PRIOR PRINTER'S NO. 2152

PRINTER'S NO.  2755

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1702

Session of

2011

  

  

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

  

  

AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 15, 2011   

  

  

  

AN ACT

  

1

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

2

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

3

revising, amending and consolidating the law relating to

4

boroughs."

5

TABLE OF CONTENTS

6

ARTICLE I

7

PRELIMINARY PROVISIONS

8

Section 101.  Short Title.

9

Section 102.  Excluded Provisions.

10

Section 103.  Construction of Act Generally.

11

Section 104.  Constitutional Construction.

12

Section 105.  Construction of References.

13

Section 106.  Boroughs to Which Act Applies.

14

Section 107.  Acceptance of Act by Boroughs.

15

Section 107.1.  Acceptance of Act by Incorporated Towns.

16

Section 108.  Effective Date.

17

Section 109.  Publication of Notices.

18

Section 110.  Terms of Existing Officers Saved.

 


1

Section 111.  Definitions.

2

ARTICLE II

3

CREATION AND ALTERATION OF BOROUGHS

4

(a)  Incorporation of Boroughs

5

Section 201.  Areas May be Incorporated.

6

Section 202.  Applications for Incorporation.

7

Section 202.1.  Borough Advisory Committee.

8

Section 202.2.  Advisability of Incorporation; Certification of

9

Question for Referendum; Decree.

10

Section 205.  When Borough Government Becomes Effective;

11

Requisites of Charter.

12

Section 206.  Exclusion of Farm Lands.

13

Section 207.  Corporate Name.

14

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

15

Section 211.  Existing Government Preserved Temporarily;

16

Organization of Borough; Election of Borough

17

Officers.

18

Section 212.  Marking Borough Boundaries.

19

Section 213.  Agreement to Adjust Indebtedness Where Borough

20

Created.

21

Section 214.  Judicial Adjustment on Failure of Agreement.

22

Section 215.  Proceeding on Judicial Adjustment Award.

23

Section 216.  Exceptions to Report.

24

Section 217.  Compensation and Expenses of Commissioners; Costs.

25

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

26

More Counties.

27

Section 219.  Bond Issues; Taxation.

28

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

29

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

30

the Third Class.

- 2 -

 


1

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

2

Section 233.  When Borough Government Effective.

3

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

4

Election Districts and Certain Officers.

5

Section 235.  Costs and Expenses.

6

(d)  Consolidation or Merger of Boroughs and

7

Change of Corporate Name

8

Section 241.  Consolidation or merger.

9

Section 242.  Change of corporate name.

10

ARTICLE V

11

BOROUGH BOUNDARIES

12

Section 501.  Stream Boundaries.

13

Section 502.  Petition to Court; Establishment of Disputed

14

Boundaries.

15

Section 503.  Commissioners; Report.

16

Section 504.  Exceptions and Procedure.

17

Section 505.  Compensation and Expenses of Commissioners; Costs.

18

Section 506.  Boundary Monuments.

19

ARTICLE VI

20

BOROUGH WARDS

21

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

22

Wards and to Adjust, Alter and Establish Lines.

23

Section 602.  Petition of Electors.

24

Section 603.  Notice of Ordinance.

25

Section 604.  (Reserved).

26

Section 605.  (Reserved).

27

Section 606.  Terms of Officers.

28

ARTICLE VII

29

ASSOCIATIONS AND ORGANIZATIONS

30

Section 701.  State Association of Boroughs.

- 3 -

 


1

Section 701.1.  Authorization to Attend and Payment of Expenses

2

for Attending Meetings, Etc.

3

Section 701.2.  Compensation of Officers and Employes for

4

Attending Meetings, Etc.

5

Section 702.  County and Regional Associations of Boroughs.

6

Section 703.  Other Associations and Organizations.

7

Section 704.  Associations and Organizations for Mayors.

8

Section 705.  National or State Lodge of Police Officers.

9

ARTICLE VIII

10

ELECTIONS OF OFFICERS

11

(a)  General Provisions Relating to Elected Officers

12

Section 801.  Electors Only to be Eligible; Incompatibility.

13

Section 802.  Time and Place of Elections.

14

Section 803.  Certificates of Election.

15

Section 804.  Term; Bonds.

16

Section 805.  Election of Borough Officers When Boroughs

17

Created, Etc.

18

Section 806.  Officers to be Elected.

19

(b)  Members of Council

20

Section 811.  Election of Members of Council.

21

Section 812.  Election of Members of Council Where New Wards

22

Created.

23

Section 813.  Fixing Number of Members of Council When Wards

24

Created.

25

Section 814.  Increase in Number of Ward Council Members.

26

Section 815.  Decrease of Number of Ward Council Members.

27

Section 816.  Election of Members of Council Where Wards

28

Abolished.

29

Section 817.  Vacancies Created After a Primary Election.

30

Section 818.  Decrease in Number of Members of Council.

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1

ARTICLE IX

2

VACANCIES IN OFFICE

3

Section 901.  Filling Vacancies in Elective Borough Offices.

4

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

5

Collector Not Filled.

6

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

7

for Failure to Qualify.

8

Section 905.  Temporary Auditor.

9

ARTICLE X

10

POWERS AND DUTIES OF ELECTED

11

BOROUGH OFFICIALS

12

(a)  Council

13

Section 1001.  Organization of Council; Quorum; Participation by

14

Telecommunication Device; Voting; Compensation;

15

Eligibility.

16

Section 1002.  Oath of Members of Council.

17

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

18

Attendance of Mayor at Council Meetings; Breaking Tie

19

Votes.

20

Section 1004.  Failure of Council to Organize.

21

Section 1005.  Powers of Council.

22

Section 1006.  Duties of Council.

23

Section 1009.  Typewritten, Printed, Photocopied, Microfilmed

24

and Electronically or Digitally Stored Records Valid;

25

Recording or Transcribing Records.

26

Section 1014.  Hearings Before Council; Witnesses.

27

Section 1015.  Witness Fees and Mileage.

28

Section 1016.  Examination of Witnesses; Penalty.

29

(c)  Auditors

30

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

- 5 -

 


1

Section 1053.  Compensation of Auditors.

2

Section 1055.  Subpoenas; Oath; Perjury.

3

Section 1058.  Pay of Witnesses.

4

Section 1059.  Auditors to Settle Accounts Where Witnesses Do

5

Not Appear.

6

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

7

Report and Financial Statement.

8

Section 1059.2.  Attorney to Auditors.

9

Section 1059.3.  Surcharge by Auditors.

10

Section 1059.4.  Appeals from Audit.

11

Section 1059.5.  Taxpayers Appealing to Enter Bond.

12

Section 1059.6.  Procedure on Appeals.

13

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

14

Section 1059.8.  Attorney Fees.

15

Section 1059.9.  Balances Due to be Entered as Judgments.

16

Section 1059.10.  Penalty for Failure to Comply with Law.

17

Section 1059.11.  General Powers and Duties of Independent

18

Auditor.

19

(d)  Controller

20

Section 1061.  Oath and Bond of Controller.

21

Section 1062.  Salary of Controller.

22

Section 1063.  General Powers and Duties of Controller.

23

Section 1065.  Controller to Countersign Warrants.

24

Section 1066.  Controller to Prevent Appropriation Overdrafts.

25

Section 1067.  Amount of Contracts to be Charged Against

26

Appropriations.

27

Section 1068.  Controller's Recommendations on Borough Finances.

28

Section 1069.  Books to be Kept by Controller.

29

Section 1070.  Appeals from Controller's Report.

30

Section 1071.  Acceptance by Ordinance.

- 6 -

 


1

(f)  Tax Collector

2

Section 1086.  Powers and Duties of Tax Collector.

3

ARTICLE X-A

4

MAYOR

5

Section 1001-A.  Eligibility of mayor.

6

Section 1002-A.  Incompatible offices.

7

Section 1003-A.  Oath of mayor.

8

Section 1004-A.  Salary of mayor.

9

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

10

Section 1006-A.  General powers of mayor.

11

Section 1007-A.  Duties of mayor.

12

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

13

act as mayor.

14

ARTICLE XI

15

POWERS, DUTIES AND RIGHTS OF APPOINTED 

16

OFFICERS AND EMPLOYES

17

(a)  General Provisions

18

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

19

Employment.

20

Section 1102.  Accounts.

21

Section 1103.  Bonds.

22

Section 1104.  Appointments; Incompatible Offices.

23

Section 1105.  Compensation to Aged Employes.

24

Section 1105.1.  Retirement Benefits of Employes Transferred to

25

Wastewater Authorities.

26

(b)  Treasurer

27

Section 1106.  Bond and Duties.

28

Section 1107.  Assistant Treasurer.

29

(c)  Secretary

30

Section 1111.  Duties.

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1

Section 1112.  Assistant Secretary.

2

Section 1113.  Records Open to Inspection.

3

(d)  Solicitor

4

Section 1116.  Solicitor to Have Control of Legal Matters.

5

Section 1117.  Duties of Solicitor; Outside Counsel.

6

Section 1118.  Assistant Solicitor.

7

(e)  Police

8

Section 1121.  Council's Powers; Police.

9

Section 1122.  Police Serving Under Cooperative Agreement or

10

Contract.

11

Section 1123.  Police Badge.

12

Section 1123.1.  Mayor's Powers; Police.

13

Section 1124.  Suspension by Mayor.

14

Section 1125.  Compensation.

15

Section 1127.  School Crossing Guards.

16

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

17

of Less Than Three Members

18

Section 1131.  Police Pension Fund.

19

Section 1132.  Private Police Pension Funds; Optional Transfers.

20

(g)  Borough Manager

21

Section 1141.  Borough Manager May be Created by Ordinance;

22

Election.

23

Section 1142.  Powers and Duties[; Bond].

<--

24

Section 1143.   Other Offices Not Incompatible.

25

(j)  Civil Service for Police and

26

Fire Apparatus Operators

27

Section 1171.  Appointments of Police and Fire Apparatus

28

Operators.

29

Section 1172.  Civil Service Commission Created; Appointments;

30

Vacancies; Oath; Compensation.

- 8 -

 


1

Section 1173.  Offices Incompatible with Civil Service

2

Commissioner.

3

Section 1174.  Organization of Commission; Quorum.

4

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

5

Section 1176.  Rules and Regulations.

6

Section 1177.  Minutes and Records.

7

Section 1178.  Investigations.

8

Section 1179.  Subpoenas.

9

Section 1180.  Annual Report.

10

Section 1181.  General Provisions Relating to Examinations.

11

Section 1182.  Application for Examination.

12

Section 1183.  Rejection of Applicant; Hearing.

13

Section 1184.  Eligibility List and Manner of Filling

14

Appointments.

15

Section 1185.  Age, Applicant's Residence.

16

Section 1186.  Probationary Period.

17

Section 1187.  Provisional Appointments.

18

Section 1188.  Promotions.

19

Section 1189.  Physical and Psychological Medical Examination.

20

Section 1190.  Removals.

21

Section 1191.  Hearings on Dismissals and Reductions.

22

Section 1192.  Employes Exempted.

23

Section 1193.  Discrimination on Account of Political or

24

Religious Affiliations.

25

Section 1194.  Penalty.

26

ARTICLE XII

27

CORPORATE POWERS

28

Section 1201.  General Powers.

29

Section 1201.1.  Real Property.

30

Section 1201.2.  Personal Property.

- 9 -

 


1

Section 1201.3.  Exceptions.

2

Section 1202.  Specific Powers.

3

Section 1203.  General Powers.

4

ARTICLE XIII

5

TAXATION AND FINANCE

6

Section 1301.  Fiscal Year.

7

Section 1302.  Tax Levy.

8

Section 1302.1.  Different and Separate Tax Levies.

9

Section 1303.  Special Levy to Pay Debts.

10

Section 1304.  Special Road Fund Tax.

11

Section 1305.  Date Tax Duplicate to Issue.

12

Section 1306.  Additions and Revisions to Duplicates.

13

Section 1307.  Preparation of Budget.

14

Section 1308.  Notice of Proposed Budget; Penalty.

15

Section 1309.  Revision and Completion of Budget.

16

Section 1310.  Adoption of Budget.

17

Section 1310.1.  Tax Ordinance.

18

Section 1311.  Amending Budget; Notice.

19

Section 1312.  Modification of Budget; Supplemental

20

Appropriations and Transfers.

21

Section 1313.  Payment from Borough Funds.

22

Section 1313.1.  Creation of Special Funds; Investments.

23

Section 1314.  Uniform Financial Report; Forms.

24

Section 1315.  Capital Improvements to Certain Public Service

25

Facilities.

26

Section 1316.  Investment of Funds.

27

ARTICLE XIV

28

CONTRACTS

29

Section 1401.  Power to Make Contracts.

30

Section 1402.  Regulation of Contracts.

- 10 -

 


1

Section 1403.  Evasion of Advertising Requirements.

2

Section 1404.  Personal Interest in Contracts or Purchases.

3

Section 1404.1.  Purchase Contracts for Petroleum Products; Fire

4

Company, Etc., Participation.

5

Section 1405.  Separate Bids for Plumbing, Heating, Ventilating

6

and Electrical Work.

7

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

8

Section 1410.  Acceptance by Contractor of Workers' Compensation

9

Act.

10

ARTICLE XV

11

EMINENT DOMAIN; ASSESSMENT OF DAMAGES;

12

DAMAGES FOR INJURY TO PROPERTY

13

(a)  General Provisions Relating to Eminent Domain

14

Section 1501.  Exercise of Eminent Domain.

15

Section 1502.  Restrictions as to Certain Property.

16

Section 1502.1.  Declaration of Intention.

17

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

18

(c)  Damages for Injury to Property

19

Section 1561.  Right to Damage Given in Certain Cases.

20

ARTICLE XVII

21

STREETS

22

(a)  General Provisions Relating to Streets

23

Section 1701.  Definitions.

