SENATE AMENDED

 

PRIOR PRINTER'S NOS. 2152, 2755, 2900, 2962

PRINTER'S NO.  3331

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1702

Session of

2011

  

  

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

  

  

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, APRIL 2, 2012   

  

  

  

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.

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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.

- 7 -

 


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], the 

5

notice shall be published in a newspaper of general circulation

6

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

7

"Newspaper Advertising Act," and its amendments,] in 45 Pa.C.S.

8

§ 101 (relating to definitions) which is published and

9

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

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

25

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

26

shall not be construed as affecting or terminating the term of

27

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

28

becomes effective.

29

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

30

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

- 28 -

 


1

context clearly indicates otherwise, the following words and

2

terms shall be construed as follows:

3

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

4

reference to any street shall mean any property physically

5

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

6

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

7

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

8

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

9

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

10

approval or veto of the mayor.]

11

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

12

the Pennsylvania Department of [Highways] Transportation.

13

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

14

Commonwealth of Pennsylvania.

15

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

16

recent decennial census of the United States or a later census

17

conducted by the United States Bureau of the Census, whichever

18

shall be the later.

19

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

20

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

21

home rule municipality other than a county.

22

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

23

county.

24

(7)  "Pennsylvania Municipalities Planning Code" means the

25

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

26

"Pennsylvania Municipalities Planning Code."

27

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

28

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

29

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

30

read:

- 29 -

 


1

ARTICLE II

2

CREATION AND ALTERATION OF BOROUGHS

3

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

4

is reenacted to read:

5

(a)  Incorporation of Boroughs

6

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

7

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

8

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

9

common pleas may incorporate as a borough any contiguous area

10

from one or more townships within their jurisdiction[, not

11

already incorporated or a part of an incorporated municipality

12

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

13

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

14

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

15

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

16

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

17

township of the second class.

18

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

19

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

20

amended to read:

21

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

22

application for incorporation shall be by a petition signed by a

23

majority of the freeholders residing within the limits of the

24

proposed borough and by the freeholders of a majority of the

25

territory within the limits of the proposed borough, when all

26

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

27

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

28

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

29

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

30

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

- 30 -

 


1

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

2

within three months immediately preceding the presentation

3

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

4

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

5

signers required to sign the petition shall be ascertained as of

6

the date the petition was presented to court.

7

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

8

which shall consist of two residents of the proposed borough,

9

two residents of the existing governmental unit or units

10

recommended by the respective governing body of the unit or

11

units and not residing within the proposed borough and one

12

resident of the county not residing in either area who shall

13

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

14

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

15

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

16

committee shall be appointed by and shall serve at the pleasure

17

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

18

court may entitle each such member to reimbursement for his

19

actual and necessary expenses incurred in the performance of his

20

official duties. The director of the County Planning Commission

21

shall serve as advisor to the committee.

22

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

23

advise the court in relation to the establishment of the

24

proposed borough. In particular, the committee shall render

25

expert advice and findings of fact relating to the desirability

26

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

27

as to:

28

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

29

adequate and reasonable community support services such as

30

police protection, fire protection and other appropriate

- 31 -

 


1

community facility services;

2

(2)  the existing and potential commercial, residential and

3

industrial development of the proposed borough; and

4

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

5

existing governmental unit or units.

6

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

7

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

8

proposed incorporation and shall hear the parties interested and

9

their witnesses. The court shall certify the question of the

10

proposed incorporation to the board of election of the county

11

for a referendum vote of the residents of the proposed borough

12

only if it finds that the conditions prescribed by this section

13

have been complied with and that the desirability of the

14

proposed incorporation is supported by a preponderance of the

15

evidence submitted at the hearing and by the committee. Upon

16

receipt of the certified election results, the court shall enter

17

a final decree granting or denying the prayer of the

18

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

19

freeholders shall be established by evidence of domicile in a

20

permanent structure.

21

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

22

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

23

be published in one newspaper of general circulation and in the

24

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

25

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

26

immediately following the filing of the petition, during which

27

time exceptions may be filed to the petition by any person

28

interested. The notice shall state when and where the petition

29

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

30

the petition.

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1

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

2

borough, with a particular description of the boundaries of the

3

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

4

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

5

existing township or townships, the description shall include

6

the courses and distances of the boundaries. If the boundaries

7

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

8

townships, the description need not contain the courses and

9

distances of the boundaries but shall refer to the name and

10

location of the existing township or townships.

11

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

12

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

13

shall establish a Borough Advisory Committee when a petition is

14

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

15

committee members shall be appointed by and shall serve at the

16

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

17

proposed borough, two residents from each of the existing

18

townships recommended by the respective governing body of the

19

township or townships and not residing within the proposed

20

borough and one resident of the county not residing in either

21

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

22

shall serve without salary, but the court may entitle each

23

member to reimbursement for the member's actual and necessary

24

expenses incurred in the performance of the member's official

25

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

26

Planning Commission who may advise the committee.

27

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

28

advise the court in relation to the establishment of the

29

proposed borough. In particular, the committee shall render

30

expert advice and findings of fact relating to the desirability

- 33 -

 


1

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

2

to:

3

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

4

adequate and reasonable community support services such as

5

police protection, fire protection and other appropriate

6

community facility services;

7

(2)  whether the proposed borough constitutes a harmonious

8

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

9

a borough government. In examining this factor, the committee

10

shall consider whether the proposed borough represents a

11

distinct community with features different from those of the

12

existing township or townships;

13

(3)  the existing and potential commercial, residential and

14

industrial development of the proposed borough;

15

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

16

regulations to meet the legitimate needs for all categories of

17

residents or whether the plan is exclusionary or would result in

18

economic segregation; and

19

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

20

existing township or townships.

21

Section 202.2.  Advisability of Incorporation; Certification

22

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

23

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

24

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

25

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

26

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

27

property within the limits of the proposed borough, and their

28

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

29

investigation necessary to determine the advisability of

30

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

- 34 -

 


1

additional information. When the court has obtained all

2

reasonably necessary information, and has determined that the

3

conditions prescribed by this section have been complied with,

4

the court shall determine the desirability of the proposed

5

incorporation based upon the evidence submitted at the hearing

6

and by the committee, any additional information obtained after

7

the hearing, and any other applicable factors the court deems

8

relevant.

9

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

10

proposed incorporation is not supported by a preponderance of

11

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

12

request of the petitioners and no other proceedings shall be

13

had. If the court determines that the desirability of the

14

proposed incorporation is supported by a preponderance of the

15

evidence, the court shall certify the question of the proposed

16

incorporation to the board of election of the county for a

17

referendum vote of the residents of the proposed borough. Upon

18

receipt of the certified election results, the court shall enter

19

a final decree granting or denying the request of the

20

petitioners.

21

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

22

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

23

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

24

shall also pay all other expenses and costs in connection with

25

the proceedings.

26

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

27

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

28

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

29

forth the name of the proposed borough, with a particular

30

description of the boundaries thereof, and be accompanied with a

- 35 -

 


1

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

2

not the same as an existing political subdivision, the

3

description shall include the courses and distances of the

4

boundaries. If the boundaries of the proposed borough are the

5

same as an existing political subdivision, the description need

6

not contain the courses and distances of the boundaries but

7

shall refer to the name and location of the existing political

8

subdivision.]

9

Section 15.  Section 204 of the act is repealed:

10

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

11

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

12

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

13

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

14

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

15

following the filing thereof, during which time exceptions may

16

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

17

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

18

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

19

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

20

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

21

prescribed by this article have been complied with, may grant

22

the prayer of the petitioners and make a decree accordingly,

23

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

24

may make such order thereon as to right and justice shall

25

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

26

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

27

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

28

connection therewith.]

29

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

30

read:

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1

Section 205.  When Borough Government Becomes Effective;

2

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

3

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

4

granting the petition have been recorded, the area shall become

5

an incorporated borough, and shall be entitled to the several

6

rights, privileges and immunities conferred by this act,

7

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

8

act].

9

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

10

shall constitute the charter of the borough. All charters

11

granted under this act shall set forth:

12

(1)  The corporate name of the borough.

13

(2)  The boundaries of the borough.

14

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

15

in any petition for the incorporation of a borough, the

16

boundaries fixed by the petitioners shall embrace lands

17

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

18

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

19

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

20

party aggrieved, change the boundaries so as to exclude

21

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

22

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

23

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

24

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

25

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

26

Section 18.  Section 208 of the act is repealed:

27

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

28

court shall constitute the charter of the borough. All charters

29

granted under this act shall set forth:

30

(1)  The corporate name of the borough.

- 37 -

 


1

(2)  The boundaries thereof.]

2

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

3

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

4

Section 210.  Certificates of Clerk of Court; Fees;

5

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

6

quarter sessions] recorder of deeds in each county affected

7

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

8

Highways and to the Department of Community Affairs] Department

9

of State, the Department of Transportation, the Department of

10

Community and Economic Development and the county planning

11

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

12

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

13

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

14

part of the costs of the proceeding.

15

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

16

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

17

provided, shall upon conviction in a summary proceeding be

18

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

19

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

20

read:

21

Section 211.  Existing Government Preserved Temporarily;

22

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

23

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

24

before [said] the incorporation until the first Monday of

25

January following the municipal election after the issuance of

26

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

27

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

28

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

29

the municipal or special election shall enter upon their

30

respective terms of office, and the borough government shall be

- 38 -

 


1

duly organized under this act.

2

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

3

municipal election occurring at least ninety days following the

4

issuance of the decree establishing the borough, or at the

5

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

6

court of [quarter sessions] common pleas.

7

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

8

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

9

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

10

the special election and the manner thereof, and appoint from

11

among the electors of the newly established borough a judge and

12

inspectors to hold the election.

13

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

14

special election shall serve until the first Monday in January

15

following the next succeeding municipal election at which time

16

their successors shall be elected in the manner provided in

17

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

18

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

19

the borough shall, as soon as practicable after its

20

incorporation, be appropriately marked, due notice being first

21

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

22

supervisors of adjoining townships and to the corporate

23

authorities of adjoining municipalities] governing bodies of

24

adjoining municipal corporations.

25

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

26

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

27

Section 213.  Agreement to Adjust Indebtedness Where Borough

28

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

29

commissioners or supervisors of the township and the council of

30

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

- 39 -

 


1

section 211 when a borough is newly incorporated, the borough

2

council and the governing body of the township or townships from

3

which the borough was created shall make a just and proper

4

adjustment and apportionment of all the public real and personal 

5

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

6

incorporation of the borough[, both real and personal,

7

including]. The property to be adjusted and apportioned between

8

the borough and the township or townships shall include funds,

9

as well as indebtedness [between the borough and township:

10

Provided, That] provided that in adjusting property and

11

indebtedness, streets, sewers, and utilities shall not be

12

considered except to the extent that current and unpaid

13

indebtedness was incurred for the construction and improvement

14

thereof.

15

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

16

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

17

division of the property and indebtedness in the same proportion

18

that the assessed valuation of the taxable real estate included

19

within the territorial limits of the newly incorporated borough,

20

bears to the assessed valuation of the taxable real estate in

21

the entire township or townships immediately prior to the

22

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

23

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

24

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

25

indebtedness was incurred by the township or townships for an

26

improvement located wholly within the territorial limits of the

27

newly incorporated borough, [such] the indebtedness shall be

28

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

29

[such] the improvement is located within the newly incorporated

30

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

- 40 -

 


1

part of the improvement located within the borough, shall be

2

assumed by the borough and the adjustment and apportionment of

3

any remaining debt [and the public property of the township

4

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

5

township or townships.

6

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

7

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

8

executed and acknowledged by the secretary or clerk of the

9

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

10

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

11

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

12

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

13

[Affairs of the Commonwealth] and Economic Development.

14

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

15

read:

16

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

17

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

18

or townships and the borough [authorities] cannot make an

19

amicable adjustment and apportionment of the property and

20

indebtedness within six months after the government of the newly

21

incorporated borough is established, then the [commissioners or] 

22

supervisors of the township or townships or the council of the

23

borough may present a petition to the court of [quarter

24

sessions] common pleas. The court shall then appoint three

25

disinterested commissioners, all residents and taxpayers of the

26

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

27

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

28

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

29

townships and borough as the court shall direct, shall make

30

report to the court making an adjustment and apportionment of

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1

all the property as well as the indebtedness between the

2

township or townships and the borough. The report shall state

3

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

4

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

5

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

6

indebtedness that shall be assumed by [the borough or the

7

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

8

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

9

[commissioner] commissioners shall give the township or

10

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

11

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

12

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

13

report shall be confirmed by the court absolutely. Any sum

14

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

15

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

16

the borough or township or townships charged [therewith] with

17

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

18

township or townships or borough shall become its respective 

19

property. Any claim or indebtedness charged against the borough

20

or township or townships may be collected from it.

21

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

22

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

23

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

24

filed to the report of the commissioners, the court shall

25

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

26

same advisable. The court shall enter its decree confirming the

27

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

28

appears just and proper.

29

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

30

to read:

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1

Section 217.  Compensation and Expenses of Commissioners;

2

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

3

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

4

costs of the proceedings, including the compensation and

5

expenses of the commissioners, shall be apportioned by the court

6

between the borough and township or townships as it deems

7

proper.

8

Section 218.  Where Territory of Borough [or Annexed

9

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

10

territory, included within the limits of a newly incorporated

11

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

12

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

13

part of the territory of the borough is located shall have

14

exclusive jurisdiction over the proceedings to adjust and

15

apportion the indebtedness between the borough and township or

16

townships.

17

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

18

proceeding to adjust and apportion indebtedness, the township or

19

townships or the borough shall have power to issue and deliver

20

to the borough or township or townships interest-bearing bonds

21

in liquidation of the indebtedness ascertained, to be its

22

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

23

to the borough or township or townships entitled to receive the

24

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

25

orders for the collection and payment by the township or

26

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

27

any indebtedness apportioned to it by special taxes to be

28

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

29

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

30

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

- 43 -

 


1

repealed:

2

(b)  Consolidation of Boroughs

3

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

4

is reenacted to read:

5

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

6

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

7

to read:

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

election, occurring at least ninety days after the presentation

19

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

20

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

21

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

22

government. The petition shall set forth the name of the

23

proposed borough. The number of registered electors required to

24

sign the petition shall be determined as of the date the

25

petition is filed.

26

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

27

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

28

section 231, the court shall determine whether the petition is

29

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

30

shall enter an appropriate order and direct that the petition

- 44 -

 


1

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

2

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

3

board of elections. The county board of elections shall frame

4

the proper question to be submitted to the electors at the

5

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

6

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

7

of general circulation of the proper county once a week for four

8

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

9

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

10

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

11

approve] approved by the court.

12

The county board of elections shall make return of the vote

13

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

14

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

15

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

16

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

17

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

18

the proceedings be recorded in the office for the recording of

19

deeds of the county, which record shall constitute the charter

20

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

21

recorder of deeds in each county affected shall certify to the

22

Department of State, the Department of Transportation, the

23

Department of Community and Economic Development and the county

24

planning commission a copy of the record constituting the

25

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

26

question were against the change of the city charter no further

27

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

28

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

29

election.

30

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

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1

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

2

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

3

operation until the first Monday of January next succeeding the

4

first municipal election, occurring at least ninety days after

5

the recording of the record, at which time the borough

6

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

7

the municipal election in accordance with section 805 [of this

8

act].

9

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

10

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

11

Section 234.  Property; Assets; Liabilities; Ordinances;

12

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

13

formation of the borough government, all of the property and

14

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

15

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

16

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

17

issued or contracted, or any suits or prosecutions pending or

18

instituted to enforce any right or penalty accrued, or punish

19

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

20

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

21

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

22

wards and election districts of the city shall become the wards

23

and election districts of the borough until altered or changed

24

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

25

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

26

be elected from each ward, unless thereafter changed as provided

27

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

28

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

29

shall remain in office until the expiration of their respective

30

terms of office.

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1

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

2

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

3

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

4

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

5

the proceeding, including all costs of advertising, shall be

6

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

7

paid by the petitioners.

8

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

9

subdivision to read:

10

(d)  Consolidation or Merger of Boroughs and

11

Change of Corporate Name

12

Section 241.  Consolidation or merger.

13

A borough may be merged or consolidated into a new or

14

existing municipal corporation in accordance with the provisions

15

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

16

merger).

17

Section 242.  Change of corporate name.

18

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

19

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

20

office designation by reason only of minor discrepancies in

21

spelling, in capitalization or in the manner of compounding the

22

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

23

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

24

general usage or to the post office designation. The petition

25

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

26

least 5% of the registered electors of the borough.

27

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

28

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

29

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

30

borough may remonstrate against the granting of the petition,

- 47 -

 


1

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

2

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

3

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

4

recording of deeds and the corporate name of the borough from

5

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

6

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

7

county affected shall certify to the Department of State, the

8

Department of Transportation, the Department of Community and

9

Economic Development and the county planning commission a copy

10

of the decree changing the corporate name of the borough.

11

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

12

shall not in any way affect any liabilities incurred, rights

13

accrued or vested, obligations issued or contracted or any suits

14

or prosecutions pending or instituted to enforce any right or

15

penalty accrued or to punish any offense committed prior to the

16

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

17

borough shall have been used therein.

18

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

19

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

20

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

21

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

22

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

23

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

24

of the act are repealed:

25

[ARTICLE III

26

ANNULMENT OF CHARTERS AND CHANGE

27

OF CORPORATE NAMES

28

Section 301.  Petitions for Annulment of Charters or Change

29

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

30

petition of at least ten percent of the registered electors of

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1

any borough setting forth that the inhabitants of such borough

2

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

3

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

4

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

5

or primary election, occurring at least ninety days after the

6

presentation of such petition, at which election the electors of

7

the borough shall vote for or against the annulment of the

8

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

9

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

10

set forth that the petitioners desire that the territory

11

embraced within such borough shall revert to and become a part

12

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

13

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

14

petition shall also set forth the proposed name of the new

15

township.

16

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

17

Upon presentation of such petition for annulment or change of

18

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

19

thereon, after determination by the court that the petition is

20

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

21

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

22

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

23

the proper question to be submitted to the electors at the

24

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

25

given in at least one newspaper of general circulation in the

26

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

27

such election and the purpose thereof. The publication of the

28

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

29

court may approve. The county board of elections shall make

30

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

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1

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

2

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

3

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

4

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

5

shall order that the record of the proceedings shall be recorded

6

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

7

proceedings shall be had.

8

Section 303.  Territory to Revert to Township; Corporate Name

9

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

10

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

11

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

12

annulled, shall thereupon in accordance with the prayer in the

13

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

14

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

15

government and control or shall become a new township of the

16

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

17

where a borough reverts to the township from which its territory

18

was taken, the government of the borough shall cease and

19

terminate on the first Monday of January next succeeding the

20

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

21

the property and assets of the borough, including all

22

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

23

township supervisors, and shall be applied only to the payment

24

of the outstanding indebtedness of the borough, but any moneys

25

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

26

any borough indebtedness not paid as above provided shall be

27

paid from the taxes assessed and collected from that portion of

28

said township formerly included within the limits of such

29

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

30

corporate name of said borough shall from the date of the

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1

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

2

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

3

liabilities incurred, rights accrued or vested, obligations

4

issued or contracted, or any suits or prosecutions pending or

5

instituted to enforce any right or penalty accrued or punish any

6

offense committed, prior to such change.

7

All costs and expenses incident to the proceedings for the

8

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

9

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

10

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

11

bond in such sum as it may fix.

12

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

13

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

14

annulment of the charter of a borough, officers for such

15

township shall be provided in the manner provided by the laws

16

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

17

new township government shall become effective on the first

18

Monday of January next succeeding the municipal election,

19

occurring at least ninety days after the recording of the

20

proceedings, at which time the officers of the new townships

21

shall be elected as provided by the laws relating to townships

22

of the second class for such cases.

23

Section 305.  Change of Corporate Name to Conform to General

24

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

25

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

26

from the post office designation by reason only of minor

27

discrepancies in spelling, in capitalization or in the manner of

28

compounding the elements of such name, the court of quarter

29

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

30

name in general usage or to the post office designation upon

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1

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

2

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

3

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

4

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

5

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

6

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

7

remonstrate against the granting of the petition, and the court

8

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

9

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

10

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

11

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

12

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

13

shall not in any way affect any liabilities incurred, rights

14

accrued or vested, obligations issued or contracted, or any

15

suits or prosecutions pending or instituted to enforce any right

16

or penalty accrued or to punish any offense committed prior to

17

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

18

borough shall have been used therein.

19

ARTICLE IV

20

CHANGE OF BOROUGH LIMITS

21

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

22

Section 401.  Petition For Annexation of a Township of the

23

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

24

least ten percent of the registered electors in any township of

25

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

26

registered electors residing within any part of a township of

27

the first class contiguous to a borough, may petition the

28

council of such borough for the annexation of the township of

29

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

30

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

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1

annexation. The number of registered electors required to sign a

2

petition shall be determined as of the date the petition is

3

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

4

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

5

municipal improvements and public buildings. All petitions for

6

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

7

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

8

annexed.

9

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

10

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

11

the first general, municipal or primary election, occurring at

12

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

13

certifying an ordinance duly adopted to the county board of

14

elections in which any part of the township or borough is

15

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

16

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

17

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

18

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

19

involved, the question submitted shall give a brief description

20

of the territory to be annexed to the borough.

21

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

22

persons voting on such question in the entire township and a

23

majority of the persons voting on such question in the borough

24

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

25

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

26

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

27

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

28

in either the entire township or in the borough was against

29

annexation, then the annexation proceeding shall fail and the

30

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

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1

period of two years from the date of such election.

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

constitute a separate ward of the enlarged borough (if divided

10

into wards) and shall be consecutively numbered or otherwise

11

appropriately designated by the council of the borough:

12

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

13

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

14

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

15

provision that such annexed territory shall be attached to an

16

existing ward or wards of such borough.

17

Section 405.  Election Districts and Election Officers.--

18

Until changed in the manner provided by law, all election

19

districts in the former township of the first class or part

20

thereof shall remain as constituted at the time of the

21

annexation and shall become election districts of the enlarged

22

borough. All election officers of such election districts in

23

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

24

continue in office until the expiration of their respective

25

terms, unless sooner removed as provided by law.

26

Section 406.  Government Where Lands Lie In Two or More

27

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

28

county or counties different from that of the borough, they

29

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

30

which annexed, and for county and institution district purposes

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1

as part of the county and institution district in which actually

2

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

3

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

4

Thereof by Petition to Court

5

(1)  Where territory is in one county:

6

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

7

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

8

borough by the annexation of adjacent territory located in a

9

township of the second class.

10

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

11

intended application shall be given to the mayor and council of

12

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

13

petitioners reside. Notice of such application shall also be

14

given in one newspaper of general circulation of the county,

15

immediately before the presentation of the petition by

16

publication once a week for four consecutive weeks.

17

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

18

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

19

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

20

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

21

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

22

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

23

distances of the boundaries of the borough before and after the

24

proposed annexation.

25

Section 414.  Decree of Court; Costs; Limitation of

26

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

27

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

28

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

29

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

30

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

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1

expenses and costs in connection with said petition and decree.

2

Thenceforth the territory so annexed shall be a part of the

3

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

4

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

5

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

6

confirm the petition, no other proceeding for the annexation of

7

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

8

five years thereafter.

9

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

10

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

11

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

12

territory in a township or townships of the second class

13

situated in a county or counties different from that of the

14

borough.

15

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

16

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

17

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

18

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

19

the counties in which the territory to be annexed and the

20

borough are situated.

21

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

22

application shall be given in one newspaper of general

23

circulation in the territory to be annexed and in the borough

24

immediately before the presentation of the petition to any of

25

the courts by publication once a week for four consecutive

26

weeks.

27

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

28

Upon presentation of the petition, the several courts shall each

29

appoint one person as commissioner, and the commissioners so

30

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

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1

registered engineer.

2

The commissioners shall be severally sworn or affirmed,

3

within sixty days from their appointment and selection, and

4

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

5

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

6

report shall state that the commissioners were sworn or

7

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

8

commissioners favor the proposed annexation, they shall

9

accompany their reports with a plot, showing the courses and

10

distances of the boundaries of the territory proposed to be

11

annexed and the quantity of land therein contained and the ward

12

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

13

or that it shall constitute a new ward or wards.

14

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

15

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

16

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

17

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

18

is confirmed, the persons signing the original petition shall

19

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

20

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

21

issue.

22

Section 420.  Approval by Court; Compensation of

23

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

24

the courts shall approve the report of the commissioners, the

25

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

26

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

27

commissioner shall receive such compensation for his services as

28

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

29

the commissioners shall not favor or if either court shall not

30

approve the annexation, no other proceeding for the annexation

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1

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

2

five years thereof.

3

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

4

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

5

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

6

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

7

institution district purposes, as a part of the county and

8

institution district in which actually situated, in the manner

9

provided by law in such cases.

10

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

11

by Petition to Council

12

Section 426.  Annexation; Ordinance; Limitation of Subsequent

13

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

14

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

15

adjoining county, upon petition, and may attach such annexed

16

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

17

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

18

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

19

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

20

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

21

thereof.

22

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

23

adopted together with a description of the land to be annexed

24

and a plot showing the courses and distances of the boundaries

25

of the borough before and after such proposed annexation, shall

26

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

27

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

28

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

29

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

30

elections of the proper county. Thereupon the territory proposed

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1

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

2

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

3

court of quarter sessions within two months of any general,

4

municipal, or primary election, in which case the property

5

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

6

until the day succeeding such election.

7

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

8

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

9

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

10

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

11

institution district purposes, as part of the county or

12

institution district in which actually situated, in the manner

13

provided by law in such cases.

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

such territory by ordinance, such ordinance to set forth a

22

description of the territory to be annexed and the courses and

23

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

24

ordinance shall be certified to the Department of Community

25

Affairs.

