
8 | public accountant, registered in Pennsylvania, a firm of |
9 | certified public accountants so registered or a competent public |
10 | accountant or a competent firm of public accountants. Where |
11 | [such] an ordinance has been [so] adopted, an independent |
12 | auditor shall be appointed, annually, by resolution before the |
13 | close of a fiscal year, to make an independent examination of |
14 | the accounting records of the borough for [such] the fiscal year |
15 | and [such] the independent auditor shall also perform the other |
16 | duties and exercise the powers as conferred upon [him by |
17 | subdivision (k) of article XI of this act] the independent |
18 | auditor under subdivision (c). When an independent auditor is |
19 | appointed as [herein] provided in this paragraph, the office of |
20 | elected borough auditor or controller, as the case may be, is |
21 | thereby abolished although the borough auditors, or controller, |
22 | then in office shall continue to hold their office during the |
23 | term for which elected and the borough auditors or controller |
24 | shall not audit, settle, or adjust the accounts audited by |
25 | [such] the independent auditor but shall perform the other |
26 | duties of their office. |
27 | Whenever any borough has provided by ordinance for the audit |
28 | of its accounts by an appointed auditor, the borough shall have |
29 | the right at any time to repeal [said] the ordinance, and |
30 | [thereupon] then the office of appointed auditor shall be |
|
1 | abolished, as of the date set in [such] the ordinance and [said] |
2 | the borough shall have the further right at the next municipal |
3 | election following the repeal of [said] the ordinance to elect |
4 | three auditors, one for a term of two years, one for a term of |
5 | four years, and one for a term of six years, from the first |
6 | Monday of January succeeding [such] the election, which auditors |
7 | so elected shall succeed the appointed auditor and shall have |
8 | and possess all the powers and perform all the duties provided |
9 | in this act for elected auditors. If at any time after the |
10 | effective date of any [such] ordinance abolishing the office of |
11 | appointed auditor, there shall be a vacancy in the office of |
12 | elected auditor, council shall fill [such] vacancies in the |
13 | manner prescribed in section 901 [of this act]. |
14 | (8) To make, authorize and ratify expenditures for lawful |
15 | purposes from funds available therefor or from funds borrowed |
16 | within legal limits. |
17 | (9) To pay authorized expenses incurred by elected and |
18 | appointed borough officers in connection with their duties or |
19 | other borough business. |
20 | Section 70. Section 1006 of the act, amended April 12, 1976 |
21 | (P.L.93, No.39) and December 12, 1980 (P.L.1194, No. 220), is |
22 | amended to read: |
23 | Section 1006. Duties of Council.--It shall be the duty of |
24 | the borough council: |
25 | (1) To organize, pursuant to section 1001, in even-numbered |
26 | years. |
27 | (2) To meet statedly at least once a month. Council may |
28 | adjourn to a stated time for general business or for special |
29 | businesses. If no quorum is present at a regular, special or |
30 | [adjourned] reconvened meeting, a majority of those who do meet |
|
1 | may agree upon another date for like business [and may continue |
2 | to so agree until the meeting is held]. Special meetings may be |
3 | called by the president of council or upon written request of at |
4 | least one-third of the members [thereof] of council. Members |
5 | shall have at least twenty-four hours' notice of [such] the |
6 | special meetings. The notice shall state whether it is for |
7 | general or special purposes, and, if it is for special purposes, |
8 | the notice shall contain a general statement of the nature of |
9 | the business to be transacted. Presence at a meeting constitutes |
10 | waiver of notice. Council may adopt rules relating to the |
11 | calling and holding of special meetings, which rules shall |
12 | supersede the provisions of this section. |
13 | [(2)] (3) To make and preserve records of its proceedings. |
14 | [(3) To enact, revise, repeal and amend such bylaws, rules, |
15 | regulations, ordinances and resolutions, not inconsistent with |
16 | the laws of the Commonwealth, as it shall deem beneficial to the |
17 | borough and to provide for the enforcement of the same. The |
18 | legislative powers of boroughs including capital expenditures |
19 | not payable out of current funds, shall be exercised by or be |
20 | based on an ordinance. All other powers shall be exercised by |
21 | vote of the majority of council present at a meeting, unless |
22 | otherwise provided.] |
23 | (4) To enact, revise, repeal and amend ordinances and |
24 | resolutions pursuant to Article XXXIII, and bylaws, rules and |
25 | regulations not inconsistent with the laws of this Commonwealth |
26 | as it deems beneficial to the borough and to provide for the |
27 | enforcement of the same. Unless otherwise provided, all powers |
28 | shall be exercised by vote of the majority of council eligible |
29 | to vote at a meeting. Routine, ministerial or administrative |
30 | purchases and powers may be made and exercised by officers or |
|
1 | committees, if authority [therefor] for the action was |
2 | previously given, or if the action is subsequently ratified by |
3 | council. Whenever any action by the council shall result in a |
4 | specific written contract or agreement, [such] the contract or |
5 | agreement shall be signed by the president of the borough |
6 | council. |
7 | [(4) Except where otherwise in this act provided, to publish |
8 | every proposed ordinance or resolution of a legislative |
9 | character once in one newspaper of general circulation in the |
10 | borough not more than sixty days nor less than seven days prior |
11 | to passage. Publication of any proposed ordinance shall include |
12 | either the full text thereof or the title and a brief summary |
13 | prepared by the borough solicitor setting forth all the |
14 | provisions in reasonable detail and a reference to a place |
15 | within the borough where copies of the proposed ordinance may be |
16 | examined. If the full text is not included a copy thereof shall |
17 | be supplied to a newspaper of general circulation in the borough |
18 | at the time the public notice is published. If the full text is |
19 | not included an attested copy thereof shall be filed in the |
20 | county law library or other county office designated by the |
21 | county commissioners who may impose a fee no greater than that |
22 | necessary to cover the actual costs of storing said ordinances. |
23 | In the event substantial amendments are made in the proposed |
24 | ordinance or resolution, before voting upon enactment, council |
25 | shall within ten days readvertise in one newspaper of general |
26 | circulation in the borough, a brief summary setting forth all |
27 | the provisions in reasonable detail together with a summary of |
28 | the amendments.] |
29 | (5) To cause notices to be served, as required by law or |
30 | ordinance, in a manner council may by motion or other action |
|
1 | decide. |
2 | (6) To fix the compensation of all of the borough officers, |
3 | appointees and employes. |
4 | (7) To fix the amount of security to be given by the |
5 | treasurer, and of [such] other officers, appointees and employes |
6 | as it may designate. |
7 | Section 71. Section 1007 of the act, amended July 11, 1996 |
8 | (P.L.549, No.97), is repealed: |
9 | [Section 1007. Passage, Approval and Veto of Ordinances.-- |
10 | (a) Every ordinance and every resolution of legislative |
11 | character except as herein otherwise provided, passed by the |
12 | council, shall be presented to the mayor for his approval. If |
13 | the mayor approves, he shall sign it; but, if he shall not so |
14 | approve, he shall return it with his objections to the council |
15 | at its next regular meeting occurring at least ten days after |
16 | the meeting at which such ordinance was passed by the council, |
17 | when the objections shall be entered upon the minutes and the |
18 | council shall proceed to a reconsideration thereof either at the |
19 | meeting at which the vetoed ordinance was returned or at any |
20 | other regular, special or adjourned meeting held not later than |
21 | ten days thereafter. If, after such reconsideration, two-thirds |
22 | of all the members elected to said council, or a majority of |
23 | council plus one, when the number composing such council is less |
24 | than nine, shall vote to pass such ordinance or resolution, it |
25 | shall become of as full force and effect as if it had received |
26 | the approval of the mayor; but in such case the vote shall be |
27 | determined by yeas and nays, and the names and votes of the |
28 | members shall be entered on the minutes. If any such ordinance |
29 | or resolution shall not be returned by the mayor at the regular |
30 | meeting of the council occurring at least ten days next |
|
1 | succeeding its presentation to him, it shall likewise have as |
2 | full force as if it had been approved. |
3 | (b) The enactment of an ordinance except as herein otherwise |
4 | provided shall be the date when the mayor shall approve it or |
5 | the date of passage by the council over the veto of the mayor, |
6 | or in the case of any ordinance not returned by the mayor at the |
7 | regular meeting of council, occurring at least ten days after |
8 | the meeting at which such ordinance was passed by the council, |
9 | the date of enactment shall be the date of such succeeding |
10 | regular meeting of council. |
11 | (c) When council shall present the mayor with the annual tax |
12 | ordinance referred to in section 1310 of this act, the mayor |
13 | shall within ten days of receiving the tax ordinance approve the |
14 | tax ordinance by affixing his signature thereto or return the |
15 | tax ordinance to the borough secretary with a statement setting |
16 | forth his objections thereto. Council shall proceed to a |
17 | reconsideration thereof at any regular, special or adjourned |
18 | meeting held not later than ten days after the mayor has |
19 | returned the tax ordinance to the secretary with his objections. |
20 | The mayor's objections shall be entered upon the minutes of the |
21 | meeting. A veto of the tax ordinance of the borough may be |
22 | overridden by a vote of two-thirds of all the members of |
23 | council, and thereafter such ordinance shall have full force and |
24 | effect as if it had received the approval of the mayor.] |
25 | Section 72. Section 1008 of the act, amended October 9, 1967 |
26 | (P.L.399, No.181), is repealed: |
27 | [Section 1008. Recording, Advertising and Proof Of |
28 | Ordinances; Codification of Ordinances.--(a) No ordinance, or |
29 | resolution of a legislative character, in the nature of an |
30 | ordinance, shall be considered in force until the same is |
|
1 | recorded in the ordinance book of the borough and has been |
2 | advertised as provided in this article. All ordinances, or |
3 | resolutions of a legislative character in the nature of an |
4 | ordinance, may be proved by the certificate of the borough |
5 | secretary, under the corporate seal, and, when printed or |
6 | published in book or pamphlet form and purporting to be |
7 | published by the authority of the borough, shall be read and |
8 | received as evidence in all courts and places without further |
9 | proof. All borough ordinances shall, within one month after |
10 | their enactment, be recorded by the borough secretary in a book |
11 | provided for that purpose, which shall be at all times open to |
12 | the inspection of citizens. The entry of the borough ordinance |
13 | in the ordinance book by the secretary shall be sufficient, |
14 | without the signature thereto of the president of council, mayor |
15 | or other person. |
16 | Any and all borough ordinances or portions thereof, the text |
17 | of which, prior to the effective date of this act, shall have |
18 | been attached to the ordinance book, shall be considered in |
19 | force just as if the ordinances or portions thereof had been |
20 | recorded directly upon the pages of such ordinance book: |
21 | Provided, That all other requirements of this act applicable to |
22 | the enactment, approval, advertising and recording of such |
23 | ordinances or portions thereof were complied with within the |
24 | time limits prescribed by this act. |
25 | (b) Whenever any borough shall have caused to be prepared a |
26 | consolidation, codification or revision of the general body of |
27 | borough ordinances, or the ordinances on a particular subject, |
28 | the borough council may adopt such consolidation, codification |
29 | or revision as an ordinance of the borough, in the same manner |
30 | that is now prescribed by law for the adoption of borough |
|
1 | ordinances, except as hereinafter provided. |
2 | Any such consolidation, codification or revision of borough |
3 | ordinances to be enacted as a single ordinance shall be |
4 | introduced in the borough council at least thirty days before |
5 | its final enactment, and at least fifteen days before its final |
6 | enactment, notice of the introduction of any consolidation, |
7 | codification or revision, specifying its general nature and |
8 | listing its table of contents, shall be given by advertisement |
9 | in a newspaper of general circulation in said borough. |
10 | When any such consolidation, codification or revision has |
11 | been enacted as an ordinance, it shall not be necessary to |
12 | advertise the entire text thereof, but it shall be sufficient in |
13 | any such case, to publish a notice stating that such |
14 | consolidation, codification or revision, notice of the |
15 | introduction of which had previously been given, was finally |
16 | enacted. |
17 | The procedure set forth in this section for the |
18 | consolidation, codification or revision of borough ordinances as |
19 | a single ordinance may also be followed in enacting a complete |
20 | group or body of ordinances, repealing or amending existing |
21 | ordinances as may be necessary, in the course of preparing a |
22 | consolidation, codification or revision of the borough |
23 | ordinances, except that in such case the advertisement giving |
24 | notice of the introduction shall list, in lieu of a table of |
25 | contents, the titles only of each of the ordinances in such |
26 | complete group or body of ordinances, and the notice following |
27 | enactment shall simply state that such group or body of |
28 | ordinances was passed finally.] |
29 | Section 73. Section 1009 of the act, amended May 1, 1984 |
30 | (P.L.223, No.47), is amended to read: |
|
1 | Section 1009. Typewritten, Printed, [Photostated and] |
2 | Photocopied, Microfilmed and Electronically or Digitally Stored |
3 | Records Valid; Recording or Transcribing Records.--(a) All |
4 | borough records, required to be recorded or transcribed, shall |
5 | be deemed valid if typewritten, printed, [photostated or] |
6 | photocopied, microfilmed [and where] or electronically or |
7 | digitally stored or retained by any other process that |
8 | accurately reproduces the original and forms a durable medium |
9 | for recording, storing and reproducing in accordance with the |
10 | act of May 9, 1949 (P.L.908, No.250), entitled "An act relating |
11 | to public records of political subdivisions other than cities |
12 | and counties of the first class; authorizing the recording and |
13 | copying of documents, plats, papers and instruments of writing |
14 | by digital, photostatic, photographic, microfilm or other |
15 | process, and the admissibility thereof and enlargements thereof |
16 | in evidence; providing for the storage of duplicates and sale of |
17 | microfilm and digital copies of official records and for the |
18 | destruction of other records deemed valueless; and providing for |
19 | the services of the Pennsylvania Historical and Museum |
20 | Commission to political subdivisions." |
21 | (b) Where recording or transcribing in a specified book of |
22 | record is required, including minutes of the proceedings of the |
23 | council, [such] the records [may] shall be recorded or |
24 | transcribed as follows: |
25 | (1) in a mechanical post binder book capable of being |
26 | permanently sealed with consecutively numbered pages with a |
27 | security code printed thereon and a permanent locking device |
28 | with the borough seal being impressed upon each page[,]; or |
29 | (2) in a bound book with pages being consecutively numbered |
30 | by transcribing directly upon the pages of [such] the book of |
|
1 | record or [such] by permanently attaching the records or copies |
2 | [thereof may be attached] to [such] the book of record [by |
3 | stapling or by glue or by any other adhesive substance or |
4 | material, and all records heretofore recorded or transcribed in |
5 | any manner authorized by this section are validated. When any |
6 | record shall be recorded or transcribed after the effective date |
7 | of this act by attaching such record or a copy thereof to the |
8 | book of record as hereinabove provided,] with the borough seal |
9 | [shall be] being impressed upon each page to which [such] the |
10 | record is attached, with each impression [thereof] covering both |
11 | a portion of the attached record and a portion of the page of |
12 | the book of record to which [such] the record is attached. |
13 | (c) All records previously recorded or transcribed in any |
14 | manner authorized by this act at the time the records were |
15 | recorded or transcribed are validated. |
16 | Section 74. Section 1010 of the act, repealed in part April |
17 | 28, 1978 (P.L.202, No.53), is repealed: |
18 | [Section 1010. Appeals from Ordinances.--Complaint as to the |
19 | legality of any ordinance or resolution may be made to the |
20 | court. In cases of ordinances laying out streets over private |
21 | lands, the court shall have jurisdiction to review the propriety |
22 | as well as the legality of the ordinance.] |
23 | Section 75. Sections 1011, 1012 and 1013 of the act are |
24 | repealed: |
25 | [Section 1011. Lost Ordinance Books to be Replaced; |
26 | Recording Ordinances.--Whenever any ordinance book or books are |
27 | lost, destroyed, or become unserviceable, the borough council |
28 | may provide by ordinance for a new ordinance book or books into |
29 | which shall be recorded by the secretary all of the ordinances |
30 | contained in such lost, destroyed or unserviceable ordinance |
|
1 | book or books. The secretary, in recording such ordinances, |
2 | shall make complete copies thereof, including the date of |
3 | enactment and approval and the names of the officers who signed |
4 | the same, and, after notice given, as hereinafter provided, and |
5 | corrections made, shall certify each ordinance as a correct copy |
6 | of the original. |
7 | Section 1012. Ordinance Providing for Recording; Notice.-- |
8 | The ordinance providing for the recording of such ordinances |
9 | shall be recorded in such book, immediately following the |
10 | ordinances so recorded and it shall provide that the secretary |
11 | of the borough, upon the completion of such recording, shall |
12 | publish once, in one newspaper of general circulation in the |
13 | borough, a notice stating that ordinances of the borough |
14 | contained in lost, destroyed, or unserviceable ordinance book or |
15 | books, and that the old books and records of borough ordinances |
16 | and the new ordinance book are open to public inspection for the |
17 | purpose of verification and correction for a period of thirty |
18 | days from the date of the notice. |
19 | Section 1013. Certificate of Secretary.--The secretary of |
20 | the borough, at the expiration of such notice, shall make all |
21 | corrections, and shall then certify that all of the ordinances |
22 | have been compared with the originals and that they are correct |
23 | copies thereof. After the ordinances are recorded, notice |
24 | thereof given, and the certificate of correction made, the |
25 | ordinances so recorded shall take the place of the original |
26 | record and shall be the valid and legal ordinances of the |
27 | borough for the period covered by such new ordinance book.] |
28 | Section 76. Sections 1014, 1015 and 1016 of the act are |
29 | amended to read: |
30 | Section 1014. Hearings Before Council; Witnesses.--Borough |
|
1 | councils may compel the attendance of witnesses and the |
2 | production of books, papers, or other evidence, at any meeting |
3 | of the council, or any committee [thereof, and,] of the council |
4 | and for that purpose may issue subpoenas, signed by the |
5 | president of council or the [chairman] chair of the committee, |
6 | [and cause the same to] which shall be served in any part of |
7 | this Commonwealth. If any witness shall refuse to testify to any |
8 | fact within [his] the witness's knowledge, or to produce any |
9 | books or papers in [his] the witness's possession or control, |
10 | required to be used as evidence in any [such] case, the |
11 | [secretary of the council] borough solicitor shall report the |
12 | facts relating to [such] the refusal to the court of common |
13 | pleas. If the court determines the evidence required of [such] |
14 | the witness to be legal and competent, it shall order [such] the |
15 | witness to testify or produce the evidence required. |
16 | Section 1015. Witness Fees and Mileage.--No person residing |
17 | [without] outside the borough and subpoenaed [as aforesaid,] |
18 | under section 1014 shall be required to respond to the [same] |
19 | subpoena until mileage to and from the borough[,] at the rate |
20 | [of ten cents (10¢) a mile,] established by the borough council |
21 | under the act of July 20, 1979 (P.L.156, No.51), referred to as |
22 | the Uniform Mileage Fee Law, and witness fees as required by law |
23 | relating to witnesses, have been [furnished] paid. |
24 | Section 1016. Examination of Witnesses; Penalty.--Any person |
25 | called as a witness, as provided in this article, may be |
26 | examined under oath, administered by the president of council or |
27 | [chairman] chair of the committee and, for the giving of false |
28 | testimony, shall be liable [to indictment and punishment] for |
29 | prosecution under applicable laws for perjury. |
30 | Section 77. Article X subdivision (b) heading and sections |
|
1 | 1021, 1022, 1023 and 1024 of the act are repealed: |
2 | [(b) Mayor |
3 | Section 1021. Eligibility of Mayor.--No mayor shall hold any |
4 | other borough office or appointment during the term for which he |
5 | is elected, except as is permitted by section 1104 of this act. |
6 | He shall be eligible to succeed himself. He shall not be a |
7 | member of the council, nor shall he preside over or vote at any |
8 | meeting of the council, except as provided in section 1003 of |
9 | this act. |
10 | Section 1022. Incompatible Offices.--No member of Congress |
11 | or any person holding any office or appointment of profit or |
12 | trust under the Government of the United States, or any person |
13 | holding the office of justice of the peace shall at the same |
14 | time be capable of holding the office of mayor. |
15 | Section 1023. Oath of Mayor.--The mayor, before exercising |
16 | the duties of his office, shall take and subscribe an oath or |
17 | affirmation, to support the Constitution of the United States |
18 | and of the Commonwealth of Pennsylvania and to perform the |
19 | duties of his office with fidelity and also any loyalty oath |
20 | required by any other act. The oath or affirmation may be taken |
21 | before any judge or justice of the peace of the county, and |
22 | shall be filed with the borough secretary, and be preserved |
23 | among the records of the borough for a period of six years. |
24 | Section 1024. Salary of Mayor; Fixed by Ordinance.--If the |
25 | mayor is to be paid by salary, such salary shall be fixed by |
26 | ordinance, to be paid from the borough treasury in quarterly, |
27 | monthly or semi-monthly installments on warrants authorized by |
28 | the council. The salary or compensation of a mayor shall not be |
29 | increased or decreased oftener than once in two years.] |
30 | Section 78. Section 1025 of the act, amended March 22, 2002 |
|
1 | (P.L.207, No.17), is repealed: |
2 | [Section 1025. Salary of Mayor Limited.--The salary of the |
3 | mayor shall be established by ordinance and shall not exceed, in |
4 | boroughs with a population of less than five thousand, a maximum |
5 | of two thousand five hundred dollars ($2500) a year; in boroughs |
6 | with a population of five thousand or more but less than ten |
7 | thousand, a maximum of five thousand dollars ($5000) a year; in |
8 | boroughs with a population of ten thousand or more but less than |
9 | fifteen thousand, a maximum of seven thousand five hundred |
10 | dollars ($7500) a year. In any borough with a population in |
11 | excess of fifteen thousand, the salary of the mayor shall not |
12 | exceed five hundred dollars ($500) per annum per thousand |
13 | population or fraction thereof, the population to be determined |
14 | by the latest official census figures. Such salaries shall be |
15 | payable monthly or quarterly for the duties imposed by the |
16 | provisions of this act. Benefits provided to the mayor under |
17 | section 1202(37) shall not be considered pay, salary or |
18 | compensation, but payment for all or a part of the premiums or |
19 | charges for the benefits shall be in accordance with section |
20 | 1202(37).] |
21 | Section 79. Section 1026 of the act is repealed: |
22 | [Section 1026. Salaried Mayor Not to Receive Fees.--Any |
23 | salary paid pursuant to an ordinance shall be in lieu of all |
24 | costs and fees allowed a mayor. Costs and fees shall be taxed |
25 | and collected by the mayor and turned into the borough treasury. |
26 | Any mayor, upon assuming office for any elective or appointive |
27 | term and at any time no sooner than two years thereafter, shall |
28 | be authorized to elect to be paid by the fees and costs |
29 | pertaining to his office or by the salary fixed by ordinance for |
30 | his office, and such mayor shall thereupon receive as his |
|
1 | compensation either the fees and costs, or the fixed salary, as |
2 | elected by him.] |
3 | Section 80. Section 1028 of the act, amended November 29, |
4 | 2004 (P.L.1337, No.170), is repealed: |
5 | [Section 1028. General Powers of Mayor.--(a) The mayor |
6 | shall have power: |
7 | (1) To administer oaths and affirmations in matters |
8 | pertaining to borough affairs. |
9 | (b) In addition to the power granted to mayors by Part V of |
10 | Title 35 of the Pennsylvania Consolidated Statutes (relating to |
11 | emergency management services) and in order to enable him |
12 | effectually to preserve the public peace within the borough, all |
13 | the powers which are devolved by the laws of this Commonwealth |
14 | upon sheriffs, to prevent and suppress mobs, riots and unlawful |
15 | and tumultuous assemblies, are hereby conferred upon the mayor. |
16 | In the event that a state of emergency exists, a mayor shall |
17 | have the authority to request aid and assistance from law |
18 | enforcement officers and agencies from a neighboring |
19 | municipality. In response to a request of a mayor made in |
20 | accordance with this subsection, a municipal police officer |
21 | shall, within the borough from which the request was made, have |
22 | the power and authority to enforce the laws of this Commonwealth |
23 | or otherwise perform the functions of that office as if |
24 | enforcing those laws or performing those functions within the |
25 | territorial limits of his or her primary jurisdiction, subject |
26 | to the limitations and conditions set forth in 42 Pa.C.S. § |
27 | 8953(b) through (e) (relating to Statewide municipal police |
28 | jurisdiction). When the mayor considers that a state of |
29 | emergency exists, he may issue his proclamation, which shall be |
30 | in writing and the contents of which shall be made available to |
|
1 | all news media, declaring a state of emergency for a period not |
2 | to exceed seven days, unless sooner rescinded, modified or |
3 | ratified or extended by resolution of council. In his |
4 | proclamation he may prohibit, for all or any part of the |
5 | borough: |
6 | (1) Any person being on the public streets or in the public |
7 | parks or at any other public place during the hours declared by |
8 | him to be a period of curfew. |
9 | (2) The entry or departure of persons into or from any |
10 | restricted area. |
11 | (3) The sale, purchase or dispensing of any commodities or |
12 | goods, as designated by him. |
13 | (4) The transportation, possession or use of gasoline, |
14 | kerosene or other combustible, flammable or explosive liquids or |
15 | materials, except in connection with the normal operation of |
16 | motor vehicles, normal home use or legitimate commercial use. |
17 | (5) Any other such activities as he reasonably believes |
18 | should be prohibited to help preserve life, health, property or |
19 | the public peace. |
20 | The proclamation shall describe any restrictive area with |
21 | particularity and shall specify the hours during such |
22 | restrictions are to be in effect. |
23 | Any person violating such proclamation of emergency shall be |
24 | guilty of a summary offense and shall, upon conviction, be |
25 | sentenced to pay a fine not to exceed three hundred dollars |
26 | ($300) and costs or to undergo imprisonment not to exceed thirty |
27 | days.] |
28 | Section 81. Section 1029 of the act, amended May 9, 1980 |
29 | (P.L.120, No.47) and December 12, 1980 (P.L.1194, No.220), is |
30 | repealed: |
|
1 | [Section 1029. Duties of Mayor.--It shall be the duty of the |
2 | mayor: |
3 | (1) To preserve order in the borough, to enforce the |
4 | ordinances and regulations, to remove nuisances, to exact a |
5 | faithful performance of the duties of the officers appointed, |
6 | and to perform such other duties as shall be vested in his |
7 | office by law or ordinance. |
8 | (2) Except as provided in section 1006(3), to sign such |
9 | papers, contracts, obligations and documents as may be required |
10 | by law. |
11 | (3) To keep correct accounts of all moneys received by him, |
12 | to render to the council at least once a month an itemized |
13 | statement of all such moneys so received since the last such |
14 | statement, with the date at which and the purpose for which and |
15 | the names of the persons from whom the same was received, and to |
16 | pay all such moneys into the borough treasury, to report to the |
17 | council from time to time on the state of the borough and to |
18 | make recommendations to the council on matters of borough |
19 | concern. The borough shall furnish the mayor with such books and |
20 | forms as are necessary for the conduct of his office. Such books |
21 | and forms shall be and remain the property of the borough and |
22 | shall be surrendered to his successor in office.] |
23 | Section 82. Section 1030 of the act, amended June 25, 2001 |
24 | (P.L.651, No.56), is repealed: |
25 | [Section 1030. When President or Vice-President of Council |
26 | to Act as Mayor.--Whenever the mayor is absent or incapacitated, |
27 | or there is a vacancy in the office, the duties of the office |
28 | shall be discharged by the president of council, or in the |
29 | absence or incapacity of the president of council, or where |
30 | there is a vacancy in the office, by the vice-president of |
|
1 | council. While discharging the duties of mayor, the president or |
2 | vice-president of council shall be entitled to the same salary |
3 | as the mayor would receive, and, during the time such salary is |
4 | paid to the president or vice-president of council as acting |
5 | mayor, the mayor shall not be paid compensation. The president |
6 | or vice-president of council, when acting as mayor, shall have |
7 | power to veto any proposed ordinance or to break a tie, but |
8 | shall not have power to vote as a member of council.] |
9 | Section 83. Article X subdivision (c) heading of the act is |
10 | reenacted to read: |
11 | (c) Auditors |
12 | Section 84. Section 1041 of the act, amended February 10, |
13 | 1976 (P.L.9, No.6), is amended to read: |
14 | Section 1041. Auditors to Meet Yearly, and Audit Accounts[; |
15 | Uniform Forms].--(a) The auditors of the borough shall meet on |
16 | the first Tuesday of January of each year, and shall organize by |
17 | the election of a [chairman] chair and a secretary. If the first |
18 | Tuesday is a legal holiday, the meeting and organization shall |
19 | take place the first day following. Two auditors shall |
20 | constitute a quorum. |
21 | (b) The auditors shall audit, adjust, and settle the |
22 | accounts of the tax collectors, the [justice of the peace,] |
23 | magisterial district judge and all officers of the borough, and |
24 | may also audit, adjust and settle the accounts of any person, |
25 | corporation, association, organization, committee or commission |
26 | receiving or expending borough funds[; and shall prepare a |
27 | report thereof, which shall contain an audit of the accounts of |
28 | the last fiscal year, and shall also show a complete statement |
29 | of the financial condition of the borough, giving in detail the |
30 | actual indebtedness, the amount of the funded debt, the amount |
|
1 | of the floating debt, the valuation of taxable property therein, |
2 | the assets of the borough with the character and value thereof, |
3 | and the date of maturity of the respective forms of funded debt |
4 | thereof. Such report shall be prepared within ninety days after |
5 | the close of the fiscal year]. |
6 | [(c) The amount of any balance or shortage, or of any |
7 | expenditure of a kind, or made in a manner, prohibited or not |
8 | authorized by statute, which causes a financial loss to the |
9 | borough, shall be a surcharge against any officer against whom |
10 | such balance or shortage shall appear, or who by vote, act, or |
11 | neglect, has permitted or approved such expenditure, but no |
12 | elected or appointed official of a borough shall be surcharged |
13 | for any act, error or omission in excess of the actual financial |
14 | loss sustained by the borough, and any surcharge shall take into |
15 | consideration as its basis the results of such act, error or |
16 | omission and the results had the procedure been strictly |
17 | according to law. The provisions hereof limiting the amount of |
18 | any surcharge shall not apply to cases involving fraud or |
19 | collusion on the part of officers, nor to any penalty enuring to |
20 | the benefit or payable to the Commonwealth. |
21 | (d) After such report has been prepared and executed by the |
22 | auditors, it shall be the duty of the auditors to file a copy of |
23 | the report with the secretary of the borough, with the clerk of |
24 | the court of common pleas of the county, with the Pennsylvania |
25 | Department of Transportation and with the Department of |
26 | Community Affairs. Such reports shall be filed by the auditors |
27 | of the borough not later than ninety days after the close of the |
28 | fiscal year. Any auditor refusing or wilfully neglecting to file |
29 | such report shall, upon conviction in a summary proceeding, be |
30 | sentenced to pay a fine of five dollars ($5) for each day's |
|
1 | delay beyond the last day for filing such report and costs, but |
2 | the total fine which may be imposed and collected for any such |
3 | offense shall not exceed two hundred dollars ($200). If the |
4 | failure to file such report within the period specified is due |
5 | to the failure of the auditors to prepare the statement upon |
6 | which said report is to be based, said fine shall be imposed |
7 | upon all of the auditors. |
8 | (e) In any matter involving any financial transaction, any |
9 | official knowingly and wilfully acting contrary to law, shall be |
10 | guilty of a misdemeanor, and on conviction thereof, may be |
11 | sentenced to pay a fine not exceeding one hundred dollars |
12 | ($100), and his office may be forthwith declared vacant as may |
13 | seem meet and just to the court passing sentence. |
14 | (f) The uniform form for the annual auditors' report and the |
15 | annual financial statement, hereinafter required to be made, |
16 | shall be prepared by a committee as provided in article XIII of |
17 | this act. |
18 | (g) The auditors shall also audit and report to the borough |
19 | council, upon the accounts of every officer of the borough, upon |
20 | the death, resignation, removal or expiration of the term of |
21 | such officer.] The auditors shall also audit and report to the |
22 | borough council, upon the accounts of every officer of the |
23 | borough, upon the death, resignation, removal or expiration of |
24 | the term of the officer. Unless otherwise agreed to by the |
25 | auditors and the person being audited, the audit shall be |
26 | conducted at the place the records of the person are normally |
27 | kept. |
28 | (b.1) All orders, vouchers and certificates of indebtedness |
29 | which have been paid shall, on their presentation to the |
30 | auditors, be canceled by writing or stamping the word "audited" |
|
1 | on the face thereof. |
2 | Section 85. Section 1042 of the act is repealed: |
3 | [Section 1042. Orders and Vouchers to be Marked "Audited".-- |
4 | All orders, vouchers and certificates of indebtedness, which |
5 | have been paid, shall, on their presentation to the auditors, be |
6 | cancelled by writing or stamping the word "audited" on the face |
7 | thereof.] |
8 | Section 86. Section 1043 of the act, amended December 17, |
9 | 1986 (P.L.1691, No.201), is repealed: |
10 | [Section 1043. Completion of Auditors' Report; Publication |
11 | of Financial Statement.--The auditors shall complete such audit, |
12 | adjustment and settlement, as soon as possible. The auditors |
13 | shall within ten days thereafter publish, by advertisement in at |
14 | least one newspaper of general circulation in the borough, a |
15 | concise financial statement setting forth the balance in the |
16 | treasury at the beginning of the fiscal year, all revenues |
17 | received during the fiscal year by major classifications, all |
18 | expenditures made during the fiscal year by major functions, and |
19 | the current resources and liabilities of the borough at the end |
20 | of the fiscal year, the gross liability and net debt of the |
21 | borough, the amount of the assessed valuation of the borough, |
22 | the assets of the borough with the character and value thereof, |
23 | the date of the last maturity of the respective forms of funded |
24 | debt, and the assets in each sinking fund.] |
25 | Section 87. Sections 1044, 1045, 1047, 1048 and 1049 of the |
26 | act are repealed: |
27 | [Section 1044. Appeals from Audit.--It shall be lawful for |
28 | the borough, or any taxpayer thereof, on its behalf, or any |
29 | officer whose account is settled or audited, to appeal from the |
30 | settlement or audit, as shown in the auditors' report, to the |
|
1 | court of common pleas of the county, not later than forty days |
2 | from the date of filing of the auditors' report with the clerk |
3 | of the court of quarter sessions. |
4 | Section 1045. Taxpayers Appealing to Enter Bond.--No appeal |
5 | by a taxpayer or officer shall be allowed, unless, at the time |
6 | of taking such appeal, the appellant shall enter into bond in |
7 | the sum of one thousand dollars ($1000) with sufficient surety, |
8 | to prosecute the same with effect and to pay all costs accruing |
9 | thereon, in case, if the appellant is a taxpayer, he shall fail |
10 | to obtain a final decision more favorable to the borough than |
11 | that awarded by the auditors, or, in case, if the appellant is |
12 | an accounting officer, he shall fail to obtain a final decision |
13 | more favorable to the officer than that awarded by the auditors. |
14 | Unless such bond is filed as hereinbefore provided, the court of |
15 | common pleas, upon application, shall set aside the appeal. |
16 | Section 1047. Procedure on Appeals.--Any person interested |
17 | may order the appeal upon the argument list, and evidence may be |
18 | taken before any person authorized to administer oaths, upon |
19 | rule for that purpose served upon the opposite party. In any |
20 | proceeding upon an appeal from a report of auditors, the |
21 | accounts of the office or officers, or the person, corporation, |
22 | association, organization, committee or commission in question |
23 | may be investigated de novo, and the burden shall be upon each |
24 | officer, person, corporation, association, organization, |
25 | committee or commission, whose accounts are involved in the |
26 | appeal, of establishing his right to credits claimed by him or |
27 | it, but the opposing party in such appeal may use any facts, |
28 | figures, or findings of the report of audit as prima facie |
29 | evidence against any officer or other entity. |
30 | When more than one appeal from a report of such auditors |
|
1 | shall have been taken, whether by the borough or an officer or |
2 | officers thereof, or by a taxpayer, or any or all of them, the |
3 | court shall, on its own motion, or upon motion of any party |
4 | interested, direct the several appeals to be disposed of in a |
5 | single proceeding. |
6 | Section 1048. Framed Issues.--Whenever any matter of fact is |
7 | in dispute, the court of common pleas is authorized to frame an |
8 | issue for the trial thereof. |
9 | Section 1049. Findings of Fact and Law; Judgment.--After |
10 | hearing, the court shall file its findings of fact and law and |
11 | enter judgment in accordance therewith, and the judgment so |
12 | entered may be enforced, by any appropriate proceedings, by the |
13 | party prevailing.] |
14 | Section 88. Section 1050 of the act, repealed in part June |
15 | 3, 1971 (P.L.118, No.6), is repealed: |
16 | [Section 1050. Exceptions and Appeals.--Exceptions to the |
17 | ruling of the court, shall be permitted as in other cases.] |
18 | Section 89. Sections 1051 and 1052 of the act are repealed: |
19 | [Section 1051. Balances Due to be Entered as Judgments.--Any |
20 | balance, in any report of the auditors, against any officer of |
21 | the borough, shall constitute a surcharge against such officer, |
22 | as fully as if expressly stated in said report to be a |
23 | surcharge, and the amount of any balance, and of any express |
24 | surcharge, shall, if no appeal is taken, or after an appeal has |
25 | been finally determined, be entered by the prothonotary as a |
26 | judgment, against such officer and in favor of the borough. The |
27 | clerk of the court of quarter sessions shall certify the amount |
28 | of every balance or surcharge, contained in any such report, |
29 | from which no appeal has been taken within time herein provided, |
30 | to the court of common pleas, for entry thereof by the |
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1 | prothonotary as a judgment. Any taxpayer of the borough may |
2 | enforce the collection thereof, for the benefit of the borough, |
3 | by action or execution, upon filing in the court of common pleas |
4 | a bond, in the sum of one thousand dollars ($1000) with one or |
5 | more sureties, conditioned to indemnify the borough from all |
6 | costs which may accrue in the proceedings undertaken by such |
7 | taxpayer, subject, however, to all rights of appeal from the |
8 | report of auditors granted by this act. If any person or persons |
9 | have been, or shall be, surcharged for an illegal purchase, and |
10 | no fraud or collusion is shown and the surcharge is paid to the |
11 | borough, then the article purchased shall become the property of |
12 | the person or persons surcharged. |
13 | Section 1052. Attorney to Auditors.--The borough auditors |
14 | may employ an attorney whenever the same is deemed advisable by |
15 | a majority of the auditors. |
16 | The compensation of such attorney shall be fixed by the |
17 | auditors, and shall not exceed the sum payable to one auditor |
18 | for the making of the annual audit, unless a larger compensation |
19 | shall be allowed by council, or shall be specially allowed by a |
20 | court in connection with any proceeding before such court, and |
21 | shall be payable by the borough out of the general fund of the |
22 | borough.] |
23 | Section 90. Section 1053 of the act, amended June 25, 2001 |
24 | (P.L.651, No.56), is amended to read: |
25 | Section 1053. Compensation of Auditors.--(a) Subject to the |
26 | limitations set forth in subsection (b), each auditor shall |
27 | receive [no less than five dollars ($5) nor more than] ten |
28 | dollars ($10)[, as council may determine,] per hour for each |
29 | hour or portion thereof necessarily employed in the discharge of |
30 | his duties, to be paid by the borough. |
|
1 | (b) No auditor in a borough having a population of ten |
2 | thousand or less shall be entitled to receive more than one |
3 | thousand dollars ($1,000) for completing the annual audit, |
4 | settlement and adjustment. No auditor in a borough having a |
5 | population in excess of ten thousand shall be entitled to |
6 | receive more than two thousand dollars ($2,000) for completing |
7 | the annual audit, settlement and adjustment. |
8 | (c) Each auditor shall be reimbursed for travel costs |
9 | incurred in the performance of the auditing duties at the rate |
10 | established by the borough council under the act of July 20, |
11 | 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee |
12 | Law, and for other actual expenses, including postage, notary |
13 | fees or publication costs, necessarily incurred during the |
14 | audit. |
15 | Section 91. Section 1054 of the act is repealed: |
16 | [Section 1054. Penalty for Failure to Comply with Law.--In |
17 | case of any neglect or refusal to comply with the provisions of |
18 | the preceding sections of this article, any auditor so |
19 | neglecting or refusing shall upon conviction thereof in a |
20 | summary proceeding, be sentenced to pay a fine of not more than |
21 | one hundred dollars ($100), and in default of the payment of the |
22 | fine and costs, shall be imprisoned for not more than ten days.] |
23 | Section 92. Section 1055 of the act is amended to read: |
24 | Section 1055. [Auditors May Compel Attendance of |
25 | Witnesses.--The] Subpoenas; Oath; Perjury.--(a) A majority of |
26 | the auditors of any borough[, or a majority of them,] shall have |
27 | the power to issue subpoenas to obtain the attendance of the |
28 | [officers] persons whose accounts they are required to adjust, |
29 | their executors, and administrators, and of any persons whom it |
30 | may be necessary to examine as witnesses, and to compel their |
|
1 | attendance, and may also compel the production of all documents, |
2 | including books, vouchers and papers relative to borough |
3 | accounts. If any person shall refuse or neglect to appear [or], |
4 | to produce documents or to testify, the auditors shall petition |
5 | the court of common pleas of the county to issue a subpoena to |
6 | [such] the person and to require [him] the person to produce |
7 | documents or to appear and to testify before the court. The |
8 | court shall issue [such] the subpoena if it deems the documents |
9 | or testimony relevant to the issue. |
10 | (b) The auditors of any borough shall have power to |
11 | administer oaths and affirmations to all persons brought or |
12 | appearing before them, whether accountants, witnesses, or |
13 | otherwise. Persons guilty of swearing or affirming falsely on |
14 | the examination shall be guilty of perjury. |
15 | Section 93. Sections 1056 and 1057 of the act are repealed: |
16 | [Section 1056. Auditors May Administer Oaths; Penalty.--The |
17 | auditors of any borough, or a majority of them, shall have power |
18 | to administer oaths and affirmations to all persons brought or |
19 | appearing before them, whether accountants, witnesses, or |
20 | otherwise; and all persons guilty of swearing or affirming |
21 | falsely on such examination shall be liable to indictment and |
22 | punishment for perjury. |
23 | Section 1057. Persons Refusing to Testify to be Committed.-- |
24 | If any person, appearing before such auditors for examination, |
25 | shall refuse to take such oath or affirmation, or, after having |
26 | been sworn or affirmed, shall refuse to make answer to such |
27 | questions as shall be put to him by the auditors touching the |
28 | accounts or the official conduct of such person or any |
29 | corporation, association, organization, committee or commission |
30 | with which such person shall be connected, then the auditors may |
|
1 | petition the court to issue its subpoena as hereinbefore |
2 | provided.] |
3 | Section 94. Sections 1058 and 1059 of the act are amended to |
4 | read: |
5 | Section 1058. Pay of Witnesses.--Witnesses, other than |
6 | officers of the borough, attending before the auditors, and |
7 | persons or officers serving subpoenas, shall be paid, out of the |
8 | borough treasury upon authorization signed by a majority of the |
9 | auditors and orders drawn on the borough treasury, the same fees |
10 | as are payable for rendering similar services in civil |
11 | proceedings before a [justice of the peace and the amount |
12 | thereof] magisterial district judge. The amount paid shall be |
13 | made a part of the charge against any officer who shall be |
14 | charged by the auditors with any balance[: Provided, That any |
15 | such], provided that the costs shall have been incurred in |
16 | establishing [said] the balance. [Upon collection of any such |
17 | costs from any officer, they] The costs collected from any |
18 | officer shall be repaid into the borough treasury. |
19 | Section 1059. Auditors to Settle Accounts Where Witnesses Do |
20 | Not Appear.--If any person in possession of [books, vouchers, or |
21 | papers,] documents relative to public accounts before auditors, |
22 | shall refuse to produce the same, or, if any officer whose |
23 | accounts are to be settled and adjusted by [such] the auditors |
24 | shall refuse to attend or submit to examination as is |
25 | [hereinbefore] directed by this subdivision, the auditors or a |
26 | majority of them may proceed, by the examination of witnesses |
27 | and other evidence, to ascertain and settle as near as may be, |
28 | the amount of public money received by [such] the officer and |
29 | its application to public purposes or otherwise. |
30 | Section 95. The act is amended by adding sections to read: |
|
1 | Section 1059.1. Completion, Filing and Publication of |
2 | Auditor's Report and Financial Statement.--(a) The auditors |
3 | shall complete the annual audit, adjustment and settlement as |
4 | soon as possible after the end of the fiscal year. The auditors |
5 | shall, within ten days after completing the annual audit, |
6 | publish once in at least one newspaper a concise financial |
7 | statement setting forth: |
8 | (1) the balance in the treasury at the beginning of the |
9 | fiscal year; |
10 | (2) all revenue received during the fiscal year by major |
11 | classifications; |
12 | (3) all expenditures made during the fiscal year by major |
13 | functions and the current resources and liabilities of the |
14 | borough at the end of the fiscal year; |
15 | (4) the gross liability and net debt of the borough; |
16 | (5) the amount of assessed valuation of the borough; |
17 | (6) the assets of the borough with their character and |
18 | value; |
19 | (7) the date of the last maturity of the respective forms of |
20 | funded debt; and |
21 | (8) the assets in each sinking fund. |
22 | (b) The auditors shall prepare a report which shall contain |
23 | an audit of the accounts of the last fiscal year and shall also |
24 | show a complete statement of the financial condition of the |
25 | borough, giving in detail the following: |
26 | (1) the actual indebtedness; |
27 | (2) the amount of unfunded debt; |
28 | (3) the amount of floating debt; |
29 | (4) the valuation of taxable property in the borough; |
30 | (5) the assets of the borough with their character and |
|
1 | value; and |
2 | (6) the date of maturity of the respective forms of funded |
3 | debt of the borough. |
4 | The reports shall be prepared no later than ninety days after |
5 | the close of the fiscal year. It shall be the duty of the |
6 | secretary of the auditors to file a copy of the report with the |
7 | secretary of the borough, with the clerk of the court of common |
8 | pleas of the county or the prothonotary under local rules of |
9 | court, with the Department of Transportation and with the |
10 | Department of Community and Economic Development no later than |
11 | ninety days after the close of the fiscal year. Any secretary of |
12 | the auditors refusing or willfully neglecting to file the report |
13 | shall be guilty of a summary offense. If the failure to file the |
14 | report within the period specified is due to the failure of any |
15 | or all of the auditors to prepare the statement upon which the |
16 | report is to be based, the auditor or auditors shall be guilty |
17 | of a summary offense. |
18 | (c) The secretary of the auditors shall serve, by registered |
19 | or certified mail, notice to every elected or appointed official |
20 | against whom a balance or shortage appears in the report |
21 | required under subsection (b). The notice shall be served prior |
22 | to the filing of the report and shall indicate the amount of the |
23 | balance or shortage and a brief description of how the balance |
24 | or shortage was derived. The notice shall also indicate that the |
25 | balance or shortage is deemed a surcharge pursuant to section |
26 | 1059.3 and shall apprise the officer served of the right to |
27 | appeal pursuant to section 1059.4. Service of notice is complete |
28 | when the notice is properly addressed, postage prepaid and |
29 | mailed. Failure to receive the notice required by this |
30 | subsection shall not constitute grounds for relief from any |
|
1 | judgment entered pursuant to this article. |
2 | (d) The annual auditors report and the annual financial |
3 | statement shall be presented on a uniform form prepared by a |
4 | committee as provided in Article XIII. |
5 | Section 1059.2. Attorney to Auditors.--The borough auditors |
6 | may employ an attorney whenever deemed advisable by a majority |
7 | of the auditors. The auditors, with the agreement of borough |
8 | council, shall determine the compensation to be paid to the |
9 | attorney. If the auditors and borough council cannot agree on |
10 | the compensation, upon petition of the auditors, the court of |
11 | common pleas shall establish the compensation for the attorney |
12 | employed by the auditors. The compensation for the attorney |
13 | shall be paid out of the borough general fund. |
14 | Section 1059.3. Surcharge by Auditors.--(a) The amount of |
15 | any balance or shortage or of any expenditure of a kind, or made |
16 | in a manner prohibited or not authorized by statute which causes |
17 | a financial loss to the borough, shall be a surcharge against |
18 | any officer against whom the balance or shortage shall appear, |
19 | or who by vote, act or neglect has permitted or approved the |
20 | expenditure. No elected or appointed official of a borough may |
21 | be surcharged for any act, error or omission in excess of the |
22 | actual financial loss sustained by the borough, and any |
23 | surcharge shall take into consideration as its basis the results |
24 | of the act, error or omission and the results had the procedure |
25 | been strictly in accordance with law. The provisions limiting |
26 | the amount of any surcharge shall not apply to cases involving |
27 | fraud or collusion on the part of officers, nor to any penalty |
28 | enuring to the benefit of or payable to the Commonwealth. |
29 | Notwithstanding this section, the procedures in the act of May |
30 | 25, 1945 (P.L.1050, No.394), known as the "Local Tax Collection |
|
1 | Law," shall apply to balances and shortages in the tax accounts |
2 | of the tax collector. |
3 | (b) In any matter involving a financial transaction, any |
4 | official knowingly and willfully acting contrary to law shall be |
5 | guilty of a misdemeanor, and upon conviction, may be sentenced |
6 | to pay a fine not exceeding one hundred dollars ($100). |
7 | Section 1059.4. Appeals from Audit.--It shall be lawful for |
8 | the borough, or any taxpayer of the borough, on its behalf, or |
9 | any person whose account is settled or audited, to appeal from |
10 | the settlement or audit, as shown in the auditors report, to the |
11 | court of common pleas of the county, not later than forty days |
12 | from the date of the filing of the auditor's report with the |
13 | clerk of common pleas. |
14 | Section 1059.5. Taxpayers Appealing to Enter Bond.--No |
15 | appeal by a taxpayer or officer may be allowed, unless within |
16 | the time of taking the appeal, the appellant shall secure a bond |
17 | in the sum of one thousand dollars ($1,000) with sufficient |
18 | surety, to prosecute the appeal and to pay all costs of appeal, |
19 | in case, if the appellant is a taxpayer, the appellant fails to |
20 | obtain a final decision more favorable to the borough than that |
21 | awarded by the auditors, or, in case, if the appellant is an |
22 | accounting officer, the appellant fails to obtain a final |
23 | decision more favorable to the officer than that awarded by the |
24 | auditors. Unless the bond is filed as provided in this section, |
25 | the court of common pleas, upon application, shall set aside the |
26 | appeal. |
27 | Section 1059.6. Procedure on Appeals.--(a) In any |
28 | proceeding upon an appeal from a report of the auditors, the |
29 | accounts of the office or officers, or the person, corporation, |
30 | association, organization, committee or commission in question |
|
1 | may be investigated de novo, and the burden shall be upon each |
2 | officer, person, corporation, association, organization, |
3 | committee or commission whose accounts are involved in the |
4 | appeal of establishing the person's right to credits claimed by |
5 | the person, but the opposing party in the appeal may use any |
6 | facts, figures or findings of the report of the auditors as |
7 | prima facie evidence against any officer or other entity. |
8 | (b) When more than one appeal from a report of the auditors |
9 | shall have been taken, the court shall, on its own motion or |
10 | upon motion of any interested party, direct the several appeals |
11 | to be disposed of in a single proceeding. |
12 | Section 1059.7. Findings of Fact and Law; Judgment; |
13 | Appeals.--After the hearing, the court shall file its findings |
14 | of fact and law and enter judgment accordingly, and the judgment |
15 | so entered may be enforced by the prevailing party by any |
16 | appropriate proceeding. Appeals from the court's ruling may be |
17 | taken in accordance with law. |
18 | Section 1059.8. Attorney Fees.--(a) Upon final |
19 | determination of an appeal taken under section 1059.4 from any |
20 | report, audit or settlement of the account of any borough |
21 | officer, attorney fees shall be awarded as follows: |
22 | (1) If in the opinion of the court the final determination |
23 | is more favorable to the borough officer involved than that |
24 | awarded by the auditors, the borough shall pay reasonable |
25 | attorney fees or, under subsection (c), a portion of reasonable |
26 | attorney fees incurred by the officer in connection with the |
27 | surcharge proceeding. |
28 | (2) In the case of an appeal taken by the borough or a |
29 | taxpayer, if in the opinion of the court the final determination |
30 | is more favorable to the borough than that awarded by the |
|
1 | auditors, the borough officer who is the subject of the |
2 | surcharge proceeding shall pay reasonable attorney fees or, |
3 | under subsection (c), a portion of reasonable attorney fees |
4 | incurred by the borough, elector or taxpayer in connection with |
5 | the surcharge proceeding. |
6 | (3) If in the opinion of the court the final determination |
7 | is in part more favorable to the borough and in part more |
8 | favorable to the borough officer involved in the surcharge |
9 | proceeding than that awarded by the auditors, the court may |
10 | order the borough to pay a portion of reasonable attorney fees |
11 | incurred by the officer in connection with the surcharge |
12 | proceeding or it may order the borough officer who is the |
13 | subject of the surcharge proceeding to pay a portion of |
14 | reasonable attorney fees incurred by the borough or taxpayer in |
15 | connection with the surcharge proceeding. |
16 | (b) The counsel fees in case of appeals involving accounts |
17 | other than those of borough officers shall be allocated in the |
18 | court's discretion. |
19 | Section 1059.9. Balances Due to be Entered as Judgments.--A |
20 | balance in a report of the auditors against an officer of the |
21 | borough shall constitute a surcharge against the officer as |
22 | fully as if expressly stated in the report to be a surcharge. |
23 | The amount of a balance and of any express surcharge shall, if |
24 | no appeal is taken, or after an appeal has been finally |
25 | determined in favor of the borough, be entered by the |
26 | prothonotary as a judgment against the officer. The clerk of the |
27 | court of common pleas shall certify the amount of every balance |
28 | or surcharge contained in a report from which no appeal has been |
29 | taken within the time provided under this article to the court |
30 | of common pleas for entry by the prothonotary as a judgment. Any |
|
1 | taxpayer of the borough may enforce the collection of the |
2 | balance or surcharge for the benefit of the borough, by action |
3 | or execution, upon filing in the court of common pleas a bond, |
4 | in the sum of one thousand dollars ($1,000) with one or more |
5 | sureties, conditioned to indemnify the borough from all costs of |
6 | the proceedings undertaken by the taxpayer, subject, however, to |
7 | all rights of appeal from the report of auditors granted by this |
8 | act. If a person has been or shall be surcharged for an illegal |
9 | purchase, and no fraud or collusion is shown and the surcharge |
10 | is paid to the borough, then the article purchased shall become |
11 | the property of the person surcharged. |
12 | Section 1059.10. Penalty for Failure to Comply with Law.-- |
13 | (a) An auditor neglecting or refusing to comply with the |
14 | provisions of this article shall be guilty of a summary offense. |
15 | (b) An auditor who is financially interested, directly or |
16 | indirectly, in a borough transaction commits a summary offense. |
17 | Section 1059.11. General Powers and Duties of Independent |
18 | Auditor.--(a) When an independent auditor is appointed pursuant |
19 | to section 1005(7), the independent auditor shall have the same |
20 | powers and duties and be subject to the same penalties as the |
21 | auditors under this article. The independent auditor shall |
22 | annually examine, audit and settle all accounts in which the |
23 | borough is concerned. The audit shall consist of an examination |
24 | in accordance with generally accepted auditing standards and |
25 | shall include tests of the accounting records and other auditing |
26 | procedures as the independent auditor considers necessary in the |
27 | circumstances. |
28 | (b) The independent auditor shall audit the accounting |
29 | records of the borough for the fiscal year and shall prepare a |
30 | report on the examination which shall be subject to appeal in |
|
1 | the same manner as reports of the auditors under this article. |
2 | The report shall set forth: |
3 | (1) The scope of the examination. |
4 | (2) The independent auditor's opinion of the fairness of the |
5 | presentation of the financial statement of the borough, which |
6 | shall show a complete statement of the financial condition of |
7 | the borough, giving in detail the actual indebtedness, the |
8 | amount of unfunded debt, the amount of floating debt, the |
9 | valuation of the taxable property in the borough, the assets of |
10 | the borough with their character and value and the date of the |
11 | maturity of the respective forms of funded debt of the borough. |
12 | (3) The amount of any balance or shortage or any expenditure |
13 | of any kind or made in a manner prohibited or not authorized by |
14 | a statute which came to the independent auditor's attention |
15 | during the course of the examination and which, in the |
16 | independent auditor's opinion, causes a financial loss to the |
17 | borough as provided in section 1059.3, shall be a surcharge |
18 | against an officer against whom the balance or shortage shall |
19 | appear, subject to appeal, entry as judgment, certification and |
20 | enforcement as provided in this article. |
21 | (c) The independent auditor may employ an attorney subject |
22 | to the provisions of section 1059.8, except that the employment |
23 | shall be with the consent of borough council. |
24 | (d) Sections 1055, 1058 and 1059, relating to witnesses, |
25 | shall apply to proceedings initiated by independent auditors. |
26 | (e) The compensation of the independent auditor shall be |
27 | determined by council and paid by borough funds. |
28 | Section 96. Article X subdivision (d) heading of the act is |
29 | reenacted to read: |
30 | (d) Controller |
|
1 | Section 97. Sections 1061, 1062 and 1063 of the act are |
2 | amended to read: |
3 | Section 1061. Oath and Bond of Controller.--The borough |
4 | controller shall, before entering upon the duties of [his] |
5 | office, take the required oath or affirmation [to support the |
6 | Constitution of the United States and of the Commonwealth of |
7 | Pennsylvania and to perform the duties of his office with |
8 | fidelity and any loyalty oath required by any other act. He] of |
9 | office under 53 Pa.C.S. § 1141 (relating to form of oaths of |
10 | office). The controller shall give bond to the borough with a |
11 | surety company to be approved by the council, in [such] a sum as |
12 | [it] council may direct by ordinance [direct], conditioned for |
13 | the faithful discharge of [his] the controller's duties. The |
14 | amount of [said] the bond shall be sufficient to adequately |
15 | protect the borough from any illegal or unfaithful action by the |
16 | controller. The cost of [such] the bond shall be paid by the |
17 | borough. |
18 | Section 1062. Salary of Controller.--The borough council |
19 | shall fix the annual salary of the controller[, and may not |
20 | increase or decrease such salary oftener than once in two |
21 | years]. Any change in salary, compensation or emoluments of the |
22 | elected office shall become effective at the beginning of the |
23 | next term of the controller. |
24 | Section 1063. General Powers and Duties of Controller.--The |
25 | borough controller, shall [superintend] manage the fiscal |
26 | affairs of the borough. [He] The controller shall examine, |
27 | audit, and settle all accounts [whatsoever] in which the borough |
28 | is concerned either as debtor or creditor, where provision for |
29 | the settlement [thereof] is made by law[; and, where no such]. |
30 | Where no provision or an insufficient provision has been made, |
|
1 | [he] the controller shall examine [such] the accounts and report |
2 | to the borough council the relevant facts [relating thereto with |
3 | his] and opinion [thereon] on the accounts. |
4 | In the examination, audit, and settlement of accounts, the |
5 | controller shall have all of the powers and perform all of the |
6 | duties vested in and imposed on the auditors by this act. [He] A |
7 | person guilty of swearing or affirming falsely before the |
8 | controller shall be guilty of perjury. The controller shall make |
9 | and file an annual report of [his] the audit, and make and |
10 | publish the annual financial report in the same form and manner |
11 | and at the same time as in this act required of the auditors of |
12 | the borough. |
13 | The borough controller shall have supervision and control of |
14 | the accounts of all departments, bureaus, and officers of the |
15 | borough, authorized to collect, receive, or disburse the public |
16 | moneys, or who are charged with the management or custody |
17 | [thereof. He] of the accounts. The controller shall audit their |
18 | respective accounts, and may at any time require from any of |
19 | them a statement in writing of any moneys or property of the |
20 | borough in their possession, or under their control, showing the |
21 | amount of cash on hand and the amount deposited in banks and |
22 | banking institutions together with the names of [such] the |
23 | institutions. [He] The controller shall have power to examine |
24 | every [such] account of a borough officer in any bank or banking |
25 | institution to verify the accuracy of the statement of [such] |
26 | the borough, department, bureau or officer and it shall be the |
27 | duty of every [such] department, bureau or officer, and [it |
28 | shall be the duty] of every [such] bank and banking institution, |
29 | its officers and agents, to furnish full information to the |
30 | controller in relation to [such] the account. No banker or |
|
1 | banking institution, its officers or agents, shall be subject to |
2 | prosecution under other laws of this Commonwealth for disclosing |
3 | [any such] information with respect to [any such] an account. |
4 | [He] The controller shall, immediately upon the discovery of any |
5 | default, irregularity, or delinquency, report the same to the |
6 | borough council. [He] The controller shall also audit and report |
7 | upon the accounts of [any such] an officer upon the death, |
8 | resignation, removal, or expiration of the term of the [said] |
9 | officer. |
10 | Section 98. Section 1064 of the act is repealed: |
11 | [Section 1064. Controller May Require Attendance of |
12 | Witnesses; Penalty.--In the making of any audit or settlement, |
13 | and in the authentication of any account or claim or demand |
14 | against the borough, the controller shall have the same power |
15 | and authority to obtain the attendance before him of parties and |
16 | witnesses, and the production of books and papers, and to |
17 | administer oaths and affirmations, as are given by law to the |
18 | borough auditors. All persons guilty of swearing or affirming |
19 | falsely before him shall be liable to indictment and punishment |
20 | for perjury.] |
21 | Section 99. Sections 1065, 1066, 1067 and 1068 of the act |
22 | are amended to read: |
23 | Section 1065. Controller to Countersign Warrants.--The |
24 | borough controller shall countersign all warrants upon the |
25 | borough treasurer, with the form [thereof] of the warrant to be |
26 | prescribed by council, but no warrant shall be countersigned |
27 | unless there is money in the treasury to pay the same. Whenever |
28 | a warrant on the treasurer shall be presented to the controller |
29 | to be countersigned, the person presenting the same shall, if |
30 | the controller requires, produce evidence: |
|
1 | (1) That the amount expressed in the warrant is due to the |
2 | person in whose favor it is drawn. |
3 | (2) That the supplies or service, for payment of which the |
4 | warrant is drawn, have been furnished or performed according to |
5 | law and the terms of the contract. |
6 | Section 1066. Controller to Prevent Appropriation |
7 | Overdrafts.--The borough controller shall not permit any |
8 | appropriation made by the council to be overdrawn. Whenever an |
9 | appropriation is exhausted, the object of which is not complete, |
10 | [he] the controller shall immediately report the fact to the |
11 | council, and accompany [such] the report with a statement of the |
12 | moneys which have been drawn on [such] the appropriation and the |
13 | particular purpose for which they are drawn. |
14 | Section 1067. Amount of Contracts to be Charged Against |
15 | Appropriations.--[Every] A contract involving appropriation of |
16 | money shall designate the item of appropriation on which it is |
17 | founded, and the estimated amount of the expenditure |
18 | [thereunder] shall be charged against [such] the item, and [so] |
19 | certified by the borough controller on the contract, before it |
20 | shall take effect as a contract, and the payment required by |
21 | [such] the contract shall be made from the fund appropriated |
22 | [therefor]. If the controller shall certify [any] a contract in |
23 | excess of the appropriation made [therefor], the borough shall |
24 | not be liable for [such] the excess, but the controller and |
25 | [his] the controller's sureties shall be liable for the same, |
26 | which may be recovered in an action at law by the aggrieved |
27 | contracting party [aggrieved]. It shall be the duty of the |
28 | controller to certify contracts for the payment of which |
29 | sufficient appropriations have been made. |
30 | Section 1068. Controller's Recommendations on Borough |
|
1 | Finances.--The borough controller shall, as often as [he] the |
2 | controller may deem expedient or the council shall direct, |
3 | suggest plans to the council for the management and improvement |
4 | of the borough finances. |
5 | Section 100. Sections 1069 and 1070 of the act are reenacted |
6 | to read: |
7 | Section 1069. Books to be Kept by Controller.--The borough |
8 | controller shall keep a regular set of books, in which shall be |
9 | opened and kept as many accounts, under appropriate titles, as |
10 | may be necessary to show separately and distinctly all the |
11 | estates and property, whatsoever, real and personal, vested in |
12 | the borough, all trusts in the care of the same, all debts due |
13 | and owing the borough, all receipts and expenditures of the |
14 | various departments of the borough government, and all |
15 | appropriations made by council and the sums under the same, |
16 | respectively. |
17 | Section 1070. Appeals from Controller's Report.--Appeals may |
18 | be taken from the settlement and audit of the controller as |
19 | shown in the controller's report to the court of common pleas of |
20 | the county, by the same persons, in the same manner, within the |
21 | same time, subject to the same conditions and procedure, and |
22 | with like effect in every respect, as in this act provided in |
23 | the cases of appeals from the settlement and audit of the |
24 | auditors as shown in their report. |
25 | Section 101. Section 1071 of the act is amended to read: |
26 | Section 1071. Acceptance by Ordinance.--The foregoing |
27 | provisions of subdivision (d) [of this article] shall not become |
28 | operative or effective in any borough not having a controller, |
29 | until the borough shall, by ordinance, accept the provisions of |
30 | subdivision (d) [of this article]. When any borough accepts the |
|
1 | provisions of subdivision (d) [of this article], the court of |
2 | [quarter sessions] common pleas, upon petition of council, shall |
3 | appoint a controller to hold office until the first Monday of |
4 | January, next succeeding the next municipal election at which a |
5 | controller [may] shall be elected under the provisions of this |
6 | act. |
7 | In all boroughs accepting the provisions of subdivision (d) |
8 | [of this article], the borough auditors then in office, or the |
9 | appointed auditor serving as [such] borough auditor, shall |
10 | continue to hold their office until the first day of January |
11 | succeeding the election of a borough controller, after which |
12 | date the office of borough auditor shall be abolished. |
13 | A borough may discontinue the office of controller and either |
14 | reestablish the office of elected auditors, or the position of |
15 | appointed auditor, by repealing the ordinance under which the |
16 | office of controller was created. In any such case, the |
17 | controller in office at the time of [such] the repeal shall |
18 | continue in [such] office until the end of [his] the |
19 | controller's term. |
20 | Section 102. Article X subdivision (e) heading and section |
21 | 1081 of the act are repealed: |
22 | [(e) Assessors |
23 | Section 1081. Powers of Assessors.--The assessors shall have |
24 | all the powers, perform all the duties, be subject to all the |
25 | obligations, and receive the same compensation as is now |
26 | provided by law.] |
27 | Section 103. Article X subdivision (f) heading of the act is |
28 | reenacted to read: |
29 | (f) Tax Collector |
30 | Section 104. Section 1086 of the act, amended October 9, |
|
1 | 1967 (P.L.399, No.181), is amended to read: |
2 | Section 1086. Powers and Duties of Tax Collector.--The tax |
3 | collector shall be the collector of all State, county, borough, |
4 | school, institution district and other taxes, levied within the |
5 | borough by the authorities empowered to levy taxes[, but he]. |
6 | The tax collector shall not collect any tax levied and imposed |
7 | under the act of December 31, 1965 [(P.L.1257),] (P.L.1257, |
8 | No.511), known as "The Local Tax Enabling Act," unless the |
9 | ordinance imposing [such] the tax shall provide that [he] the |
10 | tax collector shall be the collector of the [said] tax. [He] No |
11 | ordinance, however, may authorize the collection of income taxes |
12 | in a manner other than that provided in Chapter 5 of "The Local |
13 | Tax Enabling Act." The tax collector shall, in addition to the |
14 | powers, authority, duties and responsibilities provided for by |
15 | this act, have all the powers, perform all the duties, and be |
16 | subject to all the obligations and responsibilities, for the |
17 | collection of [such] taxes, as are now vested in, conferred |
18 | upon, or imposed upon tax collectors by law. |
19 | Section 105. The act is amended by adding an article to |
20 | read: |
21 | ARTICLE X-A |
22 | MAYOR |
23 | Section 1001-A. Eligibility of mayor. |
24 | No mayor may hold any other borough office or appointment |
25 | during the term for which the mayor is elected, except as is |
26 | permitted under section 1104. The mayor shall be eligible to |
27 | succeed himself. The mayor shall not be a member of council, nor |
28 | shall the mayor preside over or vote at any meeting of council, |
29 | except as provided in section 1003. |
30 | Section 1002-A. Incompatible offices. |
|
1 | No member of Congress or any person holding any office or |
2 | appointment of profit or trust under the Government of the |
3 | United States, or any person holding the office of magisterial |
4 | district judge may at the same time be capable of holding the |
5 | office of mayor. |
6 | Section 1003-A. Oath of mayor. |
7 | The mayor, before exercising the duties of office, shall take |
8 | and subscribe an oath or affirmation of office under 53 Pa.C.S. |
9 | § 1141 (relating to form of oaths of office). The oath or |
10 | affirmation may be taken before a judge or magisterial district |
11 | judge of the county or a notary public and shall be filed with |
12 | the borough secretary and be preserved among the records of the |
13 | borough for a period of six years. |
14 | Section 1004-A. Salary of mayor. |
15 | (a) General rule.--The salary of the mayor shall be |
16 | established by ordinance and shall not exceed the following: |
17 | (1) In boroughs with a population of less than 5,000, a |
18 | maximum of $2,500 a year. |
19 | (2) In boroughs with a population of 5,000 or more but |
20 | less than 10,000, a maximum of $5,000 a year. |
21 | (3) In boroughs with a population of 10,000 or more but |
22 | less than 15,000, a maximum of $7,500 a year. |
23 | (4) In boroughs with a population in excess of 15,000, a |
24 | maximum of $500 per year per 1,000 population or fraction |
25 | thereof, the population to be determined by the latest |
26 | official census figures. |
27 | Benefits provided to the mayor under section 1202(26) shall |
28 | not be considered pay, salary or compensation, but payment |
29 | for all or a part of the premiums or charges for the benefits |
30 | shall be in accordance with section 1202(26). |
|
1 | (b) Change in salary.--A change in salary, compensation or |
2 | emoluments of the elected office shall become effective at the |
3 | beginning of the next term of the mayor. |
4 | Section 1005-A. Salaried mayor not to receive certain fees. |
5 | (a) General rule.--Except as provided in subsection (b), any |
6 | salary paid pursuant to an ordinance shall be in lieu of all |
7 | costs and fees allowed by a mayor. Costs and fees shall be |
8 | collected by the mayor and turned into the borough treasury. |
9 | (b) Marriage ceremony fees.--Nothing in this act shall be |
10 | construed to prevent a mayor from receiving a monetary fee for |
11 | the performance of a marriage ceremony in this Commonwealth |
12 | provided the fee does not exceed $150 for each ceremony |
13 | performed. Prior to performing these ceremonies, the mayor shall |
14 | notify council in writing of the mayor's intention to perform |
15 | marriage ceremonies. The notification shall remain in effect for |
16 | the term of the mayor or until such time as the notification is |
17 | rescinded by the mayor. The mayor shall keep accurate accounts |
18 | of the fees received relating to the performance of marriage |
19 | ceremonies and provide council each quarter with a report of |
20 | moneys received for that period. The quarterly report shall |
21 | include the amount of money received, the names of persons from |
22 | whom money was received along with the date and the location of |
23 | the performed ceremony and shall be considered a public record. |
24 | The receipt of a fee under this subsection shall not be |
25 | considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics |
26 | standards and financial disclosure) and shall not be considered |
27 | compensation under this act. |
28 | Section 1006-A. General powers of mayor. |
29 | (a) Oaths and affirmations.--The mayor shall have power to |
30 | administer oaths and affirmations in matters pertaining to |
|
1 | borough affairs. |
2 | (b) Other powers.--In addition to the power granted to |
3 | mayors by 35 Pa.C.S. Pt. V (relating to emergency management |
4 | services) and in order to enable the mayor to effectually |
5 | preserve the public peace within the borough, the mayor shall |
6 | have the power to prevent and suppress mobs, riots and unlawful |
7 | and tumultuous assemblies. In the event that a state of |
8 | emergency exists, a mayor shall have the authority to request |
9 | aid and assistance from law enforcement officers and agencies |
10 | from a neighboring municipality. In response to a request of a |
11 | mayor made in accordance with this subsection, a municipal |
12 | police officer shall, within the borough from which the request |
13 | was made, have the power and authority to enforce the laws of |
14 | this Commonwealth or otherwise perform the functions of that |
15 | office as if enforcing those laws or performing those functions |
16 | within the territorial limits of his or her primary |
17 | jurisdiction, subject to the limitations and conditions set |
18 | forth in 42 Pa.C.S. § 8953(b), (c), (d) and (e) (relating to |
19 | Statewide municipal police jurisdiction). When the mayor |
20 | considers that a state of emergency exists, the mayor may issue |
21 | a proclamation, which shall be in writing and posted in one or |
22 | more conspicuous places and the contents of which shall be made |
23 | available to all news media, declaring a state of emergency for |
24 | a period not to exceed seven days, unless sooner rescinded, |
25 | modified or ratified or extended by resolution of council. The |
26 | mayor may prohibit in the proclamation, for all or part of the |
27 | borough: |
28 | (1) Any person being on the public streets or in the public |
29 | parks or at any other public place during the hours declared by |
30 | the mayor to be a period of curfew. |
|
1 | (2) The entry or departure of persons into or from any |
2 | restricted area. |
3 | (3) The sale, purchase or dispensing of any commodities or |
4 | goods, as designated by the mayor. |
5 | (4) The transportation, possession or use of gasoline, |
6 | kerosene or other combustible, flammable or explosive liquids or |
7 | materials, except in connection with the normal operation of |
8 | motor vehicles, normal home use or legitimate commercial use. |
9 | (5) Any other activities as the mayor reasonably believes |
10 | should be prohibited to help preserve life, health, property or |
11 | the public peace. |
12 | The proclamation shall describe the specific restricted area |
13 | with particularity and shall specify the hours when restrictions |
14 | are to be in effect. |
15 | A person violating the proclamation of emergency shall be guilty |
16 | of a summary offense and shall, upon conviction, be sentenced to |
17 | pay a fine not to exceed $300 and costs or to imprisonment not |
18 | to exceed 30 days. |
19 | Section 1007-A. Duties of mayor. |
20 | It shall be the duty of the mayor: |
21 | (1) To preserve order in the borough, to enforce the |
22 | ordinances and regulations, to remove nuisances, to exact a |
23 | faithful performance of the duties of the officers appointed |
24 | and to perform any other duties as shall be vested in the |
25 | mayor's office by law or ordinance. |
26 | (2) Except as provided in section 1006(4), to sign |
27 | papers, contracts, obligations and documents as may be |
28 | required by law. |
29 | (3) To collect any costs and fees received and to pay |
30 | the money into the treasury, except as provided in section |
|
1 | 1005-A(b), to report to the council from time to time on the |
2 | state of the borough and to make recommendations to the |
3 | council on matters of borough concern. The borough shall |
4 | furnish the mayor with the necessary dockets, books, forms |
5 | and files as are necessary for the conduct of the mayor's |
6 | office, and which shall be and remain the property of the |
7 | borough and shall be surrendered to the mayor's successor in |
8 | office. |
9 | Section 1008-A. When president or vice-president of council to |
10 | act as mayor. |
11 | When the mayor is absent or incapacitated or there is a |
12 | vacancy in the office, the duties of the office shall be |
13 | discharged by the president of council, or in the absence or |
14 | incapacity of the president of council or where there is a |
15 | vacancy in the office, by the vice-president of council. While |
16 | discharging the duties of mayor, the president or vice-president |
17 | of council shall be entitled to the same salary as the mayor |
18 | would receive and, during the time the salary is paid to the |
19 | president or vice-president of council as acting mayor, the |
20 | mayor shall not be paid compensation. The president or vice- |
21 | president of council, while acting as mayor, shall have power to |
22 | veto a proposed ordinance or to break a tie, but shall not have |
23 | power to vote as a member of council. |
24 | Section 106. Article XI and subdivision (a) headings of the |
25 | act are reenacted to read: |
26 | ARTICLE XI |
27 | POWERS, DUTIES AND RIGHTS OF APPOINTED |
28 | OFFICERS AND EMPLOYES |
29 | (a) General Provisions |
30 | Section 107. Section 1101 of the act is amended to read: |
|
1 | Section 1101. Compensation; Hours and Days of Work; Outside |
2 | Employment.--Appointed officers and employes of the borough |
3 | shall receive [such] compensation for their services as the |
4 | council shall prescribe, and council may also establish the |
5 | hours and days of work and may restrict the outside employment |
6 | of borough employes or any class or category thereof. |
7 | Section 108. Section 1102 of the act is reenacted to read: |
8 | Section 1102. Accounts.--All officers and employes appointed |
9 | by the borough council shall, whenever directed, render their |
10 | accounts to the council for settlement. |
11 | Section 109. Section 1103 of the act, amended October 25, |
12 | 1967 (P.L.484, No.230), is amended to read: |
13 | Section 1103. Bonds.--Whenever an appointed officer or |
14 | employe of any borough, is required by law or by action of |
15 | council to give bond, for the faithful performance of his |
16 | duties, the borough may pay the premium [thereon] on the bond. |
17 | All bonds required to be given by borough officials or employes |
18 | shall be with a surety company authorized by law to act as |
19 | surety. The borough shall pay a proportionate share of the cost |
20 | of the bond of an appointed tax collector in the same ratio as |