24

Section 1704.  Streets Connecting With Street of Other

25

Municipality.

26

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

27

Section 1706.  Exclusive Nature of Provisions.

28

Section 1707.  Failure of Council to Hold Hearing.

29

Section 1708.  Street Lighting, Ornamental Lighting and Traffic

30

Control Signals and Devices.

- 11 -

 


1

(b)  Plan of Streets

2

Section 1712.  Borough Street Plan.

3

(c)  Laying Out Streets

4

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

5

Section 1721.2.  Laying Out Streets; Procedure.

6

Section 1724.  Effect of Laying Out Street.

7

(d)  Opening; Acceptance and Vacation of Streets

8

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

9

Section 1732.  Petition for Opening or Vacating Street; Action

10

Thereon.

11

Section 1733.  Action for Damages and Benefits; Award.

12

Section 1734.  Acceptance and Dedication of Streets.

13

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

14

Opened to Travel Without the Approval of Council.

15

(f)  Straightening and Relocating Streets

16

Section 1751.  Authority to Straighten and Relocate Streets;

17

Procedure.

18

(g)  Improvement of Borough Streets

19

Section 1761.  Proceedings With or Without Petition.

20

(h)  Improvement of Streets Outside or Partly

21

Outside Borough Limits

22

Section 1771.  Improvement of Streets Outside or Partly Outside

23

Borough Limits.

24

(i)  Acquisition or Use of Abutting Lands

25

Section 1782.  Acquisition of Property for Unobstructed View.

26

ARTICLE XVIII

27

SIDEWALKS

28

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

29

Compel the Construction Thereof.

30

Section 1802.  Sidewalks on Land Abutting State Highways and

- 12 -

 


1

Along Roads Outside Borough.

2

Section 1803.  Establishment of Grades.

3

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

4

and Curbing.

5

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

6

Section 1806.  Emergency Repairs to Sidewalks.

7

ARTICLE XIX

8

BRIDGES, VIADUCTS AND UNDERGROUND

9

PASSAGEWAYS

10

Section 1901.  Construction or Acquisition and Maintenance of

11

Bridges and Viaducts.

12

Section 1902.  Right to Appropriate Property; Assessment of

13

Damages.

14

Section 1903.  Boundary Bridges.

15

Section 1904.  Contracts With Railroads and Other Companies and

16

With Counties.

17

Section 1905.  Overhead and Underground Passageways.

18

ARTICLE XX

19

SANITARY SEWERS

20

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

21

and Construction of Sewage Treatment Works

22

Section 2001.  Power to Lay Out and Construct.

23

Section 2002.  Assessments.

24

Section 2009.  Extensions Beyond Borough Limits; Eminent Domain.

25

Section 2010.  Notice of Certain Ordinances.

26

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

27

Sewers.

28

Section 2013.  Opening Sanitary Sewers.

29

(b)  Joint Sanitary Sewers

30

Section 2021.  Joint Sanitary Sewer Systems.

- 13 -

 


1

Section 2023.  Connections with Sanitary Sewers of Adjacent

2

Municipalities.

3

Section 2024.  Applications to Court.

4

Section 2025.  Appointment of Viewers.

5

Section 2026.  Report of Viewers; Appeals to Court.

6

(d)  Acquisition of Community Collection or Disposal Systems

7

Section 2041.1.  Power to Acquire Community Collection or

8

Disposal Systems.

9

Section 2043.  Community Sewage Collection or Disposal Systems.

10

(e)  Connection and Use of Sanitary Sewers

11

Section 2051.  Ordinances to Require Sanitary Sewer Connections.

12

Section 2053.  Tapping Fees.

13

(f)  Monthly, Quarterly or Annual Rentals

14

Section 2061.  Ordinance for Monthly, Quarterly or Annual

15

Rental.

16

Section 2062.  How Rental Fixed.

17

Section 2063.  Collection of Rental.

18

ARTICLE XXI-A

19

ASSESSMENTS AND CHARGES FOR PUBLIC IMPROVEMENTS

20

Section 2101-A.  Authority to assess.

21

Section 2102-A.  Notice of assessments.

22

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

23

Section 2104-A.  Assessment of benefits conferred.

24

Section 2105-A.  Assessment awards.

25

Section 2106-A.  Petition for viewers.

26

Section 2107-A.  Payment of assessments in installments.

27

Section 2108-A.  Collection of assessments.

28

ARTICLE XXII

29

STORM SEWERS AND WATER COURSES

30

Section 2201.  Authority of Boroughs.

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1

Section 2202.  Right of Entry Upon Lands.

2

Section 2203.  Manner of Financing Work.

3

Section 2204.  Proceedings to Assess Damages.

4

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

5

Sewers.

6

Section 2206.  Power to Acquire Storm Sewer Systems.

7

ARTICLE XXIV

8

WATER SYSTEM

9

(a)  General Powers to Supply Water

10

Section 2401.  Power to Supply Water and Make Regulations.

11

Section 2402.  Contracts Not to Abridge Powers.

12

Section 2403.  Issue of Bonds Where Water System Acquired.

13

Section 2404.  Refunding Bonds.

14

Section 2406.  Contracts to Supply Water for Municipal Purposes.

15

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

16

Section 2408.  Assessment for Water Mains.

17

Section 2409.  Sale of Water System.

18

(a.1)  Acquisition by Eminent Domain

19

Section 2411.  Appropriation of Lands and Waters.

20

Section 2412.  Agreements as to Damages; Bonds.

21

(a.2)  Acquisition by Purchase after Appraisement

22

Section 2421.  Petition to Court Expressing Desire to Acquire a

23

Water System.

24

Section 2422.  Appointment of Engineers as Appraisers to Make

25

Valuation.

26

Section 2423.  Powers of Appraisers.

27

Section 2424.  Appeal from Appraisement.

28

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

29

Price Fixed.

30

Section 2426.  Bond Issue and Limitations.

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1

(a.3)  Power to Lease a Water System

2

Section 2431.  Lease of a Water System.

3

Section 2432.  Term of Lease; Rental.

4

Section 2433.  Operation of Property.

5

(a.4)  Joint Water System

6

Section 2436.  Joint Acquisitions and Constructions.

7

Section 2437.  Permit of Department of Environmental Protection.

8

Section 2438.  Joint Commission of a Water System.

9

(a.5)  Condemnation of Lands for Road Purposes

10

and to Prevent Contamination

11

Section 2441.  Prevention of Contamination of Water Supply;

12

Acquisition of Lands to Reconstruct Roads.

13

Section 2442.  Filing Maps and Plans.

14

(a.6)  Commission of the Water System

15

Section 2451.  Commission May Be Established.

16

Section 2452.  Terms of Commissioners; Compensation.

17

Section 2453.  Organization of Commissioners.

18

Section 2454.  Powers of Commission.

19

Section 2455.  Issue of Bonds.

20

Section 2456.  Plans and Specifications for the Improvements;

21

Contracts.

22

Section 2457.  Reports by Commission.

23

Section 2458.  Care of Funds.

24

(a.7)  Water Connections

25

Section 2461.  Ordinances to Require Water Connections.

26

Section 2462.  Notice of Ordinance; Failure to Comply With

27

Ordinance.

28

Section 2463.  Water Main Tapping Fees.

29

ARTICLE XXIV-A

30

MANUFACTURE AND SUPPLY OF ELECTRICITY

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1

Section 2401-A.  Definitions.

2

Section 2402-A.  General powers.

3

Section 2403-A.  Specific powers.

4

Section 2404-A.  Municipal power agencies.

5

Section 2405-A.  Additional contracting authority for electric

6

power and energy.

7

ARTICLE XXV-A

8

AIRPORTS

9

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

10

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

11

Section 2503-A.  Joint airports.

12

ARTICLE XXVI

13

WHARVES AND DOCKS

14

Section 2601.  Power With Regard to Wharves and Docks.

15

Section 2603.  Proceedings.

16

Section 2604.  How Damages Assessed.

17

Section 2605.  Leases.

18

Section 2606.  Market-Houses and Terminal Sheds.

19

Section 2607.  Public Use Preserved.

20

Section 2608.  Saving Clause.

21

ARTICLE XXVII

22

RECREATION PLACES, SHADE TREES, FORESTS

23

(a)  Parks and Playgrounds, Et Cetera

24

Section 2701.  Power to Maintain, Improve and Acquire.

25

Section 2703.  Appropriations for Public Purposes.

26

Section 2708.  Creation of Recreation Board.

27

Section 2709.  Composition of Board.

28

Section 2710.  Organization of Board; Employes.

29

Section 2713.  Lease for School Athletics.

30

(b)  Shade Trees

- 17 -

 


1

(1)  Power of Boroughs as to Shade Trees

2

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

3

Section 2720.1.  Maintenance by Borough; Tax Levy.

4

Section 2720.2.  Payment by Owners; Assessments.

5

Section 2720.3.  Notice of Work.

6

Section 2720.4.  Penalties.

7

(2)  Shade Tree Commission

8

Section 2721.  Shade Tree Commission.

9

Section 2722.  Composition of Commission.

10

Section 2724.1.  Duties of Commission.

11

(c)  Forests

12

Section 2751.  Acquisition of Land for Forest Purposes.

13

Section 2753.  Ordinance Declaring Intention.

14

Section 2754.  Appropriations of Money.

15

Section 2755.  Rules and Regulations.

16

Section 2756.  Appropriations and Revenues.

17

Section 2757.  Use of Forests.

18

Section 2758.  Ordinance of Sale.

19

Section 2759.  Pruning or Thinning Out; Sale of Products

20

Thereof.

21

ARTICLE XXVIII

22

CEMETERIES

23

Section 2800.  Appropriations for Burial Ground Maintenance.

24

Section 2800.1.  Burial of Deceased Persons.

25

Section 2801.  Management by Commission.

26

Section 2802.  Transfer from Borough to Company.

27

Section 2805.  Transfer from Company to Borough.

28

Section 2805.1.  Neglected or Abandoned Cemeteries.

29

Section 2808.  Removing Bodies to Alter Plots.

30

Section 2809.  Removal of Bodies to Other Cemeteries.

- 18 -

 


1

Section 2816.  Purchase of Plots for Burial of Deceased Service

2

Persons.

3

ARTICLE XXIX

4

LICENSES AND LICENSE FEES

5

Section 2901.  Licensing Transient Retail Business.

6

Section 2902.  Commonwealth Licenses Saved.

7

Section 2903.  Licensing Parking Lots and Parking Garages

8

Operated for Profit.

9

Section 2904.  Persons Taking Orders by Samples.

10

Section 2905.  Equality of Residents and Non-Residents.

11

Section 2906.  Insurance Business.

12

ARTICLE XXIX-A

13

VETERANS' AFFAIRS

14

(a)  Pennsylvania National Guard

15

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

16

Section 2902-A.  Lands for armory purposes.

17

Section 2903-A.  Appropriation to assist in erection of

18

armories.

19

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

20

(b)  Support of Veterans' Organizations

21

Section 2911-A.  Appropriations to organizations of veterans and

22

American Gold Star Mothers.

23

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

24

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

25

organizations.

26

Section 2914-A.  Care and erection of memorials.

27

ARTICLE XXXI

28

HEALTH AND SANITATION

29

Section 3101.  Establishment of Board of Health; Health

30

Officers.

- 19 -

 


1

Section 3102.  Members of Board of Health.

2

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

3

Organization; Bonds.

4

Section 3104.  Duties of Secretary.

5

Section 3105.  Powers and Duties of Health Officer.

6

Section 3106.  Powers of Board of Health.

7

Section 3107.  Entry Upon Premises.

8

Section 3108.  Inspections; Abatement of Nuisances.

9

Section 3109.  Estimates of Expenditures; Report.

10

Section 3110.  Cooperation With Other Units.

11

Section 3111.  Powers of Department of Health to Administer

12

Health Laws; Expenses.

13

ARTICLE XXXII-A

14

UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE

15

CODE AND RESERVED POWERS

16

Section 3201-A.  Primacy of Uniform Construction Code.

17

Section 3202-A.  Changes in Uniform Construction Code.

18

Section 3203-A.  Public nuisance.

19

Section 3204-A.  Property maintenance code.

20

Section 3205-A.  Reserved powers.

21

ARTICLE XXXIII

22

ORDINANCES

23

(a)  General Provisions

24

Section 3301.1.  Ordinances; resolutions.

25

Section 3301.2.  Publication of proposed ordinances.

26

Section 3301.3.  Enactment, approval and veto of ordinances;

27

effective date.

28

Section 3301.4.  Recording, advertising and proof of ordinances.

29

Section 3301.5.  Codification of ordinances.

30

Section 3301.6.  Appeals from ordinances.

- 20 -

 


1

Section 3301.7.  Lost ordinance books to be replaced; recording

2

ordinances.

3

(b)  Enforcement

4

Section 3321.  Fines and penalties.

5

Section 3322.  Commitments Pending Hearings.

6

Section 3323.  Commitments After Hearing.

7

Section 3324.  Payment of Costs by Borough.

8

ARTICLE XXXV

9

ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

10

Section 3501.  Acts of Assembly Repealed; Saving Clause.

11

The General Assembly of the Commonwealth of Pennsylvania

12

hereby enacts as follows:

13

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

14

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

15

Code, are reenacted to read:

16

ARTICLE I

17

PRELIMINARY PROVISIONS

18

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

19

be cited as "The Borough Code."

20

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

21

read:

22

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

23

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

24

relating to:

25

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

26

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

27

provided herein.

28

(2)  The collection of municipal claims by liens.

29

(3)  The method of incurring or increasing indebtedness.

30

(4)  Conduct of elections.

- 21 -

 


1

(5)  Public schools.

2

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

3

constables.

4

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

5

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

6

corporations] utilities.

7

(9)  State highways.