26

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

27

territory annexed shall be filed by the borough council in the

28

office of the county commissioners and with the clerk of the

29

court of quarter sessions and, thereupon, the annexation shall

30

become effective. The annexation proceedings authorized by this

- 59 -

 


1

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

2

proceedings otherwise provided by law for annexation of

3

territory, and may be followed without reference to or

4

compliance with any other such provisions.]

5

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

6

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

7

repealed:

8

[(e)  Detachment of Territory

9

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

10

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

11

borough by detaching territory therefrom and annexing the same

12

to a contiguous township or borough in cases where the line

13

between a borough and a township or another borough shall

14

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

15

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

16

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

17

remaining portion can be had only by passing through some other

18

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

19

located that the convenience of the inhabitants thereof would be

20

served by the detachment of such part.

21

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

22

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

23

the territory to be detached. The petition shall contain the

24

names of the contiguous township or borough to which the

25

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

26

description of the territory to be detached, and be accompanied

27

with a plot showing the courses and distances of the boundaries

28

of such township or borough before and after the annexation of

29

the detached territory.

30

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

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1

presentation, the court shall order the petition filed and shall

2

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

3

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

4

secretary of the borough and president of council of each

5

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

6

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

7

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

8

decree to what adjacent township or borough the territory so

9

detached shall be annexed. The petition and decree shall be

10

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

11

and thenceforth the boundaries of the borough and of the

12

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

13

The costs of the proceedings, including the cost of the

14

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

15

petitioners.

16

(f)  Adjustment of Indebtedness and Public Property]

17

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

18

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

19

[Section 441.  Adjustment of Indebtedness and Public Property

20

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

21

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

22

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

23

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

24

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

25

well as indebtedness, between the township and the borough.

26

In adjusting property and indebtedness, streets, sewer and

27

utilities shall not be considered except to the extent that

28

current and unpaid indebtedness was incurred for the

29

construction and improvement thereof. In making such adjustment

30

and apportionment, the township shall be entitled a division of

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1

the property and indebtedness in proportion that the assessed

2

valuation of the taxable real estate in the annexed portion of

3

the township bears to the assessed valuation of the taxable real

4

estate in the entire township immediately prior to the

5

annexation and the borough shall be entitled to the remainder of

6

such property and indebtedness. Where indebtedness was incurred

7

by the township for an improvement located wholly within the

8

limits of the territory annexed to the borough, such

9

indebtedness shall be assumed by the borough and where any part

10

of such improvement is located partly within the limits of such

11

annexed territory, the part of such indebtedness representing

12

the part of the improvement located within such annexed

13

territory shall be assumed by the borough, and the adjustment

14

and apportionment of any remaining debt and public property of

15

the township shall be made as hereinabove provided. Such

16

adjustment and apportionment shall be reduced to writing, and

17

shall be duly executed and acknowledged by the clerk or

18

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

19

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

20

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

21

shall also be filed with the Department of Community Affairs of

22

the Commonwealth.]

23

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

24

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

25

In case the borough council and the governing body of the

26

township cannot, within six months after an annexation becomes

27

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

28

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

29

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

30

annexation of parts of a second class township to boroughs,

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1

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

2

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

3

borough council or the governing body of the township may appeal

4

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

5

borough is located. The court shall then appoint three

6

disinterested commissioners, all residents and taxpayers of the

7

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

8

township or the borough. Such commissioners, after hearing,

9

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

10

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

11

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

12

apportionment and adjustment according to the provisions of this

13

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

14

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

15

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

16

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

17

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

18

the borough or the township, or both of them.

19

Section 443.  Proceedings on Judicial Adjustment.--The

20

commissioners shall give the borough and the township at least

21

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

22

exceptions are filed to such report within thirty days after the

23

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

24

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

25

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

26

against the borough or township charged therewith. Any property,

27

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

28

become its property. Any claim of indebtedness charged against

29

the borough may be collected from it.]

30

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

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1

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

2

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

3

filed to the report of the commissioners, the court shall

4

dispose of the same, taking testimony thereon if deemed

5

advisable. The court shall enter its decree confirming the

6

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

7

seems just and proper.]

8

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

9

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

10

are repealed:

11

[Section 445.  Compensation and Expenses of Commissioners;

12

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

13

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

14

the proceedings, including the compensation and expenses of the

15

commissioners, shall be apportioned by the court between the

16

borough and the township as it deems proper.

17

Section 446.  Where Borough Located In Two or More

18

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

19

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

20

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

21

located shall have exclusive jurisdiction over the proceedings

22

to determine the cost or value of certain improvements in the

23

township and to adjust and apportion the indebtedness between

24

the township and the borough.

25

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

26

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

27

and deliver to the other municipality interest-bearing bonds in

28

liquidation of the indebtedness ascertained to be its

29

proportionate share payable, if such bonds are acceptable to the

30

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

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1

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

2

collection and payment by the township or the borough, by

3

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

4

installments, the amount needed to pay the share of any

5

indebtedness apportioned to it.

6

Section 448.  Collection of Taxes Levied Prior to

7

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

8

annexed territory prior to the effective date of the annexation

9

shall be paid to the township, and the collection and

10

enforcement thereof shall be as though the annexation had not

11

taken place.

12

(g)  When Territory is Detached

13

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

14

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

15

boroughs and townships affected thereby cannot amicably agree as

16

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

17

the court of quarter sessions, upon petition of either the

18

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

19

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

20

parties in interest.

21

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

22

parties in interest, make necessary investigation, and report to

23

the court the total valuation for taxation purposes of the

24

borough and townships affected, the assessed valuation of the

25

portion detached, the amount of indebtedness of the several

26

boroughs and townships, and the value of all property

27

transferred from the borough to a township or borough. The

28

auditor shall also report a form of decree, making such

29

adjustment of the indebtedness of the boroughs and townships

30

affected as he shall deem equitable.

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1

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

2

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

3

absolute unless exceptions be filed thereto. In case exceptions

4

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

5

the court shall dispose of the same taking testimony therein if

6

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

7

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

8

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

9

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

10

as the court shall direct.]

11

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

12

read:

13

ARTICLE V

14

BOROUGH BOUNDARIES

15

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

16

act are amended to read:

17

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

18

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

19

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

20

municipal corporation is also bounded by the nearest margin of

21

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

22

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

23

borough or city] municipal corporation. Nothing contained in

24

this section shall be construed to repeal any local or special

25

law providing to the contrary.

26

Section 502.  Petition to Court; Establishment of Disputed

27

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

28

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

29

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

30

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

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1

lines and boundaries of boroughs to be ascertained and

2

established, and (iii)] ascertain and establish disputed

3

boundaries between [two or more boroughs, between boroughs and

4

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

5

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

6

the court may require the petitioners to file a bond in

7

sufficient sum to secure the payment of all costs of the

8

proceeding.

9

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

10

Upon application by petition, in accordance with section 502, 

11

the court shall appoint three impartial persons as commissioners

12

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

13

registered engineer[, to inquire into the prayer of the

14

petition]. After giving notice to interested parties

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

their report and recommendations to the court [together with

23

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

24

the lines and boundaries proposed to be ascertained and

25

established if they cannot be fully designated by natural lines

26

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

27

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

28

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

29

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

30

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

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1

court deems proper.

2

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

3

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

4

political subdivision [interested], within thirty days after the

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

report is confirmed absolutely, the court shall enter a decree

16

[altering or] ascertaining and establishing the lines and

17

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

18

publication of the decree establishing the lines and boundaries.

19

Section 505.  Compensation and Expenses of Commissioners;

20

Costs.--The compensation and expenses of commissioners appointed

21

to [alter or] ascertain and establish borough boundaries shall

22

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

23

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

24

the proceedings, including the furnishing and placing of

25

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

26

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

27

of them] or any interested municipal corporation, individually

28

or in apportioned amounts as the court deems equitable.

29

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

30

line is altered or ascertained and established, the court shall

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1

cause the same to be appropriately marked. Following any change

2

of borough limits pursuant to any procedure set forth in article

3

IV hereof, the annexing municipality shall be responsible for

4

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

5

a borough line ascertained and established pursuant to this

6

article to be appropriately marked.

7

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

8

read:

9

ARTICLE VI

10

BOROUGH WARDS

11

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

12

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

13

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

14

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

15

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

16

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

17

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

18

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

19

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

20

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

21

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

22

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

23

wards or cause the lines or boundaries of wards to be

24

ascertained or established, or abolish all wards. No borough

25

shall be divided or redivided into more than thirteen wards.

26

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

27

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

28

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

29

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

30

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

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1

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

2

distributed among the remaining wards [in such manner as the

3

court of quarter sessions shall direct] as council shall

4

determine. All other wards [as heretofore established] shall

5

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

6

provided in this article.

7

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

8

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

9

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

10

or members of council in the ward or wards abolished shall

11

continue in office for the term for which elected and shall

12

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

13

[such] the borough.

14

[If the latest official census of the United States shall

15

disclose that in any borough the population of any ward exceeds

16

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

17

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

18

court of quarter sessions upon application of the borough

19

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

20

petition of any citizen of the borough, shall adjust the

21

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

22

purpose of more nearly equalizing ward populations throughout

23

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

24

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

25

provided for by this paragraph.]

26

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

27

of compact and contiguous territory as nearly equal in

28

population as practicable as officially and finally reported in

29

the latest official census.

30

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

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1

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

2

Section 602.  [Signing Petition; Appointment of

3

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

4

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

5

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

6

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

7

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

8

the borough by at least five percent of the registered electors

9

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

10

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

11

determine the matter and may appoint three impartial persons,

12

none of whom shall be residents or property owners in the

13

borough, as commissioners to inquire into the propriety of

14

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

15

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

16

after their appointment and shall accompany it with a plot,

17

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

18

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

19

be, whenever the same cannot be fully designated by natural

20

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

21

registered electors in the borough and in all wards and proposed

22

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

23

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

24

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

25

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

26

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

27

proposal may petition council to initiate proceedings under

28

section 601 and may present to council a plot showing the

29

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

30

by motion approved by a majority of council and within ninety

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1

days of presentment of the petition, determine whether to

2

initiate proceedings under section 601.

3

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

4

within ninety days after the presentment of a petition under

5

subsection (a), any ten registered electors may petition the

6

court of common pleas and contest the existing apportionment as

7

violating section 601(b) or (d). The proceedings before the

8

court shall be conducted in accordance with 53 Pa.C.S. §§ 906

9

(relating to contest of reapportionment by governing body) and

10

907 (relating to costs and expenses of contest).

11

Section 42.  Sections 603, 604, 605 and 606 of the act are

12

amended to read:

13

Section 603.  [Confirmation of Report; Review.--Upon its

14

presentation, the court shall confirm the report nisi, and shall

15

direct that notice of the filing of the report] Notice of 

16

Ordinance.--(a)  Notice of an ordinance enacted in accordance

17

with section 601 shall be given by publication once in a

18

newspaper of general circulation [stating that exceptions may be

19

filed to such report within thirty days after the same was

20

filed. The court shall confirm the report absolutely if no

21

exceptions are filed or if it dismisses the exceptions. The

22

court may remand the report to the commissioners for a review,

23

if in its opinion a better adjudication may thereby be secured].

24

(b)  A copy of the ordinance, along with a plot showing the

25

boundaries of the wards established, shall be forwarded to the

26

county board of elections.

27

Section 604.  [Compensation of Commissioners.--The

28

commissioners shall each receive such compensation for their

29

services as the court shall fix.] (Reserved).

30

Section 605.  [Payment of Costs; Bond.--Such compensation and

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1

all costs and expenses incurred in such proceedings shall be

2

paid by the borough or the petitioners, as directed by the

3

court. To secure such reimbursement, the court may require the

4

petitioners, other than the borough council, to file a bond with

5

their petition.] (Reserved).

6

Section 606.  Terms of Officers.--Whenever [the court] 

7

council shall divide [any] a borough into wards, it shall

8

request the court of common pleas to appoint for each ward a

9

judge and two inspectors of election to hold elections until

10

[such] the officers may be elected as provided by law. In all

11

other cases, officers in office at the time any changes are made

12

pursuant to the preceding sections of this article, shall remain

13

in office until the expiration of the terms for which they have

14

been elected. In case any vacancy shall occur, the [same] 

15

vacancy shall be filled by the council, until the first Monday

16

of January next succeeding the election at which [such] the 

17

officers are to be elected, as provided in article VIII [of this

18

act].

19

Section 42.1.  The act is amended by adding a section to

20

read:

21

Section 606.1.  Pennsylvania Election Code.--Nothing in this

22

article shall be construed as affecting the powers and duties of

23

the court of common pleas or the county board of elections, and

24

restrictions on alteration of election districts as provided in

25

Article V of the act of June 3, 1937 (P.L.1333, No.320), known

26

as the "Pennsylvania Election Code."

27

Section 43.  Section 607 of the act is repealed:

28

[Section 607.  Change of Names and Numbers.--Boroughs may, by

29

ordinance, change the name of any ward to a number, or change

30

the number of any ward to name. No such ordinance shall go into

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1

force until a certified copy thereof is filed with the clerk of

2

the court of quarter sessions.]

3

Section 44.  Article VII heading of the act is reenacted to

4

read:

5

ARTICLE VII

6

ASSOCIATIONS AND ORGANIZATIONS

7

Section 45.  Section 701 of the act, amended February 21,

8

2002 (P.L.94, No.7), is amended to read:

9

Section 701.  State Association of Boroughs.--(a)  The

10

boroughs of the Commonwealth are authorized to organize a State

11

Association of Boroughs for the purpose of advancing the

12

interests of the boroughs. [Any] A borough may join the [said] 

13

association by motion of council and payment of the annual dues.

14

[Council may designate one or more delegates from the elected or

15

appointed officials of the borough to attend the annual meeting

16

of the association, which shall be held in the Commonwealth in

17

accordance with the procedure adopted by the association. In

18

addition to any compensation allowed by law for each delegate,

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 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. The

28

borough council solely may authorize the mayor and any council

29

member who is not employed by the borough to receive total or

30

partial reimbursement for lost wages or salary while attending

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1

the annual meeting, provided that sufficient documentation is

2

presented to the borough council to justify the reimbursement.

3

The time spent in attending said meeting shall not be more than

4

four days, including the time employed in traveling thereto and

5

therefrom.] Each borough, becoming a member of the association,

6

shall pay [such] reasonable dues as may be fixed by the

7

association.

8

(b)  The dues and other revenues received by the association

9

shall be used to pay for services, publications and other

10

expenses authorized or ratified by the association, or incurred

11

in behalf of the association, by its officers and committees.

12

Section 46.  The act is amended by adding sections to read:

13

Section 701.1.  Authorization to Attend and Payment of

14

Expenses for Attending Meetings, Etc.--(a)  Council may, by

15

motion, designate one or more delegates from the elected or

16

appointed officers of the borough to attend the annual meeting

17

of the association, which shall be held in this Commonwealth in

18

accordance with the procedure adopted by the association.

19

(b)  Council may, by motion, designate one or more elected or

20

appointed officers or employes of the borough to attend the

21

annual meeting as nondelegates or to attend a conference,

22

educational training or committee meeting of the association.

23

(c)  In addition to any compensation allowed under section

24

701.2, council may, for each attending delegate, elected or

25

appointed officer or employe, pay expenses upon receipt of an

26

itemized account of expenses, which shall be limited to the

27

registration fee, mileage for use of personal vehicle or

28

reimbursement of actual transportation expenses going to and

29

returning from the respective annual meeting, conference,

30

educational training or committee meeting of the association

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1

plus all other actual expenses that council may have agreed to

2

pay. Notwithstanding the provisions of this subsection, at least

3

one member of council shall be allowed expenses which shall be

4

limited to the registration fee, lodging, meals, mileage for use

5

of personal vehicle or reimbursement of actual transportation

6

expenses going to and returning from the meeting plus all other

7

actual expenses that the council may have agreed to pay.

8

Section 701.2.  Compensation of Officers and Employes for

9

Attending Meetings, Etc.--(a)  Council may authorize borough

10

employes, including the mayor and members of council if they are

11

employes of the borough, to be compensated at their regular

12

employe rate during their attendance at the annual meeting or a

13

conference, educational training or committee meeting of the

14

association.

15

(b)  Council solely may authorize the mayor and any council

16

member who is not employed by the borough to receive total or

17

partial reimbursement for lost wages or salary, including those

18

from self-employment, while attending the annual meeting or a

19

conference, educational training or committee meeting of the

20

association if sufficient documentation is presented to council

21

to justify the reimbursement.

22

(c)  The maximum time for which a borough employe or mayor or

23

council member not employed by the borough shall be reimbursed

24

for lost wages or salary while attending the annual meeting or a

25

conference, educational training or committee meeting of the

26

association shall not be more than four days, including time

27

spent traveling to and from the event.

28

(d)  The borough council may authorize a mayor or any council

29

member employed by the borough to be compensated at their

30

regular employe rate and a mayor or council member who is not

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1

employed by the borough to receive total or partial

2

reimbursement for lost wages or salary, including those from

3

self-employment, if they attend a meeting for which the mayor or

4

council member is an officer, a member of the board of

5

directors, a member of the executive committee, a member of a

6

standing committee or a trustee of the association, subject to

7

the following limitations which shall include time spent

8

traveling to and from the event:

9

(1)  The compensation of a mayor or council member for

10

attending a meeting of a standing committee of the association

11

shall be limited to two days per year of regular employe rate

12

compensation or lost wages or salary, as applicable.

13

(2)  The compensation of a mayor or council member for

14

attending a meeting for which the mayor or council member is a

15

trustee for the association shall be limited to four days per

16

year of regular employe rate compensation or lost wages or

17

salary, as applicable.

18

(3)  The compensation of a mayor or council member for

19

attending a meeting for which the mayor or council member is an

20

officer, member of the board of directors or a member of the

21

executive committee of the association shall be limited to

22

fifteen days per year of regular employe rate compensation or

23

lost wages or salary, as applicable.

24

(4)  A mayor or council member identified under paragraph

25

(1), (2) or (3) may not be compensated by the borough under this

26

subsection to the extent that the mayor or council member

27

receives compensation from the association or a board or

28

committee of the association for attending the meeting.

29

Section 47.  Section 702 of the act, amended February 21,

30

2002 (P.L.94, No.7), is amended to read:

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1

Section 702.  County and Regional Associations of Boroughs.--

2

The boroughs of any county or of two or more adjoining or nearby

3

counties, may organize a county or regional association of

4

boroughs, composed of elected and appointed borough [officials] 

5

officers in [such] the county or counties, organized for the

6

purpose of furthering the interests of the boroughs in the

7

association and their inhabitants. [Any] A borough may annually

8

appropriate a sum of money, not exceeding [seventy-five dollars

9

($75)] one hundred dollars ($100) for the support of [such] the 

10

association. For attendance at a meeting of the county or

11

regional association of which [such] the borough is a member,

12

the borough may, for each delegate, pay expenses which shall be

13

limited to the registration fee, mileage for use of personal

14

vehicle or reimbursement of actual transportation expense going

15

to and returning from [such] the meeting plus all other actual

16

expenses that the council may have agreed to pay. Every delegate

17

attending the [annual] meeting shall submit to the council an

18

itemized account of expenses incurred [thereat]. The council may

19

authorize borough employes to be compensated at their regular

20

employe rate during their attendance at the [annual] meeting.

21

The borough council solely may authorize the mayor and any

22

council member who is not employed by the borough to receive

23

total or partial reimbursement for lost wages or salary while

24

attending the [annual] meeting, provided that sufficient

25

documentation is presented to the borough council to justify the

26

reimbursement. [Any such] A county or regional association of

27

boroughs shall have the option of admitting to membership

28

representatives of political subdivisions other than boroughs

29

within [such] the county or counties but representatives of

30

[such] the other political subdivisions shall have no voice or

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1

vote in any matter that is or may be of concern solely to

2

boroughs.

3

Section 48.  Section 703 of the act, amended January 28, 1988

4

(P.L.21, No.10), is amended to read:

5

Section 703.  Other Associations and Organizations.--[Any] 

6

(a)  A borough, by motion of council, may:

7

(1)  join other associations and organizations concerned with

8

municipal or governmental affairs; [may]

9

(2)  pay dues to and appropriate moneys for the support of

10

and participation in [such] the associations and organizations;

11

and [may]

12

(3)  send delegates to meetings or [conventions] conferences 

13

of [such] associations and organizations.

14

In addition to any compensation allowed by law for each

15

delegate, the borough may, for each delegate, pay expenses which

16

shall be limited to the registration fee, mileage for use of

17

personal vehicle or reimbursement of actual transportation

18

expense going to and returning from [such] the meeting or

19

conference plus all other actual expenses that the council may

20

have agreed to pay. Every delegate attending the annual meeting

21

or conference shall submit to the council an itemized account of

22

expenses incurred [thereat]. The council may authorize borough

23

employes to be compensated at their regular employe rate during

24

their attendance at the annual meeting or conference. The time

25

spent in attending the meeting or [convention] conference shall

26

not be more than four days, including the time employed in

27

traveling [thereto and therefrom] to and from the meeting or

28

conference.

29

[Any] (b)  A borough, by motion of council, may authorize any

30

of its officers [and/or] and employes to attend meetings of

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1

professional organizations and associations, or [study or] 

2

educational training sessions for persons holding the same or

3

similar office or employment, and may pay all or any specified

4

portion of the necessary expenses incident to their attendance

5

at [such] the meetings or sessions.

6

Every person attending [any convention] a conference, meeting

7

or [study or] educational training session referred to in this

8

section shall submit to the council an itemized account of [his] 

9

the person's expenses [thereat], including traveling expenses or

10

mileage, that council may have agreed to pay.

11

Section 49.  Section 704 of the act, amended May 7, 1998

12

(P.L.347, No.54), is amended to read:

13

Section 704.  Associations and Organizations for Mayors.--

14

[Any] A mayor may join a mayors' association and borough council

15

shall pay reasonable dues, not to exceed one hundred dollars

16

($100), as may be fixed by the association for each mayor

17

belonging to that association. The mayor may attend the annual

18

meeting of the association, which shall be held in [the] this 

19

Commonwealth in accordance with the procedure adopted by the

20

association. [Each] A mayor shall be allowed expenses which

21

shall be limited to the registration fee, lodging, meals, 

22

mileage for use of personal vehicle or reimbursement of actual

23

transportation expense going to and returning from [such] the 

24

meeting plus all other actual expenses that the council may have

25

agreed to pay. Every mayor attending the annual meeting shall

26

submit to the council an itemized account of expenses incurred

27

at the annual meeting. The time spent in attending [said] the 

28

meeting shall not be more than four days, including time in

29

traveling to and from the meeting.

30

Section 50.  Section 705 of the act, added June 22, 2000

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1

(P.L.325, No.34), is amended to read:

2

Section 705.  National or State Lodge of Police Officers.--

3

[Any] A borough council may grant [any] a borough employe, who

4

is a duly elected representative of [any] a State lodge of

5

police officers or [any] a local lodge being a part of any

6

national or State lodge of police officers, a leave of absence

7

with pay to attend [any] an annual national or State convention

8

or conference of [such] the lodge, for a period not to exceed

9

four days, including necessary time for travel to and from

10

[same. Any] the convention or conference. An employe receiving

11

time off with pay under this section shall, upon [his] return, 

12

submit to [his] the employe's immediate superior a certificate

13

testifying to [his] the employe's attendance at the convention

14

or conference, signed by at least two responsible officers of

15

the convention or conference. No more than two elected

16

representatives who are employes of the same borough may attend

17

[any such] a convention or conference on behalf of [any such] a 

18

lodge under this section.

19

Section 51.  Article VIII and subdivision (a) headings of the

20

act are reenacted to read:

21

ARTICLE VIII

22

ELECTIONS OF OFFICERS

23

(a)  General Provisions Relating to Elected Officers

24

Section 52.  Section 801 of the act, amended November 29,

25

2004 (P.L.1337, No.170), is amended to read:

26

Section 801.  Electors Only to be Eligible;

27

Incompatibility.--(a)  Except as provided in subsection (b),

28

only registered electors of the borough [only] shall be eligible

29

to elective borough offices. [All] Before being sworn in to

30

office, each elected borough [officers shall reside] officer

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1

shall present a signed affidavit to the borough secretary that

2

states that the officer resides in the borough from which

3

elected and [shall have] has resided in the borough continuously

4

for at least one year immediately before [their] the officer's 

5

election. A school director shall not be eligible to an elective

6

borough office. No individual shall at the same time hold more

7

than one elective borough office.

8

(b)  A borough with a population of less than one hundred

9

fifty, incorporated on or after January 1, 1964, may permit

10

[individuals] residents that have not resided in the borough

11

continuously for at least one year immediately before the

12

election to be eligible to hold office.

13

Section 53.  Sections 802 and 803 of the act are reenacted to

14

read:

15

Section 802.  Time and Place of Elections.--Elections for

16

borough officers shall be at the time and place designated by

17

law for the holding of municipal elections.

18

Section 803.  Certificates of Election.--Certificates of

19

election of all borough officers shall be filed with the borough

20

secretary and be preserved among the records of the borough for

21

a period of six years.

22

Section 54.  Section 804 of the act, amended June 15, 1978

23

(P.L.473, No.68), is amended to read:

24

Section 804.  Term; Bonds.--Persons elected to borough

25

offices shall serve for the term for which they were elected,

26

except where a vacancy in office shall exist for any reason, in

27

which case the vacancy shall be filled in the manner provided by

28

this act.

29

Whenever [any] an elected official of a borough is required

30

to give bond for the faithful performance of [his] the elected

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1

official's duties, the borough may pay the premium for [such] 

2

the bond[; except that]. For a tax collector's bond, however, 

3

the borough shall pay a proportionate share of the cost of the

4

bond [of the tax collector, such] with the share to be in the

5

same ratio as the amount of borough taxes bears to the total

6

amount of all taxes indicated by the tax duplicate to be

7

collected by the tax collector during the year preceding the

8

date the premium is due.