21 | provided in section 804 for elected tax collectors. |
22 | Section 110. Section 1104 of the act, amended June 25, 2001 |
23 | (P.L.651, No.56), is amended to read: |
24 | Section 1104. Appointments; Incompatible Offices.--(a) |
25 | Unless there is incompatibility in fact, any elective or |
26 | appointive officer of the borough shall be eligible to serve on |
27 | any board, commission, bureau or other agency created by or for |
28 | the borough, or any borough office created or authorized by |
29 | statute and may accept appointments thereunder, but no mayor or |
30 | member of council shall receive compensation therefor. |
|
1 | (b) No elected borough official of a borough with a |
2 | population of 3,000 or more may serve as an employe of that |
3 | borough. |
4 | (c) Where there is no incompatibility in fact, and subject |
5 | to [the foregoing provisions] subsection (a) as to compensation, |
6 | appointees of council may hold two or more appointive borough |
7 | offices, but no mayor or member of council may serve as borough |
8 | manager [or], as secretary or treasurer, or as a borough police |
9 | officer. |
10 | (d) No person holding the office of [justice of the peace] |
11 | magisterial district judge may at the same time hold [the office |
12 | of borough treasurer] any elected or appointed borough office. |
13 | (e) The offices of secretary and treasurer may be held by |
14 | the same person when [so] authorized by ordinance. |
15 | (f) Nothing [herein] contained in this section shall affect |
16 | the eligibility of any borough official to hold any other public |
17 | office or receive compensation therefor. All appointments to be |
18 | made by the council [or the corporate authorities] shall be made |
19 | by a majority of the members of council [attending the meeting |
20 | at which the appointment is made], unless a different vote is |
21 | required by statute. |
22 | Section 111. Section 1105 of the act, amended December 16, |
23 | 1992 (P.L.1215, No.158), is amended to read: |
24 | Section 1105. Compensation to Aged Employes.--[By ordinance |
25 | a] A borough may provide, by ordinance, for compensation to |
26 | appointees and employes of not less than ten years of |
27 | satisfactory service, and who are not less than sixty years of |
28 | age, upon termination of active employment with the borough a |
29 | proportion of the compensation last paid to them but not in |
30 | excess of fifty percent thereof, including benefits received |
|
1 | under the social security act, if any, as fixed in [said] the |
2 | ordinance or amendment thereto. Any arrangement to provide post- |
3 | retirement compensation to aged appointees and employes pursuant |
4 | to this section shall be a pension plan within the meaning of |
5 | that term pursuant to the act of December 18, 1984 (P.L.1005, |
6 | No.205), known as the "Municipal Pension Plan Funding Standard |
7 | and Recovery Act," and the borough establishing that plan shall |
8 | provide funding of that pension plan in an amount sufficient to |
9 | meet the minimum obligation of the municipality with respect to |
10 | the pension plan pursuant to that act. The expenditures herein |
11 | authorized shall be paid out of the general tax levy for the |
12 | current expenditures of the year, and not by any special tax |
13 | therefor. Nothing [herein] in this section shall preclude any |
14 | appointee or employe of the borough from joining in any pension |
15 | system or municipal retirement system that the borough may |
16 | adopt. [The true intent and purpose hereof is to permit |
17 | boroughs, without exceeding the present general tax limitation, |
18 | to pay to servants in their employ who are too old to |
19 | advantageously join any pensioning or retirement system, a |
20 | reasonable annuity in lieu of joining a pensioning or retirement |
21 | system.] |
22 | Section 112. Section 1105.1, added July 15, 2004 (P.L.710, |
23 | No.79), is reenacted to read: |
24 | Section 1105.1. Retirement Benefits of Employes Transferred |
25 | to Wastewater Authorities--(a) (1) An employe of a wastewater |
26 | authority created by a borough and one or more townships |
27 | pursuant to 53 Pa.C.S. Ch. 56 (relating to municipal |
28 | authorities) that commenced operations after December 1, 2001, |
29 | who satisfies the requirements of paragraph (2) and has past |
30 | service credits under the borough retirement plan may file a |
|
1 | written election with the borough council and the wastewater |
2 | authority to be a member of the borough retirement system. The |
3 | qualified employe shall file the written election within one |
4 | year after the effective date of this section. |
5 | (2) In order to qualify for the option under paragraph (1), |
6 | the employe must satisfy both of the following requirements: |
7 | (i) Immediately prior to the date of transfer of employment |
8 | to the wastewater authority, be an employe of the borough that, |
9 | together with one or more townships, established the wastewater |
10 | authority. |
11 | (ii) Be an active member of the borough's retirement system |
12 | on the date that the employe's employment was transferred to the |
13 | wastewater authority. |
14 | (3) For an employe who files an election under paragraph |
15 | (1), the affected wastewater authority shall: |
16 | (i) Deduct from the employe's salary an amount equal to the |
17 | employe contribution that would have been deducted had the |
18 | employe continued to be a borough employe and shall pay the |
19 | deducted amount to the borough's retirement fund. |
20 | (ii) Pay to the borough's retirement fund an employer |
21 | contribution equal to the employer normal cost plus anticipated |
22 | administrative expenses and amortization payments less general |
23 | municipal pension system State aid expressed as a percentage of |
24 | the system's total payroll as calculated by the borough pursuant |
25 | to the act of December 18, 1984 (P.L.1005, No.205), known as the |
26 | "Municipal Pension Plan Funding Standard and Recovery Act," and |
27 | applied to the payroll of the employe. |
28 | (b) All employes who elect to be members of the borough |
29 | retirement system under this section shall be treated as borough |
30 | employes in determining the borough's annual allocation of |
|
1 | general municipal pension system State aid pursuant to section |
2 | 402(e) of the "Municipal Pension Plan Funding Standard and |
3 | Recovery Act," and the annual allocation of general municipal |
4 | pension system State aid pursuant to section 402(e) of the |
5 | "Municipal Pension Plan Funding Standard and Recovery Act" shall |
6 | be payable to the borough. |
7 | Section 113. Article XI subdivision (b) heading of the act |
8 | is reenacted to read: |
9 | (b) Treasurer |
10 | Section 114. Sections 1106 and 1107 of the act are amended |
11 | to read: |
12 | Section 1106. Bond and Duties.--(a) The borough treasurer |
13 | shall, before entering upon the duties of [his] office, give |
14 | bond in an amount determined by council, conditioned for the |
15 | faithful performance of [his] the treasurer's duties. [He shall |
16 | keep a just account of all receipts and disbursements, and shall |
17 | annually submit his account to the borough auditors or |
18 | controller; he shall pay over all moneys remaining in his hands |
19 | and deliver all books, papers, accounts, and other things |
20 | belonging to the borough, to his successor. All moneys received |
21 | by any officer, or other person, for the use of the borough |
22 | shall be forthwith paid to the borough treasurer. He shall |
23 | deposit all moneys received by him in a bank or banking |
24 | institution in the name of the borough. All expenditures shall |
25 | be paid out of funds in the treasury only when authorized by the |
26 | treasurer, upon an order signed by the president of council and |
27 | the borough secretary and also by the borough controller, if |
28 | any. Such order shall not be executed unless there is money in |
29 | the treasury available therefor.] |
30 | (b) The treasurer shall: |
|
1 | (1) Receive all moneys due the borough and deposit them |
2 | promptly in a designated depository in the name of the borough. |
3 | (2) Keep distinct and accurate accounts of all sums received |
4 | from taxes and other sources, which accounts shall be open to |
5 | the inspection of borough council and any citizen of this |
6 | Commonwealth. |
7 | (3) Pay out all moneys only on direction by the borough |
8 | council, upon an order signed by the president of council and |
9 | the borough secretary, and also by the borough controller, if |
10 | any. The order shall not be executed unless there is money in |
11 | the treasury available. Nothing in this act may preclude the use |
12 | of electronic signatures and transactions to the extent |
13 | authorized by the act of December 16, 1999 (P.L.971, No.69), |
14 | known as the "Electronic Transactions Act," or any other law. |
15 | (4) Annually submit the accounts to the elected auditors, |
16 | independent auditor or controller for settlement. |
17 | (5) Preserve the account books, papers, documents and other |
18 | records of the office and turn them over to the successor in |
19 | office. |
20 | (c) All moneys received by any officer or other person for |
21 | the use of the borough shall be paid to the borough treasurer. |
22 | Section 1107. Assistant Treasurer.--Any borough council may, |
23 | by resolution, appoint an assistant treasurer, who shall not be |
24 | a member of the council. Council may appoint the assistant |
25 | treasurer as the assistant secretary provided that the assistant |
26 | treasurer is not a member of council. The assistant treasurer |
27 | shall assist the treasurer in the performance of [his] the |
28 | treasurer's duties, and, in case of absence or disability of the |
29 | treasurer, shall perform the duties and may exercise the powers |
30 | of the treasurer. |
|
1 | Section 115. Article XI subdivision (c) heading of the act |
2 | is reenacted to read: |
3 | (c) Secretary |
4 | Section 116. Sections 1111, 1112 and 1113 of the act are |
5 | amended to read: |
6 | Section 1111. Duties.--(a) The secretary shall attend all |
7 | meetings of the borough council and shall keep full minutes of |
8 | its proceedings[; he shall transcribe the bylaws, rules, |
9 | regulations and ordinances adopted into a book kept for that |
10 | purpose; he shall preserve the records and documents of the |
11 | borough, and shall have custody of the corporate seal. He shall |
12 | certify copies of any book, paper, record, bylaw, rule, |
13 | regulation, resolution, ordinance or proceeding of the borough, |
14 | under the seal thereof which copies, when so certified, shall be |
15 | admissible in evidence in any court of the Commonwealth. He |
16 | shall attest the execution of all instruments, record all |
17 | ordinances and attest the same by his signature. He shall file |
18 | of record proof of service of all notices required by law, and |
19 | his certificate thereof shall be good evidence of such notice. |
20 | The borough shall furnish the secretary with such dockets, |
21 | books, forms and files as are necessary for the conduct of his |
22 | office, such dockets, books, forms and files to be and remain |
23 | the property of the borough. He shall deliver to his successor |
24 | the seal and all books, papers and other records and things |
25 | belonging to the borough]. |
26 | (b) The secretary shall: |
27 | (1) Record or transcribe the bylaws, rules, regulations and |
28 | ordinances of the borough in accordance with section 1009. |
29 | (2) Preserve the records and documents of the borough, and |
30 | shall have custody of the corporate seal, and shall deliver to |
|
1 | the secretary's successor the seal and all books, papers and |
2 | other records and things belonging to the borough. |
3 | (3) Certify copies of any book, paper, record, bylaw, rule, |
4 | regulation, resolution, ordinance or proceeding of the borough, |
5 | under the seal of the borough which copies, when certified, |
6 | shall be admissible in evidence in any court of the |
7 | Commonwealth. |
8 | (4) Attest the execution of all instruments, record all |
9 | ordinances and attest the same by the secretary's signature, and |
10 | file of record proof of service of all notices required by law, |
11 | and the secretary's certificate shall be good evidence of |
12 | notice. |
13 | (5) Inform council of all borough meetings, including |
14 | special meetings of council. |
15 | (c) The borough shall furnish the secretary with the |
16 | necessary dockets, books, forms and files as are necessary for |
17 | the conduct of the office, and which shall be and remain the |
18 | property of the borough. |
19 | Section 1112. Assistant Secretary.--Every borough council |
20 | may, by resolution, appoint an assistant secretary [who shall, |
21 | in the absence or disability of the secretary, perform the |
22 | duties and exercise the powers of the secretary]. The assistant |
23 | secretary shall assist the secretary in the performance of the |
24 | secretary's duties, and, in case of absence or disability of the |
25 | secretary, shall perform the duties and may exercise the powers |
26 | of the secretary. The assistant secretary may be appointed from |
27 | the membership of the borough council, but shall not be any |
28 | other officer thereof. Council may appoint the assistant |
29 | secretary as the assistant treasurer provided that the assistant |
30 | secretary is not a member of council. |
|
1 | Section 1113. Records Open to Inspection.--The fiscal |
2 | records and documents and the minute book and other records and |
3 | documents of every borough shall be open to the inspection of |
4 | any taxpayer thereto[, at any reasonable time.] in accordance |
5 | with the act of February 14, 2008 (P.L.6, No.3), known as the |
6 | "Right-to-Know Law." |
7 | Section 117. Article XI subdivision (d) heading of the act |
8 | is reenacted to read: |
9 | (d) Solicitor |
10 | Section 118. Section 1116 of the act is amended to read: |
11 | Section 1116. Solicitor to Have Control of Legal Matters.-- |
12 | The legal matters of the borough shall be under the control of |
13 | the borough solicitor, and no department or officer of the |
14 | borough, except as [herein] otherwise provided by law, shall |
15 | employ an additional counsel without the assent or ratification |
16 | of the council. The borough solicitor shall be licensed to |
17 | practice law in this Commonwealth and may be one person or a law |
18 | firm, partnership, association or professional corporation. The |
19 | borough solicitor serves at the pleasure of council. In the |
20 | absence of the solicitor, the law firm of which [he] the |
21 | solicitor is a member or associate may perform any of the duties |
22 | or functions of the solicitor. |
23 | Section 119. Section 1117 of the act, amended July 1, 1992 |
24 | (P.L.344, No.71), is amended to read: |
25 | Section 1117. Duties of Solicitor; Outside Counsel.--(a) |
26 | The borough solicitor[, when directed or requested so to do by |
27 | council or the mayor, shall prepare or approve such bonds, |
28 | obligations, contracts, leases, conveyances, ordinances and |
29 | assurances to which the borough or any department thereof may be |
30 | a party; he shall commence and prosecute all actions brought by |
|
1 | the borough for or on account of any of the estates, rights, |
2 | trusts, privileges, claims, or demands, as well as defend all |
3 | actions or suits against the borough, or any officer thereof, |
4 | wherein or whereby any of the estates, rights, privileges, |
5 | trusts, ordinances, or accounts, of the borough, or any |
6 | department thereof, may be brought in question before any court |
7 | in the Commonwealth; and shall do every professional act |
8 | incident to the office which he may be authorized or required to |
9 | do by the council or the mayor. He shall, whenever required, |
10 | furnish the council, or committees thereof, the mayor, or the |
11 | head of department, with his opinion in writing upon any |
12 | question of law which may be submitted by any of them in their |
13 | official capacities.] shall: |
14 | (1) Prepare or approve, when directed or requested to do so |
15 | by council or the mayor, any bonds, obligations, contracts, |
16 | leases, conveyances, ordinances and assurances to which the |
17 | borough or any department of the borough may be a party. |
18 | (2) Commence and prosecute all actions brought by the |
19 | borough for or on account of any of the estates, rights, trusts, |
20 | privileges, claims or demands of the borough, as well as defend |
21 | the borough or any borough officer against all actions or suits |
22 | brought against the borough or borough officer in which any of |
23 | the estates, rights, privileges, trusts, ordinances or accounts |
24 | of the borough may be brought in question before any court in |
25 | this Commonwealth. |
26 | (3) Furnish the council or committees of the council, the |
27 | mayor or the head of a department, upon request, with an opinion |
28 | in writing upon any question of law which may be submitted by |
29 | any of them in their official capacities. |
30 | (4) Perform every other professional act incident to the |
|
1 | office which the borough solicitor may be authorized or required |
2 | to do by the council or the mayor. |
3 | (b) In the case of a legal dispute between the mayor and |
4 | council, or in any other case where representation of the mayor |
5 | and council by the borough solicitor would create a conflict of |
6 | interest for the borough solicitor, the mayor is authorized to |
7 | employ outside counsel at borough expense, not to exceed [two |
8 | thousand five hundred dollars ($2,500)] four thousand dollars |
9 | ($4,000) in any twelve-month period, to perform necessary legal |
10 | services. |
11 | Section 120. Section 1118 of the act is amended to read: |
12 | Section 1118. Assistant Solicitor.--Every borough council |
13 | may, by resolution, appoint an assistant solicitor who shall |
14 | assist the solicitor in the performance of the solicitor's |
15 | duties and, in the absence or disability of the solicitor, |
16 | perform the duties and exercise the powers of the solicitor. |
17 | Section 121. Article XI subdivision (e) heading of the act |
18 | is reenacted to read: |
19 | (e) Police |
20 | Section 122. Sections 1121, 1122 and 1123 of the act are |
21 | amended to read: |
22 | Section 1121. [Appointment, Suspension, Reduction, |
23 | Discharge, Powers; Mayor to Have Control.--Borough council may, |
24 | subject to the civil service provisions of this act, if they be |
25 | in effect at the time, appoint and remove, or suspend, or reduce |
26 | in rank, one or more suitable persons, citizens of the United |
27 | States of America, as borough policemen, who shall be ex officio |
28 | constables of the borough, and shall and may, within the borough |
29 | or upon property owned or controlled by the borough or by a |
30 | municipal authority of the borough whether such property is |
|
1 | within or outside the limits of the borough, without warrant and |
2 | upon view, arrest, and commit for hearing any and all persons |
3 | guilty of breach of the peace, vagrancy, riotous or disorderly |
4 | conduct or drunkenness, or who may be engaged in the commission |
5 | of any unlawful act tending to imperil the personal security or |
6 | endanger the property of the citizens, or for violating any |
7 | ordinance of the borough for the violation of which a fine or |
8 | penalty is imposed, and notwithstanding any statute pertaining |
9 | to the same or similar offenses. Any person so arrested shall be |
10 | received for confinement by the keepers of the jails, lockups, |
11 | or station houses within the county. |
12 | The borough council may designate one of said policemen as |
13 | chief of police. The mayor of the borough shall have full charge |
14 | and control of the chief of police and the police force, and he |
15 | shall direct the time during which, the place where and the |
16 | manner in which, the chief of police and the police force shall |
17 | perform their duties, except that council shall fix and |
18 | determine the total weekly hours of employment that shall apply |
19 | to the policemen. |
20 | Policemen shall have authority to serve and execute all |
21 | criminal process for the violation of borough ordinances which |
22 | may be issued by the mayor, and shall charge the same fees and |
23 | costs as constables of the borough, but such fees and costs |
24 | shall be collected by the mayor and by him paid into the borough |
25 | treasury. |
26 | The borough may, by ordinance establish a police department |
27 | consisting of chief, captain, lieutenant, sergeants, or any |
28 | other classification desired by the council, and council may, |
29 | subject to the civil service provisions of this act, if they be |
30 | in effect at the time, designate the individuals assigned to |
|
1 | each office, but the mayor shall continue to direct the manner |
2 | in which the persons assigned to the office shall perform their |
3 | duties. The mayor may, however, delegate to the chief of police |
4 | or other officers supervision over and instruction to |
5 | subordinate officers in the manner of performing their duties. |
6 | The mayor may appoint special policemen during an emergency in |
7 | which the safety and welfare of the borough and the public is |
8 | endangered and auxiliary policemen may be appointed as provided |
9 | by general law. |
10 | The borough council may assign the chief of police or any |
11 | member of the police force to undergo a course of training at |
12 | any training school for policemen established and made available |
13 | by the State or Federal government, and may provide for the |
14 | payment by the borough of his expenses while in attendance in |
15 | such school.] Council's Powers; Police.--(a) Council may, by |
16 | ordinance, establish a police department. If council has |
17 | established a police department, the following shall apply: |
18 | (1) Council may appoint police officers, subject to the |
19 | civil service provisions of this act if the provisions are in |
20 | effect at the time of the appointment. |
21 | (2) Council shall have the power to remove, suspend or |
22 | reduce in rank any police officer: |
23 | (i) in accordance with the act of June 15, 1951 (P.L.586, |
24 | No.144), entitled "An act regulating the suspension, removal, |
25 | furloughing and reinstatement of police officers in boroughs and |
26 | townships of the first class having police forces of less than |
27 | three members, and in townships of the second class"; or |
28 | (ii) subject to the civil service provisions of this act if |
29 | the provisions are applicable to the police officer at the time |
30 | of the removal, suspension or reduction in rank. |
|
1 | (3) Council shall designate the ranks in the police |
2 | department, duties of each rank, and may designate one of the |
3 | police officers as chief of police. |
4 | (4) Council may assign any member of the police department |
5 | to attend training classes offered by the Federal or State |
6 | government and may pay the police officer's expenses while |
7 | attending the school. |
8 | (b) Each borough police officer shall have those powers and |
9 | abilities as are granted to police officers under the laws of |
10 | this Commonwealth or the rules of the Supreme Court or the |
11 | ordinances of the borough for which a fine or penalty is imposed |
12 | unless otherwise excepted in this act. |
13 | (c) In any case in which a borough has [heretofore] |
14 | previously appointed [policemen] police officers or established |
15 | a police department by action of council but not [by or] |
16 | pursuant to an ordinance regularly enacted, [such] the action |
17 | shall be deemed to have been a valid exercise of the legislative |
18 | power of the borough [for all purposes the same as though an |
19 | ordinance had been enacted], and all [policemen] police officers |
20 | appointed [thereunder] shall occupy the same status and shall |
21 | have the same rights and privileges as in the case of |
22 | [policemen] police officers appointed under authority of an |
23 | ordinance. |
24 | (d) No police officer may engage in political activity while |
25 | on duty or on borough-owned property. |
26 | Section 1122. Police Serving Under Cooperative Agreement or |
27 | Contract.--Whenever any borough shall have entered into a |
28 | cooperative agreement or contract with any [near or adjacent |
29 | city, borough, or township] municipal corporation, regional |
30 | police force or other governmental entity created by two or more |
|
1 | municipal corporations pursuant to 53 Pa.C.S. Ch. 23 Subch. A |
2 | (relating to intergovernmental cooperation), for the furnishing |
3 | or receiving of police protection, as authorized by clause (35) |
4 | of section 1202 [of this act, such policemen, individually], the |
5 | police force of the municipal corporation, regional police force |
6 | or other governmental entity furnishing the police protection |
7 | shall be appointed and accepted as [policemen] the police force |
8 | of the borough receiving [such] the police service by resolution |
9 | of the borough council [of the said borough. Policemen]. Police |
10 | officers of the police force of a municipal corporation, |
11 | regional police force or other governmental entity so appointed |
12 | shall, however, in so far as civil service and pensions are |
13 | concerned, be deemed to be appointees and employes only of the |
14 | [municipality or township] municipal corporation, regional |
15 | police force or other governmental entity furnishing their |
16 | service and making the original appointment [thereof]. |
17 | Section 1123. Police Badge.--The borough [policemen] police |
18 | officers shall, when on duty, wear a shield or badge with the |
19 | word "Police." |
20 | Section 123. The act is amended by adding a section to read: |
21 | Section 1123.1. Mayor's Powers; Police.--(a) The mayor |
22 | shall have control of the chief of police and the police force. |
23 | (b) The mayor shall direct the time during which, the place |
24 | where and the manner in which the chief of police and the police |
25 | force perform the duties of their rank. |
26 | (c) The mayor may delegate to the chief of police or other |
27 | officer supervision over and instruction to subordinate officers |
28 | in the manner of performing their duties. |
29 | (d) The mayor may activate auxiliary police in accordance |
30 | with general law, and notwithstanding any other provision of |
|
1 | law, the mayor may also activate auxiliary police for purposes |
2 | of crowd and traffic control for limited periods during events |
3 | where, in the mayor's discretion, public safety is promoted by |
4 | the activation of the auxiliary police. |
5 | Section 124. Section 1124 of the act, amended June 15, 1977 |
6 | (P.L.9, No.7), is amended to read: |
7 | Section 1124. Suspension by Mayor.--In addition to the |
8 | powers of council to suspend [policemen] police officers, the |
9 | mayor may, for cause and without pay, suspend any [policemen] |
10 | police officers until the succeeding regular meeting of the |
11 | council, at which time or [thereafter] later the council may, |
12 | subject to the civil service provisions of this act, if they be |
13 | in effect at the time, suspend, discharge, reduce in rank or |
14 | reinstate with pay, [such policemen: Provided, however, That a |
15 | policeman] the police officers. A police officer suspended by |
16 | the mayor may not be reinstated by council at a date earlier |
17 | than ten working days from the date fixed by the mayor for the |
18 | suspension to commence. In any case where the council has |
19 | reinstated a [policeman] police officer, after having been |
20 | suspended by the mayor, the mayor shall not thereafter suspend |
21 | [such policeman] the police officer for reasons arising from the |
22 | same act for which the first suspension was made, or for reasons |
23 | that the council, in reinstating [such policeman] the police |
24 | officer, shall have determined not to be grounds for suspension. |
25 | Section 125. Section 1125 of the act is amended to read: |
26 | Section 1125. Compensation.--The borough police and special |
27 | [policemen] police appointed by the mayor shall receive [such] |
28 | compensation as shall be fixed by the borough council. |
29 | Section 126. Section 1127 of the act, amended June 22, 2000 |
30 | (P.L.325, No.34), is amended to read: |
|
1 | Section 1127. School Crossing Guards.--(a) Upon request of |
2 | the board of school directors of the school district in which a |
3 | borough is wholly or partially located, the borough council may |
4 | appoint school crossing guards who shall have the duty of |
5 | controlling and directing traffic and pedestrians at or near |
6 | schools and who shall be in suitable and distinctive uniform. |
7 | While on duty, these crossing guards shall be under and subject |
8 | to the direction of the mayor. They shall serve at the pleasure |
9 | of the borough council, except as noted in subsection (b), and |
10 | shall not come within the civil service provisions of this act |
11 | and shall not be entitled to participate in any borough pension |
12 | plan or plans now in effect or hereafter effective. The |
13 | compensation of the school crossing guards, if any, shall be |
14 | fixed by the borough council and shall be jointly paid by the |
15 | borough council and the board of school directors, in a ratio to |
16 | be determined by the borough council and board of school |
17 | directors. If the borough council and board of school directors |
18 | are unable to determine the ratio of compensation of the |
19 | crossing guards to be paid by the council and the board, each |
20 | shall pay one-half of the compensation of [such] the crossing |
21 | guards. [Auxiliary policemen] Notwithstanding any other |
22 | provision of law, auxiliary police officers, appointed as |
23 | prescribed by general law, may be designated to serve as |
24 | crossing guards. |
25 | (b) The borough council may [approve] enact an ordinance |
26 | allowing a board of school directors to assume hiring and |
27 | oversight of school crossing guards. Before the borough council |
28 | may [approve such an] enact the ordinance, the board of |
29 | directors of the school district shall [approve] adopt a |
30 | resolution requesting the authority to assume the hiring and |
|
1 | oversight of school crossing guards. The ordinance enacted by |
2 | the borough council shall outline how the police department will |
3 | provide any necessary training and assistance of the school |
4 | crossing guards while on duty. [Such] The school crossing guards |
5 | shall be authorized only in the management of traffic and |
6 | pedestrians in and around areas identified by the police |
7 | department and the school district superintendent or his or her |
8 | designees. The school crossing guards shall not come within the |
9 | civil service provisions of this act, nor shall they fall under |
10 | the bargaining unit of the school district nor be considered an |
11 | employe as defined under section 1101-A of the act of March 10, |
12 | 1949 (P.L.30, No.14), known as the "Public School Code of 1949," |
13 | or a school employee as defined under 24 Pa.C.S. § 8102 |
14 | (relating to definitions), or under any plans hereafter |
15 | effective. [Once] After the ordinance [receives approval] is |
16 | enacted by the borough council, the school district shall assume |
17 | the cost of compensation, including fixing [such] compensation, |
18 | if any, of the school crossing guards. [Auxiliary policemen] |
19 | Notwithstanding any other provision of law, auxiliary police |
20 | officers, appointed as prescribed by general law, may be hired |
21 | by the school district to serve as school crossing guards. The |
22 | board of school directors shall notify the borough council of |
23 | those hired to serve as school crossing guards and request the |
24 | necessary training or assistance be provided as outlined by the |
25 | ordinance. |
26 | Section 127. Article XI subdivision (f) heading of the act |
27 | is reenacted to read: |
28 | (f) Police Pension Fund in Boroughs Having a Police Force |
29 | of Less Than Three Members |
30 | Section 128. Sections 1131 and 1132 of the act are amended |
|
1 | to read: |
2 | Section 1131. Police Pension Fund.--(a) Where a police |
3 | force of less than three full-time members is being maintained, |
4 | the borough may, unless there is a private organization or |
5 | association constituting and managing an existing pension fund |
6 | for the members of the police force in [such] the borough, by |
7 | ordinance, [provide for the purchase of annuity contracts for |
8 | the payment of pensions, or] establish a police pension fund |
9 | into which each member of the police force shall pay an equal |
10 | and proportionate monthly charge to be withheld from the pay of |
11 | [such] the member. |
12 | (b) In lieu of establishing a pension fund in accordance |
13 | with subsection (a), the borough may, by ordinance, provide |
14 | investment or insurance instruments for the purpose of the |
15 | payment of pensions or annuities to the members of the police |
16 | force who receive honorable discharge by reason of age or |
17 | disability and the families of police officers injured or killed |
18 | in service. |
19 | (c) All pension funds or investment or insurance instruments |
20 | established under the provisions of this section shall be under |
21 | the direction of the borough council, or [such] a committee as |
22 | it may designate, and shall be applied under [such] regulations |
23 | as the council may by ordinance prescribe for the benefit of |
24 | [such] the members of the police force as shall receive |
25 | honorable discharge therefrom by reason of age or disability and |
26 | the families of [such as] members of the police force that may |
27 | be injured or killed in the service. Council shall appoint, by |
28 | resolution, a chief administrative officer who shall have the |
29 | primary responsibility for the execution of the administrative |
30 | affairs of the pension plan, subject to the direction of |
|
1 | council. Any allowances made to those who are retired by reason |
2 | of disability or age shall be in conformity with a uniform |
3 | scale. |
4 | (d) The ordinance establishing the police pension fund shall |
5 | prescribe a minimum period of total service, a minimum age, or |
6 | both, after which members of the force may be eligible for |
7 | retirement from active duty. Borough police officers so retired |
8 | shall be subject to service as police reserve, until unfit for |
9 | service by reason of age or disability, when they may be finally |
10 | discharged. |
11 | (e) Payments made on account of police pensions shall be a |
12 | charge on no fund in the treasury of the borough, or under its |
13 | control, other than the police pension fund. |
14 | (f) A borough establishing a police pension fund by |
15 | ordinance pursuant to this section shall provide, from any |
16 | available borough revenue source, funding of that police pension |
17 | fund in an amount sufficient to meet the minimum obligation of |
18 | the borough with respect to the pension fund pursuant to the act |
19 | of December 18, 1984 (P.L.1005, No.205), known as the "Municipal |
20 | Pension Plan Funding Standard and Recovery Act." |
21 | (g) A borough may take, by gift, grant, devise or bequest, |
22 | any money or property real, personal or mixed, in trust for the |
23 | benefit of the police pension fund. The care, management, |
24 | investment and disposal of the trust funds or property shall be |
25 | vested in the officers as the borough shall direct by ordinance |
26 | and shall be governed by the officers, subject to any directions |
27 | not inconsistent with the ordinance as the donors of the funds |
28 | and property may prescribe. |
29 | (h) No person participating in the police pension fund and |
30 | becoming entitled to receive a benefit from the fund may be |
|
1 | deprived of the person's right to an equal and proportionate |
2 | share of the fund upon the basis upon which the person first |
3 | became entitled to the benefit. |
4 | (i) The act of May 29, 1956 (1955 P.L.1804, No.600), referred |
5 | to as the "Municipal Police Pension Law," shall govern any |
6 | borough police pension fund not established under the provisions |
7 | of this section. |
8 | Section 1132. Private Police Pension Funds; Optional |
9 | Transfers.--(a) Where there is a private organization or |
10 | association constituting and managing an existing pension fund |
11 | for the members of the police force in any borough, [such] the |
12 | borough shall establish a police pension for the purpose of |
13 | paying pensions to the members of its police force, if the |
14 | membership of [such] the organization or association, by a two- |
15 | thirds vote, elects to transfer its funds with all its assets |
16 | and liabilities into a borough pension fund, as required to be |
17 | established by this act. |
18 | (b) [Whenever such a private organization or association |
19 | managing an existing police pension fund for the members of the |
20 | police force in any borough elects, by a two-thirds vote, to |
21 | transfer its funds into a borough pension fund, as required to |
22 | be established by this act, all the assets and liabilities of |
23 | such existing fund, shall be transferred. Such] The transfer in |
24 | subsection (a) may be made by the transfer of securities. After |
25 | [such] the transfer, the borough police pension fund shall |
26 | assume the liability of continuing the payment of pensions to |
27 | members of the police force retired prior to [such] the |
28 | transfer, in accordance with the laws and regulations under |
29 | which [such] the members were retired. |
30 | Section 129. Section 1133 of the act, amended May 31, 1984 |
|
1 | (P.L.362, No.72), is repealed: |
2 | [Section 1133. Service Required Before Retirement.--The |
3 | ordinance establishing the police pension fund shall prescribe a |
4 | minimum period of total service, and/or a minimum age after |
5 | which members of the force may be eligible for retirement from |
6 | active duty. Borough policemen so retired shall be subject to |
7 | service as police reserve, until unfitted for such service by |
8 | reason of age or disability, when they may be finally |
9 | discharged.] |
10 | Section 130. Section 1134 of the act, amended December 16, |
11 | 1992 (P.L.1215, No.158), is repealed: |
12 | [Section 1134. Pensions Not to be Charged on Other Funds; |
13 | Pension Plan Funding.--(a) Payments made on account of police |
14 | pensions shall be a charge on no fund in the treasury of the |
15 | borough, or under its control, other than the police pension |
16 | fund. |
17 | (b) The borough establishing a police pension fund by |
18 | ordinance pursuant to this act shall provide, from any available |
19 | borough revenue source, funding of that police pension fund in |
20 | an amount sufficient to meet the minimum obligation of the |
21 | municipality with respect to the pension fund pursuant to the |
22 | act of December 18, 1984 (P.L.1005, No.205), known as the |
23 | "Municipal Pension Plan Funding Standard and Recovery Act."] |
24 | Section 131. Sections 1135, 1136 and 1137 of the act are |
25 | repealed: |
26 | [Section 1135. Gifts to Pension Fund.--Borough may take, by |
27 | gift, grant, devise, or bequest, any money or property real, |
28 | personal, or mixed, in trust for the benefit of such police |
29 | pension fund. The care, management, investment and disposal of |
30 | such trust funds or property shall be vested in such offices as |
|
1 | the borough shall by ordinance direct, and shall be governed by |
2 | such officers, subject to any directions not inconsistent |
3 | therewith as the donors of such funds and property may |
4 | prescribe. |
5 | Section 1136. Rights of Members.--No person participating in |
6 | such police pension fund and becoming entitled to receive a |
7 | benefit therefrom, shall be deprived of his right to an equal |
8 | and proportionate share therein, upon the basis upon which he |
9 | first became entitled thereto. |
10 | Section 1137. Annuity Contracts in Lieu of Establishing a |
11 | Police Pension Fund.--Boroughs may provide annuity contracts for |
12 | the purpose of paying pension or annuities to the members of the |
13 | police force who receive honorable discharge therefrom by reason |
14 | of age or disability and the families of such as may be injured |
15 | or killed in service.] |
16 | Section 132. Article XI subdivision (g) of the act is |
17 | reenacted to read: |
18 | (g) Borough Manager |
19 | Section 133. Sections 1141 and 1142 of the act are amended |
20 | to read: |
21 | Section 1141. Borough Manager May be Created by Ordinance; |
22 | Election.--The council of any borough may, at its discretion at |
23 | any time, create by ordinance the office of borough manager and |
24 | may in like manner abolish the same. While [said] the office |
25 | exists, the council shall, from time to time, and whenever there |
26 | is a vacancy, elect, by a vote of a majority of all the members, |
27 | one person to fill [said] the office[, subject to removal by the |
28 | council at any time by a vote of the majority of all the |
29 | members]. The borough manager shall serve at the pleasure of |
30 | council, subject to contractual rights that may arise under an |
|
1 | employment agreement that may be entered into in accordance with |
2 | section 1142. |
3 | Section 1142. Powers and Duties; Bond.--The powers and |
4 | duties of the borough manager shall be regulated by ordinance. |
5 | Council may enter into an employment agreement with the borough |
6 | manager. The employment agreement may set forth the terms and |
7 | conditions of employment, and the agreement may provide that it |
8 | shall remain in effect for a specified period terminating no |
9 | later than two years after the effective date of the agreement |
10 | or the date of the organizational meeting of council following |
11 | the next municipal election, whichever shall first occur. An |
12 | employment agreement entered into pursuant to this section may |
13 | specify conditions under which a borough manager would be |
14 | entitled to severance compensation, but in no event shall an |
15 | employment agreement guarantee employment through the term of |
16 | the agreement or confer upon the borough manager any legal |
17 | remedy based on specific performance. The council, by ordinance, |
18 | may delegate, subject to recall, any of the nonlegislative and |
19 | nonjudicial powers and duties of the council, the planning |
20 | commission and the shade tree commission, to the borough |
21 | manager. With approval of borough council, the mayor may |
22 | delegate to the borough manager any of [his] the mayor's |
23 | nonlegislative and nonjudicial powers and duties. |
24 | Section 133.1. Section 1143 of the act is reenacted to read: |
25 | Section 1143. Other Offices Not Incompatible.--The offices |
26 | of borough manager, street commissioner, secretary, treasurer |
27 | and chief of police, shall not be incompatible, and any two or |
28 | more or all of the said offices may be held by one person. |
29 | Neither the mayor nor any member of the borough council shall be |
30 | eligible to hold the office of borough manager. |
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1 | Section 134. Article XI subdivision (h) and (i) headings and |
2 | sections 1161, 1162, 1163, 1164, 1165, 1166, 1167 and 1168 of |
3 | the act are repealed: |
4 | [(h) Borough Planning Commission |
5 | (i) Mine and Quarry Inspection and Surface Support |
6 | Section 1161. Ordinance Creating.--Any borough may, by |
7 | ordinance, provide for and regulate mine and quarry inspection |
8 | and surface support. |
9 | Section 1162. Engineer and Other Personnel.--In any such |
10 | borough an engineer, to be appointed by the council, and such |
11 | assistants, clerks and employes as the council may provide, to |
12 | receive such compensation as may be prescribed by council, may |
13 | be appointed to supervise and administer the work of mine and |
14 | quarry inspection and surface support. |
15 | Section 1163. Inspection.--Any such engineer, or assistant |
16 | or other employes may enter, inspect, examine and survey any |
17 | mine, colliery or quarry within the limits of the borough, at |
18 | all reasonable times, either by day or night, but not so as to |
19 | impede or obstruct the workings of such colliery or quarry; and |
20 | may be accompanied by such other persons as may be necessary for |
21 | the purpose of making an examination or survey. The owner, |
22 | operator, or superintendent of such mine, colliery or quarry, |
23 | shall furnish the means necessary for such entry, inspection, |
24 | examination, survey and exit. |
25 | Section 1164. Maps and Drawings.--The owner, operator, or |
26 | superintendent of every mine, colliery or quarry, within three |
27 | months after the passage of an ordinance by any borough |
28 | regulating mine or quarry inspection and surface support, shall |
29 | make or cause to be made and furnish to the borough such map, |
30 | plans and/or drawings of the workings, excavations and surface |
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1 | support as the council may require. In the case of coal mines |
2 | and collieries, the map or plan shall exhibit the workings or |
3 | excavations in every seam of coal on a separate sheet, and the |
4 | tunnels and passages connecting with such workings or |
5 | excavations. It shall show in degrees the general inclination of |
6 | the strata, with any material deflection therein in the workings |
7 | or excavations, and shall also show the tidal elevations of the |
8 | bottom of every shaft, slope, tunnel and gangway, and of any |
9 | other point in the mine or on the surface where such elevation |
10 | shall be deemed necessary by the bureau. The map or plan shall |
11 | show the number of the last survey on the gangways or the most |
12 | advanced workings. |
13 | Section 1165. Extensions to be Placed on Maps.--Every owner, |
14 | operator, or superintendent, of a mine, colliery or quarry, |
15 | shall place or cause to be placed upon the pertinent map, at |
16 | least once in every three months, all the extensions made in any |
17 | mine or quarry, within the limits of such borough during the |
18 | three preceding months, except those made within thirty days |
19 | immediately preceding the time of placing such extensions upon |
20 | the said map or drawing. |
21 | Section 1166. Certain Surface Supports Not to be Removed.-- |
22 | It shall be unlawful for any person, copartnership, association, |
23 | or corporation to dig, mine, remove, or carry away the coal, |
24 | rock, earth, or other minerals or materials forming the natural |
25 | support of the surface beneath the highways, streets and public |
26 | places of any borough to such an extent and in such a manner as |
27 | thereby to remove the necessary support of the surface, without |
28 | having first placed or constructed an artificial permanent |
29 | support sufficient to uphold and preserve the stability of the |
30 | surfaces of such highways, streets, and public places. |
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1 | Section 1167. Penalty.--Any person being the general |
2 | manager, superintendent, or person in charge of the work of any |
3 | corporation, copartnership, or association, violating any of the |
4 | provisions of this subdivision, shall be guilty of a |
5 | misdemeanor, and upon conviction thereof shall be sentenced, for |
6 | such offense, to pay a fine not exceeding one thousand dollars |
7 | ($1000) or to undergo imprisonment in the county jail for a |
8 | period not exceeding ninety days, or both. All fines imposed |
9 | under this section shall be paid into the treasury of the |
10 | borough. |
11 | Section 1168. Enactment of Ordinances.--Borough councils may |
12 | enact such ordinances as may be necessary for the enforcement of |
13 | the provisions of this subdivision.] |
14 | Section 135. Article XI subdivision (j) heading of the act |
15 | is amended to read: |
16 | (j) Civil Service for Police and [Firemen] |
17 | Fire Apparatus Operators |
18 | Section 136. Section 1171 of the act, amended October 4, |
19 | 1978 (P.L.1000, No.210), is amended to read: |
20 | Section 1171. Appointments of Police and [Firemen] Fire |
21 | Apparatus Operators.--(a) This subdivision [(j) of this |
22 | article] shall not apply to any borough having a police force of |
23 | less than three members or to those having three or more members |
24 | if those members in excess of two are appointed on a temporary |
25 | basis through a Federally funded program or to volunteer fire |
26 | departments or companies employing their own operators, or to |
27 | boroughs having less than three salaried operators of fire |
28 | apparatus. This subdivision [(j) of this article] is subject [as |
29 | heretofore] to the power of council to determine compensation. |
30 | [Hereafter each and every] Every full-time appointment to and |
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1 | promotion in the police force or as fire apparatus operators |
2 | paid directly by the borough in every borough shall be made only |
3 | according to qualifications and fitness, to be ascertained by |
4 | examinations which shall be competitive as hereinafter provided. |
5 | No person shall [hereafter] be suspended, removed or reduced |
6 | in rank as a paid employe in any police force or as a paid |
7 | operator of fire apparatus of any borough, except in accordance |
8 | with the provisions of this subdivision. However, nothing in |
9 | this subdivision [(j)] shall apply to retirement nor shall |
10 | anything herein prevent any borough from adopting a compulsory |
11 | retirement age for its employes or for any class or classes |
12 | thereof and from retiring all [such] employes automatically when |
13 | they reach such age. |
14 | (b) For purposes of determining whether a borough is subject |
15 | to the provisions of this subdivision, the term "members" shall |
16 | include part-time and full-time officers within the police |
17 | force. |
18 | (c) The provisions of this subdivision shall not apply to |
19 | any member of the department who shall work part-time for the |
20 | police force. A part-time employe shall be a member of the |
21 | police force who regularly works less than thirty-seven hours |
22 | per week, except in the case of emergency in which case a part- |
23 | time member may work in excess of thirty-seven hours per week. |
24 | (d) "Police force" as used in this subdivision shall mean |
25 | the members of a police force organized and operating as |
26 | prescribed by law who devote working hours to police duty or |
27 | duty in connection with the department, agencies and services |
28 | connected with police protection work, and who are paid a stated |
29 | salary or compensation for the work by the borough, but shall |
30 | not include: |
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1 | (1) Special police appointed by the mayor to act in |
2 | emergencies. |
3 | (2) Persons appointed solely for parking meter enforcement |
4 | duties. |
5 | (3) School crossing guards. |
6 | (4) Extra police serving from time to time or on an hourly |
7 | or daily basis, without a regularly established full-time or |
8 | part-time schedule. |
9 | (5) Auxiliary police officer appointed under the act of |
10 | January 14, 1952 (1951 P.L.2016, No.561), entitled "An act |
11 | providing for supplementing the police forces of cities, |
12 | boroughs, towns and townships, for the appointment, powers and |
13 | control of auxiliary police therein, and for the transfer during |
14 | disasters and emergencies of such auxiliary police, members of |
15 | the regular police forces, and police equipment thereof." |
16 | (e) "Fire apparatus operator" as used in this subdivision |
17 | shall mean a person who operates fire apparatus and devotes |
18 | normal working hours to operating any piece of fire apparatus or |
19 | other services connected with fire protection work and who is |
20 | paid a salary or compensation for work done by the borough. |
21 | Section 137. Sections 1172, 1173, 1174, 1175, 1176, 1177, |
22 | 1178 and 1179 of the act are amended to read: |
23 | Section 1172. Civil Service Commission Created; |
24 | Appointments; Vacancies; Oath; Compensation.--(a) There is |
25 | hereby created in each borough, where a police force or paid |
26 | fire apparatus operators as hereinbefore provided are being |
27 | maintained, a civil service commission hereinafter referred to |
28 | as the commission. The commission shall consist of three |
29 | commissioners who shall be qualified electors of the borough and |
30 | shall be appointed by the borough council initially to serve for |
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1 | the terms of two, four and six years, and as terms thereafter |
2 | expire shall be appointed for terms of six years. |
3 | Any vacancy occurring in any commission for any reason |
4 | whatsoever shall be filled by the borough council for the |
5 | unexpired term within the period of thirty days after [such] the |
6 | vacancy occurs. |
7 | (b) Borough council may appoint no more than three qualified |
8 | electors of the borough to serve as alternate members of the |
9 | commission. The term of office of the alternate members shall be |
10 | six years. When seated pursuant to section 1174, an alternate |
11 | shall be entitled to participate in all proceedings and |
12 | discussions of the commission to the same and full extent as |
13 | provided by law for commission members, including specifically |
14 | the right to cast a vote as a voting member during the |
15 | proceedings, and shall have all the powers and duties set forth |
16 | in this act and as otherwise provided by law. Alternates shall |
17 | hold no other office in the borough. An alternate may |
18 | participate in any proceeding or discussion of the commission |
19 | but shall not be entitled to vote as a member of the commission |
20 | unless designated as a voting alternate member pursuant to |
21 | section 1174. |
22 | (c) Each member of the commission created by this |
23 | subdivision, before entering upon the discharge of the duties of |
24 | [his] office, shall take an oath or affirmation [to support the |
25 | Constitution of the United States and of the Commonwealth of |
26 | Pennsylvania and to perform his official duties with fidelity, |
27 | together with such loyalty oath as is prescribed and required by |
28 | law] of office pursuant to 53 Pa.C.S. § 1141 (relating to form |
29 | of oaths of office). The civil service commissioners shall |
30 | receive no compensation. |
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1 | Section 1173. Offices Incompatible with Civil Service |
2 | Commissioner.--No commissioner shall at the same time hold an |
3 | elective or appointed office under the United States Government, |
4 | the Commonwealth of Pennsylvania or any political subdivision of |
5 | the Commonwealth, except that one member of the commission may |
6 | be a member of the [council of the] borough council and one may |
7 | be a member of the teaching profession. |
8 | Section 1174. Organization of Commission; Quorum.--The |
9 | commission first appointed shall organize within ten days of its |
10 | appointment and shall elect one of its members as the [chairman] |
11 | chair and one as the secretary. The commission shall thereafter |
12 | meet and organize on the first Monday [of February] of each |
13 | even-numbered year. [The secretary of the commission shall give |
14 | each commissioner twenty-four hours' notice] Each commissioner |
15 | shall be notified in writing of each and every meeting [of the |
16 | commission. Two]. Three members of the commission shall |
17 | constitute a quorum [and no action of the commission shall be |
18 | valid unless it shall have the concurrence of at least two |
19 | members]. If, by reason of absence or disqualification of a |
20 | member a quorum is not reached, the chair shall designate as |
21 | many alternate members of the commission to sit on the |
22 | commission as may be needed to provide a quorum. An alternate |
23 | member of the commission shall continue to serve on the |
24 | commission in all proceedings involving the matter or case for |
25 | which the alternate was initially designated until the |
26 | commission has made a final determination of the matter or case. |
27 | Designation of an alternate member pursuant to this section |
28 | shall be made on a case-by-case basis in rotation according to |
29 | declining seniority among the alternates. No action of the |
30 | commission may be valid unless it shall have the concurrence of |
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1 | at least two members. |
2 | Section 1175. Clerks and Supplies, Etc.; Solicitor.--The |
3 | borough shall furnish to the commission, on its requisition, |
4 | [such] clerical assistance [as] that may be necessary for the |
5 | work of the commission. The borough shall provide a suitable and |
6 | convenient room for the use of the commission. The commission |
7 | shall order from the borough the necessary stationery, postage, |
8 | printing and supplies[, and the]. The borough shall also provide |
9 | the services of a solicitor for the commission to be appointed |
10 | by the commission and paid by the borough. The borough shall |
11 | have the authority to place a reasonable limit on the amount |
12 | allowed each year for the services of the commission solicitor. |
13 | The elected and appointed officials of every [such] borough |
14 | shall aid the commission in all proper ways in carrying out the |
15 | provisions of this subdivision relating to civil service. |
16 | Section 1176. Rules and Regulations.--The commission shall |
17 | have power to prescribe, amend and enforce rules and regulations |
18 | for carrying into effect the provisions of this subdivision and |
19 | shall be governed thereby. Before [any such] the effective date |
20 | of the rules and regulations [are in force], or amendments |
21 | thereto, the same shall be first approved by [the] borough |
22 | council [of the borough]. When [such] the rules and regulations, |
23 | or amendments, have been [so] approved, they shall not be |
24 | annulled, amended, or added to, without the approval of [the |
25 | said] council. All rules and regulations and modifications |
26 | [thereof] shall be made available by the boroughs for public |
27 | distribution or inspection. |
28 | Section 1177. Minutes and Records.--The commission shall |
29 | keep minutes of its proceedings and records of examinations and |
30 | other official actions. All recommendations of applicants for |
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1 | appointment received by the commission shall be kept and |
2 | preserved for a period of five years, and all [such] records and |
3 | all written causes of removal filed with the commission, except |
4 | as otherwise provided in section 1191 [of this act], shall be |
5 | open to public inspection and subject to reasonable regulation. |
6 | Section 1178. Investigations.--The commission shall have |
7 | power to make investigations concerning all matters touching the |
8 | administration and enforcement of this subdivision and rules and |
9 | regulations adopted thereunder. The [chairman] chair of the |
10 | commission is hereby given power to administer oaths and |
11 | affirmations in connection with [such] the investigations. |
12 | Section 1179. Subpoenas.--The commission shall have power to |
13 | issue subpoenas over the signature of the [chairman] chair, to |
14 | require the attendance of witnesses and the production of |
15 | records and papers pertaining to any investigation or inquiry. |
16 | The fees of [such] witnesses for attendance and travel shall be |
17 | the same as for witnesses appearing in the courts and shall be |
18 | paid from appropriations for the incidental expenses of the |
19 | commission. |
20 | All officers in public service and employes shall attend and |
21 | testify when required to do so by the commission. |
22 | If any person shall refuse or neglect to obey any subpoena |
23 | issued by the commission, [he] the person shall upon conviction |
24 | thereof in a summary proceeding, be sentenced to pay a fine not |
25 | to exceed one hundred dollars ($100), and in default of the |
26 | payment of [such] the fine and costs, shall be imprisoned not to |
27 | exceed thirty days. |
28 | If any person shall refuse or neglect to obey any subpoena |
29 | issued by the commission, [it] the commission may apply by |
30 | petition to the court of common pleas of the county for its |
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1 | subpoena, requiring the attendance of [such] persons before the |
2 | commission or the court there to testify and to produce any |
3 | records and papers necessary, and in default thereof, shall be |
4 | held in contempt of court. |
5 | Section 138. Section 1180 of the act is reenacted to read: |
6 | Section 1180. Annual Report.--The commission shall make an |
7 | annual report to the council containing a brief summary of its |
8 | work during the year, which shall be available for public |
9 | inspection. |
10 | Section 139. Section 1181 of the act, amended October 27, |
11 | 2010 (P.L.884, No.91), is amended to read: |
12 | Section 1181. General Provisions Relating to Examinations.-- |
13 | (a) The commission shall make rules and regulations, to be |
14 | approved as provided in section 1176 [hereof], providing for the |
15 | examination of applicants for positions in the police force and |
16 | as paid operators of fire apparatus and for promotions, which |
17 | rules and regulations shall prescribe the minimum qualifications |
18 | of all applicants to be examined and the passing grades. All |
19 | examinations for positions or promotions shall be practical in |
20 | character and shall relate to [such] matters and include [such] |
21 | inquiries as will fairly test the merit and fitness of the |
22 | persons examined to discharge the duties of the employment |
23 | sought by them. All examinations shall be open to all applicants |
24 | who have the minimum qualifications required by the rules and |
25 | regulations. Each applicant for an original position shall: |
26 | (1) be subject to the regulations adopted by the commission; |
27 | (2) either before or after the written examination, be |
28 | required to submit to a physical fitness or agility examination |
29 | that is job related and consistent with business necessity; |
30 | [and] |
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1 | (3) if made a conditional offer of employment, be given a |
2 | physical and psychological medical examination as provided in |
3 | section 1189 [of this act.]; and |
4 | (4) be subject to a background investigation. Background |
5 | investigations may be restricted to those candidates on an |
6 | eligibility list or those to be certified to borough council for |
7 | appointment in accordance with section 1184. |
8 | (a.1) Each applicant for promotion shall be subject to the |
9 | regulations adopted by the commission and to examination and |
10 | selection in accordance with section 1188. Physical fitness or |
11 | agility examinations that are job-related and consistent with |
12 | business necessity and physical and psychological medical |
13 | examinations may be, but need not be, required for promotions. |
14 | (b) Public notice of the time and place of every |
15 | examination, together with the information as to the kind of |
16 | position or place to be filled, shall be given by publication |
17 | once in a newspaper [of general circulation in the borough], at |
18 | least two weeks prior to each examination, and a copy of the |
19 | notice shall be prominently posted in the office of the |
20 | commission or other public place. |
21 | (c) The commission shall post in its office the [eligible] |
22 | eligibility list, containing the names and grades of those who |
23 | have passed the examination. |
24 | Section 140. Section 1182 of the act is amended to read: |
25 | Section 1182. Application for Examination.--Each person |
26 | desiring to apply for examination shall file with the commission |
27 | a formal application in which the applicant shall [state] |
28 | provide, under oath or affirmation [(i) his full name and |
29 | residence or post office address, (ii) his citizenship, place |
30 | and date of birth, (iii) his condition of health and physical |
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1 | capacity for public service, (iv) his business or employment and |
2 | his residence for the past five years, and (v) such] the |
3 | following information: |
4 | (1) full name and residence or post office address; |
5 | (2) citizenship, place and date of birth; |
6 | (3) condition of health and physical capacity for public |
7 | service; |
8 | (4) business or employment and his residence for the past |
9 | five years; and |
10 | (5) other information as may be required by the commission's |
11 | rules and regulations, showing the applicant's qualifications |
12 | for the position for which [he] the applicant is being examined. |
13 | Section 141. Sections 1183 and 1184 of the act, amended |
14 | October 27, 2010 (P.L.884, No.91), are amended to read: |
15 | Section 1183. Rejection of Applicant; Hearing.--(a) The |
16 | commission may refuse to examine, or, if examined, may refuse to |
17 | certify after examination as eligible, any applicant who is |
18 | found to lack any of the minimum qualifications for examination |
19 | prescribed in the rules and regulations adopted for the position |
20 | or employment for which he has applied, or who is physically |
21 | unfit for the performance of the duties of the position to which |
22 | he seeks employment, or who is illegally using a controlled |
23 | substance, as defined in section 102 of the Controlled |
24 | Substances Act (Public Law 91-513, 21 U.S.C. § 802), or who has |
25 | been guilty of any crime involving moral turpitude, or of |
26 | infamous or notoriously disgraceful conduct, or who has been |
27 | dismissed from public service for delinquency or misconduct of |
28 | office, or who is affiliated with any group whose policies or |
29 | activities are subversive to the form of government set forth in |
30 | the constitutions and laws of the United States and |
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1 | Pennsylvania. |
2 | (b) If any applicant [or person is aggrieved by refusal of |
3 | the commission to examine or certify the applicant as eligible |
4 | after examination, the commission shall, at the request of the |
5 | applicant, within ten days, appoint a time and place for a |
6 | public hearing, with or without counsel, at which time] is |
7 | aggrieved by the refusal of the commission to certify the |
8 | applicant as eligible after examination, or a person is |
9 | aggrieved by refusal of the commission to examine the person, |
10 | the commission shall, at the request of the applicant or person |
11 | aggrieved, within ten days, appoint a time and place for a |
12 | public hearing. At the hearing, the applicant or person |
13 | aggrieved may appear with or without counsel, and the commission |
14 | shall take testimony and review its refusal to provide |
15 | examination or certification. The decision of the commission |
16 | shall be final. |
17 | Section 1184. Eligibility List and Manner of Filling |
18 | Appointments.--(a) At the completion of the testing process, |
19 | including any [background,] physical agility or other |
20 | examination, with the exception of any background investigation |
21 | to be conducted after the establishment of an eligibility list |
22 | and physical and psychological medical examination pursuant to |
23 | section 1189 [of this act], the commission shall rank the |
24 | candidates who have satisfied the minimum requirements for |
25 | appointment on an eligibility list. The eligibility list shall |
26 | contain the names of individuals eligible for appointment listed |
27 | from highest to lowest based on their scores on the examinations |
28 | administered by the commission and any points for which the |
29 | applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating |
30 | to veterans' preference). The eligibility list will be valid for |
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1 | one year from the date the commission formally adopts the |
2 | eligibility list. Prior to expiration of the one-year period, |
3 | the commission may extend the validity of the eligibility list |
4 | for up to an additional twelve months by a majority vote of the |
5 | commission at a duly authorized commission meeting. In the |
6 | absence of a lawful extension by the commission, the list shall |
7 | expire. |
8 | (b) Except as provided in subsection (c), every original |
9 | position or employment in the police force or as paid operators |
10 | of fire apparatus, except that of chief of police or chief of |
11 | the fire department, or equivalent, shall be filled only in the |
12 | following manner: the council shall notify the commission of any |
13 | vacancy which is to be filled and shall request the |
14 | certification of an eligibility list. The commission shall |
15 | certify for each existing vacancy from the eligibility list, the |
16 | names of the three persons, or a lesser number where three are |
17 | not available, who have received the highest average. The |
18 | council shall make a conditional appointment from the three |
19 | names certified, based solely on the merits and fitness of the |
20 | candidates, unless borough council makes objections to the |
21 | commission regarding one or more of the certified persons for |
22 | any of the reasons stated in section 1183 [of this act]. Should |
23 | [such] the objections be sustained by the commission, as |
24 | provided in section 1183 [of this act], or if the conditional |
25 | appointee is determined to be unqualified in accordance with the |
26 | procedures set forth in section 1189 [of this act], the |
27 | commission shall strike the name of the person from the |
28 | eligibility list and certify the next highest name for each name |
29 | stricken from the eligibility list. As each subsequent vacancy |
30 | occurs in the same or another position precisely the same |
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1 | procedure shall be followed. |
2 | (c) Any vacancy in an existing position in the police force |
3 | or as a paid operator of fire apparatus which occurs as a result |
4 | of retirement, resignation, disability or death may be filled by |
5 | council by the reappointment or reinstatement of a former |
6 | employe of the police force or fire department who had |
7 | previously complied with the provisions of this section. No |
8 | examination, other than a physical examination as directed by |
9 | the civil service commission, shall be required in any case of |
10 | reappointment or reinstatement. |
11 | (d) In the case of a vacancy in the office of chief of |
12 | police or chief of the fire department, or equivalent official, |
13 | the appointive power may nominate a person to the commission. It |
14 | shall [thereupon] then become the duty of the commission to |
15 | subject the person to a non-competitive examination, and if the |
16 | person shall be certified by the commission as qualified, he may |
17 | then be appointed to the position, and [thereafter] shall be |
18 | subject to all the provisions of this subdivision. |
19 | Section 142. Section 1185 of the act, amended June 16, 1972 |
20 | (P.L.439, No.132), is amended to read: |
21 | Section 1185. Age, Applicant's Residence.--No person shall |
22 | be eligible to apply for examination unless [he] the person is |
23 | at least eighteen years of age at the date of application. An |
24 | applicant need not be a resident of the borough. The council of |
25 | the borough may authorize the commission, by rule or regulation, |
26 | to require [policemen and firemen] police officers and paid |
27 | operators of fire apparatus to become residents of the borough |
28 | after appointment to [such] the positions. |
29 | Section 143. Section 1186 of the act, amended October 27, |
30 | 2010 (P.L.884, No.91), is amended to read: |
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1 | Section 1186. Probationary Period.--All original |
2 | appointments to any position in the police force or as paid |
3 | operators of fire apparatus shall be for a probationary period |
4 | of not less than six months, and not more than one year, but |
5 | during the probationary period an appointee may be dismissed |
6 | only for a cause specified in section 1183 [of this act] or |
7 | because of incapacity for duty due to the use of alcohol or |
8 | drugs. If at the close of a probationary period the conduct or |
9 | fitness of the probationer has not been satisfactory to the |
10 | council, the probationer shall be notified in writing that [he] |
11 | the probationer will not receive a permanent appointment, and |
12 | the appointment shall cease. If the probationer is not notified |
13 | or dismissed in accordance with this section, [his] the |
14 | probationer's retention shall be equivalent to a permanent |
15 | appointment. The decision of a borough to suspend or discharge a |
16 | probationer shall be final and shall not be subject to the |
17 | hearing provisions of section 1191. |
18 | Section 144. Section 1187 of the act is amended to read: |
19 | Section 1187. Provisional Appointments.--Whenever there are |
20 | urgent reasons for the filling of a vacancy in any position in |
21 | the police force and there are no names on the [eligible] |
22 | eligibility list for [such] the appointment, the council may |
23 | nominate a person to the commission for noncompetitive |
24 | examination, and if [such] the nominee shall be certified by the |
25 | commission as qualified after [such] noncompetitive examination, |
26 | [he] the nominee may be appointed provisionally to fill [such] |
27 | the vacancy. [It shall thereupon become the duty of the |
28 | commissioner within three weeks to] Within three weeks of the |
29 | provisional appointment, the commission shall hold a competitive |
30 | examination and certify [a list of eligibles] an eligibility |
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1 | list and a regular appointment shall then be made from the name |
2 | or names submitted by the commission[: Provided, That], provided |
3 | that nothing [herein contained] in this section shall prevent |
4 | the appointment, without examination, of persons, temporarily as |
5 | police officers in cases of riot or other emergency or as |
6 | operators of fire apparatus in emergency cases. |
7 | Section 145. Section 1188 of the act, amended October 27, |
8 | 2010 (P.L.884, No.91), is amended to read: |
9 | Section 1188. Promotions.--Promotions shall be based on |
10 | merit to be ascertained by examinations to be prescribed by the |
11 | commission. All questions relative to promotions shall be |
12 | practical in character and [such as] will fairly test the merit |
13 | and fitness of persons seeking promotion. Borough council shall |
14 | notify the commission of a vacancy in the police force or as a |
15 | paid operator of fire apparatus in the borough which is to be |
16 | filled by promotion and shall request the certification of an |
17 | eligibility list. The commission shall certify for each vacancy |
18 | the names of three persons on the eligibility list who have |
19 | received the highest average in the last preceding promotional |
20 | examination held within a period of two years preceding the date |
21 | of the request for the eligibility list. If three names are not |
22 | available, the commission shall certify the names remaining on |
23 | the eligibility list. The borough council shall make an |
24 | appointment from the names certified, based solely on the merits |
25 | and fitness of the candidate, unless council makes objections to |
26 | the commission regarding one or more of the persons so certified |
27 | for any reason provided under section 1183 [of this act]. |
28 | The council shall have power to determine in each instance |
29 | whether an increase in salary shall constitute a promotion. |
30 | Section 145.1. Section 1189 of the act, amended October 27, |
|
1 | 2010 (P.L.884, No.91), is reenacted to read: |
2 | Section 1189. Physical and Psychological Medical |
3 | Examination.--(a) An applicant selected from the eligibility |
4 | list shall receive a conditional offer of employment. The offer |
5 | of employment shall be conditioned upon the conditional |
6 | appointee undergoing a physical and psychological medical |
7 | examination and a determination that the conditional appointee |
8 | is capable of performing all the essential functions of the |
9 | position. Physical medical examinations shall be under the |
10 | direction of a physician or other qualified medical |
11 | professional. Psychological medical examinations shall be under |
12 | the direction of a psychiatrist or psychologist. |
13 | (b) The physician or other qualified medical professional |
14 | and the psychiatrist or psychologist shall be appointed by |
15 | council and shall render an opinion as to whether the |
16 | conditional appointee has a physical or mental condition which |
17 | calls into question the person's ability to perform all of the |
18 | essential functions of the position for which the person was |
19 | conditionally appointed. |
20 | (c) If the opinion rendered by the physician, other |
21 | qualified medical professional, psychiatrist or psychologist |
22 | calls into question the conditional appointee's ability to |
23 | perform all essential functions of a position, a person |
24 | designated by council shall meet with the conditional appointee |
25 | for the purpose of having one or more interactive discussions |
26 | on whether the conditional appointee can, with or without |
27 | reasonable accommodation, perform all the essential functions of |
28 | the position. |
29 | (d) If, at the conclusion of the interactive discussion |
30 | under subsection (c), council determines that the conditional |
|
1 | appointee is not qualified, council shall give written notice to |
2 | the conditional appointee and the commission. |
3 | (e) Nothing in this act shall be construed to authorize |
4 | physical or psychological medical examinations prior to |
5 | conditional appointment. |
6 | (f) As used in this section, the following definitions shall |
7 | apply: |
8 | "Medical examination" shall mean any examination, procedure, |
9 | inquiry or test designed to obtain information about medical |
10 | history or a physical or mental condition which might disqualify |
11 | an applicant if it would prevent the applicant from performing, |
12 | with or without a reasonable accommodation, all of the essential |
13 | functions of the position. |
14 | "Physician" shall have the meaning given to it in 1 Pa.C.S. § |
15 | 1991 (relating to definitions). |
16 | "Qualified medical professional" shall mean an individual, in |
17 | collaboration with or under the supervision or direction of a |
18 | physician, as may be required by law, who is licensed: |
19 | (1) as a physician assistant pursuant to the act of December |
20 | 20, 1985 (P.L.457, No.112), known as the "Medical Practice Act |
21 | of 1985," or the act of October 5, 1978 (P.L.1109, No.261), |
22 | known as the "Osteopathic Medical Practice Act"; or |
23 | (2) as a certified registered nurse practitioner pursuant to |
24 | the act of May 22, 1951 (P.L.317, No.69), known as "The |
25 | Professional Nursing Law." |
26 | Section 146. Section 1190 of the act, amended May 31, 1984 |
27 | (P.L.362, No.72), is amended to read: |
28 | Section 1190. Removals.--No person employed in any police or |
29 | fire force of any borough shall be suspended without pay, |
30 | removed or reduced in rank except for the following reasons: |
|
1 | (1) Physical or mental disability affecting [his] the |
2 | person's ability to continue in service, in which cases the |
3 | person shall receive an honorable discharge from service. |
4 | (2) Neglect or violation of any official duty. |
5 | (3) Violation of any law which provided that [such] the |
6 | violation constitutes a misdemeanor or felony. |
7 | (4) Inefficiency, neglect, intemperance, immorality, |
8 | disobedience of orders, or conduct unbecoming an officer. |
9 | (5) Intoxication while on duty. |
10 | (6) Engaging or participating in conducting of any political |
11 | or election campaign otherwise than to exercise [his] the |
12 | person's own right of suffrage. |
13 | A person so employed shall not be removed for religious, |
14 | racial or political reasons. A written statement of any charges |
15 | made against any person so employed shall be furnished to [such] |
16 | person within five days after the same are filed. The person so |
17 | employed shall have ten days from the date of receiving the |
18 | notice in which to submit a written request for a hearing to the |
19 | civil service commission under section 1191. |
20 | If for reasons of economy or other reasons it shall be deemed |
21 | necessary by any borough to reduce the number of paid employes |
22 | of the police or fire force, then [such] the borough shall |
23 | [apply the following procedure: (i) if there are any employes |
24 | eligible for retirement under the terms of any retirement or |
25 | pension law, if the party to be retired exceeds the maximum age |
26 | as defined in the act of October 27, 1955 (P.L.744, No.222), |
27 | known as the "Pennsylvania Human Relations Act," then such |
28 | reduction in numbers shall be made by retirement of such |
29 | employes, starting with the oldest employe and following in |
30 | order of age respectively, (ii) if the number of paid employes |
|
1 | in the police force or fire force eligible to retirement is |
2 | insufficient to effect the necessary reduction in numbers, or if |
3 | there are no persons eligible for retirement, or if no |
4 | retirement or pension fund exists, then the reduction shall be |
5 | effected by furloughing] furlough the person or persons, |
6 | including probationers, last appointed to the respective force. |
7 | [Such removal shall be accomplished by furloughing in numerical |
8 | order commencing with the person last appointed until such |
9 | reduction shall have been accomplished.] For purposes of this |
10 | section, a borough shall not be obligated to first furlough |
11 | part-time employes of the police or fire force who were not |
12 | appointed through the civil service process prior to furloughing |
13 | civil service employes of the police or fire force. In the event |
14 | the said police force or fire force shall again be increased the |
15 | employes furloughed shall be reinstated in the order of their |
16 | seniority in the service. The provisions of this paragraph as to |
17 | reductions in force are not applicable to a chief of police. |
18 | Section 147. Section 1191 of the act, repealed in part June |
19 | 3, 1971 (P.L.118, No.6), is amended to read: |
20 | Section 1191. Hearings on Dismissals and Reductions.--[If |
21 | the] (a) The person suspended, removed or reduced in rank |
22 | [shall demand a hearing by the commission, the demand shall be |
23 | made to the commission. Such person] may make written answers to |
24 | any charges filed against [him] the person not later than the |
25 | day fixed for hearing. The commission shall grant [him] the |
26 | person a hearing which shall be held within a period of ten days |
27 | from the filing of charges in writing, unless continued by the |
28 | commission for cause at the request of the council or the |
29 | accused. Notwithstanding this provision, the failure of the |
30 | commission to hold a hearing within ten days from the filing of |
|
1 | the charges in writing shall not result in the dismissal of the |
2 | charges filed. |
3 | (b) At any [such] hearing, the person against whom the |
4 | charges are made may be present in person and by counsel. The |
5 | council may suspend [any such] the person, without pay, pending |
6 | the determination of the charges against [him] the person, but |
7 | in the event the commission fails to uphold the charges, then |
8 | the person sought to be suspended, removed or demoted shall be |
9 | reinstated with full pay for the period during which [he] the |
10 | person was suspended, removed or demoted, and no charges shall |
11 | be officially recorded against [his] the person's record. A |
12 | stenographic record of all testimony taken at [such] the |
13 | hearings shall be filed with, and preserved by, the commission, |
14 | which record shall be sealed and not be available for public |
15 | inspection in the event the charges are dismissed. |
16 | (c) All parties concerned shall have immediate right of |
17 | appeal to the court of common pleas of the county, and the case |
18 | shall there be determined as the court deems proper. No order of |
19 | suspension made by the commission shall be for a longer period |
20 | than one year. [Such] The appeal shall be taken within [sixty] |
21 | thirty days from the date of entry by the commission of its |
22 | final order and shall be by petition. Upon [such] the appeal |
23 | being taken and docketed, the court of common pleas shall fix a |
24 | day for a hearing and shall proceed to hear the appeal on the |
25 | original record and [such] additional proof or testimony as the |
26 | parties concerned may desire to offer in evidence. The decision |
27 | of the court affirming or revising the decision of the |
28 | commission shall be final, and the employe shall be suspended, |
29 | discharged, demoted or reinstated in accordance with the order |
30 | of court. |
|
1 | (d) The council and the person sought to be suspended, |
2 | removed or demoted shall at all times have the right to employ |
3 | counsel before the commission and upon appeal to the court of |
4 | common pleas. Unless otherwise directed by the commission in its |
5 | discretion, the proceedings before the commission pursuant to |
6 | this section, including the deliberations by the commission |
7 | following the completion of the hearing, shall be held in |
8 | executive session and shall not be open to the public. |
9 | Section 148. Sections 1192 and 1193 of the act are amended |
10 | to read: |
11 | Section 1192. Employes Exempted.--All appointments in the |
12 | police or fire forces of boroughs, including the chief of police |
13 | or equivalent official, prior to the creation of a commission, |
14 | shall continue to hold their positions and shall not be required |
15 | to take any examination under the provisions of this |
16 | subdivision, except [such as] that which may be required for |
17 | promotion[: Provided, That], provided that this section shall |
18 | not be construed to apply to persons employed temporarily in |
19 | emergency cases. |
20 | Section 1193. Discrimination on Account of Political or |
21 | Religious Affiliations.--No question in any form of application |
22 | for examination or in any examination shall be so framed as to |
23 | elicit information concerning the political or religious |
24 | opinions or affiliations of any applicant, nor shall inquiry be |
25 | made concerning [such] the opinion or affiliations and all |
26 | disclosures [thereof] of opinion or affiliation shall be |
27 | [discountenanced] ignored. |
28 | No discrimination shall be exercised, threatened or promised |
29 | by any person against or in favor of any applicant or employe |
30 | because of political or religious opinions or affiliations or |
|
1 | race, and no offer or promise or reward, favor or benefit, |
2 | directly or indirectly, shall be made to or received by any |
3 | person for any act done or duty omitted or to be done under this |
4 | subdivision [of this article]. |
5 | Section 149. Section 1194 of the act, amended June 25, 2001 |
6 | (P.L.651, No.56), is amended to read: |
7 | Section 1194. Penalty.--Any member of council who, by [his] |
8 | vote, causes to be appointed any person to the police force or |
9 | as a fire apparatus operator contrary to the provisions of this |
10 | subdivision, or any member of council or member of the |
11 | commission who wilfully refuses to comply with, or conform to, |
12 | the provisions of [subdivision (j) of this article] this |