8

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

9

of corporate officers.

10

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

11

(relating to crimes and offenses).

12

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

13

vehicles).

14

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

15

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

16

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

17

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

18

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

19

part thereof heretofore repealed or superseded, nor affect the

20

corporate existence of any borough heretofore incorporated. The

21

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

22

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

23

prosecution pending or to be instituted to enforce any right or

24

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

25

repealed laws. All ordinances, resolutions, regulations, and

26

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

27

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

28

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

29

ordinances, resolutions, regulations and rules could have been

30

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

- 22 -

 


1

act of Assembly repealed by this act shall continue to hold

2

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

3

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

4

[passage] enactment of this act.

5

(b)  Borough council shall have the corporate powers and

6

duties and borough officials shall have the powers and duties

7

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

8

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

9

by this act.

10

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

11

Section 104.  Constitutional Construction.--The provisions of

12

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

13

be held to be unconstitutional, such decision shall not affect

14

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

15

is hereby declared as a legislative intent that this act would

16

have been adopted had such unconstitutional provision not been

17

included therein.

18

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

19

to read:

20

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

21

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

22

reference shall also apply to and include any codification

23

wherein the provisions of the act referred to are substantially

24

reenacted.

25

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

26

shall apply to all boroughs, including:

27

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

28

(2)  all boroughs incorporated under special law which have

29

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

30

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

- 23 -

 


1

also to]";

2

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

3

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

4

incorporation have been given the general powers of boroughs 

5

under the general law[, and also to];

6

(4)  all boroughs incorporated under or which have accepted

7

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

8

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

9

government for boroughs, and revising, amending, and

10

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

11

(5)  all boroughs incorporated under or which have accepted

12

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

13

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

14

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

15

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

16

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

17

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

18

to, any boroughs incorporated under special acts of Assembly,

19

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

20

section, this act does not apply].

21

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

22

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

23

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

24

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

25

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

26

incorporated under local laws. If a provision in this act

27

conflicts with a special or local law applicable to a borough

28

that has not otherwise been surrendered, the two shall be

29

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

30

the conflict between the two provisions is irreconcilable, the

- 24 -

 


1

provision in the local or special law shall prevail.

2

Section 107.  Acceptance of Act by Boroughs [and Incorporated

3

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

4

incorporated or acting under any local or special act of

5

Assembly, may surrender the provisions of its special and local

6

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

7

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

8

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

9

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

10

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

11

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

12

of the petitioners to surrender all of the provisions of its

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

the petition is filed.

21

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

22

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

23

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

24

inhabitant of the borough [or incorporated town] may remonstrate

25

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

26

refuse the petition as to it appears just and proper.

27

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

28

court shall be recorded in the office for the recording of

29

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

30

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

- 25 -

 


1

incorporated town shall become a borough and the local and

2

special acts of Assembly in force in any such boroughs or

3

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

4

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

5

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

6

incorporated town accepts the provisions of this act, the decree

7

of the court permitting such acceptance shall set forth the

8

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

9

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

10

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

11

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

12

inconsistent with this act or has been surrendered.

13

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

14

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

15

liabilities incurred, rights accrued or vested, obligations

16

issued or contracted, and all suits and prosecutions pending or

17

to be instituted to enforce any right or penalty accrued or

18

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

19

all ordinances shall continue with the same force and effect as

20

if no [such] acceptance had been made.

21

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

22

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

23

An incorporated town incorporated or acting under a local or

24

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

25

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

26

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

27

inconsistent with the provisions of this act adopted by the

28

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

29

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

30

the extent applicable, those provisions of its special and local

- 26 -

 


1

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

2

ordinance and until such time as the ordinance may be repealed

3

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

4

ordinance shall be the law applicable to the incorporated town

5

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

6

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

7

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

8

to the incorporated town.

9

(b)  An incorporated town incorporated or acting under any

10

local or special act of Assembly may elect to accept the

11

provisions of this act in their entirety and surrender all local

12

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

13

an incorporated town accepts the provisions of this act in their

14

entirety and surrenders all local and special acts, the

15

incorporated town shall become a borough and the decree of the

16

court permitting the acceptance shall set forth the name of the

17

new borough.

18

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

19

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

20

rights accrued or vested, obligations issued or contracted, and

21

all suits and prosecutions pending or to be instituted to

22

enforce any right or penalty accrued or punish any offense

23

committed prior to acceptance, and all ordinances shall continue

24

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

25

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

26

amend any provision of this act that has been adopted in

27

accordance with this section or section 107.

28

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

29

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

30

January 1, 1966.

- 27 -

 


1

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

2

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

3

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

4

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

<--

5

the notice shall be published in a newspaper [of general

<--

6

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

<--

7

known as the "Newspaper Advertising Act," and its amendments,] 

8

in 45 Pa.C.S. § 101 (relating to definitions) which is published

<--

9

and circulated in the borough or boroughs affected, or [such] a 

10

newspaper [of general circulation,] circulated in the borough or

<--

11

boroughs affected, which has bona fide paid circulation equal to

12

or greater than any newspaper published in the borough or

13

boroughs affected by the notice. [Such notice]

14

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

15

required to be published in a newspaper of general circulation 

<--

16

shall also be published in the legal [journal, if any,

17

designated by the rules of court for the publication of legal

18

notices and advertisements,] newspaper for the county of the

19

borough affected, if a legal newspaper exists, when [such] the 

20

notice refers to any proceeding in any court or the holding of

21

elections for the increase of indebtedness or the sale of

22

bonds[, unless such publication is dispensed with by special

23

order of the court].

24

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

<--

25

notices by means other than in a newspaper to the extent

26

authorized by law.

27

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

28

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

29

shall not be construed as affecting or terminating the term of

30

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

- 28 -

 


1

becomes effective.

2

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

3

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

4

context clearly indicates otherwise, the following words and

5

terms shall be construed as follows:

6

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

7

reference to any street shall mean any property physically

8

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

9

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

10

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

11

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

12

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

13

approval or veto of the mayor.]

14

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

15

the Pennsylvania Department of [Highways] Transportation.

16

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

17

Commonwealth of Pennsylvania.

18

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

19

recent decennial census of the United States or a later census

20

conducted by the United States Bureau of the Census, whichever

21

shall be the later.

22

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

23

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

24

home rule municipality other than a county.

25

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

26

county.

27

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

<--

28

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

29

circulated in the borough.

30

(8) (7)  "Pennsylvania Municipalities Planning Code" means

<--

- 29 -

 


1

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

2

"Pennsylvania Municipalities Planning Code."

3

[(6)] (9) (8)  "Street" means and includes any street, road,

<--

4

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

5

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

6

read:

7

ARTICLE II

8

CREATION AND ALTERATION OF BOROUGHS

9

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

10

is reenacted to read:

11

(a)  Incorporation of Boroughs

12

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

13

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

14

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

15

common pleas may incorporate as a borough any contiguous area

16

from one or more townships within their jurisdiction[, not

17

already incorporated or a part of an incorporated municipality

18

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

19

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

20

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

21

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

22

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

23

township of the second class.

24

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

25

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

26

amended to read:

27

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

28

application for incorporation shall be by a petition signed by a

29

majority of the freeholders residing within the limits of the

30

proposed borough and by the freeholders of a majority of the

- 30 -

 


1

territory within the limits of the proposed borough, when all

2

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

3

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

4

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

5

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

6

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

7

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

8

within three months immediately preceding the presentation

9

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

10

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

11

signers required to sign the petition shall be ascertained as of

12

the date the petition was presented to court.

13

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

14

which shall consist of two residents of the proposed borough,

15

two residents of the existing governmental unit or units

16

recommended by the respective governing body of the unit or

17

units and not residing within the proposed borough and one

18

resident of the county not residing in either area who shall

19

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

20

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

21

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

22

committee shall be appointed by and shall serve at the pleasure

23

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

24

court may entitle each such member to reimbursement for his

25

actual and necessary expenses incurred in the performance of his

26

official duties. The director of the County Planning Commission

27

shall serve as advisor to the committee.

28

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

29

advise the court in relation to the establishment of the

30

proposed borough. In particular, the committee shall render

- 31 -

 


1

expert advice and findings of fact relating to the desirability

2

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

3

as to:

4

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

5

adequate and reasonable community support services such as

6

police protection, fire protection and other appropriate

7

community facility services;

8

(2)  the existing and potential commercial, residential and

9

industrial development of the proposed borough; and

10

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

11

existing governmental unit or units.

12

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

13

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

14

proposed incorporation and shall hear the parties interested and

15

their witnesses. The court shall certify the question of the

16

proposed incorporation to the board of election of the county

17

for a referendum vote of the residents of the proposed borough

18

only if it finds that the conditions prescribed by this section

19

have been complied with and that the desirability of the

20

proposed incorporation is supported by a preponderance of the

21

evidence submitted at the hearing and by the committee. Upon

22

receipt of the certified election results, the court shall enter

23

a final decree granting or denying the prayer of the

24

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

25

freeholders shall be established by evidence of domicile in a

26

permanent structure.

27

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

28

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

29

be published in one newspaper of general circulation and in the

<--

30

legal newspaper, as defined in 45 Pa.C.S. § 101 (relating to

- 32 -

 


1

definitions), if any, once a week for four consecutive weeks

2

immediately following the filing of the petition, during which

3

time exceptions may be filed to the petition by any person

4

interested. The notice shall state when and where the petition

5

was filed and the time during which exceptions may be filed to

6

the petition.

7

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

8

borough, with a particular description of the boundaries of the

9

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

10

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

11

existing township or townships, the description shall include

12

the courses and distances of the boundaries. If the boundaries

13

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

14

townships, the description need not contain the courses and

15

distances of the boundaries but shall refer to the name and

16

location of the existing township or townships.

17

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

18

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

19

shall establish a Borough Advisory Committee when a petition is

20

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

21

committee members shall be appointed by and shall serve at the

22

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

23

proposed borough, two residents from each of the existing

24

townships recommended by the respective governing body of the

25

township or townships and not residing within the proposed

26

borough and one resident of the county not residing in either

27

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

28

shall serve without salary, but the court may entitle each

29

member to reimbursement for the member's actual and necessary

30

expenses incurred in the performance of the member's official

- 33 -

 


1

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

2

Planning Commission who may advise the committee.

3

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

4

advise the court in relation to the establishment of the

5

proposed borough. In particular, the committee shall render

6

expert advice and findings of fact relating to the desirability

7

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

8

to:

9

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

10

adequate and reasonable community support services such as

11

police protection, fire protection and other appropriate

12

community facility services;

13

(2)  whether the proposed borough constitutes a harmonious

14

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

15

a borough government. In examining this factor, the committee

<--

16

shall consider whether the proposed borough represents a

17

distinct community with features different from those of the

18

existing township or townships;

19

(3)  the existing and potential commercial, residential and

20

industrial development of the proposed borough;

21

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

22

regulations to meet the legitimate needs for all categories of

23

residents or whether the plan is exclusionary or would result in

24

economic segregation; and

25

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

26

existing township or townships.

27

Section 202.2.  Advisability of Incorporation; Certification

28

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

29

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

30

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

- 34 -

 


1

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

2

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

3

property within the limits of the proposed borough, and their

4

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

5

investigation necessary to determine the advisability of

6

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

7

additional information. When the court has obtained all

8

reasonably necessary information, and has determined that the

9

conditions prescribed by this section have been complied with,

10

the court shall determine the desirability of the proposed

11

incorporation based upon the evidence submitted at the hearing

12

and by the committee, any additional information obtained after

13

the hearing, and any other applicable factors the court deems

14

relevant.

15

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

16

proposed incorporation is not supported by a preponderance of

17

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

18

request of the petitioners and no other proceedings shall be

19

had. If the court determines that the desirability of the

20

proposed incorporation is supported by a preponderance of the

21

evidence, the court shall certify the question of the proposed

22

incorporation to the board of election of the county for a

23

referendum vote of the residents of the proposed borough. Upon

24

receipt of the certified election results, the court shall enter

25

a final decree granting or denying the request of the

26

petitioners.

27

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

28

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

29

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

30

shall also pay all other expenses and costs in connection with

- 35 -

 


1

the proceedings.

2

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

3

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

4

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

5

forth the name of the proposed borough, with a particular

6

description of the boundaries thereof, and be accompanied with a

7

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

8

not the same as an existing political subdivision, the

9

description shall include the courses and distances of the

10

boundaries. If the boundaries of the proposed borough are the

11

same as an existing political subdivision, the description need

12

not contain the courses and distances of the boundaries but

13

shall refer to the name and location of the existing political

14

subdivision.]

15

Section 15.  Section 204 of the act is repealed:

16

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

17

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

18

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

19

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

20

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

21

following the filing thereof, during which time exceptions may

22

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

23

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

24

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

25

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

26

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

27

prescribed by this article have been complied with, may grant

28

the prayer of the petitioners and make a decree accordingly,

29

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

30

may make such order thereon as to right and justice shall

- 36 -

 


1

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

2

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

3

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

4

connection therewith.]

5

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

6

read:

7

Section 205.  When Borough Government Becomes Effective;

8

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

9

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

10

granting the petition have been recorded, the area shall become

11

an incorporated borough, and shall be entitled to the several

12

rights, privileges and immunities conferred by this act,

13

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

14

act].

15

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

16

shall constitute the charter of the borough. All charters

17

granted under this act shall set forth:

18

(1)  The corporate name of the borough.

19

(2)  The boundaries of the borough.

20

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

21

in any petition for the incorporation of a borough, the

22

boundaries fixed by the petitioners shall embrace lands

23

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

24

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

25

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

26

party aggrieved, change the boundaries so as to exclude

27

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

28

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

29

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

30

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

- 37 -

 


1

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

2

Section 18.  Section 208 of the act is repealed:

3

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

4

court shall constitute the charter of the borough. All charters

5

granted under this act shall set forth:

6

(1)  The corporate name of the borough.