9

Section 55.  Sections 805 and 806 of the act, amended June

10

25, 2001 (P.L.651, No.56), are amended to read:

11

Section 805.  Election of Borough Officers When Boroughs

12

Created, Etc.--Whenever a borough is incorporated under the

13

provisions of sections 201 to 219 [inclusive of this act], or

14

whenever two or more boroughs are consolidated under the

15

provisions of [sections 221 to 228 of this act] 53 Pa.C.S. Ch. 7

16

Subch. C (relating to consolidation and merger), or whenever a

17

borough is created from a city of the third class under the

18

provisions of sections 231 to 235 [of this act], the officers of

19

the borough, provided for in section 806 [of this act], shall be

20

elected at the appropriate municipal election as provided in

21

[said sections] the law and [such] the officers shall take

22

office on the first Monday of January succeeding [such] the 

23

election.

24

At [any such] the election, if the borough is not divided

25

into wards, of the seven members of council to be elected, three

26

or four members of council, as the case may be, shall be elected

27

for terms of two years each, and three or four members of

28

council, as the case may be, shall be elected for terms of four

29

years each, to coincide with the number of members of council

30

elected at [such] the election in existing boroughs under the

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1

provisions of section 811 [of this act].

2

In the case of the consolidation of two or more boroughs into

3

one borough, or the creation of a borough from a city of the

4

third class, and where in either event two members of council

5

are to be elected from each ward, one member of council shall be

6

elected from each ward for a term of two years and one member of

7

council shall be elected from each ward for a term of four

8

years.

9

In all boroughs coming within the provisions of this section,

10

three auditors shall be elected, one for a term of two years,

11

one for a term of four years, and one for a term of six years.

12

All other officers of the borough shall be elected at [such] 

13

the election for terms of two or four years, as the case may be,

14

to coincide with the terms of officers elected under this act at

15

[such] the election in the existing boroughs.

16

Section 806.  Officers to be Elected.--(a)  It shall be

17

lawful for the electors of the borough to elect:

18

(1)  One mayor, who shall be elected at the municipal

19

election in the year 1969, and every four years thereafter, and

20

who shall hold office for a term of four years.

21

(2)  One tax collector, who shall be elected at the municipal

22

election in the year 1969, and every four years thereafter, and

23

who shall be a properly qualified person. No magisterial

24

district judge may at the same time hold the office of tax

25

collector.

26

(3)  Three elected auditors or one elected controller, unless

27

the borough instead provides for one appointed auditor pursuant

28

to section 1005(7). The following shall apply:

29

(i)  in boroughs providing for three elected auditors, one

30

auditor shall be elected at each municipal election for a term

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1

of six years; or

2

(ii)  in boroughs providing for one elected controller, the

3

controller shall be elected at the municipal election in the

4

year 1969, and every four years thereafter, who shall be a

5

competent accountant and a registered elector of the borough for

6

at least four years prior to the person's election and shall

7

serve for a term of four years.

8

[(1)] (4)  In boroughs not divided into wards, seven members

9

of council[, one mayor, one assessor, except in those boroughs

10

where, under the applicable county assessment law, the office of

11

elected assessor in boroughs shall have been abolished; a tax

12

collector and three auditors or one controller except in such

13

boroughs where there shall be an appointed auditor in lieu of

14

elected auditors or controller]. In [any] a borough with a 

15

population, as determined by the latest official census, of less

16

than three thousand, the total number of members of council may

17

be reduced from seven to five or to three upon petition to the

18

court of common pleas, as provided in section 818 [of this act].

19

[(2)] (5)  In boroughs divided into wards, at least one, and

20

not more than two members of council in each ward, except in

21

boroughs where prior to the passage of this act three members of

22

council were elected in each ward. In [such] those boroughs, the

23

number of members of council is fixed at three in each ward

24

until [such] the number is reduced in the manner provided by

25

this act. Members of council shall be residents of the ward from

26

which they are elected, and chosen by the electors of the ward[;

27

also a mayor, a tax collector and three auditors or a

28

controller, except in such boroughs where there shall be an

29

appointed auditor in lieu of elected auditors or controller, and

30

an assessor, except in those boroughs where, under the

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1

applicable county assessment law, the office of elected assessor

2

shall have been abolished who shall be chosen by the electors of

3

the boroughs at large].

4

(b)  The terms of all elected officers under this section

5

shall begin the first Monday of January next succeeding the

6

person's election.

7

Section 56.  Article VIII subdivision (b) heading of the act,

8

amended June 25, 2001 (P.L.651, No.56), is reenacted to read:

9

(b)  Members of Council

10

Section 57.  Sections 811, 812, 813 and 814 of the act,

11

amended June 25, 2001 (P.L.651, No.56), are amended to read:

12

Section 811.  Election of Members of Council.--(a)  At the

13

municipal election to be held in the year 1967, there shall be

14

elected in each borough a sufficient number of members of

15

council to equal one-half of the entire number of which [such] 

16

the council is legally composed, to serve for a term of four

17

years from the first Monday of January next succeeding[, and,

18

where such] the election. Where the entire number of council is

19

seven, nine, or eleven, then it shall be sufficient to

20

[constitute] elect three, four, or five council members, as the

21

case may be[; the aforesaid members of council, to be]. The

22

members of council elected in the year 1967, being successors to

23

those elected in the year 1963, whose terms, as heretofore

24

provided by law, expire on the first Monday of January, 1968.

25

All members of council whose terms expire on the first Monday of

26

January, 1970 shall continue to hold their office until the

27

first Monday of January, 1970, as now provided, and their

28

successors shall be elected at the municipal election in the

29

year 1969, to serve for a term of four years, from the first

30

Monday of January next succeeding. If for any reason members of

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1

council are not elected as [hereinabove] provided under this

2

section, members of council whose terms end on the same date

3

shall cast lots to determine who shall serve for a two-year term

4

and who shall serve for a four-year term. The secretary of the

5

borough shall certify the results to the appropriate county

6

board of elections.

7

(b)  Biennially thereafter, at the municipal election, a

8

sufficient number of members of council shall be elected, for a

9

term of four years from the first Monday of January next

10

succeeding, to fill the places of those whose terms, under the

11

provisions of this act, shall expire on the first Monday of

12

January next following [such] the election.

13

Section 812.  Election of Members of Council Where New Wards

14

Created.--(a)  Whenever [the court of common pleas shall] 

15

council shall, by ordinance, divide any borough into wards,

16

erect new wards out of two or more wards or parts [thereof,] of

17

wards or divide a ward already erected into two or more wards,

18

[or create a new ward out of annexed territory, and when the

19

report, in such case, is confirmed by the court, it shall, at

20

the same time, decree] the ordinance shall provide for the

21

election of an equal number of members of council, in each of

22

the wards, in [such] a manner as not to interfere with the terms

23

of those [theretofore] previously elected.

24

(b)  Where a borough is first divided into wards, the [court] 

25

ordinance providing for the division shall fix the number of

26

members of council in each ward at not more than two. [In

27

decreeing such election, when] When the entire number of council

28

shall be composed of an even number, [the decree shall be so

29

made that] one-half of the entire number shall thereafter be

30

elected at each municipal election. When the entire number of

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1

council shall be an odd number, the [court shall divide such

2

council into] ordinance shall establish two classes, and shall

3

[make its decrees so] provide that one-half of the entire number

4

of members of council, less one, shall, as soon as possible,

5

take their office in a year divisible by four, and the remaining

6

number of members of council shall take their office in an even-

7

numbered year not divisible by four. The apportionment shall be

8

[so made by the court that there shall be] equal or as nearly

9

equal as possible, representation by wards in each class.

10

Biennially thereafter, at each municipal election, a sufficient

11

number of members of council shall be elected, for the term of

12

four years from the first Monday of January next succeeding, to

13

fill the places of those whose terms shall expire on the first

14

Monday of [the] January next following [such] the election.

15

Section 813.  Fixing Number of Members of Council When Wards

16

Created.--Whenever upon the division of [any] a borough into

17

wards, or the creation of a new ward or wards, the number of

18

members of council cannot be equally divided among the wards of

19

the boroughs, it shall be lawful for [the court, in decreeing

20

such division or creation,] council to increase the number of

21

council to, and not exceeding, [such number as] a number that 

22

will enable [the court to make an] equal apportionment of the

23

same among the several wards of [such] the borough. But where a

24

borough is first divided into wards, the number of members of

25

council provided for a ward shall not exceed two.

26

Section 814.  Increase in Number of [Members of Council.--The

27

court of common pleas, having fixed the number of members of

28

council, as provided in section 812 of this article,] Ward

29

Council Members.--Council may, upon petition of at least five

30

percent of the registered electors of the borough, increase the

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1

[same] number of members of council to any number not exceeding

2

two for each ward. The sufficiency of the number of signers to

3

[any such] the petition shall be ascertained as of the date when

4

the petition is presented to [court] council.

5

Section 58.  Section 815 of the act, amended May 7, 1998

6

(P.L.347, No.54), is amended to read:

7

Section 815.  Decrease of Number of Ward Council Members.--

8

Whenever, in any borough divided into wards, the council

9

consists of more than seven members, at least five percent of

10

the registered electors of [such] the borough shall have power

11

to petition [the court of common pleas] council for a decrease

12

in the number of members of council from each ward, but in no

13

instance shall the council consist of less than seven members.

14

The purpose of [such] the decrease may be to achieve any or all

15

of the following results:

16

(1)  a council which is less unwieldy in size;

17

(2)  a council which is comparable in size to those in

18

boroughs not divided into wards;

19

(3)  a council consisting of an odd number of members instead

20

of an even number;

21

(4)  a reduction in borough expenditures; and[,]

22

(5)  the expedition of the conduct of council meetings.

23

[Said] The petition shall clearly state whether [it is the

24

prayer of] the petitioners request that the number of members of

25

[such] the council to be elected in each ward shall be reduced

26

from two to one, or from three to two or one, and shall further

27

state the reasons why [such] the reduction in number shall be

28

desired. The petition may also state whether it is necessary to

29

add a council member or members to be elected at large in order

30

to achieve or maintain a council consisting of at least seven

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1

members or to achieve or maintain a council consisting of an odd

2

number of members. The sufficiency of the number of signers to

3

[any such] the petition shall be ascertained as of the date the

4

petition is presented to [court] council.

5

The [court] council shall give notice of the filing of [such] 

6

the petition by advertisement in the legal [journal] newspaper 

7

of the county, if one is published in the county, and in one

8

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

9

the notice shall fix a day and time for [hearing] a public

10

meeting. After [such hearing, the court may] the public meeting

11

council may, by ordinance, decrease the number of council

12

members elected from each ward from two to one, or from three to

13

two or one, and may also provide for the election at large of a

14

member or members of council. [The court] Council shall, if

15

necessary, establish a schedule for the subsequent at-large

16

election of council members. The schedule may provide that the

17

initial term of one or more of the council members subsequently

18

elected at large shall be reduced to accommodate a schedule of

19

staggered at-large elections to eventually insure that, as [near

20

as may be] nearly as possible, one-half of the members of

21

council elected at large will be elected at each municipal

22

election.

23

At each municipal election thereafter in [such] the borough,

24

where there are two members from each ward, the electors of each

25

ward shall elect one council member to hold office for a term of

26

four years from the first Monday of January next succeeding the

27

election.

28

At each municipal election thereafter in [such] the boroughs,

29

where there is one member from each ward, the electors from each

30

of the odd-numbered wards shall, at the first municipal election

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1

thereafter, elect one council member for a term of four years,

2

and the electors from each of the even-numbered wards shall

3

elect one council member for a term of two years. At each

4

municipal election thereafter, the electors of the even-numbered

5

wards, or odd-numbered wards as the case may be, shall each

6

elect one council member for a term of four years, to take the

7

place of those whose terms are about to expire. [All such] The

8

council members shall take office on the first Monday of January

9

following their election.

10

In any borough where, under the provisions of this section,

11

the number of council members shall be reduced, the council

12

members then in office shall remain in office until the end of

13

their respective terms.

14

Section 59.  Sections 816, 817 and 818 of the act, amended

15

June 25, 2001 (P.L.651, No.56), are amended to read:

16

Section 816.  Election of Members of Council Where Wards

17

Abolished.--(a)  Whenever [the court of common pleas shall

18

abolish all wards in any borough and when the report in such

19

case is confirmed by the court, it shall, at the same time,

20

decree] council shall, by ordinance, abolish all wards in a

21

borough, the ordinance shall provide for the election of seven

22

members of council at large for the borough in [such] a manner

23

as not to interfere with the terms of those ward members of

24

council [theretofore] previously elected. [In decreeing such

25

election, where] Where there were [theretofore] previously:

26

(1)  Seven members of council, the [decree shall be so made] 

27

ordinance shall provide that, at the first municipal election

28

thereafter the electors shall elect three or four members of

29

council, as the case may be, the number to be elected to be that

30

which, when added to the number of members of council already in

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1

office whose terms are not about to expire, shall bring the

2

membership of the council to seven. [Such] The newly elected

3

members of council shall serve for terms of four years from the

4

first Monday of January next succeeding [such] the first

5

municipal election, except that, in any case where the election

6

of four members of council shall be required to bring the

7

membership of council to its full complement of seven, and only

8

three members of council are elected at [such] the municipal

9

election in the other boroughs of the [State] Commonwealth not

10

divided into wards, three members of council shall be elected

11

for four-year terms and one for a two-year term. Thereafter, at

12

every succeeding municipal election, the electors shall elect

13

three or four members of council, as the case may be, each to

14

serve for a term of four years from the first Monday of January

15

following [such] the municipal election.

16

(2)  Eight or more members of council, the [decree shall be

17

so made] ordinance shall provide that, at the first municipal

18

election thereafter the electors shall elect a sufficient number

19

of members of council that, when added to the number of members

20

of council already in office whose terms are not about to

21

expire, will bring the membership of the council to seven.

22

[Such] The newly elected members of council shall serve for

23

terms of four years from the first Monday of January next

24

succeeding [such] the first municipal election. At the second

25

municipal election after [such decree] the effective date of the

26

ordinance, the electors shall elect a sufficient number of

27

members of council, that, when added to the number of members of

28

council elected at the previous municipal election, shall bring

29

the membership of council to its full complement of seven, some

30

of [such] the members of council elected at [such] the second

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1

municipal election to serve for a four-year term following the

2

first Monday of January next succeeding, the remainder to serve

3

for a two-year term, the number in each case to be that required

4

to bring the number of members of council to be elected in

5

[such] the borough in succeeding municipal elections into

6

conformity with the number elected in the other boroughs of the

7

Commonwealth not divided into wards. In the third and all

8

subsequent municipal elections following [such decree of court] 

9

the effective date of the ordinance, the electors shall elect

10

three or four members of council, as the case may be, each to

11

serve for a term of four years from the first Monday of January

12

following [such] the municipal election.

13

In any [such] borough where, under the ward system of

14

electing members of council, the council shall have been so

15

large that there shall be seven or more members of council whose

16

terms shall not expire on the first Monday of January following

17

the first municipal election after [such decree] the effective

18

date of the ordinance, no members of council shall be elected at

19

[such] the first municipal election, and the members of council

20

remaining in office shall constitute [such] the borough council

21

until the first Monday of January following the second municipal

22

election following [such decree] the effective date of the

23

ordinance. At [such] the second municipal election, seven

24

members of council shall be elected in [such] the borough, some

25

to serve for a four-year term of office from the first Monday of

26

January following [such] the second municipal election, the

27

remainder to serve for a two-year term, the number in each case

28

[to be such] as necessary to bring the number of members of

29

council to be elected in [such] the borough in succeeding

30

elections into conformity with the number elected in other

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1

boroughs of the Commonwealth not divided into wards. Thereafter,

2

at the third and all subsequent municipal elections following

3

[such decree] the effective date of the ordinance, the electors

4

shall elect three or four members of council, as the case may

5

be, each to serve for a term of four years from the first Monday

6

of January following [such] the subsequent municipal election.

7

(3)  Six or fewer members of council, the [decree shall be

8

made so] ordinance shall provide that at the first municipal

9

election thereafter, the electors shall elect a sufficient

10

number of members of council that, when added to the number of

11

members of council already in office whose terms are not about

12

to expire, will bring the membership of council to its full

13

complement of seven. Of [such] the newly elected members of

14

council, either three or four, as necessary to bring the number

15

of members of council to be elected in [such] the borough in

16

succeeding municipal elections into conformity with the number

17

elected in other boroughs of the Commonwealth not divided into

18

wards, shall be elected for four-year terms of office, beginning

19

the first Monday of January following [such] the first municipal

20

election, and the balance shall be elected for two-year terms.

21

Thereafter, at the second municipal election following [such

22

decree] the effective date of the ordinance and at all

23

subsequent municipal elections, the electors shall elect three

24

or four members of council, as the case may be, to serve for a

25

term of four years from the first Monday of January following

26

[such] the subsequent municipal election.

27

[In any case where a vacancy may occur, at] (b)  At any time

28

following [such decree,] the effective date of the ordinance,

29

where a vacancy may occur in the office of a member of council

30

originally elected or appointed from a particular ward, the

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1

person appointed to fill [such] the vacancy need not be a

2

resident of the area formerly comprising [such] the ward, but

3

[need only be a registered elector of the borough] shall be

4

otherwise qualified for office as provided in section 801.

5

Section 817.  Vacancies Created After a Primary Election.--

6

Whenever [a decree of court is made after a primary election

7

and, as a result thereof,] a vacancy is created in the office of

8

member of council by any ordinance or decree of court as

9

provided in this subdivision after a primary election, it may be

10

filled by nomination made by [such] the committee as is

11

authorized by the rules of the party to make nominations in the

12

event of vacancies on the party ticket.

13

Section 818.  Decrease in Number of Members of Council.--The

14

court of common pleas may, upon petition of at least five

15

percent of the registered electors of any borough not divided

16

into wards, which, according to the latest official census, had

17

a population of not more than three thousand, reduce the total

18

number of members of council for [such] the borough from seven

19

to five or to three. The sufficiency of the number of signers to

20

[any such] the petition shall be ascertained as of the date when

21

the petition is presented to court.

22

The court shall give notice of the filing of [such] the 

23

petition by advertisement in the legal [journal] newspaper of

24

the county, if one is published in the county, and in one

25

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

26

the notice shall fix a day and time for hearing. After [such] 

27

the hearing, the court may decrease the number of members of

28

council elected in [such] the borough from seven to five or

29

three, as requested in the petition.

30

At the municipal election following the decrease in the

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1

number of members of council in [such] the borough, from seven

2

to five, if four members of council would otherwise have been

3

elected, there shall instead be elected three members of

4

council; if three members of council would otherwise have been

5

elected there shall instead be elected two members of council.

6

At the second municipal election following the decrease in the

7

number of members of council in [such] the borough, if four

8

members of council would otherwise have been elected, there

9

shall instead be elected three members of council; if three

10

members of council would otherwise have been elected, there

11

shall be elected two members of council. At all following

12

municipal elections, there shall be elected the proper number of

13

members of council to correspond to the number of members of

14

council whose terms are to expire the first Monday of the

15

following January.

16

At the municipal election following the decrease in the

17

number of members of council in [such] the borough from seven to

18

three, if four members of council would otherwise have been

19

elected there shall instead be elected two members of council;

20

if three members of council would otherwise have been elected

21

there shall instead be elected one member of council. At the

22

second municipal election following the decrease in the number

23

of members of council in [such] the borough, if four members of

24

council would otherwise have been elected, there shall instead

25

be elected two members of council; if three members of council

26

would otherwise have been elected, there shall be elected one

27

member of council. At all the following municipal elections,

28

there shall be elected the proper number of members of council

29

to correspond to the number of members of council whose terms

30

are to expire the first Monday of the following January.

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1

In any borough where, under the provisions of this section,

2

the number of members of council shall be reduced, the members

3

of council then in office shall remain in office until the end

4

of their respective terms. If [any such] a borough shall

5

thereafter attain a population in excess of three thousand,

6

according to the latest official census, the number of members

7

of council shall automatically be increased from three or five

8

to seven, following the reverse of the procedure set forth in

9

the third or fourth paragraph of this section, as the case may

10

be.

11

Section 60.  Article VIII subdivision (c) heading, section

12

821, subdivision (d) heading, section 831, subdivision (e)

13

heading, section 841, subdivision (f) heading, section 851,

14

subdivision (g) heading and section 861 of the act are repealed:

15

[(c)  Mayor

16

Section 821.  Election of Mayor.--Electors of every borough

17

shall, at the municipal election in the year 1969, and every

18

four years thereafter, elect one person as mayor, who shall hold

19

office for a term of four years from the first Monday of January

20

next succeeding his election.

21

(d)  Auditors

22

Section 831.  Election of Auditors.--The qualified electors

23

in boroughs electing auditors, and not accepting the provisions

24

of this act providing for the office of controller, shall elect,

25

at each municipal election, one auditor for a term of six years,

26

to hold office from the first Monday of January next succeeding

27

his election.

28

(e)  Controller

29

Section 841.  Election of Controller.--The qualified electors

30

in every borough having a controller, and in every borough

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1

accepting the provisions of this act relating to the controller,

2

shall, at the municipal election in the year 1969, and every

3

four years thereafter, elect as borough controller one person

4

who shall be a competent accountant and a registered elector of

5

the borough, for at least four years prior to his election. The

6

person so chosen shall serve for a term of four years from the

7

first Monday of January next succeeding his election.

8

(f)  Assessors

9

Section 851.  Election of Assessors.--At the municipal

10

election in the year 1967 and at the municipal election every

11

four years thereafter, the qualified electors of every borough

12

shall elect a properly qualified person for assessor in such

13

borough. The provisions of this section shall not apply to those

14

boroughs where, under the applicable county assessment law, the

15

office of elected assessor in boroughs has been abolished. No

16

justice of the peace shall at the same time hold the office of

17

assessor.

18

(g)  Tax Collector

19

Section 861.  Election of Tax Collector.--The qualified

20

electors of every borough shall, at the municipal election in

21

the year 1969, and every four years thereafter, elect one

22

properly qualified person as tax collector of the borough. No

23

justice of the peace shall at the same time hold the office of

24

tax collector.]

25

Section 61.  Article IX heading of the act is reenacted to

26

read:

27

ARTICLE IX

28

VACANCIES IN OFFICE

29

Section 62.  Section 901 of the act, amended June 25, 2001

30

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

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1

Section 901.  Filling Vacancies in Elective Borough

2

Offices.--(a)  If any vacancy shall occur in the office of the

3

mayor, member of council, auditor, controller, [assessor,] or

4

tax collector, by death, resignation, [removal] termination of

5

residency from the borough, or from a ward in the case of a ward

6

office, or by failure to take the required oath or to give bond

7

as provided by law or ordinance, provide the affidavit required

8

under section 801, or in any other manner whatsoever, the

9

borough council shall fill [such] the vacancy within thirty days

10

by appointing, by resolution, a registered elector of the

11

borough, or of the ward in case of a ward office, to hold [such] 

12

the office, if the term [thereof] continues so long, until the

13

first Monday in January after the first municipal election

14

occurring more than sixty days after the vacancy occurs, at

15

which election an eligible person shall be elected to the office

16

for the remainder of the term. [No] Except as provided in

17

section 801(b), no person shall be appointed to fill a vacancy

18

in an elected borough or ward office unless [he or she] the

19

person has resided within the borough, or within the ward in the

20

case of a ward office, continuously for at least one year

21

immediately prior to [his or her] the person's appointment.

22

[The person appointed shall give bond if required by law or

23

ordinance.

24

In cases where the person elected to the office shall fail to

25

give bond, if any, required or to take the required oath, the

26

borough council, before making the appointment, shall declare

27

the office vacant.]

28

(b)  The person appointed shall give bond if required by law

29

or ordinance. In cases where the person elected to the office

30

shall fail to give any bond required, provide the affidavit

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1

required under section 801 or to take the required oath, the

2

borough council, before making the appointment, shall declare

3

the office vacant.

4

(c)  If the council of any borough shall refuse, fail or

5

neglect, or be unable, for any reason whatsoever, to fill any

6

vacancy within thirty days after the vacancy happens, as

7

provided in this section, then the vacancy shall be filled

8

within fifteen additional days by the vacancy board. [Such] The 

9

board shall consist of the borough council exclusive of the

10

mayor, and one registered elector of the borough who shall be

11

appointed by the borough council at the council's first meeting

12

each calendar year or as soon thereafter as practical and who

13

shall act as [chairman] chair of the vacancy board. The board

14

shall appoint a registered elector of the borough, [(]or ward in

15

the case of a ward office[)], to hold [such] the office, if the

16

term [thereof] continues so long, until the first Monday in

17

January after the first municipal election occurring more than

18

sixty days after the vacancy occurs, at which election an

19

eligible person shall be elected to the office for the remainder

20

of the term.

21

(d)  If the vacancy is not filled by the vacancy board within

22

fifteen days, the [chairman] chair shall, or in the case of a

23

vacancy in the [chairmanship] chair, the remaining members of

24

the vacancy board shall petition the court of common pleas to

25

fill the vacancy by the appointment of a registered elector of

26

the borough [(],or ward in the case of a ward[)], to hold [such] 

27

the office, if the term [thereof] continues so long, until the

28

first Monday in January after the first municipal election

29

occurring more than sixty days after the vacancy occurs, at

30

which election an eligible person shall be elected to the office

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1

for the remainder of the term.

2

(e)  In the case where there are vacancies in more than a

3

majority of the offices of council, the court of common pleas

4

shall fill [such] the vacancies upon presentation of petition

5

signed by not less than fifteen registered electors of the

6

borough.