13 | subdivision, shall be deemed guilty of a misdemeanor, and upon |
14 | conviction [thereof], shall be sentenced to pay a fine not |
15 | exceeding one hundred dollars ($100), or suffer imprisonment not |
16 | exceeding [three months] ninety days, or both. |
17 | Section 150. Section 1195 and Article XI subdivision (k) |
18 | heading of the act are repealed: |
19 | [Section 1195. Police Force and Fire Apparatus Operators |
20 | Defined.--Police force as used in subdivision (j) of this |
21 | article shall mean a police force organized and operating as |
22 | prescribed by law, the members of which devote their normal |
23 | working hours to police duty or duty in connection with the |
24 | bureau, agencies and services connected with police protection |
25 | work, and who are paid a stated salary or compensation for such |
26 | work by the borough. Police force as used in this subdivision |
27 | shall not include: |
28 | (1) Any special police appointed by the mayor to act in |
29 | emergencies, |
30 | (2) Any person appointed solely for parking meter |
|
1 | enforcement duties, |
2 | (3) Any special school police, |
3 | (4) Any extra police serving from time to time or on an |
4 | hourly or daily basis, or, |
5 | (5) Any auxiliary policeman appointed under the act of |
6 | January 14, 1952 (P.L.2016). |
7 | Fire apparatus operators as used in this subdivision (j) of |
8 | this article shall mean any person who operates fire apparatus |
9 | and devotes his normal working hours to operating any piece of |
10 | fire apparatus or other services connected with fire protection |
11 | work, and who is paid a stated salary or compensation for such |
12 | work done by the borough. |
13 | (k) Independent Auditor] |
14 | Section 151. Section 1196 of the act, amended December 17, |
15 | 1986 (P.L.1691, No.201), is repealed: |
16 | [Section 1196. General Powers and Duties of Independent |
17 | Auditor.--(a) The independent auditor shall annually examine, |
18 | audit and settle all accounts whatsoever in which the borough is |
19 | concerned and the audit shall consist of an examination in |
20 | accordance with generally accepted auditing standards and shall |
21 | include such tests of the accounting records and such other |
22 | auditing procedures as he considers necessary in the |
23 | circumstances. |
24 | (b) The independent auditor shall audit the accounting |
25 | records of the borough for the fiscal year and shall prepare a |
26 | report on the examination which shall set forth: |
27 | (1) The scope of his examination, |
28 | (2) His opinion of the fairness of the presentation of the |
29 | financial statement of the borough which shall show a complete |
30 | statement of the financial condition of the borough, giving in |
|
1 | detail the actual indebtedness, the amount of the funded debt, |
2 | the amount of the floating debt thereof, the valuation of |
3 | taxable property therein, the assets of the borough with the |
4 | character and value thereof, and the date of maturity of the |
5 | respective forms of funded debt thereof, and |
6 | (3) The amount of any balance or shortage or any expenditure |
7 | of any kind, or made in a manner, prohibited or not authorized |
8 | by a statute which came to his attention during the course of |
9 | his examination and which, in his opinion, causes a financial |
10 | loss to the borough which loss is material in relation to the |
11 | receipts and disbursements of the borough, and such amount shall |
12 | be a surcharge against any officer against whom such balance or |
13 | shortage shall appear. |
14 | (c) The amount of any balance or shortage, or of any |
15 | expenditure of a kind, or made in a manner, prohibited or not |
16 | authorized by statute, which causes a financial loss to the |
17 | borough, shall be a surcharge against any officer against whom |
18 | such balance or shortage shall appear, or who by vote, act, or |
19 | neglect, has permitted or approved such expenditure, but no |
20 | elected or appointed official of a borough shall be surcharged |
21 | for any act, error or omission in excess of the actual financial |
22 | loss sustained by the borough, and any surcharge shall take into |
23 | consideration as its basis the results of such act, error or |
24 | omission and the results had the procedure been strictly |
25 | according to law. The provisions hereof limiting the amount of |
26 | any surcharge shall not apply to cases involving fraud or |
27 | collusion on the part of officers, nor to any penalty enuring to |
28 | the benefit or payable to the Commonwealth. |
29 | (d) In any matter involving any financial transaction, any |
30 | official knowingly and wilfully acting contrary to law, or, |
|
1 | knowingly and wilfully failing to act as required by law, is |
2 | guilty of a misdemeanor, and on conviction thereof, may be |
3 | sentenced to a fine not exceeding one hundred dollars ($100), |
4 | and his office may be forthwith declared vacant as may seem meet |
5 | and just to the court passing sentence. |
6 | (e) It shall be the duty of the independent auditor: |
7 | (1) To file a copy of the report with the secretary of the |
8 | borough and the clerk of the court of common pleas of the county |
9 | and the Department of Community Affairs not later than ninety |
10 | days after the close of the fiscal year, and |
11 | (2) To publish within ten days thereafter, by advertisement |
12 | in at least one newspaper of general circulation in the borough, |
13 | a concise financial statement setting forth the balance in the |
14 | treasury at the beginning of the fiscal year, all revenues |
15 | received during the fiscal year by major classifications, all |
16 | expenditures made during the fiscal year by major functions, and |
17 | the current resources and liabilities of the borough at the end |
18 | of the fiscal year, the gross liability and net debt of the |
19 | borough, the amount of the assessed valuation of the borough, |
20 | the assets of the borough with the character and value thereof, |
21 | the date of the last maturity of the respective forms of funded |
22 | debt, and the assets in each sinking fund. The independent |
23 | auditor shall make his report on the uniform form prepared |
24 | pursuant to article XIII of this act. |
25 | (f) The compensation of the independent auditor shall be |
26 | determined by council and paid out of borough funds.] |
27 | Section 152. Sections 1197, 1198 and 1199 of the act are |
28 | repealed: |
29 | [Section 1197. Appeals From Report of Independent Auditor.-- |
30 | Appeals may be taken from the settlement and audit of the |
|
1 | independent auditor as shown in the independent auditor's report |
2 | to the court of common pleas of the county, by the same persons, |
3 | in the same manner, within the same time, subject to the same |
4 | conditions and procedure, and with like effect in every respect, |
5 | as in this act provided in the cases of appeals from the |
6 | settlement and audit of elected auditors. |
7 | Section 1198. Balances Due to be Entered as Judgments.--Any |
8 | balance, in any report of the independent auditor, against any |
9 | officer of the borough, shall constitute a surcharge against |
10 | such officer, as fully as if expressly stated in said report to |
11 | be a surcharge, and the amount of any such balance, and of any |
12 | express surcharge, shall, if no appeal is taken, or after an |
13 | appeal has been finally determined, be entered by the |
14 | prothonotary as a judgment, against such officer and in favor of |
15 | the borough, the clerk of the court of quarter sessions shall |
16 | certify the amount of every balance or surcharge, contained in |
17 | any such report, from which no appeal has been taken within time |
18 | herein provided, to the court of common pleas, for entry thereof |
19 | by the prothonotary as a judgment. Any taxpayer of the borough |
20 | may enforce the collection thereof, for the benefit of the |
21 | borough, by action or execution, upon filing in the court of |
22 | common pleas a bond, in the sum of five hundred dollars ($500) |
23 | with one or more sureties, conditioned to indemnify the borough |
24 | from all costs which may accrue in the proceedings undertaken by |
25 | such taxpayer, subject, however, to all rights of appeal from |
26 | the report of independent auditors granted by this act. If any |
27 | person or persons have been, or shall be, surcharged for an |
28 | illegal purchase, and no fraud or collusion is shown and the |
29 | surcharge is paid to the borough, then the articles purchased |
30 | shall become the property of the person or persons surcharged. |
|
1 | Section 1199. Employment of Attorney, Compelling Attendance |
2 | of Witnesses, Administration of Oath, Penalties and Settlement |
3 | of Accounts.--(a) The independent auditor, with the consent of |
4 | the borough council, may employ an attorney whenever the same is |
5 | deemed advisable by him and the compensation of such attorney |
6 | shall be determined by the borough council and shall be payable |
7 | by the borough out of the general funds of the borough. |
8 | (b) The independent auditor of each borough shall have power |
9 | to issue subpoenas to obtain the attendance of the officers |
10 | whose accounts he is required to adjust, their executors and |
11 | administrators, and of any persons whom it may be necessary to |
12 | examine as witnesses, and to compel their attendance. If any |
13 | person shall refuse or neglect to appear or testify, the |
14 | independent auditor shall petition the court of common pleas of |
15 | the county to issue a subpoena to such person and to require him |
16 | to appear and to testify before the court. The court shall issue |
17 | such subpoena if it deems the testimony relevant to the issue. |
18 | (c) The independent auditor shall have power to administer |
19 | oaths and affirmations to all persons brought or appearing |
20 | before him, whether accountants, witnesses, or otherwise. All |
21 | persons guilty of swearing or affirming falsely on such |
22 | examination shall be liable to the pains and penalties of |
23 | perjury. |
24 | (d) If any person, appearing before such independent auditor |
25 | for examination, shall refuse to take such oath or affirmation, |
26 | or, after having been sworn or affirmed, shall refuse to make |
27 | answer to such questions as shall be put to him by the |
28 | independent auditor touching the accounts or the official |
29 | conduct of such public officers or any of them, then the |
30 | independent auditor may petition the court to issue its subpoena |
|
1 | as hereinbefore provided. |
2 | (e) Witnesses, other than officers of the borough, attending |
3 | before the independent auditor and persons or officers serving |
4 | subpoenas shall be paid out of the borough treasury, upon orders |
5 | drawn on the borough treasury, pursuant to authorization by the |
6 | independent auditor, the same fees as are payable for rendering |
7 | similar services in civil proceedings before a justice of the |
8 | peace, and the amount thereof shall be made a part of the charge |
9 | against any officer who shall be charged by the independent |
10 | auditor with any balance: Provided, that any such costs shall |
11 | have been incurred in establishing said balance. Upon collection |
12 | of any such costs from any officer, they shall be repaid into |
13 | the borough treasury. |
14 | (f) If any person in possession of books, vouchers, or |
15 | papers, relative to public accounts before independent auditor, |
16 | shall refuse to produce the same or, if any officer whose |
17 | accounts are to be settled and adjusted by such independent |
18 | auditor refuses to attend or submit to examination as is |
19 | hereinbefore directed, the independent auditor may proceed, by |
20 | the examination of witnesses and other evidence, to ascertain |
21 | and settle as near as may be, the amount of public money |
22 | received by such officer and its application to public purposes |
23 | or otherwise.] |
24 | Section 153. Article XII heading of the act is reenacted to |
25 | read: |
26 | ARTICLE XII |
27 | CORPORATE POWERS |
28 | Section 154. Section 1201 of the act, amended November 29, |
29 | 2004 (P.L.1337, No.170) and June 30, 2007 (P.L.47, No.15), is |
30 | renumbered and amended to read: |
|
1 | Section 1201. General Powers.--A borough may: |
2 | (1) Have succession perpetually by its corporate name. |
3 | (2) Sue and be sued, and complain and defend in the courts |
4 | of the Commonwealth. |
5 | (3) Make and use a common seal, and alter the same at |
6 | pleasure. |
7 | (4) Purchase, exchange, acquire by gift, or otherwise, hold, |
8 | lease, let and convey, by sale or lease, [such] real and |
9 | personal property [as shall be] deemed to be to the best |
10 | interest of the borough, subject to the [following] |
11 | restrictions, limitations or exceptions[: |
12 | (i)] as set forth in this article. |
13 | Section 1201.1. Real Property.--(a) No real estate owned by |
14 | the borough [shall] may be sold except upon approval of council |
15 | by resolution. Additionally, no real estate owned by the borough |
16 | shall be sold for a consideration in excess of fifteen hundred |
17 | dollars ($1500), except to the highest bidder after due notice |
18 | by advertisement for bids or advertisement of a public auction |
19 | in one newspaper [of general circulation in the borough. Such]. |
20 | The advertisement shall be published once not less than ten days |
21 | prior to the date fixed for the opening of bids or public |
22 | auction, and [such] the date for opening bids or public auction |
23 | shall be announced in [such] the advertisement. The award of |
24 | contracts shall be made only by public announcement at a regular |
25 | or special meeting of council or at the public auction. All bids |
26 | shall be accepted on the condition that payment of the purchase |
27 | price in full shall be made within sixty days of the acceptance |
28 | of bids. If no bids are received after advertisement, the |
29 | applicable procedures in the act of October 27, 1979 (P.L.241, |
30 | No.78), entitled, as amended, "An act authorizing political |
|
1 | subdivisions, municipality authorities and transportation |
2 | authorities to enter into contracts for the purchase of goods |
3 | and the sale of real and personal property where no bids are |
4 | received," shall be followed. |
5 | (b) The borough council shall have the authority to reject |
6 | all bids if [such] the bids are deemed to be less than the fair |
7 | market value of the real property. In the case of a public |
8 | auction, the borough council may establish a minimum bid based |
9 | on the fair market value of the real property. |
10 | (c) Real estate owned by a borough may be sold at a |
11 | consideration of fifteen hundred dollars ($1500) or less without |
12 | advertisement or competitive bidding only after council |
13 | estimates the value thereof upon receipt of an appraisal by a |
14 | qualified real estate appraiser. |
15 | [(ii)] (d) (1) Notwithstanding the foregoing provisions of |
16 | this section, borough council shall have the authority to |
17 | exchange real property for real property of equal or greater |
18 | value without complying with the foregoing provisions of this |
19 | section, provided that the property being acquired by the |
20 | borough is to be used for municipal purposes. Municipal purposes |
21 | as used in this subsection includes a subsequent sale or lease |
22 | of the property to any of the delineated entities listed in |
23 | section 1201.3. |
24 | (2) Any conveyance of real property acquired in an exchange |
25 | to an entity listed in section 1201.3 may contain a clause |
26 | whereby the lands and buildings will revert to the borough if |
27 | they are no longer being used for the purposes of the entity. |
28 | (3) If borough council chooses to exercise its power of real |
29 | property exchange pursuant to this section, it shall be by |
30 | resolution adopted by council. |
|
1 | (4) Participation in a real property exchange shall not |
2 | prohibit the application of the requirements of the act of |
3 | October 4, 1978 (P.L.851, No.166), known as the "Flood Plain |
4 | Management Act." |
5 | Section 1201.2. Personal Property.--(a) (1) Except as |
6 | otherwise hereinafter provided in the case of personal property |
7 | of an estimated fair market value of less than one thousand |
8 | dollars ($1,000), no borough personal property shall be disposed |
9 | of, by sale or otherwise, except upon approval of council, by |
10 | [ordinance or] resolution. In cases where council shall approve |
11 | a sale of [such] the property, it shall estimate the fair market |
12 | value of the entire lot to be disposed of. If council shall |
13 | estimate the fair market value to be one thousand dollars |
14 | ($1,000) or more, the entire lot shall be advertised for sale |
15 | once, in at least one newspaper [of general circulation in the |
16 | borough], not less than ten days prior to the date fixed for the |
17 | opening of bids or public auction, and [such] the date of |
18 | opening of bids or public auction, shall be announced in [such] |
19 | the advertisement, and sale of the property so advertised shall |
20 | be made to the best responsible bidder. |
21 | (2) A public auction of personal property may be conducted |
22 | by means of an online or electronic auction sale. During an |
23 | electronic auction sale, bids shall be accepted electronically |
24 | at the time and in the manner designated in the advertisement. |
25 | During the electronic auction, each bidder shall have the |
26 | capability to view the bidder's bid rank or the high bid price. |
27 | Bidders may increase their bid prices during the electronic |
28 | auction. The record of the electronic auction shall be |
29 | accessible for public inspection. The purchase price shall be |
30 | paid by the high bidder immediately or at a reasonable time |
|
1 | after the conclusion of the electronic auction as determined by |
2 | council. In the event that shipping costs are incurred, they |
3 | shall be paid by the high bidder. A borough that has complied |
4 | with the advertising requirements of this section may provide |
5 | additional public notice of the sale by bids or public auction |
6 | in any manner deemed appropriate by council. The advertisement |
7 | for electronic auction sales authorized in this paragraph shall |
8 | include the Internet address or means of accessing the |
9 | electronic auction and the date, time and duration of the |
10 | electronic auction. |
11 | (3) Council may reject any bids received if the bids are |
12 | believed to be less than the fair market value of the property. |
13 | If no bids are received after advertisement, the applicable |
14 | procedures in the act of October 27, 1979 (P.L.241, No.78), |
15 | entitled, as amended, "An act authorizing political |
16 | subdivisions, municipality authorities and transportation |
17 | authorities to enter into contracts for the purchase of goods |
18 | and the sale of real and personal property where no bids are |
19 | received," shall be followed. |
20 | (b) Council shall, by resolution, adopt a procedure for the |
21 | sale of surplus personal property, either individual items or |
22 | lots of items, of an estimated fair market value of less than |
23 | one thousand dollars ($1,000) and the approval of council shall |
24 | not be required for any individual sale that shall be made in |
25 | conformity to [such] the procedure. |
26 | [(iii)] (c) The provisions of this [clause] section shall |
27 | not be mandatory where borough personal property is to be traded |
28 | in or exchanged for new [borough property] or used personal |
29 | property being acquired by the borough, except that the trade or |
30 | exchange shall be by resolution. |
|
1 | [(iv)] Section 1201.3. Exceptions.--(a) The provisions of |
2 | this [clause] article requiring advertising for bids or sale at |
3 | public auction and sale to the highest bidder shall not apply |
4 | where borough real or personal property is to be sold to: |
5 | [(A)] (1) a county, city, borough, town, township, |
6 | institution district, school district, volunteer fire company, |
7 | volunteer ambulance service or volunteer rescue squad located |
8 | within the borough; |
9 | [(A.1)] (2) a council of government, consortium, cooperative |
10 | or other similar entity created pursuant to 53 Pa.C.S. Ch. 23 |
11 | (relating to intergovernmental cooperation); |
12 | [(B) a municipal authority pursuant to the Municipality |
13 | Authorities Act of 1945] (3) an authority as defined in 53 |
14 | Pa.C.S. § 5602 (relating to definitions); |
15 | [(C)] (4) a non-profit corporation engaged in community |
16 | development or reuse only upon entering into a written agreement |
17 | with the non-profit corporation that requires the property to be |
18 | used for industrial, commercial or affordable housing purposes. |
19 | This exemption shall not apply to property on which existing |
20 | governmental functions are conducted[; |
21 | (D) where real property is to be sold to]. This exemption |
22 | shall also not apply to property owned and operated by the |
23 | borough or subcontracted or operated on behalf of the borough in |
24 | order to conduct existing government functions; |
25 | (5) a person for [his] the person's exclusive use in an |
26 | industrial development program; |
27 | [(E) where real property is to be sold to] (6) a non-profit |
28 | corporation organized as a public library for its exclusive use |
29 | as a library; |
30 | [(F) where real property is to be sold to] (7) a non-profit |
|
1 | medical service corporation as authorized by clause [(76)] (50) |
2 | of section 1202; |
3 | [(G) where real property is to be sold to] (8) a non-profit |
4 | housing corporation as authorized by clause [(77)] (51) of |
5 | section 1202; |
6 | [(H) where real property is to be sold to] (9) the |
7 | Commonwealth or to the Federal Government; or |
8 | [(I) where real property is to be sold to] (10) a non- |
9 | profit museum or historical society for its exclusive use as a |
10 | non-profit museum or historical society. |
11 | [(v)] (b) When real property is to be sold to a non-profit |
12 | corporation organized as a public library for its exclusive use |
13 | as a library or to a non-profit medical service corporation or |
14 | to a non-profit housing corporation, council may elect to accept |
15 | [such] nominal consideration for [such] the sale as it shall |
16 | deem appropriate. |
17 | [(vi)] (c) Real property sold pursuant to this [clause] |
18 | section to a volunteer fire company, volunteer ambulance service |
19 | or volunteer rescue squad, non-profit medical service |
20 | corporation or to a non-profit housing corporation shall be |
21 | subject to the condition that when the property is not used for |
22 | the purposes of the company, service, squad or the corporation |
23 | the property shall revert to the borough. |
24 | [(vii) The exemption granted under subclause (iv)(C) shall |
25 | not apply to property owned and operated by the borough or |
26 | subcontracted or operated on the behalf of the borough in order |
27 | to conduct existing governmental functions. |
28 | (5) To invest in or purchase bonds of any municipal |
29 | authority or parking authority created solely by the borough, |
30 | for the purpose either of investment or of possible retirement |
|
1 | of such bonds and acquisition of authority projects at an |
2 | earlier date than originally contemplated, using for the purpose |
3 | either surplus funds of the borough or money appropriated in the |
4 | annual budget for the purpose.] |
5 | Section 155. Section 1202 of the act, amended or added |
6 | October 9, 1967 (P.L.399, No.181), November 24, 1967 (P.L.621, |
7 | No.283), December 14, 1967 (P.L.727, No.336), June 30, 1969 |
8 | (P.L.111, No.43), June 27, 1974 (P.L.412, No.145), December 19, |
9 | 1975 (P.L.561, No.158), June 23, 1978 (P.L.530, No.89), October |
10 | 4, 1978 (P.L.962, No.189), October 5, 1979 (P.L.197, No.66), |
11 | November 1, 1979 (P.L.453, No.90), May 9, 1980 (P.L.119, No.46), |
12 | December 11, 1986 (P.L.1499, No.158), March 30, 1988 (P.L.309, |
13 | No.40), July 10, 1990 (P.L.383, No.90), December 16, 1992 |
14 | (P.L.1215, No.158), December 14, 1995 (P.L.652, No.71), December |
15 | 18, 1996 (P.L.1156, No.176), June 22, 2000 (P.L.325, No.34), |
16 | June 25, 2001 (P.L.699, No.67), July 5, 2005 (P.L.44, No.13) and |
17 | March 17, 2008 (P.L.48, No.8) and repealed in part November 26, |
18 | 1978 (P.L.1399, No.330), is amended to read: |
19 | Section 1202. Specific Powers.--The powers of the borough |
20 | shall be vested in the [corporate authorities. Among the |
21 | specific powers of the borough shall be the following, and in] |
22 | borough council. In the exercise of any [of such] specific |
23 | powers involving the enactment of [any] an ordinance or the |
24 | making of any regulation, restriction or prohibition, the |
25 | borough may provide for [the] enforcement [thereof] and [may |
26 | prescribe] penalties for [the violation thereof or for the |
27 | failure to conform thereto] violations. The specific powers of |
28 | the borough shall include the following: |
29 | (1) Fees for service of certain officers and emergency |
30 | responders. To prescribe reasonable fees for the services of |
|
1 | their officers and to enforce the payment of the same. The |
2 | borough may also prescribe reasonable fees for costs associated |
3 | with services of emergency service, fire or traffic control |
4 | personnel rendered in response to vehicle accidents, and may |
5 | claim the costs against insurance policies or otherwise provide |
6 | for the collection or payment of the fees. This paragraph shall |
7 | not be applicable to the services rendered by borough police |
8 | officers in responding to motor vehicle accidents pursuant to 53 |
9 | Pa.C.S. § 1392 (relating to prohibition of fees for police |
10 | services). |
11 | (2) Regulation of charges in the operation of its utilities, |
12 | parking meters, parking lots, recreational facilities or its |
13 | other facilities and services to the public. In the operation of |
14 | its utilities, parking meters, parking lots, recreational |
15 | facilities, and other facilities and services, to make and |
16 | regulate charges therefor for general borough purposes. |
17 | (3) Fines and forfeitures. To impose fines and penalties, |
18 | incurring partial or total forfeiture, or to remit the same. |
19 | (4) Nuisances and dangerous structures. [To prohibit and |
20 | remove any obstruction or nuisance in the streets of the |
21 | borough. |
22 | (5) Nuisances and dangerous structures.] To prohibit and |
23 | remove any nuisance or dangerous structure on public or private |
24 | grounds, including but not limited to accumulations of garbage |
25 | and rubbish [and], the storage of abandoned or junked |
26 | automobiles [and to prohibit and remove any dangerous structure |
27 | on public or private grounds, or to] and obstructions or |
28 | nuisances in the streets of the borough. The borough may require |
29 | the removal of any [such] nuisance or dangerous structure by the |
30 | owner or occupier of [such] the grounds, in default of which the |
|
1 | borough may cause the same to be done, and collect the cost |
2 | [thereof] of removal, together with a penalty of ten percent of |
3 | [such] the cost, in the manner provided by law for the |
4 | collection of municipal claims, or by action of assumpsit, or |
5 | may seek relief by bill in equity. |
6 | [(6)] (5) Health and cleanliness regulations. To make such |
7 | regulations as may be necessary for the health, safety, morals, |
8 | general welfare and cleanliness and the beauty, convenience, |
9 | comfort and safety of the borough. |
10 | [(7) Burial of deceased persons. To prohibit, within the |
11 | borough limits, or within any described territory within such |
12 | limits, the burial or interment of deceased persons. |
13 | (8)] (6) Regulation of vaults, cesspools and drains. To make |
14 | regulations respecting vaults, cesspools and drains. |
15 | [(9)] (7) Manure and compost regulations. To make |
16 | regulations relative to the accumulation of manure, compost and |
17 | the like to the extent authorized by 3 Pa.C.S. Ch. 5 (relating |
18 | to nutrient management and odor management). |
19 | [(10) Accumulations of garbage] (8) Garbage and other |
20 | refuse material. (i) To individually or jointly with other |
21 | municipal corporations pursuant to an agreement, prohibit |
22 | accumulations of garbage or other refuse material upon public |
23 | and private property and to [provide] make regulations for the |
24 | care, removal [of prohibited accumulations] and collection of |
25 | garbage or other refuse material[.], including: |
26 | (A) To provide for the collection and imposition of |
27 | reasonable fees and charges for the collection of garbage and |
28 | other refuse material. |
29 | (B) To erect, operate and maintain refuse disposal or |
30 | incineration facilities or sanitary landfills, either within or |
|
1 | without the limits of the borough, or provide other means for |
2 | the collection, destruction or removal of garbage and other |
3 | refuse material, and provide for the payment of the cost or |
4 | expense thereof, either in whole or in part, out of the funds of |
5 | the borough. |
6 | (C) To purchase real estate for the purpose of erecting, |
7 | operating and maintaining refuse disposal or incineration |
8 | facilities or sanitary landfills, provided, however, that prior |
9 | to any acquisition of property pursuant to this paragraph the |
10 | borough shall, individually or jointly, as the case may be, |
11 | obtain the approval of the court of common pleas for the |
12 | location of the facilities or landfill after a hearing and |
13 | subject to notice as the court shall require. If no objections |
14 | are heard at the hearing, the court shall approve the location. |
15 | If any objection is made, the court shall proceed to hear the |
16 | matter and determine whether the location is a detriment to |
17 | neighboring properties. The finding of the court shall be |
18 | conclusive, but in no way shall adjudicate any question relating |
19 | to damages for injury to property. |
20 | (D) To take and appropriate real estate for purposes of |
21 | refuse disposals or incineration facilities or sanitary |
22 | landfills in accordance with Article XV if a purchase price |
23 | cannot first be agreed upon, provided, however, that no real |
24 | estate located outside the limits of the borough, or outside the |
25 | limits of the joint municipal corporations in the case of a |
26 | joint effort, shall be taken and appropriated if the real estate |
27 | currently contains or is being used for a refuse disposal or |
28 | incineration facility or a sanitary landfill. |
29 | (ii) Regulations enacted pursuant to this section shall be |
30 | consistent with the act of July 7, 1980 (P.L.380, No.97), known |
|
1 | as the "Solid Waste Management Act," the act of July 28, 1988 |
2 | (P.L.556, No.101), known as the "Municipal Waste Planning, |
3 | Recycling and Waste Reduction Act," and subject to any other |
4 | necessary Federal or State approval. |
5 | [(11) Removal of garbage and other refuse material. To make |
6 | regulations for the care and removal of garbage and other refuse |
7 | material, including the imposition and collection of reasonable |
8 | fees and charges therefor. |
9 | (12) Hogs. To prohibit the keeping of hogs within the |
10 | borough, or within any part of the borough. |
11 | (13)] (9) Dogs, cats and other pets. To the extent not |
12 | otherwise prohibited by the act of December 7, 1982 (P.L.784, |
13 | No.225), known as the "Dog Law," to destroy dogs found at large |
14 | contrary to laws of the Commonwealth; to prohibit or regulate, |
15 | by ordinance, the running at large of dogs, cats [and/or] or |
16 | other pets, and, in the enforcement of [such] the regulations, |
17 | to direct the killing of dogs, cats [and/or] or other pets, or |
18 | their seizure and detention, prescribing reasonable charges for |
19 | their seizure and detention, and to provide for their sale for |
20 | the benefit of the borough, in default of the redemption |
21 | [thereof] of the pet by their owners. |
22 | [(14)] (10) Livestock, fowls and [certain] all other |
23 | animals. To [prohibit and regulate, by ordinance,] enact |
24 | ordinances prohibiting or regulating the keeping or running at |
25 | large of livestock and fowls and any other animals not covered |
26 | in clause [(13) hereof] (9), and [to authorize] authorizing |
27 | their seizure [and], detention, [prescribing] or, in the case of |
28 | unowned pigeons, humane destruction. The borough may prescribe |
29 | reasonable charges [therefor, and to] for the seizure and |
30 | detention of the animals and provide for their sale for the |
|
1 | benefit of the borough, in default of the redemption [thereof] |
2 | of the animals by their owners. Ordinances enacted pursuant to |
3 | this clause shall not unreasonably interfere with any |
4 | agricultural operation to the extent prohibited by applicable |
5 | State law. |
6 | [(15) Pigeons. To authorize or provide for the destruction |
7 | or killing of unowned pigeons within the geographical limits of |
8 | the borough by any humane means. |
9 | (16)] (11) Smoke regulations. To regulate the emission of |
10 | smoke from chimneys, smokestacks and other sources to the extent |
11 | the regulation is not otherwise prohibited by applicable Federal |
12 | or State law. This clause shall not apply to locomotive |
13 | smokestacks. |
14 | [(17)] (12) Street and sewer regulations; obstructions. To |
15 | regulate the streets, sewers, public squares, common grounds, |
16 | sidewalks, curbs, gutters, culverts and drains, and the heights, |
17 | grades, widths, slopes and their construction [thereof;] and to |
18 | prohibit the erection or construction of any building or other |
19 | obstruction to the convenient use of the same. |
20 | [(18)] (13) Riding or driving on sidewalks. To prohibit or |
21 | regulate the riding [or], driving, parking or other passage of |
22 | [animals, or the passage of] any animal or vehicle, over, along |
23 | and across sidewalks. As used in this paragraph, the word |
24 | "vehicle" shall include any device in, upon or by which any |
25 | person or property may be transported, but not a self-propelled |
26 | wheelchair or an electrical mobility device operated by and |
27 | designed for the exclusive use of a person with a mobility- |
28 | related disability. |
29 | [(19) Stands for cabs and other vehicles for hire. To |
30 | establish stands for cabs and other vehicles for hire, to |
|
1 | establish charges therefor, and to enforce the observance and |
2 | use thereof. |
3 | (20)] (14) Disorderly conduct; disturbance of the peace; |
4 | ordinances. To adopt ordinances defining disorderly conduct |
5 | [and/or] or disturbing the peace within the limits of the |
6 | borough, and to provide for the imposition of penalties for |
7 | [such] the conduct in [such] amounts, without limitation except |
8 | as in this act provided, as council shall establish, and |
9 | notwithstanding any statutes of the Commonwealth upon disorderly |
10 | conduct [and/or] or disturbing the peace and the penalties |
11 | therefor. |
12 | (15) Construction code, property maintenance code, fire |
13 | prevention code and reserved powers. To adopt and enforce a |
14 | construction code, a property maintenance code, a fire |
15 | prevention code and exercise any additional reserved powers |
16 | pursuant to Article XXXII-A. |
17 | [(21) Fire regulations; fire prevention codes by reference. |
18 | To make regulations, within the borough, or within such limits |
19 | thereof as may be deemed proper, relative to the cause and |
20 | management of fires and the prevention thereof. To enact and |
21 | enforce suitable fire prevention codes, and to provide for the |
22 | enforcement thereof by a suitable fine, and by instituting |
23 | appropriate actions or proceedings, at law or in equity, to |
24 | effect the purposes of this provision and ordinances thereunder. |
25 | Such fire prevention code shall not be advertised by publication |
26 | of the full text thereof, and, in place of such complete |
27 | advertisement, an informative notice of intention to consider |
28 | such proposed fire prevention code, and a brief summary, setting |
29 | forth the principal provisions of such proposed fire prevention |
30 | code in such reasonable detail as will give adequate notice of |
|
1 | its contents and a reference to the place or places within the |
2 | borough where copies of such proposed fire prevention code may |
3 | be examined or obtained shall be published once in one newspaper |
4 | of general circulation in the borough at least one week and not |
5 | more than three weeks prior to the presentation of the proposed |
6 | fire prevention code to council. No further advertisement or |
7 | notice need be published following enactment of the fire |
8 | prevention code. |
9 | The fire prevention code may be adopted by reference to a |
10 | standard fire prevention code, or to parts thereof, determined |
11 | by council, or the provisions of the code may be supplied by |
12 | reference to a typed or printed fire prevention code, prepared |
13 | under the direction of or accepted by the council, or the |
14 | provisions may consist of a standard code, or parts thereof, and |
15 | also further provisions typed or printed as aforesaid. Copies of |
16 | the fire prevention code thus adopted by reference shall be made |
17 | available to any interested party at the cost thereof, or may be |
18 | furnished or loaned without charge. Such fire prevention code |
19 | need not be recorded in or attached to the ordinance book, but |
20 | it shall be deemed to have been legally recorded if the |
21 | ordinance by which such fire prevention code was adopted by |
22 | reference shall have been recorded, with an accompanying |
23 | notation stating where the full text of the fire prevention code |
24 | shall have been filed. |
25 | (22)] (16) Prohibition of fire producing devices [in certain |
26 | retail stores] and smoking. To prohibit and regulate the smoking |
27 | or carrying of lighted cigarettes, cigars, pipes or matches, and |
28 | the use of matches or fire-producing devices[, in retail stores |
29 | arranged to accommodate one hundred persons or more or which |
30 | employ ten or more persons]. Any ordinance enacted or regulation |
|
1 | or resolution adopted under this clause shall not [prohibit] |
2 | regulate smoking in [any restaurant, rest room, beauty parlor, |
3 | executive office or any room designated for smoking in such |
4 | store.] a manner that conflicts with the act of June 13, 2008 |
5 | (P.L.182, No.27), known as the "Clean Indoor Air Act." |
6 | [(23)] (17) Dangerous and inflammable articles, substances |
7 | and materials. To the extent not otherwise prohibited by Federal |
8 | or State law or regulation, to prohibit the manufacture, sale or |
9 | storage of fireworks and inflammable or otherwise dangerous |
10 | articles, substances or materials; to prescribe the quantities |
11 | of [any such] inflammable or dangerous articles, substances or |
12 | materials that may be kept in any location [and/or] or building; |
13 | to grant permits for the supervised public displays of fireworks |
14 | and adopt rules and regulations governing the displays; and to |
15 | [prescribe such] impose other safeguards concerning inflammable |
16 | articles as may be necessary. |
17 | [(24) Building, housing, property maintenance, plumbing and |
18 | other regulations. To enact and enforce ordinances relating to |
19 | buildings and housing, their construction, alteration, |
20 | extension, repair and maintenance and all facilities and |
21 | services in or about such buildings or housing, to require that, |
22 | before any work of construction, alteration, extension, or |
23 | repair of any building is begun, approval of the plans and |
24 | specifications therefor be secured; to provide for the |
25 | inspection of such work of construction, alteration, extension |
26 | and repair, including the appointment of one or more building |
27 | inspectors and/or housing inspectors; to prescribe limits |
28 | wherein none but buildings of noncombustible material and |
29 | fireproof roofs shall be erected, or substantially |
30 | reconstructed, or moved thereinto; to provide for enforcement of |
|
1 | such regulations by a reasonable fine, and by instituting |
2 | appropriate actions or proceedings at law, or in equity, to |
3 | effect the purposes of this provision and ordinances enacted |
4 | thereunder. Any building, housing or property, or part thereof |
5 | erected, altered, extended, reconstructed, removed or |
6 | maintained, contrary to any of the provisions of any ordinance |
7 | passed for any of the purposes specified in this clause is |
8 | declared to be a public nuisance and abatable as such. |
9 | Any such ordinance may be adopted by reference to a standard |
10 | building code, housing code or other standard codes, or to parts |
11 | thereof, determined by council, or the provisions of the |
12 | ordinance may be supplied by reference to a typed or printed |
13 | building code, housing code or other standard codes, prepared |
14 | under the direction of or accepted by council, or the provisions |
15 | may consist of a standard building code, housing code or other |
16 | standard codes, or parts thereof, and also further provisions |
17 | typed or printed as aforesaid. Such building code, housing code |
18 | or other standard codes shall not be advertised either in |
19 | advance of or following enactment, by publication of the full |
20 | text thereof, and, in place of such complete advertisement, an |
21 | informative notice of intention to consider such proposed |
22 | building code, housing code or other standard codes, and a brief |
23 | summary, setting forth the principal provisions of such proposed |
24 | building code, housing code or other standard codes in such |
25 | reasonable detail as will give adequate notice of its contents |
26 | and a reference to the place or places within the borough where |
27 | copies of such proposed building code, housing code or other |
28 | standard codes may be examined or obtained shall be published |
29 | once in one newspaper of general circulation in the borough at |
30 | least one week and not more than three weeks prior to the |
|
1 | presentation of the proposed building code, housing code or |
2 | other standard codes to council. No further advertisement or |
3 | notice need be published following enactment of the building |
4 | code, housing code or other standard codes. Copies of the |
5 | building code, housing code or other standard codes thus adopted |
6 | by reference shall be made available to any interested party at |
7 | the cost thereof, or may be furnished or loaned without charge. |
8 | Such building code, housing code or other standard codes need |
9 | not be recorded in or attached to the ordinance book, but it |
10 | shall be deemed to have been legally recorded if the ordinance |
11 | by which such building code, housing code or other standard |
12 | codes were adopted by reference shall have been recorded, with |
13 | an accompanying notation stating where the full text of such |
14 | building code, housing code or other standard codes shall have |
15 | been filed. The procedure set forth relating to the adoption of |
16 | the building code, housing code or other standard codes, by |
17 | reference, may likewise be adopted in amending, supplementing or |
18 | repealing any of the provisions of the building code, housing |
19 | code or other standard codes. |
20 | To enact suitable ordinances relating to property maintenance |
21 | and plumbing, in the same manner and to the same effect as |
22 | herein provided for building codes, housing codes or other |
23 | standard codes. The building code, the property maintenance |
24 | code, the housing code and the plumbing code may be combined or |
25 | separately enacted or combined with other standard codes. |
26 | Any ordinance previously enacted by a borough which provides |
27 | for the purposes authorized by this clause is hereby validated. |
28 | (25)] (18) Numbering buildings. To require and regulate the |
29 | numbering of buildings and lots. |
30 | [(26) Building lines. To establish and maintain uniform |
|
1 | building lines upon any or all streets of the borough. |
2 | (27)] (19) Party wall and fence regulations. To make |
3 | regulations respecting partition fences and the foundations and |
4 | party walls of buildings. |
5 | (20) Prohibition, licensing and regulation of business. |
6 | (i) In addition to licensing in accordance with Article |
7 | XXIX, council may prohibit, license and regulate by ordinance |
8 | the following: |
9 | (A) Noxious and offensive businesses. Council may prohibit, |
10 | within the borough, the carrying on of any manufacture, art, |
11 | trade or business which may be noxious or offensive and |
12 | therefore prejudicial to the public health or safety of the |
13 | inhabitants. |
14 | (B) Junk yards. Council may prohibit, regulate and license |
15 | the establishment and maintenance of junk yards, salvage yards |
16 | and other places used and maintained for the collection, storage |
17 | and disposal of used or second-hand goods and materials. |
18 | (C) Market places. Council may: |
19 | (I) regulate markets whether for individual use or for |
20 | resale; |
21 | (II) purchase and own ground; |
22 | (III) erect, establish and maintain market places for which |
23 | purposes parts of a street or sidewalk may be temporarily used; |
24 | (IV) contract with a person or association of persons, |
25 | companies or corporations for the erection, maintenance and |
26 | regulation of market places, on terms and conditions, and in a |
27 | manner, as the council may prescribe; |
28 | (V) provide and enforce suitable regulations respecting |
29 | market places; |
30 | (VI) provide for the payment of the cost or expense of |
|
1 | market places, either in whole or in part, out of the funds of |
2 | the borough; and |
3 | (VII) levy and collect a suitable license fee from every |
4 | person who may be authorized by council to occupy any portion of |
5 | market places, or any portion of the streets or sidewalks for |
6 | temporary market purposes. |
7 | (ii) Notwithstanding the enumeration in subparagraph (i), |
8 | boroughs may prohibit, license and regulate businesses unless |
9 | prohibited by law. |
10 | (21) Zoning and land use regulations; building lines. To |
11 | plan for and regulate the development of the borough by: |
12 | (i) establishing and maintaining uniform building lines upon |
13 | any or all borough streets pursuant to applicable law; and |
14 | (ii) utilizing powers delegated by the Pennsylvania |
15 | Municipalities Planning Code, and other applicable laws by |
16 | adopting zoning, subdivision and land use and development |
17 | regulations. |
18 | [(28) Noxious and offensive businesses. To prohibit, within |
19 | the borough, the carrying on of any manufacture, art, trade, or |
20 | business which may be noxious or offensive to the inhabitants. |
21 | (29) Junk yards. To prohibit, regulate and license the |
22 | establishment and maintenance of junk yards, salvage yards and |
23 | other places used and maintained for the collection, storage and |
24 | disposal of used or second-hand goods and materials. |
25 | (30) Regulating and prohibiting amusements. To regulate, |
26 | license, fix the time of opening and closing, or prohibit |
27 | theatrical exhibitions, amusements and dances, at which an |
28 | admission or other fee is charged, and other exhibitions; to |
29 | regulate, license and fix the time of opening and closing of |
30 | pool-rooms, billiard-rooms, shooting galleries, skating rinks |
|
1 | and bowling alleys. |
2 | (31) Markets, market houses and peddling. To regulate |
3 | markets and peddling, whether for individual use or for resale; |
4 | and to purchase and own ground for and to erect, establish and |
5 | maintain market houses and market places, for which latter |
6 | purposes, parts of any streets or sidewalks may be temporarily |
7 | used; to contract with any person or persons, or association of |
8 | persons, companies, or corporations, for the erection, |
9 | maintenance and regulation of market houses and market places, |
10 | on such terms and conditions, and in such manner, as the council |
11 | may prescribe; to provide and enforce suitable regulations |
12 | respecting said market houses and market places and to provide |
13 | for the payment of the cost or expense thereof, either in whole |
14 | or in part, out of the funds of the borough; and to levy and |
15 | collect a suitable license fee from every person who may be |
16 | authorized by council to occupy any portion of said market |
17 | houses or market places, or any portion of the streets or |
18 | sidewalks for temporary market purposes. |
19 | (32) Creation of special funds; investments. To set aside in |
20 | a separate fund any moneys received out of or from the sale, |
21 | lease, or other disposition of any borough property or received |
22 | from any source other than taxation, unless such money was |
23 | received or acquired for a particular purpose. Such fund shall |
24 | be controlled, invested and administered, and the income arising |
25 | therefrom expended, in such manner as may be determined by |
26 | action of the council pursuant to the ordinance creating the |
27 | fund. Such ordinance may provide that only the income from such |
28 | fund may be used or expended, and that neither principal, not |
29 | any part thereof, may be used or expended unless upon |
30 | authorization of a majority vote of the qualified electors of |
|
1 | the borough. All ordinances heretofore enacted and ordained by |
2 | any borough, creating and establishing such a separate fund as |
3 | is authorized by this clause, shall be deemed and taken as valid |
4 | and effectual for all purposes: Provided, That all other |
5 | requirements of law concerning the enactment of the same have |
6 | been complied with. |
7 | (33)] (22) Creation of capital reserve fund for anticipated |
8 | capital expenditures. To create and maintain a separate capital |
9 | reserve fund for anticipated legal capital expenditures. The |
10 | money in the fund shall be used, from time to time, for the |
11 | construction, purchase or replacement of or addition to |
12 | municipal buildings, equipment, machinery, motor vehicles or |
13 | other capital assets of the borough and for no other purpose. |
14 | Council may appropriate moneys from the general borough funds |
15 | to be paid into the capital reserve fund or place in the fund |
16 | any moneys received from the sale, lease or other disposition of |
17 | any borough property or from any other source, unless received |
18 | or acquired for a particular purpose. The fund shall be |
19 | controlled, invested, reinvested and administered and the moneys |
20 | expended for any of the purposes for which the fund is created |
21 | in [such] a manner as may be determined by council. The money in |
22 | the fund, when invested, shall be invested in securities |
23 | designated by [law] 53 Pa.C.S. Pt. VII Subpt. B (relating to |
24 | indebtedness and borrowing) as legal investments for sinking |
25 | funds of municipalities. |
26 | This clause shall not be construed to limit the powers of the |
27 | borough to the use of moneys in the capital reserve fund in |
28 | making lawful capital expenditures. |
29 | (23) Operating Reserve Fund. To create and maintain a |
30 | separate operating reserve fund from which appropriations may be |
|
1 | made to meet emergencies involving the health, safety and |
2 | welfare of the residents of the borough, to counterbalance |
3 | potential budget deficits resulting from shortfalls in |
4 | anticipated revenues or program receipts from whatever source, |
5 | or to provide anticipated operating expenditures related either |
6 | to the planned growth of existing projects or programs or to the |
7 | establishment of new projects or programs if for a project or |
8 | program appropriations have been made and allocated to a |
9 | separate restricted account established within the operating |
10 | reserve fund. Council may annually make appropriations from the |
11 | general fund to the operating reserve fund, but no appropriation |
12 | shall be made to the operating reserve fund if the effect of the |
13 | appropriation would cause the fund to exceed five per centum of |
14 | the estimated revenues of the borough's general fund in the |
15 | current fiscal year. The operating reserve fund shall be |
16 | invested, reinvested and administered in a manner consistent |
17 | with the provisions of section 1316 relating to investment of |
18 | funds. |
19 | [(34) Joint municipal agreements] (24) Intergovernmental |
20 | Cooperation. To enter into agreements with other political |
21 | subdivisions, in accordance with existing laws, in making joint |
22 | purchases of materials, supplies or equipment and in performing |
23 | governmental powers, duties and functions and in carrying into |
24 | effect provisions of [law relating to said subjects which are |
25 | common to such political subdivisions] 53 Pa.C.S. Ch. 23 Subch. |
26 | A (relating to intergovernmental cooperation), and agreements |
27 | with the proper authorities of municipal corporations, regional |
28 | police or fire forces, or other public safety or governmental |
29 | entities created by two or more municipal corporations pursuant |
30 | to 53 Pa.C.S. Ch. 23 Subch. A, either for mutual aid or |
|
1 | assistance in police and fire protection or any other public |
2 | safety services, or for the furnishing to or, receiving from the |
3 | municipal corporations or governmental entities, police and fire |
4 | protection or any other public safety services, and to make |
5 | appropriations for public safety services. In connection with |
6 | agreements for police or fire protection or any other public |
7 | safety services, it shall not be necessary to advertise for bids |
8 | or receive bonds as required for contracts under existing law. |
9 | When an agreement has been entered into, the police, |
10 | firefighters, fire police or any other public safety services of |
11 | the employing municipal corporation or governmental entity shall |
12 | have all the powers and authority conferred by law on police, |
13 | firefighters, fire police or any other public safety services in |
14 | the territory of the municipal corporation which has contracted |
15 | to secure the service. |
16 | [(35) Joint contracts for police and fire protection. To |
17 | enter into contracts with the proper authorities of near or |
18 | adjacent cities, boroughs, or townships, either for mutual aid |
19 | or assistance in police and fire protection, or for the |
20 | furnishing to or, receiving from, such cities, boroughs, or |
21 | townships, aid and assistance in police and fire protection, and |
22 | to make appropriations therefor: Provided, That in connection |
23 | with such contracts, it shall not be necessary to advertise for |
24 | bids or receive bonds as required for other contracts under |
25 | existing law. When any such contract has been entered into the |
26 | police, firemen or fire police of the employing city, borough or |
27 | township shall have all the powers and authority conferred by |
28 | law on city, borough or township police, firemen, or fire police |
29 | in the territory of the city, borough or township which has |
30 | contracted to secure such service. |
|
1 | (36)] (25) Insurance on property. To make contracts of |
2 | insurance, with any mutual or other fire insurance company, |
3 | association or exchange, duly authorized by law to transact |
4 | insurance business in the Commonwealth of Pennsylvania, on any |
5 | building or property owned or leased by the borough. |
6 | [(37)] (26) Other insurance. (i) Workers' compensation |
7 | insurance. To appropriate [such] an amount as may be necessary |
8 | to secure insurance or compensation in accordance with Article |
9 | VI of the act of June 2, 1915 (P.L.736, No.338), known as the |
10 | "Workers' Compensation Act," for: |
11 | (A) volunteer [firemen] fire fighters of companies duly |
12 | recognized by the borough, by motion or resolution, killed or |
13 | injured while going to, returning from, or attending fires, or |
14 | while performing their duties as special fire police[.]; and |
15 | (B) other borough employes as "employe" is defined in |
16 | section 601 of the "Workers' Compensation Act." |
17 | (ii) Life and health insurance. To make contracts of |
18 | insurance with any insurance company, association or exchange, |
19 | authorized to transact business in the Commonwealth, insuring |
20 | borough employes, or any class or classes of employes, or mayor |
21 | and council, [or any class, or classes thereof,] or their |
22 | dependents, under a policy or policies of insurance covering |
23 | life, health, hospitalization, medical and surgical service |
24 | [and/or] or accident insurance[, and to]. |
25 | (iii) Pension contracts. To contract with [any such] an |
26 | insurance company, granting annuities or pensions, for the |
27 | pensioning of borough employes, or any class, or classes |
28 | [thereof] of employes, and to agree to pay part or all of the |
29 | premiums or charges for carrying [such] the contracts, and to |
30 | appropriate moneys from the borough treasury for such purposes. |
|
1 | (iv) Liability insurance. To make contracts with any |
2 | insurance company, association or exchange, authorized to |
3 | transact business in this Commonwealth, insuring any public |
4 | liability of the borough, and to appropriate moneys from the |
5 | borough treasury for such purpose. |
6 | (v) Nothing in this clause shall affect any contract, right |
7 | or coverage of insurance vested or existing on the effective |
8 | date of this clause. Contract, as used in this clause, includes |
9 | an annuity contract, provided that the option to renew continues |
10 | to provide the same rights to the annuitant that existed on the |
11 | effective date of this clause. |
12 | [(38) Contract with railways. To enter into contract with |
13 | any person or company, operating a street passenger railway, |
14 | surface, elevated, or underground, or furnishing motor |
15 | transportation, or leasing and operating the franchise and |
16 | property of such person or company, within the limits of the |
17 | borough, regulating the franchises, powers, duties and |
18 | liabilities of such persons or companies, and the respective |
19 | rights of the contracting parties. Such contracts may, inter |
20 | alia, provide for payments by the persons or companies to the |
21 | borough, in lieu of the performance of certain duties, or the |
22 | payment of license fees or charges imposed in favor of such |
23 | borough, or by the charters of any such companies, or by any |
24 | general law, or ordinances; for the appointment by the borough |
25 | of a certain number of persons to act as director of any such |
26 | company, in conjunction with the directors elected by the |
27 | stockholders of such company; and may further provide for the |
28 | ultimate acquisition by the borough, upon terms mutually |
29 | satisfactory, of the leaseholds, property and franchises of the |
30 | contracting persons or companies. |
|
1 | Subject to the approval of the Public Utility Commission, and |
2 | in order to secure the removal of any street railway tracks, or |
3 | to prevent the laying of any tracks authorized to be laid, or to |
4 | change the route of any street railway on any street to enter |
5 | into a contract with a street railway or motor power company, |
6 | owning, leasing, or operating such tracks, for a period not to |
7 | exceed fifty years, for such considerations and upon such |
8 | conditions as may be agreed upon. |
9 | Such contract may include a covenant providing that, during |
10 | the continuance thereof, municipal consent shall not be granted |
11 | to any other company to use, for street railway or passenger |
12 | transportation purposes, any streets covered by such contract. |
13 | Such covenant may be enforced by bill in equity against the |
14 | borough. The contract may also provide for the laying or |
15 | relaying of tracks, upon such terms and upon such conditions as |
16 | may be agreed upon.] |
17 | (27) Public transportation. To contract with a company |
18 | owning, leasing or operating a light rail or similar |
19 | transportation system, whether surface, elevated or underground, |
20 | within the limits of the borough, for the acquisition, leasing |
21 | or regulation of the franchises, property, powers, duties and |
22 | liabilities of the company for the purpose of providing public |
23 | transportation. A contract may provide that the companies may |
24 | make payments to the borough in lieu of the performance of |
25 | certain duties or may include a provision that municipal consent |
26 | shall not be granted to any other company for the same services |
27 | covered by the contract. A contract may also provide, subject to |
28 | any required approval by the Public Utility Commission and |
29 | consistent with the jurisdictional limits established under 49 |
30 | U.S.C. (relating to transportation), for the laying, |
|
1 | installation or removal of tracks or lines, to prevent the |
2 | laying or installation of otherwise authorized tracks or lines, |
3 | or to change the route of any tracks or lines, for the |
4 | considerations and upon conditions as may be agreed upon. |
5 | Borough council may acquire, maintain and operate any existing |
6 | inclined plane passenger transportation facilities and may |
7 | acquire or may establish vehicular feeder lines for those |
8 | facilities. |
9 | [(39) Water supply. To provide a supply of water and to make |
10 | regulations for the protection of the pipes, reservoirs and |
11 | other constructions or apparatus; to prevent the waste of water |
12 | so supplied, and to regulate the drilling of wells within the |
13 | borough. |
14 | (40)] (28) Community buildings and public facilities. To |
15 | acquire land or buildings by purchase [and own ground for, and], |
16 | gift, exchange or eminent domain, to erect[, establish, or |
17 | purchase] a building[, to be used] or to lease land or |
18 | buildings, within the borough limits, for community purposes, or |
19 | for public facilities such as comfort and waiting stations and |
20 | drinking fountains, and to erect watering troughs, and to |
21 | maintain the [same] public facilities; to provide for the |
22 | payment of [the] their cost [thereof], and the expense of [such] |
23 | their maintenance either in whole or in part out of the funds of |
24 | the borough. |
25 | [(41)] (29) Lockup. To provide a lockup for the temporary |
26 | detention of persons. |
27 | [(42)] (30) Flags. To display the flag of the United States |
28 | of America, of the Commonwealth of Pennsylvania, the official |
29 | POW/MIA flag or the flag of any county, city, borough or other |
30 | municipality in the State, on the public buildings or grounds |
|
1 | and in public places of the borough. |
2 | [(43) Comfort stations. To use land owned by the borough and |
3 | to acquire or lease land or land and buildings within the |
4 | borough limits, for the purposes of construction or of providing |
5 | comfort and waiting stations and drinking fountains and to |
6 | maintain such public facilities; to contribute to the |
7 | maintenance of any such public facilities which may be located |
8 | in or upon property not owned or leased by the borough. The |
9 | damages accruing to abutting properties, by reason of any such |
10 | improvements constructed or provided by the borough, shall be |
11 | ascertained and collected in the manner provided in the laws |
12 | governing eminent domain. |
13 | (44) Watering troughs. To erect and maintain watering |
14 | troughs. |
15 | (45) Garbage and refuse disposal facilities. To erect, |
16 | operate and maintain garbage plants, either within or without |
17 | the limits of the borough, or to provide other means for the |
18 | collection, destruction, or removal of garbage and other refuse |
19 | material, and to provide for the payment of the cost or expense |
20 | thereof, either in whole or in part, out of the funds of the |
21 | borough. |
22 | (46)] (31) Parking lots. To acquire by lease, purchase or |
23 | eminent domain any land which the [corporate authorities] |
24 | borough council may deem necessary or desirable for the purpose |
25 | of establishing and maintaining parking lots, and to regulate |
26 | the use [thereof] of parking lots, and to regulate parking and |
27 | provide parking accommodations so as to promote the convenience |
28 | and protection of the public and to establish or designate, at |
29 | the discretion of the [corporate authorities] borough council, |
30 | areas exclusively reserved for parking by handicapped |
|
1 | individuals and to post signs regulating [such] the areas. The |
2 | right to regulate the use of the lots shall include the right to |
3 | impose fines and fees for violation of any law or ordinance |
4 | regulating parking. Regulation of parking lots shall be |
5 | consistent with 75 Pa.C.S (relating to vehicles) and the act of |
6 | October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania |
7 | Human Relations Act." |
8 | [(47) Inclined planes. To acquire by purchase, lease, or |
9 | otherwise, any existing inclined plane passenger and vehicular |
10 | traffic transportation facilities, and to maintain and operate |
11 | the same in the transportation of passengers and vehicles for |
12 | hire, and for the accommodation of the public, and in like |
13 | manner to acquire or to establish bus feeder lines, and to |
14 | maintain and operate the same in connection with such inclined |
15 | plane passenger and vehicular traffic transportation facilities. |
16 | (48)] (32) Historical property. To acquire by purchase, or |
17 | by gift, and to repair, supervise, operate and maintain ancient |
18 | landmarks, and other property of historical or antiquarian |
19 | interest and to make appropriations to nonprofit associations or |
20 | corporations organized for the purpose of acquiring and |
21 | maintaining historical properties. [Such] The appropriations |
22 | shall only be used by the association or corporation for the |
23 | acquisition, restoration and maintenance of the historical |
24 | properties. |
25 | [(49)] (33) Provisions against hazards of war, terrorism and |
26 | disasters. To [build or establish bomb shelters or assist in so |
27 | doing to] provide against all hazards of war, terrorism and |
28 | other disasters and their consequences; and for [all such] those |
29 | purposes, to have the power of eminent domain, to cooperate with |
30 | any other unit and agency of government, Federal, State or |
|
1 | local, in every lawful way, for purposes of defense against the |
2 | hazards of war and terrorism and to further provide against the |
3 | hazards of manmade or natural disasters in conjunction with the |
4 | powers applicable to boroughs in 35 Pa.C.S. Pt. V (relating to |
5 | Emergency Management Services). |
6 | [(50) Street lighting. To provide street lights and to make |
7 | regulations for the protection thereof; and, upon the petition |
8 | of a majority of abutting property owners of the section |
9 | affected, to provide for the ornamental illumination of any |
10 | section of the borough and to collect the cost of the |
11 | installation of such illumination from the owners of property |
12 | fronting the streets upon which the same is installed by the |
13 | foot-front rule. |
14 | (51)] (34) Towing [equipment]. To purchase vehicles and |
15 | other equipment necessary for the towing of motor vehicles, |
16 | tractors, trailers, recreational trailers and other vehicles |
17 | from highways, roads, streets, and public property of the |
18 | borough and to impose fees [therefor] for towing whenever [such] |
19 | the towing equipment is used for the lawful removal of motor |
20 | vehicles, tractors, trailers, recreational trailers and other |
21 | vehicles from highways, roads, streets, and public property of |
22 | the borough [and/or] and to authorize or contract with [one or |
23 | more] commercial towers that agree to tow vehicles for a |
24 | negotiated price as the official towers for the borough for the |
25 | lawful removal of motor vehicles, tractors, trailers, |
26 | recreational trailers and other vehicles from highways, roads, |
27 | streets and public property of the borough in accordance with |
28 | Federal and State law and to impose fees in the same manner as |
29 | hereby authorized when the towing is performed with borough |
30 | vehicles and equipment. A commercial tower that agrees not to |
|
1 | charge in excess of the negotiated price and is otherwise |
2 | lawfully authorized to tow vehicles in accordance with Federal |
3 | and State law, shall be put on an official rotation list for the |
4 | borough if borough council provides for a list. This clause |
5 | shall apply only when the borough is requesting a vehicle to be |
6 | towed. In all other cases, the owner or operator of a vehicle |
7 | shall be permitted to select and pay for the tower. |
8 | [(52)] (35) Fire, rescue and life saving apparatus and |
9 | [houses] buildings. To purchase, or contribute to the purchase |
10 | of fire engines and fire apparatus, boats, rescue and life |
11 | saving equipment and supplies for the use of the borough[, and |
12 | to appropriate money to fire companies, rescue units and for the |
13 | construction, repair and maintenance of fire company and rescue |
14 | units houses, including the acquisition of land for such |
15 | purposes and, as set forth in this clause, for fire training |
16 | schools and centers. |
17 | The council may annually appropriate funds to fire companies |
18 | located within the borough for the training of its personnel, |
19 | and to lawfully organized or incorporated county or regional |
20 | firemen's associations or an entity created pursuant to the act |
21 | of July 12, 1972 (P.L.762, No.180), referred to as the |
22 | Intergovernmental Cooperation Law, to establish, equip, maintain |
23 | and operate fire training schools or centers] for fire, rescue |
24 | and life saving services including community ambulance service. |
25 | To appropriate money for fire companies and rescue units located |
26 | within the borough including for the construction, repair and |
27 | maintenance of buildings for fire companies and rescue units and |
28 | to acquire land for those purposes. Appropriations may include |
29 | funds to establish, equip, maintain and operate lawfully |
30 | organized or incorporated fire training schools within the |
|
1 | county or regional fire fighters' associations or an entity |
2 | created pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to |
3 | intergovernmental cooperation) for the purpose of giving |
4 | instruction and practical training in the prevention, control |
5 | and fighting of fire and related fire department emergencies to |
6 | the members of fire departments and volunteer fire companies in |
7 | any city, borough or town within this Commonwealth. Annual |
8 | appropriations may also be made to an ambulance service, or |
9 | borough council may enter into contracts for use in providing |
10 | community ambulance service. |
11 | [(53) Eminent domain for national guard purposes. To take, |
12 | by right of eminent domain, for the purpose of appropriating to |
13 | themselves for the use of the National Guard of Pennsylvania, |
14 | such public lands, easements, and public property, as may be in |
15 | their possession or control and used or held by them for any |
16 | other purpose. Such right, however, shall not be exercised as to |
17 | any street or wharf. |
18 | (54) Lands for armory purposes. To acquire, by purchase or |
19 | by gift or by the right of eminent domain, any land for the use |
20 | of the National Guard of Pennsylvania; to convey such lands so |
21 | acquired to the Commonwealth of Pennsylvania in order to assist |
22 | the Armory Board in the erection of armories. The power |
23 | conferred by this clause shall not be exercised to take any |
24 | church property, graveyard, cemetery, or any dwelling-house or |
25 | the curtilage of the same in the actual occupancy of the owner. |
26 | (55) Appropriation of money, et cetera, to assist in |
27 | erection of armories. To appropriate money or convey land, |
28 | either independently or in conjunction with any county, city, |
29 | town, borough, or other municipal division of the Commonwealth |
30 | of Pennsylvania for the purpose of assisting the Armory Board of |
|
1 | the Commonwealth in the erection of armories for the use of the |
2 | national guard; and to furnish water, sewer service, light, or |
3 | fuel, free of cost, to the Commonwealth for use in any armory of |
4 | the national guard; and to do all things necessary to accomplish |
5 | the purpose of this clause. |
6 | (56) Support of national guard units. To appropriate |
7 | annually a sum not exceeding seven hundred and fifty dollars |
8 | ($750) for the support and maintenance, discipline and training |
9 | of any dismounted company or similar unit of the national guard, |
10 | and a sum not to exceed fifteen hundred dollars ($1500) for the |
11 | support and maintenance of any mounted or motorized troop or |
12 | similar unit of the national guard. Where such units are |
13 | organized as a battalion, regiment or similar organization, the |
14 | total amount due may be paid to the commanding officer of the |
15 | battalion, regiment or similar organization. Any moneys so |
16 | appropriated shall be paid by warrant drawn to the order of the |
17 | commanding officer of such company, battalion, regiment or |
18 | similar organization, only when it shall be certified to the |
19 | borough, by the Adjutant General of the State, that the said |
20 | company or companies have satisfactorily passed the annual |
21 | inspection provided by law. The moneys so appropriated shall be |
22 | used and expended solely and exclusively for the support and |
23 | maintenance, discipline and training of the said company, |
24 | battalion, regiment, or similar organization; and the commanding |
25 | officer shall account, by proper vouchers to the said borough |
26 | each year, for the expenditure of the money so appropriated, and |
27 | no appropriation shall be made for any subsequent year until the |
28 | expenditure of the previous year is duly and satisfactorily |
29 | accounted for. |
30 | The accounts of such expenditures shall be subject to the |
|
1 | inspection of the Department of Military Affairs, and shall be |
2 | audited by the Auditor General in the manner provided by law for |
3 | the audit of accounts of State moneys. |
4 | (57) Appropriations to organizations of veterans and |
5 | American Gold Star Mothers. To appropriate annually a sum not |
6 | exceeding five hundred dollars ($500) to be divided in such |
7 | amounts as council deems proper to organizations composed of |
8 | veterans of any war in which the United States was engaged or |
9 | the American Gold Star Mothers' Organization, to aid in |
10 | defraying the expenses of Memorial Day, Veterans' Day or any |
11 | similar day hereafter provided for by State or Federal law. Such |
12 | payments shall be made to defray actual expenses only. Before |
13 | any payment is made the organization receiving the same shall |
14 | submit verified accounts of its expenditures. |
15 | (58) Payment of rent for veterans' organizations. By a two- |
16 | thirds vote of the council, to appropriate annually a sum not |
17 | exceeding five hundred dollars ($500) to be divided in such |
18 | amounts as council deems proper to incorporated organizations of |
19 | American veterans of any war in which the United States was |
20 | engaged, to be used in the payment of the rent of any building |
21 | or room or rooms in which such camps or post have their regular |
22 | meetings. |
23 | (59) Rooms for veterans' and children of veterans' |
24 | organizations. Upon application therefor, to furnish to each |
25 | organization composed of American veterans of any war in which |
26 | the United States was engaged and children of such veterans, a |
27 | room or rooms in any public building of such borough, sufficient |
28 | for the meeting of each of such organizations at least once each |
29 | month; and in the case of municipally owned utilities, to |
30 | furnish service without charge to such rooms, and also to |
|
1 | buildings occupied by organizations of veterans of any war in |
2 | which the United States was engaged. |
3 | (60) Care and erection of memorials. To take charge of, care |
4 | for, maintain and keep in good order and repair, at the expense |
5 | of the borough, any soldiers monument, gun, or carriage, or |
6 | similar memorial situated in the borough, and not in the charge |
7 | or care of any person, body, or organization, and not put up or |
8 | placed by the Government of the United States, the Commonwealth |
9 | of Pennsylvania, or the commissioners of the county, or by the |
10 | direction or authority of any other State of the Union, and to |
11 | receive from any person or organization any moneys or funds |
12 | which can be used for the maintenance of such memorials, and to |
13 | expend the same; and to erect or contribute to the erection of, |
14 | memorials in honor of those who served in any war in which the |
15 | United States was engaged and thereafter to properly and |
16 | adequately maintain the same. |
17 | (61) Appropriations for burial ground maintenance. To |
18 | appropriate annually, out of the general funds of the borough, a |
19 | sum not exceeding three thousand dollars ($3000) for the care, |
20 | upkeep, maintenance and beautifying of cemeteries, burial |
21 | grounds and private roads therein or leading thereto, lying |
22 | wholly or partly within the boundary limits of such borough, or |
23 | in the territory immediately adjacent to the borough. |
24 | (62)] (36) Municipal music. To appropriate money for the |
25 | expense of municipal music. |
26 | [(63)] (37) Purchase and planting of trees. To accept, |
27 | purchase and plant, or contribute to the purchasing and planting |
28 | of shade trees along the streets and sidewalks of the borough |
29 | and to have the care, custody and control of shade trees |
30 | pursuant to subdivision (d) of Article XXVII. |
|
1 | [(64)] (38) Hospital appropriations. To appropriate moneys |
2 | for the support of any incorporated hospital which is engaged in |
3 | charitable work and extends treatment and medical attention to |
4 | residents of [such] the borough, but no [such] appropriation |
5 | shall exceed in any year the cost of free service extended to |
6 | residents of the borough which is in excess of any amount paid |
7 | by the Commonwealth towards [such] free service. |
8 | [(64.1)] (39) Building hospitals. To appropriate [not |
9 | exceeding one dollar ($1) per borough resident per year] moneys |
10 | toward the maintenance [and/or] and support of any medical |
11 | center or hospital building and further appropriate from [such] |
12 | the funds toward the purchase [and/or] and erection of medical |
13 | or hospital facilities. Where the total cost of [such] the |
14 | purchase or erection exceeds one hundred thousand dollars |
15 | ($100,000), it will necessitate approval by the appropriate |
16 | health planning agency. [The number of residents shall be |
17 | determined from the latest decennial Federal census.] |
18 | [(65)] (40) Community nurse services. To appropriate money |
19 | annually for the expense of community nurse services to any |
20 | nonprofit associations or corporations which provide community |
21 | nursing services for the elderly and other needy persons, the |
22 | control of communicable disease, the immunization of children, |
23 | the operation of child health centers (Well-Baby Clinics), |
24 | instructive visits to parents of new babies, beginning in the |
25 | prenatal period, and family health guidance, including |
26 | nutrition, detection and correction of defects all of which |
27 | relate to the responsibilities of local boards of health. |
28 | [(66) Community ambulance service. To appropriate money |
29 | annually towards ambulance service and to enter into contracts |
30 | relating thereto. All appropriations of money heretofore made |
|
1 | and contracts heretofore entered into by any borough for |
2 | ambulance service are hereby validated and confirmed. |
3 | (67)] (41) Appropriation for civic purposes. To appropriate, |
4 | in any year out of the general funds of the borough for the |
5 | observance of holidays or centennials or other anniversaries or |
6 | for borough celebrations or other civic projects or programs. |
7 | [(68)] (42) Appropriations for handling, storage and |
8 | distribution of surplus foods. To appropriate from borough funds |
9 | moneys for the handling, storage and distribution of surplus |
10 | foods obtained through either a local, State or Federal agency. |
11 | All appropriations of moneys heretofore made by any borough for |
12 | the handling, storage and distribution of surplus foods obtained |
13 | through either a local, State or Federal agency are hereby |
14 | validated. |
15 | [(69)] (43) Appropriations for industrial promotions. To |
16 | make appropriations to an industrial development agency. |
17 | [(70)] (44) Appropriations to tourist promotion agencies. To |
18 | appropriate money annually[, such amount of money but not in |
19 | excess of ten cents (10¢) for each resident of the borough, as |
20 | determined by the latest official census, which may be deemed |
21 | necessary], to any "tourist promotion agency," as defined in the |
22 | act of [April 28, 1961 (P.L.111), known as the "Tourist |
23 | Promotion Law,"] July 4, 2008 (P.L.621, No.50), known as the |
24 | "Tourism Promotion Act," to assist [such] the agencies in |
25 | carrying out tourist promotional activities. |
26 | [(71)] (45) Appropriating money to assist [political |
27 | subdivisions and municipality] municipalities and municipal |
28 | authorities for airports. To appropriate moneys to assist any |
29 | [city, borough, town, township or other political subdivision or |
30 | municipality] municipality or municipal airport authority to |
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1 | acquire, establish, operate and maintain any and all air |
2 | navigation facilities lying either within or without the limits |
3 | of [such] the borough. |
4 | [(72)] (46) Non-Debt revenue bonds. To issue non-debt |
5 | revenue bonds pursuant to provisions of [the Act of June 25, |
6 | 1941 (P.L.159), known as the "Municipal Borrowing Law," and its |
7 | amendments,] 53 Pa.C.S. Pt. VII Subpt. B (relating to |
8 | indebtedness and borrowing) to provide sufficient moneys for and |
9 | toward the acquisition, construction, reconstruction, extension |
10 | or improvement of municipal facilities, including water systems |
11 | or facilities, sewers, sewer systems and sewage disposal systems |
12 | or facilities, systems for the treatment or disposal of garbage |
13 | and refuse, gas plants or gas distribution systems for its own |
14 | municipal purposes, electric light or power plants or power |
15 | distribution systems, aeronautical facilities including but not |
16 | limited to airports, terminals and hangars and park and |
17 | recreational facilities and parking lots and facilities to be |
18 | secured solely by the pledge of the whole or part of the rent, |
19 | toll or charge for the use or services of [such] the facilities. |
20 | Included in the cost of the issue may be any costs and |
21 | expenses incident to construction and financing the facilities |
22 | and selling and distributing the bonds. |
23 | [(73)] (47) Rewards for apprehension of certain criminals. |
24 | To offer rewards for the arrest and conviction of persons guilty |
25 | of capital or other crimes within the borough. |
26 | [(73.1)] (48) Appropriations for Urban Common Carrier Mass |
27 | Transportation. To appropriate funds for urban common carrier |
28 | mass transportation purposes from current revenues and to make |
29 | annual contributions to county departments of transportation or |
30 | to urban common carrier mass transportation authorities to |
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1 | assist the departments or the authorities to meet costs of |
2 | operation, maintenance, capital improvements, and debt service, |
3 | and to enter into long-term agreements providing for the payment |
4 | of the [said] contributions. |
5 | [(74) General powers. To make and adopt all such ordinances, |
6 | bylaws, rules and regulations not inconsistent with or |
7 | restrained by the Constitution and laws of this Commonwealth, as |
8 | may be expedient or necessary for the proper management, care |
9 | and control of the borough and its finances, and the maintenance |
10 | of peace, good government, safety and welfare of the borough and |
11 | its trade, commerce and manufactures. |
12 | (75)] (49) To undertake community development programs, |
13 | including but not limited to urban renewal, public housing, |
14 | model cities programs and neighborhood development projects. |
15 | [(76)] (50) Sale of real or personal property to non-profit |
16 | medical service corporation. To sell to a non-profit medical |
17 | service corporation borough-owned: |
18 | (i) real property [to a non-profit medical service |
19 | corporation] for its exclusive use as a site for a medical |
20 | service facility; and |
21 | (ii) personal property for use at the medical service |
22 | facility. |
23 | [(77)] (51) Sale of real or personal property to non-profit |
24 | housing corporation. To sell to a non-profit housing corporation |
25 | borough-owned: |
26 | (i) real property [to a non-profit housing corporation] for |
27 | its exclusive use for housing for the elderly; and |
28 | (ii) personal property for its use at the non-profit housing |
29 | corporation. |
30 | [(78)] (52) Grants to nonprofit art corporations. To make |
|
1 | grants annually[, not exceeding an amount equal to one mill of |
2 | the real estate tax] to nonprofit art corporations for the |
3 | conduct of their artistic and cultural activities. For the |
4 | purposes of this section nonprofit art corporation shall mean a |
5 | local arts council, commission or coordinating agency, or any |
6 | other nonprofit corporation engaged in the production or display |
7 | of works of art, including the visual, written or performing |
8 | arts. Artistic and cultural activities shall include the display |
9 | or production of theater, music, dance, painting, architecture, |
10 | sculpture, arts and crafts, photography, film, graphic arts and |
11 | design and creative writing. |
12 | [(79)] (53) Appropriations for neighborhood crime watch |
13 | programs. To appropriate annually[, solely at the discretion of |
14 | the borough officials,] an amount toward a neighborhood crime |
15 | watch program. Notwithstanding any other provision of law, no |
16 | borough or official thereof shall become subject to contractual, |
17 | tort or other liability as a result of having made an |
18 | appropriation pursuant to this clause. |
19 | [(80)] (54) Appropriations to Senior Citizens Organizations. |
20 | To appropriate funds for programs which benefit senior citizens, |
21 | or make grants to civic organizations which represent senior |
22 | citizens, provide services to senior citizens, or of which its |
23 | members are senior citizens. |
24 | [(81)] (55) Appropriations to watershed associations. To |
25 | appropriate money to nonprofit watershed associations for |
26 | watersheds serving the borough. [Such appropriations] |
27 | Appropriations may not be used to undertake litigation against |
28 | any [municipal corporation] municipality or to seek redress |
29 | against any individual landowner. |
30 | [(82)] (56) Emergency services. The borough shall be |
|
1 | responsible for ensuring that fire and emergency medical |
2 | services are provided within the borough by the means and to the |
3 | extent determined by the borough, including the appropriate |
4 | financial and administrative assistance for these services. The |
5 | borough shall consult with fire and emergency medical services |
6 | providers to discuss the emergency services needs of the |