7

(2)  The boundaries thereof.]

8

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

9

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

10

Section 210.  Certificates of Clerk of Court; Fees;

11

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

12

quarter sessions] recorder of deeds in each county affected

13

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

14

Highways and to the Department of Community Affairs] Department

15

of State, the Department of Transportation, the Department of

16

Community and Economic Development and the county planning

17

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

18

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

19

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

20

part of the costs of the proceeding.

21

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

22

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

23

provided, shall upon conviction in a summary proceeding be

24

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

25

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

26

read:

27

Section 211.  Existing Government Preserved Temporarily;

28

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

29

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

30

before [said] the incorporation until the first Monday of

- 38 -

 


1

January following the municipal election after the issuance of

2

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

3

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

4

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

5

the municipal or special election shall enter upon their

6

respective terms of office, and the borough government shall be

7

duly organized under this act.

8

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

9

municipal election occurring at least ninety days following the

10

issuance of the decree establishing the borough, or at the

11

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

12

court of [quarter sessions] common pleas.

13

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

14

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

15

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

16

the special election and the manner thereof, and appoint from

17

among the electors of the newly established borough a judge and

18

inspectors to hold the election.

19

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

20

special election shall serve until the first Monday in January

21

following the next succeeding municipal election at which time

22

their successors shall be elected in the manner provided in

23

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

24

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

25

the borough shall, as soon as practicable after its

26

incorporation, be appropriately marked, due notice being first

27

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

28

supervisors of adjoining townships and to the corporate

29

authorities of adjoining municipalities] governing bodies of

30

adjoining municipal corporations.

- 39 -

 


1

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

2

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

3

Section 213.  Agreement to Adjust Indebtedness Where Borough

4

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

5

commissioners or supervisors of the township and the council of

6

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

7

section 211 when a borough is newly incorporated, the borough

8

council and the governing body of the township or townships from

9

which the borough was created shall make a just and proper

10

adjustment and apportionment of all the public real and personal 

11

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

12

incorporation of the borough[, both real and personal,

13

including]. The property to be adjusted and apportioned between

14

the borough and the township or townships shall include funds,

15

as well as indebtedness [between the borough and township:

16

Provided, That] provided that in adjusting property and

17

indebtedness, streets, sewers, and utilities shall not be

18

considered except to the extent that current and unpaid

19

indebtedness was incurred for the construction and improvement

20

thereof.

21

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

22

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

23

division of the property and indebtedness in the same proportion

24

that the assessed valuation of the taxable real estate included

25

within the territorial limits of the newly incorporated borough,

26

bears to the assessed valuation of the taxable real estate in

27

the entire township or townships immediately prior to the

28

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

29

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

30

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

- 40 -

 


1

indebtedness was incurred by the township or townships for an

2

improvement located wholly within the territorial limits of the

3

newly incorporated borough, [such] the indebtedness shall be

4

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

5

[such] the improvement is located within the newly incorporated

6

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

7

part of the improvement located within the borough, shall be

8

assumed by the borough and the adjustment and apportionment of

9

any remaining debt [and the public property of the township

10

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

11

township or townships.

12

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

13

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

14

executed and acknowledged by the secretary or clerk of the

15

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

16

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

17

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

18

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

19

[Affairs of the Commonwealth] and Economic Development.

20

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

21

read:

22

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

23

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

24

or townships and the borough [authorities] cannot make an

25

amicable adjustment and apportionment of the property and

26

indebtedness within six months after the government of the newly

27

incorporated borough is established, then the [commissioners or]

28

supervisors of the township or townships or the council of the

29

borough may present a petition to the court of [quarter

30

sessions] common pleas. The court shall then appoint three

- 41 -

 


1

disinterested commissioners, all residents and taxpayers of the

2

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

3

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

4

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

5

townships and borough as the court shall direct, shall make

6

report to the court making an adjustment and apportionment of

7

all the property as well as the indebtedness between the

8

township or townships and the borough. The report shall state

9

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

10

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

11

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

12

indebtedness that shall be assumed by [the borough or the

13

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

14

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

15

[commissioner] commissioners shall give the township or

16

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

17

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

18

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

19

report shall be confirmed by the court absolutely. Any sum

20

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

21

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

22

the borough or township or townships charged [therewith] with

23

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

24

township or townships or borough shall become its respective 

25

property. Any claim or indebtedness charged against the borough

26

or township or townships may be collected from it.

27

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

28

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

29

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

30

filed to the report of the commissioners, the court shall

- 42 -

 


1

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

2

same advisable. The court shall enter its decree confirming the

3

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

4

appears just and proper.

5

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

6

to read:

7

Section 217.  Compensation and Expenses of Commissioners;

8

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

9

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

10

costs of the proceedings, including the compensation and

11

expenses of the commissioners, shall be apportioned by the court

12

between the borough and township or townships as it deems

13

proper.

14

Section 218.  Where Territory of Borough [or Annexed

15

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

16

territory, included within the limits of a newly incorporated

17

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

18

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

19

part of the territory of the borough is located shall have

20

exclusive jurisdiction over the proceedings to adjust and

21

apportion the indebtedness between the borough and township or

22

townships.

23

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

24

proceeding to adjust and apportion indebtedness, the township or

25

townships or the borough shall have power to issue and deliver

26

to the borough or township or townships interest-bearing bonds

27

in liquidation of the indebtedness ascertained, to be its

28

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

29

to the borough or township or townships entitled to receive the

30

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

- 43 -

 


1

orders for the collection and payment by the township or

2

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

3

any indebtedness apportioned to it by special taxes to be

4

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

5

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

6

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

7

repealed:

8

(b)  Consolidation of Boroughs

9

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

10

is reenacted to read:

11

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

12

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

13

to read:

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

election, occurring at least ninety days after the presentation

25

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

26

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

27

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

28

government. The petition shall set forth the name of the

29

proposed borough. The number of registered electors required to

30

sign the petition shall be determined as of the date the

- 44 -

 


1

petition is filed.

2

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

3

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

4

section 231, the court shall determine whether the petition is

5

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

6

shall enter an appropriate order and direct that the petition

7

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

8

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

9

board of elections. The county board of elections shall frame

10

the proper question to be submitted to the electors at the

11

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

12

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

13

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

<--

14

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

15

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

16

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

17

may approve] approved by the court.

18

The county board of elections shall make return of the vote

19

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

20

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

21

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

22

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

23

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

24

the proceedings be recorded in the office for the recording of

25

deeds of the county, which record shall constitute the charter

26

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

27

recorder of deeds in each county affected shall certify to the

28

Department of State, the Department of Transportation, the

29

Department of Community and Economic Development and the county

30

planning commission a copy of the record constituting the

- 45 -

 


1

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

2

question were against the change of the city charter no further

3

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

4

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

5

election.

6

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

7

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

8

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

9

operation until the first Monday of January next succeeding the

10

first municipal election, occurring at least ninety days after

11

the recording of the record, at which time the borough

12

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

13

the municipal election in accordance with section 805 [of this

14

act].

15

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

16

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

17

Section 234.  Property; Assets; Liabilities; Ordinances;

18

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

19

formation of the borough government, all of the property and

20

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

21

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

22

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

23

issued or contracted, or any suits or prosecutions pending or

24

instituted to enforce any right or penalty accrued, or punish

25

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

26

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

27

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

28

wards and election districts of the city shall become the wards

29

and election districts of the borough until altered or changed

30

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

- 46 -

 


1

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

2

be elected from each ward, unless thereafter changed as provided

3

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

4

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

5

shall remain in office until the expiration of their respective

6

terms of office.

7

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

8

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

9

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

10

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

11

the proceeding, including all costs of advertising, shall be

12

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

13

paid by the petitioners.

14

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

15

subdivision to read:

16

(d)  Consolidation or Merger of Boroughs and

17

Change of Corporate Name

18

Section 241.  Consolidation or merger.

19

A borough may be merged or consolidated into a new or

20

existing municipal corporation in accordance with the provisions

21

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

22

merger).

23

Section 242.  Change of corporate name.

24

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

25

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

26

office designation by reason only of minor discrepancies in

27

spelling, in capitalization or in the manner of compounding the

28

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

29

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

30

general usage or to the post office designation. The petition

- 47 -

 


1

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

2

least 5% of the registered electors of the borough.

3

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

4

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

5

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

6

borough may remonstrate against the granting of the petition,

7

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

8

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

9

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

10

recording of deeds and the corporate name of the borough from

11

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

12

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

13

county affected shall certify to the Department of State, the

14

Department of Transportation, the Department of Community and

15

Economic Development and the county planning commission a copy

16

of the decree changing the corporate name of the borough.

17

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

18

shall not in any way affect any liabilities incurred, rights

19

accrued or vested, obligations issued or contracted or any suits

20

or prosecutions pending or instituted to enforce any right or

21

penalty accrued or to punish any offense committed prior to the

22

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

23

borough shall have been used therein.

24

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

25

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

26

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

27

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

28

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

29

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

30

of the act are repealed:

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1

[ARTICLE III

2

ANNULMENT OF CHARTERS AND CHANGE

3

OF CORPORATE NAMES

4

Section 301.  Petitions for Annulment of Charters or Change

5

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

6

petition of at least ten percent of the registered electors of

7

any borough setting forth that the inhabitants of such borough

8

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

9

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

10

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

11

or primary election, occurring at least ninety days after the

12

presentation of such petition, at which election the electors of

13

the borough shall vote for or against the annulment of the

14

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

15

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

16

set forth that the petitioners desire that the territory

17

embraced within such borough shall revert to and become a part

18

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

19

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

20

petition shall also set forth the proposed name of the new

21

township.

22

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

23

Upon presentation of such petition for annulment or change of

24

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

25

thereon, after determination by the court that the petition is

26

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

27

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

28

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

29

the proper question to be submitted to the electors at the

30

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

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1

given in at least one newspaper of general circulation in the

2

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

3

such election and the purpose thereof. The publication of the

4

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

5

court may approve. The county board of elections shall make

6

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

7

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

8

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

9

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

10

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

11

shall order that the record of the proceedings shall be recorded

12

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

13

proceedings shall be had.

14

Section 303.  Territory to Revert to Township; Corporate Name

15

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

16

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

17

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

18

annulled, shall thereupon in accordance with the prayer in the

19

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

20

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

21

government and control or shall become a new township of the

22

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

23

where a borough reverts to the township from which its territory

24

was taken, the government of the borough shall cease and

25

terminate on the first Monday of January next succeeding the

26

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

27

the property and assets of the borough, including all

28

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

29

township supervisors, and shall be applied only to the payment

30

of the outstanding indebtedness of the borough, but any moneys

- 50 -

 


1

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

2

any borough indebtedness not paid as above provided shall be

3

paid from the taxes assessed and collected from that portion of

4

said township formerly included within the limits of such

5

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

6

corporate name of said borough shall from the date of the

7

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

8

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

9

liabilities incurred, rights accrued or vested, obligations

10

issued or contracted, or any suits or prosecutions pending or

11

instituted to enforce any right or penalty accrued or punish any

12

offense committed, prior to such change.

13

All costs and expenses incident to the proceedings for the

14

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

15

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

16

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

17

bond in such sum as it may fix.

18

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

19

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

20

annulment of the charter of a borough, officers for such

21

township shall be provided in the manner provided by the laws

22

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

23

new township government shall become effective on the first

24

Monday of January next succeeding the municipal election,

25

occurring at least ninety days after the recording of the

26

proceedings, at which time the officers of the new townships

27

shall be elected as provided by the laws relating to townships

28

of the second class for such cases.

29

Section 305.  Change of Corporate Name to Conform to General

30

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

- 51 -

 


1

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

2

from the post office designation by reason only of minor

3

discrepancies in spelling, in capitalization or in the manner of

4

compounding the elements of such name, the court of quarter

5

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

6

name in general usage or to the post office designation upon

7

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

8

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

9

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

10

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

11

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

12

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

13

remonstrate against the granting of the petition, and the court

14

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

15

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

16

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

17

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

18

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

19

shall not in any way affect any liabilities incurred, rights

20

accrued or vested, obligations issued or contracted, or any

21

suits or prosecutions pending or instituted to enforce any right

22

or penalty accrued or to punish any offense committed prior to

23

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

24

borough shall have been used therein.

25

ARTICLE IV

26

CHANGE OF BOROUGH LIMITS

27

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

28

Section 401.  Petition For Annexation of a Township of the

29

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

30

least ten percent of the registered electors in any township of

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1

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

2

registered electors residing within any part of a township of

3

the first class contiguous to a borough, may petition the

4

council of such borough for the annexation of the township of

5

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

6

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

7

annexation. The number of registered electors required to sign a

8

petition shall be determined as of the date the petition is

9

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

10

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

11

municipal improvements and public buildings. All petitions for

12

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

13

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

14

annexed.

15

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

16

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

17

the first general, municipal or primary election, occurring at

18

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

19

certifying an ordinance duly adopted to the county board of

20

elections in which any part of the township or borough is

21

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

22

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

23

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

24

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

25

involved, the question submitted shall give a brief description

26

of the territory to be annexed to the borough.

27

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

28

persons voting on such question in the entire township and a

29

majority of the persons voting on such question in the borough

30

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

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1

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

2

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

3

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

4

in either the entire township or in the borough was against

5

annexation, then the annexation proceeding shall fail and the

6

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

7

period of two years from the date of such election.

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

constitute a separate ward of the enlarged borough (if divided

16

into wards) and shall be consecutively numbered or otherwise

17

appropriately designated by the council of the borough:

18

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

19

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

20

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

21

provision that such annexed territory shall be attached to an

22

existing ward or wards of such borough.