7

Section 63.  Section 902 of the act is amended to read:

8

Section 902.  Collection of Taxes Where Vacancy in Office of

9

Tax Collector Not Filled.--Where a vacancy in the office of tax

10

collector exists and no [resident] registered elector of the

11

borough has, within thirty days, received the appointment to

12

fill [such] the vacancy, the county commissioners, the borough

13

council and the board of school directors of the school district

14

shall collect the tax for the county, the borough, and the

15

school district, respectively, through their respective

16

treasurers, or in the case of school districts at the option of

17

the district through their secretaries, and in the case of

18

boroughs, at the option of the borough council, through their

19

secretaries or borough managers.

20

Section 64.  Section 903 of the act, amended June 25, 2001

21

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

22

Section 903.  Right of Council to Declare Seat of Member

23

Vacant for Failure to Qualify.--If any person, elected or

24

appointed as a member of council, who has been notified of

25

election or appointment, shall refuse or neglect to qualify as

26

[such] a member of council within ten days next succeeding the

27

beginning of the person's term of office, unless prevented by

28

sickness or prevented by necessary absence from the borough, the

29

borough council, acting without [such] the person, may declare

30

the person's office as member of council vacant, and may fill

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1

[such] the vacancy as provided in section 901 [of this act]. For

2

such actions a majority of the remaining members of the council

3

shall constitute a quorum.

4

Section 65.  Section 904 of the act, amended June 25, 2001

5

(P.L.651, No.56), is repealed:

6

[Section 904.  Right of Council to Declare Seat of Member

7

Vacant for Failure to Attend Meetings, Etc.--If any person,

8

having qualified as a member of council, shall neglect or refuse

9

to attend two successive regular meetings unless detained by

10

sickness, or prevented by necessary absence from the borough, or

11

if in attendance at any meetings shall neglect or refuse to vote

12

or by withdrawal from council or otherwise refuse to act in the

13

person's official capacity as a member of council, the borough

14

council, acting without such person, may declare the person's

15

office as a member of council vacant, and may fill such vacancy

16

as provided in section 901 of this act. For such actions a

17

majority of the remaining members of the council shall

18

constitute a quorum.

19

No such office shall be declared vacant for failure to attend

20

meetings of the council until the holder thereof shall have been

21

given opportunity of hearing before the remaining members of the

22

council, at which time he shall show cause why he shall not be

23

removed. He shall be given at least ten days' written notice of

24

the time and place of such hearing.]

25

Section 66.  Section 905 and Article X and subdivision (a)

26

headings of the act are reenacted to read:

27

Section 905.  Temporary Auditor.--If for any reason two or

28

three vacancies exist in the office of borough auditors, the

29

council may temporarily appoint and reasonably compensate a

30

qualified person, who need not be an elector of the borough, who

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1

shall have all the powers and duties of the two or three

2

auditors whose offices are vacated.

3

ARTICLE X

4

POWERS AND DUTIES OF ELECTED

5

BOROUGH OFFICIALS

6

(a)  Council

7

Section 67.  Section 1001 of the act, amended June 25, 2001

8

(P.L.651, No.56), March 22, 2002 (P.L.207, No.17) and April 2,

9

2002 (P.L.236, No.28), is amended to read:

10

Section 1001.  Organization of Council; Quorum; Participation

11

by Telecommunication Device; Voting; Compensation;

12

Eligibility.--(a)  The borough council shall organize on the

13

first Monday of January of each even-numbered year, by electing

14

one of their number as president and one of their number as

15

vice-president, who shall hold [such] the offices at the

16

pleasure of the council. If the first Monday is a legal holiday,

17

the meeting and organization shall take place the first day

18

following. Any action taken by any borough council at any time

19

between 12:01 o'clock ante meridian on January 1 of an even-

20

numbered year and the organization of council in that year shall

21

be subject to reconsideration by the new council at any time

22

within ten days after [such] organization. The council may at

23

the organization meeting [elect such] appoint other officers as

24

may be provided for by law or ordinance, or as may be deemed

25

necessary for the conduct of affairs of the borough and may

26

transact [such] any other business as may come before the

27

meeting. The president, and during the president's absence or

28

incapacity the vice-president, shall preside over the meetings

29

of council and perform [such] other duties as are prescribed by

30

this act or by ordinance.

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1

(b)  A majority of the membership of council then in office

2

shall constitute a quorum. Except as provided in subsection (c),

3

only council members physically present at a meeting place

4

within the borough shall be counted in establishing a quorum.

5

(c)  Council may provide for the participation of council

6

members in meetings of council by means of telecommunication

7

devices, such as telephones or computer terminals, which permit,

8

at a minimum, audio communication between locations, provided

9

that:

10

(1)  A majority of the membership of council then in office

11

is physically present at the advertised meeting place within the

12

borough and a quorum is established at the convening or

13

reconvening of the meeting. If after the convening or

14

reconvening of a meeting a member has been disqualified from

15

voting as a matter of law, but is still physically present,

16

council members participating by telecommunication device in

17

accordance with this section shall be counted to maintain a

18

quorum.

19

(2)  The telecommunication device used permits the member or

20

members of council not physically present at the meeting to:

21

(i)  speak to and hear the comments and votes, if any, of the

22

members of council who are physically present as well as other

23

members of council who may not be physically present and who are

24

also using a telecommunication device to participate in the

25

meeting; and

26

(ii)  speak to and hear the comments of the public who are

27

physically present at the meeting.

28

(3)  The telecommunication device used permits the members of

29

council and the members of the public who are physically present

30

at the meeting to speak to and hear the comments and the vote,

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1

if any, of the member or members of council who are not

2

physically present at the meeting.

3

(4)  Council may only authorize participation by

4

telecommunication device for one or more of the following

5

reasons for physical absence:

6

(i)  illness or disability of the member of council;

7

(ii)  care for the ill or newborn in the member's immediate

8

family;

9

(iii)  emergency; and

10

(iv)  family or business travel.

11

(5)  Nothing in this subsection shall be construed to limit

12

the protections and prohibitions contained in any law or

13

regulation relating to the rights of the disabled.

14

(d)  A member of the council shall not be disqualified from

15

voting on any issue before the council solely because the member

16

has previously expressed an opinion on the issue in either an

17

official or unofficial capacity.

18

(e)  Members of council may receive compensation to be fixed

19

by ordinance [at any time and from time to time] as follows:

20

(1)  In boroughs with a population of less than five

21

thousand, a maximum of eighteen hundred seventy-five dollars

22

($1875) a year[; in].

23

(2)  In boroughs with a population of five thousand or more

24

but less than ten thousand, a maximum of two thousand five

25

hundred dollars ($2500) a year[; in].

26

(3)  In boroughs with a population of ten thousand or more

27

but less than fifteen thousand, a maximum of three thousand two

28

hundred fifty dollars ($3250) a year[; in].

29

(4)  In boroughs with a population of fifteen thousand or

30

more but less than twenty-five thousand, a maximum of four

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1

thousand one hundred twenty-five dollars ($4125) a year[; in].

2

(5)  In boroughs with a population of twenty-five thousand or

3

more but less than thirty-five thousand, a maximum of four

4

thousand three hundred seventy-five dollars ($4375) a year[; and

5

in].

6

(6)  In boroughs with a population of thirty-five thousand or

7

more, a maximum of five thousand dollars ($5000) a year.

8

[Such] The salaries shall be payable monthly or quarterly for

9

the duties imposed by the provisions of this act. Benefits

10

provided to members of council under section [1202(37)] 1202(26) 

11

shall not be considered pay, salary or compensation, but payment

12

for all or a part of the premiums or charges for the benefits

13

shall be in accordance with section [1202(37).] 1202(26). Any

14

change in salary, compensation or emoluments of the elected

15

office shall become effective at the beginning of the next term

16

of the member of council.

17

(f)  The population shall be determined by the latest

18

available official census figures. In no case shall the

19

compensation for any member of council exceed that of the mayor

20

in any given borough[: Provided, however, That] but wherever the

21

mayor's compensation exceeds that authorized by this section for

22

members of council, the president of council may receive

23

compensation not to exceed that of the office of mayor.

24

Section 68.  Sections 1002, 1003 and 1004 of the act, amended

25

June 25, 2001 (P.L.651, No.56), are amended to read:

26

Section 1002.  Oath of Members of Council.--Before entering

27

upon the duties of their office, the members of council shall

28

take and subscribe an oath or affirmation [to support the

29

Constitution of the United States and of the Commonwealth of

30

Pennsylvania and to perform the duties of their office with

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1

fidelity, together with such loyalty oath as is prescribed and

2

required by law] of office under 53 Pa.C.S. § 1141 (relating to

3

form of oaths of office). The oath or affirmation may be taken

4

before any judge or [justice of the peace] magisterial district

5

judge of the county, a notary public or before the mayor of the

6

borough when [he] the person has qualified, and shall be filed

7

with the borough secretary and be preserved among the records of

8

the borough for a period of six years.

9

Section 1003.  When the Mayor May Preside Over Council and

10

Vote; Attendance of Mayor at Council Meetings; Breaking Tie

11

Votes.--The mayor shall preside over the organization of the

12

council, until it is organized as provided in section 1001, and

13

[he] shall be deemed a member of council at the organization

14

meeting if [his] the mayor's membership becomes necessary to

15

constitute a quorum[, but he]. The mayor, however, shall not

16

vote [thereat] at the meeting unless [his] the mayor's vote

17

shall, for any reason [whatsoever], be required to effect the

18

organization of council, or to elect any officer who is required

19

to be or may be elected at the organization meeting. In case of

20

the absence of the mayor at the organization meeting, one of the

21

members of council[,] physically present at the meeting and 

22

chosen by the members [present] eligible to vote at the meeting,

23

shall preside.

24

The mayor may attend any or all regular and special meetings

25

of council and may take part in the discussions of the council

26

on matters pertaining to borough affairs, subject to any

27

restrictions applicable to members of council contained in the

28

rules of order or bylaws of the council. In all cases where, by

29

reason of a tie or split vote, the council of any borough shall

30

be unable to enact or pass any ordinance, resolution, or motion,

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1

or to declare any vacancy pursuant to section 903 or fill any

2

other vacancy in its membership, or in any other borough office,

3

or to take any action on any matter lawfully brought before it,

4

the mayor, if in attendance at the meeting, may at [his] the

5

mayor's option cast the deciding vote, or [request] shall direct 

6

that the matter be tabled until a special meeting of council to

7

be held within not less than five days or more than ten days at

8

which time the matter shall be reconsidered by council and, if a

9

tie or split vote still exists, it shall be the duty of the

10

mayor at that time to cast the deciding vote. If [such] a tie or

11

split vote shall occur at any meeting when the mayor is not in

12

attendance the matter shall be tabled to a special meeting to be

13

held within not less than five days or more than ten days as set

14

by the president of council, and the mayor shall be given at

15

least five days' notice of [such] the meeting, at which meeting

16

it shall be the duty of the mayor to cast the tie-breaking vote.

17

Section 1004.  Failure of Council to Organize.--If the

18

council of any borough shall fail to organize within ten days

19

from the time prescribed in this article, the court of common

20

pleas, upon the petition of at least ten registered electors of

21

the borough verified by the affidavit of one of the petitioners,

22

shall issue a rule upon the delinquent members of council to

23

show cause why their seats should not be declared vacant. The

24

rule shall be returnable not less than five days from the time

25

of its issue and, after hearing, the court may declare the seats

26

of [such] the members of council, as are responsible for [such] 

27

the failure to organize, vacant[,] and shall [thereupon] then 

28

appoint others in their stead, who shall hold office for the

29

respective unexpired terms.

30

Section 69.  Section 1005 of the act, repealed in part July

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1

12, 1972 (P.L.781, No.185) and amended November 2, 1979

2

(P.L.458, No.94) and June 25, 2001 (P.L.651, No.56), is amended

3

to read:

4

Section 1005.  Powers of Council.--The council of the borough

5

shall have power:

6

(1)  To create, by motion, ordinance or resolution, and

7

appoint a treasurer, a secretary, a solicitor, an engineer, a

8

street commissioner and [such] other officers as it deems

9

necessary. The treasurer and the secretary shall not be members

10

of council. A bank or bank and trust company may be appointed as

11

treasurer. All officers and employes appointed by the council,

12

with the exception of those who under the provisions of this, or

13

any other act are under civil service or have a definite term of

14

office, shall serve for an indefinite term at the pleasure of

15

the council.

16

(2)  To mitigate or remit fines and forfeitures in reasonable

17

cases.

18

(3)  By resolution, to make temporary loans on the credit of

19

the borough in anticipation of taxes to be collected, and to

20

issue certificates of indebtedness [therefor. All such]. The 

21

loans shall be repaid from the first moneys available from taxes

22

in anticipation of which the [same] loans were made.

23

(4)  To appoint and revoke the appointment of one or more

24

depositories for borough funds and to fix and approve security

25

to be furnished by [any such] the depository. [Such] The 

26

security may be bonds with corporate or individual securities to

27

be approved by council, or collateral security consisting of

28

obligations of the United States or the Commonwealth of

29

Pennsylvania, or any political subdivision thereof, deposited

30

with the borough or with any bank or trust company within the

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1

Commonwealth of a market value of one hundred twenty percent of

2

the amount of the deposit to be secured. Any deposit of

3

collateral shall be under proper agreement and be accompanied by

4

proper assignment or power of attorney for the transfer of the

5

collateral. The borough treasurer shall deposit all borough

6

funds in any depository so designated, and when so deposited,

7

the borough treasurer shall be released and discharged from

8

further liability on account of [such] the deposit. [Nothing

9

herein contained] This paragraph shall not be construed to

10

require a depository to furnish bond or collateral security to

11

cover the amount of any deposit to the extent that the same is

12

insured with the Federal Deposit Insurance Corporation.

13

(5)  To secure [such] indemnity bonds or policies of

14

insurance as it may deem necessary to protect the borough from

15

loss by reason of fire, flood, windstorm, burglary, larceny,

16

negligence or dishonesty, insolvency of a depository, or

17

otherwise, and to pay for [such] the protection the usual or

18

customary costs.

19

(6)  [To (i) make] With respect to investments, to:

20

(i)  make investment of borough sinking funds as authorized

21

by [the act of July 12, 1972 (P.L.781, No.185), known as the

22

"Local Government Unit Debt Act"; (ii)] 53 Pa.C.S. Pt. VII

23

Subpt. B (relating to indebtedness and borrowing);

24

(ii)  make investment of moneys in the General Fund and in

25

special funds of the borough other than the sinking funds as

26

authorized by Article XIII of this act; and [(iii) liquidate any

27

such]

28

(iii)  liquidate any investment, in whole or in part, by

29

disposing of securities or withdrawing funds on deposit. Any

30

action taken to make or to liquidate any investment shall be

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1

made by the officers designated by action of the borough

2

council.

3

(7)  To provide by ordinance passed by a two-thirds vote of

4

the entire number of members of council elected, for the

5

appointment of an independent auditor who shall be a certified

6

public accountant, registered in Pennsylvania, a firm of

7

certified public accountants so registered or a competent public

8

accountant or a competent firm of public accountants. Where

9

[such] an ordinance has been [so] adopted, an independent

10

auditor shall be appointed, annually, by resolution before the

11

close of a fiscal year, to make an independent examination of

12

the accounting records of the borough for [such] the fiscal year

13

and [such] the independent auditor shall also perform the other

14

duties and exercise the powers as conferred upon [him by

15

subdivision (k) of article XI of this act] the independent

16

auditor under subdivision (c). When an independent auditor is

17

appointed as [herein] provided in this paragraph, the office of

18

elected borough auditor or controller, as the case may be, is

19

thereby abolished although the borough auditors, or controller,

20

then in office shall continue to hold their office during the

21

term for which elected and the borough auditors or controller

22

shall not audit, settle, or adjust the accounts audited by

23

[such] the independent auditor but shall perform the other

24

duties of their office.

25

Whenever any borough has provided by ordinance for the audit

26

of its accounts by an appointed auditor, the borough shall have

27

the right at any time to repeal [said] the ordinance, and

28

[thereupon] then the office of appointed auditor shall be

29

abolished, as of the date set in [such] the ordinance and [said] 

30

the borough shall have the further right at the next municipal

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1

election following the repeal of [said] the ordinance to elect

2

three auditors, one for a term of two years, one for a term of

3

four years, and one for a term of six years, from the first

4

Monday of January succeeding [such] the election, which auditors

5

so elected shall succeed the appointed auditor and shall have

6

and possess all the powers and perform all the duties provided

7

in this act for elected auditors. If at any time after the

8

effective date of any [such] ordinance abolishing the office of

9

appointed auditor, there shall be a vacancy in the office of

10

elected auditor, council shall fill [such] vacancies in the

11

manner prescribed in section 901 [of this act].

12

(8)  To make, authorize and ratify expenditures for lawful

13

purposes from funds available therefor or from funds borrowed

14

within legal limits.

15

(9)  To pay authorized expenses incurred by elected and

16

appointed borough officers in connection with their duties or

17

other borough business.

18

Section 70.  Section 1006 of the act, amended April 12, 1976

19

(P.L.93, No.39) and December 12, 1980 (P.L.1194, No. 220), is

20

amended to read:

21

Section 1006.  Duties of Council.--It shall be the duty of

22

the borough council:

23

(1)  To organize, pursuant to section 1001, in even-numbered

24

years.

25

(2)  To meet statedly at least once a month. Council may

26

adjourn to a stated time for general business or for special

27

businesses. If no quorum is present at a regular, special or

28

[adjourned] reconvened meeting, a majority of those who do meet

29

may agree upon another date for like business [and may continue

30

to so agree until the meeting is held] in a manner consistent

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1

with 65 Pa.C.S. Ch. 7 (relating to open meetings). Special

2

meetings may be called by the president of council or upon

3

written request of at least one-third of the members [thereof] 

4

of council. Members shall have at least twenty-four hours'

5

notice of [such] the special meetings. The notice shall state

6

whether it is for general or special purposes, and, if it is for

7

special purposes, the notice shall contain a general statement

8

of the nature of the business to be transacted. Presence at a

9

meeting constitutes waiver of notice. Council may adopt rules

10

relating to the calling and holding of special meetings, which

11

rules shall supersede the provisions of this section, provided

12

that such rules comply with the provisions of 65 Pa.C.S. Ch. 7.

13

[(2)] (3)  To make and preserve records of its proceedings.

14

[(3)  To enact, revise, repeal and amend such bylaws, rules,

15

regulations, ordinances and resolutions, not inconsistent with

16

the laws of the Commonwealth, as it shall deem beneficial to the

17

borough and to provide for the enforcement of the same. The

18

legislative powers of boroughs including capital expenditures

19

not payable out of current funds, shall be exercised by or be

20

based on an ordinance. All other powers shall be exercised by

21

vote of the majority of council present at a meeting, unless

22

otherwise provided.]

23

(4)  To enact, revise, repeal and amend ordinances and

24

resolutions pursuant to Article XXXIII, and bylaws, rules and

25

regulations, not inconsistent with the laws of this Commonwealth

26

as it deems beneficial to the borough and to provide for the

27

enforcement of the same. Unless otherwise provided, all powers

28

shall be exercised by vote of the majority of council eligible

29

to vote at a meeting. Routine, ministerial or administrative

30

purchases and powers may be made and exercised by officers or

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1

committees, if authority [therefor] for the action was

2

previously given, or if the action is subsequently ratified by

3

council. Whenever any action by the council shall result in a

4

specific written contract or agreement, [such] the contract or

5

agreement shall be signed by the president of the borough

6

council.

7

[(4)  Except where otherwise in this act provided, to publish

8

every proposed ordinance or resolution of a legislative

9

character once in one newspaper of general circulation in the

10

borough not more than sixty days nor less than seven days prior

11

to passage. Publication of any proposed ordinance shall include

12

either the full text thereof or the title and a brief summary

13

prepared by the borough solicitor setting forth all the

14

provisions in reasonable detail and a reference to a place

15

within the borough where copies of the proposed ordinance may be

16

examined. If the full text is not included a copy thereof shall

17

be supplied to a newspaper of general circulation in the borough

18

at the time the public notice is published. If the full text is

19

not included an attested copy thereof shall be filed in the

20

county law library or other county office designated by the

21

county commissioners who may impose a fee no greater than that

22

necessary to cover the actual costs of storing said ordinances.

23

In the event substantial amendments are made in the proposed

24

ordinance or resolution, before voting upon enactment, council

25

shall within ten days readvertise in one newspaper of general

26

circulation in the borough, a brief summary setting forth all

27

the provisions in reasonable detail together with a summary of

28

the amendments.]

29

(5)  To cause notices to be served, as required by law or

30

ordinance, in a manner council may by motion or other action

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1

decide.

2

(6)  To fix the compensation of all of the borough officers,

3

appointees and employes.

4

(7)  To fix the amount of security to be given by the

5

treasurer, and of [such] other officers, appointees and employes

6

as it may designate.

7

Section 71.  Section 1007 of the act, amended July 11, 1996

8

(P.L.549, No.97), is repealed:

9

[Section 1007.  Passage, Approval and Veto of Ordinances.--

10

(a)  Every ordinance and every resolution of legislative

11

character except as herein otherwise provided, passed by the

12

council, shall be presented to the mayor for his approval. If

13

the mayor approves, he shall sign it; but, if he shall not so

14

approve, he shall return it with his objections to the council

15

at its next regular meeting occurring at least ten days after

16

the meeting at which such ordinance was passed by the council,

17

when the objections shall be entered upon the minutes and the

18

council shall proceed to a reconsideration thereof either at the

19

meeting at which the vetoed ordinance was returned or at any

20

other regular, special or adjourned meeting held not later than

21

ten days thereafter. If, after such reconsideration, two-thirds

22

of all the members elected to said council, or a majority of

23

council plus one, when the number composing such council is less

24

than nine, shall vote to pass such ordinance or resolution, it

25

shall become of as full force and effect as if it had received

26

the approval of the mayor; but in such case the vote shall be

27

determined by yeas and nays, and the names and votes of the

28

members shall be entered on the minutes. If any such ordinance

29

or resolution shall not be returned by the mayor at the regular

30

meeting of the council occurring at least ten days next

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1

succeeding its presentation to him, it shall likewise have as

2

full force as if it had been approved.

3

(b)  The enactment of an ordinance except as herein otherwise

4

provided shall be the date when the mayor shall approve it or

5

the date of passage by the council over the veto of the mayor,

6

or in the case of any ordinance not returned by the mayor at the

7

regular meeting of council, occurring at least ten days after

8

the meeting at which such ordinance was passed by the council,

9

the date of enactment shall be the date of such succeeding

10

regular meeting of council.

11

(c)  When council shall present the mayor with the annual tax

12

ordinance referred to in section 1310 of this act, the mayor

13

shall within ten days of receiving the tax ordinance approve the

14

tax ordinance by affixing his signature thereto or return the

15

tax ordinance to the borough secretary with a statement setting

16

forth his objections thereto. Council shall proceed to a

17

reconsideration thereof at any regular, special or adjourned

18

meeting held not later than ten days after the mayor has

19

returned the tax ordinance to the secretary with his objections.

20

The mayor's objections shall be entered upon the minutes of the

21

meeting. A veto of the tax ordinance of the borough may be

22

overridden by a vote of two-thirds of all the members of

23

council, and thereafter such ordinance shall have full force and

24

effect as if it had received the approval of the mayor.]

25

Section 72.  Section 1008 of the act, amended October 9, 1967

26

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

27

[Section 1008.  Recording, Advertising and Proof Of

28

Ordinances; Codification of Ordinances.--(a)  No ordinance, or

29

resolution of a legislative character, in the nature of an

30

ordinance, shall be considered in force until the same is

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1

recorded in the ordinance book of the borough and has been

2

advertised as provided in this article. All ordinances, or

3

resolutions of a legislative character in the nature of an

4

ordinance, may be proved by the certificate of the borough

5

secretary, under the corporate seal, and, when printed or

6

published in book or pamphlet form and purporting to be

7

published by the authority of the borough, shall be read and

8

received as evidence in all courts and places without further

9

proof. All borough ordinances shall, within one month after

10

their enactment, be recorded by the borough secretary in a book

11

provided for that purpose, which shall be at all times open to

12

the inspection of citizens. The entry of the borough ordinance

13

in the ordinance book by the secretary shall be sufficient,

14

without the signature thereto of the president of council, mayor

15

or other person.

16

Any and all borough ordinances or portions thereof, the text

17

of which, prior to the effective date of this act, shall have

18

been attached to the ordinance book, shall be considered in

19

force just as if the ordinances or portions thereof had been

20

recorded directly upon the pages of such ordinance book:

21

Provided, That all other requirements of this act applicable to

22

the enactment, approval, advertising and recording of such

23

ordinances or portions thereof were complied with within the

24

time limits prescribed by this act.

25

(b)  Whenever any borough shall have caused to be prepared a

26

consolidation, codification or revision of the general body of

27

borough ordinances, or the ordinances on a particular subject,

28

the borough council may adopt such consolidation, codification

29

or revision as an ordinance of the borough, in the same manner

30

that is now prescribed by law for the adoption of borough

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1

ordinances, except as hereinafter provided.

2

Any such consolidation, codification or revision of borough

3

ordinances to be enacted as a single ordinance shall be

4

introduced in the borough council at least thirty days before

5

its final enactment, and at least fifteen days before its final

6

enactment, notice of the introduction of any consolidation,

7

codification or revision, specifying its general nature and

8

listing its table of contents, shall be given by advertisement

9

in a newspaper of general circulation in said borough.

10

When any such consolidation, codification or revision has

11

been enacted as an ordinance, it shall not be necessary to

12

advertise the entire text thereof, but it shall be sufficient in

13

any such case, to publish a notice stating that such

14

consolidation, codification or revision, notice of the

15

introduction of which had previously been given, was finally

16

enacted.