7 | borough. The borough shall require any emergency services |
8 | organization receiving borough funds to provide to the borough |
9 | an annual itemized listing of all expenditures of these funds |
10 | before the borough may consider budgeting additional funding to |
11 | the organization. |
12 | (57) Appropriations to conservation district. To appropriate |
13 | money to the conservation district, as defined in the act of May |
14 | 15, 1945 (P.L.547, No.217), known as the "Conservation District |
15 | Law," in which the borough is located. |
16 | (58) Mines and quarries. To require the owner, operator or |
17 | superintendent of every mine, colliery or quarry located wholly |
18 | or partially within the limits of the borough, to furnish to the |
19 | borough maps, plans and drawings of workings, excavations and |
20 | surface support as the council may require. In the case of coal |
21 | mines and collieries, the map or plan shall exhibit the workings |
22 | or excavations in every seam of coal on a separate sheet, and |
23 | the tunnels and passages connecting with the workings or |
24 | excavations. It shall show in degrees the general inclination of |
25 | the strata, with any material deflection in the strata in the |
26 | workings or excavations, and shall also show the tidal |
27 | elevations of the bottom of every shaft, slope, tunnel and |
28 | gangway, and of any other point in the mine or on the surface |
29 | where the elevation shall be deemed necessary by the borough. |
30 | The map or plan shall show the number of the last survey on the |
|
1 | gangways or the most advanced workings. Every owner, operator, |
2 | or superintendent, of a mine, colliery or quarry, shall update, |
3 | at least once every three months, the pertinent maps, plans and |
4 | drawings to reflect any extensions made in any mine, colliery or |
5 | quarry during the three preceding months, except those made |
6 | within thirty days immediately preceding the time of placing the |
7 | extensions upon the map or drawing. A borough engineer, |
8 | assistant or other person authorized by council may enter and |
9 | survey any mine, colliery or quarry within the limits of the |
10 | borough, at all reasonable times, but not so as to impede or |
11 | obstruct the workings of the mine, colliery or quarry. The |
12 | owner, operator or superintendent of the mine, colliery or |
13 | quarry, shall furnish the means necessary for the entry, survey |
14 | and exit. |
15 | (59) Assessment of benefits. To petition the court of common |
16 | pleas for the appointment of viewers to assess the total cost of |
17 | an improvement as set forth in Article XXI-A. The viewers shall |
18 | assess the total cost of the improvement, or so much of the cost |
19 | as may be just and reasonable, upon the lands or properties |
20 | peculiarly benefited. |
21 | (60) Authority to purchase natural gas wells. To authorize |
22 | any borough to purchase, own, use, operate and control any |
23 | natural gas well or wells for the purpose of supplying natural |
24 | gas for its own municipal purposes. |
25 | (61) Real estate registry. To establish, by ordinance, and |
26 | maintain a real estate registry for the purpose of procuring |
27 | accurate information in reference to the ownership of real |
28 | estate in the borough in a manner not inconsistent with the act |
29 | of October 9, 2008 (P.L.1400, No.110), known as the "Uniform |
30 | Municipal Deed Registration Act." Council shall designate a |
|
1 | person to have charge of the registry, who shall cause to be |
2 | made and carefully preserve all necessary books, maps and plans |
3 | as may show the location and ownership of every lot, piece of |
4 | real estate and subdivision thereof. For purposes of |
5 | establishing or maintaining the registry, the person in charge |
6 | of the registry shall have access to public records without |
7 | charge. Information contained within a real estate registry |
8 | shall not affect the validity of any municipal claim or tax |
9 | claim of the borough. Nothing in this paragraph shall prohibit a |
10 | borough from requiring owners to provide information relevant to |
11 | the enforcement of any borough ordinance in accordance with law. |
12 | (62) Authority to manufacture and supply electricity. To |
13 | manufacture, purchase or otherwise supply electricity pursuant |
14 | to Article XXIV-A, relating to manufacture and supply of |
15 | electricity. |
16 | (63) Authority to provide telecommunications and cable |
17 | television services. To provide the following: |
18 | (i) telecommunications services to the extent that provision |
19 | of services is not inconsistent with 66 Pa.C.S. Ch. 30 (relating |
20 | to alternative form of regulation of telecommunications |
21 | services); and |
22 | (ii) cable television services in a manner consistent with |
23 | Federal law. |
24 | (64) Underground conduits. To acquire, by purchase or |
25 | condemnation, or to construct, underground conduits within which |
26 | electrical, communication and other types of wires shall be |
27 | placed and to, by ordinance and subject to approval by the |
28 | Public Utility Commission, regulate the manner and terms and |
29 | conditions of the use of any underground conduits. Council may |
30 | define reasonable districts of the borough within which |
|
1 | underground conduits shall be used for the placement of wires |
2 | without the approval of the Public Utility Commission. The |
3 | powers reserved by this clause shall not be bartered away or |
4 | surrendered by the borough. |
5 | (65) Actions for municipal claims. In addition to the |
6 | remedies provided by law for the filing of liens for the |
7 | collection of municipal claims, including, but not limited to, |
8 | water rates, sewer rates and the removal of nuisances, to |
9 | proceed for the recovery and collection of claims by action of |
10 | assumpsit against the person or persons who were the owner or |
11 | owners of the property at the time of the completion of the |
12 | improvement, or at the time the water or sewer rates or the cost |
13 | of the removal of nuisances first became payable, |
14 | notwithstanding the fact that there was a failure on the part of |
15 | the borough, or its agents, to enter the municipal claim as a |
16 | lien against the property assessed for the improvement, or for |
17 | the furnishing of water or sewer services and for the removal of |
18 | nuisances and for the recovery of which the action of assumpsit |
19 | was brought. The action in assumpsit shall be commenced either |
20 | within six years after the completion of the improvement from |
21 | which the claim arises or within six years after the water or |
22 | sewer rates or the cost of abating a nuisance first became |
23 | payable. |
24 | Section 156. The act is amended by adding a section to read: |
25 | Section 1203. General Powers.--The council may make and |
26 | adopt all ordinances, bylaws, rules and regulations not |
27 | inconsistent with or restrained by the Constitution of |
28 | Pennsylvania and laws of this Commonwealth as may be expedient |
29 | or necessary for the proper management, care and control of the |
30 | borough and its finances, and the maintenance of peace, good |
|
1 | government, safety and welfare of the borough and its trade, |
2 | commerce and manufactures. |
3 | Section 157. Article XIII heading and section 1301 of the |
4 | act are reenacted to read: |
5 | ARTICLE XIII |
6 | TAXATION AND FINANCE |
7 | Section 1301. Fiscal Year.--The fiscal year of every borough |
8 | shall coincide with the calendar year, beginning January 1 and |
9 | ending December 31. |
10 | Section 158. Section 1302 of the act, amended December 1, |
11 | 2004 (P.L.1742, No.223), is amended to read: |
12 | Section 1302. Tax Levy.--(a) The council of the borough |
13 | shall have power, by ordinance, to levy and collect annually, a |
14 | tax, not exceeding thirty mills for general borough purposes, |
15 | unless the council by majority action shall, upon due cause |
16 | shown by resolution, petition the court of common pleas, in |
17 | which case the court may order a rate of not more than five |
18 | mills additional to be levied and in addition [thereto] any of |
19 | the following taxes: |
20 | (1) An annual tax sufficient to pay interest and principal |
21 | on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII |
22 | Subpt. B (relating to indebtedness and borrowing) or any prior |
23 | or subsequent act governing the incurrence of indebtedness of |
24 | the borough; |
25 | (2) To provide for pensions, retirement or the purchase of |
26 | annuity contracts for borough employes, not exceeding one-half |
27 | mill; |
28 | (3) To defray the cost and expenses of caring for shade |
29 | trees as provided in section [2729 of this act] 2720.1, and the |
30 | expense of publishing the notice referred to in such section, |
|
1 | not exceeding one-tenth mill; |
2 | (4) For lighting and illuminating the streets, highways and |
3 | other public places [with electric light, gas light or other |
4 | illuminant], not exceeding eight mills; |
5 | (5) For gas, water and electric light, not exceeding eight |
6 | mills, such additional millage permitted only following a |
7 | favorable referendum on the matter held in accordance with the |
8 | [act of April 16, 1875 (P.L.55), as amended] election laws of |
9 | this Commonwealth; |
10 | (6) For the purchase of fire engines, fire apparatus and |
11 | fire hose for the use of the borough, or for assisting any fire |
12 | company in the borough in the purchase, renewal or repair of any |
13 | of its fire engines, fire apparatus or fire hose, for the |
14 | purposes of making appropriations to fire companies both within |
15 | and without the borough and of contracting with adjacent |
16 | municipalities or volunteer fire companies therein for fire |
17 | protection, for the training of fire personnel and payments to |
18 | fire training schools and centers or for the purchase of land |
19 | upon which to erect a fire house, or for the erection and |
20 | maintenance of a fire house or fire training school and center |
21 | or fire houses, not exceeding three mills. |
22 | (i) The borough may appropriate up to one-half, but not to |
23 | exceed one mill, of the revenue generated from a tax under this |
24 | clause for the purpose of paying salaries, benefits or other |
25 | compensation of fire suppression employes of the borough or a |
26 | fire company serving the borough. |
27 | (ii) If an annual tax for the purposes specified in this |
28 | clause is proposed to be set at a level higher than three mills, |
29 | the question shall be submitted to the voters of the borough, |
30 | and the county board of elections shall frame the question in |
|
1 | accordance with the election laws of the Commonwealth for |
2 | submission to the voters of the borough; |
3 | (7) For building a fire house, fire training school and |
4 | center, lockup [and/or] or municipal building, not exceeding two |
5 | mills, such additional millage permitted only following a |
6 | favorable referendum on the matter held in accordance with the |
7 | [act of May 4, 1927 (P.L.673)] election laws of this |
8 | Commonwealth; |
9 | (8) To establish [and/or] and maintain a local library or to |
10 | maintain or aid in the maintenance of a local library |
11 | established by deed, gift or testamentary provision, for the use |
12 | of the residents of the borough, in accordance with the act of |
13 | June 14, 1961 (P.L.324, No.188), known as The Library Code. |
14 | (9) For the purpose of supporting ambulance, rescue and |
15 | other emergency services serving the borough, not to exceed one- |
16 | half mill, except as provided in subsection (e). The borough may |
17 | appropriate up to one-half of the revenue generated from a tax |
18 | under this clause for the purpose of paying salaries, benefits |
19 | or other compensation of employes of the ambulance, rescue or |
20 | other emergency service. |
21 | (b) The [said] taxes shall be levied on the dollar on the |
22 | valuation assessed for county purposes, as now is or may be |
23 | provided by law. All real property, offices, professions and |
24 | persons, made taxable by the laws of this Commonwealth for |
25 | county rates and levies, may, in the discretion of council, be |
26 | taxed after the same manner for such purposes. No action on the |
27 | part of the borough authorities fixing the tax rate for any year |
28 | at a mill rate need include a statement expressing the rate of |
29 | taxation in dollars and cents on each one hundred dollars ($100) |
30 | of assessed valuation of taxable property. |
|
1 | (c) Nothing [herein] contained in this section shall prevent |
2 | the application of moneys received from taxes levied for general |
3 | purposes to the purposes of paying interest and sinking fund |
4 | charges on indebtedness. |
5 | (d) The proceeds of all taxes for which additional millage |
6 | is hereby authorized shall be kept in a separate fund and used |
7 | only for the purposes hereby provided [therefor: Provided, |
8 | That], provided that the additional taxes authorized by |
9 | referendum shall continue to be levied annually for so long a |
10 | period as provided in the question submitted in [such] the |
11 | referendum, and, in the case of any [such] taxes for which the |
12 | question voted upon shall not have stated the duration of [such] |
13 | the tax, until [such] the tax shall be abolished by vote of the |
14 | electors in a subsequent referendum. |
15 | (e) The tax for supporting ambulance and rescue squads |
16 | serving the borough shall not exceed the rate specified in |
17 | subsection (a)(9) except when the question is submitted to the |
18 | voters of the borough in the form of a referendum which will |
19 | appear on the ballot in accordance with the election laws of the |
20 | Commonwealth, in which case the rate shall not exceed two mills. |
21 | The county board of elections shall frame the question to be |
22 | submitted to the voters of the borough in accordance with the |
23 | election laws of the Commonwealth. |
24 | Section 159. Section 1302.1 of the act, added November 24, |
25 | 1998 (P.L.827, No.108), is amended to read: |
26 | Section 1302.1. Different and Separate Tax Levies.--(a) A |
27 | borough may in any year levy separate and different rates of |
28 | taxation for municipal purposes on all real estate classified as |
29 | nonfarmland, exclusive of the buildings thereon, and on all real |
30 | estate classified as either buildings on land or farmland. When |
|
1 | real estate tax rates are so levied: |
2 | (1) The rates shall be determined by the requirements of the |
3 | borough budget. |
4 | (2) A higher rate may be levied on real estate classified as |
5 | nonfarmland than on real estate classified as either buildings |
6 | on land or farmland if the respective rates on nonfarmland and |
7 | on buildings or farmland are so fixed as not to constitute a |
8 | greater levy in the aggregate than the levy to result from the |
9 | maximum rate allowed by law on all real estate. |
10 | (3) The rates shall be uniform as to all real estate within |
11 | the classification. |
12 | (b) For purposes of this section: |
13 | (1) "Farmland" shall include any tract of land that is |
14 | actively devoted to agricultural use, including, but not limited |
15 | to, the commercial production of "crops, livestock and livestock |
16 | products" as defined in section 3 of the act of June 30, 1981 |
17 | (P.L.128, No.43), known as the "Agricultural Area Security Law." |
18 | (2) "Nonfarmland" shall include any tract of land that is |
19 | not farmland. |
20 | (c) [The] Notwithstanding section 104, the provisions of |
21 | this section are nonseverable. If any provision of this [act] |
22 | section or its application to any person or circumstance is held |
23 | invalid, the remaining provisions or applications of this [act] |
24 | section are void. |
25 | Section 160. Section 1303 of the act, repealed in part April |
26 | 28, 1978 (P.L.202, No.53), is amended to read: |
27 | Section 1303. Special Levy to Pay Debts.--In addition to the |
28 | levies provided for in the preceding section, when it shall be |
29 | shown to the court that the [corporate authorities refuse or |
30 | neglect] borough council refuses or neglects to levy a |
|
1 | sufficient tax to pay the debts due by the borough, the court |
2 | may, after ascertaining the amount of [such] the indebtedness of |
3 | the borough, direct a writ of mandamus to the proper officers of |
4 | [such] the borough to collect by special taxation an amount |
5 | sufficient to pay the same in one or more annual [instalments] |
6 | installments, as may be adjudged reasonable by [said] the court, |
7 | during such years as may be required for the payment of the |
8 | same. |
9 | Section 161. Sections 1304 and 1305 of the act are amended |
10 | to read: |
11 | Section 1304. Special Road Fund Tax.--Any borough shall be |
12 | empowered, within its general power to levy taxes, to collect |
13 | annually a tax upon all property taxable for borough purposes |
14 | not to exceed five mills on the dollar in any one year, for the |
15 | purpose of creating and maintaining a special fund, to be used |
16 | by its borough in making permanent street improvements, and to |
17 | pay contract prices for paving and other permanent street |
18 | improvements, prior to the collection of the cost and expense or |
19 | any part thereof from the property owners adjoining or abutting |
20 | thereon by the borough under existing laws. |
21 | When the cost and expense, or any part [thereof,] of the cost |
22 | and expense of the construction of any permanent street |
23 | improvement, which has been made under existing laws, and which |
24 | has been aided in its construction from the [said] special fund |
25 | [hereby provided for] provided for under this section, shall |
26 | have been assessed and collected from the owners of the property |
27 | adjoining or abutting upon [such] the improvement, it shall be |
28 | applied to the credit of the [said] special fund, to the extent |
29 | of the withdrawal [therefrom for such] from the special fund for |
30 | that purpose. |
|
1 | Section 1305. Date Tax Duplicate to Issue.--[The corporate |
2 | authorities of the borough] Borough council shall, within thirty |
3 | days after adoption of the budget or within thirty days after |
4 | receipt of the assessment roll from the county, whichever is |
5 | later, issue their duplicate of taxes assessed to the collector |
6 | of taxes of the borough. |
7 | Section 162. Section 1306 of the act, amended July 22, 1970 |
8 | (P.L.549, No.188), is amended to read: |
9 | Section 1306. Additions and Revisions to Duplicates.-- |
10 | Whenever in any borough, there is any construction of a building |
11 | or buildings not otherwise exempt as a dwelling after the |
12 | borough council has prepared a duplicate of the assessment of |
13 | borough taxes and the building is not included in the tax |
14 | duplicate of the borough, the [authority responsible for |
15 | assessments in the borough] county assessment office shall, upon |
16 | the request of the borough council, direct the assessor in the |
17 | [borough] county assessment office to inspect and reassess, |
18 | subject to the right of appeal and adjustment provided by the |
19 | act of assembly under which assessments are made, all taxable |
20 | property in the borough to which major improvements have been |
21 | made after the original duplicates were prepared, and to give |
22 | notice of such reassessments within ten days to the authority |
23 | responsible for assessments, the borough and the property owner. |
24 | The property shall then be added to the duplicate and shall be |
25 | taxable for borough purposes at the reassessed valuation for |
26 | that proportionate part of the fiscal year of the borough |
27 | remaining after the property was improved. Any improvement made |
28 | during the month shall be computed as having been made on the |
29 | first of the month. A certified copy of the additions or |
30 | revisions to the duplicate shall be furnished by the borough |
|
1 | council to the borough tax collector, together with their |
2 | warrant for collection of the same, and within ten days |
3 | thereafter, the borough tax collector shall notify the owner of |
4 | the property of the taxes due the borough. |
5 | Section 163. Sections 1307 and 1308 of the act are amended |
6 | to read: |
7 | Section 1307. Preparation of Budget.--Beginning at least |
8 | thirty days prior to the adoption of the budget a proposed |
9 | budget or annual estimate of revenues and expenditures for the |
10 | ensuing year shall be prepared in a manner designated by the |
11 | council. [The budget shall be prepared on a uniform form |
12 | prepared and furnished as hereinafter provided.] The proposed |
13 | budget shall be kept on file with the borough secretary and [by |
14 | him] be made available for public inspection by the borough |
15 | secretary for a period of ten days. |
16 | Section 1308. Notice of Proposed Budget; Penalty.--(a) |
17 | Notice that the proposed budget is available for inspection |
18 | shall be published by the borough secretary in a newspaper [of |
19 | general circulation in the borough], except in boroughs where |
20 | the estimated budget receipts are less than [five thousand |
21 | dollars ($5000)] fifty thousand dollars ($50,000) in the year in |
22 | which this amendment is enacted, where in lieu of such newspaper |
23 | publications, notice may be conspicuously posted during the ten |
24 | day period, in a place readily viewable by the public at the |
25 | office of the borough secretary and with such further notice as |
26 | shall be prescribed by council. |
27 | (b) Failure to give the notice herein required shall not |
28 | invalidate the budget adopted or the tax ordinance. Any borough |
29 | secretary who shall fail or refuse to give the notice that the |
30 | proposed budget is available for inspection, as herein required, |
|
1 | shall, upon conviction [thereof] in a summary proceeding, be |
2 | sentenced to pay a fine not exceeding one hundred dollars ($100) |
3 | and costs of prosecution. |
4 | Section 164. Section 1309 of the act is reenacted to read: |
5 | Section 1309. Revision and Completion of Budget.--After the |
6 | expiration of the said ten days, council shall make such |
7 | revision in the budget as shall be deemed advisable. The budget |
8 | shall be as comprehensive and exact as the information available |
9 | will admit. In addition to expenditures proposed for the current |
10 | fiscal year, council may include as proposed expenditures a sum |
11 | sufficient to pay any existing indebtedness and to pay the |
12 | ordinary operating expenses for the subsequent year until the |
13 | taxes of the subsequent year are received therefor, and may also |
14 | include a sum to provide in whole or in part for any deferred |
15 | maintenance, depreciation and replacements. Within the tax levy |
16 | and debt limitations, council may also include, in whole or in |
17 | part, expenditures for capital investments and purchases. |
18 | Expenditures of a legislative character shall be made, |
19 | authorized or ratified by ordinance. Other expenditures allowed |
20 | by law may be made or ratified by motion in council. Such |
21 | expenditures, whether by ordinance or motion, shall then be |
22 | considered as appropriations affecting the budget. Any balance |
23 | of revenues over expenditures may be expended in any subsequent |
24 | year for any lawful purpose. |
25 | Section 165. Section 1310 of the act, amended June 22, 2000 |
26 | (P.L.325, No.34), is amended to read: |
27 | Section 1310. Adoption of Budget[; Tax Ordinance].--Upon |
28 | completion of the budget, containing the estimated receipts and |
29 | expenditures, [and its adoption] the borough council shall adopt |
30 | the budget by motion [in] of the borough council, which shall |
|
1 | not be later than December thirty-first[, it shall be the duty |
2 | of the council to adopt an ordinance levying the taxes referred |
3 | to in this act for the fiscal year for approval of the mayor or |
4 | passage over his veto]. |
5 | Section 166. The act is amended by adding a section to read: |
6 | Section 1310.1. Tax Ordinance.--After borough council has |
7 | adopted the budget, it shall be the duty of the borough council |
8 | to enact an ordinance levying the taxes referred to in this act |
9 | for the fiscal year subject to approval of the mayor or |
10 | enactment over the mayor's veto pursuant to the procedure |
11 | established in section 3301.3(c). |
12 | Section 167. Section 1311 of the act, amended June 22, 2000 |
13 | (P.L.325, No.34), is amended to read: |
14 | Section 1311. Amending Budget; Notice.--During the month of |
15 | January next following any municipal election the council of any |
16 | borough may amend the budget and the levy and tax rate to |
17 | conform with its amended budget. A period of ten days' public |
18 | inspection at the office of the borough secretary of the |
19 | proposed amended budget after notice by the borough secretary to |
20 | that effect is published once in a newspaper [as provided in |
21 | section 109 of this act], shall intervene between the proposed |
22 | amended budget and the adoption thereof. Any amended budget must |
23 | be adopted by council on or before the fifteenth day of |
24 | February. |
25 | Section 168. Sections 1312 and 1313 of the act are reenacted |
26 | to read: |
27 | Section 1312. Modification of Budget; Supplemental |
28 | Appropriations and Transfers.--The council in its reasonable |
29 | discretion may, in any year, by motion, modify the budget after |
30 | its final adoption. New appropriations, supplementary |
|
1 | appropriations and transfers from one appropriation to another |
2 | may be made during the fiscal year, either before or after the |
3 | expenditure is authorized or ratified after the expenditure is |
4 | made, provided it is within the current year's revenues, or the |
5 | money therefor promptly made available through borrowing as |
6 | allowed by law. |
7 | Section 1313. Payment from Borough Funds.--All payments made |
8 | by the council of any borough from the borough funds shall be |
9 | made by proper borough orders, drawn upon the treasurer; no |
10 | borough order shall be authorized by council or signed by the |
11 | president or secretary of any council unless there are |
12 | sufficient funds in the treasury of the borough to pay the same, |
13 | and no orders shall be made payable at any time in the future or |
14 | draw interest. A separate borough order shall be drawn for each |
15 | account or payment. |
16 | Section 169. The act is amended by adding a section to read: |
17 | Section 1313.1. Creation of Special Funds; Investments.-- |
18 | Borough council may set aside in a separate fund any moneys |
19 | received out of or from the sale, lease or other disposition of |
20 | any borough property or received from any source unless such |
21 | money was received or acquired for a particular purpose. The |
22 | fund shall be controlled, invested and administered, and the |
23 | income arising therefrom expended, in the manner as may be |
24 | determined by action of the council pursuant to the ordinance |
25 | creating the fund. The ordinance may provide that only the |
26 | income from the fund may be used or expended, and that neither |
27 | principal, nor any part thereof, may be used or expended unless |
28 | upon authorization of a majority vote of the qualified electors |
29 | of the borough. All ordinances previously enacted by any |
30 | borough, creating and establishing a separate fund as is |
|
1 | authorized by this section, shall be deemed and taken as valid |
2 | and effectual for all purposes provided that all other |
3 | requirements of law concerning the enactment of the same have |
4 | been complied with. |
5 | Section 170. Section 1314 of the act, amended June 22, 2000 |
6 | (P.L.325, No.34), is amended to read: |
7 | Section 1314. Uniform Financial Report; Forms.--The uniform |
8 | forms for the annual financial statement required to be made by |
9 | the auditors or the controller shall be prepared by a committee |
10 | consisting of four representatives from the Pennsylvania State |
11 | Association of Boroughs, [and] the Secretary of Community and |
12 | Economic Development, or [his agent] the secretary's designee |
13 | and any additional members appointed pursuant to statute. |
14 | [Such] The representatives of boroughs shall be appointed by |
15 | the president of the [organization. Such] Pennsylvania State |
16 | Association of Boroughs. The representatives shall be chosen |
17 | from among the finance officers or other officers of the borough |
18 | who have knowledge of their fiscal procedures. As far as |
19 | possible, they shall be chosen to represent boroughs in the |
20 | various population groups. The president of the organization |
21 | shall supply to the Department of Community and Economic |
22 | Development the names and addresses of [such] the |
23 | representatives immediately upon their appointment. |
24 | [Such] The representatives shall serve without compensation, |
25 | but shall be reimbursed by the Commonwealth for all necessary |
26 | expenses incurred in attending meetings of the committee. The |
27 | committee shall meet from time to time as conditions may warrant |
28 | at the call of Secretary of Community and Economic Development, |
29 | or [his agent] the secretary's designee, who shall serve as |
30 | [chairman] chair of the committee. |
|
1 | It shall be the duty of the Secretary of Community and |
2 | Economic Development, or [his agent] the secretary's designee, |
3 | to see to it that the forms required by this article are |
4 | prepared in cooperation with [such] the committee. In the event |
5 | that the committee should for any reason fail to furnish such |
6 | cooperation, the Secretary of Community and Economic |
7 | Development, or [his agent] the secretary's designee, shall |
8 | prepare the forms. After their preparation, [he] the secretary |
9 | shall issue [such] the forms and distribute them annually, as |
10 | needed to the proper officers of each borough. |
11 | Section 171. Section 1315 of the act is amended to read: |
12 | Section 1315. Capital Improvements to Certain Public Service |
13 | Facilities.--(a) For the purpose of financing the cost and |
14 | expense or its share of the cost and expense of capital |
15 | improvements by altering, improving or enlarging (i) its sewer, |
16 | sewer system or sewage treatment works, either singly or |
17 | jointly, with other municipalities [or townships, or both], or |
18 | (ii) its water works, either singly or jointly, with other |
19 | municipalities [or townships, or both], or (iii) its electric |
20 | light or power plant or power distribution system, or (iv) its |
21 | gas plant or gas distribution system for its own municipal |
22 | purposes, including the purchase and installation of machinery |
23 | and equipment, any borough owning any such plant or facility may |
24 | issue non-debt revenue bonds as provided in clause [(72)] (46) |
25 | of section 1202 of this act. |
26 | (b) Any borough issuing non-debt revenue bonds under the |
27 | authority of this section shall adjust and, where necessary, |
28 | increase the rates of rentals or charges pledged as security for |
29 | the bonds, in order to provide sufficient revenue which shall be |
30 | set aside as reserve funds to cover depreciation of the |
|
1 | properties involved, and for future improvements to the plant or |
2 | facility involved, as well as for the payment of the interest on |
3 | the bonds and the principal at the time of maturity. |
4 | Section 172. Section 1316 of the act, amended or added |
5 | November 2, 1979 (P.L.458, No.94) and December 13, 1982 |
6 | (P.L.1145, No.261), is amended to read: |
7 | Section 1316. Investment of Funds.--(a) Council shall |
8 | invest borough funds consistent with sound business practice. |
9 | (b) Council shall provide for an investment program subject |
10 | to restrictions contained in this act and in any other |
11 | applicable statute and any rules and regulations adopted by |
12 | council. |
13 | (c) Authorized types of investments for borough funds shall |
14 | be: |
15 | (i) United States Treasury bills. |
16 | (ii) Short-term obligations of the United States Government |
17 | or its agencies or instrumentalities. |
18 | (iii) Deposits in savings accounts or time deposits, other |
19 | than certificates of deposit, or share accounts of institutions |
20 | insured by the Federal Deposit Insurance Corporation [or the |
21 | Federal Savings and Loan Insurance Corporation] or the National |
22 | Credit Union Share Insurance Fund [or the Pennsylvania Deposit |
23 | Insurance Corporation or the Pennsylvania Savings Association |
24 | Insurance Corporation] to the extent that such accounts are so |
25 | insured, and, for any amounts above the insured maximum, |
26 | provided that approved collateral as provided by law therefore |
27 | shall be pledged by the depository. |
28 | (iv) Obligations of the United States of America or any of |
29 | its agencies or instrumentalities backed by the full faith and |
30 | credit of the United States of America, the Commonwealth of |
|
1 | Pennsylvania or any of its agencies or instrumentalities backed |
2 | by the full faith and credit of the Commonwealth, or of any |
3 | political subdivision of the Commonwealth of Pennsylvania or any |
4 | of its agencies or instrumentalities backed by the full faith |
5 | and credit of the political subdivision. |
6 | (v) Shares of an investment company registered under the |
7 | Investment Company Act of 1940, whose shares are registered |
8 | under the Securities Act of 1933, provided that the only |
9 | investments of that company are in the authorized investments |
10 | for borough funds listed in (i) through (iv). |
11 | (vi) Certificates of deposit purchased from institutions |
12 | insured by the Federal Deposit Insurance Corporation [or the |
13 | Federal Savings and Loan Insurance Corporation] or the National |
14 | Credit Union Share Insurance Fund [or the Pennsylvania Deposit |
15 | Insurance Corporation or the Pennsylvania Savings Association |
16 | Insurance Corporation] to the extent that such accounts are so |
17 | insured. However, for any amounts above the insured maximum, |
18 | such certificates of deposit shall be collateralized by a pledge |
19 | or assignment of assets of the institution, and such collateral |
20 | may include loans (including interest in pools of loans) secured |
21 | by first mortgage liens on real property. Certificates of |
22 | deposit purchased from commercial banks shall be limited to an |
23 | amount equal to twenty percent of a bank's total capital and |
24 | surplus. Certificates of deposit purchased from savings and loan |
25 | associations or savings banks shall be limited to an amount |
26 | equal to twenty percent of an institution's assets minus |
27 | liabilities. |
28 | (vii) Any investment authorized by 20 Pa.C.S. Ch.73 |
29 | (relating to fiduciaries investments) shall be an authorized |
30 | investment for any pension or retirement fund. |
|
1 | (viii) Bonds of a municipal authority or parking authority |
2 | created solely by the borough, for the purpose either of |
3 | investment or of possible retirement of the bonds and |
4 | acquisition of authority projects at an earlier date than |
5 | originally contemplated, using for the purpose either surplus |
6 | funds of the borough or money appropriated in the annual budget |
7 | for the purpose. |
8 | (d) In making investments of borough funds, council shall |
9 | have authority: |
10 | (i) To permit assets pledged as collateral under subsection |
11 | (c)(iii), to be pooled in accordance with the act of August 6, |
12 | 1971 (P.L.281, No.72), relating to pledges of assets to secure |
13 | deposits of public funds. |
14 | (ii) To combine moneys from more than one fund under borough |
15 | control for the purchase of a single investment, provided that |
16 | each of the funds combined for the purpose shall be accounted |
17 | for separately in all respects and that the earnings from the |
18 | investment are separately and individually computed and |
19 | recorded, and credited to the accounts from which the investment |
20 | was purchased. |
21 | (iii) To join with one or more other political subdivisions |
22 | and municipal authorities in accordance with [the act of July |
23 | 12, 1972 (P.L.762, No.180), entitled "An act relating to |
24 | intergovernmental cooperation,"] 53 Pa.C.S. Ch. 23 Subch. A |
25 | (relating to intergovernmental cooperation) in the purchase of a |
26 | single investment, provided that the requirements of subclause |
27 | (ii) on separate accounting of individual funds and separate |
28 | computation, recording and crediting of the earnings therefrom |
29 | are adhered to. |
30 | Section 173. Section 1317 of the act, added November 21, |
|
1 | 2001 (P.L.843, No.85), is repealed: |
2 | [Section 1317. Conservation District.--The council may make |
3 | appropriations to the conservation district, as defined in the |
4 | act of May 15, 1945 (P.L.547, No.217), known as the |
5 | "Conservation District Law," in which the borough is located.] |
6 | Section 174. Article XIV heading of the act is reenacted to |
7 | read: |
8 | ARTICLE XIV |
9 | CONTRACTS |
10 | Section 175. Section 1401 of the act is amended to read: |
11 | Section 1401. Power to Make Contracts.--(a) Each borough |
12 | may make contracts for lawful purposes and for the purposes of |
13 | carrying into execution the provisions of this act and laws of |
14 | the Commonwealth. |
15 | (b) Except as otherwise specifically provided in this act, |
16 | all contracts and purchases shall be made with and from the |
17 | lowest qualified and responsible bidder. In awarding contracts |
18 | and making purchases, council shall have the right to take into |
19 | consideration such factors as the availability, cost and quality |
20 | of service, and may establish pre-qualification standards for |
21 | contracts and purchases. Any pre-qualification standards shall |
22 | be reasonably designed to assist council in determining the |
23 | ability of a bidder to successfully complete a contract or |
24 | purchase. |
25 | (c) A borough may permit the electronic submission of bids |
26 | and may receive bids electronically for competitively bid |
27 | purchases and contracts pursuant to 62 Pa.C.S. Ch. 46 (relating |
28 | to electronic bidding by local government units). |
29 | Section 176. Section 1402 of the act, amended or added |
30 | October 4, 1978 (P.L.1022, No.226), April 6, 1980 (P.L.95, |
|
1 | No.34), July 10, 1990 (P.L.383, No.90), June 26, 1995 (P.L.63, |
2 | No.12), December 18, 1996 (P.L.1141, No.171), December 18, 1996 |
3 | (P.L.1156, No.175), December 20, 1996 (P.L.1497, No.193) and |
4 | October 27, 2010 (P.L.862, No.87), is amended to read: |
5 | Section 1402. Regulation of Contracts.--(a) All contracts |
6 | or purchases in excess of ten thousand dollars ($10,000), except |
7 | those [hereinafter] mentioned[,] in this section and except as |
8 | provided by the act of October 27, 1979 (P.L.241, No.78), |
9 | entitled "An act authorizing political subdivisions, |
10 | municipality authorities and transportation authorities to enter |
11 | into contracts for the purchase of goods and the sale of real |
12 | and personal property where no bids are received," shall not be |
13 | made except with and from the lowest qualified and responsible |
14 | bidder after due notice in one newspaper [of general circulation |
15 | in the borough], at least two times at intervals of not less |
16 | than three days where daily newspapers of general circulation |
17 | are available for [such] publication, in case of weekly |
18 | newspapers, [such] notice once a week for two successive weeks. |
19 | The first advertisement shall be published not more than forty- |
20 | five days and the second advertisement not less than ten days |
21 | prior to the date fixed for the opening of bids. Advertisements |
22 | for contracts or purchases shall also be posted in a conspicuous |
23 | place within the borough. Advertisements for contracts and |
24 | purchases shall contain the date, time and location for opening |
25 | of bids and shall state the amount of the performance bond |
26 | determined under subsection (c). The amount of the contract |
27 | shall in all cases, whether of straight sale price, conditional |
28 | sale,[bailment] lease, lease purchase or otherwise, be the |
29 | entire amount which the borough pays to the successful bidder or |
30 | his assigns in order to obtain the services or property, or |
|
1 | both, and shall not be construed to mean only the amount which |
2 | is paid to acquire title or to receive any other particular |
3 | benefit or benefits of the whole bargain. [In awarding |
4 | contracts, council shall have the right to take into |
5 | consideration such other factors as the availability, cost and |
6 | quality of service.] |
7 | (a.1) Written or telephonic price quotations from at least |
8 | three qualified and responsible contractors shall be requested |
9 | for all contracts that exceed four thousand dollars ($4,000) but |
10 | are less than the amount requiring advertisement and competitive |
11 | bidding or, in lieu of price quotations, a memorandum shall be |
12 | kept on file showing that fewer than three qualified contractors |
13 | exist in the market area within which it is practicable to |
14 | obtain quotations. A written record of telephonic price |
15 | quotations shall be made and shall contain at least the date of |
16 | the quotation, the name of the contractor and the contractor's |
17 | representative, the construction, reconstruction, repair, |
18 | maintenance or work which was the subject of the quotation and |
19 | the price. Written price quotations, written records of |
20 | telephonic price quotations and memoranda shall be retained for |
21 | a period of three years. Written price quotations as used |
22 | throughout this section shall include electronic mail. |
23 | (b) (1) The award of contracts shall only be made by public |
24 | announcement at the meeting at which bids are received, or at a |
25 | subsequent meeting, the time and place of which shall be |
26 | publicly announced when bids are received. If for any reason one |
27 | or both of the above meetings shall not be held, the same |
28 | business may be transacted at any subsequent meeting if at least |
29 | five days' notice thereof shall be published in the newspaper |
30 | aforesaid. At council's request, all bids advertised for shall |
|
1 | be accompanied by cash, money order, a certified or cashier's |
2 | good faith check, or other irrevocable letter of credit drawn |
3 | upon a bank authorized to do business in this Commonwealth or by |
4 | a bond with corporate surety in such amount as council shall |
5 | determine, and, when requested, no bid shall be considered |
6 | unless so accompanied. |
7 | (2) Notwithstanding clause (1), council may direct that a |
8 | committee of council, a member of council or a member of the |
9 | borough staff receive, open and review bids during normal |
10 | business hours and forward the information to council for |
11 | subsequent award at a public meeting. Bidders shall be notified |
12 | and other interested parties, upon request, shall be notified of |
13 | the date, time and location of the opening of bids and may be |
14 | present when the bids are opened. |
15 | (c) The successful bidder when advertising as required |
16 | herein may, at the discretion of council, be required to furnish |
17 | a bond or irrevocable letter of credit or other security with |
18 | suitable reasonable requirements guaranteeing the work to be |
19 | done with sufficient surety in an amount as determined by |
20 | council which shall be not less than ten percent nor more than |
21 | one hundred percent of the amount of the liability under the |
22 | contract within twenty days after the contract has been awarded, |
23 | unless council shall prescribe a shorter period of not less than |
24 | ten days, and upon failure to furnish such [bond] security |
25 | within such time the previous award shall be void. Deliveries, |
26 | accomplishment and guarantees may be required in all cases of |
27 | expenditures. |
28 | (d) The contracts or purchases made by council, which shall |
29 | not require advertising, bidding or price quotations as |
30 | hereinbefore provided, are as follows: |
|
1 | (1) Those for maintenance, repairs or replacements for |
2 | water, electric light or public works of the borough, provided |
3 | they do not constitute new additions, extensions or enlargements |
4 | of existing facilities and equipment, but [a bond] security may |
5 | be required by council, as in other cases of work done; |
6 | (2) Those made for improvements, repairs and maintenance of |
7 | any kind, made or provided by any borough, through its own |
8 | [employes: Provided, That] employes, provided that all materials |
9 | used for street improvement, maintenance [and/or] or |
10 | construction in excess of [four thousand dollars ($4,000)] the |
11 | amount specified or adjusted under subsection (a.1) be subject |
12 | to the relevant price quotation or advertising requirements |
13 | contained [herein] in this section; |
14 | (3) Those where particular types, models or pieces of new |
15 | equipment, articles, apparatus, appliances, computer software, |
16 | vehicles or parts thereof are desired by council, which are |
17 | patented and manufactured or copyrighted products; |
18 | (3.1) Those for used equipment, articles, apparatus, |
19 | appliances, vehicles or parts thereof being purchased from a |
20 | public utility[.]; |
21 | (4) Those involving any policies of insurance or surety |
22 | company bonds; those made for [public] utility service [under |
23 | tariffs on file with the Pennsylvania Public Utility Commission] |
24 | for borough purposes, including, but not limited to, those made |
25 | for natural gas or telecommunications services; those made for |
26 | electricity with the entities set forth in clause 6(i), (ii), |
27 | (iii), (iv), (v), (vi) and (vii)(A); those made with another |
28 | political subdivision, or a county, or council of government, |
29 | consortium, cooperative or other similar entity created pursuant |
30 | to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental |
|
1 | cooperation) or the Commonwealth of Pennsylvania, the Federal |
2 | Government, any agency of the Commonwealth or the Federal |
3 | Government, or any municipal authority, including the sale, |
4 | leasing or loan of any supplies or materials by the Commonwealth |
5 | or the Federal Government or their agencies. The price thereof |
6 | shall not be in excess of that fixed by the Commonwealth, the |
7 | Federal Government, or their agencies; |
8 | (5) Those involving personal or professional services[.]; |
9 | (6) Those made relating to the purchase of electricity and |
10 | associated energy and related services by a borough owning or |
11 | operating electric generation or distribution facilities on the |
12 | effective date of this section with any of the following: |
13 | (i) A political subdivision. |
14 | (ii) Another state. |
15 | (iii) The Commonwealth or an agency thereof. |
16 | (iv) The Federal Government. |
17 | (v) A private corporation. |
18 | (vi) An electric cooperative corporation under 15 Pa.C.S. |
19 | Ch. 73 (relating to electric cooperative corporations). |
20 | (vii) A non-profit membership corporation. As used in this |
21 | subclause, the term "non-profit membership corporation" means an |
22 | entity, the membership of which: |
23 | (A) consists solely of Pennsylvania boroughs, such as a |
24 | consortium, buying group or municipal power agency under section |
25 | 2471.2; or |
26 | (B) consists of Pennsylvania boroughs and political |
27 | subdivisions of another state or states. |
28 | (viii) An electric cooperative of another state. |
29 | Nothing in this clause shall prohibit council from engaging in |
30 | advertising, bidding or price quotations if the council |
|
1 | determines that the advertising, bidding or price quotations are |
2 | in the public interest. |
3 | (e) [Every contract for the construction, reconstruction, |
4 | alteration, repair, improvement or maintenance of public works |
5 | shall comply with the provisions of the act of March 3, 1978 |
6 | (P.L.6, No.3), known as the "Steel Products Procurement Act."] |
7 | Council shall award contracts subject to the requirements of, |
8 | and may exercise any powers granted by, the following acts to |
9 | the extent applicable: the act of March 3, 1978 (P.L.6, No.3), |
10 | known as the "Steel Products Procurement Act," the act of |
11 | December 20, 1967 (P.L.869, No.385), known as the "Public Works |
12 | Contractors' Bond Law of 1967," the act of August 15, 1961 |
13 | (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage |
14 | Act," the act of January 17, 1968 (P.L.11, No.5), known as "The |
15 | Minimum Wage Act of 1968," the act of February 17, 1994 (P.L.73, |
16 | No.7), known as the "Contractor and Subcontractor Payment Act," |
17 | the act of January 23, 1974 (P.L.9, No.4), referred to as the |
18 | Public Contract Bid Withdrawal Law, 62 Pa.C.S. Pt. II (relating |
19 | to general procurement provisions), and any other applicable act |
20 | enacted before or after this act. |
21 | (f) No person, consultant, firm or corporation contracting |
22 | with the borough for purposes of rendering personal or |
23 | professional services to the borough shall share with any |
24 | borough officer or employe, and no borough officer or employe |
25 | shall accept, any portion of the compensation or fees paid by |
26 | the borough for the contracted services provided to the borough |
27 | except under the following terms or conditions: |
28 | (1) Full disclosure of all relevant information regarding |
29 | the sharing of the compensation or fees shall be made to the |
30 | council of the borough. |
|
1 | (2) The council of the borough must approve the sharing of |
2 | any fee or compensation for personal or professional services |
3 | prior to the performance of [said] the services. |
4 | (3) No fee or compensation for personal or professional |
5 | services may be shared except for work actually performed. |
6 | (4) No shared fee or compensation for personal or |
7 | professional services may be paid at a rate in excess of that |
8 | commensurate for similar personal or professional services. |
9 | Section 177. Section 1403 of the act, amended July 10, 1990 |
10 | (P.L.383, No.90), is amended to read: |
11 | Section 1403. Evasion of Advertising Requirements.--(a) No |
12 | member or members of council shall evade the provisions of |
13 | section 1402 hereof as to advertising for bids, by purchasing or |
14 | contracting for services and personal properties piecemeal for |
15 | the purpose of obtaining prices under ten thousand dollars |
16 | ($10,000) upon transactions, which transactions should, in the |
17 | exercise of reasonable discretion and prudence, be conducted as |
18 | one transaction amounting to more than ten thousand dollars |
19 | ($10,000). This provision is intended to make unlawful the |
20 | evading of advertising requirements by making a series of |
21 | purchases or contracts, each for less than the advertising |
22 | requirement price, or by making several simultaneous purchases |
23 | or contracts, each below said price, when, in either case, the |
24 | transactions involved should have been made as one transaction |
25 | for one price. Any members of council who so vote in violation |
26 | of this provision and who know that the transaction upon which |
27 | they so vote is or ought to be a part of a larger transaction |
28 | and that it is being divided in order to evade the requirements |
29 | as to advertising for bids, shall be jointly and severally |
30 | subject to surcharge for ten percent of the full amount of the |
|
1 | contract or purchase. Whenever it shall appear that a member of |
2 | council may have voted in violation of this section but the |
3 | purchase or contract on which [he so] the member of council |
4 | voted was not approved by council, this section shall be |
5 | inapplicable. |
6 | (b) Any council member who votes to unlawfully evade the |
7 | provisions of section 1402 and who knows that the transaction |
8 | upon which he so votes is or ought to be a part of a larger |
9 | transaction and that it is being divided in order to evade the |
10 | requirements as to advertising for bids commits a misdemeanor of |
11 | the third degree for each contract entered into as a direct |
12 | result of that vote. This penalty shall be in addition to any |
13 | surcharge which may be assessed pursuant to subsection (a). |
14 | Section 178. Section 1404 of the act, amended June 25, 2001 |
15 | (P.L.651, No.56), is amended to read: |
16 | Section 1404. [Penalty for] Personal Interest in Contracts |
17 | or Purchases.--[Except as otherwise provided in this act, no |
18 | borough official either elected or appointed, who knows or who |
19 | by the exercise of reasonable diligence could know, shall be |
20 | interested to any appreciable degree either directly or |
21 | indirectly in any purchase made or contract entered into or |
22 | expenditure of money made by the borough or relating to the |
23 | business of the borough, involving the expenditure by the |
24 | borough of more than one thousand dollars ($1000) in any |
25 | calendar year, but this limitation shall not apply to cases |
26 | where such officer or appointee of the borough is an employe of |
27 | the person, firm or corporation to which the money is to be paid |
28 | in a capacity with no possible influence on the transaction, and |
29 | in which he cannot be possibly benefited thereby either |
30 | financially or otherwise. But in the case of a member of council |
|
1 | or mayor, if he knows that he is within the exception just |
2 | mentioned he shall so inform council and shall refrain from |
3 | voting on the expenditure or any ordinance relating thereto, and |
4 | shall in no manner participate therein. Any official or |
5 | appointee who shall knowingly violate the provisions of this |
6 | section shall be subject to surcharge to the extent of the |
7 | damage shown to be thereby sustained by the borough and to |
8 | ouster from office, and shall be guilty of a misdemeanor, and |
9 | upon conviction thereof shall be sentenced to pay a fine not |
10 | exceeding one thousand dollars ($1000), or not exceeding one |
11 | hundred eighty days' imprisonment, or both] Elected and |
12 | appointed borough officials and borough employes shall be |
13 | restricted from any interest in borough contracts and purchases |
14 | to the extent provided in 65 Pa.C.S. Ch. 11 (relating to ethics |
15 | standards and financial disclosure). |
16 | Section 179. Section 1404.1 of the act, added December 1, |
17 | 1977 (P.L.245, No.80), is amended to read: |
18 | Section 1404.1. Purchase Contracts for Petroleum Products; |
19 | Fire Company, Etc., Participation.--The council of each borough |
20 | shall have power to permit, subject to such terms and conditions |
21 | as it may, and as hereinafter specifically provided, shall, |
22 | prescribe any paid or volunteer fire company, paid or volunteer |
23 | rescue company and paid or volunteer ambulance company in the |
24 | borough to participate in purchase contracts for petroleum |
25 | products entered into by the borough. Any such company desiring |
26 | to participate in [such] purchase contracts shall file with the |
27 | borough secretary a request that it be authorized to participate |
28 | in contracts for the purchase of petroleum products of the |
29 | borough and agreeing that it will be bound by [such] the terms |
30 | and conditions as the borough may, and as hereinafter |
|
1 | specifically provided, shall, prescribe and that it will be |
2 | responsible for payment directly to the vendor under each |
3 | purchase contract. Among [such] the terms and conditions, the |
4 | borough shall prescribe that all prices shall be F.O.B. |
5 | destination. |
6 | Section 180. Section 1405 of the act, amended July 10, 1990 |
7 | (P.L.383, No.90), is amended to read: |
8 | Section 1405. Separate Bids for Plumbing, Heating, |
9 | Ventilating and Electrical Work.--In the preparation for the |
10 | erection, construction and alteration of any public building, |
11 | when the entire cost of [such] the work shall exceed ten |
12 | thousand dollars ($10,000), the architect, engineer, or other |
13 | person preparing [such] the specifications may, if so requested |
14 | by the borough council, prepare separate specifications for the |
15 | plumbing, heating, ventilating and electrical work. The person |
16 | or persons authorized to enter into contracts for the erection, |
17 | construction or alteration of [such] the public buildings may, |
18 | if [such] the separate specifications shall have been proposed, |
19 | receive separate bids upon each of the [said] branches of work |
20 | and shall [thereupon] award the contract [for the same] to the |
21 | lowest responsible bidder for each of [said] the branches. |
22 | Section 181. Section 1406 of the act, amended October 9, |
23 | 1967 (P.L.380, No.171), is amended to read: |
24 | Section 1406. Bonds for the Protection of Labor and |
25 | [Materialmen] Materials.--[It shall be the duty of every borough |
26 | to require any person, copartnership, association, or |
27 | corporation, entering into a contract with such borough for the |
28 | construction, erection, installation, completion, alteration, |
29 | repair of, or addition to, any public work or improvement of any |
30 | kind whatsoever, where the amount of such contract is in excess |
|
1 | of one thousand five hundred dollars ($1,500), before commencing |
2 | work under such contract, to execute and deliver to such |
3 | borough, in addition to any other bond which may now or |
4 | hereafter be required by law to be given in connection with such |
5 | contract, an additional bond for the use of any and every |
6 | person, copartnership, association, or corporation interested, |
7 | in a sum not less than fifty percent and not more than one |
8 | hundred percent of the contract price, as such borough may |
9 | prescribe, having as surety thereon one or more surety companies |
10 | legally authorized to do business in this Commonwealth, |
11 | conditioned for the prompt payment of all material furnished and |
12 | labor supplied or performed in the prosecution of the work, |
13 | whether or not the said material or labor enter into and become |
14 | component parts of the work or improvement contemplated. Such |
15 | additional bond shall be deposited with and held by the borough |
16 | for the use of any party interested therein. Every such |
17 | additional bond shall provide that every person, copartnership, |
18 | association, or corporation, who, whether as subcontractor or |
19 | otherwise, has furnished material or supplied or performed labor |
20 | in the prosecution of the work as above provided, and who has |
21 | not been paid therefor, may sue in assumpsit on said additional |
22 | bond, in the name of the borough, for his, their or its use and |
23 | prosecute the same to final judgment for such sum or sums as may |
24 | be justly due him, them, or it and have execution thereof; |
25 | provided, the borough shall not be liable for the payment of any |
26 | costs or expense of any suit.] Before any contract exceeding ten |
27 | thousand dollars ($10,000) is awarded to any prime contractor or |
28 | construction manager for the construction, erection, |
29 | installation, completion, alteration, repair of or addition to |
30 | any public work or improvement of any kind, the contractor shall |
|
1 | furnish to the borough a payment bond for the protection of |
2 | claimants supplying labor or materials to the prime contractor |
3 | to whom the contract is awarded, at one hundred percent of the |
4 | contract amount, conditioned for the prompt payment of all |
5 | materials furnished or labor supplied or performed in the |
6 | prosecution of the contract under the act of December 20, 1967 |
7 | (P.L.869, No.385), known as the "Public Works Contractors' Bond |
8 | Law of 1967." This bond requirement shall be in addition to any |
9 | other bond requirement that may now or hereafter be required by |
10 | law to be given in connection with the contract. |
11 | Section 182. Section 1407 of the act is repealed: |
12 | [Section 1407. Minimum Wage Specifications in Contracts.-- |
13 | The specifications upon which contracts are entered into by any |
14 | borough for the construction, alteration or repair of any public |
15 | work or improvement may, at the option of the borough council, |
16 | contain the minimum wage or wages which may be paid by the |
17 | contractor or his subcontractors for the work performed by |
18 | laborers and mechanics employed on such public work or |
19 | improvement, and such laborers and mechanics shall in such cases |
20 | be paid not less than such minimum wage or wages. |
21 | Every contract for the construction, alteration or repair of |
22 | any public work or improvement, founded on specifications |
23 | containing any such stipulation for minimum wage or wages, shall |
24 | stipulate a penalty of an amount equal to twice the difference |
25 | between the minimum wage contained in said specifications and |
26 | the wage actually paid to each laborer or mechanic for each day |
27 | during which he shall have been employed at a wage less than |
28 | that prescribed in said specifications. |
29 | Every officer or person designated as an inspector of or |
30 | having supervision over the work to be performed under any such |
|
1 | contract, in order to aid in enforcing the fulfillment thereof, |
2 | shall, upon observation or investigation, report to the borough |
3 | council or agency which let the contract, all violations of |
4 | minimum wage stipulations, together with the name of each |
5 | laborer or mechanic who has been paid a wage less than |
6 | prescribed by the specifications, and the day or days of such |
7 | violation. |
8 | All such penalties shall be withheld and deducted for the use |
9 | of the borough from any moneys due the contractor by the officer |
10 | or person whose duty it shall be to authorize the payment of |
11 | moneys due such contractor, whether the violation of the minimum |
12 | stipulation of the specifications was by the contractor or by |
13 | any of his subcontractors. If any such contractor or |
14 | subcontractor subsequently pays to all laborers and mechanics |
15 | the balance of the amounts stipulated in such contract, the |
16 | borough shall pay to the contractor the amounts so withheld as |
17 | penalties.] |
18 | Section 183. Section 1410 of the act is amended to read: |
19 | Section 1410. Acceptance by Contractor of [Workmen's] |
20 | Workers' Compensation Act.--All contracts executed by any |
21 | borough, or any officer [thereof] of a borough, which involves |
22 | the construction or doing of any work involving the employment |
23 | of labor, shall contain a provision that the contractor shall |
24 | accept, insofar as the work covered by [any such] the contract |
25 | is concerned, the provisions of the [Workmen's Compensation Act |
26 | of 1915,] act of June 2, 1915 (P.L.736, No.338), known as the |
27 | "Workers' Compensation Act," and the supplements and amendments |
28 | [thereto] to the act, and that the [said] contractor will insure |
29 | his or her liability [thereunder] under the act and will file |
30 | with the borough with which the contract is made a certificate |
|
1 | of insurance providing evidence of such coverage, or file with |
2 | the borough with which the contract is made a certificate of |
3 | exemption from insurance from the Bureau of [Workmen's] Workers' |
4 | Compensation of the Department of Labor and Industry. The |
5 | certificate of exemption from insurance may be issued on the |
6 | basis of either individual self-insurance or group self- |
7 | insurance. Additionally, a contractor shall file with the |
8 | borough with which the contract is made any applications to be |
9 | excepted by the provisions of the "Workers' Compensation Act" in |
10 | respect to certain employes on religious grounds if the |
11 | applications have been accepted by the Department of Labor and |
12 | Industry. |
13 | Any contract executed in violation of this section shall be |
14 | null and void. |
15 | Section 184. Section 1411 of the act, amended July 10, 1981 |
16 | (P.L.247, No.80), is repealed: |
17 | [Section 1411. Architects and Engineers Employed Prohibited |
18 | From Bidding on Public Works; Penalty.--It shall be unlawful for |
19 | any architect or engineer, in the employ of any borough, and |
20 | engaged in the preparation of plans, specifications or |
21 | estimates, to bid or negotiate on any public work at any letting |
22 | of such work by the borough, except that any such architect or |
23 | engineer who shall have prepared preliminary plans only shall |
24 | not be prohibited from bidding or negotiating on the final |
25 | contract for such work. |
26 | It shall be unlawful for the officers of any borough charged |
27 | with the duty of letting any public work, to award a contract to |
28 | any such architect or engineer, in the employ of the borough to |
29 | be in any way interested in any contract for public work for the |
30 | borough or to receive any remuneration or gratuity from any |
|
1 | person interested in such contract except under the terms and |
2 | conditions as provided in section 1402(f). |
3 | Any person violating any of the provisions of this section |
4 | shall forfeit his office, and shall be guilty of a misdemeanor, |
5 | and on conviction thereof, shall be sentenced to pay a fine not |
6 | exceeding five hundred dollars ($500), or to undergo |
7 | imprisonment for not more than six months, or both.] |
8 | Section 185. Article XV heading of the act is amended to |
9 | read: |
10 | ARTICLE XV |
11 | EMINENT DOMAIN; ASSESSMENT OF DAMAGES [AND |
12 | BENEFITS]; DAMAGES FOR INJURY TO PROPERTY |
13 | Section 186. Article XV subdivision (a) heading of the act |
14 | is reenacted to read: |
15 | (a) General Provisions Relating to Eminent Domain |
16 | Section 187. Sections 1501 and 1502 of the act are amended |
17 | to read: |
18 | Section 1501. Exercise of Eminent Domain.--In the laying |
19 | out, opening, widening, extending, vacating, grading, or |
20 | changing the grades or lines of streets; the construction of |
21 | bridges, and the piers and abutments therefor; the construction |
22 | of slopes, embankments, and sewers; the erection and extension |
23 | of [waterworks] water systems, wharves, and docks, public |
24 | buildings, public auditoriums, memorials, monuments, public |
25 | works, filtration plants, sewerage systems, sewage treatment |
26 | works, [garbage] refuse disposal or incineration plants, |
27 | sanitary landfills, gas plants, electric light plants and |
28 | libraries; the establishing of parks, playgrounds and recreation |
29 | places; the changing of watercourses; and for all other purposes |
30 | authorized by this act, a borough may enter upon, appropriate, |
|
1 | injure, or destroy, private lands, property or material, or |
2 | lands previously granted or dedicated to public use and which |
3 | are no longer used for the purpose for which the lands were |
4 | granted, according to the proceedings set forth in the law |
5 | governing eminent domain. |
6 | Section 1502. Restrictions as to Certain Property.--(a) In |
7 | addition to [the] any restrictions made by other provisions of |
8 | this act in particular cases, no borough shall exercise the |
9 | right of eminent domain as against land now occupied by any |
10 | building which was used during the Colonial or Revolutionary |
11 | period as a place of assembly by the Council of the Colony of |
12 | Pennsylvania, the Supreme Executive Council of the Commonwealth |
13 | of Pennsylvania, or the Congress of the United States; or as |
14 | against the land occupied by any fort, redoubt, or blockhouse |
15 | erected during the Colonial or Revolutionary period, or any |
16 | building used as headquarters by the Commander-in-Chief of the |
17 | Continental Army; or as against the site of any building, fort, |
18 | redoubt, blockhouse, or headquarters, which are preserved for |
19 | their historic associations and not for private profit. The |
20 | Colonial and Revolutionary period shall be taken as ended on |
21 | September 3, 1783. |
22 | (b) No land or property used for a cemetery, burying ground |
23 | or place of public worship may be taken or appropriated by |
24 | virtue of any power contained in this article. |
25 | Section 188. The act is amended by adding a section to read: |
26 | Section 1502.1. Declaration of Intention.--A borough shall |
27 | declare its intention to acquire, enter upon, take, use and |
28 | appropriate any private property or land for any of the purposes |
29 | authorized by this article through a duly enacted ordinance. |
30 | Section 189. Section 1503 of the act, added October 9, 1967 |
|
1 | (P.L.399, No.181), is amended to read: |
2 | Section 1503. Application of [the Act of June 22, 1964 (P.L. |
3 | 84)] 26 Pa.C.S..--[Notwithstanding any of the provisions of this |
4 | act, all] All eminent domain proceedings shall conform to the |
5 | provisions of [the act of June 22, 1964 (P.L.84), known as the |
6 | "Eminent Domain Code."] 26 Pa.C.S. (relating to eminent domain), |
7 | including, but not limited to, payment of damages and costs. |
8 | Section 190. Article XV subdivision (b) heading and section |
9 | 1525 of the act, repealed in part April 28, 1978 (P.L.202, |
10 | No.53), are repealed: |
11 | [(b) Procedure for the Assessment of Benefits by Viewers |
12 | Section 1525. Assessment of Benefits.--The viewers shall |
13 | assess the total cost of the improvement, or so much thereof as |
14 | may be just and reasonable, upon the lands or properties |
15 | peculiarly benefited.] |
16 | Section 191. Section 1547 of the act is repealed: |
17 | [Section 1547. Assessments to Bear Interest.--All |
18 | assessments for benefits, costs, and expenses shall bear |
19 | interest at six percent per annum from the expiration of thirty |
20 | days after they shall have been finally ascertained, and shall |
21 | be payable to the treasurer of the borough.] |
22 | Section 192. Article XV subdivision (c) heading of the act |
23 | is reenacted to read: |
24 | (c) Damages for Injury to Property |
25 | Section 193. Section 1561 of the act is amended to read: |
26 | Section 1561. Right to Damage Given in Certain Cases.--The |
27 | right to damage against boroughs is given to all owners or |
28 | tenants of lands, property, or material, abutting on, or through |
29 | which pass, streets, injured by the vacating of [such] the |
30 | streets, or the vacation of bridges and piers, abutments and |
|
1 | approaches therefor. |
2 | Section 194. Sections 1562, 1563 and 1565 and Article XVI |
3 | heading of the act are repealed: |
4 | [Section 1562. Juries of View to Assess Damages and |
5 | Benefits.--All juries of view for assessing damages for taking, |
6 | using, occupying, or injuring land, property, or material, are |
7 | directed to assess the damages, provided for in the preceding |
8 | section, against boroughs, and the benefits in connection |
9 | therewith, and make a report thereof to the court. |
10 | Section 1563. Appeals from Viewers' Reports.--The right of |
11 | appeal to the court of common pleas, the right of trial by jury, |
12 | and the right to file exceptions are given to any party not |
13 | satisfied with such report. |
14 | Section 1565. Damages for Vacations.--Whenever viewers are |
15 | appointed to vacate any street, and the vacation of the same |
16 | takes no land from the owner abutting thereon, if, in the |
17 | opinion of the viewers, such vacation damages the property of |
18 | the abutting owner, they may award damages to such owner as |
19 | though land has been actually taken, and such damages shall be |
20 | ascertained as provided in the law governing eminent domain. |
21 | ARTICLE XVI |
22 | LAND SUBDIVISION] |
23 | Section 195. Article XVII heading and Article XVII |
24 | subdivision (a) heading of the act are reenacted to read: |
25 | ARTICLE XVII |
26 | STREETS |
27 | (a) General Provisions Relating to Streets |
28 | Section 196. Section 1701 of the act is amended to read: |
29 | Section 1701. Definitions.--The following words and terms, |
30 | as used in this article, shall be construed as follows: |
|
1 | (1) "Street" shall mean and include any street, [as defined |
2 | in section 111 of this act] road, lane, court, cul-de-sac, |
3 | alley, public way and public square, either for or intended for |
4 | public use, and shall include the cartway, sidewalk, gutter, |
5 | [and/or] and the right-of-way area, whether or not [such] the |
6 | street, or any part [thereof] of the street, is owned in fee by |
7 | others than the borough. Streets shall be of two classes, opened |
8 | and unopened. |
9 | (2) "Opened streets" shall mean and include all streets |
10 | within the borough used as public passageways. |
11 | (3) "Unopened streets" shall mean and include all streets |
12 | within the borough [not] neither used as a public passageway, |
13 | nor accepted or maintained, but [placed on the] plotted in one |
14 | of the following: |
15 | (i) a borough plan [for future or prospective use, or placed |
16 | on the plan of a real estate project, or referred to in |
17 | individual deeds.] or official map adopted in accordance with |
18 | the "Pennsylvania Municipalities Planning Code"; |
19 | (ii) an ordinance laying out the street in accordance with |
20 | this article; |
21 | (iii) a subdivision or land development plan; or |
22 | (iv) an individual deed. |
23 | (4) "Laying out" shall mean and include the plotting of an |
24 | unopened street or portion [thereof] of the street on [the] a |
25 | borough plan [or on the plan of a real estate development] or |
26 | official map adopted in accordance with the "Pennsylvania |
27 | Municipalities Planning Code," on a subdivision or land |
28 | development plan or by the enactment of an ordinance adopted in |
29 | accordance with this article, and shall include the plotting of |
30 | an unopened street in any case where any of the lines of the |
|
1 | same are proposed to be revised, or in any case where the same |
2 | was never previously laid out, although [such] the street may |
3 | have been opened and used. |
4 | (5) "Opening a street" shall mean and include the |
5 | construction and grading of a street or portion thereof and the |
6 | act of physically taking possession of an area or laid-out |
7 | street for the purpose of making the same usable to the |
8 | traveling public. |
9 | (6) "Improving a street" shall mean and include any work |
10 | upon any street or portion thereof done or proposed to be done |
11 | in order to open the same, if [such] the street shall not |
12 | previously have been opened, or if previously opened, to make |
13 | the same more usable, or more suitable for use by the traveling |
14 | public or safer for such use, and shall include, but shall not |
15 | be limited to grading, paving, curbing and macadamizing. |
16 | (7) "Portion [thereof]" shall mean and include a portion |
17 | either of the width or of the length of a street and, therefore, |
18 | opening a portion of a street may mean extending or widening a |
19 | street, and vacating a portion of a street may mean closing or |
20 | narrowing a street. |
21 | (8) "Personal notice" shall mean and include notice upon the |
22 | owner of a premises either by personal service upon [such] the |
23 | owner or by certified mail to [such] the owner at [his] the |
24 | owner's last known address, or where service shall not have been |
25 | successfully made by either of the two methods first mentioned |
26 | herein, then by leaving such notice at or upon [such] the |
27 | premises. |
28 | (9) "Person" shall mean and include a natural person, |
29 | association, firm, corporation or political subdivision. |
30 | Section 197. Sections 1702 and 1703 of the act are repealed: |
|
1 | [Section 1702. Right of Borough to Take Over Streets.--Any |
2 | borough shall have the right at any time to take over, by laying |
3 | out and/or opening the same-- |
4 | (1) Any street as it appears upon the borough plan; |
5 | (2) Any street, or portion thereof, which the borough shall |
6 | determine to acquire by the exercise of its rights under the |
7 | power of eminent domain, by following the procedure set forth in |
8 | the law governing eminent domain; |
9 | (3) Any street to which the public shall have acquired |
10 | rights by constant use over a period exceeding twenty-one years; |
11 | (4) Any street or portion thereof, laid out or constructed |
12 | by any person, which the borough shall see fit to take over or |
13 | accept as provided in this article. |
14 | Section 1703. Dedication of Streets Privately Constructed.-- |
15 | No borough shall acquire any right in or responsibility for any |
16 | street privately constructed until dedication of such street |
17 | shall have been presented to and accepted by the borough and |
18 | until such dedication shall have been recorded in the county |
19 | office for the recording of deeds.] |
20 | Section 198. Section 1704 of the act is amended to read: |
21 | Section 1704. Streets Connecting With Street of Other |
22 | Municipality [or Township].--No action shall be taken under this |
23 | article that would result in the change of location or grade, or |
24 | the vacation of any street or portion thereof that connects with |
25 | a street of another municipality [or township], without approval |
26 | of the court of [quarter sessions] common pleas of the county in |
27 | which [such] the municipality [or township] is located, unless |
28 | [such] the municipality [or township] shall itself first file |
29 | with the borough secretary its approval of [such] the proposed |
30 | action. |
|
1 | Section 199. Sections 1705 and 1706 of the act are reenacted |
2 | to read: |
3 | Section 1705. Entry on Land to Maintain Marks and |
4 | Monuments.--The borough council, its agents and employes, may |
5 | enter upon any land or property, and maintain marks and |
6 | monuments, so far as the council may deem necessary, in carrying |
7 | out its powers and duties under this article. |
8 | Section 1706. Exclusive Nature of Provisions.--The |
9 | provisions in this article, as applicable to the dedication, |
10 | acceptance, laying out, opening and vacation of streets, shall |
11 | be exclusive, and no streets shall be acquired, laid out, opened |
12 | or vacated by any borough except under such provisions. |
13 | Section 200. The act is amended by adding sections to read: |
14 | Section 1707. Failure of Council to Hold Hearing.--If, after |
15 | the filing of a petition pursuant to this article, council fails |
16 | to hold a required hearing, any aggrieved party may file a |
17 | mandamus action in the court of common pleas requesting that a |
18 | hearing be held. |
19 | Section 1708. Street Lighting, Ornamental Lighting and |
20 | Traffic Control Signals and Devices.--Council may provide street |
21 | lights and ornamental lighting and make regulations for the |
22 | protection of lighting. Council may assess the costs for the |
23 | erection of lighting in accordance with Article XXI-A. Council |
24 | may provide for the erection, maintenance and operation of |
25 | traffic control signals and devices in accordance with 75 |
26 | Pa.C.S. (relating to vehicles). |
27 | Section 201. Article XVII subdivision (b) heading of the act |
28 | is reenacted to read: |
29 | (b) Plan of Streets |
30 | Section 202. The act is amended by adding a section to read: |
|
1 | Section 1712. Borough Street Plan.--(a) A borough that has |
2 | not maintained an accurate plan of borough streets adopted in |
3 | accordance with this act prior to the effective date of this |
4 | section may only adopt a plan of streets pursuant to the |
5 | "Pennsylvania Municipalities Planning Code," governing the |
6 | adoption of an official map. |
7 | (b) If a borough maintains a plan of streets adopted prior |
8 | to the effective date of this section, or maintains an official |
9 | map containing opened and unopened streets, a street laid out in |
10 | accordance with this act by ordinance or by final approval of a |
11 | subdivision or land development plan shall be deemed an |
12 | amendment to the plan. Notwithstanding any other provision of |
13 | law, a deemed amendment as provided in this section and any |
14 | subsequent placement of the street on a plan shall not be |
15 | subject to public notice or public hearing, provided that the |
16 | street has been laid out in accordance with the requirements of |
17 | this article. |
18 | (c) The maintenance of a plan of streets or official map |
19 | shall not be required in order for a borough to lay out streets |
20 | in accordance with section 1721.2(b) or lay out and open a |
21 | street in accordance with section 1724. |
22 | Section 203. Article XVII subdivision (c) heading of the act |
23 | is reenacted to read: |
24 | (c) Laying Out Streets |
25 | Section 204. The act is amended by adding sections to read: |
26 | Section 1721.1. Power to Lay Out, Open, Etc.--(a) In |
27 | accordance with the provisions of this article, boroughs may, |
28 | with or without petition of abutting property owners, lay out, |
29 | open, widen, straighten, alter, extend and improve, and may |
30 | establish or reestablish the grades of, and keep in order and |
|
1 | repair and in safe passable condition, any street or portion of |
2 | a street within the borough limits, or may vacate the same |
3 | whenever deemed expedient for the public good and provide for |
4 | the costs of alteration. |
5 | (b) Boroughs may lay out or open: |
6 | (1) any street, or portion of a street, as it appears upon a |
7 | borough plan, or an official map adopted in accordance with the |
8 | "Pennsylvania Municipalities Planning Code," or is described in |
9 | an ordinance adopted in accordance with this article; |
10 | (2) any street, or portion of a street, which the borough |
11 | shall determine to acquire by eminent domain; |
12 | (3) any street to which the public shall have acquired |
13 | rights by constant use over a period exceeding twenty-one years; |
14 | or |
15 | (4) any street or portion of a street, laid out or |
16 | constructed by any person, which the borough shall see fit to |
17 | open or accept as provided in this article. |
18 | Section 1721.2. Laying Out Streets; Procedure.--(a) Any |
19 | street identified in a plan of streets, an official map adopted |
20 | in accordance with the "Pennsylvania Municipalities Planning |
21 | Code," or identified in a recorded subdivision or land |
22 | development plan shall be deemed to be laid out for purposes of |
23 | this act. |
24 | (b) Boroughs shall have the authority, by ordinance, to lay |
25 | out any area for future opening as a public street. The proposed |
26 | ordinance laying out such street shall be advertised in a |
27 | newspaper once a week for two successive weeks. On or before the |
28 | publication of the first advertisement, personal notice shall be |
29 | provided to all owners of any property abutting the proposed |
30 | street or through which the proposed street is to be laid out, |
|
1 | and, if the proposed street will lead into an adjacent |
2 | municipality, a copy of the proposed ordinance shall be sent to |
3 | the adjacent municipality. The proposed ordinance shall have |
4 | appended to the ordinance or referenced a map sufficient to |
5 | apprise the public of the proposed location, profile and |
6 | dimensions of the street, and shall list the names of the owners |
7 | of any property through which the proposed street has been laid |
8 | out. |
9 | (c) Within ten days after the second publication of the |
10 | notice required in subsection (b), any interested party may |
11 | petition council for a hearing, which council shall hold within |
12 | sixty days after the date of the petition. Council shall give at |
13 | least fifteen days' notice of the hearing in a newspaper and by |
14 | personal notice to persons entitled to such notice under |
15 | subsection (b). Council may enact the ordinance no later than |
16 | thirty days following the date of the hearing, or, where no |
17 | timely petition has been filed, within thirty days of the second |
18 | publication of the notice required by subsection (b). The |
19 | enactment of the ordinance shall constitute public notice of the |
20 | borough's intent to recognize the street within the system of |
21 | borough streets and the borough's rights in the street. Within |
22 | thirty days of the enactment of the ordinance, any party |
23 | aggrieved by council's action may appeal to the court of common |
24 | pleas. |
25 | (d) If, at the time of the enactment of an ordinance in |
26 | accordance with subsection (c), the lines of the laid out street |
27 | include property not subject to use as a public passageway, the |
28 | ordinance shall be filed with the recorder of deeds of the |
29 | county where the borough is located. The recorder of deeds shall |
30 | index the ordinance by name of borough, name of the property |
|
1 | owner, and, if applicable, parcel number, of the property |
2 | through which the proposed street is laid out. |
3 | (e) Whenever a street shall have been laid out by ordinance |
4 | as provided in this section, the owner or subsequent owner shall |
5 | have no right to damages for buildings or improvements placed on |
6 | streets after the date of enactment, and the buildings or |
7 | improvements shall be removed at the expense of the landowner |
8 | after the opening of the street in accordance with this act. |
9 | (f) The laying out of a street, without opening the street, |
10 | shall create no right to public use of the street and shall not |
11 | constitute the taking or acceptance of any property or obligate |
12 | the borough to improve or maintain the street or the property on |
13 | which the street has been laid out. |
14 | (g) Nothing in this section may affect the validity or legal |
15 | effect of a street laid out in accordance with law prior to the |
16 | effective date of this section. |
17 | Section 205. Section 1723 of the act is repealed: |
18 | [Section 1723. Effect of Laying Out Street Without Opening |
19 | Thereof.--The laying out of a street, without opening the same, |
20 | shall create no right to public use of such street.] |
21 | Section 206. Section 1724 of the act, amended April 28, 1978 |
22 | (P.L.76, No.36) and repealed in part October 5, 1980 (P.L.693, |
23 | No.142), is amended to read: |
24 | Section 1724. Effect of [Failure to Open Street After its] |
25 | Laying Out Street.--(a) At any time after any street or portion |
26 | thereof shall have remained laid out but not opened for a period |
27 | of ten years or longer, any owner or owners of fifty percent of |
28 | the front feet of the land over which [such] the street or |
29 | portion thereof was laid out may petition the borough council to |
30 | [remove such street from the plan of streets and to] cancel the |
|
1 | laying out [thereof] of the street. Council shall thereupon, |
2 | following at least fifteen days' notice in a newspaper [of |
3 | general circulation in the borough], and at least fifteen days' |
4 | personal notice to the owners of all real estate abutting upon |
5 | the land over which [such] the street or portion [thereof] of |
6 | the street was laid out, hold a public hearing on the matter. |
7 | Council may, on motion, deny the petition, or, by ordinance, |
8 | grant [such] the petition and [remove such street or portion |
9 | thereof from the borough plan and] cancel the laying out |
10 | thereof. Any person aggrieved by the decision of the council, |
11 | either granting or denying [such] the petition, may appeal |
12 | therefrom. The ordinance providing for the cancellation of the |
13 | laying out of a street shall be filed with the recorder of deeds |
14 | in accordance with section 1721.2(d). |
15 | (b) Whenever any street shall have been laid out and shall |
16 | not have been opened to, or used by the public for a period of |
17 | twenty-one years, [such] the street shall not thereafter be |
18 | opened without the consent of at least fifty-one percent of the |
19 | number of owners of the abutting real estate and without the |