23

Section 405.  Election Districts and Election Officers.--

24

Until changed in the manner provided by law, all election

25

districts in the former township of the first class or part

26

thereof shall remain as constituted at the time of the

27

annexation and shall become election districts of the enlarged

28

borough. All election officers of such election districts in

29

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

30

continue in office until the expiration of their respective

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1

terms, unless sooner removed as provided by law.

2

Section 406.  Government Where Lands Lie In Two or More

3

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

4

county or counties different from that of the borough, they

5

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

6

which annexed, and for county and institution district purposes

7

as part of the county and institution district in which actually

8

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

9

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

10

Thereof by Petition to Court

11

(1)  Where territory is in one county:

12

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

13

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

14

borough by the annexation of adjacent territory located in a

15

township of the second class.

16

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

17

intended application shall be given to the mayor and council of

18

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

19

petitioners reside. Notice of such application shall also be

20

given in one newspaper of general circulation of the county,

21

immediately before the presentation of the petition by

22

publication once a week for four consecutive weeks.

23

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

24

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

25

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

26

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

27

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

28

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

29

distances of the boundaries of the borough before and after the

30

proposed annexation.

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1

Section 414.  Decree of Court; Costs; Limitation of

2

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

3

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

4

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

5

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

6

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

7

expenses and costs in connection with said petition and decree.

8

Thenceforth the territory so annexed shall be a part of the

9

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

10

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

11

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

12

confirm the petition, no other proceeding for the annexation of

13

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

14

five years thereafter.

15

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

16

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

17

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

18

territory in a township or townships of the second class

19

situated in a county or counties different from that of the

20

borough.

21

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

22

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

23

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

24

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

25

the counties in which the territory to be annexed and the

26

borough are situated.

27

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

28

application shall be given in one newspaper of general

29

circulation in the territory to be annexed and in the borough

30

immediately before the presentation of the petition to any of

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1

the courts by publication once a week for four consecutive

2

weeks.

3

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

4

Upon presentation of the petition, the several courts shall each

5

appoint one person as commissioner, and the commissioners so

6

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

7

registered engineer.

8

The commissioners shall be severally sworn or affirmed,

9

within sixty days from their appointment and selection, and

10

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

11

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

12

report shall state that the commissioners were sworn or

13

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

14

commissioners favor the proposed annexation, they shall

15

accompany their reports with a plot, showing the courses and

16

distances of the boundaries of the territory proposed to be

17

annexed and the quantity of land therein contained and the ward

18

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

19

or that it shall constitute a new ward or wards.

20

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

21

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

22

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

23

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

24

is confirmed, the persons signing the original petition shall

25

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

26

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

27

issue.

28

Section 420.  Approval by Court; Compensation of

29

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

30

the courts shall approve the report of the commissioners, the

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1

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

2

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

3

commissioner shall receive such compensation for his services as

4

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

5

the commissioners shall not favor or if either court shall not

6

approve the annexation, no other proceeding for the annexation

7

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

8

five years thereof.

9

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

10

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

11

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

12

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

13

institution district purposes, as a part of the county and

14

institution district in which actually situated, in the manner

15

provided by law in such cases.

16

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

17

by Petition to Council

18

Section 426.  Annexation; Ordinance; Limitation of Subsequent

19

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

20

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

21

adjoining county, upon petition, and may attach such annexed

22

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

23

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

24

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

25

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

26

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

27

thereof.

28

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

29

adopted together with a description of the land to be annexed

30

and a plot showing the courses and distances of the boundaries

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1

of the borough before and after such proposed annexation, shall

2

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

3

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

4

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

5

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

6

elections of the proper county. Thereupon the territory proposed

7

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

8

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

9

court of quarter sessions within two months of any general,

10

municipal, or primary election, in which case the property

11

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

12

until the day succeeding such election.

13

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

14

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

15

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

16

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

17

institution district purposes, as part of the county or

18

institution district in which actually situated, in the manner

19

provided by law in such cases.

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

such territory by ordinance, such ordinance to set forth a

28

description of the territory to be annexed and the courses and

29

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

30

ordinance shall be certified to the Department of Community

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1

Affairs.

2

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

3

territory annexed shall be filed by the borough council in the

4

office of the county commissioners and with the clerk of the

5

court of quarter sessions and, thereupon, the annexation shall

6

become effective. The annexation proceedings authorized by this

7

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

8

proceedings otherwise provided by law for annexation of

9

territory, and may be followed without reference to or

10

compliance with any other such provisions.]

11

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

12

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

13

repealed:

14

[(e)  Detachment of Territory

15

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

16

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

17

borough by detaching territory therefrom and annexing the same

18

to a contiguous township or borough in cases where the line

19

between a borough and a township or another borough shall

20

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

21

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

22

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

23

remaining portion can be had only by passing through some other

24

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

25

located that the convenience of the inhabitants thereof would be

26

served by the detachment of such part.

27

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

28

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

29

the territory to be detached. The petition shall contain the

30

names of the contiguous township or borough to which the

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1

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

2

description of the territory to be detached, and be accompanied

3

with a plot showing the courses and distances of the boundaries

4

of such township or borough before and after the annexation of

5

the detached territory.

6

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

7

presentation, the court shall order the petition filed and shall

8

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

9

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

10

secretary of the borough and president of council of each

11

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

12

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

13

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

14

decree to what adjacent township or borough the territory so

15

detached shall be annexed. The petition and decree shall be

16

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

17

and thenceforth the boundaries of the borough and of the

18

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

19

The costs of the proceedings, including the cost of the

20

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

21

petitioners.

22

(f)  Adjustment of Indebtedness and Public Property]

23

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

24

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

25

[Section 441.  Adjustment of Indebtedness and Public Property

26

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

27

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

28

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

29

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

30

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

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1

well as indebtedness, between the township and the borough.

2

In adjusting property and indebtedness, streets, sewer and

3

utilities shall not be considered except to the extent that

4

current and unpaid indebtedness was incurred for the

5

construction and improvement thereof. In making such adjustment

6

and apportionment, the township shall be entitled a division of

7

the property and indebtedness in proportion that the assessed

8

valuation of the taxable real estate in the annexed portion of

9

the township bears to the assessed valuation of the taxable real

10

estate in the entire township immediately prior to the

11

annexation and the borough shall be entitled to the remainder of

12

such property and indebtedness. Where indebtedness was incurred

13

by the township for an improvement located wholly within the

14

limits of the territory annexed to the borough, such

15

indebtedness shall be assumed by the borough and where any part

16

of such improvement is located partly within the limits of such

17

annexed territory, the part of such indebtedness representing

18

the part of the improvement located within such annexed

19

territory shall be assumed by the borough, and the adjustment

20

and apportionment of any remaining debt and public property of

21

the township shall be made as hereinabove provided. Such

22

adjustment and apportionment shall be reduced to writing, and

23

shall be duly executed and acknowledged by the clerk or

24

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

25

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

26

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

27

shall also be filed with the Department of Community Affairs of

28

the Commonwealth.]

29

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

30

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

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1

In case the borough council and the governing body of the

2

township cannot, within six months after an annexation becomes

3

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

4

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

5

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

6

annexation of parts of a second class township to boroughs,

7

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

8

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

9

borough council or the governing body of the township may appeal

10

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

11

borough is located. The court shall then appoint three

12

disinterested commissioners, all residents and taxpayers of the

13

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

14

township or the borough. Such commissioners, after hearing,

15

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

16

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

17

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

18

apportionment and adjustment according to the provisions of this

19

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

20

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

21

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

22

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

23

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

24

the borough or the township, or both of them.

25

Section 443.  Proceedings on Judicial Adjustment.--The

26

commissioners shall give the borough and the township at least

27

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

28

exceptions are filed to such report within thirty days after the

29

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

30

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

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1

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

2

against the borough or township charged therewith. Any property,

3

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

4

become its property. Any claim of indebtedness charged against

5

the borough may be collected from it.]

6

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

7

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

8

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

9

filed to the report of the commissioners, the court shall

10

dispose of the same, taking testimony thereon if deemed

11

advisable. The court shall enter its decree confirming the

12

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

13

seems just and proper.]

14

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

15

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

16

are repealed:

17

[Section 445.  Compensation and Expenses of Commissioners;

18

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

19

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

20

the proceedings, including the compensation and expenses of the

21

commissioners, shall be apportioned by the court between the

22

borough and the township as it deems proper.

23

Section 446.  Where Borough Located In Two or More

24

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

25

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

26

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

27

located shall have exclusive jurisdiction over the proceedings

28

to determine the cost or value of certain improvements in the

29

township and to adjust and apportion the indebtedness between

30

the township and the borough.

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1

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

2

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

3

and deliver to the other municipality interest-bearing bonds in

4

liquidation of the indebtedness ascertained to be its

5

proportionate share payable, if such bonds are acceptable to the

6

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

7

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

8

collection and payment by the township or the borough, by

9

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

10

installments, the amount needed to pay the share of any

11

indebtedness apportioned to it.

12

Section 448.  Collection of Taxes Levied Prior to

13

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

14

annexed territory prior to the effective date of the annexation

15

shall be paid to the township, and the collection and

16

enforcement thereof shall be as though the annexation had not

17

taken place.

18

(g)  When Territory is Detached

19

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

20

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

21

boroughs and townships affected thereby cannot amicably agree as

22

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

23

the court of quarter sessions, upon petition of either the

24

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

25

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

26

parties in interest.

27

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

28

parties in interest, make necessary investigation, and report to

29

the court the total valuation for taxation purposes of the

30

borough and townships affected, the assessed valuation of the

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1

portion detached, the amount of indebtedness of the several

2

boroughs and townships, and the value of all property

3

transferred from the borough to a township or borough. The

4

auditor shall also report a form of decree, making such

5

adjustment of the indebtedness of the boroughs and townships

6

affected as he shall deem equitable.

7

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

8

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

9

absolute unless exceptions be filed thereto. In case exceptions

10

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

11

the court shall dispose of the same taking testimony therein if

12

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

13

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

14

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

15

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

16

as the court shall direct.]

17

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

18

read:

19

ARTICLE V

20

BOROUGH BOUNDARIES

21

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

22

act are amended to read:

23

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

24

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

25

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

26

municipal corporation is also bounded by the nearest margin of

27

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

28

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

29

borough or city] municipal corporation. Nothing contained in

30

this section shall be construed to repeal any local or special

- 66 -

 


1

law providing to the contrary.

2

Section 502.  Petition to Court; Establishment of Disputed

3

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

4

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

5

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

6

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

7

lines and boundaries of boroughs to be ascertained and

8

established, and (iii)] ascertain and establish disputed

9

boundaries between [two or more boroughs, between boroughs and

10

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

11

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

12

the court may require the petitioners to file a bond in

13

sufficient sum to secure the payment of all costs of the

14

proceeding.

15

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

16

Upon application by petition, in accordance with section 502, 

17

the court shall appoint three impartial persons as commissioners

18

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

19

registered engineer[, to inquire into the prayer of the

20

petition]. After giving notice to interested parties

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

their report and recommendations to the court [together with

29

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

30

the lines and boundaries proposed to be ascertained and

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1

established if they cannot be fully designated by natural lines

2

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

3

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

4

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

5

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

6

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

7

court deems proper.

8

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

9

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

10

political subdivision [interested], within thirty days after the

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

report is confirmed absolutely, the court shall enter a decree

22

[altering or] ascertaining and establishing the lines and

23

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

24

publication of the decree establishing the lines and boundaries.

25

Section 505.  Compensation and Expenses of Commissioners;

26

Costs.--The compensation and expenses of commissioners appointed

27

to [alter or] ascertain and establish borough boundaries shall

28

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

29

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

30

the proceedings, including the furnishing and placing of

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1

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

2

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

3

of them] or any interested municipal corporation, individually

4

or in apportioned amounts as the court deems equitable.

5

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

6

line is altered or ascertained and established, the court shall

7

cause the same to be appropriately marked. Following any change

8

of borough limits pursuant to any procedure set forth in article

9

IV hereof, the annexing municipality shall be responsible for

10

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

11

a borough line ascertained and established pursuant to this

12

article to be appropriately marked.

13

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

14

read:

15

ARTICLE VI

16

BOROUGH WARDS

17

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

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

wards or cause the lines or boundaries of wards to be

30

ascertained or established, or abolish all wards. No borough

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1

shall be divided or redivided into more than thirteen wards.

2

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

3

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

4

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

5

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

6

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

7

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

8

distributed among the remaining wards [in such manner as the

9

court of quarter sessions shall direct] as council shall

10

determine. All other wards [as heretofore established] shall

11

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

12

provided in this article.

13

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

14

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

15

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

16

or members of council in the ward or wards abolished shall

17

continue in office for the term for which elected and shall

18

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

19

[such] the borough.

20

[If the latest official census of the United States shall

21

disclose that in any borough the population of any ward exceeds

22

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

23

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

24

court of quarter sessions upon application of the borough

25

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

26

petition of any citizen of the borough, shall adjust the

27

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

28

purpose of more nearly equalizing ward populations throughout

29

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

30

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

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1

provided for by this paragraph.]

2

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

3

of compact and contiguous territory as nearly equal in

4

population as practicable as officially and finally reported in

5

the latest official census.

6

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

7

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

8

Section 602.  [Signing Petition; Appointment of

9

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

10

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

11

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

12

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

13

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

14

the borough by at least five percent of the registered electors

15

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

16

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

17

determine the matter and may appoint three impartial persons,

18

none of whom shall be residents or property owners in the

19

borough, as commissioners to inquire into the propriety of

20

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

21

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

22

after their appointment and shall accompany it with a plot,

23

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

24

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

25

be, whenever the same cannot be fully designated by natural

26

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

27

registered electors in the borough and in all wards and proposed

28

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

29

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

30

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

- 71 -

 


1

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

2

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

3

proposal may petition council to initiate proceedings under

4

section 601 and may present to council a plot showing the

5

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

6

by motion approved by a majority of council and within ninety

7

days of presentment of the petition, determine whether to

8

initiate proceedings under section 601.