17

The procedure set forth in this section for the

18

consolidation, codification or revision of borough ordinances as

19

a single ordinance may also be followed in enacting a complete

20

group or body of ordinances, repealing or amending existing

21

ordinances as may be necessary, in the course of preparing a

22

consolidation, codification or revision of the borough

23

ordinances, except that in such case the advertisement giving

24

notice of the introduction shall list, in lieu of a table of

25

contents, the titles only of each of the ordinances in such

26

complete group or body of ordinances, and the notice following

27

enactment shall simply state that such group or body of

28

ordinances was passed finally.]

29

Section 73.  Section 1009 of the act, amended May 1, 1984

30

(P.L.223, No.47), is amended to read:

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1

Section 1009.  Typewritten, Printed, [Photostated and] 

2

Photocopied, Microfilmed and Electronically or Digitally Stored 

3

Records Valid; Recording or Transcribing Records.--(a)  All

4

borough records, required to be recorded or transcribed, shall

5

be deemed valid if typewritten, printed, [photostated or] 

6

photocopied, microfilmed [and where] or electronically or

7

digitally stored or retained by any other process that

8

accurately reproduces the original and forms a durable medium

9

for recording, storing and reproducing in accordance with the

10

act of May 9, 1949 (P.L.908, No.250), entitled "An act relating

11

to public records of political subdivisions other than cities

12

and counties of the first class; authorizing the recording and

13

copying of documents, plats, papers and instruments of writing

14

by digital, photostatic, photographic, microfilm or other

15

process, and the admissibility thereof and enlargements thereof

16

in evidence; providing for the storage of duplicates and sale of

17

microfilm and digital copies of official records and for the

18

destruction of other records deemed valueless; and providing for

19

the services of the Pennsylvania Historical and Museum

20

Commission to political subdivisions."

21

(b)  Where recording or transcribing in a specified book of

22

record is required, including minutes of the proceedings of the

23

council, [such] the records [may] shall be recorded or

24

transcribed as follows:

25

(1)  in a mechanical post binder book capable of being

26

permanently sealed with consecutively numbered pages with a

27

security code printed thereon and a permanent locking device

28

with the borough seal being impressed upon each page[,]; or

29

(2)  in a bound book with pages being consecutively numbered

30

by transcribing directly upon the pages of [such] the book of

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1

record or [such] by permanently attaching the records or copies

2

[thereof may be attached] to [such] the book of record [by

3

stapling or by glue or by any other adhesive substance or

4

material, and all records heretofore recorded or transcribed in

5

any manner authorized by this section are validated. When any

6

record shall be recorded or transcribed after the effective date

7

of this act by attaching such record or a copy thereof to the

8

book of record as hereinabove provided,] with the borough seal

9

[shall be] being impressed upon each page to which [such] the 

10

record is attached, with each impression [thereof] covering both

11

a portion of the attached record and a portion of the page of

12

the book of record to which [such] the record is attached.

13

(c)  All records previously recorded or transcribed in any

14

manner authorized by this act at the time the records were

15

recorded or transcribed are validated.

16

Section 74.  Section 1010 of the act, repealed in part April

17

28, 1978 (P.L.202, No.53), is repealed:

18

[Section 1010.  Appeals from Ordinances.--Complaint as to the

19

legality of any ordinance or resolution may be made to the

20

court. In cases of ordinances laying out streets over private

21

lands, the court shall have jurisdiction to review the propriety

22

as well as the legality of the ordinance.]

23

Section 75.  Sections 1011, 1012 and 1013 of the act are

24

repealed:

25

[Section 1011.  Lost Ordinance Books to be Replaced;

26

Recording Ordinances.--Whenever any ordinance book or books are

27

lost, destroyed, or become unserviceable, the borough council

28

may provide by ordinance for a new ordinance book or books into

29

which shall be recorded by the secretary all of the ordinances

30

contained in such lost, destroyed or unserviceable ordinance

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1

book or books. The secretary, in recording such ordinances,

2

shall make complete copies thereof, including the date of

3

enactment and approval and the names of the officers who signed

4

the same, and, after notice given, as hereinafter provided, and

5

corrections made, shall certify each ordinance as a correct copy

6

of the original.

7

Section 1012.  Ordinance Providing for Recording; Notice.--

8

The ordinance providing for the recording of such ordinances

9

shall be recorded in such book, immediately following the

10

ordinances so recorded and it shall provide that the secretary

11

of the borough, upon the completion of such recording, shall

12

publish once, in one newspaper of general circulation in the

13

borough, a notice stating that ordinances of the borough

14

contained in lost, destroyed, or unserviceable ordinance book or

15

books, and that the old books and records of borough ordinances

16

and the new ordinance book are open to public inspection for the

17

purpose of verification and correction for a period of thirty

18

days from the date of the notice.

19

Section 1013.  Certificate of Secretary.--The secretary of

20

the borough, at the expiration of such notice, shall make all

21

corrections, and shall then certify that all of the ordinances

22

have been compared with the originals and that they are correct

23

copies thereof. After the ordinances are recorded, notice

24

thereof given, and the certificate of correction made, the

25

ordinances so recorded shall take the place of the original

26

record and shall be the valid and legal ordinances of the

27

borough for the period covered by such new ordinance book.]

28

Section 76.  Sections 1014, 1015 and 1016 of the act are

29

amended to read:

30

Section 1014.  Hearings Before Council; Witnesses.--Borough

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1

councils may compel the attendance of witnesses and the

2

production of books, papers, or other evidence, at any meeting

3

of the council, or any committee [thereof, and,] of the council

4

and for that purpose may issue subpoenas, signed by the

5

president of council or the [chairman] chair of the committee,

6

[and cause the same to] which shall be served in any part of

7

this Commonwealth. If any witness shall refuse to testify to any

8

fact within [his] the witness's knowledge, or to produce any

9

books or papers in [his] the witness's possession or control,

10

required to be used as evidence in any [such] case, the

11

[secretary of the council] borough solicitor shall report the

12

facts relating to [such] the refusal to the court of common

13

pleas. If the court determines the evidence required of [such] 

14

the witness to be legal and competent, it shall order [such] the 

15

witness to testify or produce the evidence required.

16

Section 1015.  Witness Fees and Mileage.--No person residing

17

[without] outside the borough and subpoenaed [as aforesaid,] 

18

under section 1014 shall be required to respond to the [same] 

19

subpoena until mileage to and from the borough[,] at the rate

20

[of ten cents (10¢) a mile,] established by the borough council

21

under the act of July 20, 1979 (P.L.156, No.51), referred to as

22

the Uniform Mileage Fee Law, and witness fees as required by law

23

relating to witnesses, have been [furnished] paid.

24

Section 1016.  Examination of Witnesses; Penalty.--Any person

25

called as a witness, as provided in this article, may be

26

examined under oath, administered by the president of council or

27

[chairman] chair of the committee and, for the giving of false

28

testimony, shall be liable [to indictment and punishment] for

29

prosecution under applicable laws for perjury.

30

Section 77.  Article X subdivision (b) heading and sections

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1

1021, 1022, 1023 and 1024 of the act are repealed:

2

[(b)  Mayor

3

Section 1021.  Eligibility of Mayor.--No mayor shall hold any

4

other borough office or appointment during the term for which he

5

is elected, except as is permitted by section 1104 of this act.

6

He shall be eligible to succeed himself. He shall not be a

7

member of the council, nor shall he preside over or vote at any

8

meeting of the council, except as provided in section 1003 of

9

this act.

10

Section 1022.  Incompatible Offices.--No member of Congress

11

or any person holding any office or appointment of profit or

12

trust under the Government of the United States, or any person

13

holding the office of justice of the peace shall at the same

14

time be capable of holding the office of mayor.

15

Section 1023.  Oath of Mayor.--The mayor, before exercising

16

the duties of his office, shall take and subscribe an oath or

17

affirmation, to support the Constitution of the United States

18

and of the Commonwealth of Pennsylvania and to perform the

19

duties of his office with fidelity and also any loyalty oath

20

required by any other act. The oath or affirmation may be taken

21

before any judge or justice of the peace of the county, and

22

shall be filed with the borough secretary, and be preserved

23

among the records of the borough for a period of six years.

24

Section 1024.  Salary of Mayor; Fixed by Ordinance.--If the

25

mayor is to be paid by salary, such salary shall be fixed by

26

ordinance, to be paid from the borough treasury in quarterly,

27

monthly or semi-monthly installments on warrants authorized by

28

the council. The salary or compensation of a mayor shall not be

29

increased or decreased oftener than once in two years.]

30

Section 78.  Section 1025 of the act, amended March 22, 2002

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1

(P.L.207, No.17), is repealed:

2

[Section 1025.  Salary of Mayor Limited.--The salary of the

3

mayor shall be established by ordinance and shall not exceed, in

4

boroughs with a population of less than five thousand, a maximum

5

of two thousand five hundred dollars ($2500) a year; in boroughs

6

with a population of five thousand or more but less than ten

7

thousand, a maximum of five thousand dollars ($5000) a year; in

8

boroughs with a population of ten thousand or more but less than

9

fifteen thousand, a maximum of seven thousand five hundred

10

dollars ($7500) a year. In any borough with a population in

11

excess of fifteen thousand, the salary of the mayor shall not

12

exceed five hundred dollars ($500) per annum per thousand

13

population or fraction thereof, the population to be determined

14

by the latest official census figures. Such salaries shall be

15

payable monthly or quarterly for the duties imposed by the

16

provisions of this act. Benefits provided to the mayor under

17

section 1202(37) shall not be considered pay, salary or

18

compensation, but payment for all or a part of the premiums or

19

charges for the benefits shall be in accordance with section

20

1202(37).]

21

Section 79.  Section 1026 of the act is repealed:

22

[Section 1026.  Salaried Mayor Not to Receive Fees.--Any

23

salary paid pursuant to an ordinance shall be in lieu of all

24

costs and fees allowed a mayor. Costs and fees shall be taxed

25

and collected by the mayor and turned into the borough treasury.

26

Any mayor, upon assuming office for any elective or appointive

27

term and at any time no sooner than two years thereafter, shall

28

be authorized to elect to be paid by the fees and costs

29

pertaining to his office or by the salary fixed by ordinance for

30

his office, and such mayor shall thereupon receive as his

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1

compensation either the fees and costs, or the fixed salary, as

2

elected by him.]

3

Section 80.  Section 1028 of the act, amended November 29,

4

2004 (P.L.1337, No.170), is repealed:

5

[Section 1028.  General Powers of Mayor.--(a)  The mayor

6

shall have power:

7

(1)  To administer oaths and affirmations in matters

8

pertaining to borough affairs.

9

(b)  In addition to the power granted to mayors by Part V of

10

Title 35 of the Pennsylvania Consolidated Statutes (relating to

11

emergency management services) and in order to enable him

12

effectually to preserve the public peace within the borough, all

13

the powers which are devolved by the laws of this Commonwealth

14

upon sheriffs, to prevent and suppress mobs, riots and unlawful

15

and tumultuous assemblies, are hereby conferred upon the mayor.

16

In the event that a state of emergency exists, a mayor shall

17

have the authority to request aid and assistance from law

18

enforcement officers and agencies from a neighboring

19

municipality. In response to a request of a mayor made in

20

accordance with this subsection, a municipal police officer

21

shall, within the borough from which the request was made, have

22

the power and authority to enforce the laws of this Commonwealth

23

or otherwise perform the functions of that office as if

24

enforcing those laws or performing those functions within the

25

territorial limits of his or her primary jurisdiction, subject

26

to the limitations and conditions set forth in 42 Pa.C.S. §

27

8953(b) through (e) (relating to Statewide municipal police

28

jurisdiction). When the mayor considers that a state of

29

emergency exists, he may issue his proclamation, which shall be

30

in writing and the contents of which shall be made available to

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1

all news media, declaring a state of emergency for a period not

2

to exceed seven days, unless sooner rescinded, modified or

3

ratified or extended by resolution of council. In his

4

proclamation he may prohibit, for all or any part of the

5

borough:

6

(1)  Any person being on the public streets or in the public

7

parks or at any other public place during the hours declared by

8

him to be a period of curfew.

9

(2)  The entry or departure of persons into or from any

10

restricted area.

11

(3)  The sale, purchase or dispensing of any commodities or

12

goods, as designated by him.

13

(4)  The transportation, possession or use of gasoline,

14

kerosene or other combustible, flammable or explosive liquids or

15

materials, except in connection with the normal operation of

16

motor vehicles, normal home use or legitimate commercial use.

17

(5)  Any other such activities as he reasonably believes

18

should be prohibited to help preserve life, health, property or

19

the public peace.

20

The proclamation shall describe any restrictive area with

21

particularity and shall specify the hours during such

22

restrictions are to be in effect.

23

Any person violating such proclamation of emergency shall be

24

guilty of a summary offense and shall, upon conviction, be

25

sentenced to pay a fine not to exceed three hundred dollars

26

($300) and costs or to undergo imprisonment not to exceed thirty

27

days.]

28

Section 81.  Section 1029 of the act, amended May 9, 1980

29

(P.L.120, No.47) and December 12, 1980 (P.L.1194, No.220), is

30

repealed:

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1

[Section 1029.  Duties of Mayor.--It shall be the duty of the

2

mayor:

3

(1)  To preserve order in the borough, to enforce the

4

ordinances and regulations, to remove nuisances, to exact a

5

faithful performance of the duties of the officers appointed,

6

and to perform such other duties as shall be vested in his

7

office by law or ordinance.

8

(2)  Except as provided in section 1006(3), to sign such

9

papers, contracts, obligations and documents as may be required

10

by law.

11

(3)  To keep correct accounts of all moneys received by him,

12

to render to the council at least once a month an itemized

13

statement of all such moneys so received since the last such

14

statement, with the date at which and the purpose for which and

15

the names of the persons from whom the same was received, and to

16

pay all such moneys into the borough treasury, to report to the

17

council from time to time on the state of the borough and to

18

make recommendations to the council on matters of borough

19

concern. The borough shall furnish the mayor with such books and

20

forms as are necessary for the conduct of his office. Such books

21

and forms shall be and remain the property of the borough and

22

shall be surrendered to his successor in office.]

23

Section 82.  Section 1030 of the act, amended June 25, 2001

24

(P.L.651, No.56), is repealed:

25

[Section 1030.  When President or Vice-President of Council

26

to Act as Mayor.--Whenever the mayor is absent or incapacitated,

27

or there is a vacancy in the office, the duties of the office

28

shall be discharged by the president of council, or in the

29

absence or incapacity of the president of council, or where

30

there is a vacancy in the office, by the vice-president of

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1

council. While discharging the duties of mayor, the president or

2

vice-president of council shall be entitled to the same salary

3

as the mayor would receive, and, during the time such salary is

4

paid to the president or vice-president of council as acting

5

mayor, the mayor shall not be paid compensation. The president

6

or vice-president of council, when acting as mayor, shall have

7

power to veto any proposed ordinance or to break a tie, but

8

shall not have power to vote as a member of council.]

9

Section 83.  Article X subdivision (c) heading of the act is

10

reenacted to read:

11

(c)  Auditors

12

Section 84.  Section 1041 of the act, amended February 10,

13

1976 (P.L.9, No.6), is amended to read:

14

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

15

Uniform Forms].--(a)  The auditors of the borough shall meet on

16

the first Tuesday of January of each year, and shall organize by

17

the election of a [chairman] chair and a secretary. If the first

18

Tuesday is a legal holiday, the meeting and organization shall

19

take place the first day following. Two auditors shall

20

constitute a quorum.

21

(b)  The auditors shall audit, adjust, and settle the

22

accounts of the tax collectors, the [justice of the peace,] 

23

magisterial district judge and all officers of the borough, and

24

may also audit, adjust and settle the accounts of any person,

25

corporation, association, organization, committee or commission

26

receiving or expending borough funds[; and shall prepare a

27

report thereof, which shall contain an audit of the accounts of

28

the last fiscal year, and shall also show a complete statement

29

of the financial condition of the borough, giving in detail the

30

actual indebtedness, the amount of the funded debt, the amount

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1

of the floating debt, the valuation of taxable property therein,

2

the assets of the borough with the character and value thereof,

3

and the date of maturity of the respective forms of funded debt

4

thereof. Such report shall be prepared within ninety days after

5

the close of the fiscal year].

6

[(c)  The amount of any balance or shortage, or of any

7

expenditure of a kind, or made in a manner, prohibited or not

8

authorized by statute, which causes a financial loss to the

9

borough, shall be a surcharge against any officer against whom

10

such balance or shortage shall appear, or who by vote, act, or

11

neglect, has permitted or approved such expenditure, but no

12

elected or appointed official of a borough shall be surcharged

13

for any act, error or omission in excess of the actual financial

14

loss sustained by the borough, and any surcharge shall take into

15

consideration as its basis the results of such act, error or

16

omission and the results had the procedure been strictly

17

according to law. The provisions hereof limiting the amount of

18

any surcharge shall not apply to cases involving fraud or

19

collusion on the part of officers, nor to any penalty enuring to

20

the benefit or payable to the Commonwealth.

21

(d)  After such report has been prepared and executed by the

22

auditors, it shall be the duty of the auditors to file a copy of

23

the report with the secretary of the borough, with the clerk of

24

the court of common pleas of the county, with the Pennsylvania

25

Department of Transportation and with the Department of

26

Community Affairs. Such reports shall be filed by the auditors

27

of the borough not later than ninety days after the close of the

28

fiscal year. Any auditor refusing or wilfully neglecting to file

29

such report shall, upon conviction in a summary proceeding, be

30

sentenced to pay a fine of five dollars ($5) for each day's

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1

delay beyond the last day for filing such report and costs, but

2

the total fine which may be imposed and collected for any such

3

offense shall not exceed two hundred dollars ($200). If the

4

failure to file such report within the period specified is due

5

to the failure of the auditors to prepare the statement upon

6

which said report is to be based, said fine shall be imposed

7

upon all of the auditors.

8

(e)  In any matter involving any financial transaction, any

9

official knowingly and wilfully acting contrary to law, shall be

10

guilty of a misdemeanor, and on conviction thereof, may be

11

sentenced to pay a fine not exceeding one hundred dollars

12

($100), and his office may be forthwith declared vacant as may

13

seem meet and just to the court passing sentence.

14

(f)  The uniform form for the annual auditors' report and the

15

annual financial statement, hereinafter required to be made,

16

shall be prepared by a committee as provided in article XIII of

17

this act.

18

(g)  The auditors shall also audit and report to the borough

19

council, upon the accounts of every officer of the borough, upon

20

the death, resignation, removal or expiration of the term of

21

such officer.] The auditors shall also audit and report to the

22

borough council, upon the accounts of every officer of the

23

borough, upon the death, resignation, removal or expiration of

24

the term of the officer. Unless otherwise agreed to by the

25

auditors and the person being audited, the audit shall be

26

conducted at the place the records of the person are normally

27

kept.

28

(b.1)  All orders, vouchers and certificates of indebtedness

29

which have been paid shall, on their presentation to the

30

auditors, be canceled by writing or stamping the word "audited"

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1

on the face thereof.

2

Section 85.  Section 1042 of the act is repealed:

3

[Section 1042.  Orders and Vouchers to be Marked "Audited".--

4

All orders, vouchers and certificates of indebtedness, which

5

have been paid, shall, on their presentation to the auditors, be

6

cancelled by writing or stamping the word "audited" on the face

7

thereof.]

8

Section 86.  Section 1043 of the act, amended December 17,

9

1986 (P.L.1691, No.201), is repealed:

10

[Section 1043.  Completion of Auditors' Report; Publication

11

of Financial Statement.--The auditors shall complete such audit,

12

adjustment and settlement, as soon as possible. The auditors

13

shall within ten days thereafter publish, by advertisement in at

14

least one newspaper of general circulation in the borough, a

15

concise financial statement setting forth the balance in the

16

treasury at the beginning of the fiscal year, all revenues

17

received during the fiscal year by major classifications, all

18

expenditures made during the fiscal year by major functions, and

19

the current resources and liabilities of the borough at the end

20

of the fiscal year, the gross liability and net debt of the

21

borough, the amount of the assessed valuation of the borough,

22

the assets of the borough with the character and value thereof,

23

the date of the last maturity of the respective forms of funded

24

debt, and the assets in each sinking fund.]

25

Section 87.  Sections 1044, 1045, 1047, 1048 and 1049 of the

26

act are repealed:

27

[Section 1044.  Appeals from Audit.--It shall be lawful for

28

the borough, or any taxpayer thereof, on its behalf, or any

29

officer whose account is settled or audited, to appeal from the

30

settlement or audit, as shown in the auditors' report, to the

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1

court of common pleas of the county, not later than forty days

2

from the date of filing of the auditors' report with the clerk

3

of the court of quarter sessions.

4

Section 1045.  Taxpayers Appealing to Enter Bond.--No appeal

5

by a taxpayer or officer shall be allowed, unless, at the time

6

of taking such appeal, the appellant shall enter into bond in

7

the sum of one thousand dollars ($1000) with sufficient surety,

8

to prosecute the same with effect and to pay all costs accruing

9

thereon, in case, if the appellant is a taxpayer, he shall fail

10

to obtain a final decision more favorable to the borough than

11

that awarded by the auditors, or, in case, if the appellant is

12

an accounting officer, he shall fail to obtain a final decision

13

more favorable to the officer than that awarded by the auditors.

14

Unless such bond is filed as hereinbefore provided, the court of

15

common pleas, upon application, shall set aside the appeal.

16

Section 1047.  Procedure on Appeals.--Any person interested

17

may order the appeal upon the argument list, and evidence may be

18

taken before any person authorized to administer oaths, upon

19

rule for that purpose served upon the opposite party. In any

20

proceeding upon an appeal from a report of auditors, the

21

accounts of the office or officers, or the person, corporation,

22

association, organization, committee or commission in question

23

may be investigated de novo, and the burden shall be upon each

24

officer, person, corporation, association, organization,

25

committee or commission, whose accounts are involved in the

26

appeal, of establishing his right to credits claimed by him or

27

it, but the opposing party in such appeal may use any facts,

28

figures, or findings of the report of audit as prima facie

29

evidence against any officer or other entity.

30

When more than one appeal from a report of such auditors

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1

shall have been taken, whether by the borough or an officer or

2

officers thereof, or by a taxpayer, or any or all of them, the

3

court shall, on its own motion, or upon motion of any party

4

interested, direct the several appeals to be disposed of in a

5

single proceeding.

6

Section 1048.  Framed Issues.--Whenever any matter of fact is

7

in dispute, the court of common pleas is authorized to frame an

8

issue for the trial thereof.

9

Section 1049.  Findings of Fact and Law; Judgment.--After

10

hearing, the court shall file its findings of fact and law and

11

enter judgment in accordance therewith, and the judgment so

12

entered may be enforced, by any appropriate proceedings, by the

13

party prevailing.]

14

Section 88.  Section 1050 of the act, repealed in part June

15

3, 1971 (P.L.118, No.6), is repealed:

16

[Section 1050.  Exceptions and Appeals.--Exceptions to the

17

ruling of the court, shall be permitted as in other cases.]

18

Section 89.  Sections 1051 and 1052 of the act are repealed:

19

[Section 1051.  Balances Due to be Entered as Judgments.--Any

20

balance, in any report of the auditors, against any officer of

21

the borough, shall constitute a surcharge against such officer,

22

as fully as if expressly stated in said report to be a

23

surcharge, and the amount of any balance, and of any express

24

surcharge, shall, if no appeal is taken, or after an appeal has

25

been finally determined, be entered by the prothonotary as a

26

judgment, against such officer and in favor of the borough. The

27

clerk of the court of quarter sessions shall certify the amount

28

of every balance or surcharge, contained in any such report,

29

from which no appeal has been taken within time herein provided,

30

to the court of common pleas, for entry thereof by the

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1

prothonotary as a judgment. Any taxpayer of the borough may

2

enforce the collection thereof, for the benefit of the borough,

3

by action or execution, upon filing in the court of common pleas

4

a bond, in the sum of one thousand dollars ($1000) with one or

5

more sureties, conditioned to indemnify the borough from all

6

costs which may accrue in the proceedings undertaken by such

7

taxpayer, subject, however, to all rights of appeal from the

8

report of auditors granted by this act. If any person or persons

9

have been, or shall be, surcharged for an illegal purchase, and

10

no fraud or collusion is shown and the surcharge is paid to the

11

borough, then the article purchased shall become the property of

12

the person or persons surcharged.

13

Section 1052.  Attorney to Auditors.--The borough auditors

14

may employ an attorney whenever the same is deemed advisable by

15

a majority of the auditors.

16

The compensation of such attorney shall be fixed by the

17

auditors, and shall not exceed the sum payable to one auditor

18

for the making of the annual audit, unless a larger compensation

19

shall be allowed by council, or shall be specially allowed by a

20

court in connection with any proceeding before such court, and

21

shall be payable by the borough out of the general fund of the

22

borough.]

23

Section 90.  Section 1053 of the act, amended June 25, 2001

24

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

25

Section 1053.  Compensation of Auditors.--(a)  Subject to the

26

limitations set forth in subsection (b), each auditor shall

27

receive [no less than five dollars ($5) nor more than] ten

28

dollars ($10)[, as council may determine,] per hour for each

29

hour or portion thereof necessarily employed in the discharge of

30

his duties, to be paid by the borough.

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1

(b)  No auditor in a borough having a population of ten

2

thousand or less shall be entitled to receive more than one

3

thousand dollars ($1,000) for completing the annual audit,

4

settlement and adjustment. No auditor in a borough having a

5

population in excess of ten thousand shall be entitled to

6

receive more than two thousand dollars ($2,000) for completing

7

the annual audit, settlement and adjustment.

8

(c)  Each auditor shall be reimbursed for travel costs

9

incurred in the performance of the auditing duties at the rate

10

established by the borough council under the act of July 20,

11

1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee

12

Law, and for other actual expenses, including postage, notary

13

fees or publication costs, necessarily incurred during the

14

audit.