20 | consent of the owners of at least fifty-one percent of the |
21 | property abutting [such] the street, based on a front foot |
22 | basis. |
23 | Section 207. Article XVII subdivision (d) heading and |
24 | sections 1731, 1732, 1733, 1734 and 1735 of the act are amended |
25 | to read: |
26 | (d) Opening [and Acceptance of Streets]; Acceptance |
27 | and Vacation of Streets |
28 | Section 1731. Authority to Open and Vacate Streets; |
29 | Procedure.--[Any borough] (a) Council shall have authority, by |
30 | ordinance [(i)], to [open]: |
|
1 | (1) Open any street or portion thereof previously laid |
2 | out[;] or [(ii)] simultaneously to lay out and open any street |
3 | or portion thereof. Any street or portion [thereof] of a street |
4 | so opened shall be a public street of the borough. [No such |
5 | ordinance shall become effective until thirty days after the |
6 | enactment thereof. Within ten days after the enactment of any |
7 | such ordinance, the borough shall give personal notice to the |
8 | owners of all property abutting the street so proposed to be |
9 | opened. During such thirty-day period between the enactment and |
10 | taking effect of such ordinance, any interested party may |
11 | petition council for a hearing, which council shall hold within |
12 | thirty days after the date of such petition, and of which the |
13 | borough shall give at least fifteen days' notice in a newspaper |
14 | of general circulation in the borough. Any such petition shall |
15 | serve to stay the effective date of such ordinance, until |
16 | council shall have held such hearing and shall have acted upon |
17 | such petition by motion, or, in case of further appeal, until |
18 | the court shall have finally disposed of the matter. After such |
19 | hearing and within thirty days after action by council upon such |
20 | petition, any party aggrieved by council's action thereupon may |
21 | appeal to the court of quarter sessions.] |
22 | (2) Vacate or close any street or portion of a street |
23 | previously opened or laid out, provided that no street or |
24 | portion of a street providing the sole means of access to any |
25 | tract of land shall be vacated without the consent of those to |
26 | whom access would be denied. Vacation of a street shall |
27 | terminate all public right in or to the street but shall not |
28 | affect any private rights acquired by any of the owners of |
29 | abutting property. |
30 | (b) The proposed ordinance, opening or vacating any street |
|
1 | or portion of a street shall be advertised in a newspaper once a |
2 | week for two successive weeks. On or before the publication of |
3 | the first advertisement, personal notice shall be provided to |
4 | all owners of any property abutting the street proposed to be |
5 | opened or vacated. The proposed ordinance shall have appended to |
6 | it or shall reference a map or a survey sufficient to apprise |
7 | the public of the proposed location, profile and dimensions of |
8 | the street, and shall list the names of the owners of any |
9 | property abutting the street. |
10 | (c) Within ten days after the second publication of the |
11 | notice required under subsection (b), any interested party may |
12 | petition council for a hearing, which council shall hold within |
13 | sixty days after the date of the petition. Council shall give at |
14 | least fifteen days' notice of the hearing in a newspaper and by |
15 | personal notice to persons entitled to notice under subsection |
16 | (b). Council may enact the ordinance no later than thirty days |
17 | following the date of the hearing or, where no timely petition |
18 | has been filed, within thirty days of the second publication of |
19 | the notice required under subsection (b). Within thirty days of |
20 | the enactment of the ordinance, any party aggrieved by council's |
21 | action may appeal to the court of common pleas. |
22 | Section 1732. Petition for Opening or Vacating Street; |
23 | Action Thereon.--(a) Any person or persons, constituting a |
24 | majority in number and interest of the owner of the real estate |
25 | abutting upon any area not opened as a street or abutting upon |
26 | an existing street or portion of a street, may petition the |
27 | council to [open]: |
28 | (1) Open or lay out and open such area as a street or |
29 | portion thereof. |
30 | (2) Vacate a street or portion of a street. |
|
1 | (b) Council shall hold a hearing [upon such] after receiving |
2 | a petition filed with council in accordance with subsection (a), |
3 | following at least fifteen days' personal notice to all owners |
4 | of abutting real estate not joining in [such] the petition, and |
5 | following at least fifteen days' notice thereof in a newspaper |
6 | [of general circulation in the borough]. Following such hearing, |
7 | council shall either by motion deny [such] the petition or by |
8 | ordinance open, [or] lay out and open [such] or vacate the |
9 | street or portion [thereof] of the street. All provisions of |
10 | section 1731 [hereof] applicable to ordinances enacted by |
11 | authority of that section shall apply to ordinances enacted by |
12 | authority of this section. |
13 | (c) A petition for the vacation of any street or portion of |
14 | a street may release the borough from all damages sustained as a |
15 | result of the vacation if the petition is signed by the owners |
16 | of all the property abutting upon the street or portion of the |
17 | street and, where the release shall have been included in the |
18 | petition, no proceedings for award of damages may be had and no |
19 | damages as a result of the vacation shall under any conditions |
20 | be awarded to any abutting property owner. |
21 | Section 1733. [Procedure for Opening Street;] Action for |
22 | Damages and Benefits; Award [Thereof].--(a) Upon the effective |
23 | date of an ordinance enacted to open a street or portion of a |
24 | street by authority of section 1731 or 1732 [hereof], the |
25 | borough shall have authority to enter upon and take possession |
26 | of the street or portion thereof opened by [such] the ordinance, |
27 | if no structures are upon [such] the street. If any structure |
28 | shall have been located upon [such] the street or portion |
29 | [thereof] of the street so opened, prior to the laying out of |
30 | [such] the street or prior to the simultaneous laying out and |
|
1 | opening [thereof, such] of the street, the street shall not be |
2 | opened until the owner of [such] the structure shall have been |
3 | given sixty days' personal notice to vacate the same. [If any of |
4 | the parties cannot agree upon damages sustained by reason of the |
5 | opening of any street or portion thereof, such damages shall be |
6 | assessed by a jury of view under the provisions of the law |
7 | governing eminent domain.] Council shall not be required to file |
8 | any bond or security for the exercise of the right granted by |
9 | this section. |
10 | (b) All parties whose ground is taken in the opening of a |
11 | street or portion [thereof] of the street shall have three years |
12 | from and after the effective date of the ordinance opening |
13 | [such] the street or portion [thereof] of the street in which to |
14 | bring an action for damages resulting [therefrom] from the |
15 | opening of the street or portion of the street. In case of the |
16 | assessment of damages for the opening of any street or portion |
17 | [thereof] of the street, the award of damages, if any, shall |
18 | include all damages resulting from the grade at which [such] the |
19 | street or portion [thereof] of the street is to be opened; the |
20 | plan attached to the report of the viewers awarding the damages |
21 | shall [have therein] include a profile plan showing the existing |
22 | grade as well as the grade to which [such] the street or portion |
23 | [thereof] of the street is to be opened. Any costs and expenses |
24 | which cannot be assessed upon property benefited shall be paid |
25 | by the borough. |
26 | (c) If the parties cannot agree upon damages sustained by |
27 | reason of the opening or vacation of any street or portion of a |
28 | street, the damages shall be assessed by a jury of view under |
29 | the law governing eminent domain. |
30 | Section 1734. Acceptance and Dedication of Streets.--(a) |
|
1 | Any borough may, by ordinance, accept any opened street not |
2 | previously dedicated to or laid out by the borough, by following |
3 | the procedure set forth in section 1731 or 1732 [hereof], and |
4 | the effect of [such] the acceptance shall be the same as of |
5 | opening [such street: Provided, That no] the street. No street |
6 | may be accepted unless [such] the street connects with at least |
7 | one other previously opened street or State highway. |
8 | (b) No borough shall acquire any right in or responsibility |
9 | for any street privately constructed until dedication of the |
10 | street shall have been presented to and accepted by the borough |
11 | and until the dedication shall have been recorded in the county |
12 | office for the recording of deeds. |
13 | Section 1735. Streets Not to Be Constructed, or Dedicated or |
14 | Opened to Travel Without the Approval of Council.--(a) No |
15 | person shall construct, dedicate, or open to travel any street, |
16 | or any drainage facilities in connection [therewith] with the |
17 | street, for public use or travel or for the common use of |
18 | occupants of buildings abutting thereon in any borough, without |
19 | first submitting suitable plans [thereof] to the council [for |
20 | its approval. Such] and obtaining its approval. The plans shall |
21 | be prepared in accordance with [such] rules and regulations as |
22 | may be prescribed by the council, and shall show the profiles of |
23 | [such] the street, the course, structure and capacity of any |
24 | drainage facilities, and the method of drainage of the adjacent |
25 | or contiguous territory, and also any other or further details |
26 | that may be required under the rules or regulations adopted by |
27 | the council. |
28 | (b) The provisions of the "Pennsylvania Municipalities |
29 | Planning Code" shall govern the construction, security |
30 | requirements and dedication of streets and connected drainage |
|
1 | facilities when the streets proposed to be constructed are part |
2 | of a plan required by an ordinance adopted pursuant to the |
3 | "Pennsylvania Municipalities Planning Code." |
4 | (c) Before acting upon [any such] plans not subject to |
5 | review under subsection (b), [the] council may, at its |
6 | discretion, arrange for a public hearing after giving such |
7 | notice as it may deem desirable in each case. [The council is |
8 | authorized to] Council may alter [such] the plans, and [to] |
9 | specify [any] changes or modifications of any [kinds, which it |
10 | may deem necessary with respect thereto,] kind and may make its |
11 | approval of [such] the plans subject to [any such] alterations, |
12 | changes or modifications. Any plans, when so approved, shall be |
13 | signed on behalf of the borough by such officer as the council |
14 | may designate, and shall be filed where the same shall be |
15 | available to public inspection among the records of the borough |
16 | at all reasonable times. [No street, or any drainage facilities |
17 | in connection therewith, shall be constructed or dedicated for |
18 | public use or travel, except in strict accordance with plans so |
19 | approved by the council, or with further plans subsequently |
20 | approved by it in the same manner. |
21 | In any case where council has heretofore required or shall |
22 | hereafter require the construction or improvement of streets or |
23 | parts of streets, or of any drainage facilities in connection |
24 | therewith, or the posting of a bond or other security for so |
25 | doing, within any parts or subdivisions of a borough, as a |
26 | condition to approval of any plan thereof, and the materials or |
27 | other specifications for such construction or improvements are |
28 | required by the borough to be of better quality or type or |
29 | otherwise superior to and more costly than those of most of the |
30 | already existing streets and drainage facilities in connection |
|
1 | therewith of the borough, or of the particular zone of the |
2 | borough, in case it has a zoning ordinance, the cost of such |
3 | construction or improvement shall be allocated and paid in |
4 | accordance with the provisions of section 1761 of this act, and |
5 | the submission of a plan shall not be deemed a petition for the |
6 | construction or improvements so required, but if the borough |
7 | shall require substantially the same quality or type and |
8 | specifications of street and drainage facilities as generally |
9 | exists either in the borough, or, if the borough has a zoning |
10 | ordinance, in the particular zone involved, the submission of a |
11 | plan shall be deemed a petition therefor by a majority in the |
12 | number of feet assessable, properties abutting thereon, and the |
13 | cost of such constructions and improvements shall be paid in |
14 | accordance with the provisions of section 1761 of this act under |
15 | such circumstances: Provided, That council and the person or |
16 | persons submitting a plan may in all cases, by agreement, |
17 | provided otherwise as to such costs: And provided further, That |
18 | this section shall not authorize the recovery or avoidance of |
19 | any such costs heretofore agreed to or paid. Whenever council |
20 | requires the construction or improvement of streets or parts |
21 | thereof, it shall establish or cause to be established the |
22 | grades of such streets or parts, or shall approve the grades |
23 | indicated upon the plan submitted before such streets or parts |
24 | are improved or constructed. Council's approval of plans, |
25 | whether or not such plans are subject to any such conditions as |
26 | to streets, parts of streets, or drainage facilities in |
27 | connection therewith, shall constitute the streets as shown upon |
28 | the plans so approved as streets of the borough, any plan so |
29 | approved as filed and as recorded, indicate clearly all such |
30 | constructions and improvements required to be made, the grades |
|
1 | thereof, the materials and other specifications required, and |
2 | the allocation of cost thereof, as provided by law or as agreed |
3 | upon.] No approval of plans by council may obligate or require |
4 | the borough to construct, reconstruct, maintain, repair or grade |
5 | any street or drainage facilities associated therewith. |
6 | (d) In any case where the borough council shall refuse to |
7 | approve any plans submitted to it, any person aggrieved by the |
8 | action of council may, within thirty days after the action, |
9 | appeal from the action, by petition to the court of common pleas |
10 | of the county which court shall hear the matter de novo, and, |
11 | after hearing, may enter decree affirming, reversing or |
12 | modifying the action of the council as may appear just. The |
13 | court shall designate the manner in which notice of the hearing |
14 | of an appeal shall be given to all parties interested. The |
15 | decision of the court shall be final. |
16 | Any plan approved by the action of borough council or by the |
17 | court on appeal shall be recorded by the person applying for |
18 | approval in the office of the recorder of deeds in the county. |
19 | (e) If any street, or any drainage facilities in connection |
20 | with the street, shall be opened, constructed or dedicated for |
21 | public use or travel, except in strict accordance with plans |
22 | approved by the council, or the court on appeal, as provided in |
23 | this article, neither the borough council nor any other public |
24 | authority shall place, construct or operate any sewer, drain, |
25 | water pipe or other facilities, or do any work of any kind in or |
26 | upon the street; and neither borough council nor any other |
27 | public authorities shall have any responsibility of any kind |
28 | with respect to any such street, or drainage facilities, |
29 | notwithstanding any use of the same by the public, provided that |
30 | nothing in this article shall prevent the laying of trunk |
|
1 | sewers, drains, water or gas mains, if required by engineering |
2 | necessity for the accommodation of other territory. |
3 | (f) Any person who constructs, opens or dedicates any street |
4 | or any drainage facilities in connection with a street, for |
5 | public use or travel in any borough, without having first |
6 | complied with the provisions of this article shall be guilty of |
7 | a misdemeanor of the third degree and shall be subject to a suit |
8 | for all costs and damages incurred by the borough or property |
9 | owners in the course of correcting all substantive violations of |
10 | State law or borough ordinance resulting from or arising out of |
11 | the unlawfully constructed street or facilities. Nothing in this |
12 | section shall be construed to apply to the Department of |
13 | Transportation. |
14 | Section 208. Sections 1736 and 1737 and Article XVII |
15 | subdivision (e) heading of the act are repealed: |
16 | [Section 1736. Appeal From Refusal of Council.--In any case |
17 | where the borough council shall refuse to approve any plans |
18 | submitted to it, any person aggrieved by the action of such |
19 | council may, within thirty days after such action, appeal from |
20 | such action, by petition to the court of quarter sessions of the |
21 | county which court shall hear the matter de novo, and, after |
22 | hearing, may enter decree affirming, reversing or modifying the |
23 | action of the council as may appear just in the premises. The |
24 | court shall designate the manner in which notice of the hearing |
25 | of any such appeal shall be given to all parties interested. The |
26 | decision of the court shall be final. |
27 | The action of the borough council, or the court on appeal, in |
28 | approving any such plan, and such approved plan, shall be |
29 | recorded by the person applying for such approval in the office |
30 | of the recorder of deeds in the county. |
|
1 | Section 1737. Streets Opened Without Approval; Penalty.--If |
2 | any street, or any drainage facilities in connection therewith, |
3 | shall be opened, constructed or dedicated for public use or |
4 | travel, except in strict accordance with plans approved by the |
5 | council, or the court on appeal, as provided in this |
6 | subdivision, neither the borough council nor any other public |
7 | authority shall place, construct or operate any sewer, drain, |
8 | water pipe or other facilities, or do any work of any kind in or |
9 | upon such street; and neither borough council nor any other |
10 | public authorities shall have any responsibility of any kind |
11 | with respect to any such street, or drainage facilities, |
12 | notwithstanding any use of the same by the public: Provided, |
13 | however, That nothing herein contained shall prevent the laying |
14 | of trunk sewers, drains, water or gas mains, if required by |
15 | engineering necessity for the accommodation of other territory. |
16 | Any person who shall construct, open or dedicate any street |
17 | or any drainage facilities in connection therewith, for public |
18 | use or travel in any borough, without having first complied with |
19 | the provisions of sections 1735 and 1736 of this act, or of any |
20 | borough ordinance adopted pursuant thereto, shall be guilty of a |
21 | misdemeanor, and, upon conviction thereof, shall be sentenced to |
22 | pay a fine not exceeding one thousand dollars ($1000), or suffer |
23 | imprisonment not exceeding two years, or both, in the discretion |
24 | of the court. Nothing herein contained shall be construed to |
25 | apply to the Department of Highways of the Commonwealth. |
26 | (e) Vacating Streets] |
27 | Section 209. Section 1741 of the act, amended June 28, 1979 |
28 | (P.L.55, No.23), is repealed: |
29 | [Section 1741. Authority to Vacate Streets; Procedure.--Any |
30 | borough shall have authority, by ordinance, to vacate or close |
|
1 | any street or portion thereof previously opened or laid out, but |
2 | no street or portion thereof providing the sole means of access |
3 | to any lot or tract of land shall be vacated unless those to |
4 | whom access would be denied shall consent. No such ordinance |
5 | shall become effective until forty days after the enactment |
6 | thereof. Within ten days after the enactment of any such |
7 | ordinance, the borough shall give written notice by United |
8 | States certified mail return receipt requested to the personal |
9 | address to the owners of all property abutting on the street or |
10 | portion thereof so proposed to be vacated. If any street or |
11 | portion thereof proposed to be vacated shall be on a recorded |
12 | plan, the borough shall also give thirty days notice in a |
13 | newspaper of general circulation in the borough of the proposed |
14 | vacation directed to all the owners of property abutting on the |
15 | street or portion thereof proposed to be vacated by name and |
16 | directed generally to all other owners of property appearing on |
17 | such plan. In the event any owners of property abutting on the |
18 | street or portion thereof so proposed to be vacated cannot be |
19 | found a copy of the ordinance shall be posted on the premises of |
20 | such property owner within ten days after the enactment of any |
21 | such ordinance. During such forty-day period between the |
22 | enactment and taking effect of such ordinance, any interested |
23 | party may petition council for a hearing, which council shall |
24 | hold within thirty days after the date of such petition, and of |
25 | which the borough shall give at least fifteen days' notice in a |
26 | newspaper of general circulation in the borough. Any such |
27 | petition shall serve to stay the effective date of such |
28 | ordinance, until council shall have held such hearing and shall |
29 | have acted upon such petition by motion, or, in case of further |
30 | appeal, until the court shall have finally disposed of the |
|
1 | matter. After such hearing and within thirty days after action |
2 | by council upon such petition, any party aggrieved by council's |
3 | action thereupon may appeal to the court of common pleas.] |
4 | Section 210. Sections 1742, 1743 and 1744 of the act are |
5 | repealed: |
6 | [Section 1742. Petition for Vacating Street; Action |
7 | Thereon.--Any person or persons constituting a majority in |
8 | number and interest of the owners of the real estate abutting |
9 | upon any street or portion thereof may petition the council to |
10 | vacate such street or portion thereof. Council shall hold a |
11 | hearing upon such petition, following at least fifteen days' |
12 | personal notice to all owners of abutting real estate not |
13 | joining in such petition, and following at least fifteen days' |
14 | notice thereof in a newspaper of general circulation in the |
15 | borough. Following such hearing the council shall either by |
16 | motion deny such petition or by ordinance vacate such street or |
17 | portion thereof. All provisions of section 1741 hereof |
18 | applicable to ordinances enacted by authority of that section |
19 | shall apply to ordinances enacted by authority of this section: |
20 | Provided, That any petition for the vacation of any street or |
21 | portion thereof may release the borough from all damages |
22 | sustained as a result of such vacation, if such petition is |
23 | signed by the owners of all the property abutting upon such |
24 | street or portion thereof, and, where any such release shall |
25 | have been included in such petition, no proceedings for award of |
26 | damages shall be had and no damages as a result of such vacation |
27 | shall under any conditions be awarded to any abutting property |
28 | owner. |
29 | Section 1743. Action for Damages.--If the parties cannot |
30 | agree upon the damages sustained by reason of the vacation of |
|
1 | any street or portion thereof, such damages shall be assessed by |
2 | a jury of view under the law governing eminent domain. |
3 | Section 1744. Effect of Vacation.--When a street or portion |
4 | thereof shall have been vacated, all public right in or to such |
5 | street or portion thereof shall cease, but such vacation shall |
6 | not affect any private rights acquired by any of the owners of |
7 | abutting property.] |
8 | Section 211. Article XVII subdivision (f) heading of the act |
9 | is reenacted to read: |
10 | (f) Straightening and Relocating Streets |
11 | Section 212. Section 1751 of the act is amended to read: |
12 | Section 1751. Authority to Straighten and Relocate Streets; |
13 | Procedure.--[Any borough] Council may, by ordinance, provide for |
14 | straightening [and/or] or relocating any street previously |
15 | opened, involving the opening of a portion of [such] the |
16 | straightened [and/or relocate] or relocated street over land not |
17 | previously a portion of [such] the street [and/or] or the |
18 | vacation of a portion of such previously opened street no longer |
19 | to be used for street purposes. [In such cases, such] The |
20 | straightening [and/or] or relocation shall be considered as an |
21 | opening [and/or] or vacation and shall be effected in the same |
22 | manner and by the same procedure as provided in [prior sections |
23 | of this article for opening or vacation of streets, as the case |
24 | may be, but such opening and/or vacation] section 1731 but may |
25 | be considered as a single proceeding, to be effected by |
26 | enactment of a single ordinance[, and it shall not be necessary |
27 | to enact one ordinance for vacation and another for opening]. |
28 | Section 213. Article XVII subdivision (g) heading of the act |
29 | is reenacted to read: |
30 | (g) Improvement of Borough Streets |
|
1 | Section 214. Section 1761 of the act is amended to read: |
2 | Section 1761. Proceedings With or Without Petition.-- |
3 | Boroughs with petition or without petition may improve streets, |
4 | or parts [thereof] of streets, or a particular width, or |
5 | additional widths [thereof] of streets, with or without the |
6 | assistance or contribution of the United States of America, the |
7 | [State] Commonwealth, the county, or a corporation occupying the |
8 | thoroughfare and may assess and collect the whole cost [thereof] |
9 | of improvement, or the whole cost not thus aided or contributed, |
10 | or any part [thereof] of the cost, from the owners of real |
11 | estate abutting on the improvement [by an equal assessment on |
12 | the foot-front basis or according to benefits as provided in |
13 | article XV of this act including the expenses of the necessary |
14 | drainage. The council may make equitable adjustments for corner |
15 | lots or lots of irregular shape where an assessment for full |
16 | frontage might be unjust. Property not otherwise assessable |
17 | shall become assessable by the petition of the owner or the |
18 | owners' representative. In all cases where the whole width of |
19 | the highway is being paved without State or County aid and more |
20 | than two-thirds of the total cost is proposed to be assessed on |
21 | abutters the borough shall for this purpose be considered as |
22 | owner of non-assessable property, of street intersections and of |
23 | the deducted frontage on equitable adjustment. At the discretion |
24 | of the borough council, the total cost of the improvement or a |
25 | lesser amount, if the borough desires, may be assessed on the |
26 | assessable properties abutting without any deduction for non- |
27 | assessable property or street intersections, or for the |
28 | equitable adjustments aforesaid, if the petition states that the |
29 | total cost may be assessed on the abutters: Provided, if in |
30 | connection with such proceedings any street or sidewalk is so |
|
1 | graded or changed in grade that private property is damaged |
2 | thereby and the damages have not been released or agreed upon, |
3 | then the damages shall be awarded as provided in the law |
4 | governing eminent domain, and benefits, costs, and expenses in |
5 | connection with the improvement shall be assessed as provided in |
6 | article XV: Provided further, That owners of all real estate |
7 | abutting upon any such improvement shall be assessable for the |
8 | cost thereof, whether such property owner be a natural person, |
9 | partnership, association, firm or corporation, including but not |
10 | limited to any nonprofit corporation or association, and any |
11 | public utility corporation, or political subdivision, but not |
12 | including the Commonwealth of Pennsylvania or the United States |
13 | of America] in accordance with Article XXI-A. |
14 | Section 215. Sections 1762 and 1763 of the act are repealed: |
15 | [Section 1762. Notice of Assessments.--The borough secretary |
16 | of the borough shall cause thirty days' personal notice of the |
17 | assessment to be given to each party assessed. |
18 | Section 1763. Collection of Assessments.--If any assessment |
19 | shall remain unpaid at the expiration of the notice, it shall be |
20 | the duty of the borough solicitor to collect the same, with |
21 | interest from the time of completion of the improvement, by |
22 | action of assumpsit, or by a lien to be filed and collected in |
23 | the same manner as municipal claims. When an owner has two or |
24 | more lots, against which there is an assessment for the same |
25 | improvement, all of such lots may be embraced in one claim.] |
26 | Section 216. Article XVII subdivision (h) heading of the act |
27 | is reenacted to read: |
28 | (h) Improvement of Streets Outside or Partly |
29 | Outside Borough Limits |
30 | Section 217. Section 1771 of the act is amended to read: |
|
1 | Section 1771. [Agreements to Improve Boundary Streets.--] |
2 | Improvement of Streets Outside or Partly Outside Borough |
3 | Limits.--(a) Any borough may enter into a written agreement, |
4 | with any adjoining municipality [and/or township] for improving |
5 | streets which may be boundaries between [such] the borough and |
6 | municipality [or township], and may provide in [such] the |
7 | contract [that] for the division of the damages, costs, and |
8 | expenses of [such] the improvement [shall be divided between |
9 | such borough, municipality, and/or township in the proportion |
10 | agreed upon]. The borough may assess its share of [such] the |
11 | costs against the owner of property abutting upon the borough's |
12 | side of [such] the improvement, in the manner provided in |
13 | [sections 1761, 1762 and 1763 of this act] Article XXI-A or may |
14 | agree to pay any part of the costs, damages and expenses of the |
15 | improvements out of the general funds. |
16 | The portion of the damages, costs, and expenses agreed to be |
17 | paid by the borough, shall be ascertained as provided in the law |
18 | governing eminent domain[, and the benefits incident thereto |
19 | shall be assessed and collected in the manner provided in |
20 | article XV of this act; but the borough may agree to pay any |
21 | part of the costs, damages, and expenses of such improvements |
22 | out of the general funds]. |
23 | (b) Whenever the center line of any street constitutes the |
24 | dividing line between any borough and a township located in the |
25 | same county, any agreement to improve and maintain the street |
26 | shall be made with the governing bodies of the township and, if |
27 | necessary, the county. The improvement shall be constructed and |
28 | subsequent repairs shall be made under the supervision of the |
29 | borough, and in compliance with plans to be agreed upon, in |
30 | writing, by the parties. One-half of the cost of the repairs |
|
1 | shall be borne by the borough. The borough may assess its share |
2 | of costs against the owners of property abutting on the |
3 | borough's side of the improvement, in the manner provided in |
4 | Article XXI-A. |
5 | (c) Whenever any street, more than one-half the width or the |
6 | entire width of which is within the limits of any borough, shall |
7 | divide the borough from any other municipality, the street may |
8 | be improved by the borough. The property abutting on the side of |
9 | the street, which is located outside the limits of the borough |
10 | making the improvements, may, for a depth of one hundred and |
11 | fifty feet, plus one-half the width of the street, from its |
12 | center line, be assessed for any and all municipal improvements |
13 | to or on the street in accordance with Article XXI-A. |
14 | (d) A borough may appropriate and expend moneys for the |
15 | improvement of a street, not to exceed one mile in length, |
16 | outside the limits of the borough for the purpose of connecting |
17 | improved streets in the borough with State highways, interstate |
18 | highways and county roads. |
19 | Section 218. Sections 1772, 1773, 1774 and 1775 of the act |
20 | are repealed: |
21 | [Section 1772. Proceedings to Improve Boundary Streets by |
22 | Agreement with Counties and Townships.--Whenever the center line |
23 | of any street constitutes the dividing line between any borough |
24 | and a township located in the same county, the borough may enter |
25 | into a contract with the commissioners of the county and the |
26 | commissioners or supervisors of the township, as the case may |
27 | be, to improve such street. Such improvement shall be |
28 | constructed and subsequent repairs shall be made under the |
29 | supervision of the borough, and in compliance with the plans to |
30 | be agreed upon, in writing, between such borough and the |
|
1 | commissioners of the county and the commissioners or supervisors |
2 | of the township. One-half of the cost of such repairs shall be |
3 | borne by the borough. The borough may assess its share of such |
4 | costs against the owners of property abutting on the borough's |
5 | side of such improvement, in the manner provided in section |
6 | 1761, 1762 and 1763 of this act. |
7 | Section 1773. Streets More Than One-Half the Width of Which |
8 | Are Within the Borough.--Whenever any street, more than one-half |
9 | the width of which is within the limits of any borough, shall |
10 | divide such borough from any other municipality or township, |
11 | such street may be improved by the borough within which the |
12 | greater width is located, in the same manner as if such street |
13 | were entirely located within the limits of said borough. The |
14 | property abutting on the side of such street, which is located |
15 | outside the limits of the borough making such improvements, |
16 | shall, for a depth of one hundred and fifty feet, plus one-half |
17 | the width of such street, from its center line, be assessed for |
18 | any and all municipal improvements to or on the said street in |
19 | the same manner as such property would be assessed under the |
20 | laws of the Commonwealth if it were entirely located within the |
21 | limits of such borough. |
22 | Section 1774. Assessment on Property Outside Limits Where |
23 | Boundary Line Street Entirely Within Borough.--Wherever any |
24 | street, entirely within the limits of any borough, shall divide |
25 | such borough from any other municipality or township, located in |
26 | the same county, the property on the side of the street opposite |
27 | the line of the borough shall, for the depth of one hundred and |
28 | fifty feet, be assessed for municipal improvements on such |
29 | streets on which such property shall abut, in the manner |
30 | provided by this article for assessments by the foot-front rule; |
|
1 | and such improvements may be made, assessed, and collected in |
2 | accordance with the provisions of this article for assessments |
3 | by the foot-front rule. |
4 | Section 1775. Streets Outside Limits; Appropriations to |
5 | Improve Connecting Links.--Any borough may, singly, or jointly |
6 | with any other borough, city, township and/or county, |
7 | appropriate and expend moneys for the improvement of streets |
8 | outside the limits of such borough, for the purpose of |
9 | connecting improved streets in such borough with State highways. |
10 | No such street shall be improved which shall be more than one |
11 | mile in length.] |
12 | Section 219. Article XVII subdivision (i) heading of the act |
13 | is amended to read: |
14 | (i) Acquisition [and/or] or Use of Abutting |
15 | Lands [for Embankments, Slopes, Fills and |
16 | Culverts, or for Unobstructed View] |
17 | Section 220. Section 1781 of the act is repealed: |
18 | [Section 1781. Use of Abutting Lands for Embankments, |
19 | Slopes, Fills, and Culverts.--In the improvement of any street |
20 | or portion thereof, any borough may use as much of the land |
21 | abutting on the same for the construction of embankments, |
22 | slopes, fills and culverts, as may be necessary and proper for |
23 | the completion of the improvement; and the assessment of |
24 | damages, costs, and expenses, resulting thereby, shall be |
25 | regarded as other assessments of damages, costs, and expenses, |
26 | caused by the improvement of streets, in said borough, and shall |
27 | be assessed and paid, as is provided by the law governing |
28 | eminent domain.] |
29 | Section 221. Section 1782 of the act is amended to read: |
30 | Section 1782. Acquisition of Property for Unobstructed |
|
1 | View.--(a) Any borough may, singly or jointly with another |
2 | [borough, city, county or township] municipality, acquire, by |
3 | purchase or by the right of eminent domain, a free and |
4 | unobstructed view down and across [such] lands located at or |
5 | near the intersection of any two streets or highways or a street |
6 | or highway and a railroad or railway or at a curve in any street |
7 | or highway as may be necessary to assure a free and unobstructed |
8 | view in all directions at such crossings, and to so prevent the |
9 | use of [such] the lands for any purpose or in any manner which |
10 | may interfere with or obstruct the view of persons traveling |
11 | upon any such street or highway. |
12 | [Upon any such] (b) After condemnation, the borough [having |
13 | had such view condemned] may, from time to time, abate or remove |
14 | or cause to be abated or removed any obstruction to the view |
15 | over and across [such] the lands except poles used in furnishing |
16 | [telephone, telegraph or electric] service to the public. |
17 | (c) The proceedings for the condemnation of [such] the view |
18 | over and across [such] lands and for the assessment of damages |
19 | for property taken, injured or destroyed, or the portion thereof |
20 | agreed to be paid by the borough if the taking is jointly with |
21 | another [borough, city, county or township] municipality, shall |
22 | be taken in the manner provided in the law governing eminent |
23 | domain. |
24 | (d) Upon the purchase or condemnation of a view, the owner |
25 | of [such] the lands may make every [such use thereof] use of the |
26 | lands as will not interfere with a free and unobstructed view at |
27 | the dangerous crossing or curve [and, unless specially provided |
28 | for in such purchase or condemnation proceedings, such purchase |
29 | or condemnation shall be constructed to prevent the owner |
30 | thereof from using the land for pasture or the growing of grass, |
|
1 | oats, wheat or other crops which will not obstruct the vision |
2 | more than wheat]. |
3 | Section 222. Article XVIII heading of the act is reenacted |
4 | to read: |
5 | ARTICLE XVIII |
6 | SIDEWALKS |
7 | Section 223. Sections 1801 and 1802 of the act are amended |
8 | to read: |
9 | Section 1801. Power to Lay Out[, Ordain] and Establish |
10 | Sidewalks and to Compel the Construction Thereof.--Any borough |
11 | may, by ordinance, lay out[, ordain] and establish sidewalks, |
12 | curbs, gutters and surface water drains along any street, and, |
13 | with the consent of the Secretary of [Highways] Transportation |
14 | of the Commonwealth, along any State highway, and may, with or |
15 | without petition, require owners of property abutting on any |
16 | street or State highway to grade, construct, drain, pave and |
17 | repave the sidewalk, curb or gutter and keep [the same] them in |
18 | repair, and in safe and usable condition along [such] the |
19 | property, at such grades and under such regulations and |
20 | specifications as council may prescribe[: Provided, That the]. |
21 | The word "sidewalk" as used in this article, shall mean and |
22 | include the portion of a street located outside the cartway, and |
23 | may include paved footway, unpaved grassplot, curb and gutter. |
24 | Section 1802. Sidewalks on Land Abutting State Highways and |
25 | Along Roads Outside Borough.--Any borough may [ordain and], by |
26 | ordinance, lay out sidewalks, gutters, [and/or] and surface |
27 | water drains upon land abutting the sides of State highways, and |
28 | upon land abutting the sides of public roads, where such roads |
29 | are outside the borough limits, but the land upon which [such] |
30 | the sidewalks, gutters [and/or] and surface water drains are to |
|
1 | be laid out is within the borough limits. |
2 | Section 224. Sections 1803 and 1804 of the act are reenacted |
3 | to read: |
4 | Section 1803. Establishment of Grades.--Any borough may |
5 | establish a grade or grades for sidewalks, which grade or grades |
6 | may be separate and apart from the grade or grades established |
7 | for the cartway or roadway. |
8 | Section 1804. Boroughs May Pay All or Part of Cost of |
9 | Grading and Curbing.--The borough may pay all or any part of the |
10 | cost and expenses of grading and curbing any sidewalk. |
11 | Section 225. Section 1805 of the act is amended to read: |
12 | Section 1805. Borough May Do Work; Collection of Cost.--Upon |
13 | the [neglect] failure of any property owner to comply with any |
14 | of the requirements provided in the preceding sections of this |
15 | article, the borough may, after notice, cause the grading, |
16 | paving, repairing, curbing, [and/or] and guttering to be done at |
17 | the cost of [such] the owner, and may collect the cost [thereof] |
18 | of the work and ten percent additional, together with all |
19 | charges and expenses, from [such] the owner, and may file a |
20 | municipal claim [therefor] for the amounts or collect the [same] |
21 | amounts by action in assumpsit. |
22 | All [such] notices shall be served upon the owner of the |
23 | premises to which the notice refers, if [such] the owner is a |
24 | resident of the borough. If the owner is not a resident, then |
25 | the notice may be served upon the agent or tenant of the owner, |
26 | or upon the occupant of [such] the premises[, after such |
27 | premises, if]. If the owner has no agent or tenant or there is |
28 | no occupier of [such] the premises, then service shall be by |
29 | notice posted upon the premises. The notice required by this |
30 | section shall specify a period of time of not less than thirty |
|
1 | days for the owner to complete the specified work. If the work |
2 | has not been completed after the specified time has elapsed, the |
3 | owner shall be deemed to have failed to comply. |
4 | Section 226. Section 1806 of the act, amended December 21, |
5 | 1988 (P.L.1413, No.171), is amended to read: |
6 | Section 1806. Emergency Repairs to Sidewalks.--In addition |
7 | to the remedies now vested in boroughs to make repairs to |
8 | sidewalks, any borough shall have power to make emergency |
9 | repairs to any sidewalks [thereon, where, in the opinion of the |
10 | officer or head of the department or committee lawfully having |
11 | charge of sidewalk repairs, a dangerous condition exists that |
12 | can be repaired by an expenditure of not more than five hundred |
13 | dollars ($500)] within the borough if an inspection of the |
14 | sidewalk discloses that, and a certificate made by the officer |
15 | or head of the department or committee lawfully having charge of |
16 | sidewalk repairs specifies that, a dangerous condition exists |
17 | that can be repaired by an expenditure of not more than one |
18 | thousand dollars ($1,000). Before [any such] repairs are made, a |
19 | notice to make the repairs within forty-eight hours shall be |
20 | served upon the owner of the [said] property. If the owner |
21 | cannot be served within the county, notice may be served upon |
22 | the agent of the owner or the party in possession, or if there |
23 | is no agent or party in possession, the notice may be served by |
24 | posting the same upon [such] the premises. |
25 | Upon the completion of the work, the cost [thereof] shall be |
26 | a charge against the owner of the property, and shall be a lien, |
27 | until paid, upon the abutting property, provided a claim is |
28 | filed [therefor] in accordance with the law providing for the |
29 | filing and collection of municipal claims. [Any such] The charge |
30 | may also be collected by action of assumpsit. This section is |
|
1 | intended to provide an additional remedy for boroughs in |
2 | connection with emergency repairs, where the actual cost of |
3 | doing the work does not exceed [five hundred dollars ($500)] one |
4 | thousand dollars ($1,000), and the certificate of the officer or |
5 | head of the department or committee in charge of repairs to |
6 | sidewalks shall be conclusive evidence of the existence of the |
7 | emergency justifying the repair under the terms of this section. |
8 | Section 227. Article XIX heading of the act is reenacted to |
9 | read: |
10 | ARTICLE XIX |
11 | BRIDGES, VIADUCTS AND UNDERGROUND |
12 | PASSAGEWAYS |
13 | Section 228. Sections 1901, 1902, 1903, 1904 and 1905 of the |
14 | act are amended to read: |
15 | Section 1901. Construction or Acquisition and Maintenance of |
16 | Bridges and Viaducts.--Any borough may locate and build, or |
17 | acquire by purchase, condemnation or otherwise, any bridge or |
18 | viaduct and the piers, approaches and abutments therefor, to be |
19 | used and thereafter improved and maintained as a street, over |
20 | any river, creek, stream, railroad or public or private property |
21 | or over and across a combination of any of them, whether [such] |
22 | the bridge or viaduct shall be wholly or partly within[, or |
23 | partly within and partly without] the borough limits. The |
24 | proceedings for laying out and opening [any such] a bridge or |
25 | viaduct shall be the same as provided by this act for the laying |
26 | out and opening of streets, and [any such] the bridge or viaduct |
27 | or portion [thereof] of the bridge or viaduct may thereafter be |
28 | vacated under the same procedure as provided in this act for the |
29 | relocation or vacation of streets or portions thereof. |
30 | Section 1902. Right to Appropriate Property; Assessment of |
|
1 | Damages.--In any case where the borough shall not have agreed |
2 | with the owner or owners for damages done, or likely to be done, |
3 | by the erection of [any such] a bridge or viaduct, the borough |
4 | may take and appropriate the land and property necessary, over |
5 | and across which to erect [such] the bridge or viaduct and the |
6 | damages caused by [such] the taking and appropriation shall be |
7 | assessed according to the law governing eminent domain. |
8 | Section 1903. Boundary Bridges.--Whenever a bridge or |
9 | viaduct shall cross the boundary line of a borough and another |
10 | municipality [or township], the borough may [unite] enter into |
11 | an intergovernmental cooperation agreement in accordance with 53 |
12 | Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental |
13 | cooperation) with [such] the municipality [or township] in the |
14 | construction and maintenance of [such] the bridge, and shall |
15 | [pay an equal share of the expenses incident thereto] apportion |
16 | the costs as per the intergovernmental agreement. |
17 | Section 1904. Contracts With Railroads and Other Companies |
18 | and With Counties.--The borough may also enter into a contract |
19 | with the county commissioners, and also with railroads, street |
20 | railways, and other companies, or parties interested, for the |
21 | building and maintenance of [such] bridges or viaducts, and for |
22 | the payment of any damages caused by the location or erection |
23 | thereof. [Such] The contracts may stipulate that the borough, |
24 | county, railroad company, street railway, or other company or |
25 | party interested, shall pay a certain part of the contract price |
26 | of the work, including damages; or may stipulate that each shall |
27 | construct a certain portion of the work, and may provide |
28 | otherwise for the payment of damages. |
29 | When any railroad company, street railway, or other company |
30 | or party interested, shall agree to pay a certain portion of the |
|
1 | cost of [such] the work, it shall pay the same into the borough |
2 | treasury; and the borough treasurer shall pay the same over to |
3 | the contractor, as may be provided in the contract; but the |
4 | amount to be paid by the county shall be paid directly to the |
5 | contractor. The agreement may provide for the maintenance of the |
6 | bridges and viaducts after their erection. Nothing [herein |
7 | contained] in this section shall authorize any borough to |
8 | contract with a county for the maintenance of any bridge or |
9 | viaduct which does not cross a place over which the county is |
10 | authorized to build bridges; but [such] the bridge or viaduct |
11 | shall be maintained as a borough structure, and the borough may |
12 | contract with any party interested, except the county, for the |
13 | maintenance of the [same.] bridge or viaduct. Nothing in this |
14 | section shall affect the powers or duties of the Public Utility |
15 | Commission to the extent otherwise provided by law. |
16 | Section 1905. Overhead and Underground Passageways.-- |
17 | Whenever the comfort and safety of the residents of any borough |
18 | and any adjoining municipality [or township] be enhanced by any |
19 | overhead or underground passageway connecting with adjoining |
20 | streets in either borough or municipality [or township], and |
21 | extending to any plant or place of business where residents of |
22 | [such] the borough are employed, [such] the borough may jointly |
23 | with each adjoining municipality [or township], construct and |
24 | maintain any [such] passageway or they may join with other |
25 | interests in the construction and maintenance [thereof] of the |
26 | passageway. |
27 | Section 229. Article XX heading of the act is reenacted to |
28 | read: |
29 | ARTICLE XX |
30 | SANITARY SEWERS |
|
1 | Section 230. Article XX subdivision (a) heading and sections |
2 | 2001 and 2002 of the act are amended to read: |
3 | (a) Laying Out, [Ordaining and] Construction |
4 | and Operation of Sanitary Sewers and Construction |
5 | of Sewage Treatment Works |
6 | Section 2001. Power to Lay Out[, Ordain] and Construct.-- |
7 | [Boroughs, with the consent and permit of the Sanitary Water |
8 | Board, and of the Water and Power Resources Board, where |
9 | requested,] (a) (1) Upon enactment of an ordinance, boroughs |
10 | may lay out[, ordain] and construct sanitary sewers and branches |
11 | of sanitary sewers in streets and on public or private property, |
12 | and may construct sewage treatment works on land owned or |
13 | acquired for such purposes[, and]. Boroughs may pay the costs |
14 | and expenses [thereof] of sanitary sewer systems and treatment |
15 | works out of borough funds, or may assess the costs and expenses |
16 | [of sanitary sewers as herein provided] pursuant to Article XXI- |
17 | A. |
18 | (2) Boroughs may determine the location and the manner in |
19 | which sanitary sewer systems shall be constructed. Sanitary |
20 | sewers laid and constructed in streets may be located in the |
21 | center of the street or [on either side of the cartway] in the |
22 | right-of-way or [of] the curb lines [thereof] of the street in |
23 | any street and may be for the service and use of properties on |
24 | both sides of the street or on only one side of the street in |
25 | which they are laid, as directed by the borough council[, and |
26 | the costs and expenses of such sanitary sewers may be assessed |
27 | against properties benefited, accommodated or improved thereby |
28 | regardless of the property line location, and regardless of |
29 | whether any portion of a property so benefited, accommodated or |
30 | improved shall physically abut upon such sanitary sewer. The |
|
1 | term "sanitary sewer,"]. Boroughs shall have the authority to |
2 | lay out and construct sanitary sewers in any street, any portion |
3 | of which is within the limits of the borough, and which forms a |
4 | portion of the boundary dividing the borough from any other |
5 | municipal corporation within the same county, in the same manner |
6 | and to the same extent as if the whole of the street was within |
7 | the limits of the borough. |
8 | (3) Whenever any borough is maintaining and operating a |
9 | sanitary sewer system and sewage treatment works, it shall be |
10 | lawful for the borough to supply sewerage service to |
11 | municipalities, persons and corporations outside the limits of |
12 | the borough and to enter into contracts for service at rates not |
13 | less than those required to be paid by persons and corporations |
14 | within the limits of the borough. This privilege shall not |
15 | conflict with the rights of any sewer company or the rights of |
16 | any other borough. |
17 | (b) (1) If required by other law, a borough shall obtain |
18 | the consent and permit of the Department of Environmental |
19 | Protection, or other Federal, State or county entity, including |
20 | the Pennsylvania Turnpike Commission, for the laying out and |
21 | construction of a sanitary sewer and treatment works. |
22 | (2) Where construction beyond the limits of the borough is |
23 | entirely within the limits of a State or county highway or the |
24 | turnpike, a sanitary sewer may be constructed in or under the |
25 | State or county highway, or turnpike, provided that written |
26 | notice is given to the Department of Transportation, county |
27 | commissioners or Pennsylvania Turnpike Commission, respectively, |
28 | and its consent obtained before construction is commenced. |
29 | Permission shall not be unreasonably withheld. |
30 | (c) Borough council may by ordinance make regulations |
|
1 | respecting the use and maintenance of the sanitary sewer system |
2 | and treatment works. The regulations may: |
3 | (1) specify materials and substances which may or may not |
4 | enter the public sewer or sewer system; |
5 | (2) require that certain types or classes of waste be |
6 | subjected to treatment or to grinding or other reduction in size |
7 | before entering into the sewer; |
8 | (3) restrict the quantity of waste material that may enter a |
9 | sanitary sewer from any premises within any time interval; and |
10 | (4) require that property owners provide means other than |
11 | the public sanitary sewers for disposal of storm, surface and |
12 | roof water originating or accumulating upon their property. |
13 | Violations of the ordinance may be enforced by penalties. |
14 | (d) (1) "Sanitary sewer" or "sanitary sewer system," as |
15 | used in this article, shall mean [and include] a sewer or sewers |
16 | used for receiving and collecting sewage matter and liquid waste |
17 | from the inside of buildings and structures[, and, in those |
18 | boroughs where there shall be what is known as "combined |
19 | sewers," receiving, in addition to such]. Storm water shall not |
20 | be permitted to enter into a sanitary sewer. A sanitary sewer or |
21 | sanitary sewer system shall not include a combined sewer. |
22 | (2) "Combined sewer" shall mean a sewer used for the |
23 | receiving and collecting of sewage and liquid waste from the |
24 | inside of buildings and structures, storm water, roof or surface |
25 | drainage [or any of them, the term "sanitary sewer," as used in |
26 | this article, shall include such combined sewers], sump pump |
27 | discharge and draining from foundation drains. |
28 | (3) "Sewer system," as opposed to a "sanitary sewer system," |
29 | shall be either a sanitary sewer or a combined sewer and shall |
30 | include pump stations and force mains. |
|
1 | Section 2002. [Assessment According to Benefits.--Where a |
2 | borough constructs sanitary sewers and desires to assess the |
3 | costs and expenses upon property benefited, whether or not such |
4 | property abuts upon such sewer, then on petition, viewers shall |
5 | be appointed, as provided in article XV of this act, who shall |
6 | assess the damages, costs, and expenses of the sanitary sewer |
7 | upon the property benefited, accommodated or improved according |
8 | to benefits, if sufficient can be found, but if not, then the |
9 | deficiency when finally ascertained shall be paid by the |
10 | borough. The proceedings of the viewers and the proceedings of |
11 | their report shall be as provided in article XV of this act.] |
12 | Assessments.--Assessments, whether based according to benefits |
13 | conferred or by the front foot basis, and assessment awards, if |
14 | any, shall be calculated pursuant to Article XXI-A. |
15 | Section 231. Sections 2003, 2004 and 2005 of the act are |
16 | repealed: |
17 | [Section 2003. Assessment by Foot-front Rule.--Where a |
18 | borough constructs sanitary sewers and desires to assess the |
19 | costs and expenses thereof by the foot-front rule, it may by |
20 | ordinance provide that the expenses shall be assessed against |
21 | the property benefited, improved or accommodated by any sanitary |
22 | sewer, whether or not such property abuts upon such sewer, by |
23 | the foot-front rule and may provide for equitable assessments |
24 | and/or adjustments when special conditions exist where an |
25 | assessment for the full frontage would be unjust. The secretary |
26 | of the borough shall cause thirty days' notice of the assessment |
27 | to be given to each party assessed, either by service on the |
28 | owner or his agent, or left on the assessed premises. |
29 | Section 2004. Places and Manner of Construction.--The |
30 | borough shall fix the places along, where such sanitary sewer |
|
1 | and branches thereof, shall be laid down, and shall prescribe |
2 | the manner in which they shall be constructed. |
3 | Section 2005. Permit from Sanitary Water Board.--No contract |
4 | for the construction of any sewer system or treatment works |
5 | shall be entered into until a permit for the construction of the |
6 | same shall have been obtained from the Sanitary Water Board.] |
7 | Section 232. Section 2006 of the act, amended October 9, |
8 | 1967 (P.L.399, No.181), is repealed: |
9 | [Section 2006. Assessments of Cost.--Whenever any borough |
10 | shall construct any sanitary sewer and assess the cost thereof |
11 | by the foot-front rule, the assessment, duly certified under the |
12 | seal of the borough, attested by the president of council and |
13 | secretary, shall be collectible from the owner of property |
14 | benefited, improved or accommodated thereby. |
15 | Such certificate of assessment shall be prima facie evidence, |
16 | in any suit for the recovery of same, of the correctness and |
17 | validity of such assessment. |
18 | The assessment herein referred to shall be computed under the |
19 | terms of the ordinance, but the individual assessments need not |
20 | be expressed therein.] |
21 | Section 233. Sections 2007 and 2008 of the act are repealed: |
22 | [Section 2007. Collections of Assessments.--If the owners of |
23 | property against which a foot-front assessment has been made |
24 | shall refuse to pay such assessment within thirty days after |
25 | notice of the same, it shall be the duty of the borough |
26 | solicitor to collect the same, with interest from the time of |
27 | completion of the improvement, by action of assumpsit, or by |
28 | lien to be filed and collected in the same manner as municipal |
29 | claims. When an owner has two or more lots against which there |
30 | is an assessment for the same improvement, all of such lots may |
|
1 | be embraced in one claim. |
2 | Section 2008. Regulations of Borough.--The borough may |
3 | enforce by penalties, such regulations as it may ordain with |
4 | reference to the use and maintenance of such sanitary sewerage |
5 | system and treatment works.] |
6 | Section 234. Sections 2009 and 2010 of the act are amended |
7 | to read: |
8 | Section 2009. Extensions Beyond Borough Limits; Eminent |
9 | Domain.--The borough may extend the necessary sewer mains, pipes |
10 | and outlets beyond the limits of [such] the borough, to a point |
11 | where [such] the sewage is to be disposed[;] or collected and |
12 | received and shall have power to enter upon and condemn [such |
13 | lands, property and materials] land for the construction of all |
14 | [such] sewer mains, outlets, and treatment works as may be |
15 | necessary for the disposal or the collection of [such] the |
16 | sewage provided that the extension is in conformity with 26 |
17 | Pa.C.S. § 206 (relating to extraterritorial takings) and any |
18 | other applicable requirement of 26 Pa.C.S. (relating to eminent |
19 | domain). |
20 | Section 2010. Notice of Certain Ordinances.--No ordinance |
21 | for any construction of sewers or treatment works beyond the |
22 | limits of the borough, shall be [adopted] enacted until notice |
23 | [thereof] of the ordinance has been given, by publication of the |
24 | proposed ordinance, once a week for four weeks in one newspaper |
25 | [of general circulation in the borough], and also by serving |
26 | copies of [such] the proposed ordinance upon all land owners |
27 | through whose land [such] the sewer is to pass, or on whose |
28 | lands any treatment works are to be located, at least ten days |
29 | before [final action thereon. But no notice, as herein provided, |
30 | shall be required where such construction beyond the limits of a |
|
1 | borough is entirely within the limits of any street or State |
2 | highway. In such cases a written notice shall be given to the |
3 | corporate authorities of the municipality or township having |
4 | jurisdiction over such street and consent of the State |
5 | Department of Highways shall be obtained in the case of any |
6 | State highway, before construction is commenced] the enactment |
7 | of the ordinance. |
8 | Section 235. Section 2011 of the act is repealed: |
9 | [Section 2011. Security for Damages; Assessments.--Before |
10 | entry shall be made upon private property without the owner's |
11 | consent, for the purpose of laying any sewer or constructing any |
12 | treatment works, security for all damages which may be done |
13 | shall first be given to such owner in such form and in such |
14 | amount as the court of common pleas of the county may direct. |
15 | All damages caused by the construction of any such sewer or |
16 | works, or by the taking of lands and materials, shall be |
17 | ascertained in the manner provided in the law governing eminent |
18 | domain for property taken, injured, or destroyed, and shall be |
19 | paid out of the borough treasury.] |
20 | Section 236. Sections 2012 and 2013 of the act are amended |
21 | to read: |
22 | Section 2012. Unlawful to Build Within Right-of-Way of |
23 | Sanitary Sewers.--It shall be unlawful for any person to erect |
24 | any building or make any improvement, within the right-of-way of |
25 | any sanitary sewer laid out [or ordained to be laid out], after |
26 | due notice [thereof;] of the laying out of the sanitary sewer, |
27 | and, if any [such] erection or improvement shall be made, no |
28 | allowance shall be had [therefor] for the building or |
29 | improvement in the assessment of damages. |
30 | Section 2013. Opening Sanitary Sewers.--(a) If any borough |
|
1 | shall lay out [or ordain] any sanitary sewer, over or under |
2 | private property, located in whole or in part within the limits |
3 | of [such] the borough, and proceedings to open the same and to |
4 | assess the damage arising therefrom shall not be proceeded with |
5 | by the borough, within two years from the enactment of the |
6 | ordinance, the whole proceeding shall be void. |
7 | (b) If any borough has laid out a sanitary sewer without the |
8 | enactment of an ordinance prior to the effective date of this |
9 | subsection and shall have not opened the same, the proceedings |
10 | shall not be deemed to be void but the borough shall have two |
11 | years from the effective date of this subsection to open the |
12 | sanitary sewer or the whole proceeding shall be void. |
13 | Section 237. Article XX subdivision (b) heading and section |
14 | 2021 of the act are amended to read: |
15 | (b) Joint Sanitary Sewers |
16 | Section 2021. [Building Joint Sewers.--(a) Boroughs may |
17 | jointly with other cities, boroughs or townships build and |
18 | construct sanitary sewers, including trunk line sewers or drains |
19 | and sewage treatment works, and may connect into such system |
20 | existing sanitary sewers, and may assess their respective |
21 | portions of the cost thereof, or so much thereof as may be |
22 | legally assessable, upon property benefited, improved, or |
23 | accommodated by the improvement, either by viewers or by the |
24 | foot-front rule as provided in this article. Any portion of the |
25 | cost of such improvement not assessed or not assessable shall be |
26 | paid by the respective cities, boroughs, and townships joining, |
27 | as may be agreed upon.] Joint Sanitary Sewer Systems.--(a) |
28 | Pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to |
29 | intergovernmental cooperation), boroughs may contract with other |
30 | municipal corporations providing for the joint construction or |
|
1 | maintenance of sanitary sewer systems and for the joint |
2 | construction onto existing sanitary sewer systems. The agreement |
3 | shall provide for the apportionment of costs among the municipal |
4 | corporations. The borough council may assess the borough's |
5 | respective portion of the costs, as may be legally assessable, |
6 | upon property benefited by the facilities pursuant to Article |
7 | XXI-A. Any portion of the cost not assessed or assessable shall |
8 | be paid by the respective municipal corporations under the |
9 | agreement. |
10 | (b) The [boroughs, cities and townships] municipal |
11 | corporations joining or contemplating joining in any [such] |
12 | improvement, in order to facilitate the building of the [same] |
13 | sanitary sewer system and in securing preliminary surveys and |
14 | estimates, may by ordinance provide for the appointment of a |
15 | joint sanitary sewer board composed of one representative from |
16 | each of the [boroughs, cities, and townships] municipal |
17 | corporations joining which shall act generally as the advisory |
18 | and administrative agency in the construction of [such] the |
19 | improvement[,] and its subsequent operation and maintenance. |
20 | [The members of such] Members of the joint sanitary sewer board |
21 | shall serve for terms of six years each from the dates of their |
22 | respective appointments and until their successors are |
23 | appointed. The joint sanitary sewer board shall organize by the |
24 | election of a [chairman] chair, secretary, and treasurer. The |
25 | secretary and treasurer may be the same person. The [several |
26 | boroughs, cities, and townships] municipal corporations may in |
27 | the ordinances creating the joint sanitary sewer board, |
28 | authorize the board to appoint an engineer, a solicitor, and |
29 | [such] other assistants as are deemed necessary, and agree to |
30 | the share of the compensation of [such] those persons each |
|
1 | [borough, city, and township,] municipal corporation is to pay. |
2 | The members of the joint sanitary sewer board shall receive |
3 | [such] compensation for attending board meetings [of the board] |
4 | as [shall be fixed] established in the budget[,] that is |
5 | prepared by the joint sanitary sewer board [for submission to, |
6 | and adoption by, the several boroughs, cities, and townships, as |
7 | hereinafter provided,] and submitted to and adopted by the |
8 | municipal corporations. The members shall be entitled to actual |
9 | expenses to be paid by the respective [boroughs, cities and |
10 | townships which such] municipal corporations the members |
11 | represent. |
12 | (c) The joint sanitary sewer board [shall have powers to] |
13 | may adopt rules and regulations to govern its proceedings, and |
14 | shall prepare and suggest any practical measures and plans by |
15 | which the joint improvement may be carried to successful |
16 | completion[;] and plan the future development of the system, so |
17 | as to conform to a general plan. It [shall have power to] may |
18 | prepare a joint agreement or agreements for submission to and |
19 | adoption by the [several boroughs, cities and townships] |
20 | municipal corporations defining the advisory and administrative |
21 | powers of the joint sanitary sewer board[;] and setting forth |
22 | the consents of the [several boroughs, cities and townships] |
23 | municipal corporations to the proposed improvement; the manner |
24 | in which preliminary and final plans, specifications and |
25 | estimates for the proposed improvement shall be prepared and |
26 | adopted; how proposals for bids shall be advertised and |
27 | contracts let; the manner in which the costs of the improvement |
28 | and other incidental and preliminary expenses in connection |
29 | [therewith] with the improvement, and the future cost of |
30 | operation and maintenance shall be equitably shared, apportioned |
|
1 | and paid; and all [such] other matters, including the |
2 | preparation and submission of annual and other budgets, as may |
3 | be deemed necessary or required by law[, to carry] to complete |
4 | the proposed improvement [to completion] and to assure future |
5 | maintenance and operation thereof. [But nothing herein contained |
6 | shall authorize the board to make any improvement or expend any |
7 | public moneys which has not first been authorized by all the |
8 | boroughs, cities and townships] The board may not make any |
9 | improvement or spend any public moneys which have not first been |
10 | authorized by all of the municipal corporations proceeding with |
11 | the improvement. |
12 | (d) [In any case where it shall be] When it is necessary to |
13 | acquire, appropriate, injure, or destroy private property[, |
14 | lands, property, or material] to build [any such] a joint |
15 | sanitary sewer system or improvement[,] and the [same] property |
16 | cannot be acquired by purchase or gift, the right of eminent |
17 | domain shall vest in the [borough, city, or township] municipal |
18 | corporation where [such] the property is located. [In any case |
19 | where it shall be] When it is necessary to acquire, injure, or |
20 | destroy property in any territory not within the limits of any |
21 | of the [boroughs, cities, or townships] municipal corporations |
22 | joining in the improvement, then the right of eminent domain |
23 | shall be vested in [any borough, city, or township] the |
24 | municipal corporation adjacent to [such] the territory where |
25 | [such] the property is located subject to 26 Pa.C.S. § 206 |
26 | (relating to extraterritorial takings). Damages for any property |
27 | taken, injured, or destroyed shall be assessed [as provided by |
28 | the general laws relating to the boroughs, cities and townships] |
29 | under laws relating to the municipal corporation exercising the |
30 | right of eminent domain[;] and shall be paid by the [several |
|
1 | boroughs, cities and townships] municipal corporations |
2 | joining[,] in the same proportion as other costs of the |
3 | [improvement] improvements. |
4 | (e) Each of the boroughs joining in [any such] the |
5 | improvement shall have power to incur or increase its |
6 | indebtedness, not exceeding the constitutional limits, for the |
7 | purpose of paying its share or portion of the cost of [such] the |
8 | improvement in the manner now provided by law for the incurring |
9 | of indebtedness. |
10 | Section 238. Section 2022 of the act is repealed: |
11 | [Section 2022. Approval of Sanitary Water Board.--No such |
12 | sewer or sewage treatment plant shall be constructed until plans |
13 | and specifications have been submitted to the Sanitary Water |
14 | Board, and approved in accordance with provisions of existing |
15 | laws.] |
16 | Section 239. Sections 2023, 2024 and 2025 of the act are |
17 | amended to read: |
18 | Section 2023. Connections with Sanitary Sewers of Adjacent |
19 | Municipalities.--Any borough may connect with an existing |
20 | sanitary sewer, owned by any adjacent municipality [or |
21 | township,] for sewerage purposes[,] in the manner prescribed in |
22 | [the following sections of this subdivision of this article] |
23 | sections 2024, 2025 and 2026. |
24 | Section 2024. Applications to Court.--Whenever any borough |
25 | shall desire to connect with the existing sanitary sewer of any |
26 | adjacent municipality [or township,] and no agreement, either |
27 | upon the basis of a rental payment for the use of an existing |
28 | sanitary sewer or a division of the cost of the construction or |
29 | maintenance [thereof] of the sanitary sewer, has been reached |
30 | between [such] the borough and the adjacent municipality [or |
|
1 | township], an application shall be made by council to the court |
2 | of [quarter sessions] common pleas of the county where the |
3 | proposed connection is to be located, setting forth that fact. |
4 | Section 2025. Appointment of Viewers.--If the court shall be |
5 | of the opinion that [such] the connection can be made without |
6 | impairing the usefulness of the existing sanitary sewer, it |
7 | shall appoint three viewers, who shall view the premises and |
8 | investigate the facts of the case, and shall assess the |
9 | proportionate part of the expense of building the original |
10 | sanitary sewer upon [such] the borough, and shall fix the |
11 | proportion of the expense for repairs which each municipality |
12 | [or township] shall thereafter bear, and determine all other |
13 | questions liable to arise in connection [therewith] with the |
14 | sanitary sewer. |
15 | Section 240. Section 2026 of the act, repealed in part June |
16 | 3, 1971 (P.L.118, No.6), is amended to read: |
17 | Section 2026. Report of Viewers; Appeals to Court.--The |
18 | viewers shall report to the court the result of their |
19 | investigation, which report shall be confirmed within thirty |
20 | days unless exceptions [thereto be] are filed. After |
21 | confirmation of [such] the report, or the disposal of any |
22 | exceptions, any party interested may appeal from the decision of |
23 | the court of [quarter sessions] common pleas. |
24 | Section 241. Article XX subdivision (c) heading and sections |
25 | 2031 and 2032 of the act are repealed: |
26 | [(c) Power to Supply Sewerage Service Outside Borough Limits |
27 | Section 2031. Power to Supply Service.--Whenever any borough |
28 | is maintaining and operating a sewerage system and sewage |
29 | purification or treatment works, it shall be lawful for such |
30 | borough to supply sewerage service to municipalities, townships, |
|
1 | persons and corporations, outside the limits of such borough, |
2 | and to enter into contracts for such service, at rates not less |
3 | than those required to be paid by persons and corporations |
4 | within the limits of such borough; but no such privilege shall |
5 | conflict with the rights of any sewer company, or the rights of |
6 | any other borough. |
7 | Section 2032. Power to Extend Lines and Condemn Property.-- |
8 | For the purpose of supplying such sewerage facilities, any such |
9 | borough may extend the necessary sewer mains and pipes beyond |
10 | the limits of such borough, to the points where such sewage is |
11 | to be collected and received, and shall have the power to enter |
12 | upon and condemn such lands, property and materials for the |
13 | construction of such sewer mains, and pipes, as may be necessary |
14 | to the furnishing of such sewerage service.] |
15 | Section 243. Article XX subdivision (d) heading of the act |
16 | is amended to read: |
17 | (d) Acquisition of [Sewer] Community Collection |
18 | or Disposal Systems |
19 | Section 244. Section 2041 of the act is repealed: |
20 | [Section 2041. Power to Acquire Sewer Systems.--Any borough, |
21 | in which any person or persons, firm, or corporation are |
22 | maintaining sewers and culverts, with the necessary inlets and |
23 | appliances for surface, under surface and sewage drainage, or in |
24 | which any person or persons, firm or corporation are maintaining |
25 | a community sewage collection or disposal system as defined in |
26 | section 2043 of this act, may become the owner of such sewers, |
27 | culverts, inlets and appliances, or the owner of such community |
28 | collection or disposal system, by purchase or by the exercise of |
29 | the power of eminent domain, or by gift from the owner or owners |
30 | thereof.] |
|
1 | Section 245. The act is amended by adding a section to read: |
2 | Section 2041.1. Power to Acquire Community Collection or |
3 | Disposal Systems.--(a) A borough may, by ordinance, acquire |
4 | ownership of a community sewage collection or disposal system as |
5 | defined in section 2043 by purchase or by the exercise of |
6 | eminent domain pursuant to 26 Pa.C.S. (relating to eminent |
7 | domain), or by gift from the owner or owners. |
8 | (b) In eminent domain proceedings, the viewers shall assess |
9 | the costs and expenses of the community sewage collection or |
10 | disposal system acquired by the borough upon the property or |
11 | properties benefited according to benefits. Any deficiency that |
12 | is not assessed upon the benefited property or properties shall |
13 | be paid by the borough. |
14 | Section 246. Section 2042 of the act is repealed: |
15 | [Section 2042. Assessment of Damages.--In case of |
16 | disagreement, the amount to be paid shall be ascertained in the |
17 | manner provided in the law governing eminent domain. In the same |
18 | proceeding, the viewers shall assess the costs and expenses of |
19 | the sewer, culverts, inlets and appliances, or of the sewer |
20 | collection, or disposal system, acquired by the borough, upon |
21 | the property benefited, according to benefits, if sufficient can |
22 | be found; but, if not, then the deficiency when ascertained |
23 | shall be paid by the borough.] |
24 | Section 247. Section 2043 of the act is amended to read: |
25 | Section 2043. Community Sewage Collection or Disposal |
26 | Systems.--(a) For the purpose of this subdivision, a community |
27 | sewage collection or disposal system is all or part of a device |
28 | or devices installed on any privately or publicly owned parcel |
29 | of land, intended to treat or dispose of the sewage or |
30 | equivalent volume of domestic sewage from two or more |
|
1 | residences, buildings or occupied parcels of land, or any system |
2 | of piping used in collection and conveyance of sewage on private |
3 | or public property. |
4 | (b) After a community sewage collection or disposal system |
5 | has been acquired under the provisions of this subdivision by |
6 | the borough, the council shall have the power to enlarge [such] |
7 | the system if it deems it advisable. In such cases, the cost and |
8 | expenses of [such] the enlargement may be distributed or |
9 | assessed in the same manner as if the enlargement was a regular |
10 | sewer constructed by the borough under other provisions of this |
11 | act. |
12 | (c) Whenever a community sewage collection or disposal |
13 | system is [or shall have been] established or constructed within |
14 | a borough by a private owner or owners, and the borough council |
15 | is thereafter empowered by ordinance to acquire the ownership of |
16 | the sewage disposal system so established, or when [any such] |
17 | the system has been enlarged by the borough, [such] the |
18 | acquisition and ownership shall be subject to the following |
19 | provisions of this subsection: |
20 | (1) When the person or persons having established or |
21 | constructed a community sewage collection or disposal system, or |
22 | when more than one-half the number of the owners of properties |
23 | which are connected with, have a right to use and are using a |
24 | community collection or disposal system, enter into an agreement |
25 | with the borough for the acquisition of the system by the |
26 | borough, [such] the agreement shall be considered a valid |
27 | agreement by the owners of the sewage collection or disposal |
28 | system and a transfer of ownership to the borough. |
29 | (2) The borough shall operate and maintain any sewage |
30 | collection or disposal system acquired and any enlargement or |
|
1 | addition thereto for the use of persons having acquired from the |
2 | borough or from the former owner or owners the right to use the |
3 | system, and for the use of other owners of property accessible |
4 | thereto up to the capacity of the sewage collection or disposal |
5 | system. |
6 | (3) All persons whose property connects with the sewage |
7 | collection or disposal system acquired or constructed by the |
8 | borough shall pay to the borough treasurer, a monthly, |
9 | quarterly, semi-annual or annual charge prescribed by a |
10 | resolution of the council. The amount of the charges shall not |
11 | be in excess of the estimated amount necessary to maintain and |
12 | operate the system and to establish a reserve fund sufficient |
13 | for its future replacement. |
14 | (4) All sewer rentals or charges imposed by the council |
15 | against properties connected with a community sewage collection |
16 | or disposal system under the provisions of this section shall |
17 | constitute liens against the properties and may be collected in |
18 | the same manner as other sewer charges. |
19 | (5) All moneys received from the sewer charges shall be |
20 | deposited as a special reserve fund, and shall be used only for |
21 | the payment of the cost of operating and maintaining the sewage |
22 | collection or disposal system and the replacement [thereof] of |
23 | the collection or disposal system, if necessary and economically |
24 | desirable. If at any time after the acquisition or enlargement |
25 | of the community sewage system, a regular sewer system is made |
26 | available by the borough for connection with the properties |
27 | using the community sewage collection or disposal system, the |
28 | owners of [such] the properties shall be subject to the other |
29 | provisions of this act relating to sewers, and all money at that |
30 | time in the reserve fund which was received from charges for the |
|
1 | use of that particular sewage collection or disposal system, and |
2 | which is over and above the amount expended for the operation |
3 | and maintenance of that particular sewage collection or disposal |
4 | system, shall be used towards the payment of any sewer |
5 | assessments charged against [such] the properties under other |
6 | sections of this act. |
7 | (d) Nothing in this section may be construed to supersede |
8 | the requirements of the act of January 24, 1966 (1965 P.L.1535, |
9 | No.537), known as the "Pennsylvania Sewage Facilities Act." |
10 | Section 248. Article XX subdivision (e) heading and section |
11 | 2051 of the act are amended to read: |
12 | (e) Connection and Use of Sanitary Sewers |
13 | Section 2051. Ordinances to Require Sanitary Sewer |
14 | Connections.--Any borough may, by ordinance, require any owner |
15 | of property, benefited, improved or accommodated by a sanitary |
16 | sewer, to make connections with [such] the sanitary sewer, in |
17 | [such] the manner as the borough may order, for the purpose of |
18 | discharge of [such] drainage or waste matter as the borough may |
19 | specify. All connections required shall be uniform. The owner |
20 | shall be given at least forty-five days' notice of any ordinance |
21 | requiring a sanitary sewer connection and, upon failure of the |
22 | owner to make the connection, the borough may make the |
23 | connection and collect the cost from the owner by a municipal |
24 | claim or by an action of assumpsit. The borough may by penalties |
25 | enforce any [regulation] ordinance it may [ordain] enact with |
26 | reference to any sanitary sewer connections. |
27 | Section 249. Section 2052 of the act is repealed: |
28 | [Section 2052. Notice of Ordinances; Failure to Comply With |
29 | Ordinance.--The owner shall be given at least forty-five days' |
30 | notice of any ordinance requiring such sewer connection, and, |
|
1 | upon failure of such owner to make such connection, the borough |
2 | may make the same, and collect the cost thereof from the owner |
3 | by a municipal claim or in an act of assumpsit. All connections |
4 | required shall be uniform.] |
5 | Section 250. Section 2053 of the act is amended to read: |
6 | Section 2053. Tapping Fees.--Any borough may by ordinance |
7 | provide for charging a tapping fee whenever the owner of any |
8 | property connects [such] the property with a sanitary sewer |
9 | system constructed or acquired by the borough provided that the |
10 | tapping fee is calculated in accordance with 53 Pa.C.S. § 5607 |
11 | (relating to purposes and powers), which fee shall be in |
12 | addition to any charges assessed and collected against [such] |
13 | the property in the construction or acquisition of [such] the |
14 | sanitary sewer by the borough. Whenever a sanitary sewer system |
15 | or any part or extension [thereof] of a sanitary sewer system, |
16 | owned by a borough, has been constructed by the borough at the |
17 | expense of a private person or corporation or has been |
18 | constructed by a private person or corporation under the |
19 | supervision of the borough at the expense of the private person |
20 | or corporation, the borough shall have the right to charge a |
21 | tapping fee calculated in accordance with 53 Pa.C.S. § 5607 and |
22 | refund [said] the tapping fee or any part [thereof] of the fee |
23 | to the person or corporation who has paid for the construction |
24 | of [said] the sanitary sewer system or any part or extension |
25 | [thereof] of the sanitary sewer system in accordance with 53 |
26 | Pa.C.S. § 5607. The total of [said] the refunds shall never |
27 | exceed the cost of [said] the system or any part or extension |
28 | [thereof] of the system to the person or corporation paying for |
29 | the construction [thereof] of the system or any part or |
30 | extension of the system. In any case, where the property |
|
1 | connected or to be connected with the sanitary sewer system of |
2 | the borough is not equipped with a water meter the borough may |
3 | install [such] a meter at its own cost and expense. If the |
4 | property is supplied with water from the facilities of a public |
5 | water supply agency, the borough shall not install [such] a |
6 | meter without the consent and approval of the public water |
7 | supply agency. |
8 | Section 251. Section 2054 of the act is repealed: |
9 | [Section 2054. Regulations and Restrictions in Use of |
10 | Sanitary Sewers.--Any borough in which there is any public |
11 | sanitary sewer or sewer system shall have authority, by |
12 | ordinance, to make regulations and restrictions pertaining to |
13 | the use of such sewer or sewer system. Such regulations and |
14 | restrictions: (i) may specify materials and/or substances which |
15 | may or may not enter the public sewer or sewer system; (ii) may |
16 | require that certain types or classes of waste be subjected to |
17 | treatment or to grinding or other reduction in size before |
18 | entering into the sewer; (iii) may restrict the quantity of |
19 | waste material that may enter a sanitary sewer from any premises |
20 | within any time interval; and (iv) may require that property |
21 | owners provide means other than the public sanitary sewers for |
22 | disposal of storm, surface and roof water originating or |
23 | accumulating upon their property.] |
24 | Section 252. Article XX subdivision (f) heading of the act, |
25 | amended July 13, 1988 (P.L.521, No.91), is reenacted to read: |
26 | (f) Monthly, Quarterly or Annual Rentals |
27 | Section 253. Sections 2061, 2062 and 2063 of the act, |
28 | amended July 13, 1988 (P.L.521, No.91), are amended to read: |
29 | Section 2061. Ordinance for Monthly, Quarterly or Annual |
30 | Rental.--Whenever any borough shall have constructed any |
|
1 | sanitary sewer, sewer system or sewage treatment works, or shall |