9

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

10

within ninety days after the presentment of a petition under

11

subsection (a), any ten registered electors may petition the

12

court of common pleas and contest the existing apportionment as

13

violating section 601(b) or (d). The proceedings before the

14

court shall be conducted in accordance with 53 Pa.C.S. §§ 906

15

(relating to contest of reapportionment by governing body) and

16

907 (relating to costs and expenses of contest).

17

Section 42.  Sections 603, 604, 605 and 606 of the act are

18

amended to read:

19

Section 603.  [Confirmation of Report; Review.--Upon its

20

presentation, the court shall confirm the report nisi, and shall

21

direct that notice of the filing of the report] Notice of

22

Ordinance.--Notice Ordinance.--(a)  Notice of an ordinance

<--

23

enacted in accordance with section 601 shall be given by

24

publication once in a newspaper [of general circulation [stating

<--

25

that exceptions may be filed to such report within thirty days

26

after the same was filed. The court shall confirm the report

27

absolutely if no exceptions are filed or if it dismisses the

28

exceptions. The court may remand the report to the commissioners

29

for a review, if in its opinion a better adjudication may

30

thereby be secured].

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1

(b)  A copy of the ordinance, along with a plot showing the

<--

2

boundaries of the wards established, shall be forwarded to the

3

county board of elections.

4

Section 604.  [Compensation of Commissioners.--The

5

commissioners shall each receive such compensation for their

6

services as the court shall fix.] (Reserved).

7

Section 605.  [Payment of Costs; Bond.--Such compensation and

8

all costs and expenses incurred in such proceedings shall be

9

paid by the borough or the petitioners, as directed by the

10

court. To secure such reimbursement, the court may require the

11

petitioners, other than the borough council, to file a bond with

12

their petition.] (Reserved).

13

Section 606.  Terms of Officers.--Whenever [the court]

14

council shall divide [any] a borough into wards, it shall

15

request the court of common pleas to appoint for each ward a

16

judge and two inspectors of election to hold elections until

17

[such] the officers may be elected as provided by law. In all

18

other cases, officers in office at the time any changes are made

19

pursuant to the preceding sections of this article, shall remain

20

in office until the expiration of the terms for which they have

21

been elected. In case any vacancy shall occur, the [same]

22

vacancy shall be filled by the council, until the first Monday

23

of January next succeeding the election at which [such] the 

24

officers are to be elected, as provided in article VIII [of this

25

act].

26

Section 42.1.  The act is amended by adding a section to

<--

27

read:

28

Section 606.1.  Pennsylvania Election Code.--Nothing in this

29

article shall be construed as affecting the powers and duties of

30

the court of common pleas or the county board of elections, and

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1

restrictions on alteration of election districts as provided in

2

Article V of the act of June 3, 1937 (P.L.1333, No.320), known

3

as the "Pennsylvania Election Code."

4

Section 43.  Section 607 of the act is repealed:

5

[Section 607.  Change of Names and Numbers.--Boroughs may, by

6

ordinance, change the name of any ward to a number, or change

7

the number of any ward to name. No such ordinance shall go into

8

force until a certified copy thereof is filed with the clerk of

9

the court of quarter sessions.]

10

Section 44.  Article VII heading of the act is reenacted to

11

read:

12

ARTICLE VII

13

ASSOCIATIONS AND ORGANIZATIONS

14

Section 45.  Section 701 of the act, amended February 21,

15

2002 (P.L.94, No.7), is amended to read:

16

Section 701.  State Association of Boroughs.--(a)  The

17

boroughs of the Commonwealth are authorized to organize a State

18

Association of Boroughs for the purpose of advancing the

19

interests of the boroughs. [Any] A borough may join the [said]

20

association by motion of council and payment of the annual dues.

21

[Council may designate one or more delegates from the elected or

22

appointed officials of the borough to attend the annual meeting

23

of the association, which shall be held in the Commonwealth in

24

accordance with the procedure adopted by the association. In

25

addition to any compensation allowed by law for each delegate,

26

the borough may, for each delegate, pay expenses which shall be

27

limited to the registration fee, mileage for use of personal

28

vehicle or reimbursement of actual transportation expense going

29

to and returning from such meeting plus all other actual

30

expenses that the council may have agreed to pay. Every delegate

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1

attending the annual meeting shall submit to the council an

2

itemized account of expenses incurred thereat. The council may

3

authorize borough employes to be compensated at their regular

4

employe rate during their attendance at the annual meeting. The

5

borough council solely may authorize the mayor and any council

6

member who is not employed by the borough to receive total or

7

partial reimbursement for lost wages or salary while attending

8

the annual meeting, provided that sufficient documentation is

9

presented to the borough council to justify the reimbursement.

10

The time spent in attending said meeting shall not be more than

11

four days, including the time employed in traveling thereto and

12

therefrom.] Each borough, becoming a member of the association,

13

shall pay [such] reasonable dues as may be fixed by the

14

association.

15

(b)  The dues and other revenues received by the association

16

shall be used to pay for services, publications and other

17

expenses authorized or ratified by the association, or incurred

18

in behalf of the association, by its officers and committees.

19

Section 46.  The act is amended by adding sections to read:

20

Section 701.1.  Authorization to Attend and Payment of

21

Expenses for Attending Meetings, Etc.--(a)  Council may, by

22

motion, designate one or more delegates from the elected or

23

appointed officers of the borough to attend the annual meeting

24

of the association, which shall be held in this Commonwealth in

25

accordance with the procedure adopted by the association.

26

(b)  Council may, by motion, designate one or more elected or

27

appointed officers or employes of the borough to attend the

28

annual meeting as nondelegates or to attend a conference,

29

educational training or committee meeting of the association.

30

(c)  In addition to any compensation allowed under section

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1

701.2, council may, for each attending delegate, elected or

2

appointed officer or employe, pay expenses upon receipt of an

3

itemized account of expenses, which shall be limited to the

4

registration fee, mileage for use of personal vehicle or

5

reimbursement of actual transportation expenses going to and

6

returning from the respective annual meeting, conference,

7

educational training or committee meeting of the association

8

plus all other actual expenses that council may have agreed to

9

pay. Notwithstanding the provisions of this subsection, at least

<--

10

one member of council shall be allowed expenses which shall be

11

limited to the registration fee, lodging, meals, mileage for use

12

of personal vehicle or reimbursement of actual transportation

13

expenses going to and returning from the meeting plus all other

14

actual expenses that the council may have agreed to pay.

15

Section 701.2.  Compensation of Officers and Employes for

16

Attending Meetings, Etc.--(a)  Council may authorize borough

17

employes, including the mayor and members of council if they are

18

employes of the borough, to be compensated at their regular

19

employe rate during their attendance at the annual meeting or a

20

conference, educational training or committee meeting of the

21

association.

22

(b)  Council solely may authorize the mayor and any council

23

member who is not employed by the borough to receive total or

24

partial reimbursement for lost wages or salary, including those

<--

25

from self-employment, while attending the annual meeting or a

26

conference, educational training or committee meeting of the

27

association if sufficient documentation is presented to council

28

to justify the reimbursement.

29

(c)  The maximum time for which a borough employe or mayor or

30

council member not employed by the borough shall be reimbursed

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1

for lost wages or salary while attending the annual meeting or a

2

conference, educational training or committee meeting of the

3

association shall not be more than four days, including time

4

spent traveling to and from the event.

5

(d)  The borough council may authorize a mayor or any council

6

member employed by the borough to be compensated at their

7

regular employe rate and a mayor or council member who is not

8

employed by the borough to receive total or partial

9

reimbursement for lost wages or salary, including those from

<--

10

self-employment, if they attend a meeting for which the mayor or

11

council member is an officer, a member of the board of

12

directors, a member of the executive committee, a member of a

13

standing committee or a trustee of the association, subject to

14

the following limitations which shall include time spent

15

traveling to and from the event:

16

(1)  The compensation of a mayor or council member for

17

attending a meeting of a standing committee of the association

18

shall be limited to two days per year of regular employe rate

19

compensation or lost wages or salary, as applicable.

20

(2)  The compensation of a mayor or council member for

21

attending a meeting for which the mayor or council member is a

22

trustee for the association shall be limited to four days per

23

year of regular employe rate compensation or lost wages or

24

salary, as applicable.

25

(3)  The compensation of a mayor or council member for

26

attending a meeting for which the mayor or council member is an

27

officer, member of the board of directors or a member of the

28

executive committee of the association shall be limited to

29

fifteen days per year of regular employe rate compensation or

30

lost wages or salary, as applicable.

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1

(4)  A mayor or council member identified under paragraph

2

(1), (2) or (3) may not be compensated by the borough under this

3

subsection to the extent that the mayor or council member

4

receives compensation from the association or a board or

5

committee of the association for attending the meeting.

6

Section 47.  Section 702 of the act, amended February 21,

7

2002 (P.L.94, No.7), is amended to read:

8

Section 702.  County and Regional Associations of Boroughs.--

9

The boroughs of any county or of two or more adjoining or nearby

10

counties, may organize a county or regional association of

11

boroughs, composed of elected and appointed borough [officials]

12

officers in [such] the county or counties, organized for the

13

purpose of furthering the interests of the boroughs in the

14

association and their inhabitants. [Any] A borough may annually

15

appropriate a sum of money, not exceeding [seventy-five dollars

16

($75)] one hundred dollars ($100) for the support of [such] the 

17

association. For attendance at a meeting of the county or

18

regional association of which [such] the borough is a member,

19

the borough may, for each delegate, pay expenses which shall be

20

limited to the registration fee, mileage for use of personal

21

vehicle or reimbursement of actual transportation expense going

22

to and returning from [such] the meeting plus all other actual

23

expenses that the council may have agreed to pay. Every delegate

24

attending the [annual] meeting shall submit to the council an

25

itemized account of expenses incurred [thereat]. The council may

26

authorize borough employes to be compensated at their regular

27

employe rate during their attendance at the [annual] meeting.

28

The borough council solely may authorize the mayor and any

29

council member who is not employed by the borough to receive

30

total or partial reimbursement for lost wages or salary while

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1

attending the [annual] meeting, provided that sufficient

2

documentation is presented to the borough council to justify the

3

reimbursement. [Any such] A county or regional association of

4

boroughs shall have the option of admitting to membership

5

representatives of political subdivisions other than boroughs

6

within [such] the county or counties but representatives of

7

[such] the other political subdivisions shall have no voice or

8

vote in any matter that is or may be of concern solely to

9

boroughs.

10

Section 48.  Section 703 of the act, amended January 28, 1988

11

(P.L.21, No.10), is amended to read:

12

Section 703.  Other Associations and Organizations.--[Any]

13

(a)  A borough, by motion of council, may:

14

(1)  join other associations and organizations concerned with

15

municipal or governmental affairs; [may]

16

(2)  pay dues to and appropriate moneys for the support of

17

and participation in [such] the associations and organizations;

18

and [may]

19

(3)  send delegates to meetings or [conventions] conferences 

20

of [such] associations and organizations.

21

In addition to any compensation allowed by law for each

22

delegate, the borough may, for each delegate, pay expenses which

23

shall be limited to the registration fee, mileage for use of

24

personal vehicle or reimbursement of actual transportation

25

expense going to and returning from [such] the meeting or

26

conference plus all other actual expenses that the council may

27

have agreed to pay. Every delegate attending the annual meeting

28

or conference shall submit to the council an itemized account of

29

expenses incurred [thereat]. The council may authorize borough

30

employes to be compensated at their regular employe rate during

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1

their attendance at the annual meeting or conference. The time

2

spent in attending the meeting or [convention] conference shall

3

not be more than four days, including the time employed in

4

traveling [thereto and therefrom] to and from the meeting or

5

conference.

6

[Any] (b)  A borough, by motion of council, may authorize any

7

of its officers [and/or] and employes to attend meetings of

8

professional organizations and associations, or [study or]

9

educational training sessions for persons holding the same or

10

similar office or employment, and may pay all or any specified

11

portion of the necessary expenses incident to their attendance

12

at [such] the meetings or sessions.

13

Every person attending [any convention] a conference, meeting

14

or [study or] educational training session referred to in this

15

section shall submit to the council an itemized account of [his]

16

the person's expenses [thereat], including traveling expenses or

17

mileage, that council may have agreed to pay.

18

Section 49.  Section 704 of the act, amended May 7, 1998

19

(P.L.347, No.54), is amended to read:

20

Section 704.  Associations and Organizations for Mayors.--

21

[Any] A mayor may join a mayors' association and borough council

22

shall pay reasonable dues, not to exceed one hundred dollars

23

($100), as may be fixed by the association for each mayor

24

belonging to that association. The mayor may attend the annual

25

meeting of the association, which shall be held in [the] this 

26

Commonwealth in accordance with the procedure adopted by the

27

association. [Each] A mayor shall be allowed expenses which

28

shall be limited to the registration fee, lodging, meals, 

<--

29

mileage for use of personal vehicle or reimbursement of actual

30

transportation expense going to and returning from [such] the 

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1

meeting plus all other actual expenses that the council may have

2

agreed to pay to the extent that similar expenses are provided

<--

3

to the elected or appointed officers of the borough in the same

4

year for attendance at an annual meeting of the State

5

association as provided under section 701.1. Every mayor

6

attending the annual meeting shall submit to the council an

7

itemized account of expenses incurred at the annual meeting. The

8

time spent in attending [said] the meeting shall not be more

9

than four days, including time in traveling to and from the

10

meeting.