15

Section 91.  Section 1054 of the act is repealed:

16

[Section 1054.  Penalty for Failure to Comply with Law.--In

17

case of any neglect or refusal to comply with the provisions of

18

the preceding sections of this article, any auditor so

19

neglecting or refusing shall upon conviction thereof in a

20

summary proceeding, be sentenced to pay a fine of not more than

21

one hundred dollars ($100), and in default of the payment of the

22

fine and costs, shall be imprisoned for not more than ten days.]

23

Section 92.  Section 1055 of the act is amended to read:

24

Section 1055.  [Auditors May Compel Attendance of

25

Witnesses.--The] Subpoenas; Oath; Perjury.--(a)  A majority of

26

the auditors of any borough[, or a majority of them,] shall have

27

the power to issue subpoenas to obtain the attendance of the

28

[officers] persons whose accounts they are required to adjust,

29

their executors, and administrators, and of any persons whom it

30

may be necessary to examine as witnesses, and to compel their

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1

attendance, and may also compel the production of all documents,

2

including books, vouchers and papers relative to borough

3

accounts. If any person shall refuse or neglect to appear [or],

4

to produce documents or to testify, the auditors shall petition

5

the court of common pleas of the county to issue a subpoena to

6

[such] the person and to require [him] the person to produce

7

documents or to appear and to testify before the court. The

8

court shall issue [such] the subpoena if it deems the documents

9

or testimony relevant to the issue.

10

(b)  The auditors of any borough shall have power to

11

administer oaths and affirmations to all persons brought or

12

appearing before them, whether accountants, witnesses, or

13

otherwise. Persons guilty of swearing or affirming falsely on

14

the examination shall be guilty of perjury.

15

Section 93.  Sections 1056 and 1057 of the act are repealed:

16

[Section 1056.  Auditors May Administer Oaths; Penalty.--The

17

auditors of any borough, or a majority of them, shall have power

18

to administer oaths and affirmations to all persons brought or

19

appearing before them, whether accountants, witnesses, or

20

otherwise; and all persons guilty of swearing or affirming

21

falsely on such examination shall be liable to indictment and

22

punishment for perjury.

23

Section 1057.  Persons Refusing to Testify to be Committed.--

24

If any person, appearing before such auditors for examination,

25

shall refuse to take such oath or affirmation, or, after having

26

been sworn or affirmed, shall refuse to make answer to such

27

questions as shall be put to him by the auditors touching the

28

accounts or the official conduct of such person or any

29

corporation, association, organization, committee or commission

30

with which such person shall be connected, then the auditors may

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1

petition the court to issue its subpoena as hereinbefore

2

provided.]

3

Section 94.  Sections 1058 and 1059 of the act are amended to

4

read:

5

Section 1058.  Pay of Witnesses.--Witnesses, other than

6

officers of the borough, attending before the auditors, and

7

persons or officers serving subpoenas, shall be paid, out of the

8

borough treasury upon authorization signed by a majority of the

9

auditors and orders drawn on the borough treasury, the same fees

10

as are payable for rendering similar services in civil

11

proceedings before a [justice of the peace and the amount

12

thereof] magisterial district judge. The amount paid shall be

13

made a part of the charge against any officer who shall be

14

charged by the auditors with any balance[: Provided, That any

15

such], provided that the costs shall have been incurred in

16

establishing [said] the balance. [Upon collection of any such

17

costs from any officer, they] The costs collected from any

18

officer shall be repaid into the borough treasury.

19

Section 1059.  Auditors to Settle Accounts Where Witnesses Do

20

Not Appear.--If any person in possession of [books, vouchers, or

21

papers,] documents relative to public accounts before auditors,

22

shall refuse to produce the same, or, if any officer whose

23

accounts are to be settled and adjusted by [such] the auditors

24

shall refuse to attend or submit to examination as is

25

[hereinbefore] directed by this subdivision, the auditors or a

26

majority of them may proceed, by the examination of witnesses

27

and other evidence, to ascertain and settle as near as may be,

28

the amount of public money received by [such] the officer and

29

its application to public purposes or otherwise.

30

Section 95.  The act is amended by adding sections to read:

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1

Section 1059.1.  Completion, Filing and Publication of

2

Auditor's Report and Financial Statement.--(a)  The auditors

3

shall complete the annual audit, adjustment and settlement as

4

soon as possible after the end of the fiscal year. The auditors

5

shall, within ten days after completing the annual audit,

6

publish once in at least one newspaper of general circulation a

7

concise financial statement setting forth:

8

(1)  the balance in the treasury at the beginning of the

9

fiscal year;

10

(2)  all revenue received during the fiscal year by major

11

classifications;

12

(3)  all expenditures made during the fiscal year by major

13

functions and the current resources and liabilities of the

14

borough at the end of the fiscal year;

15

(4)  the gross liability and net debt of the borough;

16

(5)  the amount of assessed valuation of the borough;

17

(6)  the assets of the borough with their character and

18

value;

19

(7)  the date of the last maturity of the respective forms of

20

funded debt; and

21

(8)  the assets in each sinking fund.

22

(b)  The auditors shall prepare a report which shall contain

23

an audit of the accounts of the last fiscal year and shall also

24

show a complete statement of the financial condition of the

25

borough, giving in detail the following:

26

(1)  the actual indebtedness;

27

(2)  the amount of funded debt;

28

(3)  the amount of floating debt;

29

(4)  the valuation of taxable property in the borough;

30

(5)  the assets of the borough with their character and

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1

value; and

2

(6)  the date of maturity of the respective forms of funded

3

debt of the borough.

4

The reports shall be prepared no later than ninety days after

5

the close of the fiscal year. It shall be the duty of the

6

secretary of the auditors to file a copy of the report with the

7

secretary of the borough, with the clerk of the court of common

8

pleas of the county or the prothonotary under local rules of

9

court, with the Department of Transportation and with the

10

Department of Community and Economic Development no later than

11

ninety days after the close of the fiscal year. Any secretary of

12

the auditors refusing or willfully neglecting to file the report

13

shall be guilty of a summary offense. If the failure to file the

14

report within the period specified is due to the failure of any

15

or all of the auditors to prepare the statement upon which the

16

report is to be based, the auditor or auditors shall be guilty

17

of a summary offense.

18

(c)  The secretary of the auditors shall serve, by registered

19

or certified mail, notice to every elected or appointed official

20

against whom a balance or shortage appears in the report

21

required under subsection (b). The notice shall be served prior

22

to the filing of the report and shall indicate the amount of the

23

balance or shortage and a brief description of how the balance

24

or shortage was derived. The notice shall also indicate that the

25

balance or shortage is deemed a surcharge pursuant to section

26

1059.3 and shall apprise the officer served of the right to

27

appeal pursuant to section 1059.4. Service of notice is complete

28

when the notice is properly addressed, postage prepaid and

29

mailed. Failure to receive the notice required by this

30

subsection shall not constitute grounds for relief from any

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1

judgment entered pursuant to this article.

2

(d)  The annual auditors report and the annual financial

3

statement shall be presented on a uniform form prepared by a

4

committee as provided in Article XIII.

5

Section 1059.2.  Attorney to Auditors.--The borough auditors

6

may employ an attorney whenever deemed advisable by a majority

7

of the auditors. The auditors, with the agreement of borough

8

council, shall determine the compensation to be paid to the

9

attorney. If the auditors and borough council cannot agree on

10

the compensation, upon petition of the auditors, the court of

11

common pleas shall establish the compensation for the attorney

12

employed by the auditors. The compensation for the attorney

13

shall be paid out of the borough general fund.

14

Section 1059.3.  Surcharge by Auditors.--(a)  The amount of

15

any balance or shortage or of any expenditure of a kind, or made

16

in a manner prohibited or not authorized by statute which causes

17

a financial loss to the borough, shall be a surcharge against

18

any officer against whom the balance or shortage shall appear,

19

or who by vote, act or neglect has permitted or approved the

20

expenditure. No elected or appointed official of a borough may

21

be surcharged for any act, error or omission in excess of the

22

actual financial loss sustained by the borough, and any

23

surcharge shall take into consideration as its basis the results

24

of the act, error or omission and the results had the procedure

25

been strictly in accordance with law. The provisions limiting

26

the amount of any surcharge shall not apply to cases involving

27

fraud or collusion on the part of officers, nor to any penalty

28

enuring to the benefit of or payable to the Commonwealth.

29

Notwithstanding this section, the procedures in the act of May

30

25, 1945 (P.L.1050, No.394), known as the "Local Tax Collection

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1

Law," shall apply to balances and shortages in the tax accounts

2

of the tax collector.

3

(b)  In any matter involving a financial transaction, any

4

official knowingly and willfully acting contrary to law shall be

5

guilty of a misdemeanor, and upon conviction, may be sentenced

6

to pay a fine not exceeding one hundred dollars ($100).

7

Section 1059.4.  Appeals from Audit.--It shall be lawful for

8

the borough, or any taxpayer of the borough, on its behalf, or

9

any person whose account is settled or audited, to appeal from

10

the settlement or audit, as shown in the auditors report, to the

11

court of common pleas of the county, not later than forty days

12

from the date of the filing of the auditor's report with the

13

clerk of common pleas.

14

Section 1059.5.  Taxpayers Appealing to Enter Bond.--No

15

appeal by a taxpayer or officer may be allowed, unless within

16

the time of taking the appeal, the appellant shall secure a bond

17

in the sum of one thousand dollars ($1,000) with sufficient

18

surety, to prosecute the appeal and to pay all costs of appeal,

19

in case, if the appellant is a taxpayer, the appellant fails to

20

obtain a final decision more favorable to the borough than that

21

awarded by the auditors, or, in case, if the appellant is an

22

accounting officer, the appellant fails to obtain a final

23

decision more favorable to the officer than that awarded by the

24

auditors. Unless the bond is filed as provided in this section,

25

the court of common pleas, upon application, shall set aside the

26

appeal.

27

Section 1059.6.  Procedure on Appeals.--(a)  In any

28

proceeding upon an appeal from a report of the auditors, the

29

accounts of the office or officers, or the person, corporation,

30

association, organization, committee or commission in question

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1

may be investigated de novo, and the burden shall be upon each

2

officer, person, corporation, association, organization,

3

committee or commission whose accounts are involved in the

4

appeal of establishing the person's right to credits claimed by

5

the person, but the opposing party in the appeal may use any

6

facts, figures or findings of the report of the auditors as

7

prima facie evidence against any officer or other entity.

8

(b)  When more than one appeal from a report of the auditors

9

shall have been taken, the court shall, on its own motion or

10

upon motion of any interested party, direct the several appeals

11

to be disposed of in a single proceeding.

12

Section 1059.7.  Findings of Fact and Law; Judgment;

13

Appeals.--After the hearing, the court shall file its findings

14

of fact and law and enter judgment accordingly, and the judgment

15

so entered may be enforced by the prevailing party by any

16

appropriate proceeding. Appeals from the court's ruling may be

17

taken in accordance with law.

18

Section 1059.8.  Attorney Fees.--(a)  Upon final

19

determination of an appeal taken under section 1059.4 from any

20

report, audit or settlement of the account of any borough

21

officer, attorney fees shall be awarded as follows:

22

(1)  If in the opinion of the court the final determination

23

is more favorable to the borough officer involved than that

24

awarded by the auditors, the borough shall pay reasonable

25

attorney fees or, under subsection (c) paragraph (3), a portion

<--

26

of reasonable attorney fees incurred by the officer in

27

connection with the surcharge proceeding.

28

(2)  In the case of an appeal taken by the borough or a

29

taxpayer, if in the opinion of the court the final determination

30

is more favorable to the borough than that awarded by the

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1

auditors, the borough officer who is the subject of the

2

surcharge proceeding shall pay reasonable attorney fees or,

3

under subsection (c) paragraph (3), a portion of reasonable

<--

4

attorney fees incurred by the borough, elector or taxpayer in

5

connection with the surcharge proceeding.

6

(3)  If in the opinion of the court the final determination

7

is in part more favorable to the borough and in part more

8

favorable to the borough officer involved in the surcharge

9

proceeding than that awarded by the auditors, the court may

10

order the borough to pay a portion of reasonable attorney fees

11

incurred by the officer in connection with the surcharge

12

proceeding or it may order the borough officer who is the

13

subject of the surcharge proceeding to pay a portion of

14

reasonable attorney fees incurred by the borough or taxpayer in

15

connection with the surcharge proceeding.

16

(b)  The counsel fees in case of appeals involving accounts

17

other than those of borough officers shall be allocated in the

18

court's discretion.

19

Section 1059.9.  Balances Due to be Entered as Judgments.--A

20

balance in a report of the auditors against an officer of the

21

borough shall constitute a surcharge against the officer as

22

fully as if expressly stated in the report to be a surcharge.

23

The amount of a balance and of any express surcharge shall, if

24

no appeal is taken, or after an appeal has been finally

25

determined in favor of the borough, be entered by the

26

prothonotary as a judgment against the officer. The clerk of the

27

court of common pleas shall certify the amount of every balance

28

or surcharge contained in a report from which no appeal has been

29

taken within the time provided under this article to the court

30

of common pleas for entry by the prothonotary as a judgment. Any

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1

taxpayer of the borough may enforce the collection of the

2

balance or surcharge for the benefit of the borough, by action

3

or execution, upon filing in the court of common pleas a bond,

4

in the sum of one thousand dollars ($1,000) with one or more

5

sureties, conditioned to indemnify the borough from all costs of

6

the proceedings undertaken by the taxpayer, subject, however, to

7

all rights of appeal from the report of auditors granted by this

8

act. If a person has been or shall be surcharged for an illegal

9

purchase, and no fraud or collusion is shown and the surcharge

10

is paid to the borough, then the article purchased shall become

11

the property of the person surcharged.

12

Section 1059.10.  Penalty for Failure to Comply with Law.--

13

(a)  An auditor neglecting or refusing to comply with the

14

provisions of this article shall be guilty of a summary offense.

15

(b)  An auditor who is financially interested, directly or

16

indirectly, in a borough transaction commits a summary offense.

17

Section 1059.11.  General Powers and Duties of Independent

18

Auditor.--(a)  When an independent auditor is appointed pursuant

19

to section 1005(7), the independent auditor shall have the same

20

powers and duties and be subject to the same penalties as the

21

auditors under this article. The independent auditor shall

22

annually examine, audit and settle all accounts in which the

23

borough is concerned. The audit shall consist of an examination

24

in accordance with generally accepted auditing standards and

25

shall include tests of the accounting records and other auditing

26

procedures as the independent auditor considers necessary in the

27

circumstances. The independent auditor shall make and publish

28

the annual financial report in the same form and manner and at

29

the same time as in this act required of the auditors of the

30

borough.

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1

(b)  The independent auditor shall audit the accounting

2

records of the borough for the fiscal year and shall prepare a

3

report on the examination which shall be subject to appeal in

4

the same manner as reports of the auditors under this article.

5

The report shall set forth:

6

(1)  The scope of the examination.

7

(2)  The independent auditor's opinion of the fairness of the

8

presentation of the financial statement of the borough, which

9

shall show a complete statement of the financial condition of

10

the borough, giving in detail the actual indebtedness, the

11

amount of funded debt, the amount of floating debt, the

12

valuation of the taxable property in the borough, the assets of

13

the borough with their character and value and the date of the

14

maturity of the respective forms of funded debt of the borough.

15

(3)  The amount of any balance or shortage or any expenditure

16

of any kind or made in a manner prohibited or not authorized by

17

a statute which came to the independent auditor's attention

18

during the course of the examination and which, in the

19

independent auditor's opinion, causes a financial loss to the

20

borough as provided in section 1059.3, shall be a surcharge

21

against an officer against whom the balance or shortage shall

22

appear, subject to appeal, entry as judgment, certification and

23

enforcement as provided in this article.

24

(c)  The independent auditor may employ an attorney subject

25

to the provisions of section 1059.8, except that the employment

26

shall be with the consent of borough council.

27

(d)  Sections 1055, 1058 and 1059, relating to witnesses,

28

shall apply to proceedings initiated by independent auditors.

29

(e)  The compensation of the independent auditor shall be

30

determined by council and paid by borough funds.

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1

Section 96.  Article X subdivision (d) heading of the act is

2

reenacted to read:

3

(d) Controller

4

Section 97.  Sections 1061, 1062 and 1063 of the act are

5

amended to read:

6

Section 1061.  Oath and Bond of Controller.--The borough

7

controller shall, before entering upon the duties of [his] 

8

office, take the required oath or affirmation [to support the

9

Constitution of the United States and of the Commonwealth of

10

Pennsylvania and to perform the duties of his office with

11

fidelity and any loyalty oath required by any other act. He] of

12

office under 53 Pa.C.S. § 1141 (relating to form of oaths of

13

office). The controller shall give bond to the borough with a

14

surety company to be approved by the council, in [such] a sum as

15

[it] council may direct by ordinance [direct], conditioned for

16

the faithful discharge of [his] the controller's duties. The

17

amount of [said] the bond shall be sufficient to adequately

18

protect the borough from any illegal or unfaithful action by the

19

controller. The cost of [such] the bond shall be paid by the

20

borough.

21

Section 1062.  Salary of Controller.--The borough council

22

shall fix the annual salary of the controller[, and may not

23

increase or decrease such salary oftener than once in two

24

years]. Any change in salary, compensation or emoluments of the

25

elected office shall become effective at the beginning of the

26

next term of the controller.

27

Section 1063.  General Powers and Duties of Controller.--The

28

borough controller, shall [superintend] manage the fiscal

29

affairs of the borough. [He] The controller shall examine,

30

audit, and settle all accounts [whatsoever] in which the borough

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1

is concerned either as debtor or creditor, where provision for

2

the settlement [thereof] is made by law[; and, where no such].

3

Where no provision or an insufficient provision has been made,

4

[he] the controller shall examine [such] the accounts and report

5

to the borough council the relevant facts [relating thereto with

6

his] and opinion [thereon] on the accounts.

7

In the examination, audit, and settlement of accounts, the

8

controller shall have all of the powers and perform all of the

9

duties vested in and imposed on the auditors by this act. [He] A

10

person guilty of swearing or affirming falsely before the

11

controller shall be guilty of perjury. The controller shall make

12

and file an annual report of [his] the audit, and make and

13

publish the annual financial report in the same form and manner

14

and at the same time as in this act required of the auditors of

15

the borough.

16

The borough controller shall have supervision and control of

17

the accounts of all departments, bureaus, and officers of the

18

borough, authorized to collect, receive, or disburse the public

19

moneys, or who are charged with the management or custody

20

[thereof. He] of the accounts. The controller shall audit their

21

respective accounts, and may at any time require from any of

22

them a statement in writing of any moneys or property of the

23

borough in their possession, or under their control, showing the

24

amount of cash on hand and the amount deposited in banks and

25

banking institutions together with the names of [such] the 

26

institutions. [He] The controller shall have power to examine

27

every [such] account of a borough officer in any bank or banking

28

institution to verify the accuracy of the statement of [such] 

29

the borough, department, bureau or officer and it shall be the

30

duty of every [such] department, bureau or officer, and [it

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1

shall be the duty] of every [such] bank and banking institution,

2

its officers and agents, to furnish full information to the

3

controller in relation to [such] the account. No banker or

4

banking institution, its officers or agents, shall be subject to

5

prosecution under other laws of this Commonwealth for disclosing

6

[any such] information with respect to [any such] an account.

7

[He] The controller shall, immediately upon the discovery of any

8

default, irregularity, or delinquency, report the same to the

9

borough council. [He] The controller shall also audit and report

10

upon the accounts of [any such] an officer upon the death,

11

resignation, removal, or expiration of the term of the [said] 

12

officer.

13

Section 98.  Section 1064 of the act is repealed:

14

[Section 1064.  Controller May Require Attendance of

15

Witnesses; Penalty.--In the making of any audit or settlement,

16

and in the authentication of any account or claim or demand

17

against the borough, the controller shall have the same power

18

and authority to obtain the attendance before him of parties and

19

witnesses, and the production of books and papers, and to

20

administer oaths and affirmations, as are given by law to the

21

borough auditors. All persons guilty of swearing or affirming

22

falsely before him shall be liable to indictment and punishment

23

for perjury.]

24

Section 99.  Sections 1065, 1066, 1067 and 1068 of the act

25

are amended to read:

26

Section 1065.  Controller to Countersign Warrants.--The

27

borough controller shall countersign all warrants upon the

28

borough treasurer, with the form [thereof] of the warrant to be

29

prescribed by council, but no warrant shall be countersigned

30

unless there is money in the treasury to pay the same. Whenever

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1

a warrant on the treasurer shall be presented to the controller

2

to be countersigned, the person presenting the same shall, if

3

the controller requires, produce evidence:

4

(1)  That the amount expressed in the warrant is due to the

5

person in whose favor it is drawn.

6

(2)  That the supplies or service, for payment of which the

7

warrant is drawn, have been furnished or performed according to

8

law and the terms of the contract.

9

Section 1066.  Controller to Prevent Appropriation

10

Overdrafts.--The borough controller shall not permit any

11

appropriation made by the council to be overdrawn. Whenever an

12

appropriation is exhausted, the object of which is not complete,

13

[he] the controller shall immediately report the fact to the

14

council, and accompany [such] the report with a statement of the

15

moneys which have been drawn on [such] the appropriation and the

16

particular purpose for which they are drawn.

17

Section 1067.  Amount of Contracts to be Charged Against

18

Appropriations.--[Every] A contract involving appropriation of

19

money shall designate the item of appropriation on which it is

20

founded, and the estimated amount of the expenditure

21

[thereunder] shall be charged against [such] the item, and [so] 

22

certified by the borough controller on the contract, before it

23

shall take effect as a contract, and the payment required by

24

[such] the contract shall be made from the fund appropriated

25

[therefor]. If the controller shall certify [any] a contract in

26

excess of the appropriation made [therefor], the borough shall

27

not be liable for [such] the excess, but the controller and

28

[his] the controller's sureties shall be liable for the same,

29

which may be recovered in an action at law by the aggrieved

30

contracting party [aggrieved]. It shall be the duty of the

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1

controller to certify contracts for the payment of which

2

sufficient appropriations have been made.

3

Section 1068.  Controller's Recommendations on Borough

4

Finances.--The borough controller shall, as often as [he] the

5

controller may deem expedient or the council shall direct,

6

suggest plans to the council for the management and improvement

7

of the borough finances.

8

Section 100.  Sections 1069 and 1070 of the act are reenacted

9

to read:

10

Section 1069.  Books to be Kept by Controller.--The borough

11

controller shall keep a regular set of books, in which shall be

12

opened and kept as many accounts, under appropriate titles, as

13

may be necessary to show separately and distinctly all the

14

estates and property, whatsoever, real and personal, vested in

15

the borough, all trusts in the care of the same, all debts due

16

and owing the borough, all receipts and expenditures of the

17

various departments of the borough government, and all

18

appropriations made by council and the sums under the same,

19

respectively.

20

Section 1070.  Appeals from Controller's Report.--Appeals may

21

be taken from the settlement and audit of the controller as

22

shown in the controller's report to the court of common pleas of

23

the county, by the same persons, in the same manner, within the

24

same time, subject to the same conditions and procedure, and

25

with like effect in every respect, as in this act provided in

26

the cases of appeals from the settlement and audit of the

27

auditors as shown in their report.

28

Section 101.  Section 1071 of the act is amended to read:

29

Section 1071.  Acceptance by Ordinance.--The foregoing

30

provisions of subdivision (d) [of this article] shall not become

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1

operative or effective in any borough not having a controller,

2

until the borough shall, by ordinance, accept the provisions of

3

subdivision (d) [of this article]. When any borough accepts the

4

provisions of subdivision (d) [of this article], the court of

5

[quarter sessions] common pleas, upon petition of council, shall

6

appoint a controller to hold office until the first Monday of

7

January, next succeeding the next municipal election at which a

8

controller [may] shall be elected under the provisions of this

9

act.

10

In all boroughs accepting the provisions of subdivision (d)

11

[of this article], the borough auditors then in office, or the

12

appointed auditor serving as [such] borough auditor, shall

13

continue to hold their office until the first day of January

14

succeeding the election of a borough controller, after which

15

date the office of borough auditor shall be abolished.

16

A borough may discontinue the office of controller and either

17

reestablish the office of elected auditors, or the position of

18

appointed auditor, by repealing the ordinance under which the

19

office of controller was created. In any such case, the

20

controller in office at the time of [such] the repeal shall

21

continue in [such] office until the end of [his] the

22

controller's term.

23

Section 102.  Article X subdivision (e) heading and section

24

1081 of the act are repealed:

25

[(e)  Assessors

26

Section 1081.  Powers of Assessors.--The assessors shall have

27

all the powers, perform all the duties, be subject to all the

28

obligations, and receive the same compensation as is now

29

provided by law.]

30

Section 103.  Article X subdivision (f) heading of the act is

- 151 -

 


1

reenacted to read:

2

(f)  Tax Collector

3

Section 104.  Section 1086 of the act, amended October 9,

4

1967 (P.L.399, No.181), is amended to read:

5

Section 1086.  Powers and Duties of Tax Collector.--The tax

6

collector shall be the collector of all State, county, borough,

7

school, institution district and other taxes, levied within the

8

borough by the authorities empowered to levy taxes[, but he].

9

The tax collector shall not collect any tax levied and imposed

10

under the act of December 31, 1965 [(P.L.1257),] (P.L.1257,

11

No.511), known as "The Local Tax Enabling Act," unless the

12

ordinance imposing [such] the tax shall provide that [he] the

13

tax collector shall be the collector of the [said] tax. [He] No

14

ordinance, however, may authorize the collection of income taxes

15

in a manner other than that provided in Chapter 5 of "The Local

16

Tax Enabling Act." The tax collector shall, in addition to the

17

powers, authority, duties and responsibilities provided for by

18

this act, have all the powers, perform all the duties, and be

19

subject to all the obligations and responsibilities, for the

20

collection of [such] taxes, as are now vested in, conferred

21

upon, or imposed upon tax collectors by law.