2 | have acquired wholly or partially the same at public expense, as |
3 | authorized in this article, the [council of such] borough |
4 | council may provide, by ordinance, for the collection of a |
5 | monthly, quarterly or annual rental or charge or a fixed sum, |
6 | for the use of [such] the sanitary sewer, sewer system or sewage |
7 | treatment works, from the owner of property served by it. [The |
8 | council may, at its discretion, in lieu of such monthly, |
9 | quarterly or annual rental or charge, provide for the payment by |
10 | such owner of a fixed sum.] |
11 | Section 2062. How Rental Fixed.--[Such] The monthly, |
12 | quarterly or annual rental may include the amount expended |
13 | monthly, quarterly or annually by the borough in maintenance, |
14 | repair, alteration, inspection, depreciation, or other expense, |
15 | of [such] the sanitary sewer, sewer system or sewage treatment |
16 | works, and may include interest on money expended or borrowed by |
17 | the borough in the construction of the sanitary sewer, sewer |
18 | system or sewage treatment works, or in the acquisition, |
19 | enlargement or extension of the sanitary sewer or sewer system, |
20 | and may also include an amount sufficient for the amortization |
21 | of debt incurred by the borough for [any such] those purposes, |
22 | including the construction of sewage treatment works according |
23 | to law. The [said] monthly, quarterly or annual amount or fixed |
24 | sum shall be apportioned equitably among the [several] |
25 | properties served by the [said] sanitary sewers, sewer system or |
26 | sewage treatment works. |
27 | Section 2063. Collection of Rental.--[Such] The monthly, |
28 | quarterly or annual rental or charge, or [such] the fixed sum, |
29 | shall be authorized and collected as provided by general |
30 | ordinances, and, when so levied and charged, shall be a lien on |
|
1 | the properties charged[. The collection thereof shall be made |
2 | and enforced in the manner municipal claims are collected.] from |
3 | the date set forth in the ordinance. If the rental, charge or |
4 | fixed sum is not paid after thirty days' notice, it may be |
5 | collected by an action of assumpsit, in the name of the borough |
6 | against the owner of the property charged, or by a lien filed in |
7 | the nature of a municipal lien. |
8 | The borough council [of such borough] shall execute a warrant |
9 | or warrants, authorizing the collection of [such] the monthly, |
10 | quarterly or annual sewer rentals or charges, or [such] the |
11 | fixed sum, to the officer employed by council to collect the |
12 | same. [Such] The officer shall have the authority now vested by |
13 | law for the collection of borough taxes. |
14 | Section 254. Section 2064 of the act, amended July 13, 1988 |
15 | (P.L.521, No.91), is repealed: |
16 | [Section 2064. Lien.--Such monthly, quarterly or annual |
17 | sewer rentals or charges, or such fixed sum, shall be a lien on |
18 | the properties charged with the payment thereof, from the date |
19 | set forth in the ordinance, and, if not paid after thirty days' |
20 | notice, may be collected by an action of assumpsit, in the name |
21 | of the borough against the owner of the property charged, or by |
22 | distress of personal property on the premises, or by a lien |
23 | filed in the nature of a municipal lien.] |
24 | Section 255. Article XX subdivision (g) heading, sections |
25 | 2071 and 2072, Article XXI heading and sections 2101, 2102, |
26 | 2103, 2104 and 2105 of the act are repealed: |
27 | [(g) Sewers on Boundary Streets |
28 | Section 2071. Power to Lay and Construct.--Boroughs shall |
29 | have authority to lay and construct sewers in any street, any |
30 | portion of which is within the limits of the borough, and which |
|
1 | forms a portion of the boundary dividing the borough from any |
2 | other city, borough, or township within the same county, in the |
3 | same manner and to the same extent as if the whole of said |
4 | street was within the limits of the said borough. |
5 | Section 2072. Assessment of Benefits.--The property |
6 | benefited, improved or accommodated, which is located outside |
7 | the limits of the borough constructing such sanitary sewers, |
8 | shall, for a depth of one hundred fifty feet, be assessed for |
9 | the cost of such sewer, in the same manner as such property |
10 | would be assessed, under the laws of the Commonwealth, if it |
11 | were entirely located within the limits of such borough, if such |
12 | property is given permission to use such sanitary sewer and is |
13 | not, at the time such sanitary sewer is constructed, provided |
14 | with sanitary sewer facilities. |
15 | ARTICLE XXI |
16 | COLLECTION BY INSTALMENT OF STREET |
17 | AND SEWER ASSESSMENTS |
18 | Section 2101. Authority for Instalment Payments.--Whenever |
19 | any borough shall authorize the construction or acquisition of |
20 | any sanitary sewer or system of sanitary sewers, or the |
21 | improvement of any street or portion thereof, and the entire |
22 | cost, or any part thereof, shall be assessed against the |
23 | properties benefited, improved or accommodated by such sewer or |
24 | system of sewers, or abutting upon such street or portion |
25 | thereof, such borough may authorize the payment of such |
26 | assessment in equal annual, or more frequent instalments. Such |
27 | instalment payments may be authorized by a general ordinance |
28 | applicable to all sanitary sewers or systems thereof and/or all |
29 | streets thereafter acquired, constructed or improved, as the |
30 | case may be, or by one or more specific ordinances applicable to |
|
1 | a specific sewer, system of sewers or street or portion thereof. |
2 | Every such ordinance shall specify the length of time over which |
3 | such instalments may be extended and whether payments are to be |
4 | made by annual or more frequent instalments. All such |
5 | instalments shall bear interest, as provided in the applicable |
6 | ordinance, at a rate not to exceed six percent, commencing at |
7 | such time as may be fixed or regulated by ordinance: Provided, |
8 | That where bonds shall have been issued and sold in the manner |
9 | provided by law, to provide for the payment of any street |
10 | improvement, such assessments shall be payable in equal |
11 | instalments during the term for which such bonds are issued, and |
12 | the expenditures for such improvements, and interest thereon to |
13 | the first day when interest is payable on such bonds, shall be |
14 | taken as the cost of such improvement to be assessed on the |
15 | property benefited. |
16 | Section 2102. Entry of Liens.--Claims to secure the |
17 | assessments shall be entered in the prothonotary's office of the |
18 | county at the same time and in the same form and shall be |
19 | collected in the same manner as municipal claims are filed and |
20 | collected, notwithstanding the provisions of this article on |
21 | instalment payments. |
22 | Section 2103. Assessments; Where Payable.--Such assessments |
23 | shall be payable at the office of the borough treasurer, or such |
24 | other place as the ordinance shall provide, in semi-annual or |
25 | annual instalments, with interest at the rate provided from the |
26 | date from which interest is computed on the amount of the |
27 | assessments. |
28 | Section 2104. Default in Payment of Instalment.--In case of |
29 | default in the payment of any instalment and interest for a |
30 | period of sixty days after the same shall become due, the entire |
|
1 | assessment and accrued interest shall become due; and the |
2 | borough solicitor shall proceed to collect the same under the |
3 | general laws relating to the collection of municipal claims. |
4 | Section 2105. Payments in Full.--Any owner of property, |
5 | against whom any such assessment shall have been made, may pay |
6 | the same in full, at any time, with interest and costs thereon |
7 | to the due date of the next instalment, and such payment shall |
8 | discharge the lien.] |
9 | Section 256. The act is amended by adding an article to |
10 | read: |
11 | ARTICLE XXI-A |
12 | ASSESSMENTS AND CHARGES FOR PUBLIC IMPROVEMENTS |
13 | Section 2101-A. Authority to assess. |
14 | (a) General rule.--Borough council shall have the power to |
15 | pay the cost, in whole or in part, of any and all public |
16 | improvements of all natures and descriptions, including, but not |
17 | limited to, the grading, building, paving, regrading, rebuilding |
18 | and repaving of streets as defined in section 1701, the |
19 | creation, extension, renovation or enlargement of water mains |
20 | and sewage collection, transmission, treatment and disposal |
21 | systems and the creation, extension and renovation of storm, |
22 | surface and subsurface drainage systems, the construction, |
23 | reconstruction and repair of wharves and docks, the installation |
24 | of ornamental street lighting, or the planting, removal, |
25 | maintenance and protection of shade trees by any of the |
26 | following methods: |
27 | (1) from general borough funds; |
28 | (2) from special borough funds created for that purpose; |
29 | or |
30 | (3) by assessment of costs against the benefited |
|
1 | properties either on the front foot or benefit conferred |
2 | method of assessment. |
3 | Except as provided in subsection (c), the costs and expenses of |
4 | sanitary sewers may be assessed against properties benefited, |
5 | accommodated or improved regardless of the property line |
6 | location and regardless of whether any portion of a property so |
7 | benefited, accommodated or physically improved abuts upon the |
8 | sanitary sewer. |
9 | (b) Payment of indebtedness.-- |
10 | (1) If a borough that incurs authorized indebtedness |
11 | pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to |
12 | indebtedness and borrowing) for the purposes of funding the |
13 | cost and expense of making public improvements for which |
14 | assessments can be made in accordance with this article, |
15 | payments made on the assessment must be applied to pay the |
16 | debt service for the indebtedness incurred for funding the |
17 | cost and expense of making the public improvement. |
18 | (2) Notwithstanding section 2107-A, when bonds are |
19 | issued in a manner provided by law and an assessment is to be |
20 | paid in installments, the assessment shall be payable in |
21 | equal installments during the term for which the bond is |
22 | issued, and the cost of the improvement plus interest |
23 | beginning the first day when interest is payable on the bond |
24 | shall be the cost of the improvement to be assessed on a |
25 | property. |
26 | (c) Property outside borough.--Property benefited, improved |
27 | or accommodated which is located outside the limits of the |
28 | borough that constructed a sanitary sewer may, if located no |
29 | more than 150 feet from the sewer main, be assessed for the cost |
30 | of the sewer in the same manner as the property would be |
|
1 | assessed under the laws of this Commonwealth if it were entirely |
2 | located within the limits of the borough, if the property is |
3 | given permission to use the sanitary sewer and is not, at the |
4 | time the sanitary sewer is constructed, provided with sanitary |
5 | sewer facilities. |
6 | (d) Water mains.--Boroughs shall have power to assess the |
7 | whole cost or any part of the cost of construction of new water |
8 | mains built in connection with the establishment or extension of |
9 | a municipally owned water supply system, even if the mains are |
10 | located outside the limits of the borough, and that serve |
11 | abutting properties, against the properties abutting the |
12 | boundary line. The borough may provide that the assessment be |
13 | rebated to the owner of the assessed property out of rates |
14 | charged for water consumed in serving the assessed property. The |
15 | borough may also issue a negotiable credit memorandum in the |
16 | amount of the assessment which may be used for the payment of |
17 | any water service to the extent of the assessment. |
18 | Section 2102-A. Notice of assessments. |
19 | The borough secretary shall cause 30 days' personal notice of |
20 | the assessment to be served upon each property owner assessed. |
21 | If a certificate is required to be filed with council relating |
22 | to the public improvement as otherwise provided in this act, |
23 | then a copy of the certificate shall accompany the notice. |
24 | "Personal notice" as used in this article shall mean and include |
25 | notice upon the owner of a property either by personal service |
26 | upon the owner or by certified mail to the owner at the owner's |
27 | last known address, or where service, after a reasonable |
28 | attempt, shall not have been successfully made by either of |
29 | these two methods, then by leaving notice at or upon the |
30 | property. |
|
1 | Section 2103-A. Assessment based on front foot basis. |
2 | (a) General rule.--If borough council elects to collect the |
3 | cost, including any administrative fees, of any improvement on |
4 | the front foot basis, the cost to be collected shall be divided |
5 | by the total number of linear feet of street frontage of each |
6 | property benefited and there shall be assessed against each |
7 | property that portion of the cost which is determined by |
8 | multiplying the dividend of the prior calculation by the number |
9 | of linear feet for street frontage of that property. |
10 | (b) Certificate of assessment.--Council shall issue a |
11 | certificate of assessment when assessing on the front foot |
12 | basis, duly certified under the seal of the borough and attested |
13 | by the president of council and secretary. The certificate of |
14 | assessment shall be prima facie evidence in any suit for |
15 | recovery of the same of the correctness and validity of the |
16 | assessment. |
17 | (c) Adjustments in assessments.--Notwithstanding subsection |
18 | (a), council may make equitable adjustments for corner lots, |
19 | lots of irregular shape, or, where special conditions exist, |
20 | where an assessment for full frontage would be unjust. |
21 | Section 2104-A. Assessment of benefits conferred. |
22 | (a) General rule.--In lieu of the front foot basis, borough |
23 | council may elect to have the benefits of public improvements |
24 | assessed, in whole or in part, upon property benefited, improved |
25 | or accommodated by assessing an equal assessment on the |
26 | properties benefited, improved or accommodated in proportion to |
27 | the total cost of construction of the improvement. The amount of |
28 | the charge on each property shall be determined by borough |
29 | council. |
30 | (b) Certificate.--Council shall issue a certificate of |
|
1 | assessment when assessing benefits upon property benefited, |
2 | improved or accommodated, duly certified under the seal of the |
3 | borough and attested by the president of council and secretary. |
4 | The certificate of assessment shall be prima facie evidence in |
5 | any suit for recovery of the same of the correctness and |
6 | validity of the assessment. |
7 | Section 2105-A. Assessment awards. |
8 | In proceedings to assess benefits, if the land or property is |
9 | both benefited and damaged by the public improvements, the |
10 | excess of damages over benefits, or the excess of benefits over |
11 | damages, or nothing in case the benefits and damages are equal, |
12 | shall be awarded to or assessed against the owner of land and |
13 | property affected thereby. Damages shall be calculated pursuant |
14 | to 26 Pa.C.S. (relating to eminent domain). |
15 | Section 2106-A. Petition for viewers. |
16 | (a) Petition.--Taxpayers of the borough whose property is |
17 | being assessed for benefits for a public improvement may present |
18 | a petition to the court of common pleas stating that the |
19 | assessment insufficiently represents the benefits accruing to |
20 | abutting, benefited or accommodated properties and may include |
21 | in the petition a request for the appointment of viewers to |
22 | assess benefits provided that at least 50% of the taxpayers |
23 | whose parcels are abutting, benefited or accommodated by the |
24 | public improvement in question join the petition or provided |
25 | that taxpayers whose property valuation as assessed for taxable |
26 | purposes within the borough amounts to at least 50% of the total |
27 | property valuation of the properties being assessed for the |
28 | public improvement join the petition. The petition must be |
29 | presented within three months of the adoption of the resolution |
30 | or enactment of the ordinance levying the assessment. |
|
1 | (b) Viewers.--The court shall appoint three disinterested |
2 | viewers, none of whom shall be a resident of that portion of the |
3 | borough that is benefited or accommodated by the public |
4 | improvement in question, and the viewers shall proceed under |
5 | this act and 26 Pa.C.S. (relating to eminent domain) for the |
6 | assessment of damages and benefits by viewers. Upon the filing |
7 | of the petition by taxpayers for the appointment of viewers, any |
8 | assessment made by the borough council and any proceedings shall |
9 | be stayed pending the disposition of the petition by the court. |
10 | Section 2107-A. Payment of assessments in installments. |
11 | (a) Installments.--Whenever any ordinance is passed |
12 | providing for a public improvement the expense of which is to be |
13 | defrayed by an assessment against properties benefited by the |
14 | improvement, either by the front foot or benefit conferred |
15 | methods, the ordinance shall specify the length of time over |
16 | which the installments may be extended and whether payments are |
17 | to be made by equal annual or more frequent installments. If the |
18 | provisions of section 2101-A(b)(2) and this subsection conflict, |
19 | the provisions of section 2101-A(b)(2) shall prevail to the |
20 | extent of the conflict. |
21 | (b) Commencement of payments and rate of interest.--The |
22 | ordinance shall set a time when the installment payments shall |
23 | commence and shall set forth the rate of interest for the |
24 | installments which shall not be more than 6% per year. |
25 | (c) Installment agreement.--The borough shall enter into a |
26 | written installment agreement with each property owner, subject |
27 | to the requirements of the ordinance pertaining to such |
28 | agreements and this article. |
29 | (d) Unpaid installments.--If any of the installments shall |
30 | remain unpaid for 60 days after the same has become due and |
|
1 | payable, the entire unpaid assessment, plus unpaid accrued |
2 | interest and any costs, shall be due and payable and the borough |
3 | solicitor shall proceed to collect the same by filing a lien in |
4 | the same manner as municipal claims are filed or by action in |
5 | assumpsit. |
6 | (e) Prepayment.--A property owner upon whom an assessment |
7 | has been made may pay all or as many of the installments before |
8 | the same are due, with interest and costs to the due date of the |
9 | next installment. |
10 | Section 2108-A. Collection of assessments. |
11 | (a) Collection methods.--If any assessment remains unpaid at |
12 | the expiration of the 30-day personal notice, and an installment |
13 | agreement has not been entered into pursuant to section 2106-A, |
14 | the borough solicitor shall collect the unpaid assessment, with |
15 | interest from the time of completion of the improvement, or from |
16 | the time of filing a certificate of assessment with council, |
17 | plus costs, by filing a lien to be collected in the same manner |
18 | as municipal claims or by action in assumpsit. When a property |
19 | owner has two or more lots, against which there is an assessment |
20 | for the same improvement, all of the lots may be embraced in one |
21 | claim. |
22 | (b) Payment location.--Assessments, whether paid one time or |
23 | by installments, shall be payable at the office of the borough |
24 | treasurer or any other place as the applicable ordinance shall |
25 | provide. |
26 | Section 257. Article XXII heading of the act is reenacted to |
27 | read: |
28 | ARTICLE XXII |
29 | STORM SEWERS AND WATER COURSES |
30 | Section 258. Sections 2201, 2202, 2203 and 2204 of the act |
|
1 | are amended to read: |
2 | Section 2201. Authority of Boroughs.--Any borough may, by |
3 | ordinance, after [a permit shall have been obtained from the |
4 | Water and Power Resources Board, and from the Federal |
5 | Government, where required] obtaining any required permit from |
6 | the Department of Environmental Protection, or other Federal or |
7 | State entity, do the following: |
8 | (1) Widen and deepen any water course running through or |
9 | within the borough, erecting [such] dykes, retaining walls and |
10 | embankments along the [same] water course as may be necessary to |
11 | prevent the water from overflowing the banks [thereof]; |
12 | (2) Confine and pave any water course or portion thereof, |
13 | other than a navigable stream; |
14 | (3) Engage in channel improvement through the construction |
15 | and maintenance of storm sewers and the accumulation and |
16 | discharge of water [thereinto] into storm sewers; |
17 | (4) Vacate or alter the course or channel of any water |
18 | course, other than a navigable stream. |
19 | For any of [such] these purposes, a borough may enter upon |
20 | and condemn [such] property and materials as may be necessary. |
21 | No borough may confine and pave, vacate or alter any water |
22 | course used by any municipality, municipal authority or water |
23 | company as a source of supply, unless [such] the municipality, |
24 | municipal authority or water company shall first consent to |
25 | [such] the confining and paving, vacation or alteration. |
26 | Section 2202. Right of Entry Upon Lands.--Any borough may |
27 | enter upon any land lying near any water course, and secure such |
28 | material as may be necessary for the purpose of making and |
29 | repairing the embankments along [such] the water course, when |
30 | the same cannot be obtained by contract at reasonable price. |
|
1 | [Such] The boroughs shall cause no unnecessary damage to the |
2 | owners of [such] the land, and shall repair any fences [which |
3 | they may injure], structures or damage to the land that is |
4 | caused by the borough, and shall compensate the owner, either by |
5 | agreement or in accordance with the law governing eminent |
6 | domain, for any materials obtained pursuant to this section. |
7 | Section 2203. Manner of Financing Work.--[The costs and |
8 | expenses of any work authorized under section 2201 of this act |
9 | may be paid wholly or in part by the borough from any moneys of |
10 | the borough available for the purpose, with or without the |
11 | assistance of the county, State or Federal Government, or the |
12 | whole or any part of such costs and expenses not thus aided may |
13 | be assessed, according to benefits as prescribed in article XV |
14 | of this act, against properties located within the drainage area |
15 | of such water course and benefited, improved or accommodated |
16 | thereby.] A borough may pay for the costs and expenses of any |
17 | work authorized under section 2201 wholly or in part from any |
18 | moneys of the borough available for the purpose. To the extent |
19 | that a borough does not receive assistance from the Federal, |
20 | State or county government for the costs and expenses of the |
21 | work, the borough may assess the benefited properties located |
22 | within the drainage area of the water course in accordance with |
23 | Article XXI-A. |
24 | Section 2204. Proceedings to Assess Damages.--Any person |
25 | aggrieved by [reason of] any ordinance [passed] enacted or |
26 | action taken pursuant to the preceding sections of this article |
27 | may [complain to] file a complaint with the court of common |
28 | pleas[, and proceedings may be had in the court] to fix and |
29 | determine the damages for property taken, injured or destroyed |
30 | [in the same manner as provided in] pursuant to the law |
|
1 | governing eminent domain. |
2 | Section 259. The act is amended by adding sections to read: |
3 | Section 2205. Unlawful to Build Within Right-of-Way of Storm |
4 | Sewers.--It shall be unlawful for any person to erect any |
5 | building or make any improvement within the right-of-way of any |
6 | storm sewer laid out after due notice of the laying out of the |
7 | storm sewer. If the erection or improvement is made, no |
8 | allowance shall be had in the assessment of damages. |
9 | Section 2206. Power to Acquire Storm Sewer Systems.--(a) A |
10 | borough may, by ordinance, acquire ownership of storm sewers, |
11 | culverts and the necessary inlets and appliances for surface, |
12 | under surface and storm sewer drainage by purchase, by the |
13 | exercise of eminent domain pursuant to 26 Pa.C.S. (relating to |
14 | eminent domain) or by gift from the owner or owners. |
15 | (b) In eminent domain proceedings, the viewers shall assess |
16 | the costs and expenses of the storm sewer, culverts, inlets and |
17 | appliances acquired by the borough, upon the property or |
18 | properties benefited, according to benefits. Any deficiency that |
19 | is not assessed upon the benefited property or properties shall |
20 | be paid by the borough. |
21 | Section 260. Article XXIII heading and sections 2301, 2302, |
22 | 2303 and 2304 of the act are repealed: |
23 | [ARTICLE XXIII |
24 | UNDERGROUND CONDUITS |
25 | Section 2301. Powers of Boroughs.--Any borough may define, |
26 | by ordinance, a reasonable district within which electric light, |
27 | electric power, telephone, telegraph and other types of wires |
28 | shall be placed underground in conduits, owned and constructed |
29 | either by the borough or by corporations owning such wires, or |
30 | by corporations organized for the purpose of laying such |
|
1 | conduits and renting space therein. |
2 | Section 2302. Borough Regulations.--Whenever conduits are |
3 | owned by any person, firm, or corporation, the borough may |
4 | regulate, by ordinance, the manner in which conduits shall be |
5 | used, and the terms and conditions of such use. |
6 | Section 2303. Acquisition of Conduits; Assessment of |
7 | Damages.--Any borough may acquire existing conduits by purchase |
8 | or by condemnation, and, in the latter case, the proceedings for |
9 | the assessment of damages shall be the same as provided in the |
10 | law governing eminent domain. |
11 | Section 2304. Borough Not to Surrender Rights.--The borough |
12 | authorities shall not surrender or barter away the rights |
13 | reserved in this article.] |
14 | Section 261. Article XXIV and subdivision (a)(1) headings |
15 | and sections 2401, 2402, 2403 and 2404 of the act are amended to |
16 | read: |
17 | ARTICLE XXIV |
18 | [PUBLIC SERVICE] WATER SYSTEM |
19 | (a) [Water Supply and Waterworks |
20 | (1)] General Powers to Supply Water |
21 | Section 2401. Power to Supply Water and Make Regulations.-- |
22 | (a) Boroughs may [provide a] supply [of] water for the use of |
23 | the public within [such] the borough, by [erecting] constructing |
24 | or purchasing and operating [waterworks, by purchasing and |
25 | operating waterworks] a water system, by entering into contract |
26 | with persons or corporations authorized to supply water within |
27 | the limits of [such] the borough, or partly by [the erection or |
28 | purchase and operation of waterworks] constructing or purchasing |
29 | and operating a water system, and partly by entering into a |
30 | contract. |
|
1 | (b) Borough council may make regulations for the protection |
2 | of water pipes, reservoirs and other apparatus used in the |
3 | supplying or storing of water, for the prevention of the waste |
4 | of water supplied and for the drilling of water wells within the |
5 | borough. |
6 | (c) Borough council shall fix the rates to be charged for |
7 | the water furnished to individuals, partnerships, associations |
8 | or corporations and shall provide for the collection of water |
9 | rents from users of water supplied by the borough. The borough's |
10 | provision of water to users outside the borough limits, as to |
11 | character of service, extensions and rates, shall be subject to |
12 | any applicable approval, regulation, or control imposed by 66 |
13 | Pa.C.S. Pt. I (relating to Public Utility Code). |
14 | Section 2402. Contracts Not to Abridge Powers.--[No contract |
15 | for the supply of water hereafter entered into by any borough |
16 | with any person or corporation shall, in anywise, abridge the |
17 | power of the borough to construct and operate waterworks as |
18 | provided in the preceding section of this article, but such] A |
19 | borough's power to construct and operate a water system as |
20 | provided in section 2401 shall not be abridged by the borough |
21 | entering into a contract with a person or corporation for the |
22 | supply of water, but the power shall remain in force as though |
23 | [such] the contract had not been made. |
24 | Section 2403. Issue of Bonds Where [Waterworks] Water System |
25 | Acquired.--Where the price and terms are agreed upon, a borough |
26 | may become the owner of and operate any water system owned and |
27 | operated by a corporation furnishing water within the acquiring |
28 | borough, and in nearby [townships or boroughs] municipal |
29 | corporations, and may pay [therefor] for the water system from |
30 | the revenues derived from general obligation bonds or utility |
|
1 | bonds issued in the manner provided by [the Municipal Borrowing |
2 | Law] 53 Pa.C.S. Pt. VII Subpt.B (relating to indebtedness and |
3 | borrowing). |
4 | Section 2404. Refunding Bonds.--[Where any borough has |
5 | heretofore acquired or shall hereafter acquire any waterworks |
6 | and the appurtenances thereto, subject to any existing lien or |
7 | liens, and at the time of such acquisition issues utility bonds |
8 | secured solely by liens on the property of such waterworks and |
9 | imposing no municipal liability; then the borough may, at the |
10 | time such utility bonds mature, or at any time prior thereto, |
11 | issue and sell utility bonds for the purpose of refunding such |
12 | outstanding bonds, which refunding bonds shall be issued as |
13 | utility bonds in the manner provided by the Municipal Borrowing |
14 | Law. Such bonds so issued,] (a) If a borough acquires a water |
15 | system, subject to any existing lien or liens and, at the time |
16 | of acquisition, issues utility bonds secured by the liens on the |
17 | water system and which imposes no municipal liability, then, |
18 | when the utility bonds mature or at any time prior, the borough |
19 | may issue and sell utility bonds for the purposes of refunding |
20 | the outstanding bonds. The refunding bonds shall be issued as |
21 | utility bonds pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating |
22 | to indebtedness and borrowing). The issued bonds shall not be |
23 | deemed to be the creation of new obligations but be deemed a |
24 | continuation of the bonds existing or created at the time of the |
25 | original acquisition of [said waterworks and the appurtenances |
26 | thereto] the water system. |
27 | [Such] (b) The bonds shall not be refunded for a longer |
28 | period than twenty years, and the refunding lien bonds issued |
29 | shall not bear interest at a rate exceeding six percent[, and |
30 | the]. The amount of the issued refunding lien bonds[, so |
|
1 | issued,] shall not exceed, in the aggregate, the amount of the |
2 | bonds to be refunded[: Provided, That], provided that any moneys |
3 | placed in any fund by the borough or by any commission of |
4 | [waterworks] the water system for the purpose of redeeming or |
5 | paying [such] the bonds at maturity, shall be first applied to |
6 | the payment, as far as applicable, of the principal of [such] |
7 | the bonds to be refunded, and the balance of [such] the bonds |
8 | only shall be refunded by the issue of new bonds. |
9 | Section 262. Section 2405 of the act is repealed: |
10 | [Section 2405. Rates in Particular Boroughs.--Whenever the |
11 | schedule of water rates in any borough, owning or controlling |
12 | waterworks, shall have been fixed or limited by special act of |
13 | Assembly, the borough may change the rates schedule or rates |
14 | from time to time.] |
15 | Section 263. Sections 2406, 2407, 2408 and 2409 of the act |
16 | are amended to read: |
17 | Section 2406. Contracts to Supply Water for Municipal |
18 | Purposes.--Boroughs may receive bids from water companies and |
19 | municipal authorities, authorized to do business within [such] |
20 | the borough, and from other municipalities operating [waterworks |
21 | or distributing water] a water system, for the supply of water |
22 | for fire protection and for other municipal purposes, and may |
23 | contract [therefor] for the supply of water with [such] the |
24 | company. |
25 | Section 2407. Power to Supply Water Beyond Limits of |
26 | Borough.--Whenever any borough is maintaining [waterworks] a |
27 | water system, it shall be lawful for [such] the borough to |
28 | supply water to persons and corporations outside the limits of |
29 | [such] the borough[; but no such], but shall be subject to any |
30 | applicable approval or regulation imposed by 66 Pa.C.S. Pt. I |
|
1 | (relating to Public Utility Code). The privilege shall not |
2 | conflict with the corporate rights of any water company, or the |
3 | rights of any other municipality or municipal authority. |
4 | Section 2408. Assessment for Water Mains.--Boroughs shall |
5 | have power to assess the whole cost, or any part of the cost, of |
6 | construction of new water mains, built in connection with the |
7 | establishment or extension of a municipally owned water supply |
8 | system in accordance with Article XXI-A, whether [such mains be] |
9 | the mains are located within or without the limits of the |
10 | borough[, and serving the properties abutting thereon, against |
11 | the properties abutting along the line thereof, by the foot- |
12 | front rule, and to collect such assessments as other municipal |
13 | claims are now by law collectible: Provided, That the assessment |
14 | may be rebated to the owner of the property assessed, out of |
15 | rates charged for water consumed in serving the property so |
16 | assessed: And provided further, That the borough may issue |
17 | negotiable credit memorandum to the amount of the assessment, |
18 | which may be used for the payment of any water service to the |
19 | extent of the said assessment]. |
20 | Section 2409. Sale of [Waterworks.--] Water System.--(a) By |
21 | ordinance, a borough may sell all or part of its [waterworks |
22 | and/or water distribution] water system to a purchaser at [such] |
23 | an agreed upon price [as the parties may agree upon], and |
24 | thereafter for all purposes that price shall be deemed to be the |
25 | purchaser's original cost less accrued depreciation of the plant |
26 | at the date of purchase[: Provided, That no]. No such ordinance, |
27 | however, shall take effect until the expiration of ten days |
28 | following its enactment and if, within [such] that ten-day |
29 | period, a protest, signed by at least ten percent of the |
30 | registered electors of the borough [shall be] is filed with the |
|
1 | borough council, [such] the sale shall be stayed pending a |
2 | referendum on the ordinance. |
3 | (b) The borough secretary within five days following the |
4 | filing of [such] the protest, shall certify to the county board |
5 | of elections a copy of the ordinance and the fact of the |
6 | protest, together with the number of signers [thereof] of the |
7 | protest, and the county board of elections shall direct a |
8 | referendum to be held on the matter at a special election to be |
9 | held at the time of the next general or municipal or primary |
10 | election occurring not less than sixty days from the date of |
11 | [such] the certification by the borough secretary. [Such] The |
12 | referendum shall be conducted by the county board of elections |
13 | in the manner provided by the Pennsylvania Election Code for the |
14 | holding of special elections. The ballot used when voting upon |
15 | the question shall contain a question stating the nature and |
16 | purpose of the ordinance and providing that a "yes" vote shall |
17 | be to sustain the ordinance and a "no" vote shall be to reject |
18 | it. If more electors vote to sustain the ordinance than to |
19 | reject it, [such] the ordinance shall take effect immediately[; |
20 | if]. If more electors shall vote to reject the ordinance than to |
21 | sustain it, [such] the ordinance shall be null and void and |
22 | shall not take effect. |
23 | Section 264. Article XXIV subdivision (a)(2) heading of the |
24 | act is renumbered and amended to read: |
25 | [(2)] (a.1) Acquisition by Eminent Domain |
26 | Section 265. Sections 2411 and 2412 of the act are amended |
27 | to read: |
28 | Section 2411. Appropriation of Lands and Waters.--Any |
29 | borough desiring to [erect waterworks,] build a water system or |
30 | to improve its water supply[,] may appropriate springs, streams, |
|
1 | rivers, or creeks and lands, easements and rights of way, within |
2 | or without its limits[, and, for], provided that if the |
3 | appropriation is outside its limits, the appropriation shall be |
4 | in compliance with 26 Pa.C.S. § 206 (relating to |
5 | extraterritorial takings). For the purpose of conducting water |
6 | obtained outside [the] its limits [of the borough,] a borough |
7 | may lay pipes under and over any lands, rivers, streams, |
8 | bridges, highways and under railroads. No water appropriated |
9 | under the provisions of this section shall be used in [such] a |
10 | manner as to deprive the owner [thereof] of the water of the |
11 | free use and enjoyment of the same for domestic or farm |
12 | purposes. The exercise of the powers in this section shall be |
13 | subject to any required approvals or permits from the Department |
14 | of Environmental Protection or other Federal or State entity. |
15 | Section 2412. Agreements as to Damages; Bonds.--Prior to any |
16 | [such] appropriation pursuant to section 2411, the borough shall |
17 | attempt to agree with the owner as to the damage done, or likely |
18 | to be done[, and, if]. If the parties cannot agree, the borough |
19 | shall [file its bond in the court of common pleas, conditioned |
20 | for the payment to the owner of the property of the damages for |
21 | the taking thereof, when the same shall have been ascertained. |
22 | Upon the approval of the bond and filing thereof, the borough |
23 | may enter upon such property.] proceed pursuant to 26 Pa.C.S. |
24 | (relating to eminent domain). |
25 | Section 266. Section 2413 of the act is repealed: |
26 | [Section 2413. Appointment of Viewers; Proceedings.--Upon |
27 | petition of either the property owner or borough, at any time |
28 | thereafter, the court shall appoint three viewers from the |
29 | county board of viewers, who shall assess the damages for the |
30 | property or rights appropriated, and shall fix a time for their |
|
1 | meeting, of which notice shall be given to all parties |
2 | interested. The proceedings for the assessment of damages shall |
3 | be as provided in the law governing eminent domain.] |
4 | Section 267. Article XXIV subdivision (a)(3) heading of the |
5 | act is renumbered and amended to read: |
6 | [(3)] (a.2) Acquisition by Purchase after Appraisement |
7 | Section 268. Sections 2421, 2422 and 2423 of the act are |
8 | amended to read: |
9 | Section 2421. Petition to Court Expressing Desire to Acquire |
10 | [Waterworks] a Water System.--Whenever any person, firm, or |
11 | corporation [shall own] owns any [waterworks or] water system, |
12 | and a borough is desirous of owning and operating [such |
13 | waterworks or] the water system, [such] a borough may present |
14 | its petition to the court of common pleas of the county where |
15 | the water system is located, setting forth that the borough is |
16 | desirous of owning [such waterworks or] the water system, and |
17 | that it will be necessary to issue bonds, and that a value |
18 | should be placed upon [such waterworks or] the water system, |
19 | including all property, real and personal, used in connection |
20 | therewith. |
21 | Section 2422. Appointment of Engineers as Appraisers to Make |
22 | Valuation.--The court shall [thereupon] appoint three civil |
23 | engineers as appraisers, to value and appraise [such waterworks |
24 | or] the water system, and the property used in connection |
25 | [therewith] with the water system, and the contracts or |
26 | agreements with municipalities [or townships, who]. The civil |
27 | engineers shall file their report in the court within three |
28 | months after their appointment, unless [such] the time [be] is |
29 | extended by the court. |
30 | Section 2423. Powers of Appraisers.--The appraisers shall |
|
1 | have access to the books and records of the person, firm, or |
2 | corporation owning [such waterworks or] the water system, to |
3 | inform themselves as to the income and value [thereof] of the |
4 | water system. They shall have power to administer oaths and are |
5 | authorized to take the testimony of witnesses. Their report |
6 | shall be final if not appealed from. |
7 | Section 269. Section 2424 of the act, repealed in part June |
8 | 3, 1971 (P.L.118, No.6), is amended to read: |
9 | Section 2424. Appeal from Appraisement.--Within ten days |
10 | after notice of the filing of any report in court, either party |
11 | may appeal from [such] the appraisement by filing a petition for |
12 | a hearing before the court, alleging an undervaluation or |
13 | overvaluation of the property[, and praying for a hearing before |
14 | the court]. The court shall [thereupon] fix a time when [such] |
15 | the appeal may be heard, [of which time at least ten days' |
16 | notice shall be given to the parties] giving at least ten days' |
17 | notice to the parties, and, upon such hearing, the court shall |
18 | have power to affirm or modify [such] the report as to it |
19 | appears just and proper. |
20 | Section 270. Sections 2425 and 2426 of the act are amended |
21 | to read: |
22 | Section 2425. Effect of Failure of Owner of Works to Accept |
23 | Price Fixed.--After the value is finally determined, the borough |
24 | is authorized to buy [such waterworks or] the water system at |
25 | the valuation so fixed[; and the]. The person, firm, or |
26 | corporation owning the [same] water system shall, within ten |
27 | days after notice, file in court its consent to sell and convey |
28 | its [waterworks or] water system and property to the borough at |
29 | the valuation fixed[;] and, in default [thereof, such] of the |
30 | filing of the consent, the person, firm, or corporation shall |
|
1 | cease to have any exclusive privilege of supplying the borough, |
2 | or the citizens [thereof] of the borough, with water, and the |
3 | borough may install [such waterworks or] the water system as may |
4 | be necessary for the accommodation of the public. |
5 | Section 2426. [Issue of Bonds] Bond Issue and Limitations.-- |
6 | For the purpose of [such purchase] purchasing a water system, |
7 | the borough may issue utility bonds in the manner provided by |
8 | [the Municipal Borrowing Law.] 53 Pa.C.S. Pt. VII Subpt. B |
9 | (relating to indebtedness and borrowing). The bonds shall not |
10 | exceed in amount the value fixed by the appraisers or the court. |
11 | The proceeds of the sale of the bonds shall be used exclusively |
12 | for the purpose of paying for the property acquired. |
13 | Section 271. Section 2427 of the act is repealed: |
14 | [Section 2427. Limit of Bond Issue.--Such bonds shall not |
15 | exceed in amount the value fixed by the appraisers or the court. |
16 | The proceeds of the sale of such bonds shall be used exclusively |
17 | for the purpose of paying for the property acquired.] |
18 | Section 272. Article XXIV subdivision (a)(4) heading of the |
19 | act is renumbered and amended to read: |
20 | [(4)] (a.3) Power to Lease [Waterworks] a Water System |
21 | Section 273. Sections 2431, 2432 and 2433 of the act are |
22 | amended to read: |
23 | Section 2431. Lease of [Waterworks] a Water System.--The |
24 | council of any borough may enter into a contract with any |
25 | individual, [copartnership] partnership, association, or |
26 | corporation, for the leasing of any water [supply, works, |
27 | systems, and property, or both of such] system of the |
28 | individual, [copartnership] partnership, association, or |
29 | corporation. |
30 | Section 2432. Term of Lease; Rental.--[Such leasing] The |
|
1 | lease term may be for [such] a term of years and at [such] a |
2 | rental price, as shall be agreed upon by the borough and the |
3 | individual, copartnership, association, or corporation. |
4 | Section 2433. Operation of Property.--[The property, so |
5 | acquired, shall be operated in the same manner as if the same |
6 | had been acquired by such borough by purchase or condemnation |
7 | proceedings] A borough shall have the same powers in operating a |
8 | leased water system as it would have in operating a purchased or |
9 | condemned water system. |
10 | Section 274. Section 2434 of the act is repealed: |
11 | [Section 2434. Rates.--The council of the borough shall fix |
12 | the rates to be charged for the water furnished without the |
13 | limits of such borough to individuals, copartnerships, |
14 | associations, or corporations.] |
15 | Section 275. Article XXIV subdivision (a)(5) heading of the |
16 | act is renumbered and amended to read: |
17 | [(5)] (a.4) Joint [Waterworks] Water System |
18 | Section 276. Sections 2436, 2437 and 2438 of the act are |
19 | amended to read: |
20 | Section 2436. Joint Acquisitions and Constructions.--[Two or |
21 | more boroughs may unite, or any borough may unite with a city or |
22 | township] A borough may join with one or more municipal |
23 | corporations in the construction or acquisition and maintenance |
24 | of [waterworks] a water system. |
25 | Section 2437. Permit of [Sanitary Water Board] Department of |
26 | Environmental Protection.--The construction of [such waterworks] |
27 | a water system shall be commenced only after plans for [such |
28 | waterworks have] the water system has been filed with the |
29 | Department of [Health and the Water and Power Resources Board] |
30 | Environmental Protection and, if required by law, other Federal |
|
1 | or State entities, and permits issued in accordance with law. |
2 | Section 2438. Joint Commission of [Waterworks] a Water |
3 | System.--The [boroughs, cities and townships] municipal |
4 | corporations joining in [any such] the construction or |
5 | acquisition and maintenance of [waterworks, in order to |
6 | facilitate the building, operation and maintenance of the same, |
7 | and in securing preliminary surveys and estimates,] a water |
8 | system may, by ordinance, provide for the appointment of a joint |
9 | commission of [waterworks, composed of one representative from |
10 | each of the boroughs, cities and townships joining, which] a |
11 | water system in order to facilitate the construction, operation |
12 | and maintenance of the water system and to secure preliminary |
13 | surveys and estimates. The joint commission shall act generally |
14 | as the advisory and administrative agency in the construction of |
15 | [such] the improvement and its subsequent operation and |
16 | maintenance and shall be composed of one representative from |
17 | each of the joining municipal corporations. The members of [such |
18 | board] the commission shall serve for terms of six years each |
19 | from the dates of their respective appointments and until their |
20 | successors are appointed. The commission shall organize by the |
21 | election of a [chairman] chair, secretary and treasurer. The |
22 | secretary and treasurer may be the same person. The [several |
23 | boroughs, cities and townships] municipal corporations may in |
24 | the ordinances creating the commission authorize it to appoint |
25 | an engineer, a solicitor and [such] other assistants as are |
26 | deemed necessary and agree to share the compensation for |
27 | attending its meetings as shall be fixed in the budget prepared |
28 | by the commission and submitted to and adopted by the [several |
29 | boroughs, cities and townships] joining municipal corporations. |
30 | The budget item providing for the compensation to the members |
|
1 | for attending meetings shall not exceed five hundred dollars |
2 | ($500) per year, but members in addition thereto shall be |
3 | entitled to actual expenses to be paid by the respective |
4 | [boroughs, cities and townships which such] municipal |
5 | corporations that the members represent. The fee for each |
6 | attendance at meetings shall be stipulated and no member shall |
7 | be paid a fee for any meeting [he] the member does not attend. |
8 | Section 277. Article XXIV subdivision (a)(6) heading of the |
9 | act is renumbered and amended to read: |
10 | [(6)] (a.5) Condemnation of Lands for Road Purposes |
11 | and to Prevent Contamination |
12 | Section 278. Sections 2441 and 2442 of the act are amended |
13 | to read: |
14 | Section 2441. [Overflowing Roads] Prevention of |
15 | Contamination of Water Supply; Acquisition of Lands to |
16 | Reconstruct Roads.--[Whenever any borough, in supplying water to |
17 | the public, shall find it necessary, in storing water] (a) If a |
18 | borough finds it necessary, when storing water for supply to the |
19 | public, to occupy and overflow [with water] portions of any |
20 | public road with water, or whenever any public road leads into |
21 | or crosses over any reservoir used for the storage of water, the |
22 | borough shall [cause such road to be reconstructed, at its own |
23 | expense, on a favorable location, and in as perfect manner as |
24 | the original road, and, for such purposes is authorized to |
25 | condemn land, whenever an agreement as to the price cannot be |
26 | had with the owners.], at its own expense, reconstruct or build |
27 | a road in a favorable location and it shall be in the same or |
28 | better condition as the original road. A borough is authorized |
29 | to condemn land for these purposes if an agreement as to price |
30 | cannot be reached with the landowner. A condemnation of land |
|
1 | outside the borough limits shall be in conformity with 26 |
2 | Pa.C.S. § 206 (relating to extraterritorial takings). |
3 | (b) A borough may acquire, by purchase or condemnation, land |
4 | along and contiguous to streams of water or reservoirs from |
5 | which water is taken for public use if necessary to preserve the |
6 | water from contamination. |
7 | Section 2442. Filing Maps and Plans.--[After such] If a |
8 | change is made pursuant to section 2441(a), the borough shall |
9 | file in the court of [quarter sessions of the county] common |
10 | pleas a map or plan showing [such] the change of road, and if |
11 | the road is outside the limits of the borough, it shall furnish |
12 | to the [supervisors or other authorities of the township, or |
13 | municipal corporation] governing body of the municipal |
14 | corporation, a copy of [such] the map. |
15 | Section 279. Sections 2443 and 2444 of the act are repealed: |
16 | [Section 2443. Condemnation of Lands to Prevent |
17 | Contamination.--Any borough may acquire, by purchase or |
18 | condemnation, such land along and contiguous to the streams of |
19 | water or reservoirs from which water is taken for public use, as |
20 | may be necessary to preserve the same from contamination. |
21 | Section 2444. Condemnation Proceedings.--The damages |
22 | incurred in changing the location of any such public road, and |
23 | in condemning land to preserve water from contamination, shall |
24 | be ascertained in the manner provided in the law governing |
25 | eminent domain, and shall be paid by the borough.] |
26 | Section 280. Article XXIV subdivision(a)(7) heading of the |
27 | act is renumbered and amended to read: |
28 | [(7)] (a.6) Commission of [Waterworks] the Water System |
29 | Section 281. Sections 2451 and 2452 of the act, amended July |
30 | 11, 1996 (P.L.549, No.97), are amended to read: |
|
1 | Section 2451. Commission May Be Established.--Whenever any |
2 | borough owns and maintains [waterworks] a water system, there |
3 | may be established in [such] the borough, by ordinance, a |
4 | commission of [waterworks] the water system, which shall have |
5 | the power of a nonprofit corporation, to be composed of either |
6 | three or five citizens of the borough, appointed by the borough |
7 | council who shall be known as commissioners of [waterworks] the |
8 | water system. At any time after three years from the first |
9 | appointment of the commissioners of [waterworks] the water |
10 | system, the borough may abolish [such] the commission by |
11 | repealing the ordinance establishing the same[, and therefore], |
12 | which shall terminate the terms of the commissioners then in |
13 | office [shall terminate]. |
14 | Section 2452. Terms of Commissioners; Compensation.--(a) |
15 | [It] If a borough establishes a commission of the water system, |
16 | it shall be the duty of the borough council to appoint [such] |
17 | the commissioners of [waterworks] the water system. If there are |
18 | three commissioners, one shall be appointed to serve for one |
19 | year, one for two years, and one for three years[;], and |
20 | annually thereafter, the council shall appoint one commissioner |
21 | of [waterworks] the water system to serve a term of three years. |
22 | If there are five commissioners, one shall be appointed to serve |
23 | for one year, one for two years, one for three years, one for |
24 | four years and one for five years[;], and annually thereafter, |
25 | the council shall appoint one commissioner of [waterworks] the |
26 | water system to serve a term of five years. [The terms of |
27 | commissioners of waterworks in office on the effective date of |
28 | this act shall terminate on the effective date of this act.] In |
29 | case of a vacancy, the council shall fill the same for the |
30 | unexpired term. [Such] The commissioners of [waterworks] the |
|
1 | water system may receive a salary for their services and shall |
2 | be reimbursed by the borough for all expenses necessarily |
3 | incurred in the performance of their [duty] duties. |
4 | (b) The salary of the commissioners shall not exceed in |
5 | service areas with fewer than five thousand metered accounts a |
6 | maximum of one thousand eight hundred seventy-five dollars |
7 | ($1875) per year or one hundred fifty-six dollars and twenty- |
8 | five cents ($156.25) per month; in service areas with five |
9 | thousand but fewer than ten thousand metered accounts, a maximum |
10 | of two thousand five hundred dollars ($2500) per year or two |
11 | hundred and eight dollars and thirty-three cents ($208.33) per |
12 | month; in service areas with ten thousand but fewer than fifteen |
13 | thousand metered accounts, a maximum of three thousand two |
14 | hundred and fifty dollars ($3250) per year or two hundred and |
15 | seventy dollars and eighty-three cents ($270.83) per month; in |
16 | service areas with fifteen thousand but fewer than twenty-five |
17 | thousand metered accounts, a maximum of four thousand one |
18 | hundred and twenty-five dollars ($4125) per year or three |
19 | hundred and forty-three dollars and seventy-five cents ($343.75) |
20 | per month; in service areas with twenty-five thousand but fewer |
21 | than thirty-five thousand metered accounts, a maximum of four |
22 | thousand three hundred seventy-five dollars ($4375) per year or |
23 | three hundred sixty-four dollars and fifty-eight cents ($364.58) |
24 | per month; and in service areas with thirty-five thousand or |
25 | more metered accounts, a maximum of five thousand dollars |
26 | ($5000) per year or four hundred and sixteen dollars and sixty- |
27 | seven cents ($416.67) per month. |
28 | Section 282. Sections 2453, 2454, 2455, 2456, 2457 and 2458 |
29 | of the act are amended to read: |
30 | Section 2453. Organization of Commissioners.--It shall be |
|
1 | the duty of the commissioners of [waterworks] the water system |
2 | to meet within ten days after their first appointment, and |
3 | annually thereafter, and organize by electing a president and |
4 | secretary. |
5 | Section 2454. Powers of Commission.--After organization, the |
6 | commissioners shall take charge and control of the [waterworks] |
7 | water system of [such] the borough. The commission shall have |
8 | power to appoint all necessary officers and agents, and take |
9 | from [them such] the officers and agents security for the |
10 | faithful performance of their [duty] duties as [they] the |
11 | commission shall deem proper[; and], to fix the salaries and |
12 | wages of [such] the officers and agents[;], to provide for the |
13 | repair, extension, improvement and maintenance of [such |
14 | waterworks] the water system, and the [erection] construction of |
15 | a new [waterworks;] water system, to collect water rents and to |
16 | make and establish the rates and conditions upon which water |
17 | will be furnished to applicants [therefor], subject to any |
18 | applicable approval, regulation or control imposed by 66 Pa.C.S. |
19 | Pt. I (relating to Public Utility Code) and to make bylaws and |
20 | regulations for the economic and efficient management of [such |
21 | waterworks] the water system, which shall not be inconsistent |
22 | with any of the laws of the Commonwealth, or the rules and |
23 | regulations of the [Sanitary Water Board or the Water and Power |
24 | Resources Board of the Commonwealth] Department of Environmental |
25 | Protection. No such bylaws or regulations shall become effective |
26 | until they have been approved by the borough council and enacted |
27 | as ordinances of the borough. |
28 | Section 2455. Issue of Bonds.--The borough may, upon the |
29 | request of the commissioners of [waterworks] the water system, |
30 | issue general obligation or non-debt revenue bonds for the |
|
1 | extension of the [waterworks] water system or the erection of a |
2 | new [waterworks. Such] water system. The bonds shall be |
3 | designated ["waterworks] "water system bonds" and shall be |
4 | issued and sold in the manner provided by [the Municipal |
5 | Borrowing Law] 53 Pa.C.S. Pt. VII Subpt. B (relating to |
6 | indebtedness and borrowing). |
7 | Section 2456. Plans and Specifications for the Improvements; |
8 | Contracts.--The commissioners shall prepare plans and |
9 | specifications of all work to be performed and materials |
10 | necessary for the repair, maintenance, and extension of [such |
11 | waterworks] the water system, or the [erection] construction of |
12 | a new [waterworks; and] water system. The commissioners shall, |
13 | after plans and specifications for the extension or the |
14 | [erection] construction of [waterworks have] a water system has |
15 | been submitted to and approved by the [Sanitary Water Board] |
16 | Department of Environmental Protection, and a permit granted |
17 | [therefor by the board] as may be required by law, invite |
18 | proposals for the performing of [such] the work and the |
19 | furnishing of [such] materials[;], and shall let contracts |
20 | [therefor] to the lowest responsible bidder, and shall take |
21 | adequate security for the performance of all such contracts and |
22 | for the payment of all labor and materials. |
23 | Section 2457. Reports by Commission.--The commissioners |
24 | shall make a monthly report to the borough council of the |
25 | receipts and disbursements during the preceding month, and |
26 | annually make a detailed report of the condition of the |
27 | [waterworks, which shall be published or otherwise made |
28 | available by the council for the information of the public.] |
29 | water system. Both the monthly and annual reports shall be |
30 | deemed to be public records. |
|
1 | Section 2458. Care of Funds.--[The commissioners shall cause |
2 | all moneys collected to be deposited weekly, by the collectors,] |
3 | Collectors shall be appointed by the commissioners, pursuant to |
4 | section 2454, who shall collect all moneys for water rents. The |
5 | moneys collected shall be deposited weekly with the borough |
6 | treasurer, who shall return a receipt [therefor] to the |
7 | commissioners. All moneys [so] collected shall be kept in a |
8 | separate fund, and shall be used for the purpose of repairing, |
9 | maintaining and extending [such waterworks] the water system, |
10 | and the [erection] construction of a new [waterworks] water |
11 | system. All moneys remaining after [such] the expenditures shall |
12 | be used solely for the payment of any indebtedness on [said |
13 | waterworks] the water system and any indebtedness incurred by |
14 | the borough for constructing, maintaining, improving, enlarging |
15 | or extending [said waterworks] the water system. [Said moneys |
16 | shall be used for no purpose other than as provided in this |
17 | section.] No money shall be drawn from [such] the fund except |
18 | upon order countersigned by the president and secretary of the |
19 | commission. |
20 | Section 283. Article XXIV subdivision (a)(8) heading of the |
21 | act is renumbered and amended to read: |
22 | [(8)] (a.7) Water Connections |
23 | Section 284. Sections 2461, 2462 and 2463 of the act are |
24 | amended to read: |
25 | Section 2461. Ordinances to Require Water Connections.--[Any |
26 | borough supplying water for the use of the public within such |
27 | borough, in any manner mentioned in section 2401 of this act,] |
28 | (a) Borough council may, by ordinance, require any owner of |
29 | property [abutting upon any street in which there is a water |
30 | main constructed or acquired by the borough, to make connections |
|
1 | with such water line, for the purpose of conducting water to |
2 | such property. The borough may by penalties enforce any |
3 | regulation it may ordain with reference to such water |
4 | connections.] to connect with and use a water system of the |
5 | borough or municipal authority or a joint water board in either |
6 | of the following cases: |
7 | (1) Except as provided in subsection (b), if the property |
8 | owner's principal building is located within one hundred fifty |
9 | feet of a water system or any part or extension of the system. |
10 | (2) If the property owner's principal building has no supply |
11 | of water which is safe for human consumption. |
12 | (b) A property owner who, after the effective date of this |
13 | subsection, is subject to mandatory connection pursuant to |
14 | subsection (a)(1) shall not be required to connect to the water |
15 | system pursuant to that subsection if all of the following |
16 | conditions exist: |
17 | (1) The water system or part or extension of the system that |
18 | is within one hundred fifty feet of the principal building was |
19 | in existence on the effective date of this subsection. |
20 | (2) The principal building has its own supply of water which |
21 | is safe for human consumption. |
22 | (3) Prior to the effective date of this subsection, the |
23 | property owner was not required to connect to the existing |
24 | system. |
25 | (c) A borough may also require any owner of property to |
26 | install and maintain a backflow prevention device based on the |
27 | degree of potential hazard of the connected property. |
28 | (d) A borough may assess penalties for the violation of |
29 | ordinances pertaining to water connections or backflow |
30 | prevention devices. |
|
1 | Section 2462. Notice of Ordinance; Failure to Comply With |
2 | Ordinance.--The owner shall be given at least forty-five days' |
3 | notice of any ordinance requiring [such] a water connection, |
4 | and, upon failure of [such] the owner to make [such] the |
5 | required connection, the borough may make the [same] connection, |
6 | and collect the cost [thereof] from the owner by a municipal |
7 | claim or in an action of assumpsit. All connections required |
8 | shall be uniform. |
9 | Section 2463. Water Main Tapping Fees.--Any borough may, by |
10 | ordinance, provide for charging a tapping fee calculated in |
11 | accordance with 53 Pa.C.S. § 5607 (relating to purposes and |
12 | powers) whenever the owner of any property connects [such] the |
13 | property with a water main constructed or acquired by the |
14 | borough[, which]. The tapping fee shall be in addition to any |
15 | charges assessed and collected against [such] the property in |
16 | the construction or acquisition of [such] the water main by the |
17 | borough. Whenever a water main or part or extension [thereof] |
18 | owned by a borough has been constructed by the borough at the |
19 | expense of a private person or corporation or has been |
20 | constructed by a private person or corporation under the |
21 | supervision of the borough at the expense of the private person |
22 | or corporation, the borough shall have the right to charge a |
23 | tapping fee calculated in accordance with 53 Pa.C.S. § 5607 and |
24 | refund [said] the tapping fee or any part [thereof] of the |
25 | tapping fee to the person or corporation who has paid for the |
26 | construction of [said] the water main or any part or extension |
27 | [thereof]. The total of [said] the refunds shall never exceed |
28 | the cost of [said] the system or any part or extension [thereof] |
29 | to the person or corporation paying for the construction |
30 | [thereof]. |
|
1 | Section 285. Article XXIV subdivision (b) heading of the act |
2 | is repealed: |
3 | [(b) Manufacture and Supply of Electricity] |
4 | Section 286. Section 2471 of the act, amended December 16, |
5 | 1992 (P.L.1215, No.158), is repealed: |
6 | [Section 2471. Manufacture and Purchase of Electricity.--Any |
7 | borough may manufacture or purchase electricity for the use of |
8 | the inhabitants of such borough. Any borough owning or operating |
9 | electric light plants may make contracts for supplying |
10 | electricity for commercial purposes outside the limits of such |
11 | borough, with the consent of the municipal and township |
12 | authorities. Nothing in this section shall conflict with the |
13 | corporate rights of any corporation empowered to supply |
14 | electricity in territory adjacent to such boroughs, or with the |
15 | rights of any other borough. No person, firm, or corporation |
16 | shall introduce electric current for light, heat, or power |
17 | purposes, without the consent of the borough authorities, into |
18 | the limits of any borough which is furnishing electric current |
19 | to the inhabitants: Provided, however, That this section shall |
20 | not apply to any person, firm, or corporation manufacturing |
21 | electricity exclusively for its own use: And provided further, |
22 | That any borough which constructs an electric light plant, or |
23 | purchases the property of any person, copartnership, or electric |
24 | light company, and incurs debt for any of such purposes, shall |
25 | incur such debt in accordance with and to the extent permitted |
26 | by the act of July 12, 1972 (P.L.781, No.185), known as the |
27 | "Local Government Unit Debt Act." Nothing in this act shall be |
28 | construed so as to disallow any borough from operating a cable |
29 | television system.] |
30 | Section 287. Sections 2471.1 and 2471.2 of the act, added |
|
1 | December 30, 1982 (P.L.1465, No.333), are repealed: |
2 | [Section 2471.1. Operation of Electric Plants.--(a) The |
3 | following words and phrases when used in this section shall |
4 | have, unless the context clearly indicates otherwise, the |
5 | meanings given to them in this subsection: |
6 | (1) "Project" means any electric plants, hydroelectric plant |
7 | works, system, facilities, or real or personal property, |
8 | together with all parts thereof and appurtenances thereto, used |
9 | or useful in connection with the generation, production, |
10 | transmission, purchase, sale, exchange or interchange of |
11 | electric power or energy, or any interest therein or right to |
12 | capacity thereof. |
13 | (2) "Revenue bond" means an instrument imposing an |
14 | obligation for the repayment of money borrowed, payable as to |
15 | both principal and interest exclusively from the income and |
16 | revenues derived from an interest in an electric light plant or |
17 | project. |
18 | (b) A borough may own, construct, acquire by lease, purchase |
19 | or otherwise gain an interest as co-owner or tenant in common |
20 | and operate and manage or cause to be operated and managed an |
21 | electric light plant or project located within or without this |
22 | Commonwealth jointly with any other borough, political |
23 | subdivision, subdivision of the Federal Government, State, |
24 | political subdivision of another state, private corporation |
25 | empowered to supply electricity, electric cooperative |
26 | corporation formed under the act of June 21, 1937 (P.L.1969, |
27 | No.389), known as the "Electric Cooperative Corporation Act," or |
28 | electric cooperative corporation in another state. |
29 | (c) A borough which jointly owns, constructs, leases, |
30 | purchases or otherwise gains an interest in an electric light |
|
1 | plant or project shall have the power to do and accomplish all |
2 | actions reasonably necessary and incident to the administration, |
3 | operation and management of the plant or project. This power |
4 | shall be vested in the corporate authorities: Provided, however, |
5 | That a borough shall not become a stockholder in, obtain or |
6 | appropriate money for or loan its credit to any corporation, |
7 | association, institution or individual or otherwise act contrary |
8 | to the provisions of section 9 of Article IX of the Constitution |
9 | of Pennsylvania. In addition to the powers enjoyed by all |
10 | boroughs, a borough which gains an interest in an electric light |
11 | plant or project under subsection (b) shall have the following |
12 | powers: |
13 | (1) to cooperate with private power companies, other |
14 | boroughs, electric cooperative corporations and other public or |
15 | private electric power entities, inside and outside of this |
16 | Commonwealth, in the development of electric power and energy; |
17 | (2) to make such studies as may be necessary to determine |
18 | the feasibility and cost of any additional sources and supplies |
19 | of electric power and energy; |
20 | (3) to contract for the purchase, sale, exchange, |
21 | interchange, wheeling, pooling or transmission of electric power |
22 | and energy or for the right to the capacity thereof, inside and |
23 | outside of this Commonwealth, to and from any public or private |
24 | power entities, private power companies, other boroughs and |
25 | electric cooperative corporations; |
26 | (4) to procure insurance against any losses in connection |
27 | with its property, operations or assets in such amounts and from |
28 | such insurers as the corporate authorities deem desirable; |
29 | (5) to contract for and to accept any gifts or grants or |
30 | loans of funds or property or financial or other aid in any form |
|
1 | from the United States of America or any agency or |
2 | instrumentality thereof, or from any other source; |
3 | (6) to grant the use, by lease or otherwise, and to make |
4 | charges for the use, of any property or facility owned or |
5 | controlled by it; |
6 | (7) to procure from the United States of America or any |
7 | agency or instrumentality thereof, or from any state or agency |
8 | or instrumentality thereof, any consents, authorizations or |
9 | approvals which may be requisite to enable ownership, operation, |
10 | construction or repair; |
11 | (8) to borrow money and from time to time to issue revenue |
12 | bonds, and to enter into agreements with the purchasers of such |
13 | revenue bonds; and |
14 | (9) to mortgage any property acquired or owned under |
15 | subsection (b) to secure the payment of its revenue bonds, or |
16 | other obligations issued to finance such acquisition, ownership |
17 | or repair. |
18 | (d) In the erection and extension of an electric light plant |
19 | or project under subsection (b) and for all other purposes |
20 | authorized by this act, a borough may enter upon, appropriate, |
21 | injure, or destroy private lands, property or material according |
22 | to the proceedings set forth in the law governing eminent |
23 | domain: Provided, however, That a borough shall not have the |
24 | power of condemnation with regard to any property of a private |
25 | or public retail electric supplier which geographically lies |
26 | beyond the boundaries of the corporate limits of the borough. |
27 | (e) A borough which gains an interest in an electric light |
28 | plant or project under subsection (b) may fix, establish, |
29 | maintain and collect or authorize by contract or otherwise the |
30 | establishment, levying and collection of such rates, fees, |
|
1 | rental or other charges, including connection charges, for the |
2 | services afforded by or in connection with any properties which |
3 | it constructs, erects, owns, acquires, operates or manages, and |
4 | for the sale or transmission of electric energy and power as it |
5 | may deem necessary, proper, desirable and reasonable. |
6 | (f) A borough which gains an interest in an electric light |
7 | plant or project under subsection (b) may pay all or part of the |
8 | cost therefor from the revenues derived from the sale of revenue |
9 | bonds issued in the manner provided by the act of July 12, 1972 |
10 | (P.L.781, No.185), known as the "Local Government Unit Debt |
11 | Act." |
12 | (g) Interest and principal paid on revenue bonds issued by a |
13 | borough under subsection (f) shall be exempt from all State |
14 | taxes of whatsoever kind or nature. |
15 | Section 2471.2. Municipal Power Agencies.--(a) The |
16 | following words and phrases when used in this section shall |
17 | have, unless the context clearly indicates otherwise, the |
18 | meanings given to them in this subsection: |
19 | (1) "Municipal power agency" means a separate body politic |
20 | and corporate under the laws of the Commonwealth of Pennsylvania |
21 | created by agreement between or among two or more boroughs |
22 | pursuant to this section. |
23 | (2) "Project" means any electric plant or plants, |
24 | hydroelectric plant works, system, facilities or real or |
25 | personal property, together with all parts thereof and |
26 | appurtenances thereto, used or useful in connection with the |
27 | generation, production, transmission, purchase, sale, exchange |
28 | or interchange of electric power or energy, or any interest |
29 | therein or right to capacity thereof. |
30 | (3) "Revenue bond" means an instrument imposing an |
|
1 | obligation for the repayment of money borrowed, payable as to |
2 | both principal and interest exclusively from the income and |
3 | revenues derived from an interest in an electric light plant or |
4 | project. |
5 | (b) Any two or more boroughs may form a municipal power |
6 | agency by the execution of any agency agreement authorized by a |
7 | resolution of the corporate authorities of each borough. Such |
8 | agency agreement shall state: |
9 | (1) The name of the agency, which shall include the words |
10 | "municipal power agency." |
11 | (2) The names of the boroughs which have approved the agency |
12 | agreement and are initial members of the municipal power agency. |
13 | (3) That the municipal power agency is created pursuant to |
14 | the authority granted by this act. |
15 | (4) The names and addresses of the persons initially |
16 | appointed by the corporate authorities to act as representatives |
17 | to the municipal power agency from the member boroughs. |
18 | (5) The limitations, if any, placed on the powers or terms |
19 | of representatives appointed by the corporate authorities of the |
20 | member boroughs. |
21 | (6) The names and addresses of the initial board of |
22 | directors of the municipal power agency, if known by the time of |
23 | filing, which shall be constituted by not less than five persons |
24 | who are representatives of the member boroughs, selected by the |
25 | vote of a majority of such representatives. |
26 | (c) The agency agreement referred to in subsection (b) and a |
27 | certified copy of the resolution of the corporate authorities of |
28 | each borough shall be filed for record with the Secretary of the |
29 | Commonwealth. If the agency agreement meets the requirements of |
30 | this subsection, the Secretary of the Commonwealth shall record |
|
1 | it and issue and record a certificate of incorporation which |
2 | shall be conclusive proof of a substantial compliance with the |
3 | requirements of this subsection. The certificate shall state the |
4 | name of the municipal power agency and the fact and date of |
5 | incorporation. Upon the issuance of the certificate of |
6 | incorporation the existence of the municipal power agency as a |
7 | political instrumentality of the Commonwealth shall begin. |
8 | (d) The bylaws of the municipal power agency and any |
9 | amendments thereto, shall be proposed by the board of directors |
10 | and shall be adopted by a majority vote of the representatives |
11 | of the member boroughs, unless the agency agreement requires a |
12 | greater vote, at a meeting held after notice. Subject to the |
13 | provisions of the agency agreement, the bylaws shall state: |
14 | (1) the qualifications of member boroughs, and limitations, |
15 | if any, upon their number; |
16 | (2) conditions of membership, if any; |
17 | (3) manner and time of calling regular meeting of |
18 | representatives of member boroughs; |
19 | (4) manner and conditions of termination of membership; and |
20 | (5) such other provisions for regulating the affairs of the |
21 | municipal power agency as the representatives of the member |
22 | boroughs shall determine to be necessary. |
23 | (e) Every municipal power agency shall maintain an office in |
24 | this Commonwealth to be known as its registered office. When a |
25 | municipal power agency desires to change the location of its |
26 | registered office, it shall file with the Secretary of the |
27 | Commonwealth a certificate of change of location of registered |
28 | office, stating the new location by city, town or other |
29 | community and effective date of change. When the certificate of |
30 | change of location has been duly filed, the board of directors |
|
1 | may make the change without any further action. |
2 | (f) Each of the directors shall hold office for the term for |
3 | which he has been selected and until a successor has been |
4 | selected and has qualified. Directors shall discharge their |
5 | duties in good faith, and with that diligence and care which an |
6 | ordinary prudent person in a like position would exercise under |
7 | similar circumstances. The agency agreement, or the bylaws may |
8 | prescribe the number, term of office, powers, authority and |
9 | duties of directors, the time and place of their meetings and |
10 | other regulations concerning directors. Except where the agency |
11 | agreement or bylaws prescribe otherwise, the term of office of a |
12 | director shall be for one year. Except where the agency |
13 | agreement or bylaws prescribe otherwise, a meeting of the board |
14 | of directors may be held at any place, within the Commonwealth, |
15 | designated by the board, after notice, and an act of the |
16 | majority of the directors present at a meeting at which a quorum |
17 | is present is the act of the board. Except where the agency |
18 | agreement or bylaws prescribe otherwise, any vacancy occurring |
19 | on the board shall be filled by a person nominated by the |
20 | remaining members of the board and elected by a majority of |
21 | representatives of the member boroughs. |
22 | (g) Except where the agency agreement or bylaws prescribe |
23 | otherwise, the board of directors shall appoint a president from |
24 | its membership, and a secretary and treasurer, and any other |
25 | officers or agents deemed to be necessary, who may but need not |
26 | be borough representatives or directors. An officer may be |
27 | removed with or without cause by the board of directors. |
28 | Officers of the municipal power agency shall have the authority |
29 | and duties in the management of the business of the municipal |
30 | power agency that the agency agreement or bylaws prescribe, or, |
|
1 | in the absence of such prescription, as the board of directors |
2 | determines. |
3 | (h) Except as otherwise provided in the agency agreement or |
4 | the bylaws, the duly authorized representatives of each member |
5 | borough shall act as, and vote on behalf of, such borough. |
6 | Except where the agency agreement or bylaws provide otherwise, |
7 | representatives of the member boroughs shall hold at least one |
8 | meeting each year for the election of directors and for the |
9 | transaction of any other business. Except where the agency |
10 | agreement or bylaws prescribe otherwise, special meetings of the |
11 | representatives may be called for any purpose upon written |
12 | request to the president or secretary to call the meeting. Such |
13 | officer shall give notice of the meeting to be held between ten |
14 | and sixty days after receipt of such request. Unless the agency |
15 | agreement or bylaws provide for a different percentage, a quorum |
16 | for a meeting of the representatives of the member boroughs is a |
17 | majority of the total members and a quorum for meetings of the |
18 | board of directors is a majority of the membership of such |
19 | board. |
20 | (i) The agency agreement may be amended as proposed at any |
21 | meeting of the representatives of the members for which notice, |
22 | stating the purpose, shall be given to each representative and, |
23 | unless the agency agreement or bylaws require otherwise, shall |
24 | become effective when ratified by resolutions of a majority of |
25 | the corporate authorities of the member boroughs. Each amendment |
26 | and the resolutions approving it shall be filed for record with |
27 | the Secretary of the Commonwealth. |
28 | (j) Each member borough shall have full power and authority, |
29 | within budgetary limits applicable to it, to appropriate money |
30 | for the payment of expenses of the formation of the municipal |
|
1 | power agency and of its representative in exercising its |
2 | functions as a member of the agency. |
3 | (k) A municipal power agency may own, construct, acquire by |
4 | lease, purchase or otherwise gain an interest by itself or as |
5 | co-owner or tenant in common and operate and manage or cause to |
6 | be operated and managed an electric light plant or project |
7 | located within or without this Commonwealth jointly with any |
8 | political subdivision, subdivision of the Federal Government, |
9 | State, political subdivision of another state, private |
10 | corporation empowered to supply electricity, electric |
11 | cooperative corporation formed under the act of June 21, 1937 |
12 | (P.L.1969, No.389), known as the "Electric Cooperative |
13 | Corporation Act," or electric cooperative corporation in another |
14 | state. |
15 | (l) All powers of a municipal power agency shall be |
16 | exercised by its board of directors, unless otherwise provided |
17 | by the agency agreement or bylaws. A municipal power agency |
18 | shall have the power to do and accomplish all actions reasonably |
19 | necessary and incident to the ownership, construction, |
20 | acquisition, administration, operation and management of an |
21 | electric light plant or project. Among the specific powers of a |
22 | municipal power agency shall be the following: |
23 | (1) to sue and be sued; |
24 | (2) to enter into contracts; |
25 | (3) to cooperate with private power companies, boroughs, |
26 | electric cooperative corporations and other public or private |
27 | electric power entities, inside and outside of this |
28 | Commonwealth, in the development of electric power and energy; |
29 | (4) to make such studies as may be necessary to determine |
30 | the feasibility and cost of any additional sources and supplies |
|
1 | of electric power and energy; |
2 | (5) to contract for the purchase, sale, exchange, |
3 | interchange, wheeling, pooling or transmission of electric power |
4 | and energy or for the right to the capacity thereof, inside and |
5 | outside of this Commonwealth, to and from any public or private |
6 | power entities, private power companies, other boroughs and |
7 | electric cooperative corporations; |
8 | (6) to procure insurance against any losses in connection |
9 | with its property, operations or assets in such amounts and from |
10 | such insurers as the board of directors deems desirable; |
11 | (7) to contract for and to accept any gifts or grants or |
12 | loans of funds or property or financial or other aid in any form |
13 | from the United States of America or any agency or |
14 | instrumentality thereof, or from any other source; |
15 | (8) to acquire, hold, use, operate and dispose of personal |
16 | property; |
17 | (9) to acquire, hold, use and dispose of its income, |
18 | revenues, funds and moneys; |
19 | (10) to acquire, own, use, lease, operate and dispose of |
20 | real property and interests in real property and to make |
21 | improvements thereon; |
22 | (11) to grant the use, by lease or otherwise, and to make |
23 | charges for the use, of any property or facility owned or |
24 | controlled by it; |
25 | (12) to procure from the United States of America or any |
26 | agency or instrumentality thereof, or from any state or agency |
27 | or instrumentality thereof, any consents, authorizations or |
28 | approvals which may be requisite to enable ownership, operation, |
29 | construction or repair; |
30 | (13) to borrow money and from time to time to issue revenue |
|
1 | bonds and to enter into agreements with the purchasers of such |
2 | revenue bonds; |
3 | (14) to invest funds not required for immediate use, |
4 | including but not limited to proceeds from the sale of revenue |
5 | bonds: Provided, however, That the power of a municipal power |
6 | agency to invest shall be the same as that of a borough, as |
7 | exercised by the borough council pursuant to clause (6) of |
8 | section 1005 and section 1316; and |
9 | (15) to mortgage any property acquired or owned to secure |
10 | the payment of its revenue bonds or other obligations issued to |
11 | finance such acquisition, ownership or repair. |
12 | (m) In the erection and extension of an electric light plant |
13 | or project, and for all other purposes authorized by this act, a |
14 | municipal power agency may enter upon, appropriate, injure or |
15 | destroy private lands, property or material according to the |
16 | proceedings set forth in the law governing eminent domain: |
17 | Provided, however, That a municipal power agency shall not have |
18 | the power of condemnation with regard to any property of a |
19 | private or public retail electric supplier which geographically |
20 | lies beyond the boundaries of the corporate limits of its member |
21 | boroughs. |
22 | (n) A municipal power agency which gains an interest in an |
23 | electric light plant or project may pay all or part of the cost |
24 | therefor from the revenues derived from the sale of revenue |
25 | bonds issued in the manner provided by the act of July 12, 1972 |
26 | (P.L.781, No.185), known as the "Local Government Unit Debt |
27 | Act." |
28 | (o) A municipal power agency may make and enforce bylaws or |
29 | rules which it deems necessary or desirable and may establish, |
30 | fix, levy and collect or may authorize, by contract, franchise, |
|
1 | lease or otherwise, the establishment, levying and collection |
2 | of, rents, rates and other charges for the services afforded by |
3 | the municipal power agency, including connection for the |
4 | services afforded by the municipal power agency, including |
5 | connection charges or by or in connection with any project or |
6 | properties which it may construct, erect, acquire, own, operate |
7 | or control, or with respect to which it may have any interest or |
8 | any right to capacity thereof and for the sale of electric |
9 | energy or of generation or transmission capacity or services as |
10 | it may deem necessary, proper, desirable and reasonable. Rents, |
11 | rates and other charges shall be at least sufficient to meet |
12 | expenses thereof, including reasonable reserves, interest and |
13 | principal payments. |