11

Section 50.  Section 705 of the act, added June 22, 2000

12

(P.L.325, No.34), is amended to read:

13

Section 705.  National or State Lodge of Police Officers.--

14

[Any] A borough council may grant [any] a borough employe, who

15

is a duly elected representative of [any] a State lodge of

16

police officers or [any] a local lodge being a part of any

17

national or State lodge of police officers, a leave of absence

18

with pay to attend [any] an annual national or State convention

19

or conference of [such] the lodge, for a period not to exceed

20

four days, including necessary time for travel to and from

21

[same. Any] the convention or conference. An employe receiving

22

time off with pay under this section shall, upon [his] return, 

23

submit to [his] the employe's immediate superior a certificate

24

testifying to [his] the employe's attendance at the convention

25

or conference, signed by at least two responsible officers of

26

the convention or conference. No more than two elected

27

representatives who are employes of the same borough may attend

28

[any such] a convention or conference on behalf of [any such] a 

29

lodge under this section.

30

Section 51.  Article VIII and subdivision (a) headings of the

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1

act are reenacted to read:

2

ARTICLE VIII

3

ELECTIONS OF OFFICERS

4

(a)  General Provisions Relating to Elected Officers

5

Section 52.  Section 801 of the act, amended November 29,

6

2004 (P.L.1337, No.170), is amended to read:

7

Section 801.  Electors Only to be Eligible;

8

Incompatibility.--(a)  Except as provided in subsection (b),

9

only registered electors of the borough [only] shall be eligible

10

to elective borough offices. [All] Before being sworn in to

11

office, each elected borough [officers shall reside] officer

12

shall present a signed affidavit to the borough secretary that

13

states that the officer resides in the borough from which

14

elected and [shall have] has resided in the borough continuously

15

for at least one year immediately before [their] the officer's 

16

election. A school director shall not be eligible to an elective

17

borough office. No individual shall at the same time hold more

18

than one elective borough office.

19

(b)  A borough with a population of less than one hundred

20

fifty, incorporated on or after January 1, 1964, may permit

21

[individuals] residents that have not resided in the borough

22

continuously for at least one year immediately before the

23

election to be eligible to hold office.

24

Section 53.  Sections 802 and 803 of the act are reenacted to

25

read:

26

Section 802.  Time and Place of Elections.--Elections for

27

borough officers shall be at the time and place designated by

28

law for the holding of municipal elections.

29

Section 803.  Certificates of Election.--Certificates of

30

election of all borough officers shall be filed with the borough

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1

secretary and be preserved among the records of the borough for

2

a period of six years.

3

Section 54.  Section 804 of the act, amended June 15, 1978

4

(P.L.473, No.68), is amended to read:

5

Section 804.  Term; Bonds.--Persons elected to borough

6

offices shall serve for the term for which they were elected,

7

except where a vacancy in office shall exist for any reason, in

8

which case the vacancy shall be filled in the manner provided by

9

this act.

10

Whenever [any] an elected official of a borough is required

11

to give bond for the faithful performance of [his] the elected

12

official's duties, the borough may pay the premium for [such]

13

the bond[; except that]. For a tax collector's bond, however, 

14

the borough shall pay a proportionate share of the cost of the

15

bond [of the tax collector, such] with the share to be in the

16

same ratio as the amount of borough taxes bears to the total

17

amount of all taxes indicated by the tax duplicate to be

18

collected by the tax collector during the year preceding the

19

date the premium is due.

20

Section 55.  Sections 805 and 806 of the act, amended June

21

25, 2001 (P.L.651, No.56), are amended to read:

22

Section 805.  Election of Borough Officers When Boroughs

23

Created, Etc.--Whenever a borough is incorporated under the

24

provisions of sections 201 to 219 [inclusive of this act], or

25

whenever two or more boroughs are consolidated under the

26

provisions of [sections 221 to 228 of this act] 53 Pa.C.S. Ch. 7

27

Subch. C (relating to consolidation and merger), or whenever a

28

borough is created from a city of the third class under the

29

provisions of sections 231 to 235 [of this act], the officers of

30

the borough, provided for in section 806 [of this act], shall be

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1

elected at the appropriate municipal election as provided in

2

[said sections] the law and [such] the officers shall take

3

office on the first Monday of January succeeding [such] the 

4

election.

5

At [any such] the election, if the borough is not divided

6

into wards, of the seven members of council to be elected, three

7

or four members of council, as the case may be, shall be elected

8

for terms of two years each, and three or four members of

9

council, as the case may be, shall be elected for terms of four

10

years each, to coincide with the number of members of council

11

elected at [such] the election in existing boroughs under the

12

provisions of section 811 [of this act].

13

In the case of the consolidation of two or more boroughs into

14

one borough, or the creation of a borough from a city of the

15

third class, and where in either event two members of council

16

are to be elected from each ward, one member of council shall be

17

elected from each ward for a term of two years and one member of

18

council shall be elected from each ward for a term of four

19

years.

20

In all boroughs coming within the provisions of this section,

21

three auditors shall be elected, one for a term of two years,

22

one for a term of four years, and one for a term of six years.

23

All other officers of the borough shall be elected at [such]

24

the election for terms of two or four years, as the case may be,

25

to coincide with the terms of officers elected under this act at

26

[such] the election in the existing boroughs.

27

Section 806.  Officers to be Elected.--(a)  It shall be

28

lawful for the electors of the borough to elect:

29

(1)  One mayor, who shall be elected at the municipal

30

election in the year 1969, and every four years thereafter, and

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1

who shall hold office for a term of four years.

2

(2)  One tax collector, who shall be elected at the municipal

3

election in the year 1969, and every four years thereafter, and

4

who shall be a properly qualified person. No magisterial

5

district judge may at the same time hold the office of tax

6

collector.

7

(3)  Three elected auditors or one elected controller, unless

8

the borough instead provides for one appointed auditor pursuant

9

to section 1005(7). The following shall apply:

10

(i)  in boroughs providing for three elected auditors, one

11

auditor shall be elected at each municipal election for a term

12

of six years; or

13

(ii)  in boroughs providing for one elected controller, the

14

controller shall be elected at the municipal election in the

15

year 1969, and every four years thereafter, who shall be a

16

competent accountant and a registered elector of the borough for

17

at least four years prior to the person's election and shall

18

serve for a term of four years.

19

[(1)] (4)  In boroughs not divided into wards, seven members

20

of council[, one mayor, one assessor, except in those boroughs

21

where, under the applicable county assessment law, the office of

22

elected assessor in boroughs shall have been abolished; a tax

23

collector and three auditors or one controller except in such

24

boroughs where there shall be an appointed auditor in lieu of

25

elected auditors or controller]. In [any] a borough with a 

26

population, as determined by the latest official census, of less

27

than three thousand, the total number of members of council may

28

be reduced from seven to five or to three upon petition to the

29

court of common pleas, as provided in section 818 [of this act].

30

[(2)] (5)  In boroughs divided into wards, at least one, and

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1

not more than two members of council in each ward, except in

2

boroughs where prior to the passage of this act three members of

3

council were elected in each ward. In [such] those boroughs, the

4

number of members of council is fixed at three in each ward

5

until [such] the number is reduced in the manner provided by

6

this act. Members of council shall be residents of the ward from

7

which they are elected, and chosen by the electors of the ward[;

8

also a mayor, a tax collector and three auditors or a

9

controller, except in such boroughs where there shall be an

10

appointed auditor in lieu of elected auditors or controller, and

11

an assessor, except in those boroughs where, under the

12

applicable county assessment law, the office of elected assessor

13

shall have been abolished who shall be chosen by the electors of

14

the boroughs at large].

15

(b)  The terms of all elected officers under this section

16

shall begin the first Monday of January next succeeding the

17

person's election.

18

Section 56.  Article VIII subdivision (b) heading of the act,

19

amended June 25, 2001 (P.L.651, No.56), is reenacted to read:

20

(b)  Members of Council

21

Section 57.  Sections 811, 812, 813 and 814 of the act,

22

amended June 25, 2001 (P.L.651, No.56), are amended to read:

23

Section 811.  Election of Members of Council.--(a)  At the

24

municipal election to be held in the year 1967, there shall be

25

elected in each borough a sufficient number of members of

26

council to equal one-half of the entire number of which [such]

27

the council is legally composed, to serve for a term of four

28

years from the first Monday of January next succeeding[, and,

29

where such] the election. Where the entire number of council is

30

seven, nine, or eleven, then it shall be sufficient to

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1

[constitute] elect three, four, or five council members, as the

2

case may be[; the aforesaid members of council, to be]. The

3

members of council elected in the year 1967, being successors to

4

those elected in the year 1963, whose terms, as heretofore

5

provided by law, expire on the first Monday of January, 1968.

6

All members of council whose terms expire on the first Monday of

7

January, 1970 shall continue to hold their office until the

8

first Monday of January, 1970, as now provided, and their

9

successors shall be elected at the municipal election in the

10

year 1969, to serve for a term of four years, from the first

11

Monday of January next succeeding. If for any reason members of

12

council are not elected as [hereinabove] provided under this

13

section, members of council whose terms end on the same date

14

shall cast lots to determine who shall serve for a two-year term

15

and who shall serve for a four-year term. The secretary of the

16

borough shall certify the results to the appropriate county

17

board of elections.

18

(b)  Biennially thereafter, at the municipal election, a

19

sufficient number of members of council shall be elected, for a

20

term of four years from the first Monday of January next

21

succeeding, to fill the places of those whose terms, under the

22

provisions of this act, shall expire on the first Monday of

23

January next following [such] the election.

24

Section 812.  Election of Members of Council Where New Wards

25

Created.--(a)  Whenever [the court of common pleas shall]

26

council shall, by ordinance, divide any borough into wards,

27

erect new wards out of two or more wards or parts [thereof,] of

28

wards or divide a ward already erected into two or more wards,

29

[or create a new ward out of annexed territory, and when the

30

report, in such case, is confirmed by the court, it shall, at

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1

the same time, decree] the ordinance shall provide for the

2

election of an equal number of members of council, in each of

3

the wards, in [such] a manner as not to interfere with the terms

4

of those [theretofore] previously elected.

5

(b)  Where a borough is first divided into wards, the [court]

6

ordinance providing for the division shall fix the number of

7

members of council in each ward at not more than two. [In

8

decreeing such election, when] When the entire number of council

9

shall be composed of an even number, [the decree shall be so

10

made that] one-half of the entire number shall thereafter be

11

elected at each municipal election. When the entire number of

12

council shall be an odd number, the [court shall divide such

13

council into] ordinance shall establish two classes, and shall

14

[make its decrees so] provide that one-half of the entire number

15

of members of council, less one, shall, as soon as possible,

16

take their office in a year divisible by four, and the remaining

17

number of members of council shall take their office in an even-

18

numbered year not divisible by four. The apportionment shall be

19

[so made by the court that there shall be] equal or as nearly

20

equal as possible, representation by wards in each class.

21

Biennially thereafter, at each municipal election, a sufficient

22

number of members of council shall be elected, for the term of

23

four years from the first Monday of January next succeeding, to

24

fill the places of those whose terms shall expire on the first

25

Monday of [the] January next following [such] the election.

26

Section 813.  Fixing Number of Members of Council When Wards

27

Created.--Whenever upon the division of [any] a borough into

28

wards, or the creation of a new ward or wards, the number of

29

members of council cannot be equally divided among the wards of

30

the boroughs, it shall be lawful for [the court, in decreeing

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1

such division or creation,] council to increase the number of

2

council to, and not exceeding, [such number as] a number that 

3

will enable [the court to make an] equal apportionment of the

4

same among the several wards of [such] the borough. But where a

5

borough is first divided into wards, the number of members of

6

council provided for a ward shall not exceed two.

7

Section 814.  Increase in Number of [Members of Council.--The

8

court of common pleas, having fixed the number of members of

9

council, as provided in section 812 of this article,] Ward

10

Council Members.--Council may, upon petition of at least five

11

percent of the registered electors of the borough, increase the

12

[same] number of members of council to any number not exceeding

13

two for each ward. The sufficiency of the number of signers to

14

[any such] the petition shall be ascertained as of the date when

15

the petition is presented to [court] council.

16

Section 58.  Section 815 of the act, amended May 7, 1998

17

(P.L.347, No.54), is amended to read:

18

Section 815.  Decrease of Number of Ward Council Members.--

19

Whenever, in any borough divided into wards, the council

20

consists of more than seven members, at least five percent of

21

the registered electors of [such] the borough shall have power

22

to petition [the court of common pleas] council for a decrease

23

in the number of members of council from each ward, but in no

24

instance shall the council consist of less than seven members.

25

The purpose of [such] the decrease may be to achieve any or all

26

of the following results:

27

(1)  a council which is less unwieldy in size;

28

(2)  a council which is comparable in size to those in

29

boroughs not divided into wards;

30

(3)  a council consisting of an odd number of members instead

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1

of an even number;

2

(4)  a reduction in borough expenditures; and[,]

3

(5)  the expedition of the conduct of council meetings.

4

[Said] The petition shall clearly state whether [it is the

5

prayer of] the petitioners request that the number of members of

6

[such] the council to be elected in each ward shall be reduced

7

from two to one, or from three to two or one, and shall further

8

state the reasons why [such] the reduction in number shall be

9

desired. The petition may also state whether it is necessary to

10

add a council member or members to be elected at large in order

11

to achieve or maintain a council consisting of at least seven

12

members or to achieve or maintain a council consisting of an odd

13

number of members. The sufficiency of the number of signers to

14

[any such] the petition shall be ascertained as of the date the

15

petition is presented to [court] council.

16

The [court] council shall give notice of the filing of [such]

17

the petition by advertisement in the legal [journal] newspaper 

18

of the county, if one is published in the county, and in one

19

newspaper [of general circulation [in the borough], and in

<--

20

[such] the notice shall fix a day and time for [hearing] a

21

public meeting. After [such hearing, the court may] the public

22

meeting council may, by ordinance, decrease the number of

23

council members elected from each ward from two to one, or from

24

three to two or one, and may also provide for the election at

25

large of a member or members of council. [The court] Council 

26

shall, if necessary, establish a schedule for the subsequent at-

27

large election of council members. The schedule may provide that

28

the initial term of one or more of the council members

29

subsequently elected at large shall be reduced to accommodate a

30

schedule of staggered at-large elections to eventually insure

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1

that, as [near as may be] nearly as possible, one-half of the

2

members of council elected at large will be elected at each

3

municipal election.