22

Section 105.  The act is amended by adding an article to

23

read:

24

ARTICLE X-A

25

MAYOR

26

Section 1001-A.  Eligibility of mayor.

27

No mayor may hold any other borough office or appointment

28

during the term for which the mayor is elected, except as is

29

permitted under section 1104. The mayor shall be eligible to

30

succeed himself. The mayor shall not be a member of council, nor

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1

shall the mayor preside over or vote at any meeting of council,

2

except as provided in section 1003.

3

Section 1002-A.  Incompatible offices.

4

No member of Congress or any person holding any office or

5

appointment of profit or trust under the Government of the

6

United States, or any person holding the office of magisterial

7

district judge may at the same time be capable of holding the

8

office of mayor.

9

Section 1003-A.  Oath of mayor.

10

The mayor, before exercising the duties of office, shall take

11

and subscribe an oath or affirmation of office under 53 Pa.C.S.

12

§ 1141 (relating to form of oaths of office). The oath or

13

affirmation may be taken before a judge or magisterial district

14

judge of the county or a notary public and shall be filed with

15

the borough secretary and be preserved among the records of the

16

borough for a period of six years.

17

Section 1004-A.  Salary of mayor.

18

(a)  General rule.--The salary of the mayor shall be

19

established by ordinance and shall not exceed the following:

20

(1)  In boroughs with a population of less than 5,000, a

21

maximum of $2,500 a year.

22

(2)  In boroughs with a population of 5,000 or more but

23

less than 10,000, a maximum of $5,000 a year.

24

(3)  In boroughs with a population of 10,000 or more but

25

less than 15,000, a maximum of $7,500 a year.

26

(4)  In boroughs with a population in excess of 15,000, a

27

maximum of $500 per year per 1,000 population or fraction

28

thereof, the population to be determined by the latest

29

official census figures.

30

Benefits provided to the mayor under section 1202(26) shall

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1

not be considered pay, salary or compensation, but payment

2

for all or a part of the premiums or charges for the benefits

3

shall be in accordance with section 1202(26).

4

(b)  Change in salary.--A change in salary, compensation or

5

emoluments of the elected office shall become effective at the

6

beginning of the next term of the mayor.

7

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

8

(a)  General rule.--Except as provided in subsection (b), any

9

salary paid pursuant to an ordinance shall be in lieu of all

10

costs and fees allowed by a mayor. Costs and fees shall be

11

collected by the mayor and turned into the borough treasury.

12

(b)  Marriage ceremony fees.--Nothing in this act shall be

13

construed to prevent a mayor from receiving a monetary fee for

14

the performance of a marriage ceremony in this Commonwealth

15

provided the fee does not exceed $150 for each ceremony

16

performed. Prior to performing these ceremonies, the mayor shall

17

notify council in writing of the mayor's intention to perform

18

marriage ceremonies. The notification shall remain in effect for

19

the term of the mayor or until such time as the notification is

20

rescinded by the mayor. The mayor shall keep accurate accounts

21

of the fees received relating to the performance of marriage

22

ceremonies and provide council each quarter with a report of

23

moneys received for that period. The quarterly report shall

24

include the amount of money received, the names of persons from

25

whom money was received along with the date and the location of

26

the performed ceremony and shall be considered a public record.

27

The receipt of a fee under this subsection shall not be

28

considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics

29

standards and financial disclosure) and shall not be considered

30

compensation under this act.

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1

Section 1006-A.  General powers of mayor.

2

(a)  Oaths and affirmations.--The mayor shall have power to

3

administer oaths and affirmations in matters pertaining to

4

borough affairs.

5

(b)  Other powers.--In addition to the power granted to

6

mayors by 35 Pa.C.S. Pt. V (relating to emergency management

7

services) and in order to enable the mayor to effectually

8

preserve the public peace within the borough, the mayor shall

9

have the power to prevent and suppress mobs, riots and unlawful

10

and tumultuous assemblies. In the event that a state of

11

emergency exists, a mayor shall have the authority to request

12

aid and assistance from law enforcement officers and agencies

13

from a neighboring municipality. In response to a request of a

14

mayor made in accordance with this subsection, a municipal

15

police officer shall, within the borough from which the request

16

was made, have the power and authority to enforce the laws of

17

this Commonwealth or otherwise perform the functions of that

18

office as if enforcing those laws or performing those functions

19

within the territorial limits of his or her primary

20

jurisdiction, subject to the limitations and conditions set

21

forth in 42 Pa.C.S. § 8953(b), (c), (d) and (e) (relating to

22

Statewide municipal police jurisdiction). When the mayor

23

considers that a state of emergency exists, the mayor may issue

24

a proclamation, which shall be in writing and posted in one or

25

more conspicuous places and the contents of which shall be made

26

available to all news media, declaring a state of emergency for

27

a period not to exceed seven days, unless sooner rescinded,

28

modified or ratified or extended by resolution of council. The

29

mayor may prohibit in the proclamation, for all or part of the

30

borough:

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1

(1)  Any person being on the public streets or in the public

2

parks or at any other public place during the hours declared by

3

the mayor to be a period of curfew.

4

(2)  The entry or departure of persons into or from any

5

restricted area.

6

(3)  The sale, purchase or dispensing of any commodities or

7

goods, as designated by the mayor.

8

(4)  The transportation, possession or use of gasoline,

9

kerosene or other combustible, flammable or explosive liquids or

10

materials, except in connection with the normal operation of

11

motor vehicles, normal home use or legitimate commercial use.

12

(5)  Any other activities as the mayor reasonably believes

13

should be prohibited to help preserve life, health, property or

14

the public peace.

15

The proclamation shall describe the specific restricted area

16

with particularity and shall specify the hours when restrictions

17

are to be in effect.

18

A person violating the proclamation of emergency shall be guilty

19

of a summary offense and shall, upon conviction, be sentenced to

20

pay a fine not to exceed $300 and costs or to imprisonment not

21

to exceed 30 days.

22

Section 1007-A.  Duties of mayor.

23

It shall be the duty of the mayor:

24

(1)  To preserve order in the borough, to enforce the

25

ordinances and regulations, to remove nuisances, to exact a

26

faithful performance of the duties of the officers appointed

27

and to perform any other duties as shall be vested in the

28

mayor's office by law or ordinance.

29

(2)  Except as provided in section 1006(4), to sign

30

papers, contracts, obligations and documents as may be

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1

required by law.

2

(3)  To collect any costs and fees received and to pay

3

the money into the treasury, except as provided in section

4

1005-A(b), to report to the council from time to time on the

5

state of the borough and to make recommendations to the

6

council on matters of borough concern. The borough shall

7

furnish the mayor with the necessary dockets, books, forms

8

and files as are necessary for the conduct of the mayor's

9

office, and which shall be and remain the property of the

10

borough and shall be surrendered to the mayor's successor in

11

office.

12

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

13

act as mayor.

14

When the mayor is absent or incapacitated or there is a

15

vacancy in the office, the duties of the office shall be

16

discharged by the president of council, or in the absence or

17

incapacity of the president of council or where there is a

18

vacancy in the office, by the vice-president of council. While

19

discharging the duties of mayor, the president or vice-president

20

of council shall be entitled to the same salary as the mayor

21

would receive and, during the time the salary is paid to the

22

president or vice-president of council as acting mayor, the

23

mayor shall not be paid compensation. The president or vice-

24

president of council, while acting as mayor, shall have power to

25

veto a proposed ordinance or to break a tie, but shall not have

26

power to vote as a member of council.

27

Section 106.  Article XI and subdivision (a) headings of the

28

act are reenacted to read:

29

ARTICLE XI

30

POWERS, DUTIES AND RIGHTS OF APPOINTED

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1

OFFICERS AND EMPLOYES

2

(a)  General Provisions

3

Section 107.  Section 1101 of the act is amended to read:

4

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

5

Employment.--Appointed officers and employes of the borough

6

shall receive [such] compensation for their services as the

7

council shall prescribe, and council may also establish the

8

hours and days of work and may restrict the outside employment

9

of borough employes or any class or category thereof.

10

Section 108.  Section 1102 of the act is reenacted to read:

11

Section 1102.  Accounts.--All officers and employes appointed

12

by the borough council shall, whenever directed, render their

13

accounts to the council for settlement.

14

Section 109.  Section 1103 of the act, amended October 25,

15

1967 (P.L.484, No.230), is amended to read:

16

Section 1103.  Bonds.--Whenever an appointed officer or

17

employe of any borough, is required by law or by action of

18

council to give bond, for the faithful performance of his

19

duties, the borough may pay the premium [thereon] on the bond.

20

All bonds required to be given by borough officials or employes

21

shall be with a surety company authorized by law to act as

22

surety. The borough shall pay a proportionate share of the cost

23

of the bond of an appointed tax collector in the same ratio as

24

provided in section 804 for elected tax collectors.

25

Section 110.  Section 1104 of the act, amended June 25, 2001

<--

26

(P.L.651, No.56) November 22, 2011 (P.L.417, No.104), is amended

<--

27

to read:

28

Section 1104.  Appointments; Incompatible Offices.--(a)  

<--

29

Unless there is incompatibility in fact, any elective or

30

appointive officer of the borough shall be eligible to serve on

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1

any board, commission, bureau or other agency created by or for

2

the borough, or any borough office created or authorized by

3

statute and may accept appointments thereunder, but no mayor or

4

member of council shall receive compensation therefor.

5

[No] (b)  The following apply to employment:

6

(1)  Except as set forth in paragraph (2), no elected borough

7

official of a borough with a population of 3,000 or more may

8

serve as an employee of that borough.

9

(2)  This subsection shall not apply to a borough official

10

serving as an employe of that borough prior to the certification

11

of a decennial census which indicates an increase in the

12

population of that borough to 3,000 or more.  

13

(c)  Where there is no incompatibility in fact, and subject

14

to [the foregoing provisions] subsection (a) as to compensation,

15

appointees of council may hold two or more appointive borough

16

offices, but no mayor or member of council may serve as borough

17

manager or as secretary or treasurer.

18

(d)  No person holding the office of [justice of the peace] 

19

magisterial district judge may at the same time hold [the office

20

of borough treasurer] any elected or appointed borough office.

21

(e)  The offices of secretary and treasurer may be held by

22

the same person when [so] authorized by ordinance.

23

(f)  A police officer or firefighter may not hold an elective

24

office of the borough that employs the police officer or

25

firefighter. A police officer or firefighter who is employed by

26

a regional department, council of government or other

27

cooperative venture may not hold an elective office of any

28

municipality that participates in the regional department,

29

council of government or other cooperative venture.

30

(g)  Nothing [herein] contained in this section shall affect

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1

the eligibility of any borough official to hold any other public

2

office or receive compensation therefor.

3

(h)  All appointments to be made by the council [or the

4

corporate authorities] shall be made by a majority of the

5

members of council [attending the meeting at which the

6

appointment is made], unless a different vote is required by

7

statute.

8

Section 1104.  Appointments; Incompatible Offices.--(a) 

<--

9

Unless there is incompatibility in fact, any elective or

10

appointive officer of the borough shall be eligible to serve on

11

any board, commission, bureau or other agency created by or for

12

the borough, or any borough office created or authorized by

13

statute and may accept appointments thereunder, but no mayor or

14

member of council shall receive compensation therefor. 

15

(b)  The following apply to employment:

16

(1)  Except as set forth in paragraph (2), no elected borough

17

official of a borough with a population of 3,000 or more may

18

serve as an employe of that borough.

19

(2)  This subsection shall not apply to a borough official

20

serving as an employe of that borough prior to the certification

21

of [a] the 2010 census or a subsequent decennial census which

22

indicates an increase in the population of that borough to 3,000

23

or more.

24

(c)  Where there is no incompatibility in fact, and subject

25

to [the foregoing provisions] subsection (a) as to compensation,

26

appointees of council may hold two or more appointive borough

27

offices, but no mayor or member of council may serve as borough

28

manager or as secretary or treasurer.

29

(d)  No person holding the office of magisterial district

30

judge may at the same time hold [the office of borough

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1

treasurer] any elected or appointed borough officer.

2

(e)  The offices of secretary and treasurer may be held by

3

the same person when so authorized by ordinance.

4

(f)  A police officer or firefighter may not hold an elective

5

office of the borough that employs the police officer or

6

firefighter. A police officer or firefighter who is employed by

7

a regional department, council of government or other

8

cooperative venture may not hold an elective office of any

9

municipality that participates in the regional department,

10

council of government or other cooperative venture.

11

[(f)] (g)  Nothing [herein] contained in this section shall

12

affect the eligibility of any borough official to hold any other

13

public office or receive compensation therefor.

14

[(g)] (h)  All appointments to be made by the council [or the

15

corporate authorities] shall be made by a majority of the

16

members of council [attending the meeting at which the

17

appointment is made], unless a different vote is required by

18

statute.

19

Section 111.  Section 1105 of the act, amended December 16,

20

1992 (P.L.1215, No.158), is amended to read:

21

Section 1105.  Compensation to Aged Employes.--[By ordinance

22

a] A borough may provide, by ordinance, for compensation to

23

appointees and employes of not less than ten years of

24

satisfactory service, and who are not less than sixty years of

25

age, upon termination of active employment with the borough a

26

proportion of the compensation last paid to them but not in

27

excess of fifty percent thereof, including benefits received

28

under the social security act, if any, as fixed in [said] the 

29

ordinance or amendment thereto. Any arrangement to provide post-

30

retirement compensation to aged appointees and employes pursuant

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1

to this section shall be a pension plan within the meaning of

2

that term pursuant to the act of December 18, 1984 (P.L.1005,

3

No.205), known as the "Municipal Pension Plan Funding Standard

4

and Recovery Act," and the borough establishing that plan shall

5

provide funding of that pension plan in an amount sufficient to

6

meet the minimum obligation of the municipality with respect to

7

the pension plan pursuant to that act. The expenditures herein

8

authorized shall be paid out of the general tax levy for the

9

current expenditures of the year, and not by any special tax

10

therefor. Nothing [herein] in this section shall preclude any

11

appointee or employe of the borough from joining in any pension

12

system or municipal retirement system that the borough may

13

adopt. [The true intent and purpose hereof is to permit

14

boroughs, without exceeding the present general tax limitation,

15

to pay to servants in their employ who are too old to

16

advantageously join any pensioning or retirement system, a

17

reasonable annuity in lieu of joining a pensioning or retirement

18

system.]

19

Section 112.  Section 1105.1, added July 15, 2004 (P.L.710,

20

No.79), is reenacted to read:

21

Section 1105.1.  Retirement Benefits of Employes Transferred

22

to [Wastewater] Authorities--(a)  The following employes of

<--

23

municipal authorities shall be members of the borough retirement

24

system upon a written election as provided in this section:

25

(1)  An employe of a wastewater authority created by a

26

borough and one or more townships pursuant to 53 Pa.C.S. Ch. 56 

27

(relating to municipal authorities) that commenced operations

28

after December 1, 2001, who satisfies the requirements of

29

[paragraph (2) and] subsection (b), has past service credits

<--

30

under the borough retirement plan [may file a written election

<--

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1

with the borough council and the wastewater authority to be a

2

member of the borough retirement system. The qualified employe

3

shall file the written election within one year after the

4

effective date of this section.] and has filed a written

<--

5

election to be a member of the borough retirement system with

6

borough council and the wastewater authority prior to September

7

14, 2005.

8

(2)  An employe of a municipal authority created by a borough

9

pursuant to 53 Pa.C.S. Ch. 56  that commenced operations after

10

October 4, 2010, who satisfies the requirements of subsection

11

(b), has past service credits under the borough retirement plan

12

and files a written election with the borough council and the

13

authority to be a member of the borough retirement system within

14

one year of the effective date of this paragraph.

15

[(2)] (b)  (1)  In order to qualify for the option under

<--

16

[paragraph (1)] subsection (a)(1) or (2), the employe must

<--

17

satisfy both of the following requirements:

18

(i)  Immediately prior to the date of transfer of employment

19

to the [wastewater] authority, be an employe of the borough

<--

20

that, either alone or together with one or more [townships] 

<--

21

municipalities, established the [wastewater] authority.

<--

22

(ii)  Be an active member of the borough's retirement system

23

on the date that the employe's employment was transferred to the

24

[wastewater] authority.

<--

25

[(3)] (2)  For an employe who files an election under

<--

26

[paragraph (1)] subsection (a), the affected [wastewater] 

<--

27

authority shall:

28

(i)  Deduct from the employe's salary an amount equal to the

29

employe contribution that would have been deducted had the

30

employe continued to be a borough employe and shall pay the

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1

deducted amount to the borough's retirement fund.

2

(ii)  Pay to the borough's retirement fund an employer

3

contribution equal to the employer normal cost plus anticipated

4

administrative expenses and amortization payments less general

5

municipal pension system State aid expressed as a percentage of

6

the system's total payroll as calculated by the borough pursuant

7

to the act of December 18, 1984 (P.L.1005, No.205), known as the

8

"Municipal Pension Plan Funding Standard and Recovery Act," and

9

applied to the payroll of the employe.

10

[(b)] (c)  All employes who elect to be members of the

<--

11

borough retirement system under this section shall be treated as

12

borough employes in determining the borough's annual allocation

13

of general municipal pension system State aid pursuant to

14

section 402(e) of the "Municipal Pension Plan Funding Standard

15

and Recovery Act," and the annual allocation of general

16

municipal pension system State aid pursuant to section 402(e) of

17

the "Municipal Pension Plan Funding Standard and Recovery Act"

18

shall be payable to the borough.

19

Section 113.  Article XI subdivision (b) heading of the act

20

is reenacted to read:

21

(b)  Treasurer

22

Section 114.  Sections 1106 and 1107 of the act are amended

23

to read:

24

Section 1106.  Bond and Duties.--(a)  The borough treasurer

25

shall, before entering upon the duties of [his] office, give

26

bond in an amount determined by council, conditioned for the

27

faithful performance of [his] the treasurer's duties. [He shall

28

keep a just account of all receipts and disbursements, and shall

29

annually submit his account to the borough auditors or

30

controller; he shall pay over all moneys remaining in his hands

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1

and deliver all books, papers, accounts, and other things

2

belonging to the borough, to his successor. All moneys received

3

by any officer, or other person, for the use of the borough

4

shall be forthwith paid to the borough treasurer. He shall

5

deposit all moneys received by him in a bank or banking

6

institution in the name of the borough. All expenditures shall

7

be paid out of funds in the treasury only when authorized by the

8

treasurer, upon an order signed by the president of council and

9

the borough secretary and also by the borough controller, if

10

any. Such order shall not be executed unless there is money in

11

the treasury available therefor.]

12

(b)  The treasurer shall:

13

(1)  Receive all moneys due the borough and deposit them

14

promptly in a designated depository in the name of the borough.

15

(2)  Keep distinct and accurate accounts of all sums received

16

from taxes and other sources, which accounts shall be open to

17

the inspection of borough council and any citizen of this

18

Commonwealth.

19

(3)  Pay out all moneys only on direction by the borough

20

council, upon an order signed by the president of council and

21

the borough secretary, and also by the borough controller, if

22

any. The order shall not be executed unless there is money in

23

the treasury available. Nothing in this act may preclude the use

24

of electronic signatures and transactions to the extent

25

authorized by the act of December 16, 1999 (P.L.971, No.69),

26

known as the "Electronic Transactions Act," or any other law.

27

(4)  Annually submit the accounts to the elected auditors,

28

independent auditor or controller for settlement.

29

(5)  Preserve the account books, papers, documents and other

30

records of the office and turn them over to the successor in

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1

office.

2

(c)  All moneys received by any officer or other person for

3

the use of the borough shall be paid to the borough treasurer.

4

Section 1107.  Assistant Treasurer.--Any borough council may,

5

by resolution, appoint an assistant treasurer, who shall not be

6

a member of the council. Council may appoint the assistant

7

treasurer as the assistant secretary provided that the assistant

8

treasurer is not a member of council. The assistant treasurer

9

shall assist the treasurer in the performance of [his] the

10

treasurer's duties, and, in case of absence or disability of the

11

treasurer, shall perform the duties and may exercise the powers

12

of the treasurer.

13

Section 115.  Article XI subdivision (c) heading of the act

14

is reenacted to read:

15

(c)  Secretary

16

Section 116.  Sections 1111, 1112 and 1113 of the act are

17

amended to read:

18

Section 1111.  Duties.--(a)  The secretary shall attend all

19

meetings of the borough council and shall keep full minutes of

20

its proceedings[; he shall transcribe the bylaws, rules,

21

regulations and ordinances adopted into a book kept for that

22

purpose; he shall preserve the records and documents of the

23

borough, and shall have custody of the corporate seal. He shall

24

certify copies of any book, paper, record, bylaw, rule,

25

regulation, resolution, ordinance or proceeding of the borough,

26

under the seal thereof which copies, when so certified, shall be

27

admissible in evidence in any court of the Commonwealth. He

28

shall attest the execution of all instruments, record all

29

ordinances and attest the same by his signature. He shall file

30

of record proof of service of all notices required by law, and

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1

his certificate thereof shall be good evidence of such notice.

2

The borough shall furnish the secretary with such dockets,

3

books, forms and files as are necessary for the conduct of his

4

office, such dockets, books, forms and files to be and remain

5

the property of the borough. He shall deliver to his successor

6

the seal and all books, papers and other records and things

7

belonging to the borough].

8

(b)  The secretary shall:

9

(1)  Record or transcribe the bylaws, rules, regulations,

10

resolutions and ordinances of the borough in accordance with

11

section 1009.

12

(2)  Preserve the records and documents of the borough, and

13

shall have custody of the corporate seal, and shall deliver to

14

the secretary's successor the seal and all books, papers and

15

other records and things belonging to the borough.

16

(3)  Certify copies of any book, paper, record, bylaw, rule,

17

regulation, resolution, ordinance or proceeding of the borough,

18

under the seal of the borough which copies, when certified,

19

shall be admissible in evidence in any court of the

20

Commonwealth.

21

(4)  Attest the execution of all instruments, record all

22

ordinances and attest the same by the secretary's signature, and

23

file of record proof of service of all notices required by law,

24

and the secretary's certificate shall be good evidence of

25

notice.

26

(5)  Inform council, and the public as required by 65 Pa.C.S.

27

Ch. 7 (relating to open meetings), of all borough meetings,

28

including special meetings of council.

29

(c)  The borough shall furnish the secretary with the

30

necessary dockets, books, forms and files as are necessary for

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1

the conduct of the office, and which shall be and remain the

2

property of the borough.

3

Section 1112.  Assistant Secretary.--Every borough council

4

may, by resolution, appoint an assistant secretary [who shall,

5

in the absence or disability of the secretary, perform the

6

duties and exercise the powers of the secretary]. The assistant

7

secretary shall assist the secretary in the performance of the

8

secretary's duties, and, in case of absence or disability of the

9

secretary, shall perform the duties and may exercise the powers

10

of the secretary. The assistant secretary may be appointed from

11

the membership of the borough council, but shall not be any

12

other officer thereof. Council may appoint the assistant

13

secretary as the assistant treasurer provided that the assistant

14

secretary is not a member of council.

15

Section 1113.  Records Open to Inspection.--The fiscal

16

records and documents and the minute book and other records and

17

documents of every borough shall be open [to the inspection of

18

any taxpayer thereto, at any reasonable time.] in accordance

19

with the act of February 14, 2008 (P.L.6, No.3), known as the

20

"Right-to-Know Law."

21

Section 117.  Article XI subdivision (d) heading of the act

22

is reenacted to read:

23

(d)  Solicitor

24

Section 118.  Section 1116 of the act is amended to read:

25

Section 1116.  Solicitor to Have Control of Legal Matters.--

26

The legal matters of the borough shall be under the control of

27

the borough solicitor, and no department or officer of the

28

borough, except as [herein] otherwise provided by law, shall

29

employ an additional counsel without the assent or ratification

30

of the council. The borough solicitor shall be licensed to

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1

practice law in this Commonwealth and may be one person or a law

2

firm, partnership, association or professional corporation. The

3

borough solicitor serves at the pleasure of council. In the

4

absence of the solicitor, the law firm of which [he] the

5

solicitor is a member or associate may perform any of the duties

6

or functions of the solicitor.

7

Section 119.  Section 1117 of the act, amended July 1, 1992

8

(P.L.344, No.71), is amended to read:

9

Section 1117.  Duties of Solicitor; Outside Counsel.--(a)

10

The borough solicitor[, when directed or requested so to do by

11

council or the mayor, shall prepare or approve such bonds,

12

obligations, contracts, leases, conveyances, ordinances and

13

assurances to which the borough or any department thereof may be

14

a party; he shall commence and prosecute all actions brought by

15

the borough for or on account of any of the estates, rights,

16

trusts, privileges, claims, or demands, as well as defend all

17

actions or suits against the borough, or any officer thereof,

18

wherein or whereby any of the estates, rights, privileges,

19

trusts, ordinances, or accounts, of the borough, or any

20

department thereof, may be brought in question before any court

21

in the Commonwealth; and shall do every professional act

22

incident to the office which he may be authorized or required to

23

do by the council or the mayor. He shall, whenever required,

24

furnish the council, or committees thereof, the mayor, or the

25

head of department, with his opinion in writing upon any

26

question of law which may be submitted by any of them in their

27

official capacities.] shall:

28

(1)  Prepare or approve, when directed or requested to do so

29

by council or the mayor, any bonds, obligations, contracts,

30

leases, conveyances, ordinances and assurances to which the

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1

borough or any department of the borough may be a party.

2

(2)  Commence and prosecute all actions brought by the

3

borough for or on account of any of the estates, rights, trusts,

4

privileges, claims or demands of the borough, as well as defend

5

the borough or any borough officer against all actions or suits

6

brought against the borough or borough officer in which any of

7

the estates, rights, privileges, trusts, ordinances or accounts

8

of the borough may be brought in question before any court in

9

this Commonwealth.