14 | (p) Interest and principal paid on revenue bonds, issued by |
15 | a municipal power agency shall be exempt from all State taxes of |
16 | whatsoever kind or nature.] |
17 | Section 288. Section 2471.3 of the act, added October 27, |
18 | 2010 (P.L.862, No.87), is repealed: |
19 | [Section 2471.3. Additional Contracting Authority for |
20 | Electric Power and Energy.--(a) In addition to the authority |
21 | provided under section 2471, a borough that, on the effective |
22 | date of this section, owns or operates electric generation or |
23 | distribution facilities and a borough that is a member of a non- |
24 | profit membership corporation may contract with the non-profit |
25 | membership corporation for the following: |
26 | (1) The development of electric power and associated energy, |
27 | including the conduct of investigations or studies necessary to |
28 | determine the feasibility and cost of additional sources and |
29 | supplies of electric power and associated energy. |
30 | (2) The purchase, sale, exchange, interchange, wheeling, |
|
1 | pooling or transmission of electric power and associated energy |
2 | or the right to the capacity from sources and projects in this |
3 | Commonwealth or another state for a period not to exceed fifty |
4 | years. |
5 | (b) A contract under subsection (a)(2) shall include the |
6 | purpose of the contract, the duration of the contract and |
7 | available procedures to terminate the contract subsequent to the |
8 | repayment of all indebtedness secured under the contract. |
9 | (c) If a borough is a member of a non-profit membership |
10 | corporation, a contract under subsection (a)(2) may, if |
11 | specifically set forth in the contract, obligate the borough to: |
12 | (1) take and pay for a minimum quantity of electric power |
13 | and associated energy if the power and energy is available for |
14 | delivery; |
15 | (2) in connection with a project owned by the non-profit |
16 | membership corporation or in which the non-profit membership |
17 | corporation obtains an undivided ownership interest, to take or |
18 | pay for a minimum amount of electric power and energy; or |
19 | (3) pay for electric power and energy only if utilized by |
20 | the borough. |
21 | (d) (1) The authority under subsection (c)(1) shall apply |
22 | whether or not the borough accepts delivery of the power and |
23 | energy. |
24 | (2) The authority under subsection (c)(2) shall apply |
25 | notwithstanding the suspension, interruption, interference or |
26 | reduction or curtailment of the output of the project or the |
27 | electric power and energy contracted for and whether or not: |
28 | (i) the electric power and energy is available for delivery |
29 | to the borough; or |
30 | (ii) the borough accepts delivery of the electric power and |
|
1 | energy. |
2 | (e) No borough may be obligated under a take-or-pay or take- |
3 | and-pay arrangement entered into with a non-profit membership |
4 | corporation in which the borough maintains membership unless |
5 | that obligation is expressly authorized by an act of the borough |
6 | council. |
7 | (f) A non-profit membership corporation shall not: |
8 | (1) condition membership in the non-profit membership |
9 | corporation on the inclusion of any take-or-pay or take-and-pay |
10 | obligations in a contract under subsection (a)(2); or |
11 | (2) except as set forth in subsection (g), require take-or- |
12 | pay or take-and-pay obligations in a contract with a borough |
13 | unless the contract meets the criteria of subsection (c)(1) or |
14 | (2). |
15 | (g) A borough which is a member of a non-profit membership |
16 | corporation may enter into future power supply contracts, |
17 | contract renewals or contract extensions with the non-profit |
18 | membership corporation under subsection (c)(3): |
19 | (1) with no take-or-pay or take-and-pay obligations as |
20 | permitted by subsection (c)(1) and (2); and |
21 | (2) without prejudice or discrimination as compared to any |
22 | other borough which chooses to enter into contracts permitted by |
23 | subsection (c)(1) and (2) with the non-profit membership |
24 | corporation. |
25 | (h) In order to carry out subsection (g), a non-profit |
26 | membership corporation which provides or offers electric power |
27 | and associated energy to a member borough in this Commonwealth |
28 | under subsection (a)(2) shall offer, to all of its member |
29 | boroughs in this Commonwealth, future power supply contract |
30 | terms, contract renewals or contract extensions under subsection |
|
1 | (c)(3) on a comparable and nondiscriminatory basis and with |
2 | similar terms and conditions to future power supply contract |
3 | terms, contract renewals or contract extensions that would be |
4 | appropriate under subsection (c)(3) which the non-profit |
5 | membership corporation contemporaneously offers to its members |
6 | in other states. |
7 | (i) All obligations under a contract under subsection (a)(2) |
8 | shall be paid from revenues derived from the operation of the |
9 | borough's electric system, and payments shall be an operating |
10 | expense of the borough's electric system. |
11 | (j) If explicitly set forth in a contract under subsection |
12 | (a)(2), a borough may agree to assume, prorate or otherwise |
13 | become liable for the obligations of another borough of this |
14 | Commonwealth or of a political subdivision of another state that |
15 | is a member of the non-profit membership corporation if the |
16 | borough or other political subdivision defaults in the payment |
17 | of its obligations for the purchase of the electric power and |
18 | associated energy. The contract may include provisions to permit |
19 | a borough to succeed to the rights and interests of the |
20 | defaulting borough or political subdivision to purchase electric |
21 | power and associated energy. A borough's liability for the |
22 | obligations of a defaulting borough of this Commonwealth or a |
23 | political subdivision of another state shall not exceed twenty- |
24 | five percent of a borough's initial nominal entitlement to |
25 | electric power and associated energy under the contract. |
26 | (k) None of the obligations under the contract shall |
27 | constitute a legal or equitable pledge, charge, lien or |
28 | encumbrance on any property of the borough or on any of its |
29 | income, receipts or revenues, except revenues of its electric |
30 | system. The full faith and credit and the taxing power of the |
|
1 | borough shall not be pledged for the payment of an obligation |
2 | under the contract. |
3 | (l) The provisions of this section are intended to add to |
4 | the powers and rights of a borough, and nothing in this section |
5 | shall be construed to limit either the general or specific |
6 | powers or rights of a borough set forth in this act. |
7 | (m) As used in this section, the term "non-profit membership |
8 | corporation" means an entity the membership of which: |
9 | (1) consists solely of Pennsylvania boroughs, such as a |
10 | consortium, buying group or municipal power agency under section |
11 | 2471.2; or |
12 | (2) consists of Pennsylvania boroughs and political |
13 | subdivisions of another state or states.] |
14 | Section 289. Sections 2472, 2473, 2474, 2475 and 2476 of the |
15 | act are repealed: |
16 | [Section 2472. May Regulate Use and Prices.--Any borough |
17 | furnishing electricity may regulate the use of electricity in |
18 | dwellings, business places, and other places in such borough, |
19 | and the rate to be charged for the same. |
20 | Section 2473. Sale of Electric Light Works.--By ordinance, a |
21 | borough may sell all or part of its electric light works to a |
22 | purchaser for such sale price as the parties may agree upon, and |
23 | thereafter for all purposes that price shall be deemed to be the |
24 | purchaser's original cost less accrued depreciation of the plant |
25 | at the date of purchase. |
26 | Section 2474. Purchase of Electric Light Works.--Whenever |
27 | any person, copartnership, or any electric light company |
28 | organized under the laws of the Commonwealth, is furnishing |
29 | light to any borough or the public within such borough, such |
30 | borough may purchase the works of such person, copartnership, or |
|
1 | corporation, at such price as may be agreed upon by the borough |
2 | and such person or copartnership, or a majority in value of the |
3 | stockholders of such corporation. |
4 | Section 2475. Petition for Viewers.--Upon failure so to |
5 | agree on purchase price the borough may present a petition to |
6 | the court of common pleas, asking for the appointment of viewers |
7 | to assess the value of the plant and works so proposed to be |
8 | purchased whereupon the court shall appoint three viewers from |
9 | the county board of viewers, neither of whom shall be interested |
10 | in such works, or be stockholders in such corporation, or |
11 | taxpayers in such borough, and shall appoint a time for their |
12 | meeting, of which ten days' notice shall be given to all parties |
13 | in interest. |
14 | Section 2476. Duty of Viewers.--The viewers, having been |
15 | sworn or affirmed justly and impartially to appraise the |
16 | property, and having viewed the premises and taken such |
17 | testimony as may be offered by any party touching the value of |
18 | the property and franchises, they shall determine the amount of |
19 | damages that such person, copartnership, or corporation will |
20 | sustain, and to whom payable, and make report thereof to the |
21 | court; which report shall be confirmed "nisi" by the court, and |
22 | if no appeal is taken as hereinafter provided, shall be |
23 | confirmed absolutely.] |
24 | Section 290. Section 2477 of the act, repealed in part June |
25 | 3, 1971 (P.L.118, No.6), is repealed: |
26 | [Section 2477. Appeal from Report; Trial by Jury.--Either |
27 | party may, at any time within thirty days after the confirmation |
28 | "nisi" of any such report, appeal therefrom to the court of |
29 | common pleas of the county. After such appeal, either party may |
30 | put the cause at issue, in the form directed by the court, and |
|
1 | the same shall be tried before a jury.] |
2 | Section 291. Sections 2478 and 2479, Article XXIV |
3 | subdivision (c) heading, section 2481, subdivision (d) heading |
4 | and sections 2491, 2492 and 2493 of the act are repealed: |
5 | [Section 2478. Exceptions to Report.--If any exceptions are |
6 | filed with any appeal, they shall be speedily disposed of, and, |
7 | if allowed, a new view shall be ordered; but if disallowed, the |
8 | appeal shall proceed as before provided. |
9 | Section 2479. Notices.--The court shall have power to order |
10 | what notice shall be given in connection with any part of such |
11 | proceedings. |
12 | (c) Operation of Gas Wells; Gas Works |
13 | Section 2481. Authority to Purchase Natural Gas Well.--Any |
14 | borough shall have authority to purchase, own, use, operate and |
15 | control any natural gas well, or wells, for the purpose of |
16 | supplying natural gas for its own municipal purposes. |
17 | (d) Airports |
18 | Section 2491. Authority to Secure Lands for Airports.--Any |
19 | borough is hereby authorized and empowered to acquire, by lease |
20 | or purchase, any land, lying either within or without the limits |
21 | of such borough, which, in the judgment of the council thereof, |
22 | may be necessary and desirable for the purpose of establishing |
23 | and maintaining municipal airport facilities. The proceedings |
24 | for the condemnation of land under the provisions of this |
25 | subdivision, and for the assessment of damages for property |
26 | taken, injured or destroyed, shall be conducted in the manner |
27 | provided by the law governing eminent domain. The title acquired |
28 | by the borough exercising the power of condemnation shall be a |
29 | title in fee simple. |
30 | Section 2492. Authority to Establish Airports and Lease the |
|
1 | Same.--Any borough, acquiring land under the provisions of this |
2 | subdivision, is authorized and empowered to establish, equip, |
3 | condition, operate and maintain the same as a municipal airport, |
4 | and may lease the same, or any part thereof, to any individual |
5 | or corporation desiring to use the same for aviation purposes; |
6 | and any borough may enter into a contract, in the form of a |
7 | lease, providing for the use of said land, or any part thereof, |
8 | by the Government of the United States, for the use by said |
9 | Government of said land for aviation purposes upon nominal |
10 | rental or without consideration. |
11 | Section 2493. Joint Airports.--Any borough, acquiring land |
12 | under the provisions of this subdivision, is authorized and |
13 | empowered to acquire, by lease or purchase, land for aviation |
14 | purposes, as hereinbefore provided, jointly with any county, |
15 | city, borough, township, or political subdivision of this |
16 | Commonwealth, and is hereby authorized and empowered to operate |
17 | and maintain said airport, jointly, with any county, city, |
18 | borough, township, or other political subdivision of this |
19 | Commonwealth, upon such terms and conditions as may be agreed |
20 | upon between the proper authorities of the county, city, |
21 | borough, township, or other political subdivision of this |
22 | Commonwealth.] |
23 | Section 292. The act is amended by adding an article to |
24 | read: |
25 | ARTICLE XXIV-A |
26 | MANUFACTURE AND SUPPLY OF ELECTRICITY |
27 | Section 2401-A. Definitions. |
28 | The following words and phrases when used in this article |
29 | shall have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
|
1 | "Municipal power agency." A separate body politic and |
2 | corporate under the laws of this Commonwealth created by |
3 | agreement between or among two or more boroughs pursuant to |
4 | section 2404-A. |
5 | "Project." Electric plants, hydroelectric plant works, |
6 | system, facilities or real or personal property, together with |
7 | their parts and appurtenances, used or useful in connection with |
8 | the generation, production, transmission, purchase, sale, |
9 | exchange or interchange of electric power or energy, or any |
10 | interest therein or right to capacity thereof. |
11 | "Revenue bond." An instrument imposing an obligation for the |
12 | repayment of money borrowed, payable as to both principal and |
13 | interest exclusively from the income and revenues derived from |
14 | an interest in an electric plant or project. |
15 | Section 2402-A. General powers. |
16 | (a) Electric plants and projects.--A borough may, either |
17 | singly or jointly, manufacture or purchase electricity for the |
18 | use of its inhabitants, own, construct, acquire by lease, |
19 | purchase or otherwise gain an interest in, operate and manage or |
20 | cause to be operated and managed, an electric plant or project |
21 | located within or without this Commonwealth. In the exercise of |
22 | any of the foregoing powers, a borough may join with any other |
23 | borough, political subdivision, agency or instrumentality of the |
24 | Federal Government, State government, political subdivision of |
25 | another state, private corporation empowered to supply |
26 | electricity, electric cooperative corporation formed under 15 |
27 | Pa.C.S. Ch. 73 Subchs. A (relating to preliminary provisions) |
28 | and B (relating to powers, duties and safeguards), or previously |
29 | formed under the act of June 21, 1937 (P.L.1969, No.389), known |
30 | as the Electric Cooperative Corporation Act (REPEALED 1990-198), |
|
1 | or electric cooperative corporation in another state. |
2 | (b) Contracts for supplying electricity.--A borough owning |
3 | or operating an electric plant may make contracts for supplying |
4 | electricity for commercial purposes outside the limits of the |
5 | borough, provided that the borough has received the consent of |
6 | the other municipal governing body and, if applicable, subject |
7 | to 66 Pa.C.S. Pt. I (relating to Public Utility Code). |
8 | (c) Additional sources.--A borough may conduct studies as |
9 | necessary to determine the feasibility and cost of any |
10 | additional sources and supplies of electric power and energy and |
11 | may cooperate with private power companies, other boroughs, |
12 | electric cooperative corporations and other public or private |
13 | electric power entities, within or without this Commonwealth, in |
14 | the development of electric power and energy. |
15 | (d) Consent of borough to supply electricity.--No person, |
16 | partnership or corporation may introduce electric current for |
17 | light, heat or power purposes, without the consent of the |
18 | borough council, into the limits of any borough that is |
19 | furnishing electric current to its inhabitants, provided, |
20 | however, that this subsection shall not apply to any person, |
21 | partnership or corporation manufacturing electricity exclusively |
22 | for its own use. |
23 | (e) Corporate rights.--Nothing in this article may conflict |
24 | with the corporate rights of any corporation empowered to supply |
25 | electricity in the territory adjacent to the borough, or with |
26 | the rights of any other municipality. |
27 | (f) Restrictions.--A borough shall not become a stockholder |
28 | in, obtain or appropriate money for or loan its credit to any |
29 | corporation, association, institution or individual or otherwise |
30 | act contrary to the provisions of section 9 of Article IX of the |
|
1 | Constitution of Pennsylvania. |
2 | (g) General powers.--A borough, through its governing body, |
3 | shall have the power to do and accomplish all actions reasonably |
4 | necessary and incident to the administration, operation and |
5 | management of a plant or project. |
6 | Section 2403-A. Specific powers. |
7 | (a) Specific powers enumerated.--In addition to exercising |
8 | its general powers under section 2402-A, a borough, through its |
9 | governing body, shall have the following powers: |
10 | (1) To contract for the purchase, sale, exchange, |
11 | interchange, wheeling, pooling or transmission of electric |
12 | power and energy or for the right to the capacity thereof, |
13 | inside and outside of this Commonwealth, to and from any |
14 | public or private power entities, private power companies, |
15 | other boroughs and electric cooperative corporations. |
16 | (2) To regulate the use of and the charge for |
17 | electricity furnished by the borough for use throughout the |
18 | borough. A borough may fix, establish, maintain and collect |
19 | or authorize by contract or otherwise the establishment, |
20 | levying and collection of the rates, fees, rental or other |
21 | charges, including connection charges, for the services |
22 | afforded by or in connection with any properties which the |
23 | borough constructs, erects, owns, acquires, operates or |
24 | manages, and for the sale or transmission of electric energy |
25 | and power as it deems necessary, proper, desirable and |
26 | reasonable. |
27 | (3) To procure insurance against any losses in |
28 | connection with its property, operations or assets in the |
29 | amounts and from such insurers as the governing body or |
30 | bodies deem desirable. |
|
1 | (4) To contract for and to accept any gifts, grants or |
2 | loans of funds or property, or financial or other aid in any |
3 | form from the United States of America or any agency or |
4 | instrumentality of the United States of America, or from any |
5 | other source. |
6 | (5) To lease, or otherwise grant the use of, and to make |
7 | charges for the use of any property or facility owned or |
8 | controlled by the borough. |
9 | (6) To procure from the United States of America or any |
10 | agency or instrumentality of the United States of America, or |
11 | from any state or agency or instrumentality of the State, any |
12 | consents, authorizations or approvals which may be requisite |
13 | to enable ownership, operation, construction or repair. |
14 | (7) To borrow money and from time to time to issue |
15 | revenue bonds, and to enter into agreements with the |
16 | purchasers of the revenue bonds. Any borough that incurs debt |
17 | for the construction or purchase of an electric plant, or |
18 | land on which to construct an electric plant, or gains an |
19 | interest in an electric plant or project under section 2402-A |
20 | shall incur the debt in accordance with and to the extent |
21 | permitted by 53 Pa.C.S. Pt. VII Subpt. B (relating to |
22 | indebtedness and borrowing). Interest and principal paid on |
23 | revenue bonds issued by a borough under this article shall be |
24 | exempt from all State taxes of whatsoever kind or nature. |
25 | (8) To mortgage any property acquired or owned under |
26 | section 2402-A to secure the payment of its revenue bonds or |
27 | other obligations issued to finance the acquisition, |
28 | ownership or repair. |
29 | (9) To sell, by ordinance, all or part of its electric |
30 | works to a purchaser for the sale price agreed upon by the |
|
1 | parties, and thereafter, for all purposes, that price shall |
2 | be deemed to be the purchaser's original cost less accrued |
3 | depreciation of the plant at the date of purchase. |
4 | (10) To purchase the electric works of any person, |
5 | partnership, or electric company organized under the laws of |
6 | this Commonwealth that is furnishing light to the borough or |
7 | the public within the borough. The borough and the person, |
8 | partnership or a majority in value of the stockholders of a |
9 | corporation, may agree upon the purchase price, but upon |
10 | failure of the parties to agree on the price, the borough may |
11 | proceed according to the laws of eminent domain. |
12 | (b) Eminent domain.--In the erection and extension of an |
13 | electric plant or project under this article, and for all other |
14 | purposes authorized by this act, a borough may enter upon, |
15 | appropriate, injure or destroy private lands, property or |
16 | material according to the proceedings set forth in 26 Pa.C.S. |
17 | (relating to eminent domain). A borough, however, shall not have |
18 | the power of condemnation with regard to any property of a |
19 | private or public retail electric supplier which geographically |
20 | lies beyond the boundaries of the corporate limits of the |
21 | borough. |
22 | Section 2404-A. Municipal power agencies. |
23 | (a) General rule.--Two or more boroughs may form a municipal |
24 | power agency by the execution of an agency agreement authorized |
25 | by a resolution of the governing bodies of each borough. The |
26 | agency agreement shall state: |
27 | (1) The name of the agency, which shall include the |
28 | words "municipal power agency." |
29 | (2) The names of the boroughs which have approved the |
30 | agency agreement and are initial members of the municipal |
|
1 | power agency. |
2 | (3) That the municipal power agency is created pursuant |
3 | to the authority granted by this act. |
4 | (4) The names and addresses of the persons initially |
5 | appointed by the governing bodies to act as representatives |
6 | to the municipal power agency from the member boroughs. |
7 | (5) The limitations, if any, placed on the powers or |
8 | terms of representatives appointed by the governing bodies of |
9 | the member boroughs. |
10 | (6) The names and addresses of the initial board of |
11 | directors of the municipal power agency, if known by the time |
12 | of filing, which shall be constituted by not less than five |
13 | persons who are representatives of the member boroughs, |
14 | selected by the vote of a majority of the representatives. |
15 | (b) Certificate of incorporation.--The agency agreement |
16 | under subsection (a) and a certified copy of the resolution of |
17 | the governing body of each borough shall be filed for record |
18 | with the Secretary of the Commonwealth. If the agency agreement |
19 | meets the requirements of this section, the Secretary of the |
20 | Commonwealth shall record the agreement and issue and record a |
21 | certificate of incorporation which shall be conclusive proof of |
22 | substantial compliance with the requirements of this section. |
23 | The certificate shall state the name of the municipal power |
24 | agency and the fact and date of incorporation. Upon the issuance |
25 | of the certificate of incorporation, the existence of the |
26 | municipal power agency as a political instrumentality of the |
27 | Commonwealth shall begin. |
28 | (c) Bylaws.--The bylaws of the municipal power agency and |
29 | any amendments, shall be proposed by the board of directors and |
30 | shall be adopted by a majority vote of the representatives of |
|
1 | the member boroughs, unless the agency agreement requires a |
2 | greater vote at a meeting held after notice. Subject to the |
3 | provisions of the agency agreement, the bylaws shall state: |
4 | (1) the qualifications of member boroughs, and |
5 | limitations, if any, upon their number; |
6 | (2) conditions of membership, if any; |
7 | (3) the manner and time of calling regular meetings of |
8 | representatives of member boroughs; |
9 | (4) the manner and conditions of termination of |
10 | membership; and |
11 | (5) such other provisions for regulating the affairs of |
12 | the municipal power agency as the representatives of the |
13 | member boroughs shall determine to be necessary. |
14 | (d) Registered office.--Every municipal power agency shall |
15 | maintain an office in this Commonwealth to be known as its |
16 | registered office. When a municipal power agency desires to |
17 | change the location of its registered office, it shall file with |
18 | the Secretary of the Commonwealth a certificate of change of |
19 | location of registered office, stating the new location by |
20 | address, including street and number, if any, and effective date |
21 | of change. When the certificate of change of location has been |
22 | duly filed, the board of directors may make the change without |
23 | any further action. |
24 | (e) Directors.--Each of the directors shall hold office for |
25 | the term for which the director has been selected and until a |
26 | successor has been selected and has qualified. Directors shall |
27 | discharge their duties in good faith, and with that diligence |
28 | and care which an ordinary prudent person in a like position |
29 | would exercise under similar circumstances. The agency agreement |
30 | or the bylaws may prescribe the number, term of office, powers, |
|
1 | authority and duties of directors, the time and place of their |
2 | meetings and other regulations concerning directors. Except |
3 | where the agency agreement or bylaws prescribe otherwise, the |
4 | term of office of a director shall be for one year. Except where |
5 | the agency agreement or bylaws prescribe otherwise, a meeting of |
6 | the board of directors may be held at any place within this |
7 | Commonwealth designated by the board, after notice, and an act |
8 | of the majority of the directors present at a meeting at which a |
9 | quorum is present is the act of the board. Except where the |
10 | agency agreement or bylaws prescribe otherwise, any vacancy |
11 | occurring on the board shall be filled by a person nominated by |
12 | the remaining members of the board and elected by a majority of |
13 | representatives of the member boroughs. |
14 | (f) Officers.--Except where the agency agreement or bylaws |
15 | prescribe otherwise, the board of directors shall appoint a |
16 | president from its membership, and a secretary, treasurer and |
17 | any other officers or agents deemed necessary who may, but need |
18 | not be, borough representatives or directors. An officer may be |
19 | removed with or without cause by the board of directors. |
20 | Officers of the municipal power agency shall have the authority |
21 | and duties in the management of the business of the municipal |
22 | power agency that the agency agreement or bylaws prescribe or, |
23 | in the absence of such prescription, as the board of directors |
24 | determines. |
25 | (g) Representatives of member boroughs.--Except as otherwise |
26 | provided in the agency agreement or the bylaws, the duly |
27 | authorized representatives of each member borough shall act as |
28 | and vote on behalf of that borough. Except where the agency |
29 | agreement or bylaws provide otherwise, representatives of the |
30 | member boroughs shall hold at least one meeting each year for |
|
1 | the election of directors and for the transaction of any other |
2 | business. Except where the agency agreement or bylaws prescribe |
3 | otherwise, special meetings of the representatives may be called |
4 | for any purpose upon written request to the president or |
5 | secretary to call the meeting. Such officer shall give notice of |
6 | the meeting to be held between ten and 60 days after receipt of |
7 | the request. Unless the agency agreement or bylaws provide for a |
8 | different percentage, a quorum for a meeting of the |
9 | representatives of the member boroughs is a majority of the |
10 | total members and a quorum for meetings of the board of |
11 | directors is a majority of the membership of the board. |
12 | (h) Amendment of agency agreement.--The agency agreement may |
13 | be amended as proposed at any meeting of the representatives of |
14 | the members for which notice stating the purpose shall be given |
15 | to each representative and, unless the agency agreement or |
16 | bylaws require otherwise, shall become effective when ratified |
17 | by resolutions of a majority of the governing bodies of the |
18 | member boroughs. Each amendment and the resolutions approving it |
19 | shall be filed for record with the Secretary of the |
20 | Commonwealth. |
21 | (i) Appropriations.--Each member borough shall have full |
22 | power and authority, within budgetary limits applicable to it, |
23 | to appropriate money for the payment of expenses of the |
24 | formation of the municipal power agency and of its |
25 | representative in exercising its functions as a member of the |
26 | agency. |
27 | (j) General powers.--A municipal power agency may own, |
28 | construct, acquire by lease, purchase or otherwise gain an |
29 | interest by itself or as co-owner or tenant in common and |
30 | operate and manage or cause to be operated and managed an |
|
1 | electric plant or project located within or without this |
2 | Commonwealth jointly with any political subdivision, subdivision |
3 | of the Federal Government, State government, political |
4 | subdivision of another state, private corporation empowered to |
5 | supply electricity, electric cooperative corporation formed |
6 | under the act of June 21, 1937 (P.L.1969, No.389), known as the |
7 | Electric Cooperative Corporation Act, (REPEALED 1990-198) or |
8 | electric cooperative corporation in another state. |
9 | (k) Specific powers.--All powers of a municipal power agency |
10 | shall be exercised by its board of directors, unless otherwise |
11 | provided by the agency agreement or bylaws. A municipal power |
12 | agency shall have the power to do and accomplish all actions |
13 | reasonably necessary and incident to the ownership, |
14 | construction, acquisition, administration, operation and |
15 | management of an electric plant or project. Among the specific |
16 | powers of a municipal power agency shall be the following: |
17 | (1) to sue and be sued; |
18 | (2) to enter into contracts; |
19 | (3) to cooperate with private power companies, boroughs, |
20 | electric cooperative corporations and other public or private |
21 | electric power entities inside and outside of this |
22 | Commonwealth in the development of electric power and energy; |
23 | (4) to make such studies as may be necessary to |
24 | determine the feasibility and cost of any additional sources |
25 | and supplies of electric power and energy; |
26 | (5) to contract for the purchase, sale, exchange, |
27 | interchange, wheeling, pooling or transmission of electric |
28 | power and energy or for the right to the capacity thereof |
29 | inside and outside of this Commonwealth, to and from any |
30 | public or private power entities, private power companies, |
|
1 | other boroughs and electric cooperative corporations; |
2 | (6) to procure insurance against any losses in |
3 | connection with its property, operations or assets in such |
4 | amounts and from such insurers as the board of directors |
5 | deems desirable; |
6 | (7) to contract for and to accept any gifts or grants or |
7 | loans of funds or property or financial or other aid in any |
8 | form from the United States of America or any agency or |
9 | instrumentality of the United States of America, or from any |
10 | other source; |
11 | (8) to acquire, hold, use, operate and dispose of |
12 | personal property; |
13 | (9) to acquire, hold, use and dispose of its income, |
14 | revenues, funds and moneys; |
15 | (10) to acquire, own, use, lease, operate and dispose of |
16 | real property and interests in real property and to make |
17 | improvements thereon; |
18 | (11) to grant the use, by lease or otherwise, and to |
19 | make charges for the use of any property or facility owned or |
20 | controlled by it; |
21 | (12) to procure from the United States of America or any |
22 | agency or instrumentality of the United States of America, or |
23 | from any state or agency or instrumentality of a state, any |
24 | consents, authorizations or approvals which may be requisite |
25 | to enable ownership, operation, construction or repair; |
26 | (13) to borrow money and from time to time to issue |
27 | revenue bonds and to enter into agreements with the |
28 | purchasers of such revenue bonds; |
29 | (14) to invest funds not required for immediate use, |
30 | including, but not limited to, proceeds from the sale of |
|
1 | revenue bonds, provided, however, that the power of a |
2 | municipal power agency to invest shall be the same as that of |
3 | a borough, as exercised by the borough council pursuant to |
4 | clause (6) of section 1005 and section 1316; and |
5 | (15) to mortgage any property acquired or owned to |
6 | secure the payment of its revenue bonds or other obligations |
7 | issued to finance the acquisition, ownership or repair. |
8 | (l) Eminent domain.--In the erection and extension of an |
9 | electric plant or project, and for all other purposes authorized |
10 | by this act, a municipal power agency may enter upon, |
11 | appropriate, injure or destroy private lands, property or |
12 | material according to the proceedings set forth in the law |
13 | governing eminent domain, provided, however, that a municipal |
14 | power agency shall not have the power of condemnation with |
15 | regard to any property of a private or public retail electric |
16 | supplier which geographically lies beyond the boundaries of the |
17 | corporate limits of its member boroughs. |
18 | (m) Revenue bonds.--A municipal power agency which gains an |
19 | interest in an electric plant or project may pay all or part of |
20 | the cost from the revenues derived from the sale of revenue |
21 | bonds issued in the manner provided by 53 Pa.C.S. Pt. VII Subpt. |
22 | B (relating to indebtedness and borrowing). |
23 | (n) Bylaws.--A municipal power agency may make and enforce |
24 | bylaws or rules which it deems necessary or desirable and may |
25 | establish, fix, levy and collect or may authorize, by contract, |
26 | franchise, lease or otherwise, the establishment, levying and |
27 | collection of rents, rates and other charges for the services |
28 | afforded by the municipal power agency, including connection for |
29 | the services afforded by the municipal power agency, including |
30 | connection charges or by or in connection with any project or |
|
1 | properties which it may construct, erect, acquire, own, operate |
2 | or control, or with respect to which it may have any interest or |
3 | any right to capacity thereof and for the sale of electric |
4 | energy or of generation or transmission capacity or services as |
5 | it may deem necessary, proper, desirable and reasonable. Rents, |
6 | rates and other charges shall be at least sufficient to meet |
7 | expenses thereof, including reasonable reserves, interest and |
8 | principal payments. |
9 | (o) State tax exemptions.--Interest and principal paid on |
10 | revenue bonds issued by a municipal power agency shall be exempt |
11 | from all State taxes of whatsoever kind or nature. |
12 | Section 2405-A. Additional contracting authority for electric |
13 | power and energy. |
14 | (a) Additional contracting authority.--In addition to the |
15 | authority provided under section 2402-A, a borough that, on |
16 | October 27, 2010, owns or operates electric generation or |
17 | distribution facilities and a borough that is a member of a |
18 | nonprofit membership corporation may contract with the nonprofit |
19 | membership corporation for the following: |
20 | (1) The development of electric power and associated |
21 | energy, including the conduct of investigations or studies |
22 | necessary to determine the feasibility and cost of additional |
23 | sources and supplies of electric power and associated energy. |
24 | (2) The purchase, sale, exchange, interchange, wheeling, |
25 | pooling or transmission of electric power and associated |
26 | energy or the right to the capacity from sources and projects |
27 | in this Commonwealth or another state for a period not to |
28 | exceed 50 years. |
29 | (b) Contract requirements.--A contract under subsection (a) |
30 | (2) shall include the purpose of the contract, the duration of |
|
1 | the contract and available procedures to terminate the contract |
2 | subsequent to the repayment of all indebtedness secured under |
3 | the contract. |
4 | (c) Minimum quantity of electric power and energy.--If a |
5 | borough is a member of a nonprofit membership corporation, a |
6 | contract under subsection (a)(2) may, if specifically set forth |
7 | in the contract, obligate the borough to: |
8 | (1) take and pay for a minimum quantity of electric |
9 | power and associated energy if the power and energy is |
10 | available for delivery; |
11 | (2) in connection with a project owned by the nonprofit |
12 | membership corporation or in which the nonprofit membership |
13 | corporation obtains an undivided ownership interest, to take |
14 | or pay for a minimum amount of electric power and energy; or |
15 | (3) pay for electric power and energy only if utilized |
16 | by the borough. |
17 | (d) Applicability of minimum requirements.-- |
18 | (1) The authority under subsection (c)(1) shall apply |
19 | whether or not the borough accepts delivery of the power and |
20 | energy. |
21 | (2) The authority under subsection (c)(2) shall apply |
22 | notwithstanding the suspension, interruption, interference or |
23 | reduction or curtailment of the output of the project or the |
24 | electric power and energy contracted for, and whether or not: |
25 | (i) the electric power and energy is available for |
26 | delivery to the borough; or |
27 | (ii) the borough accepts delivery of the electric |
28 | power and energy. |
29 | (e) Take-or-pay or take-and-pay arrangements.--No borough |
30 | may be obligated under a take-or-pay or take-and-pay arrangement |
|
1 | entered into with a nonprofit membership corporation in which |
2 | the borough maintains membership unless that obligation is |
3 | expressly authorized by an act of the borough council. |
4 | (f) Restrictions.--A nonprofit membership corporation shall |
5 | not: |
6 | (1) condition membership in the nonprofit membership |
7 | corporation on the inclusion of any take-or-pay or take-and- |
8 | pay obligations in a contract under subsection (a)(2); or |
9 | (2) except as set forth in subsection (g), require take- |
10 | or-pay or take-and-pay obligations in a contract with a |
11 | borough unless the contract meets the criteria of subsection |
12 | (c)(1) or (2). |
13 | (g) Future contracts.--A borough that is a member of a |
14 | nonprofit membership corporation may enter into future power |
15 | supply contracts, contract renewals or contract extensions with |
16 | the nonprofit membership corporation under subsection (c)(3): |
17 | (1) with no take-or-pay or take-and-pay obligations as |
18 | permitted by subsection (c)(1) and (2); and |
19 | (2) without prejudice or discrimination as compared to |
20 | any other borough which chooses to enter into contracts |
21 | permitted by subsection (c)(1) and (2) with the nonprofit |
22 | membership corporation. |
23 | (h) Future power supply contract terms.--In order to carry |
24 | out subsection (g), a nonprofit membership corporation which |
25 | provides or offers electric power and associated energy to a |
26 | member borough in this Commonwealth under subsection (a)(2) |
27 | shall offer, to all of its member boroughs in this Commonwealth, |
28 | future power supply contract terms, contract renewals or |
29 | contract extensions under subsection (c)(3) on a comparable and |
30 | nondiscriminatory basis and with similar terms and conditions to |
|
1 | future power supply contract terms, contract renewals or |
2 | contract extensions that would be appropriate under subsection |
3 | (c)(3) which the nonprofit membership corporation |
4 | contemporaneously offers to its members in other states. |
5 | (i) Payments.--All obligations under a contract under |
6 | subsection (a)(2) shall be paid from revenues derived from the |
7 | operation of the borough's electric system, and payments shall |
8 | be an operating expense of the borough's electric system. |
9 | (j) Obligations of other entities.--If explicitly set forth |
10 | in a contract under subsection (a)(2), a borough may agree to |
11 | assume, prorate or otherwise become liable for the obligations |
12 | of another borough of this Commonwealth or of a political |
13 | subdivision of another state that is a member of the nonprofit |
14 | membership corporation if the borough or other political |
15 | subdivision defaults in the payment of its obligations for the |
16 | purchase of the electric power and associated energy. The |
17 | contract may include provisions to permit a borough to succeed |
18 | to the rights and interests of the defaulting borough or |
19 | political subdivision to purchase electric power and associated |
20 | energy. A borough's liability for the obligations of a |
21 | defaulting borough of this Commonwealth or a political |
22 | subdivision of another state shall not exceed 25% of a borough's |
23 | initial nominal entitlement to electric power and associated |
24 | energy under the contract. |
25 | (k) Pledge of borough property prohibited.--None of the |
26 | obligations under the contract may constitute a legal or |
27 | equitable pledge, charge, lien or encumbrance on any property of |
28 | the borough or on any of its income, receipts or revenues, |
29 | except revenues of its electric system. The full faith and |
30 | credit and the taxing power of the borough shall not be pledged |
|
1 | for the payment of an obligation under the contract. |
2 | (l) Construction.--The provisions of this section are |
3 | intended to add to the powers and rights of a borough, and |
4 | nothing in this section may be construed to limit either the |
5 | general or specific powers or rights of a borough set forth in |
6 | this act. |
7 | (m) Definition.--As used in this section, the term "non- |
8 | profit membership corporation" means an entity the membership of |
9 | which: |
10 | (1) consists solely of Pennsylvania boroughs, such as a |
11 | consortium, buying group or municipal power agency under |
12 | section 2404-A; or |
13 | (2) consists of Pennsylvania boroughs and political |
14 | subdivisions of another state or states. |
15 | Section 293. Article XXV and subdivision (a) headings, |
16 | sections 2501, 2502, 2503, 2504 and 2505, Article XXV |
17 | subdivision (b) heading and sections 2511 and 2512 of the act |
18 | are repealed: |
19 | [ARTICLE XXV |
20 | PUBLIC BUILDINGS AND WORKS |
21 | (a) Eminent Domain; General Provisions |
22 | Section 2501. Exercise of Eminent Domain.--Any borough may |
23 | enter upon and appropriate private property, and also land |
24 | previously granted or dedicated to public use or other use, and |
25 | which is no longer used for the purpose for which the same was |
26 | granted or dedicated, and also land where the title may be |
27 | defective, disputed, or doubtful, for the erection thereon of |
28 | public auditoriums, public libraries, public memorial buildings |
29 | and monuments and such other public buildings and works as are |
30 | necessary for municipal purposes within the limits of such |
|
1 | borough. |
2 | Section 2502. Lands Excepted.--No land or property used for |
3 | any cemetery, burying-ground, or place of public worship, shall |
4 | be taken or appropriated by virtue of any power contained in the |
5 | preceding section of this article. |
6 | Section 2503. Declaration of Intention.--Whenever the |
7 | borough shall desire to acquire, enter upon, take, use and |
8 | appropriate any such private property or land, for any such |
9 | purposes, it shall declare such intention by an ordinance duly |
10 | enacted. |
11 | Section 2504. Proceedings.--The compensation and damages |
12 | arising from such taking, using and appropriating of private |
13 | property for the purposes aforesaid, shall be considered, |
14 | ascertained, determined, awarded and paid in the manner provided |
15 | in the law governing eminent domain. |
16 | Section 2505. Payment of Damages and Costs.--All damages |
17 | when ascertained, the costs of the viewers, and all court costs |
18 | incurred in such proceedings, including advertising, printing |
19 | and posting notices, shall be paid by the borough. |
20 | (b) Refuse Disposal Facilities |
21 | Section 2511. Power to Purchase Real Estate.--Any borough, |
22 | separately, or jointly, with another borough, city or township, |
23 | may purchase any real estate within or without the limits of |
24 | such borough or of any such other boroughs, cities, or |
25 | townships, as the case may be, upon which to erect and maintain |
26 | garbage or incinerating plants, or for sanitary landfill. |
27 | Section 2512. Approval of Site.--Boroughs desiring to locate |
28 | any garbage or incinerating plant or sanitary landfill, shall |
29 | first apply separately or jointly as the case may be to the |
30 | court of common pleas for its approval of the location thereof; |
|
1 | whereupon the court shall fix a date when objections to the |
2 | location will be heard and shall prescribe what notice of such |
3 | hearing shall be given. If at the time fixed for such hearing no |
4 | objections shall be made to such location, the same shall be |
5 | approved; but, if objection is made, the court shall proceed to |
6 | hear the matter and determine whether the location is a |
7 | detriment to neighboring properties. The finding of the court |
8 | shall be conclusive, but shall in no way adjudicate any question |
9 | relating to damages for injury to property.] |
10 | Section 294. Section 2513 of the act, amended December 21, |
11 | 1984 (P.L.1263, No.239), is repealed: |
12 | [Section 2513. Authority to Take or Appropriate Real |
13 | Estate.--In case the borough or boroughs cannot agree with the |
14 | owner of such property as to the price, the borough or boroughs, |
15 | separately or jointly, may take and appropriate, for any of such |
16 | purposes, any real estate, after an ordinance or ordinances |
17 | shall have been enacted providing for such taking and |
18 | appropriating. Notwithstanding the provisions of this section, |
19 | no borough or boroughs, separately or jointly, may take or |
20 | appropriate any real estate that is located outside the limits |
21 | of the borough or boroughs and contains or is being utilized as |
22 | an existing garbage dump or sanitary landfill.] |
23 | Section 295. Section 2514 of the act is repealed: |
24 | [Section 2514. Proceedings.--The proceedings before the |
25 | viewers for the assessment of damages for property taken, |
26 | injured, or destroyed under this subdivision of this article and |
27 | the proceedings upon their report shall be as provided in the |
28 | law governing eminent domain.] |
29 | Section 296. The act is amended by adding an article to |
30 | read: |
|
1 | ARTICLE XXV-A |
2 | AIRPORTS |
3 | Section 2501-A. Authority to secure lands for airports. |
4 | Any borough is hereby authorized and empowered to acquire, by |
5 | lease, purchase or condemnation, any land lying either within or |
6 | without the limits of the borough which, in the judgment of the |
7 | council, may be necessary and desirable for the purpose of |
8 | establishing and maintaining municipal airport facilities. The |
9 | proceedings for the condemnation of land under the provisions of |
10 | this article and for the assessment of damages for property |
11 | taken, injured or destroyed, shall be conducted in the manner |
12 | provided by the law governing eminent domain. The title acquired |
13 | by the borough exercising the power of condemnation shall be a |
14 | title in fee simple. |
15 | Section 2502-A. Authority to establish and lease airports. |
16 | Any borough acquiring land under the provisions of this |
17 | article is authorized and empowered to establish, equip, |
18 | condition, operate and maintain the land as a municipal airport, |
19 | and may lease the land, or any part, to any individual or |
20 | corporation desiring to use the same for aviation purposes. Any |
21 | borough may enter into a contract, in the form of a lease, |
22 | providing for the use of the land, or any part, by the Federal |
23 | Government, for its use of the land for aviation purposes upon |
24 | nominal rental or without consideration. |
25 | Section 2503-A. Joint airports. |
26 | Pursuant to the powers in this article, any borough may, |
27 | jointly with another municipality, acquire land for aviation |
28 | purposes, and may jointly operate and maintain the airport on |
29 | the terms and conditions as agreed upon by the governing bodies |
30 | of the borough and other municipality. |
|
1 | Section 297. Article XXVI heading of the act is reenacted to |
2 | read: |
3 | ARTICLE XXVI |
4 | WHARVES AND DOCKS |
5 | Section 298. Section 2601 of the act is amended to read: |
6 | Section 2601. Power With Regard to Wharves and Docks.--[Any |
7 | borough may erect and repair wharves and docks, regulate and fix |
8 | the rate of wharfage for all public wharves and docks within its |
9 | limits, and enforce the collection of wharfage for the use of |
10 | the same, and may also regulate the anchoring of vessels, boats, |
11 | or rafts within the borough limits, and the depositing of |
12 | freight on such public wharves.] (a) Boroughs shall have the |
13 | power to construct and repair wharves and docks and may acquire, |
14 | by purchase or condemnation, real estate along navigable waters |
15 | and within the borough limits as needed for the construction. |
16 | Prior to any condemnation, a borough shall enact an ordinance |
17 | authorizing the same. |
18 | (b) Boroughs shall also have the following powers: |
19 | (1) To regulate, fix, and enforce the collection of the rate |
20 | of wharfage for all public wharves and docks within its limits. |
21 | (2) To regulate the anchoring of vessels, boats or rafts |
22 | within the borough limits. |
23 | (3) To regulate the depositing of freight on the public |
24 | wharves. |
25 | Section 299. Section 2602 of the act is repealed: |
26 | [Section 2602. Purchase and Condemnation of Real Estate.-- |
27 | Any such borough may acquire, by purchase or condemnation, such |
28 | real estate as it may need for the construction of wharves and |
29 | docks within the limits of the borough, along navigable waters. |
30 | No real estate for the erection of wharves and docks shall be so |
|
1 | taken or appropriated until an ordinance authorizing the same |
2 | shall have been enacted.] |
3 | Section 300. Section 2603 of the act is reenacted to read: |
4 | Section 2603. Proceedings.--The proceedings before the |
5 | viewers for the assessment of damages for property taken, |
6 | injured, or destroyed under this article, and the proceedings on |
7 | their report shall be as provided in the law governing eminent |
8 | domain. The costs of all proceedings, including the compensation |
9 | of the viewers, shall be paid by the borough. |
10 | Section 301. Sections 2604, 2605 and 2606 of the act are |
11 | amended to read: |
12 | Section 2604. How Damages Assessed.--The damages for the |
13 | taking or injury of any property for use as a wharf, pier, or |
14 | bulkhead, shall include full compensation for the value of the |
15 | property taken or injured[; and if]. If the property [so] taken |
16 | or injured shall constitute a part of a plant used as an |
17 | entirety, the damage to the owner or tenant shall be assessed by |
18 | taking the difference in market value of [such] the plant as a |
19 | whole, including buildings and all equipment installed and used |
20 | in [such] the plant, before and after taking or injury, and |
21 | notwithstanding that part of [such] the plant may be separated |
22 | by a street or highway. |
23 | Section 2605. Leases.--Any borough may lease any wharf or |
24 | part [thereof] and collect rent [therefor] by distress or |
25 | otherwise. No one term of [any such] a lease shall be for a |
26 | period longer than three years. |
27 | Section 2606. Market-Houses and Terminal Sheds.--Boroughs |
28 | may erect and maintain market-houses and terminal sheds on |
29 | wharves, for the receipt and distribution of freight and |
30 | express. Boroughs may also construct railroad and street railway |
|
1 | tracks, or other facilities, on wharves, to provide for the |
2 | convenient hauling of [such] freight or express matter and may |
3 | collect rents, tolls, or charges for the use of [such] market- |
4 | houses, terminal sheds, tracks and facilities. No permit other |
5 | than a license revocable at will shall be granted, and no |
6 | exclusive permit for the use of such facilities shall be |
7 | granted. |
8 | Section 302. Section 2607 of the act is reenacted to read: |
9 | Section 2607. Public Use Preserved.--No structure erected, |
10 | and no right granted under the powers conferred by any of the |
11 | preceding sections of this article, shall interfere with the |
12 | public use of wharves for water-borne commerce. |
13 | Section 303. Section 2608 of the act is amended to read: |
14 | Section 2608. Saving Clause.--Nothing contained in this |
15 | article shall be construed as conferring upon boroughs any power |
16 | conferred by existing law on the Navigation [Commissioners] |
17 | Commission for the Delaware River and its Navigable Tributaries, |
18 | or to permit boroughs to do any act, or to enact any ordinance, |
19 | inconsistent with the laws, rules and regulations relating to |
20 | [said board, or the rules and regulations of said board] the |
21 | commission. |
22 | Section 304. Article XXVII and subdivision (a) headings of |
23 | the act are reenacted to read: |
24 | ARTICLE XXVII |
25 | RECREATION PLACES, SHADE TREES, FORESTS |
26 | (a) Parks and Playgrounds, Et Cetera |
27 | Section 305. Sections 2701, 2702 and 2703 of the act are |
28 | amended to read: |
29 | Section 2701. Power to Maintain [and Improve], Improve and |
30 | Acquire.--(a) Any borough may provide, improve, maintain and |
|
1 | regulate public parks, parkways and playgrounds, playfields, |
2 | open space, swimming pools, public baths, bathing places, indoor |
3 | recreation centers and gymnasiums, hereinafter called |
4 | "recreation places," within the borough limits or in any |
5 | adjacent [township or in any city or other borough] municipal |
6 | corporation if the other [borough or city] municipal corporation |
7 | shall, by ordinance, signify its consent thereto. [Two or more |
8 | boroughs may jointly provide, improve, maintain and regulate |
9 | such recreation places within the limits of any township |
10 | adjacent to any one of such boroughs. All expenses relative |
11 | thereto shall be borne by the respective boroughs, in such |
12 | proportion as may be agreed upon by the councils thereof. |
13 | Section 2702. Power to Acquire.--Any] (b) Any borough may |
14 | enter upon, appropriate and acquire by gift, devise, purchase, |
15 | lease, or otherwise, private property [within the limits of the |
16 | borough, or in any adjacent township,] or [any borough] may |
17 | designate and set apart any lands or buildings, owned by the |
18 | borough and not dedicated or devoted to other public uses[; and |
19 | two or more boroughs may jointly appropriate and acquire by |
20 | gift, devise, purchase, lease, or otherwise, private property |
21 | within the limits of any township adjacent to any of such |
22 | boroughs,] for the purpose of making, enlarging and maintaining |
23 | recreation places. [All the costs and expenses relative to any |
24 | such property, acquired by two or more boroughs jointly, shall |
25 | be paid by the respective boroughs in such proportions as may be |
26 | agreed upon by the councils thereof. |
27 | Any] |
28 | (c) Any borough may join with one or more political |
29 | subdivisions to acquire, create, equip, improve, regulate, |
30 | maintain and operate any recreation place in accordance with 53 |
|
1 | Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental |
2 | cooperation). |
3 | (d) No borough, acting individually or jointly, may |
4 | [likewise] acquire private property within the limits of another |
5 | [borough or city,] municipal corporation for the purposes |
6 | designated in this section, [if the other borough or city shall, |
7 | by ordinance, signify its consent thereto] without the consent |
8 | of the governing body of the municipal corporation in which the |
9 | property is located in accordance with the law governing eminent |
10 | domain. |
11 | (e) All expenses incurred in the maintenance, improvement, |
12 | acquisition or operation of recreation places, as provided in |
13 | this section, shall be payable from the treasury of the borough, |
14 | or the borough and other political subdivisions as may be |
15 | provided for by agreement of the governing bodies. The borough |
16 | council may annually appropriate, and cause to be raised by |
17 | taxation, an amount necessary for the purpose of maintaining and |
18 | operating recreation places, or for paying its share of such |
19 | amount. |
20 | Section 2703. Appropriations for Public Purposes.--The |
21 | appropriation of private property for the purpose of making, |
22 | enlarging and maintaining recreation places, is declared to be |
23 | the taking of private property for public use, and for all |
24 | damage suffered by the owners of any property so taken, the |
25 | funds of the borough raised by taxation shall be pledged as |
26 | security. The proceedings for the taking of private property and |
27 | the assessment of damages for private property taken, injured or |
28 | destroyed under this article shall be as provided in the law |
29 | governing eminent domain. |
30 | Section 306. Sections 2704 and 2705 of the act are repealed: |
|
1 | [Section 2704. Proceedings.--The proceedings before the |
2 | viewers for the assessment of damages for property taken, |
3 | injured or destroyed under this article and the proceedings upon |
4 | their report shall be as provided in the law governing eminent |
5 | domain. |
6 | Section 2705. Validation of Prior Acquisitions.--Whenever, |
7 | prior to June 1, 1911, any borough acquired land outside its |
8 | corporate limits for park purposes, such borough may own and |
9 | possess such land for park purposes, and is authorized to lay |
10 | out and maintain the same and to appropriate money to defray |
11 | expenses incident to such work.] |
12 | Section 307. Sections 2708, 2709 and 2710 of the act are |
13 | amended to read: |
14 | Section 2708. Creation of Recreation Board.--(a) The |
15 | authority to supervise and maintain recreation places, may be |
16 | vested in any existing body or board, including the borough |
17 | council, or in a recreation board, as the borough council shall |
18 | determine. The council of any such borough may equip, operate |
19 | and maintain the recreation places, as authorized by this |
20 | article, and may, for the purpose of carrying out the provisions |
21 | of this article, employ [play leaders, recreation directors, |
22 | supervisors, superintendents, or] any [other] officers or |
23 | employes, as it may deem proper. |
24 | (b) Notwithstanding subsection (a), a borough council shall |
25 | not delegate the power to maintain accounts or expend funds from |
26 | the borough treasury for the purposes authorized by this |
27 | subdivision to any existing or newly created body or board. |
28 | (c) Any borough may join or create, with one or more |
29 | municipalities, a joint recreation board in accordance with 53 |
30 | Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental |
|
1 | cooperation). The composition of the board and its powers and |
2 | duties shall be as provided by agreement of the governing bodies |
3 | of the municipalities. |
4 | Section 2709. Composition of Board.--[(a)] If the borough |
5 | council shall determine that the power to equip, operate, and |
6 | maintain recreation places, shall be exercised by a recreation |
7 | board, it may, by ordinance, establish in [said] the borough |
8 | [such] a recreation board, which shall possess [all the powers, |
9 | and be subject to all the responsibilities, of the respective |
10 | authorities under this article. Such] those powers and duties as |
11 | may be delegated to it by ordinance. The board shall consist of |
12 | a minimum of five and a maximum of nine persons. Two of the |
13 | members may be members or appointees of the school board of the |
14 | school district in which the borough is located. If the board |
15 | [consist] consists of seven members, three of the members may be |
16 | members or appointees of [such] the school board. The borough |
17 | members of the board shall be appointed by the borough council, |
18 | and shall serve no longer than five years and the terms of the |
19 | members shall be staggered in such a manner that at least one |
20 | expires annually. Members of [such] the board shall serve |
21 | without pay. Vacancies in [such] the board, occurring otherwise |
22 | than by expiration of term, shall be filled for the unexpired |
23 | term in the same manner as original appointments. |
24 | [(b) In addition to the establishment of a borough |
25 | recreation board, the borough council may appoint persons to |
26 | serve as members of a school district recreation board |
27 | established by the school district wherein the borough is |
28 | located.] |
29 | Section 2710. Organization of Board; Employes.--The members |
30 | of a recreation board, established pursuant to this article, |
|
1 | shall elect their own [chairman] chair and secretary and select |
2 | all other necessary officers, to serve for a period of one |
3 | year[, and may employ such persons as may be needed, as |
4 | authorized by this article. Such] The recreation board may, with |
5 | the approval of council, establish employment positions and hire |
6 | employes to fill the approved positions. The board shall have |
7 | power to adopt rules and regulations for the conduct of all |
8 | business within its jurisdiction. |
9 | Section 308. Sections 2711 and 2712 of the act are repealed: |
10 | [Section 2711. Joint Ownership and Maintenance.--Any two or |
11 | more boroughs, or a borough with any city or township, or a |
12 | borough with a county, may jointly acquire property for, and |
13 | operate and maintain, any recreation places. Any borough or |
14 | boroughs shall have power to join with any school district in |
15 | equipping, operating and maintaining recreation places, and may |
16 | appropriate money therefor. |
17 | Section 2712. Maintenance and Tax Levy.--All expenses |
18 | incurred in the operation of such recreation places, established |
19 | as herein provided, shall be payable from the treasury of such |
20 | borough, or boroughs, township, city, county or school districts |
21 | as may be provided for by agreement of the corporate |
22 | authorities. The borough council may annually appropriate, and |
23 | cause to be raised by taxation, an amount necessary for the |
24 | purpose of maintaining and operating recreation places, or for |
25 | paying its share of such amount.] |
26 | Section 309. Section 2713 of the act is amended to read: |
27 | Section 2713. Lease for School Athletics.--Any borough |
28 | maintaining a recreation place, may lease [such] a recreation |
29 | place or [such] a portion [thereof] of a recreation place, |
30 | suitable for athletic sports and athletic games, to any school |
|
1 | board, or school athletic association organized by a school |
2 | board, and organized for the purpose of conducting amateur |
3 | athletic sports and games among pupils of the public school, and |
4 | may permit [such] a school board or school athletic association |
5 | to charge admission to [such] sports and games and to deny |
6 | persons refusing to pay admission access to the grounds where |
7 | [such] sports or games are being conducted, if [such] sports and |
8 | games are not conducted for individual profit. |
9 | Section 310. Article XXVII subdivision (b)(1) heading of the |
10 | act is amended to read: |
11 | (b) Shade Trees |
12 | (1) [Shade Tree Commission] Power of Boroughs |
13 | as to Shade Trees |
14 | Section 311. The act is amended by adding sections to read: |
15 | Section 2720. Care, Custody and Control of Shade Trees.--(a) |
16 | Council shall have exclusive care, custody and control of shade |
17 | trees in the borough. Council may plant, transplant, remove, |
18 | maintain and protect shade trees on the streets and highways in |
19 | the borough, employ and pay persons and make and enforce |
20 | regulations as may be necessary for the care and protection of |
21 | the shade trees of the borough. |
22 | (b) Council may, by ordinance, and with or without the |
23 | petition of a majority of the property owners upon any public |
24 | street in the borough, plant, transplant or remove shade trees. |
25 | Council may, with or without petition, require the planting and |
26 | replanting of suitable shade trees along and upon the sides of |
27 | the streets, upon such alignment and at such points as may be |
28 | designated by ordinance, by the owners of property abutting the |
29 | street at the points designated. Nothing in this act may |
30 | authorize council to plant or replant, or require the planting |
|
1 | or replanting, of trees at any point which may interfere with |
2 | the necessary or reasonable use of any street or abutting |
3 | property or the business conducted on the property. On failure |
4 | of any owner, after reasonable notice, to comply with the terms |
5 | of an ordinance requiring the planting or replanting of shade |
6 | trees, the borough may cause such trees to be planted or |
7 | replanted and assess the cost against the owner in accordance |
8 | with section 2720.2. |
9 | (c) Council may, upon notice as may be provided by |
10 | ordinance, require owners of property to cut and remove plants, |
11 | shrubs and trees afflicted with any disease that threatens to |
12 | injure or destroy plants, shrubs and shade trees in the borough |
13 | under regulations prescribed by ordinance. Upon failure of any |
14 | owner to comply with the notice, the borough may cause the work |
15 | to be done by the borough, and assess the cost against the owner |
16 | in accordance with section 2720.2. |
17 | Section 2720.1. Maintenance by Borough; Tax Levy.--(a) The |
18 | cost and expenses of caring for shade trees after having been |
19 | planted or transplanted and the expense of publishing any notice |
20 | required by this subdivision shall be paid by the borough. |
21 | (b) Council may levy a general tax, not to exceed the sum of |
22 | one-tenth of one mill on the dollar on the assessed valuation of |
23 | the property in the borough taxable for county purposes, for the |
24 | purpose of defraying the cost and expenses of caring for the |
25 | shade trees and the expense of publishing notices; or it may |
26 | provide for the expense of the caring for trees already planted |
27 | and of publishing the notice by appropriations. |
28 | Section 2720.2. Payment by Owners; Assessments.--The cost of |
29 | planting, transplanting or removing any shade trees or the |
30 | necessary and suitable guards, curbing or grading for their |
|
1 | protection and of the replacing of pavement or sidewalk |
2 | necessarily disturbed in the execution of the work shall be paid |
3 | by the owners of the real estate abutting the location of the |
4 | work. In the event that the borough undertakes the work |
5 | described in this section, costs shall be certified, assessed |
6 | against the abutting owners and collected in accordance with |
7 | Article XXI-A. |
8 | Section 2720.3. Notice of Work.--Whenever council proposes |
9 | to plant, transplant or remove shade trees on any street, notice |
10 | of the time and place of the meeting at which the work is to be |
11 | considered shall be given in one newspaper once a week for two |
12 | weeks immediately preceding the time of the meeting. The notice |
13 | shall specify in detail the streets or portions upon which trees |
14 | are proposed to be planted, transplanted or removed. In the |
15 | event that a shade tree commission is to undertake the work, the |
16 | commission shall provide the notice. |
17 | Section 2720.4. Penalties.--(a) To the extent provided by |
18 | ordinance, council may assess penalties for the violation of |
19 | regulations relating to shade trees or delegate the power to |
20 | assess such penalties to a shade tree commission. Any penalty so |
21 | assessed shall be a lien upon the real estate of the offender |
22 | and may be collected as municipal claims are collected. |
23 | (b) All penalties or assessments imposed under this |
24 | subdivision shall be paid to the borough treasurer, to be kept |
25 | in a separate fund and utilized only for the purposes authorized |
26 | by this subdivision. |
27 | Section 312. Article XXVII subdivision (b) of the act is |
28 | amended by adding a subdivision to read: |
29 | (2) Shade Tree Commission |
30 | Section 313. Section 2721 of the act is amended to read: |
|
1 | Section 2721. Shade Tree Commission.--[A borough] (a) |
2 | Council by ordinance may establish a commission to be known as |
3 | the shade tree commission, [but in boroughs where the council |
4 | shall not elect by ordinance a shade tree commission council may |
5 | exercise all the rights and perform the duties and obligations |
6 | imposed by this subdivision of this article upon the shade tree |
7 | commission.] and delegate to the commission the exclusive care, |
8 | custody and control of shade trees and authorization to plant, |
9 | transplant, remove, maintain and protect shade trees on the |
10 | streets and highways in the borough. The commission may make and |
11 | enforce regulations for the care and protection of shade trees. |
12 | No regulation may be in force until it has been approved by the |
13 | council and enacted as an ordinance. |
14 | (b) Whenever in any borough there exists a commission for |
15 | the care of public parks, the council may, by ordinance, confer |
16 | on the park commission all the powers and all the duties |
17 | prescribed by this article for the shade tree commission. |
18 | Section 314. Section 2722 of the act, amended April 17, 2002 |
19 | (P.L.243, No.31), is reenacted to read: |
20 | Section 2722. Composition of Commission.--(a) Except as |
21 | provided in subsection (b), the commission shall be composed of |
22 | three residents of the borough, who shall be appointed by the |
23 | council and shall serve without compensation. |
24 | (b) The council, by ordinance, may provide that the |
25 | commission be composed of five members who shall be residents of |
26 | the borough, shall be appointed by the council and shall serve |
27 | without compensation. |
28 | (c) Whenever a shade tree commission of three members is |
29 | established by any borough, the council shall appoint one member |
30 | for a term of three years, one for a term of four years, and one |
|
1 | for a term of five years. On the expiration of the term of any |
2 | commissioner, a successor shall be appointed by the council to |
3 | serve for a term of five years. |
4 | (d) Whenever a shade tree commission of five members is |
5 | established by any borough, the council shall appoint members to |
6 | staggered terms so that one term expires every year. On the |
7 | expiration of the term of any commissioner, a successor shall be |
8 | appointed by the council to serve for a term of five years. |
9 | (e) Vacancies in the office of commissioner shall be filled |
10 | by the council for the unexpired term. |
11 | Section 315. Sections 2723 and 2724 of the act are repealed: |
12 | [Section 2723. Powers May Be Vested in Park Commission.-- |
13 | Whenever in any borough there exists a commission for the care |
14 | of public parks, the council may by ordinance, confer on the |
15 | park commission all the powers and all the duties prescribed by |
16 | this article for the shade tree commission. |
17 | Section 2724. Powers of Commission.--The commission shall |
18 | have exclusive custody and control of the shade trees in the |
19 | borough, and is authorized to plant, remove, maintain and |
20 | protect shade trees on the streets and highways in the borough. |
21 | The commission may employ and pay such superintendents, |
22 | engineers, foresters, tree-wardens, or other assistants, as the |
23 | proper performance of the duties devolving upon it shall |
24 | require, and may make, and enforce regulations for the care and |
25 | protection of the shade trees of the borough. No such regulation |
26 | shall be in force until it has been approved by the council and |
27 | enacted as an ordinance.] |
28 | Section 316. The act is amended by adding a section to read: |
29 | Section 2724.1. Duties of Commission.--(a) The shade tree |
30 | commission shall annually report in full to the council its |
|
1 | transactions and expenses for the last fiscal year of the |
2 | borough. |
3 | (b) Whenever any shade tree commission proposes to plant, |
4 | transplant or remove shade trees on any street, notice of the |
5 | time and place of the meeting at which such work is to be |
6 | considered shall be given by the commission in accordance with |
7 | section 2720.3. |
8 | (c) The commission shall each year certify to council an |
9 | amount needed for the care of shade trees and for the |
10 | publication of notices required by this subdivision. The |
11 | commission shall use funds appropriated or raised by taxation in |
12 | accordance with section 2720.1 for any purpose authorized by |
13 | council. |
14 | (d) The commission shall ascertain and certify to council |
15 | and the borough treasurer the amount of any assessment imposed |
16 | in accordance with this subdivision for the planting, |
17 | transplanting or removal of plants, shrubs and trees. |
18 | Section 317. Sections 2725, 2726, 2727, 2728, 2729 and 2730, |
19 | Article XXVII(b)(2) heading and sections 2741, 2742 and 2743 of |
20 | the act are repealed: |
21 | [Section 2725. Report of Commission.--The shade tree |
22 | commission shall annually report in full to the council its |
23 | transactions and expenses for the last fiscal year of the |
24 | borough. |
25 | Section 2726. Notices by Commission.--Whenever any shade |
26 | tree commission proposes to plant, transplant, or remove shade |
27 | trees on any street, notice of the time and place of the meeting |
28 | at which such work is to be considered shall be given in one |
29 | newspaper of general circulation in the borough once a week for |
30 | two weeks immediately preceding the time of the meeting. The |
|
1 | notice shall specify in detail the streets or portions upon |
2 | which trees are proposed to be so planted, replanted, or |
3 | removed. |
4 | Section 2727. Payment by Owners.--The cost of planting, |
5 | transplanting, or removing any shade trees in and along the |
6 | streets and highways in the borough, of the necessary and |
7 | suitable guards, curbing or grading for the protection thereof, |
8 | and of the replacing of any pavement or sidewalk necessarily |
9 | disturbed in the execution of such work, shall be paid by the |
10 | owner of the real estate abutting which the work is done. |
11 | The amount each owner is to pay shall be ascertained and |
12 | certified by the commission to council and to the borough |
13 | treasurer. |
14 | Section 2728. Assessments; Liens.--Upon the filing of the |
15 | certificate with the council, the borough secretary shall cause |
16 | thirty days' written notice to be given to every person against |
17 | whose property an assessment has been made. The notice shall |
18 | state the amount of the assessment, and the time and place of |
19 | payment, and shall be accompanied with a copy of the |
20 | certificate. |
21 | The amount assessed against the real estate shall be a lien |
22 | from the time of the filing of the certificate with the council, |
23 | and if not paid within the time designated in the notice, a |
24 | claim may be filed and collected by the borough solicitor in the |
25 | same manner as municipal claims are filed and collected. |
26 | Section 2729. Maintenance by Borough; Tax Levy.--The cost |
27 | and expenses of caring for such trees after having been planted |
28 | and the expense of publishing the notice hereinbefore provided |
29 | for shall be paid by the borough. |
30 | The needed amount shall each year be certified by the |
|
1 | commission to the council and shall be drawn against, as |
2 | required by the commission, in the same manner as money |
3 | appropriated for borough purposes. |
4 | The council may levy a general tax, not to exceed the sum of |
5 | one-tenth of one mill on the dollar on the assessed valuation of |
6 | the property in said borough taxable for county purposes, for |
7 | the purpose of defraying the cost and expenses of caring for |
8 | such shade trees and the expense of publishing the notice; or it |
9 | may provide for the expense of the caring for trees already |
10 | planted and of publishing the notice by appropriations equal to |
11 | the amount certified to be required by the commission. |
12 | Section 2730. Penalties.--The commission, to the extent as |
13 | may be provided by ordinance of the borough, may assess |
14 | penalties for the violation of its regulations and of this |
15 | article so far as it relates to shade trees. Any penalty so |
16 | assessed shall be a lien upon the real estate of the offender |
17 | and may be collected as municipal claims are collected. |
18 | All penalties or assessments imposed under this article shall |
19 | be paid to the borough treasurer, to be placed to the credit of |
20 | the commission, subject to be drawn upon by the commission for |
21 | the purposes of the preceding sections of this subdivision of |
22 | this article. |
23 | (2) Power of Boroughs as to Shade Trees |
24 | Section 2741. Ordinances to Require Planting and |
25 | Replanting.--Any borough may, by ordinance, upon the petition of |
26 | a majority of the property owners upon any public street |
27 | thereof, require the planting and replanting of suitable shade |
28 | trees along and upon the sides of such streets, upon such |
29 | alignment and at such points as may be designated by such |
30 | ordinance, by the owners of property abutting the street at the |
|
1 | points designated. This section shall not authorize any borough |
2 | to require the planting or replanting of trees at any point |
3 | which may interfere with the necessary or reasonable use of any |
4 | street or abutting property or unreasonably interfere with any |
5 | business conducted thereon. |
6 | Section 2742. Power of Borough Where Owners Fail to |
7 | Comply.--On failure of any owner, after reasonable notice, to |
8 | comply with the terms of any such ordinance, the borough may |
9 | cause such trees to be planted or replanted at the expense of |
10 | the borough, and thereupon, in the name of the borough, collect |
11 | the cost of such work from the owners in default, as debts of |
12 | like amount are by law collectible. |
13 | Section 2743. Removal of Diseased Plants, Shrubs and |
14 | Trees.--The commission may upon such notice as may be provided |
15 | by ordinance, require owners of property to cut and remove |
16 | plants, shrubs and trees, afflicted with the Dutch elm or other |
17 | disease, which threatens to injure or destroy plants, shrubs and |
18 | shade trees, in the borough under regulations prescribed by |
19 | ordinance. Upon failure of any such owner to comply with such |
20 | notice, the borough may cause the work to be done by the |
21 | borough, and levy and collect the cost thereof from the owner of |
22 | the property. The cost of such work shall be a lien upon the |
23 | premises from the time of the commencement of the work, which |
24 | date shall be fixed by the borough engineer and shall be filed |
25 | with the borough secretary. Any such lien may be collected by |
26 | action in assumpsit or by lien filed in the manner provided by |
27 | law for the filing and collection of municipal claims.] |
28 | Section 318. Article XVII subdivision (c) heading of the act |
29 | is reenacted to read: |
30 | (c) Forests |
|
1 | Section 319. Section 2751 of the act is amended to read: |
2 | Section 2751. Acquisition of Land for Forest Purposes.--Any |
3 | borough may acquire, by purchase, gift, or lease, and hold |
4 | tracts of land covered with forest or tree growth or suitable |
5 | for the growth of trees, and administer the same[, under the |
6 | direction of the Department of Forests and Waters,] in |
7 | accordance with the practices and principles of scientific |
8 | forestry, for the benefit of the borough. Such tracts may be of |
9 | any size suitable for the purpose and may be located within or |
10 | without the borough limits. |
11 | Section 320. Section 2752 of the act is repealed: |
12 | [Section 2752. Approval of Department of Forests and |
13 | Waters.--Before the passage of any ordinance for the acquisition |
14 | of land to be used as a municipal forest, the borough shall |
15 | submit to the Department of Forests and Waters, and secure its |
16 | approval of, the area and location of such land.] |
17 | Section 320.1. section 2753 of the act is reenacted to read: |
18 | Section 2753. Ordinance Declaring Intention.--Whenever the |
19 | council of any borough deems it expedient to acquire any land |
20 | for the purposes of municipal forests, it shall so declare in an |
21 | ordinance wherein shall be set forth all facts and conditions |
22 | relating to the proposed action. |
23 | Section 321. Sections 2754, 2755, 2756 and 2757 of the act |
24 | are amended to read: |
25 | Section 2754. Appropriations of Money.--All moneys necessary |
26 | for the purchase of such tracts shall be appropriated in the |
27 | same manner as appropriations for borough purposes, and [such] |
28 | the funds may be provided from the current revenue or by the |
29 | proceeds of a sale of general obligation bonds in accordance |
30 | with existing law. |
|
1 | Section 2755. Rules and Regulations.--Upon the acquisition |
2 | of any municipal forest or land suitable [therefor] for |
3 | municipal forests, the council [shall notify the Department of |
4 | Forests and Waters, which shall] may make [such] rules for the |
5 | government and proper administration of the same as may be |
6 | deemed necessary[, and the council shall publish such rules, |
7 | declare the uses of the forest in accordance with the intent of |
8 | this subdivision of this article, and make such provision for |
9 | its administration, maintenance, protection and development as |
10 | shall be necessary or expedient]. The rules governing the |
11 | administration of [such] the forest shall have for their main |
12 | purpose the [producing of a] production of continuing borough |
13 | revenue by the sale of forest products. |
14 | Section 2756. Appropriations and Revenues.--All moneys |
15 | necessary to be expended for the administration, maintenance, |
16 | protection and development of [such] forests, shall be |
17 | appropriated and applied as is now done for borough purposes[;]. |
18 | [all] All revenue and emoluments arising from [such] the forests |
19 | shall be paid into the borough treasury to be used for general |
20 | borough purposes. |
21 | Section 2757. Use of Forests.--Municipal forests may be used |
22 | by the public as general outing or recreation grounds subject to |
23 | the rules [of the Department of Forests and Waters governing |
24 | their administration as municipal forests and rules] adopted by |
25 | the council [of the borough not inconsistent with law or the |
26 | regulations of the department]. |
27 | Section 322. Section 2758 of the act is reenacted to read: |
28 | Section 2758. Ordinance of Sale.--Whenever the council of |
29 | any borough deems it expedient to sell or lease any municipal |
30 | forest or part thereof, or products therefrom, it shall so |
|
1 | declare in an ordinance wherein shall be set forth all the facts |
2 | and conditions relating to the proposed action. No ordinance for |
3 | the sale of a municipal forest, or part thereof, shall be |
4 | enacted until the provisions of this act relative to the sale of |
5 | borough-owned real estate have been complied with. |
6 | Section 323. Section 2759 of the act is amended to read: |
7 | Section 2759. Pruning or Thinning Out; Sale of Products |
8 | Thereof.--In order to comply with the practices and principles |
9 | of scientific forestry, the council, by resolution, shall have |
10 | the power to prune or thin out any municipal forest or portion |
11 | [thereof] of a municipal forest, and shall have the right to |
12 | sell the products of [such] the pruning or thinning out without |
13 | complying with the provisions of this act relative to |
14 | advertising and bidding. In doing so, the borough may either use |
15 | its own personnel or hire or contract with skilled personnel, |
16 | and in [such] the hiring or contracting, council shall not be |
17 | required to obtain bids or to advertise. |
18 | Section 324. Article XXVIII heading of the act is reenacted |
19 | to read: |
20 | ARTICLE XXVIII |
21 | CEMETERIES |
22 | Section 325. The act is amended by adding sections to read: |
23 | Section 2800. Appropriations for Burial Ground |
24 | Maintenance.--Any borough may appropriate annually, out of the |
25 | general funds of the borough, a sum for the care, upkeep, |
26 | maintenance and beautifying of cemeteries, burial grounds and |
27 | private roads in or leading to those areas, lying wholly or |
28 | partly within the boundary limits of the borough or in the |
29 | territory immediately adjacent to the borough. |
30 | Section 2800.1. Burial of Deceased Persons.--Any borough may |
|
1 | prohibit, within the borough limits, or within any described |
2 | territory within the limits, the burial or interment of deceased |
3 | persons. |
4 | Section 326. Sections 2801 and 2802 of the act are amended |
5 | to read: |
6 | Section 2801. Management by Commission[; Transfer from |
7 | Borough to Company].--When the title and management of any |
8 | cemetery is vested in a borough, the council of [such] the |
9 | borough may [in its discretion], by ordinance, vest the care, |
10 | management and operation of [such] the cemetery in a commission |
11 | of three citizens to be appointed by the council[, such care, |
12 | management and operation, and the terms of the commissioners to |
13 | be as provided in the ordinance establishing such cemetery |
14 | commission. Upon petition of at least ten lot owners in such |
15 | cemetery, the council may, in its discretion, transfer such |
16 | cemetery and the management thereof to an incorporated cemetery |
17 | company in the manner hereinafter provided]. The ordinance shall |
18 | provide for the terms of the cemetery commissioners. |
19 | Section 2802. [Vesting Title.--] Transfer from Borough to |
20 | Company.--(a) Upon petition of at least ten per centum of |
21 | living cemetery lot owners, the council may, in its discretion, |
22 | transfer the cemetery and the management thereof to an |
23 | incorporated cemetery company. |
24 | (b) Upon the presentation to council of [such] the petition, |
25 | the council may enact an ordinance declaring that, upon the |
26 | acceptance of the provisions of [such] the ordinance by the |