4

At each municipal election thereafter in [such] the borough,

5

where there are two members from each ward, the electors of each

6

ward shall elect one council member to hold office for a term of

7

four years from the first Monday of January next succeeding the

8

election.

9

At each municipal election thereafter in [such] the boroughs,

10

where there is one member from each ward, the electors from each

11

of the odd-numbered wards shall, at the first municipal election

12

thereafter, elect one council member for a term of four years,

13

and the electors from each of the even-numbered wards shall

14

elect one council member for a term of two years. At each

15

municipal election thereafter, the electors of the even-numbered

16

wards, or odd-numbered wards as the case may be, shall each

17

elect one council member for a term of four years, to take the

18

place of those whose terms are about to expire. [All such] The

19

council members shall take office on the first Monday of January

20

following their election.

21

In any borough where, under the provisions of this section,

22

the number of council members shall be reduced, the council

23

members then in office shall remain in office until the end of

24

their respective terms.

25

Section 59.  Sections 816, 817 and 818 of the act, amended

26

June 25, 2001 (P.L.651, No.56), are amended to read:

27

Section 816.  Election of Members of Council Where Wards

28

Abolished.--(a)  Whenever [the court of common pleas shall

29

abolish all wards in any borough and when the report in such

30

case is confirmed by the court, it shall, at the same time,

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1

decree] council shall, by ordinance, abolish all wards in a

2

borough, the ordinance shall provide for the election of seven

3

members of council at large for the borough in [such] a manner

4

as not to interfere with the terms of those ward members of

5

council [theretofore] previously elected. [In decreeing such

6

election, where] Where there were [theretofore] previously:

7

(1)  Seven members of council, the [decree shall be so made]

8

ordinance shall provide that, at the first municipal election

9

thereafter the electors shall elect three or four members of

10

council, as the case may be, the number to be elected to be that

11

which, when added to the number of members of council already in

12

office whose terms are not about to expire, shall bring the

13

membership of the council to seven. [Such] The newly elected

14

members of council shall serve for terms of four years from the

15

first Monday of January next succeeding [such] the first

16

municipal election, except that, in any case where the election

17

of four members of council shall be required to bring the

18

membership of council to its full complement of seven, and only

19

three members of council are elected at [such] the municipal

20

election in the other boroughs of the [State] Commonwealth not

21

divided into wards, three members of council shall be elected

22

for four-year terms and one for a two-year term. Thereafter, at

23

every succeeding municipal election, 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

(2)  Eight or more members of council, the [decree shall be

28

so made] ordinance shall provide that, at the first municipal

29

election thereafter the electors shall elect a sufficient number

30

of members of council that, when added to the number of members

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1

of council already in office whose terms are not about to

2

expire, will bring the membership of the council to seven.

3

[Such] The newly elected members of council shall serve for

4

terms of four years from the first Monday of January next

5

succeeding [such] the first municipal election. At the second

6

municipal election after [such decree] the effective date of the

7

ordinance, the electors shall elect a sufficient number of

8

members of council, that, when added to the number of members of

9

council elected at the previous municipal election, shall bring

10

the membership of council to its full complement of seven, some

11

of [such] the members of council elected at [such] the second

12

municipal election to serve for a four-year term following the

13

first Monday of January next succeeding, the remainder to serve

14

for a two-year term, the number in each case to be that required

15

to bring the number of members of council to be elected in

16

[such] the borough in succeeding municipal elections into

17

conformity with the number elected in the other boroughs of the

18

Commonwealth not divided into wards. In the third and all

19

subsequent municipal elections following [such decree of court] 

20

the effective date of the ordinance, the electors shall elect

21

three or four members of council, as the case may be, each to

22

serve for a term of four years from the first Monday of January

23

following [such] the municipal election.

24

In any [such] borough where, under the ward system of

25

electing members of council, the council shall have been so

26

large that there shall be seven or more members of council whose

27

terms shall not expire on the first Monday of January following

28

the first municipal election after [such decree] the effective

29

date of the ordinance, no members of council shall be elected at

30

[such] the first municipal election, and the members of council

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1

remaining in office shall constitute [such] the borough council

2

until the first Monday of January following the second municipal

3

election following [such decree] the effective date of the

4

ordinance. At [such] the second municipal election, seven

5

members of council shall be elected in [such] the borough, some

6

to serve for a four-year term of office from the first Monday of

7

January following [such] the second municipal election, the

8

remainder to serve for a two-year term, the number in each case

9

[to be such] as necessary to bring the number of members of

10

council to be elected in [such] the borough in succeeding

11

elections into conformity with the number elected in other

12

boroughs of the Commonwealth not divided into wards. Thereafter,

13

at the third and all subsequent municipal elections following

14

[such decree] the effective date of the ordinance, the electors

15

shall elect three or four members of council, as the case may

16

be, each to serve for a term of four years from the first Monday

17

of January following [such] the subsequent municipal election.

18

(3)  Six or fewer members of council, the [decree shall be

19

made so] ordinance shall provide that at the first municipal

20

election thereafter, the electors shall elect a sufficient

21

number of members of council that, when added to the number of

22

members of council already in office whose terms are not about

23

to expire, will bring the membership of council to its full

24

complement of seven. Of [such] the newly elected members of

25

council, either three or four, as necessary to bring the number

26

of members of council to be elected in [such] the borough in

27

succeeding municipal elections into conformity with the number

28

elected in other boroughs of the Commonwealth not divided into

29

wards, shall be elected for four-year terms of office, beginning

30

the first Monday of January following [such] the first municipal

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1

election, and the balance shall be elected for two-year terms.

2

Thereafter, at the second municipal election following [such

3

decree] the effective date of the ordinance and at all

4

subsequent municipal elections, the electors shall elect three

5

or four members of council, as the case may be, to serve for a

6

term of four years from the first Monday of January following

7

[such] the subsequent municipal election.

8

[In any case where a vacancy may occur, at] (b)  At any time

9

following [such decree,] the effective date of the ordinance,

10

where a vacancy may occur in the office of a member of council

11

originally elected or appointed from a particular ward, the

12

person appointed to fill [such] the vacancy need not be a

13

resident of the area formerly comprising [such] the ward, but

14

[need only be a registered elector of the borough] shall be

15

otherwise qualified for office as provided in section 801.

16

Section 817.  Vacancies Created After a Primary Election.--

17

Whenever [a decree of court is made after a primary election

18

and, as a result thereof,] a vacancy is created in the office of

19

member of council by any ordinance or decree of court as

20

provided in this subdivision after a primary election, it may be

21

filled by nomination made by [such] the committee as is

22

authorized by the rules of the party to make nominations in the

23

event of vacancies on the party ticket.

24

Section 818.  Decrease in Number of Members of Council.--The

25

court of common pleas may, upon petition of at least five

26

percent of the registered electors of any borough not divided

27

into wards, which, according to the latest official census, had

28

a population of not more than three thousand, reduce the total

29

number of members of council for [such] the borough from seven

30

to five or to three. The sufficiency of the number of signers to

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1

[any such] the petition shall be ascertained as of the date when

2

the petition is presented to court.

3

The court shall give notice of the filing of [such] the 

4

petition by advertisement in the legal [journal] newspaper of

5

the county, if one is published in the county, and in one

6

newspaper [of general circulation [in the borough], and in

<--

7

[such] the notice shall fix a day and time for hearing. After

8

[such] the hearing, the court may decrease the number of members

9

of council elected in [such] the borough from seven to five or

10

three, as requested in the petition.

11

At the municipal election following the decrease in the

12

number of members of council in [such] the borough, from seven

13

to five, if four members of council would otherwise have been

14

elected, there shall instead be elected three members of

15

council; if three members of council would otherwise have been

16

elected there shall instead be elected two members of council.

17

At the second municipal election following the decrease in the

18

number of members of council in [such] the borough, if four

19

members of council would otherwise have been elected, there

20

shall instead be elected three members of council; if three

21

members of council would otherwise have been elected, there

22

shall be elected two members of council. At all following

23

municipal elections, there shall be elected the proper number of

24

members of council to correspond to the number of members of

25

council whose terms are to expire the first Monday of the

26

following January.

27

At the municipal election following the decrease in the

28

number of members of council in [such] the borough from seven to

29

three, if four members of council would otherwise have been

30

elected there shall instead be elected two members of council;

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1

if three members of council would otherwise have been elected

2

there shall instead be elected one member of council. At the

3

second municipal election following the decrease in the number

4

of members of council in [such] the borough, if four members of

5

council would otherwise have been elected, there shall instead

6

be elected two members of council; if three members of council

7

would otherwise have been elected, there shall be elected one

8

member of council. At all the following municipal elections,

9

there shall be elected the proper number of members of council

10

to correspond to the number of members of council whose terms

11

are to expire the first Monday of the following January.

12

In any borough where, under the provisions of this section,

13

the number of members of council shall be reduced, the members

14

of council then in office shall remain in office until the end

15

of their respective terms. If [any such] a borough shall

16

thereafter attain a population in excess of three thousand,

17

according to the latest official census, the number of members

18

of council shall automatically be increased from three or five

19

to seven, following the reverse of the procedure set forth in

20

the third or fourth paragraph of this section, as the case may

21

be.

22

Section 60.  Article VIII subdivision (c) heading, section

23

821, subdivision (d) heading, section 831, subdivision (e)

24

heading, section 841, subdivision (f) heading, section 851,

25

subdivision (g) heading and section 861 of the act are repealed:

26

[(c)  Mayor

27

Section 821.  Election of Mayor.--Electors of every borough

28

shall, at the municipal election in the year 1969, and every

29

four years thereafter, elect one person as mayor, who shall hold

30

office for a term of four years from the first Monday of January

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1

next succeeding his election.

2

(d)  Auditors

3

Section 831.  Election of Auditors.--The qualified electors

4

in boroughs electing auditors, and not accepting the provisions

5

of this act providing for the office of controller, shall elect,

6

at each municipal election, one auditor for a term of six years,

7

to hold office from the first Monday of January next succeeding

8

his election.

9

(e)  Controller

10

Section 841.  Election of Controller.--The qualified electors

11

in every borough having a controller, and in every borough

12

accepting the provisions of this act relating to the controller,

13

shall, at the municipal election in the year 1969, and every

14

four years thereafter, elect as borough controller one person

15

who shall be a competent accountant and a registered elector of

16

the borough, for at least four years prior to his election. The

17

person so chosen shall serve for a term of four years from the

18

first Monday of January next succeeding his election.

19

(f)  Assessors

20

Section 851.  Election of Assessors.--At the municipal

21

election in the year 1967 and at the municipal election every

22

four years thereafter, the qualified electors of every borough

23

shall elect a properly qualified person for assessor in such

24

borough. The provisions of this section shall not apply to those

25

boroughs where, under the applicable county assessment law, the

26

office of elected assessor in boroughs has been abolished. No

27

justice of the peace shall at the same time hold the office of

28

assessor.

29

(g)  Tax Collector

30

Section 861.  Election of Tax Collector.--The qualified

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1

electors of every borough shall, at the municipal election in

2

the year 1969, and every four years thereafter, elect one

3

properly qualified person as tax collector of the borough. No

4

justice of the peace shall at the same time hold the office of

5

tax collector.]

6

Section 61.  Article IX heading of the act is reenacted to

7

read:

8

ARTICLE IX

9

VACANCIES IN OFFICE

10

Section 62.  Section 901 of the act, amended June 25, 2001

11

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

12

Section 901.  Filling Vacancies in Elective Borough

13

Offices.--(a)  If any vacancy shall occur in the office of the

14

mayor, member of council, auditor, controller, [assessor,] or

15

tax collector, by death, resignation, [removal] termination of

16

residency from the borough, or from a ward in the case of a ward

17

office, or by failure to take the required oath or to give bond

18

as provided by law or ordinance, provide the affidavit required

19

under section 801, or in any other manner whatsoever, the

20

borough council shall fill [such] the vacancy within thirty days

21

by appointing, by resolution, a registered elector of the

22

borough, or of the ward in case of a ward office, to hold [such]

23

the office, if the term [thereof] continues so long, until the

24

first Monday in January after the first municipal election

25

occurring more than sixty days after the vacancy occurs, at

26

which election an eligible person shall be elected to the office

27

for the remainder of the term. [No] Except as provided in

28

section 801(b), no person shall be appointed to fill a vacancy

29

in an elected borough or ward office unless [he or she] the

30

person has resided within the borough, or within the ward in the

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1

case of a ward office, continuously for at least one year

2

immediately prior to [his or her] the person's appointment.

3

[The person appointed shall give bond if required by law or

4

ordinance.

5

In cases where the person elected to the office shall fail to

6

give bond, if any, required or to take the required oath, the

7

borough council, before making the appointment, shall declare

8

the office vacant.]

9

(b)  The person appointed shall give bond if required by law

10

or ordinance. In cases where the person elected to the office

11

shall fail to give any bond required, provide the affidavit

12

required under section 801 or to take the required oath, the

13

borough council, before making the appointment, shall declare

14

the office vacant.

15

(c)  If the council of any borough shall refuse, fail or

16

neglect, or be unable, for any reason whatsoever, to fill any

17

vacancy within thirty days after the vacancy happens, as

18

provided in this section, then the vacancy shall be filled

19

within fifteen additional days by the vacancy board. [Such] The 

20

board shall consist of the borough council exclusive of the

21

mayor, and one registered elector of the boro