27 | incorporated cemetery company, filed with the borough secretary, |
28 | the title and control of [such] the cemetery shall vest in |
29 | [such] the incorporated cemetery company. |
30 | (c) A copy of the ordinance and the acceptance thereof, |
|
1 | certified by the borough secretary, shall be recorded in the |
2 | office of the recorder of deeds of the county. |
3 | Section 327. Sections 2803 and 2804 of the act are repealed: |
4 | [Section 2803. Recording of Ordinance and Acceptance.--A |
5 | copy of the ordinance and the acceptance thereof, certified by |
6 | the borough secretary, shall be recorded in the office of the |
7 | recorder of deeds of the county. |
8 | Section 2804. Orders of Court as to Neglected Cemeteries.-- |
9 | (a) Authority is vested in the court of quarter sessions to |
10 | make such orders for the regulation of cemeteries, situated in |
11 | or adjacent to boroughs, as the public good shall require; and |
12 | when any cemetery shall become so neglected as, in the opinion |
13 | of the court, to become a public nuisance, the court may direct |
14 | the removal of the dead therefrom by the borough authorities to |
15 | some other cemetery. |
16 | (b) When any cemetery situated in a borough shall become so |
17 | neglected as, in the opinion of the court of quarter sessions, |
18 | to become a public nuisance, such court, upon petition of the |
19 | borough council and after such notice as is required in |
20 | subsection (c) of this section, may authorize the borough |
21 | without the removal of any dead from the cemetery to improve and |
22 | maintain the cemetery by the restoration, improvement or removal |
23 | of some or all of the gravestones, posts, railings, fences or |
24 | other structures and improvements. If the court authorizes the |
25 | removal of gravestones, it shall direct the borough to erect and |
26 | maintain at a prominent location in the cemetery a suitable |
27 | memorial of stone, bronze or similar material having inscribed |
28 | thereon the available names and dates of all persons in the |
29 | cemetery the gravestones for whom have been authorized to be |
30 | removed. The petition filed by the council shall include such |
|
1 | facts as to the ownership of the cemetery as are known to the |
2 | borough and shall set forth the proposed plans of the borough |
3 | for the improvement of the cemetery including, if it proposes to |
4 | remove the gravestones, a description of the memorial it intends |
5 | to erect. |
6 | (c) Whenever the council shall file a petition as |
7 | hereinbefore provided, the court shall direct such notice of the |
8 | filing of the petition to be given in such manner as it shall |
9 | deem appropriate and shall afford the owner or owners of the |
10 | cemetery or the owners of any burial rights therein, if any |
11 | appear, an opportunity to be heard before making an order |
12 | authorizing the borough to improve and maintain the burial |
13 | ground.] |
14 | Section 328. Section 2805 of the act is amended to read: |
15 | Section 2805. Transfer from Company to Borough.--(a) Upon |
16 | the petition of any incorporated cemetery company and the owners |
17 | of a majority of the taxable real estate in any borough, the |
18 | court of [quarter sessions] common pleas may authorize the |
19 | transfer of any cemetery to any borough in which [such] the |
20 | cemetery may be located or [be adjacent thereto.] which is |
21 | adjacent to the borough. A copy of the court order authorizing |
22 | the transfer shall be filed with the recorder of deeds. |
23 | (b) The transfer shall be made without cost to the borough |
24 | and upon being made the borough shall exercise the powers and |
25 | privileges of the incorporated company, and may purchase land |
26 | within or adjacent to the borough limits, not to exceed thirty |
27 | acres, for the extension of the cemetery, and may raise the |
28 | means to pay for the same, by the sale of lots or otherwise, but |
29 | in no event by taxation. The borough may lay out lots so |
30 | purchased and alter the original plot of the cemetery, and may |
|
1 | dispose of such grounds in the same manner as the incorporated |
2 | company could have done. |
3 | (c) A deed for any lot, made by the borough, shall be of the |
4 | same validity as the deed of the incorporated cemetery company |
5 | and the borough may make deeds to those who theretofore |
6 | purchased lots, but had not been furnished with deeds by the |
7 | cemetery company. |
8 | Section 329. The act is amended by adding a section to read: |
9 | Section 2805.1. Neglected or Abandoned Cemeteries.--Borough |
10 | council shall have the power to direct the removal of weeds, |
11 | refuse and debris from an abandoned or neglected cemetery. To |
12 | exercise this power, council shall give personal notice to the |
13 | owner, if known, directing the removal of weeds, refuse and |
14 | debris from the cemetery within thirty days from the giving of |
15 | personal notice. Personal notice shall be by any of the |
16 | following means: (1) personal service on the owner, (2) |
17 | certified mail, addressee only, return receipt requested, to the |
18 | owner at the owner's last known address, or (3) posting notice |
19 | at or upon the property after reasonable attempts to give |
20 | personal notice pursuant to (1) or (2) has failed. If the |
21 | removal is not completed within thirty days after personal |
22 | notice was effected, borough council shall provide for the |
23 | removal to be done by employes of the borough or persons hired |
24 | for that purpose at the expense of the borough. The costs of |
25 | removal shall be assessed against the owner of the cemetery, if |
26 | known, and collected pursuant to Article XXI-A. |
27 | Section 330. Sections 2806 and 2807 of the act are repealed: |
28 | [Section 2806. Powers of Borough.--Such transfer shall be |
29 | made without cost to the borough and upon being made the borough |
30 | shall exercise the powers and privileges of such incorporated |
|
1 | company, and may purchase land within or beyond the borough |
2 | limits, not to exceed thirty acres, for the extension of such |
3 | cemetery, and may raise the means to pay for the same, by the |
4 | sale of lots or otherwise, but in no event by taxation; the |
5 | borough may lay out lots so purchased and alter the original |
6 | plot of such cemetery, and may dispose of such grounds in the |
7 | same manner as such incorporated company could have done. |
8 | Section 2807. Deeds to Lots.--A deed for any lot, made by |
9 | the borough, shall be of the same validity as the deed of such |
10 | incorporated cemetery company; and the borough is authorized to |
11 | make deeds to those who theretofore purchased lots, but had not |
12 | been furnished with deeds by the cemetery company.] |
13 | Section 331. Sections 2808 and 2809 of the act are amended |
14 | to read: |
15 | Section 2808. Removing Bodies to Alter Plots.--In altering |
16 | the plot of any [such] cemetery, the bodies may be removed and |
17 | reinterred in a suitable place, but without cost to surviving |
18 | relatives. |
19 | Section 2809. Removal of Bodies to Other [Cemeteries.-- |
20 | Whenever any cemetery privately owned and in charge of no |
21 | person, or any cemetery in charge of any religious society or |
22 | church, has ceased to be used for interments, or has become so |
23 | neglected as to become a public nuisance; or when such cemetery |
24 | hinders the improvement and progressive interests of any |
25 | borough, or is desired by the borough as a site for any free |
26 | public library building, or for any other public purpose, the |
27 | court of quarter sessions of the county, upon petition of the |
28 | managers of such cemetery; or upon the petition of fifty |
29 | residents in the vicinity in case such cemetery is not in charge |
30 | of anyone, setting forth that the improvements and progressive |
|
1 | interests of such borough are hampered and the welfare of such |
2 | borough is injured; or upon the petition of such borough setting |
3 | forth that such cemetery is desired by the borough for the |
4 | erection thereon of a free public library building, or for use |
5 | as a recreation place, or the opening, laying out or extension |
6 | through said land of any street, or for any other public |
7 | purpose; and after three successive weeks of advertisement in a |
8 | newspaper of general circulation in the borough may direct the |
9 | removal of the remains of the dead from such cemetery.] |
10 | Cemeteries.--(a) The court of common pleas may, upon petition |
11 | and notice as set forth in this section, direct the removal of |
12 | the remains of the dead from a privately owned cemetery, |
13 | borough-owned cemetery, any cemetery affiliated with any |
14 | religious society or church or with any other organization, when |
15 | the cemetery has ceased to be used for interments, or has become |
16 | so neglected as to become a public nuisance, or when the |
17 | cemetery hinders the improvement and progressive interests of |
18 | the borough, or is desired by the borough as a site for any |
19 | public purpose. |
20 | (b) The petition to the court for the removal of the remains |
21 | of the dead shall be made in accordance with any of the |
22 | following: |
23 | (1) The managers of the cemetery in charge of a religious |
24 | society or church or any other organization, but only in |
25 | pursuance of the wishes of a majority of the members of the |
26 | society or church or any other organization, expressed at a |
27 | meeting held for that purpose after two weeks' public notice. |
28 | The managers' petition shall set forth that the cemetery has |
29 | ceased to be used for interments. |
30 | (2) Approval of fifty residents of the borough if the |
|
1 | cemetery is not in charge of anyone, setting forth that the |
2 | improvements and progressive interests of the borough are |
3 | hampered and the welfare of the borough is injured by the |
4 | presence of the cemetery. |
5 | (3) Borough council setting forth that the cemetery has |
6 | become so neglected as to become a public nuisance, or that the |
7 | improvements and progressive interests of the borough are |
8 | hampered and the welfare of the borough is injured by the |
9 | presence of the cemetery, or that the land is desired for a |
10 | public purpose. |
11 | (c) Prior to the court authorizing the removal of the |
12 | remains of the dead from a cemetery, notice shall be given by |
13 | advertisement in a newspaper once a week for three successive |
14 | weeks. |
15 | (d) The removal shall be made by the managers of the |
16 | cemetery, or by the borough when the cemetery is in charge of no |
17 | one or is a borough-owned cemetery, in a careful manner, at the |
18 | expense of the party making the removal, to another cemetery as |
19 | may be selected, or if so desired by relatives or other |
20 | interested parties, to some cemetery in the vicinity. |
21 | (e) Relatives or other interested parties of the dead may |
22 | remove the remains, at any time during the proceedings, at their |
23 | own expense, before removal by the managers or the borough. |
24 | (f) All bodies, when so removed, shall be placed in separate |
25 | caskets and graves, and the markers placed over the remains of |
26 | the bodies shall be taken by the persons authorized to make the |
27 | removal, and placed as near as can be in the same relative |
28 | position as before removal. |
29 | (g) After the removal of all dead bodies from any such |
30 | cemetery, the land shall cease to be a cemetery or burial |
|
1 | ground, and may be acquired by the borough as other real estate |
2 | is acquired for borough purposes. |
3 | Section 332. Sections 2810, 2811, 2812, 2813, 2814 and 2815 |
4 | of the act are repealed: |
5 | [Section 2810. Applications for Removal.--No application, as |
6 | provided in the preceding section, shall be made by the managers |
7 | of any cemetery, in charge of any society or church, except in |
8 | pursuance of the wishes of a majority of the members of such |
9 | society or church, expressed at a meeting held for that purpose |
10 | after two weeks' public notice. |
11 | Section 2811. Removals; How Made.--Such removal shall be |
12 | made by the managers of such cemetery, or by the borough when |
13 | such cemetery is in charge of no one, in a careful manner, at |
14 | the expense of the party making such removal, to such other |
15 | cemetery as may be selected; or if so desired by relatives or |
16 | friends, to some cemetery in the vicinity. |
17 | Section 2812. Notice of Removal.--The parties making such |
18 | removal shall publish, for two successive weeks, in a newspaper |
19 | of general circulation in the borough, a notice declaring their |
20 | intention to remove such remains. |
21 | Section 2813. Removal by Relatives and Friends.--Relatives |
22 | and friends of such dead may remove such remains, at any time |
23 | during such proceedings, at their own expense, before removal by |
24 | the managers. |
25 | Section 2814. Care in Removal.--All bodies, when so removed, |
26 | shall be placed in separate caskets and graves, and the markers |
27 | placed over the remains of such bodies shall be taken by the |
28 | persons authorized to make such removal, and placed as near as |
29 | can be in the same relative position as before removal. |
30 | Section 2815. Right to Use Property From Which Bodies |
|
1 | Removed.--After the removal of all dead bodies from any such |
2 | cemetery, the said land shall cease to be a cemetery or burial |
3 | ground for all and any purpose whatsoever; and may be acquired |
4 | by the borough as other real estate is acquired for borough |
5 | purposes.] |
6 | Section 333. Section 2816 of the act, amended October 4, |
7 | 1978 (P.L.962, No.189), is amended to read: |
8 | Section 2816. Purchase of Plots for Burial of Deceased |
9 | Service Persons.--Any borough may purchase plots of ground, in |
10 | any cemetery or burial ground within its limits, for the |
11 | interment of [such] deceased members of the armed forces, as |
12 | have [heretofore] died before or shall [hereafter] die later |
13 | within [such] the borough, or shall die beyond [such] the |
14 | borough and shall have a legal residence within the borough at |
15 | the time of their death, and whose bodies are entitled to be |
16 | buried by the county under the provisions of existing law. |
17 | [Such] The plots of ground shall be paid for out of the treasury |
18 | of [such] the borough. |
19 | Section 334. Article XXIX heading of the act is reenacted to |
20 | read: |
21 | ARTICLE XXIX |
22 | LICENSES AND LICENSE FEES |
23 | Section 335. Sections 2901 and 2902 of the act are amended |
24 | to read: |
25 | Section 2901. Licensing Transient Retail Business.--[Every |
26 | borough shall have power] (a) Any borough may, by ordinance, |
27 | [to] regulate and license [each and every person, firm or |
28 | corporation] transient merchants engaged in any transient retail |
29 | business[,] within [such] the borough[,]. Transient merchants |
30 | shall include any person, partnership or corporation engaged in |
|
1 | any transient retail business for the sale of goods, wares, or |
2 | merchandise, whether [such] the business [shall be] is conducted |
3 | from a fixed location within the borough or by any person or |
4 | persons engaged in peddling, soliciting, or taking of orders |
5 | from house to house[, and to]. The ordinance may prohibit the |
6 | commencement or doing of any [such] transient retail business |
7 | [or] unless the license required by [such] the ordinance has |
8 | been procured from the proper authorities by the person, firm, |
9 | or corporation desiring to commence [such] the transient retail |
10 | business[, and to enforce such ordinances]. The ordinance may |
11 | provide for enforcement by penalties or [by] other appropriate |
12 | means. The amount of any [such] license fee shall bear a |
13 | reasonable relationship to the cost of administering [such] the |
14 | ordinance and regulating[, investigating,] and inspecting [and |
15 | supervising such] the transient retail business. |
16 | (b) No license fee shall be charged under this section to |
17 | the following transient merchants, unless such transient |
18 | merchant is also selling other goods, wares and merchandise not |
19 | excepted: |
20 | (i) [to farmers] Farmers selling their own produce[,]. |
21 | (ii) [for the sale of] Persons selling goods, wares and |
22 | merchandise[, donated by the owners thereof,] if the proceeds |
23 | [whereof] of the sale are to be applied to any charitable or |
24 | philanthropic purpose[, or]. |
25 | (iii) [to any manufacturer or producer] Manufacturers or |
26 | producers in the sale of bread and bakery products, meat and |
27 | meat products, or milk [or] and milk products, [but the] |
28 | provided that milk and milk products shall not include or apply |
29 | to ice cream or other frozen desserts. |
30 | (c) The ordinance may require [any person, partnership, firm |
|
1 | or corporation in any or all of these excepted categories to] |
2 | that the transient merchants excepted from payment of a license |
3 | fee in subsection (b) must register with the borough[,] and |
4 | otherwise be subject to all other provisions of the ordinance |
5 | [except those pertaining to the payment of license fees: |
6 | Provided, the term "milk or milk products" shall not include or |
7 | apply to ice cream or other frozen desserts: And provided |
8 | further, That any transient retail business dealing in one or |
9 | more of the excepted categories and selling other goods, wares |
10 | and merchandise not excepted shall be subject to the license fee |
11 | fixed by the ordinance for its activities in connection with the |
12 | sale of goods, wares and merchandise not in any of the excepted |
13 | categories]. |
14 | Section 2902. Commonwealth Licenses Saved.--Nothing |
15 | contained in [section 2901 of this act] this article shall be |
16 | construed to relieve any person, partnership, or corporation |
17 | from the duty of taking out a license, or from the payment of |
18 | any license tax or fee imposed or authorized by any other |
19 | statute of this Commonwealth, nor shall any Commonwealth license |
20 | tax or fee preempt the registration, license, or regulatory |
21 | powers of a borough in accordance with this article, unless the |
22 | preemption is expressly authorized. |
23 | Section 336. Section 2903 of the act, amended October 5, |
24 | 1979 (P.L.197, No.66), is amended to read: |
25 | Section 2903. Licensing Parking Lots and Parking Garages |
26 | Operated for Profit.--Any borough may, by ordinance, regulate |
27 | the business of operating parking lots or parking garages for |
28 | profit within the borough and may require such lots or garages |
29 | to reserve areas exclusively for parking by handicapped |
30 | individuals. Ordinances shall be consistent with 75 Pa.C.S. |
|
1 | (relating to vehicles). Nothing in this section may be construed |
2 | to limit the protections and prohibitions contained in any law |
3 | or regulation relating to the rights of the disabled. License or |
4 | permit fees may be charged and collected from the operators of |
5 | [such] the parking lots or parking garages. Any borough adopting |
6 | such a regulatory plan shall require from each operator of |
7 | [such] a parking lot or parking garage a bond to be approved by |
8 | council for the protection of the public from loss of or damage |
9 | to vehicles parked, stored or placed under the jurisdiction of |
10 | [such] a parking lot or parking garage operator[: Provided, |
11 | That], provided that nothing in this section shall apply to |
12 | parking lots or parking garages operated by a municipal |
13 | authority or a parking authority. |
14 | Section 337. Sections 2904 and 2905 of the act are amended |
15 | to read: |
16 | Section 2904. Persons Taking Orders by Samples.--It shall be |
17 | unlawful for any borough to impose, levy or collect any license |
18 | fee or mercantile tax upon any persons taking orders for |
19 | merchandise by sample, from dealers or merchants[,] for |
20 | individuals or companies who pay a license fee or mercantile tax |
21 | at their chief places of business. Nothing in this section shall |
22 | authorize any such person, firm or corporation to sell by retail |
23 | to others than dealers or merchants without payment of a license |
24 | or permit fee. |
25 | Section 2905. Equality of Residents and Non-Residents.--It |
26 | shall be unlawful for any borough to impose, by ordinance, [or |
27 | exact] or collect under the provisions of any ordinance |
28 | [heretofore or hereafter enacted], any license [tax or] fee upon |
29 | or from any manufacturer, or the agent, representative or |
30 | employe of any manufacturer who is a resident of the |
|
1 | Commonwealth, for soliciting orders for, or for selling, any |
2 | goods, merchandise or wares manufactured within this |
3 | Commonwealth, that is not or cannot legally be imposed upon, [or |
4 | exacted,] or collected from, any manufacturer or dealer, or the |
5 | agent, representative, or employe of any manufacturer, who is a |
6 | non-resident of the Commonwealth, for soliciting orders for or |
7 | for selling any goods, merchandise, or wares manufactured |
8 | [without the] outside this Commonwealth. |
9 | Section 338. Section 2906 of the act is reenacted to read: |
10 | Section 2906. Insurance Business.--It shall be unlawful for |
11 | any borough to impose or collect any license fee upon any |
12 | insurance company or its agents, or insurance broker, authorized |
13 | to transact business under the laws of the Commonwealth. |
14 | Section 339. The act is amended by adding an article to |
15 | read: |
16 | ARTICLE XXIX-A |
17 | VETERANS' AFFAIRS |
18 | (a) Pennsylvania National Guard |
19 | Section 2901-A. Eminent domain for National Guard purposes. |
20 | Borough council may take, by right of eminent domain, for the |
21 | purpose of appropriating to the borough for the use of the |
22 | Pennsylvania National Guard, public lands, easements and public |
23 | property, as may be in its possession or control and used or |
24 | held by the borough for any other purpose. The right, however, |
25 | shall not be exercised as to any street or wharf. |
26 | Section 2902-A. Lands for armory purposes. |
27 | Borough council may acquire, by purchase or by gift or by the |
28 | right of eminent domain, any land for the use of the |
29 | Pennsylvania National Guard, to convey the lands so acquired to |
30 | the Commonwealth in order to assist the State Armory Board in |
|
1 | the erection of armories. The power conferred by this section |
2 | shall not be exercised to take any church property, graveyard, |
3 | cemetery or any dwelling-house or the curtilage of the same in |
4 | the actual occupancy of the owner. |
5 | Section 2903-A. Appropriation to assist in erection of |
6 | armories. |
7 | Borough council may appropriate money or convey land, either |
8 | independently or in conjunction with any municipality for the |
9 | purpose of assisting the State Armory Board in the erection of |
10 | armories for the use of the Pennsylvania National Guard and to |
11 | furnish water, sewer service, light or fuel, free of cost, to |
12 | the Commonwealth for use in any armory of the Pennsylvania |
13 | National Guard, and to do all things necessary to accomplish the |
14 | purpose of this section. |
15 | Section 2904-A. Support of Pennsylvania National Guard units. |
16 | Borough council may appropriate annually a sum to be used and |
17 | expended exclusively for the support and maintenance, discipline |
18 | and training of any company, battalion, regiment or similar unit |
19 | of the Pennsylvania National Guard. Where the units are |
20 | organized as a company, battalion, regiment or similar |
21 | organization, the total amount due may be paid to the commanding |
22 | officer of the company, battalion, regiment or similar |
23 | organization. Any moneys so appropriated shall be paid by |
24 | warrant drawn to the order of the commanding officer of the |
25 | company, battalion, regiment or similar organization, only when |
26 | it shall be certified to the borough, by the Adjutant General, |
27 | that the company or companies have satisfactorily passed the |
28 | annual inspection provided by law. The commanding officer shall |
29 | account, by proper vouchers to the borough each year, for the |
30 | expenditure of the money appropriated, and no appropriation |
|
1 | shall be made for any subsequent year until the expenditure of |
2 | the previous year is duly and satisfactorily accounted for. The |
3 | accounts of the expenditures shall be subject to the inspection |
4 | of the Department of Military and Veterans Affairs, and shall be |
5 | audited by the Auditor General in the manner provided by law for |
6 | the audit of accounts of State moneys. |
7 | (b) Support of Veterans' Organizations |
8 | Section 2911-A. Appropriations to organizations of veterans and |
9 | American Gold Star Mothers. |
10 | Borough council may appropriate annually a sum to be divided |
11 | in amounts as council deems proper to organizations composed of |
12 | veterans of any war in which the United States was engaged or |
13 | the American Gold Star Mothers' Organization, to aid in |
14 | defraying the expenses of Memorial Day, Veterans' Day or any |
15 | similar day hereafter provided for by Federal or State law. The |
16 | payments shall be made to defray actual expenses only. Before |
17 | any payment is made, the organization receiving the |
18 | appropriation shall submit verified accounts of its |
19 | expenditures. |
20 | Section 2912-A. Payment of rent for veterans' organizations. |
21 | Borough council may appropriate annually a sum as council |
22 | deems proper to incorporated organizations of American veterans |
23 | of any war in which the United States was engaged, to be used in |
24 | the payment of the rent of any building or room or rooms in |
25 | which the post, branch, camp, detachment or lodge has its |
26 | regular meetings. |
27 | Section 2913-A. Rooms for veterans' and children of veterans' |
28 | organizations. |
29 | Borough council may furnish without charge to each |
30 | organization composed of American veterans of any war in which |
|
1 | the United States was engaged and children of such veterans, a |
2 | room or rooms in any public building of the borough. |
3 | Section 2914-A. Care and erection of memorials. |
4 | Borough council may take charge of, care for, maintain and |
5 | keep in good order and repair, at the expense of the borough, |
6 | any soldiers' monument, gun or carriage or similar memorial |
7 | situated in the borough, and not in the charge or care of any |
8 | person, body or organization, and not put up or placed by the |
9 | Government of the United States, the Commonwealth of |
10 | Pennsylvania, or the commissioners of the county, or by the |
11 | direction or authority of any other state. Borough council may |
12 | also receive and expend any moneys or funds from any person or |
13 | organization to be used for the maintenance of the memorials. |
14 | Additionally, borough council may contribute to the erection of |
15 | memorials in honor of those who served in any war in which the |
16 | United States was engaged and thereafter to properly and |
17 | adequately maintain the same. |
18 | Section 340. Article XXX heading and sections 3001, 3002, |
19 | 3003, 3004 and 3005 of the act are repealed: |
20 | [ARTICLE XXX |
21 | REAL ESTATE REGISTRY |
22 | Section 3001. Real Estate Registry Established.--For the |
23 | purpose of procuring accurate information in reference to the |
24 | ownership of real estate the council of any borough may provide |
25 | by ordinance for a registry thereof. |
26 | Section 3002. Maintenance of Real Estate Registry.--The |
27 | borough council in any borough in which a registry shall be |
28 | established shall appoint or designate any officer of the |
29 | borough or any other person to have charge of the real estate |
30 | registry, who shall, under the direction of the council, cause |
|
1 | to be made all necessary books, maps and plans, as will show the |
2 | situation and dimensions of each property thereon; which books, |
3 | maps, or plans shall be so prepared as to show the location and |
4 | the name of the owner or owners thereof, with blank spaces for |
5 | the name of the owner of each lot, and with provision for the |
6 | names of future owners and the dates of future transfers of |
7 | title. |
8 | Section 3003. Access to Public Records.--For the purpose of |
9 | establishing such registry, the person in charge of the real |
10 | estate registry of any borough shall have access without charge |
11 | to any public records wherein the necessary information may be |
12 | obtainable, and may also cause a search to be made in other |
13 | places for any muniments or evidences of title, not reported to |
14 | him as herein provided, and requisite for the completion of such |
15 | books, maps, or plans. |
16 | Section 3004. Keeping of Records.--The registry, books, maps |
17 | and plans shall be carefully preserved, and shall be so kept, by |
18 | additions from time to time, as to show the ownership of every |
19 | lot, or piece of real estate, or subdivision thereof, within the |
20 | limits of the borough, with the succeeding transmissions of |
21 | title from the time of the commencement of such plans, but |
22 | nothing contained therein shall, at any time, invalidate any |
23 | municipal or tax claim by reason of the fact that the same is |
24 | not assessed or levied against the registered owner. |
25 | Section 3005. Duties of Owners of Real Estate.--It shall be |
26 | the duty of all owners of real estate within the limits of the |
27 | borough, within one month after the date of the enactment of any |
28 | ordinance establishing such registry, and of every subsequent |
29 | purchaser, devise, or other owner, within one month after |
30 | acquiring title in any manner whatsoever to any real estate in |
|
1 | such borough, to furnish to the person in charge of the real |
2 | estate registry, at his office, descriptions of their respective |
3 | properties upon blanks to be furnished by the borough, and at |
4 | the same time to present their conveyances to be stamped as |
5 | evidence of the registry thereof.] |
6 | Section 341. Section 3006 of the act, amended October 9, |
7 | 1967 (P.L.360, No.158), is repealed: |
8 | [Section 3006. Registry Required Before Recording.--The |
9 | sheriffs of the respective counties in which any such borough is |
10 | situated shall present for registry the deeds of all properties |
11 | within such borough sold by them at judicial sales; and the |
12 | recorders of deeds of such counties shall not admit for record |
13 | any deed of any property in such borough, bearing dates |
14 | subsequent to the enactment of an ordinance providing for the |
15 | establishment of such registry, unless the same shall first have |
16 | been duly stamped as herein provided.] |
17 | Section 342. Article XXXI heading of the act is reenacted to |
18 | read: |
19 | ARTICLE XXXI |
20 | HEALTH AND SANITATION |
21 | Section 343. Sections 3101 and 3102 of the act are amended |
22 | to read: |
23 | Section 3101. Establishment of Board of Health; Health |
24 | Officers.--[The administration of the health laws and ordinances |
25 | in boroughs shall be enforced by a board of health, or by a |
26 | health officer or officers, as the case may be, appointed by the |
27 | borough council. |
28 | Where the borough council elects to appoint a health officer |
29 | or officers the said health officer or officers] (a) Borough |
30 | council may, by ordinance, appoint a board of health, or a |
|
1 | health officer or officers in lieu of a board of health, to |
2 | administer and enforce the health laws and related ordinances of |
3 | the borough. Health officers appointed by borough council shall |
4 | have the same powers and duties, and exercise the same |
5 | authority, as is prescribed for boards of health in boroughs. |
6 | All health officers, whether appointed by boards of health |
7 | pursuant to section 3106(b) or by the borough council, shall |
8 | have had some experience or training in public health work [in |
9 | accordance with rules and regulations established by the |
10 | Advisory Health Board of the State] and shall be, or within six |
11 | months of taking the oath of office, shall become certified for |
12 | the office of health officer by the Department of Health. [Such |
13 | health officers shall not enter upon the performance of their |
14 | duties until they are certified so to do by the State Department |
15 | of Health.] |
16 | (b) All expenses incurred by the board of health, its |
17 | officers or employes in the performance of the duties required |
18 | by law or by ordinance, shall be paid by the borough where the |
19 | duties are performed, in the same manner as other expenses of |
20 | the borough are paid. |
21 | (c) A borough may, by ordinance, dissolve a board of health |
22 | and decide to become subject to the jurisdiction of a county |
23 | department of health or joint county department of health in |
24 | accordance with the act of August 24, 1951 (P.L.1304, No.315), |
25 | known as the "Local Health Administration Law." |
26 | Section 3102. Members of Board of Health.--(a) Where the |
27 | borough council decides to appoint a board of health [such], the |
28 | board shall be composed of three or five members, appointed by |
29 | borough council, at least one of whom shall be a [physician] |
30 | professional health care provider of not less than two years' |
|
1 | experience in the practice of [his] the respective profession. |
2 | [The members of the board shall be appointed by the borough |
3 | council.] If no professional health care provider can be |
4 | identified to serve on the board, council may, instead, appoint |
5 | an individual who has experience in or is knowledgeable of |
6 | public health issues. At the first appointment one member shall |
7 | be appointed to serve for one year, one for two years, one for |
8 | three years, and, in the case of boards with five members, one |
9 | for four years, and one for five years; and thereafter one |
10 | member shall, in like manner, be appointed each year to serve |
11 | for three years or, in the case of boards with five members, |
12 | five years. The members of the board of health shall serve |
13 | without compensation, but if any member of the board shall be |
14 | elected to the office of secretary of the board of health, [he] |
15 | the member shall be entitled to receive a salary fixed by the |
16 | board for that office. |
17 | (b) "Professional health care provider" as described in this |
18 | section shall mean an individual who is approved, licensed, |
19 | certified or otherwise regulated to practice or operate in the |
20 | health care field under the laws of this Commonwealth, |
21 | including, but not limited to, a physician, a dentist, a |
22 | podiatrist, a chiropractor, an optometrist, a psychologist, a |
23 | pharmacist, a registered or practical nurse, a physical |
24 | therapist, a physician's assistant, a paramedic, an |
25 | administrator of a hospital, nursing or convalescent home or |
26 | other health care facility or individuals licensed to practice |
27 | veterinary medicine under the laws of this Commonwealth. |
28 | Section 344. Section 3103 of the act, amended June 25, 2001 |
29 | (P.L.651, No.56), is amended to read: |
30 | Section 3103. Oaths of Members, Secretary and Health |
|
1 | Officer; Organization; Bonds.--The members of the board shall |
2 | severally take and subscribe to the oath prescribed for borough |
3 | members of council [together with such loyalty oath as is |
4 | prescribed and required by law;] and shall annually organize by |
5 | electing a president from among the members of the board, a |
6 | secretary who may or may not be a member of the board, and a |
7 | health officer. The secretary and the health officer shall |
8 | receive such salary as may be fixed by the board, and ratified |
9 | by the borough council, and shall serve [for a period] until |
10 | such time as their successors may be elected and qualified. If |
11 | the borough council shall so require, they shall severally give |
12 | bond to the borough in such sums as council shall prescribe for |
13 | the faithful discharge of their duties. They shall take and |
14 | subscribe to the oaths required of members of the board. |
15 | Section 345. Sections 3104, 3105, 3106, 3107, 3108, 3109, |
16 | 3110 and 3111 of the act are amended to read: |
17 | Section 3104. Duties of Secretary.--The secretary of the |
18 | board shall [keep]: |
19 | (1) Keep and maintain, in accordance with 53 Pa.C.S. Ch. 13 |
20 | Subch. F (relating to municipal records), the minutes of the |
21 | proceedings of the board[; shall] and keep accurate accounts of |
22 | the expenditures of the board[; shall draw]. |
23 | (2) Draw all requisitions for the payment of moneys on |
24 | account of the board of health from appropriations made by the |
25 | borough council [of] to the board, and [shall] present the same |
26 | to the president of the board for [his] the president's |
27 | approval[; shall render]. |
28 | (3) Render statements of the expenditures to the board at |
29 | each stated meeting, or as frequently as the board may require[; |
30 | shall prepare,]. |
|
1 | (4) Prepare, under the directions of the board, the annual |
2 | report to the borough council together with the estimate of |
3 | appropriation needed for the ensuing year. [He shall report] |
4 | (5) Report to the State Department of Health at such |
5 | intervals as shall be specified by [the State] law or |
6 | regulation, the cases of communicable disease reported to the |
7 | board of health, on the form provided for that purpose by [such] |
8 | the department[;] and [shall also] make an annual report to |
9 | [such] the department[; and shall make]. |
10 | (6) Make such other reports and perform such other duties as |
11 | the board may require. |
12 | Section 3105. Powers and Duties of Health Officer.--It shall |
13 | be the duty of the health officer to attend all [stated] regular |
14 | and special meetings of the board of health, and at all times be |
15 | ready and available for the prompt performance of [his] the |
16 | officer's official duties[. He shall perform], including such |
17 | duties as are vested in local health officers by State laws and |
18 | regulations. [He] The health officer shall make sanitary |
19 | inspection and shall execute the orders of the board of health |
20 | and shall, in the performance of [his] the health officer's |
21 | duties, have the power and authority [of a policeman] to issue |
22 | citations for the violation of applicable laws and ordinances. |
23 | Section 3106. Powers of Board of Health.--(a) The board of |
24 | health shall have the power, and it shall be its duty to |
25 | [enforce]: |
26 | (1) Enforce the laws of the Commonwealth, the regulations of |
27 | the State Department of Health, and all ordinances of the |
28 | borough enacted to promote public health and prevent the |
29 | introduction and spread of infectious or contagious disease[; to |
30 | abate]. |
|
1 | (2) Abate and remove all nuisances [which] that the board |
2 | shall deem [prejudicial] detrimental to the public health[;] and |
3 | to mark infected houses or places[; to recommend]. |
4 | (3) Recommend rules [for the construction and maintenance of |
5 | house-drains, wash-pipes, soil-pipes and cesspools; and to |
6 | recommend all such other rules] and regulations as shall be |
7 | deemed necessary for the preservation of the public health and |
8 | for carrying into effect the powers and functions of the board. |
9 | [Such] The rules and regulations shall not become effective |
10 | until they have been approved by the borough council and enacted |
11 | as ordinances of the borough. [The board shall also have power, |
12 | with the consent of council, in case of a prevalence of any |
13 | contagious or infectious disease to establish one or more |
14 | emergency hospitals, and to make provisions and regulations for |
15 | the maintenance and management of the same. |
16 | The board shall also have the power to recommend to council |
17 | all necessary rules and regulations not inconsistent with law, |
18 | for carrying into effect the powers and functions with which the |
19 | board is invested by law, and the power and authority relating |
20 | to the public health conferred on boroughs. Such rules and |
21 | regulations shall not become effective until they have been |
22 | approved by the borough council and enacted as ordinances of the |
23 | borough.] |
24 | (b) The board of health may appoint a health officer or |
25 | officers. |
26 | Section 3107. Entry Upon Premises.--(a) The board of health |
27 | as a body, or by committee, as well as the health officer, |
28 | together with their assistants, subordinates, and [workmen] |
29 | employes, under and by order of the [said] board, shall have the |
30 | power to enter at [any time] a reasonable time and in a |
|
1 | reasonable manner upon any premises in the borough upon which |
2 | there is suspected to be any infectious or contagious disease, |
3 | or nuisance detrimental to the public health, for the purpose of |
4 | examining and abating the same. |
5 | (b) In the event that entry upon any premises is refused by |
6 | an owner, an agent of an owner or a tenant, the board of health |
7 | or health officer shall obtain an administrative search warrant |
8 | from any magisterial district judge within the judicial district |
9 | where the premises to be inspected is located. |
10 | (c) It shall be sufficient to support the issuance of a |
11 | warrant for the board of health or health officer to provide to |
12 | the magisterial district judge evidence of any of the following: |
13 | (1) Reasonable standards and an administrative plan for |
14 | conducting inspections. |
15 | (2) The condition of the premises or general area and the |
16 | passage of time since the last inspection. |
17 | (3) Facts, supported by oath or affirmation, alleging that |
18 | probable cause exists that a law, regulation or ordinance |
19 | subject to enforcement by the board of health or health officer |
20 | has been violated. |
21 | Section 3108. Inspections; Abatement of Nuisances.--The |
22 | board of health [may inspect house-drains, waste and soil-pipes, |
23 | cesspools, water-closets, slaughter-houses, hog-pens, stable- |
24 | yards and] shall have the power to inspect any conditions or |
25 | places [whatsoever] in the borough which may constitute a |
26 | nuisance or a menace to public health[; and whenever]. Whenever |
27 | any condition or place in the borough is found by the board to |
28 | be a nuisance or a menace to the health of the people of the |
29 | borough it shall issue a written order of abatement, directed to |
30 | the owner, or agent of the owner, of the premises, stating that |
|
1 | the conditions specified [therein] in the premises constitute a |
2 | nuisance or a menace to health, and ordering an abatement |
3 | thereof within [such] reasonable time as may be specified by the |
4 | board in [such] the order. [In case such] If the order of |
5 | abatement is not obeyed within the time specified [therein], the |
6 | board shall [thereupon] issue a further written order to the |
7 | health officer, directing [him] the health officer to remove or |
8 | abate the same[; which]. The order shall be executed by [him and |
9 | his] the health officer and subordinates and [workmen] agents, |
10 | and the expense [thereof] of execution with a penalty of ten |
11 | percent [thereof added thereto], shall be recoverable from the |
12 | owner of the premises upon or from which the nuisance or menace |
13 | to health is abated or removed, in the same manner as debts of |
14 | like character are now collected by law[; or the said board of |
15 | health may proceed to enforce such other remedy, or inflict such |
16 | penalty, as may be provided by ordinance of the borough]. In |
17 | lieu of, or in addition to the above procedure, borough council |
18 | may seek relief from a nuisance or threatened nuisance by an |
19 | action at law or in equity. Council may seek the guidance of the |
20 | board of health or the health officer in determining the nature |
21 | of the relief requested. |
22 | Section 3109. Estimates of Expenditures; Report.--It shall |
23 | be the duty of the board of health or of the health officer or |
24 | officers appointed by borough council to submit annually to the |
25 | council, before the commencement of the fiscal year, an estimate |
26 | of the probable expenditures of the board or the health officer |
27 | or officers during the ensuing year; and council shall then |
28 | proceed to make [such] appropriations as may be deemed |
29 | necessary. The board of health, or the health officer or |
30 | officers, shall, in the month of January of each year, submit a |
|
1 | report, in writing, to council of its appropriation and |
2 | expenditures for the preceding year, together with such other |
3 | information on subjects relative to the sanitary conditions or |
4 | requirements of the borough as may be necessary. |
5 | Section 3110. Cooperation With Other Units.--Any borough may |
6 | cooperate with the county or counties in which it is located, or |
7 | with any [city, borough, or township] municipal corporation, as |
8 | well as with the State Department of Health, in the |
9 | administration and enforcement of health laws. |
10 | Section 3111. Powers of [Secretary of Health.--Whenever, in |
11 | the opinion of the Secretary of Health, conditions found by him |
12 | to exist in any borough shall constitute a menace to the lives |
13 | and health of people living outside the corporate limits of such |
14 | borough or if it be known by him that any borough is without an |
15 | existing or efficient board of health, he or his agents may take |
16 | full charge of and administer the health laws, regulations and |
17 | ordinances in such borough; and may continue in charge thereof |
18 | until he shall decide that a competent and efficient board of |
19 | health, or health officer or officers, has been appointed and |
20 | qualified for such borough and is ready, able and willing to |
21 | assume and carry into effect the duties imposed upon it by law.] |
22 | Department of Health to Administer Health Laws; Expenses.--(a) |
23 | Nothing in this act may be construed as to limit any power or |
24 | duty of the Department of Health, including the power to take |
25 | full charge of the administration of health laws, regulations |
26 | and ordinances in a borough and collect any costs associated |
27 | therewith in accordance with Article XXI of the act of April 9, |
28 | 1929 (P.L.177, No.175), known as "The Administrative Code of |
29 | 1929." |
30 | (b) Any expenses of the Department of Health for which the |
|
1 | borough is liable shall be paid by the borough where the |
2 | expenses have been incurred, in the same manner as other |
3 | expenses of the borough are paid. All expenses incurred by the |
4 | Department of Health, when paid or when collected, shall be |
5 | returned by the department to the State Treasurer, who shall |
6 | credit the amount so received to the appropriation made to the |
7 | Department of Health. |
8 | (c) Whenever expenses incurred in accordance with the |
9 | provisions of subsection (b) shall remain unpaid by a borough |
10 | for a period over three months after a statement of the expense |
11 | has been rendered to the borough and demand for payment is made, |
12 | the Secretary of Health shall, with the approval of the |
13 | Governor, institute, in the name of the Commonwealth as |
14 | plaintiff, an action of assumpsit against the borough for the |
15 | collection of the expense from the borough in the same manner as |
16 | debts of like amount are collected by law. Upon the trial of the |
17 | action, the reasonableness of the expenditures made by the |
18 | secretary shall be submitted to the jury for its determination. |
19 | Section 346. Sections 3112, 3113 and 3114 and Article XXXIII |
20 | heading of the act are repealed: |
21 | [Section 3112. Expenses of Board or Secretary of Health.-- |
22 | All expenses incurred by any local board of health, its officers |
23 | or employes, in the performance of the duties imposed upon it by |
24 | law, and all expenses incurred by the Secretary of Health or his |
25 | agents in accordance with the provisions of this article shall |
26 | be paid by the borough wherein such duties are performed, in the |
27 | same manner as other expenses of such borough are paid. |
28 | Section 3113. Failure to Pay Expenses Incurred by State |
29 | Secretary.--Whenever expenses incurred by the Secretary of |
30 | Health or his agents in the administration of health laws in any |
|
1 | borough in accordance with the provisions of this article, shall |
2 | remain unpaid by said borough for a period over three months |
3 | after a statement of such expense has been rendered by him to |
4 | such borough and demand for payment by him made, he shall, with |
5 | the approval of the Governor, institute, in the name of the |
6 | Commonwealth as plaintiff, an action of assumpsit against such |
7 | borough for the collection of such expense from the borough in |
8 | the same manner as debts of like amount are collected by law: |
9 | Provided, That upon the trial of any such action of assumpsit, |
10 | the reasonableness of the expenditures made by the Secretary of |
11 | Health shall be submitted to the jury for its determination. |
12 | Section 3114. Disposition of Collected Funds.--All expenses |
13 | incurred by the Secretary of Health in the administration of |
14 | health laws in any borough, when paid to him by such borough, or |
15 | when collected by him, shall be returned by him to the State |
16 | Treasurer, who shall credit the amount so received to the |
17 | appropriation made to the Department of Health. |
18 | ARTICLE XXXII |
19 | ZONING] |
20 | Section 347. The act is amended by adding an article to |
21 | read: |
22 | ARTICLE XXXII-A |
23 | UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE |
24 | CODE AND RESERVED POWERS |
25 | Section 3201-A. Primacy of Uniform Construction Code. |
26 | (a) General rule.--The act of November 10, 1999 (P.L.491, |
27 | No.45), known as the Pennsylvania Construction Code Act, and the |
28 | Uniform Construction Code adopted under section 301 of the |
29 | Pennsylvania Construction Code Act shall apply to the |
30 | construction, alteration, repair and occupancy of all buildings |
|
1 | and structures within a borough that are used or intended for |
2 | supporting or sheltering any occupancy. |
3 | (b) Primacy.--This section and any ordinance, rule or |
4 | regulation adopted pursuant to this section shall not supersede |
5 | or abrogate the Pennsylvania Construction Code Act or the |
6 | Uniform Construction Code and shall be construed and read in |
7 | pari materia with them. |
8 | Section 3202-A. Changes in Uniform Construction Code. |
9 | A borough may propose and enact an ordinance to equal or |
10 | exceed the minimum requirements of the Uniform Construction Code |
11 | in accordance with section 503 of the act of November 10, 1999 |
12 | (P.L.491, No.45), known as the Pennsylvania Construction Code |
13 | Act. |
14 | Section 3203-A. Public nuisance. |
15 | Any building, housing or property, or part of any building, |
16 | housing or property erected, altered, extended, reconstructed, |
17 | removed or maintained, contrary to any of the provisions of any |
18 | ordinance passed for any of the purposes specified in this |
19 | article may be declared, by a court of law, a public nuisance, |
20 | and may be abatable as such. |
21 | Section 3204-A. Property maintenance code. |
22 | (a) Property maintenance codes.--Notwithstanding the primacy |
23 | of the Uniform Construction Code, a borough may enact a property |
24 | maintenance ordinance, and it may incorporate any standard or |
25 | nationally recognized property maintenance code, or any |
26 | variations or changes or parts of the code, published and |
27 | printed in book form, without incorporating the text of the code |
28 | in the ordinance, or a borough may enact any standard or |
29 | nationally recognized property maintenance code or any changes |
30 | or variations or parts, as its ordinance. In either event, the |
|
1 | ordinance, or any changes or variations or parts, need not be |
2 | advertised after passage, but notice of its consideration, in |
3 | reasonable detail, shall be published as will give adequate |
4 | notice of its contents and a reference to the place or places |
5 | within the borough where copies of the proposed property |
6 | maintenance code may be examined or obtained. The notice |
7 | required by this subsection shall be published once in one |
8 | newspaper at least one week and not more than three weeks prior |
9 | to the presentation of the proposed property maintenance code to |
10 | council. No fewer than three copies of the ordinance adopted by |
11 | council shall be made available for public inspection and use |
12 | during business hours or be made available to any interested |
13 | party at the cost of the copies, or may be furnished or lent |
14 | without charge. A property maintenance code adopted by reference |
15 | need not be recorded in or attached to the ordinance book, but |
16 | shall be deemed to have been legally recorded if the ordinance |
17 | by which the code was adopted by reference shall have been |
18 | recorded, with an accompanying notation stating where the full |
19 | text of the code shall have been filed. The ordinance may |
20 | provide for reasonable property fines and penalties for |
21 | violations of the ordinance. The procedure under this section |
22 | relating to the adoption of the ordinance may likewise be |
23 | utilized in amending, supplementing or repealing any of the |
24 | provisions of the ordinance. |
25 | (b) Property maintenance inspectors.--Council may appoint |
26 | property maintenance inspectors who shall have the right to |
27 | enter upon, subject to constitutional standards in a similar |
28 | manner as provided in section 3107, and inspect any premises at |
29 | all reasonable hours and in a reasonable manner for the |
30 | administration and enforcement of the borough's property |
|
1 | maintenance code or ordinance incorporating a standard or |
2 | nationally recognized property maintenance code. Any fees |
3 | payable to property maintenance inspectors under the ordinance |
4 | shall be paid by the property maintenance inspectors to the |
5 | borough treasurer for the use of the borough as promptly as may |
6 | be. |
7 | (c) Legal actions.--In addition to the penalties provided by |
8 | the property maintenance ordinance, the borough may institute |
9 | appropriate actions or proceedings at law or in equity to |
10 | prevent or restrain property maintenance violations. |
11 | (d) Construction.--The powers of a borough as provided in |
12 | this section shall be in addition to, but not limited to, the |
13 | powers provided in the act of November 26, 2008 (P.L.1672, |
14 | No.135), known as the Abandoned and Blighted Property |
15 | Conservatorship Act, and 53 Pa.C.S. Ch. 61 (relating to |
16 | neighborhood blight reclamation and revitalization). |
17 | Section 3205-A. Reserved powers. |
18 | (a) Police powers.--Nothing in this article may be construed |
19 | as limiting or restricting the police power which boroughs may |
20 | be authorized to exercise in conformity with the act of November |
21 | 10, 1999 (P.L.491, No.45), known as the Pennsylvania |
22 | Construction Code Act, and the Uniform Construction Code, |
23 | including the exercise of those powers set forth in subsection |
24 | (b) that are not prohibited by or inconsistent with the |
25 | Pennsylvania Construction Code Act or the Uniform Construction |
26 | Code. |
27 | (b) Preserved powers.--If, as a result of legislative action |
28 | or otherwise, the Uniform Construction Code or any replacement |
29 | code is no longer made applicable to boroughs, a borough may: |
30 | (1) Enact and enforce ordinances to govern and regulate |
|
1 | the construction, reconstruction, alteration, extension, |
2 | repair, conversion, maintenance, occupation, sanitation, |
3 | ventilation, heating, egress, lighting, electric wiring, |
4 | water supply, toilet facilities, drainage, plumbing, fire |
5 | prevention, fireproofing, including prescribing limitations |
6 | wherein only buildings of noncombustible material and |
7 | fireproofed roofs are used in construction, erection or |
8 | substantial reconstruction, use and inspection of all |
9 | buildings and housing or parts of buildings and housing and |
10 | the roofs, walls and foundations of buildings and housing, |
11 | and all facilities and services in or about the buildings or |
12 | housing constructed, erected, altered, designed or used, in |
13 | whole or in part, for any use or occupancy, and the |
14 | sanitation and inspection of land appurtenant to the |
15 | buildings or housing. The codes may be combined or separately |
16 | enacted or combined with the property maintenance code. A |
17 | borough may adopt, amend or incorporate by reference any |
18 | standard or nationally recognized code or any variations or |
19 | changes or parts of the code as its ordinance in the manner |
20 | provided in section 3204-A. The ordinance may provide for |
21 | reasonable fines and penalties for violations of the |
22 | ordinance in compliance with Article XXXIII. |
23 | (2) Require that before any work of construction, |
24 | reconstruction, alteration, extension, repair or conversion |
25 | of any building is begun, approval of the plans and |
26 | specifications be secured. |
27 | (3) Council may appoint building inspectors, housing |
28 | inspectors, property maintenance inspectors, fire prevention |
29 | inspectors, electrical inspectors and plumbing inspectors, |
30 | and fix their compensation. The inspectors shall have the |
|
1 | right to enter upon, subject to constitutional standards in a |
2 | similar manner as provided in section 3107, and inspect any |
3 | premises at all reasonable hours and in a reasonable manner, |
4 | for the administration and enforcement of the borough's |
5 | adopted codes or ordinances incorporating standard or |
6 | nationally recognized codes. Any fees payable to inspectors |
7 | under the ordinances shall be paid by them to the borough |
8 | treasurer for the use of the borough as promptly as may be. |
9 | (4) In addition to the penalties provided by ordinances, |
10 | the borough may institute appropriate actions or proceedings |
11 | at law or in equity to prevent or restrain the unlawful |
12 | construction, reconstruction, alteration, extension, repair, |
13 | conversion, maintenance, use or occupation of property |
14 | located within the borough, to restrain, correct or abate the |
15 | violation and to prevent the use or occupancy of the |
16 | building, housing or structure. |
17 | Section 348. Article XXXIII heading of the act is amended to |
18 | read: |
19 | ARTICLE XXXIII |
20 | [ENFORCEMENT OF] ORDINANCES |
21 | Section 349. Section 3301 of the act, amended October 9, |
22 | 1967 (P.L.399, No.181) and repealed in part April 28, 1978 |
23 | (P.L.202, No.53), is repealed: |
24 | [Section 3301. Prosecution of Ordinance Violators; |
25 | Disposition of Fines, Penalties and Costs.--Any violation or |
26 | failure to comply with any provision of any borough ordinance |
27 | shall constitute a summary offense and prosecution for every |
28 | such offense shall be according to the practice in the case of |
29 | summary convictions.] |
30 | Section 350. The act is amended by adding subdivisions to |
|
1 | read: |
2 | (a) General Provisions |
3 | Section 3301.1. Ordinances; resolutions. |
4 | (a) General rule.--Borough council shall enact ordinances in |
5 | accordance and not inconsistent with the provisions of this act |
6 | and with the laws of this Commonwealth, in which general or |
7 | specific powers of the borough shall be exercised as it shall |
8 | deem beneficial to the borough and to provide for the |
9 | enforcement of the same. Borough council may amend, repeal or |
10 | revise existing ordinances by the enactment of subsequent |
11 | ordinances. |
12 | (b) Legislative acts.--Every legislative act of council |
13 | shall be by ordinance and these legislative acts shall include, |
14 | but not be limited to, tax ordinances, general appropriation |
15 | ordinances, capital expenditures not payable out of current |
16 | funds, and all legislation exercising the police power of the |
17 | borough, regulating land use, development and subdivision, |
18 | imposing building, plumbing, electrical, property maintenance, |
19 | housing and similar standards, and otherwise regulating the |
20 | conduct of persons or entities within the borough and imposing |
21 | penalties for the violation thereof. |
22 | (c) Resolutions.--Borough council shall adopt resolutions in |
23 | accordance and not inconsistent with the provisions of this act. |
24 | The purposes for which resolutions may be adopted shall include, |
25 | but not be limited to, ceremonial or congratulatory expressions |
26 | of the good will of the council, statements of public policy of |
27 | the council, approval of formal agreements of the borough, other |
28 | than agreements arising under an established purchasing system |
29 | of the borough, the approval, when required, of administrative |
30 | rules, regulations and bylaws arising under State statutes or |
|
1 | borough ordinances and the filling of borough-appointed |
2 | positions and of vacancies of elected officials unless otherwise |
3 | provided. |
4 | (d) Real and personal property matters.--Borough council's |
5 | approval of the acquisition, disposition and leasing of real or |
6 | personal property shall be by adoption of a resolution. |
7 | Section 3301.2. Publication of proposed ordinances. |
8 | (a) Publication requirements.--Except where otherwise |
9 | provided in this act or in other law, borough council shall |
10 | publish every proposed ordinance once in one newspaper no more |
11 | than 60 days nor fewer than seven days prior to enactment, which |
12 | the seventh day shall fall on the day prior to the day when |
13 | council shall vote on the proposed ordinance. Publication of any |
14 | proposed ordinance shall include either the full text or the |
15 | title and a brief summary prepared by the borough solicitor |
16 | setting forth all the provisions in reasonable detail and a |
17 | reference to a place within the borough where copies of the |
18 | proposed ordinance may be examined. |
19 | (b) Publication of summary.--If the full text is not |
20 | included in the publication of the proposed ordinance, the |
21 | following shall apply: |
22 | (1) The newspaper in which the proposed ordinance is |
23 | published shall, upon request, be furnished a copy of the |
24 | full text. |
25 | (2) An attested copy of the full text shall be filed in |
26 | the county law library or other county office designated by |
27 | the county commissioners who may impose a fee no greater than |
28 | that necessary to cover the actual costs of storing the |
29 | proposed ordinance. |
30 | (3) The date of the filing with the county, as provided |
|
1 | in paragraph (2), shall not affect the effective date of the |
2 | ordinance and shall not be deemed a defect in the process of |
3 | the enactment of the ordinance. |
4 | (c) Notice of amendments.--In the event substantial |
5 | amendments are made in the proposed ordinance, before voting |
6 | upon enactment, council shall within ten days readvertise in one |
7 | newspaper, a brief summary setting forth all the provisions in |
8 | reasonable detail together with a summary of the amendments. |
9 | Section 3301.3. Enactment, approval and veto of ordinances; |
10 | effective date. |
11 | (a) Approval by mayor.-- |
12 | (1) Every ordinance enacted by council shall be |
13 | presented to the mayor for the mayor's approval. As a matter |
14 | of law, presented to the mayor shall be deemed to mean |
15 | delivery to the mayor by hand delivery or certified mail, |
16 | addressee only, to the mayor at the mayor's last known |
17 | address. Delivery shall be deemed complete upon depositing in |
18 | the mail, postage or charges prepaid, as evidenced by a |
19 | certificate of mailing. |
20 | (2) If the mayor approves the ordinance, he or she shall |
21 | sign it. If the mayor does not approve the ordinance, the |
22 | mayor shall return it with his or her objections which shall |
23 | be entered upon the minutes, to the council at its next |
24 | scheduled meeting occurring at least ten days after the |
25 | meeting at which the ordinance was enacted by council. |
26 | Council shall proceed to a reconsideration of the ordinance |
27 | either at the meeting at which the vetoed ordinance was |
28 | returned or no later than ten days thereafter at any other |
29 | scheduled meeting. If, after reconsideration, a majority of |
30 | all elected council members plus one votes to override the |
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1 | mayor's veto, the ordinance shall have full force and effect |
2 | as if it had received the approval of the mayor. The vote |
3 | shall be determined by yeas and nays, and the names and votes |
4 | of the members shall be entered upon the minutes. A scheduled |
5 | meeting, as used in this section, may be either a regular, |
6 | special or reconvened meeting. |
7 | (3) If any ordinance shall not be returned by the mayor |
8 | at council's next scheduled meeting occurring at least ten |
9 | days after its presentation to the mayor, the ordinance shall |
10 | have full force and effect as if it had been approved by the |
11 | mayor. |
12 | (b) Effective date.--The effective date of an enacted |
13 | ordinance, except as otherwise provided in the ordinance, shall |
14 | be the date when the mayor shall approve it or the date of |
15 | enactment by the council over the veto of the mayor, or in the |
16 | case of any ordinance not returned by the mayor at the next |
17 | scheduled meeting of council occurring at least ten days after |
18 | the meeting at which the ordinance was enacted by the council, |
19 | the date of enactment shall be the date of the succeeding |
20 | scheduled meeting of council. |
21 | (c) Tax ordinance.--When council shall present the mayor |
22 | with the annual tax ordinance referred to in section 1310.1, the |
23 | mayor shall, within ten days of receiving the tax ordinance |
24 | approve or return the tax ordinance to the borough secretary |
25 | with a statement setting forth the mayor's objections. Council |
26 | shall proceed to a reconsideration at any scheduled meeting held |
27 | no later than ten days after the mayor has returned the tax |
28 | ordinance to the secretary with the mayor's objections. The |
29 | mayor's objections shall be entered upon the minutes of the |
30 | meeting. A veto of the tax ordinance of the borough may be |
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1 | overridden by a vote of a majority of all elected council |
2 | members plus one. After that action, the ordinance shall have |
3 | full force and effect as if it had received the approval of the |
4 | mayor. If the mayor neither approves the tax ordinance nor |
5 | returns it with objections, the date of enactment of the tax |
6 | ordinance shall be the date of the adoption of the tax ordinance |
7 | by council. |
8 | Section 3301.4. Recording, advertising and proof of ordinances. |
9 | All borough ordinances shall, within 30 days after (1) |
10 | approval by the mayor, or (2) council's override of the mayor's |
11 | veto or (3) council's next scheduled meeting after its |
12 | presentation to the mayor, be recorded by the borough secretary |
13 | in a book provided for that purpose, which shall be open to the |
14 | inspection of citizens during normal business hours. All |
15 | ordinances may be proved by the certificate of the borough |
16 | secretary, under the corporate seal. When printed or published |
17 | in book or pamphlet form by the authority of the borough, the |
18 | ordinances or resolutions shall be read and received as evidence |
19 | in all courts and places without further proof. The entry of the |
20 | borough ordinance in the ordinance book shall be sufficient, |
21 | without the signature of the president of council, mayor or |
22 | member of council. Any and all borough ordinances or portions |
23 | thereof, the text of which, prior to the effective date of this |
24 | act, shall have been attached to the ordinance book, shall be |
25 | considered in force just as if the ordinances or portions |
26 | thereof had been recorded directly upon the pages of the |
27 | ordinance book, provided that all other requirements of this act |
28 | applicable to the enactment, approval, advertising and recording |
29 | of the ordinances or portions of ordinances were complied with |
30 | within the time limits prescribed by this act. |
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1 | Section 3301.5. Codification of ordinances. |
2 | (a) Consolidation, codification and revision.--When a |
3 | borough has prepared a consolidation, codification or revision |
4 | of the general body of borough ordinances, or the ordinances on |
5 | a particular subject, the borough council may adopt the |
6 | consolidation, codification or revision as an ordinance of the |
7 | borough in accordance with section 3301.1(a), except as |
8 | hereinafter provided. |
9 | (b) Enactment.--Any consolidation, codification or revision |
10 | of borough ordinances to be enacted as a single ordinance shall |
11 | be introduced in the borough council at least 30 days before its |
12 | final enactment. At least 15 days before its final enactment, |
13 | notice of the introduction of any consolidation, codification or |
14 | revision, specifying its general nature and listing its table of |
15 | contents, shall be given by advertisement in a newspaper. |
16 | (c) Notice.--When any consolidation, codification or |
17 | revision has been enacted as an ordinance, it shall not be |
18 | necessary to advertise the entire text, but it shall be |
19 | sufficient in any case, to publish a notice stating that the |
20 | consolidation, codification or revision, notice of the |
21 | introduction of which had previously been given, was finally |
22 | enacted. |
23 | (d) Contents of notice.--In the course of preparing a |
24 | consolidation, codification or revision of ordinances, a borough |
25 | may utilize the procedure set forth in subsections (a), (b) and |
26 | (c) to enact a complete group or body of ordinances, repealing |
27 | or amending existing ordinances as may be necessary. In such |
28 | cases, the advertisement giving notice of the introduction shall |
29 | list, in lieu of a table of contents, the titles only of each of |
30 | the ordinances in a complete group or body of ordinances, as was |
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1 | finally enacted. |
2 | Section 3301.6. Appeals from ordinances. |
3 | Complaint as to the legality of any ordinance or resolution |
4 | may be made to the court of common pleas. In cases of ordinances |
5 | laying out streets over private lands, the court shall have |
6 | jurisdiction to review the propriety as well as the legality of |
7 | the ordinance. |
8 | Section 3301.7. Lost ordinance books to be replaced; recording |
9 | ordinances. |
10 | (a) Lost ordinance books.--Whenever any ordinance book or |
11 | books are lost, destroyed or become unserviceable, the borough |
12 | council may provide by ordinance for a new ordinance book or |
13 | books into which shall be recorded by the secretary all of the |
14 | ordinances contained in the lost, destroyed or unserviceable |
15 | ordinance book or books. The secretary, in recording the |
16 | ordinances, shall make complete copies of the ordinances, |
17 | including the date of enactment and approval and the names of |
18 | the officers who signed the same, and, after notice given, as |
19 | provided in this section, and corrections made, shall certify |
20 | each ordinance as a correct copy of the original. |
21 | (b) Recording ordinances.--The ordinance providing for the |
22 | recording of ordinances shall be recorded in the ordinance book, |
23 | immediately following the ordinances so recorded and it shall |
24 | provide that the secretary of the borough, upon the completion |
25 | of the recording, shall publish once, in one newspaper, a notice |
26 | stating that ordinances of the borough contained in lost, |
27 | destroyed or unserviceable ordinance book or books, and that the |
28 | old books and records of borough ordinances and the new |
29 | ordinance book are open to public inspection for the purpose of |
30 | verification and correction for a period of 30 days from the |
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1 | date of the notice. |
2 | (c) Certification by secretary of borough.--The secretary of |
3 | the borough, at the expiration of the notice, shall make all |
4 | corrections, and shall then certify that all of the ordinances |
5 | have been compared with the originals and that they are correct |
6 | copies. After the ordinances are recorded, notice given, and the |
7 | certificate of correction made, the ordinances so recorded shall |
8 | take the place of the original record and shall be the valid and |
9 | legal ordinances of the borough for the period covered by the |
10 | new ordinance book. |
11 | (b) Enforcement |
12 | Section 3321. Fines and penalties. |
13 | An ordinance enacted by borough council pursuant to this act |
14 | shall prescribe the fines and penalties which may be imposed for |
15 | its violation and shall, unless otherwise specified in any other |
16 | law of this Commonwealth, designate the method of its |
17 | enforcement in accordance with the following: |
18 | (1) Except as provided in paragraph (2), when the |
19 | penalty imposed for the violation of an ordinance enacted |
20 | pursuant to the provisions of this act is not voluntarily |
21 | paid to the borough, the borough shall initiate a civil |
22 | enforcement proceeding before a magisterial district judge. |
23 | The civil enforcement proceeding shall be initiated by |
24 | complaint or by such other means as may be provided by the |
25 | Pennsylvania Rules of Civil Procedure. An ordinance which is |
26 | to be enforced through a civil enforcement proceeding may |
27 | prescribe civil penalties not to exceed $600 per violation. A |
28 | borough shall be exempt from the payment of costs in any |
29 | civil case brought by the borough to enforce an ordinance in |
30 | accordance with this paragraph. |
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1 | (2) For an ordinance regulating building, housing, |
2 | property maintenance, health, fire, public safety, parking, |
3 | solicitation, curfew, water, air or noise pollution, borough |
4 | council shall provide that its enforcement shall be by action |
5 | brought before a magisterial district judge in the same |
6 | manner provided for the enforcement of summary offenses under |
7 | the Pennsylvania Rules of Criminal Procedure. The municipal |
8 | solicitor may assume charge of the prosecution without the |
9 | consent of the District Attorney as required under |
10 | Pa.R.Crim.P. No. 454 (relating to trial in summary cases). |
11 | Borough council may prescribe criminal fines not to exceed |
12 | $1,000 per violation and may prescribe imprisonment to the |
13 | extent allowed by law for the punishment of summary offenses. |
14 | Violations of the property maintenance code or ordinance may |
15 | also be enforced pursuant to section 3204-A(c). |
16 | (3) All ordinances enacted prior to the effective date |
17 | of this clause, other than those regulating building, |
18 | housing, property maintenance, health, fire, public safety, |
19 | parking, solicitation, curfew, water, air or noise pollution, |
20 | shall be deemed automatically amended so that they shall be |
21 | enforced through a civil enforcement proceeding in accordance |
22 | with paragraph (1). |
23 | (4) In addition to or in lieu of enforcement of an |
24 | ordinance through a civil action or as a summary offense, as |
25 | provided in this section, boroughs may enforce ordinances |
26 | through an action in equity brought in the court of common |
27 | pleas of the county where the borough is situate. |
28 | (5) Ordinances, whether enforced through civil |
29 | proceedings or as a summary offense, may provide that a |
30 | separate offense shall arise for each day or portion of a day |
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1 | in which a violation is found to exist or for each section of |
2 | the ordinance which is found to have been violated. In the |
3 | event that such claims for fines and penalties exceed the |
4 | monetary jurisdiction of a magisterial district judge as set |
5 | forth in 42 Pa.C.S. § 1515(a) (relating to jurisdiction and |
6 | venue), exclusive of interest, costs or other fees, the |
7 | borough may bring such action in the court of common pleas or |
8 | may, pursuant to 42 Pa.C.S. § 1515(a), waive that portion of |
9 | fines or penalties that exceed the monetary jurisdictional |
10 | limits so as to bring the matter within the monetary |
11 | jurisdiction of the magisterial district judge. |
12 | (6) Ordinances may provide that any person found guilty |
13 | of violating an ordinance may be assessed court costs and |
14 | reasonable attorney fees incurred by the borough in the |
15 | enforcement proceedings. |
16 | (7) All fines, costs, penalties, and fees collected for |
17 | the violation of any borough ordinance shall be paid to the |
18 | borough treasurer. |
19 | (8) Borough council may delegate the initial |
20 | determination of ordinance violation and the service of |
21 | notice of violation to such officers or agents as the borough |
22 | shall deem qualified for that purpose. |
23 | Section 351. Sections 3306 and 3307 of the act are |
24 | renumbered and amended to read: |
25 | Section [3306] 3322. Commitments Pending Hearings.--Any |
26 | person arrested for the violation of a borough ordinance that |
27 | may be enforced as a summary offense may be committed to the |
28 | borough lockup, pending a hearing or trial, but in case there is |
29 | no suitable lockup in which to detain prisoners the person |
30 | arrested may be committed to the county jail. |
|
1 | Section [3307] 3323. Commitments After Hearing.--Upon |
2 | judgment against any person by summary conviction, or by |
3 | proceedings by summons on default of the payment of the fine or |
4 | penalty imposed and the costs, the defendant may be sentenced |
5 | and committed to the borough lockup for a period not exceeding |
6 | ten days or to the county jail [or workhouse] for a period not |
7 | exceeding thirty days. |
8 | Section 352. Section 3308 of the act, amended March 2, 1988 |
9 | (P.L.103, No.18), is repealed: |
10 | [Section 3308. Collection of Penalties.--No fine or penalty |
11 | shall exceed one thousand dollars ($1,000) for a violation of a |
12 | building, housing, property maintenance, health, fire or public |
13 | safety code or ordinance and for water, air and noise pollution |
14 | violations, and shall not exceed six hundred dollars ($600) for |
15 | a violation of any other borough ordinance.] |
16 | Section 353. Section 3309 of the act, repealed in part April |
17 | 28, 1978 (P.L.202, No.53), is renumbered and amended to read: |
18 | Section [3309] 3324. Payment of Costs by Borough.--When a |
19 | prisoner shall be committed to any county jail [or workhouse], |
20 | either for the nonpayment of a fine or penalty imposed for the |
21 | violation of any borough ordinance, or while awaiting a hearing |
22 | upon any charge for the violation of any borough ordinance that |
23 | is enforced as a summary offense, the expenses of maintaining |
24 | [such] the prisoner during [his] the prisoner's confinement |
25 | shall be paid by the borough, and the county shall not be liable |
26 | for any such maintenance. |
27 | Section 354. Article XXXIV and subdivision (a) headings of |
28 | the act are repealed: |
29 | [ARTICLE XXXIV |
30 | ACTIONS BY AND AGAINST BOROUGHS |
|
1 | (a) Municipal Claims] |
2 | Section 355. Section 3401 of the act, repealed in part April |
3 | 28, 1978 (P.L.202, No.53), is repealed: |
4 | [Section 3401. Collection of Municipal Claims.--In all |
5 | proceedings for the recovery of municipal claims an attorney's |
6 | commission of five percent may be included.] |
7 | Section 356. Article XXXIV subdivision (b) heading and |
8 | section 3415 of the act are repealed: |
9 | [(b) Defenses by Taxpayers |
10 | Section 3415. Liability in Bond Transfers.--All certificates |
11 | of loans, issued by a borough, shall be transferable by the |
12 | legal owner thereof without any liability on the part of the |
13 | transfer agents of the borough to recognize or see to the |
14 | execution of any trust, whether expressed, implied, or |
15 | constructive, to which such loans may be subject, unless such |
16 | transfer agents of the borough shall have previously received |
17 | notice in writing signed by or on behalf of the person for whom |
18 | such loans appear by the certificate thereof to be held in |
19 | trust, that the proposed transfer would be a violation of such |
20 | trust.] |
21 | Section 357. Article XXXV heading of the act is reenacted to |
22 | read: |
23 | ARTICLE XXXV |
24 | ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE |
25 | Section 358. Section 3501 of the act is amended to read: |
26 | Section 3501. Acts of Assembly Repealed; Saving Clause.--(a) |
27 | The following acts and parts of acts are hereby repealed as set |
28 | forth: |
29 | (1) The act of May 4, 1927 [(P.L.519)] (P.L.519, No.336), |
30 | known as "The Borough Code," and its reenactments and amendments |
|
1 | are repealed, except that section 2, act of May 23, 1961 |
2 | [(P.L.210)] (P.L.210, No.109), shall not be construed to be |
3 | repealed. |
4 | (2) The act of April 14, 1875 (P.L.55, No.58), entitled "An |
5 | act authorizing the burgess and town council of each of the |
6 | several boroughs throughout this commonwealth to levy and |
7 | collect a gas, kerosene oil and water tax," absolutely. |
8 | (3) The act of April 18, 1877 (P.L.55, No.55), entitled "An |
9 | act to provide through the courts of this commonwealth for the |
10 | erection of boroughs out of territory now included in cities of |
11 | the third class that have been formed by joining together two or |
12 | more boroughs," absolutely. |
13 | (4) The act of June 16, 1891 (P.L.302, No.232), entitled "A |
14 | further supplement to an act approved the sixteenth of April, |
15 | Anno Domini one thousand eight hundred and seventy-five, |
16 | entitled 'An act authorizing the burgess and town council of |
17 | each of the several boroughs throughout this Commonwealth to |
18 | levy and collect a gas, kerosene oil and water tax,' amended by |
19 | the act approved the eighth day of May, Anno Domini one thousand |
20 | eight hundred and seventy-six, providing for a further amendment |
21 | of section second, as amended by said last mentioned act, to |
22 | authorize the use of the money so raised and collected for the |
23 | purpose of illuminating said boroughs with electric light," |
24 | absolutely. |
25 | (5) The act of May 2, 1901 (P.L.120, No.87), entitled "An |
26 | act to prevent burgesses and councilmen of the several boroughs |
27 | within this Commonwealth from soliciting or receiving bribes, |
28 | and to punish any person who may offer to bribe the same," |
29 | absolutely. |
30 | (6) The act of May 4, 1927 (P.L.673, No.337), entitled "An |
|
1 | act relating to purchases by boroughs," absolutely. |
2 | (7) The act of April 26, 1929 (P.L.823, No.354), entitled |
3 | "An act permitting boroughs to provide a method of assessment |
4 | for borough taxes," absolutely. |
5 | (8) The act of April 11, 1931 (P.L.26, No.24), entitled "An |
6 | act to validate certain proceedings for municipal improvements, |
7 | municipal assessments, municipal claims, and municipal liens, in |
8 | the several boroughs of this Commonwealth, and validating such |
9 | improvements, assessments, claims, and liens; providing for the |
10 | filing of claims and liens therefor; and the proceedings for the |
11 | collection of such assessments and claims," absolutely. |
12 | (9) The act of June 12, 1931 (P.L.559, No.192), entitled "An |
13 | act to authorize boroughs to sue out writs of scire facias on |
14 | certain municipal claims, where more than five years have |
15 | elapsed since said claims were filed, and to reduce such claims |
16 | to judgment; and providing for the revival and collection of |
17 | such judgments," absolutely. |
18 | (10) The act of March 3, 1933 (P.L.8, No.5), entitled "An |
19 | act validating, ratifying and confirming acts and municipal |
20 | functions done, executed and performed, municipal works and |
21 | improvements instituted and completed, and affairs regulated by |
22 | boroughs in accordance with general borough laws, where such |
23 | boroughs were incorporated under local law, and no official |
24 | record of the acceptance of the general borough law is in |
25 | existence or can be found," absolutely. |
26 | (11) The act of July 12, 1935 (P.L.721, No.282), entitled |
27 | "An act authorizing boroughs to construct, reconstruct, and |
28 | repair sidewalks, gutters, curbs, and grass plots, in cases |
29 | where material is paid by the abutters, and labor is furnished |
30 | without cost to the borough," absolutely. |
|
1 | (12) The act of July 18, 1935 (P.L.1305, No.408), entitled |
2 | "An act authorizing boroughs to repay certain surcharges |
3 | heretofore made against councilmen for the purchase of any fire |
4 | apparatus where there was no fraud, corruption, or dishonesty, |
5 | or profit to such councilmen, and where the borough is in |
6 | possession of and uses such fire apparatus," absolutely. |
7 | (b) All other acts or parts of acts of Assembly supplied by, |
8 | inconsistent with or appertaining to the subject matter covered |
9 | by this act are hereby repealed. It is the intention that this |
10 | act shall furnish a complete and exclusive system for the |
11 | government and regulation of boroughs, except as to the several |
12 | matters enumerated in section 102 of article I of this act. |
13 | (c) Nothing contained in this act shall be construed to |
14 | repeal: |
15 | (1) Any local or special law. |
16 | (2) Any of the provisions of the Public Utility [Law] Code. |
17 | (3) Any of the provisions of any law relating to the |
18 | Navigation Commission for the Delaware River and its navigable |
19 | tributaries. |
20 | (4) Any of the provisions of any law, the enforcement of |
21 | which is vested in the Department of Health of the Commonwealth |
22 | or of the [Sanitary Water Board] Department of Environmental |
23 | Protection. |
24 | (5) Any of the provisions of any law the enforcement of |
25 | which is vested in the Department of [Forests and Waters or the |
26 | Water and Power Resources Board] Conservation and Natural |
27 | Resources. |
28 | (6) Any of the provisions of the act of [June 25, 1947 (P.L. |
29 | 1145), entitled, as amended, "An act empowering cities of the |
30 | second class, cities of the second class A, cities of the third |
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1 | class, boroughs, towns, townships of the first class, townships |
2 | of the second class, school districts of the second class, |
3 | school districts of the third class and school districts of the |
4 | fourth class to levy, assess, and collect or to provide for the |
5 | levying, assessment and collection of certain additional taxes |
6 | subject to maximum limitations for general revenue purposes; |
7 | authorizing the establishment of bureaus and the appointment and |
8 | compensation of officers and employes to assess and collect such |
9 | taxes; and permitting penalties to be imposed and enforced; |
10 | providing an appeal from the ordinance or resolution levying |
11 | such taxes to the court of quarter sessions and to the Supreme |
12 | Court and Superior Court," or of any of the amendments or |
13 | supplements to the said act.] December 31, 1965 (P.L.1257, |
14 | No.511), known as "The Local Tax Enabling Act." |
15 | (d) Nothing contained in this act shall be construed to |
16 | revive any act or part of an act heretofore repealed. |
17 | Section 359. This act shall take effect in 60 days. |
|