10

(3)  Furnish the council or committees of the council, the

11

mayor or the head of a department, upon request, with an opinion

12

in writing upon any question of law which may be submitted by

13

any of them in their official capacities.

14

(4)  Perform every other professional act incident to the

15

office which the borough solicitor may be authorized or required

16

to do by the council or the mayor.

17

(b)  In the case of a legal dispute between the mayor and

18

council, or in any other case where representation of the mayor

19

and council by the borough solicitor would create a conflict of

20

interest for the borough solicitor, the mayor is authorized to

21

employ outside counsel at borough expense, not to exceed [two

22

thousand five hundred dollars ($2,500)] four thousand dollars

23

($4,000) in any twelve-month period, to perform necessary legal

24

services.

25

Section 120.  Section 1118 of the act is amended to read:

26

Section 1118.  Assistant Solicitor.--Every borough council

27

may, by resolution, appoint an assistant solicitor who shall

28

assist the solicitor in the performance of the solicitor's

29

duties and, in the absence or disability of the solicitor,

30

perform the duties and exercise the powers of the solicitor.

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1

Section 121.  Article XI subdivision (e) heading of the act

2

is reenacted to read:

3

(e)  Police

4

Section 122.  Sections 1121, 1122 and 1123 of the act are

5

amended to read:

6

Section 1121.  [Appointment, Suspension, Reduction,

7

Discharge, Powers; Mayor to Have Control.--Borough council may,

8

subject to the civil service provisions of this act, if they be

9

in effect at the time, appoint and remove, or suspend, or reduce

10

in rank, one or more suitable persons, citizens of the United

11

States of America, as borough policemen, who shall be ex officio

12

constables of the borough, and shall and may, within the borough

13

or upon property owned or controlled by the borough or by a

14

municipal authority of the borough whether such property is

15

within or outside the limits of the borough, without warrant and

16

upon view, arrest, and commit for hearing any and all persons

17

guilty of breach of the peace, vagrancy, riotous or disorderly

18

conduct or drunkenness, or who may be engaged in the commission

19

of any unlawful act tending to imperil the personal security or

20

endanger the property of the citizens, or for violating any

21

ordinance of the borough for the violation of which a fine or

22

penalty is imposed, and notwithstanding any statute pertaining

23

to the same or similar offenses. Any person so arrested shall be

24

received for confinement by the keepers of the jails, lockups,

25

or station houses within the county.

26

The borough council may designate one of said policemen as

27

chief of police. The mayor of the borough shall have full charge

28

and control of the chief of police and the police force, and he

29

shall direct the time during which, the place where and the

30

manner in which, the chief of police and the police force shall

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1

perform their duties, except that council shall fix and

2

determine the total weekly hours of employment that shall apply

3

to the policemen.

4

Policemen shall have authority to serve and execute all

5

criminal process for the violation of borough ordinances which

6

may be issued by the mayor, and shall charge the same fees and

7

costs as constables of the borough, but such fees and costs

8

shall be collected by the mayor and by him paid into the borough

9

treasury.

10

The borough may, by ordinance establish a police department

11

consisting of chief, captain, lieutenant, sergeants, or any

12

other classification desired by the council, and council may,

13

subject to the civil service provisions of this act, if they be

14

in effect at the time, designate the individuals assigned to

15

each office, but the mayor shall continue to direct the manner

16

in which the persons assigned to the office shall perform their

17

duties. The mayor may, however, delegate to the chief of police

18

or other officers supervision over and instruction to

19

subordinate officers in the manner of performing their duties.

20

The mayor may appoint special policemen during an emergency in

21

which the safety and welfare of the borough and the public is

22

endangered and auxiliary policemen may be appointed as provided

23

by general law.

24

The borough council may assign the chief of police or any

25

member of the police force to undergo a course of training at

26

any training school for policemen established and made available

27

by the State or Federal government, and may provide for the

28

payment by the borough of his expenses while in attendance in

29

such school.] Council's Powers; Police.--(a)  Council may, by

30

ordinance, establish a police department. If council has

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1

established a police department, the following shall apply:

2

(1)  Council may appoint police officers, subject to the

3

civil service provisions of this act if the provisions are in

4

effect at the time of the appointment.

5

(2)  Council shall have the power to remove, suspend or

6

reduce in rank any police officer:

7

(i)  in accordance with the act of June 15, 1951 (P.L.586,

8

No.144), entitled "An act regulating the suspension, removal,

9

furloughing and reinstatement of police officers in boroughs and

10

townships of the first class having police forces of less than

11

three members, and in townships of the second class"; or

12

(ii)  subject to the civil service provisions of this act if

13

the provisions are applicable to the police officer at the time

14

of the removal, suspension or reduction in rank.

15

(3)  Council shall designate the ranks in the police

16

department, duties of each rank, and may designate one of the

17

police officers as chief of police.

18

(4)  Council may assign any member of the police department

19

to attend training classes offered by the Federal or State

20

government and may pay the police officer's expenses while

21

attending the school.

22

(b)  Each borough police officer shall have those powers and

23

abilities as are granted to police officers under the laws of

24

this Commonwealth or the rules of the Supreme Court or the

25

ordinances of the borough for which a fine or penalty is imposed

26

unless otherwise excepted in this act.

27

(c)  In any case in which a borough has [heretofore] 

28

previously appointed [policemen] police officers or established

29

a police department by action of council but not [by or] 

30

pursuant to an ordinance regularly enacted, [such] the action

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1

shall be deemed to have been a valid exercise of the legislative

2

power of the borough [for all purposes the same as though an

3

ordinance had been enacted], and all [policemen] police officers 

4

appointed [thereunder] shall occupy the same status and shall

5

have the same rights and privileges as in the case of

6

[policemen] police officers appointed under authority of an

7

ordinance.

8

(d)  No police officer may participate in any political or

9

election campaign while on duty or in uniform or while using

10

borough property otherwise than to exercise the officer's right

11

of suffrage.

12

Section 1122.  Police Serving Under Cooperative Agreement or

13

Contract.--Whenever any borough shall have entered into a

14

cooperative agreement or contract with any [near or adjacent

15

city, borough, or township] municipal corporation, regional

16

police force or other governmental entity created by two or more

17

municipal corporations pursuant to 53 Pa.C.S. Ch. 23 Subch. A

18

(relating to intergovernmental cooperation), for the furnishing

19

or receiving of police protection, as authorized by clause (35)

20

of section 1202 [of this act, such policemen, individually], the

21

police force of the municipal corporation, regional police force

22

or other governmental entity furnishing the police protection 

23

shall be appointed and accepted as [policemen] the police force 

24

of the borough receiving [such] the police service by resolution

25

of the borough council [of the said borough. Policemen]. Police

26

officers of the police force of a municipal corporation,

27

regional police force or other governmental entity so appointed

28

shall, however, in so far as civil service and pensions are

29

concerned, be deemed to be appointees and employes only of the

30

[municipality or township] municipal corporation, regional

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1

police force or other governmental entity furnishing their

2

service and making the original appointment [thereof].

3

Section 1123.  Police Badge.--The borough [policemen] police

4

officers shall, when on duty, wear a shield or badge with the

5

word "Police."

6

Section 123.  The act is amended by adding a section to read:

7

Section 1123.1.  Mayor's Powers; Police.--(a)  The mayor

8

shall have full charge and control of the chief of police and

9

the police force.

10

(b)  The mayor shall direct the time during which, the place

11

where and the manner in which the chief of police and the police

12

force perform the duties of their rank.

13

(c)  The mayor may delegate to the chief of police or other

14

officer supervision over and instruction to subordinate officers

15

in the manner of performing their duties.

16

(d)  The mayor may appoint special police during an emergency

17

in which the safety and welfare of the borough and the public is

18

endangered.

19

(e)  The mayor may activate auxiliary police in accordance

20

with general law, and notwithstanding any other provision of

21

law, the mayor may also activate auxiliary police for purposes

22

of crowd and traffic control for limited periods during events

23

where, in the mayor's discretion, public safety is promoted by

24

the activation of the auxiliary police.

25

Section 124.  Section 1124 of the act, amended June 15, 1977

26

(P.L.9, No.7), is amended to read:

27

Section 1124.  Suspension by Mayor.--In addition to the

28

powers of council to suspend [policemen] police officers, the

29

mayor may, for cause and without pay, suspend any [policemen] 

30

police officers until the succeeding regular meeting of the

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1

council, at which time or [thereafter] later the council may,

2

subject to the civil service provisions of this act, if they be

3

in effect at the time, suspend, discharge, reduce in rank or

4

reinstate with pay, [such policemen: Provided, however, That a

5

policeman] the police officers. A police officer suspended by

6

the mayor may not be reinstated by council at a date earlier

7

than ten working days from the date fixed by the mayor for the

8

suspension to commence. In any case where the council has

9

reinstated a [policeman] police officer, after having been

10

suspended by the mayor, the mayor shall not thereafter suspend

11

[such policeman] the police officer for reasons arising from the

12

same act for which the first suspension was made, or for reasons

13

that the council, in reinstating [such policeman] the police

14

officer, shall have determined not to be grounds for suspension.

15

Section 125.  Section 1125 of the act is amended to read:

16

Section 1125.  Compensation.--The borough police and special

17

[policemen] police appointed by the mayor shall receive [such] 

18

compensation as shall be fixed by the borough council.

19

Section 126.  Section 1127 of the act, amended June 22, 2000

20

(P.L.325, No.34), is amended to read:

21

Section 1127.  School Crossing Guards.--(a)  Upon request of

22

the board of school directors of the school district in which a

23

borough is wholly or partially located, the borough council may

24

appoint school crossing guards who shall have the duty of

25

controlling and directing traffic and pedestrians at or near

26

schools and who shall be in suitable and distinctive uniform.

27

While on duty, these crossing guards shall be under and subject

28

to the direction of the mayor. They shall serve at the pleasure

29

of the borough council, except as noted in subsection (b), and

30

shall not come within the civil service provisions of this act

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1

and shall not be entitled to participate in any borough pension

2

plan or plans now in effect or hereafter effective. The

3

compensation of the school crossing guards, if any, shall be

4

fixed by the borough council and shall be jointly paid by the

5

borough council and the board of school directors, in a ratio to

6

be determined by the borough council and board of school

7

directors. If the borough council and board of school directors

8

are unable to determine the ratio of compensation of the

9

crossing guards to be paid by the council and the board, each

10

shall pay one-half of the compensation of [such] the crossing

11

guards. [Auxiliary policemen] Notwithstanding any other

12

provision of law, auxiliary police officers, appointed as

13

prescribed by general law, may be designated to serve as

14

crossing guards.

15

(b)  The borough council may [approve] enact an ordinance

16

allowing a board of school directors to assume hiring and

17

oversight of school crossing guards. Before the borough council

18

may [approve such an] enact the ordinance, the board of

19

directors of the school district shall [approve] adopt a

20

resolution requesting the authority to assume the hiring and

21

oversight of school crossing guards. The ordinance enacted by

22

the borough council shall outline how the police department will

23

provide any necessary training and assistance of the school

24

crossing guards while on duty. [Such] The school crossing guards

25

shall be authorized only in the management of traffic and

26

pedestrians in and around areas identified by the police

27

department and the school district superintendent or his or her

28

designees. The school crossing guards shall not come within the

29

civil service provisions of this act, nor shall they fall under

30

the bargaining unit of the school district nor be considered an

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1

employe as defined under section 1101-A of the act of March 10,

2

1949 (P.L.30, No.14), known as the "Public School Code of 1949,"

3

or a school employee as defined under 24 Pa.C.S. § 8102 

4

(relating to definitions), or under any plans hereafter

5

effective. [Once] After the ordinance [receives approval] is

6

enacted by the borough council, the school district shall assume

7

the cost of compensation, including fixing [such] compensation,

8

if any, of the school crossing guards. [Auxiliary policemen] 

9

Notwithstanding any other provision of law, auxiliary police

10

officers, appointed as prescribed by general law, may be hired

11

by the school district to serve as school crossing guards. The

12

board of school directors shall notify the borough council of

13

those hired to serve as school crossing guards and request the

14

necessary training or assistance be provided as outlined by the

15

ordinance.

16

Section 127.  Article XI subdivision (f) heading of the act

17

is reenacted to read:

18

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

19

of Less Than Three Members

20

Section 128.  Sections 1131 and 1132 of the act are amended

21

to read:

22

Section 1131.  Police Pension Fund.--(a)  Where a police

23

force of less than three full-time members is being maintained,

24

the borough may, unless there is a private organization or

25

association constituting and managing an existing pension fund

26

for the members of the police force in [such] the borough, by

27

ordinance, [provide for the purchase of annuity contracts for

28

the payment of pensions, or] establish a police pension fund

29

into which each member of the police force shall pay an equal

30

and proportionate monthly charge to be withheld from the pay of

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1

[such] the member.

2

(b)  In lieu of establishing a pension fund in accordance

3

with subsection (a), the borough may, by ordinance, provide

4

investment or insurance instruments for the purpose of the

5

payment of pensions or annuities to the members of the police

6

force who receive honorable discharge by reason of age or

7

disability and the families of police officers injured or killed

8

in service.

9

(c)  All pension funds or investment or insurance instruments 

10

established under the provisions of this section shall be under

11

the direction of the borough council, or [such] a committee as

12

it may designate, and shall be applied under [such] regulations

13

as the council may by ordinance prescribe for the benefit of

14

[such] the members of the police force as shall receive

15

honorable discharge therefrom by reason of age or disability and

16

the families of [such as] members of the police force that may

17

be injured or killed in the service. Council shall appoint, by

18

resolution, a chief administrative officer who shall have the

19

primary responsibility for the execution of the administrative

20

affairs of the pension plan, subject to the direction of

21

council. Any allowances made to those who are retired by reason

22

of disability or age shall be in conformity with a uniform

23

scale.

24

(d)  The ordinance establishing the police pension fund shall

25

prescribe a minimum period of total service, a minimum age, or

26

both, after which members of the force may be eligible for

27

retirement from active duty.

28

(e)  Payments made on account of police pensions shall be a

29

charge on no fund in the treasury of the borough, or under its

30

control, other than the police pension fund.

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1

(f)  A borough establishing a police pension fund by

2

ordinance pursuant to this section shall provide, from any

3

available borough revenue source, funding of that police pension

4

fund in an amount sufficient to meet the minimum obligation of

5

the borough with respect to the pension fund pursuant to the act

6

of December 18, 1984 (P.L.1005, No.205), known as the "Municipal

7

Pension Plan Funding Standard and Recovery Act."

8

(g)  A borough may take, by gift, grant, devise or bequest,

9

any money or property real, personal or mixed, in trust for the

10

benefit of the police pension fund. The care, management,

11

investment and disposal of the trust funds or property shall be

12

vested in the officers as the borough shall direct by ordinance

13

and shall be governed by the officers, subject to any directions

14

not inconsistent with the ordinance as the donors of the funds

15

and property may prescribe.

16

(h)  No person participating in the police pension fund and

17

becoming entitled to receive a benefit from the fund may be

18

deprived of the person's right to an equal and proportionate

19

share of the fund upon the basis upon which the person first

20

became entitled to the benefit.

21

(i)  The act of May 29, 1956 (1955 P.L.1804, No.600),

22

referred to as the "Municipal Police Pension Law," and or the

<--

23

act of February 1, 1974 (P.L.34, No.15), known as the

24

"Pennsylvania Municipal Retirement Law," shall govern any

25

borough police pension fund not established under the provisions

26

of this section.

27

Section 1132.  Private Police Pension Funds; Optional

28

Transfers.--(a)  Where there is a private organization or

29

association constituting and managing an existing pension fund

30

for the members of the police force in any borough, [such] the 

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1

borough shall establish a police pension for the purpose of

2

paying pensions to the members of its police force, if the

3

membership of [such] the organization or association, by a two-

4

thirds vote, elects to transfer its funds with all its assets

5

and liabilities into a borough pension fund, as required to be

6

established by this act.

7

(b)  [Whenever such a private organization or association

8

managing an existing police pension fund for the members of the

9

police force in any borough elects, by a two-thirds vote, to

10

transfer its funds into a borough pension fund, as required to

11

be established by this act, all the assets and liabilities of

12

such existing fund, shall be transferred. Such] The transfer in

13

subsection (a) may be made by the transfer of securities. After

14

[such] the transfer, the borough police pension fund shall

15

assume the liability of continuing the payment of pensions to

16

members of the police force retired prior to [such] the 

17

transfer, in accordance with the laws and regulations under

18

which [such] the members were retired.

19

Section 129.  Section 1133 of the act, amended May 31, 1984

20

(P.L.362, No.72), is repealed:

21

[Section 1133.  Service Required Before Retirement.--The

22

ordinance establishing the police pension fund shall prescribe a

23

minimum period of total service, and/or a minimum age after

24

which members of the force may be eligible for retirement from

25

active duty. Borough policemen so retired shall be subject to

26

service as police reserve, until unfitted for such service by

27

reason of age or disability, when they may be finally

28

discharged.]

29

Section 130.  Section 1134 of the act, amended December 16,

30

1992 (P.L.1215, No.158), is repealed:

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1

[Section 1134.  Pensions Not to be Charged on Other Funds;

2

Pension Plan Funding.--(a)  Payments made on account of police

3

pensions shall be a charge on no fund in the treasury of the

4

borough, or under its control, other than the police pension

5

fund.

6

(b)  The borough establishing a police pension fund by

7

ordinance pursuant to this act shall provide, from any available

8

borough revenue source, funding of that police pension fund in

9

an amount sufficient to meet the minimum obligation of the

10

municipality with respect to the pension fund pursuant to the

11

act of December 18, 1984 (P.L.1005, No.205), known as the

12

"Municipal Pension Plan Funding Standard and Recovery Act."]

13

Section 131.  Sections 1135, 1136 and 1137 of the act are

14

repealed:

15

[Section 1135.  Gifts to Pension Fund.--Borough may take, by

16

gift, grant, devise, or bequest, any money or property real,

17

personal, or mixed, in trust for the benefit of such police

18

pension fund. The care, management, investment and disposal of

19

such trust funds or property shall be vested in such offices as

20

the borough shall by ordinance direct, and shall be governed by

21

such officers, subject to any directions not inconsistent

22

therewith as the donors of such funds and property may

23

prescribe.

24

Section 1136.  Rights of Members.--No person participating in

25

such police pension fund and becoming entitled to receive a

26

benefit therefrom, shall be deprived of his right to an equal

27

and proportionate share therein, upon the basis upon which he

28

first became entitled thereto.

29

Section 1137.  Annuity Contracts in Lieu of Establishing a

30

Police Pension Fund.--Boroughs may provide annuity contracts for

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1

the purpose of paying pension or annuities to the members of the

2

police force who receive honorable discharge therefrom by reason

3

of age or disability and the families of such as may be injured

4

or killed in service.]

5

Section 132.  Article XI subdivision (g) of the act is

6

reenacted to read:

7

(g)  Borough Manager

8

Section 133.  Sections 1141 and 1142 of the act, amended July

9

7, 2011 (P.L.267, No.54), are amended to read:

10

Section 1141.  Borough Manager May be Created by Ordinance;

11

Election.--The council of any borough may, at its discretion at

12

any time, create by ordinance the office of borough manager and

13

may in like manner abolish the same. While [said] the office

14

exists, the council shall, from time to time, and whenever there

15

is a vacancy, elect, by a vote of a majority of all the members,

16

one person to fill [said] the office. The borough manager shall

17

serve at the pleasure of council, subject to contractual rights

18

that may arise under an employment agreement that may be entered

19

in accordance with section 1142.

20

Section 1142.  Powers and Duties[; Bond].--The powers and

21

duties of the borough manager shall be regulated by ordinance.

22

Council may enter into an employment agreement with the borough

23

manager. The employment agreement may set forth the terms and

24

conditions of employment, and the agreement may provide that it

25

shall remain in effect for a specified period terminating no

26

later than two years after the effective date of the agreement

27

or the date of the [organization] organizational meeting of

28

council following the next municipal election, whichever shall

29

first occur. An employment agreement entered into pursuant to

30

this section may specify conditions under which a borough

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1

manager would be entitled to severance compensation, but in no

2

event shall an employment agreement guarantee employment through

3

the term of the agreement or confer upon the borough manager any

4

legal remedy based on specific performance. Any employment

5

agreement with a borough manager executed on or after a

6

municipal election but before the first meeting in January the

7

year after the municipal election shall be void. The council, by

8

ordinance, may delegate, subject to recall, any of the

9

nonlegislative and nonjudicial powers and duties of the council,

10

the planning commission and the shade tree commission, to the

11

borough manager. With approval of borough council, the mayor may

12

delegate to the borough manager any of [his] the mayor's 

13

nonlegislative and nonjudicial powers and duties.

14

Section 133.1.  Section 1143 of the act is reenacted to read:

15

Section 1143.  Other Offices Not Incompatible.--The offices

16

of borough manager, street commissioner, secretary, treasurer

17

and chief of police, shall not be incompatible, and any two or

18

more or all of the said offices may be held by one person.

19

Neither the mayor nor any member of the borough council shall be

20

eligible to hold the office of borough manager.

21

Section 134.  Article XI subdivision (h) and (i) headings and

22

sections 1161, 1162, 1163, 1164, 1165, 1166, 1167 and 1168 of

23

the act are repealed:

24

[(h)  Borough Planning Commission

25

(i)  Mine and Quarry Inspection and Surface Support

26

Section 1161.  Ordinance Creating.--Any borough may, by

27

ordinance, provide for and regulate mine and quarry inspection

28

and surface support.

29

Section 1162.  Engineer and Other Personnel.--In any such

30

borough an engineer, to be appointed by the council, and such

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1

assistants, clerks and employes as the council may provide, to

2

receive such compensation as may be prescribed by council, may

3

be appointed to supervise and administer the work of mine and

4

quarry inspection and surface support.

5

Section 1163.  Inspection.--Any such engineer, or assistant

6

or other employes may enter, inspect, examine and survey any

7

mine, colliery or quarry within the limits of the borough, at

8

all reasonable times, either by day or night, but not so as to

9

impede or obstruct the workings of such colliery or quarry; and

10

may be accompanied by such other persons as may be necessary for

11

the purpose of making an examination or survey. The owner,

12

operator, or superintendent of such mine, colliery or quarry,

13

shall furnish the means necessary for such entry, inspection,

14

examination, survey and exit.

15

Section 1164.  Maps and Drawings.--The owner, operator, or

16

superintendent of every mine, colliery or quarry, within three

17

months after the passage of an ordinance by any borough

18

regulating mine or quarry inspection and surface support, shall

19

make or cause to be made and furnish to the borough such map,

20

plans and/or drawings of the workings, excavations and surface

21

support as the council may require. In the case of coal mines

22

and collieries, the map or plan shall exhibit the workings or

23

excavations in every seam of coal on a separate sheet, and the

24

tunnels and passages connecting with such workings or

25

excavations. It shall show in degrees the general inclination of

26

the strata, with any material deflection therein in the workings

27

or excavations, and shall also show the tidal elevations of the

28

bottom of every shaft, slope, tunnel and gangway, and of any

29

other point in the mine or on the surface where such elevation

30

shall be deemed necessary by the bureau. The map or plan shall

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1

show the number of the last survey on the gangways or the most

2

advanced workings.

3

Section 1165.  Extensions to be Placed on Maps.--Every owner,

4

operator, or superintendent, of a mine, colliery or quarry,

5

shall place or cause to be placed upon the pertinent map, at

6

least once in every three months, all the extensions made in any

7

mine or quarry, within the limits of such borough during the

8

three preceding months, except those made within thirty days

9

immediately preceding the time of placing such extensions upon

10

the said map or drawing.

11

Section 1166.  Certain Surface Supports Not to be Removed.--

12

It shall be unlawful for any person, copartnership, association,

13

or corporation to dig, mine, remove, or carry away the coal,

14

rock, earth, or other minerals or materials forming the natural

15

support of the surface beneath the highways, streets and public

16

places of any borough to such an extent and in such a manner as

17

thereby to remove the necessary support of the surface, without

18

having first placed or constructed an artificial permanent

19

support sufficient to uphold and preserve the stability of the

20

surfaces of such highways, streets, and public places.

21

Section 1167.  Penalty.--Any person being the general

22

manager, superintendent, or person in charge of the work of any

23

corporation, copartnership, or association, violating any of the

24

provisions of this subdivision, shall be guilty of a

25

misdemeanor, and upon conviction thereof shall be sentenced, for

26

such offense, to pay a fine not exceeding one thousand dollars

27

($1000) or to undergo imprisonment in the county jail for a

28

period not exceeding ninety days, or both. All fines imposed

29

under this section shall be paid into the treasury of the

30

borough.

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1

Section 1168.  Enactment of Ordinances.--Borough councils may

2

enact such ordinances as may be necessary for the enforcement of

3

the provisions of this subdivision.]

4

Section 135.  Article XI subdivision (j) heading of the act

5

is amended to read:

6

(j)  Civil Service for Police and [Firemen]

7

Fire Apparatus Operators

8

Section 136.  Section 1171 of the act, amended October 4,

9

1978 (P.L.1000, No.210), is amended to read:

10

Section 1171.  Appointments of Police and [Firemen] Fire

11

Apparatus Operators.--This subdivision [(j) of this article] 

12

shall not apply to any borough having a police force of less

13

than three members or to those having three or more members if

14

those members in excess of two are appointed on a temporary

15

basis through a Federally funded program or to volunteer fire

16

departments or companies employing their own operators, or to

17

boroughs having less than three salaried operators of fire

18

apparatus. This subdivision [(j) of this article] is subject [as

19

heretofore] to the power of council to determine compensation.

20

[Hereafter each and every] Every appointment to and promotion in

21

the police force or as fire apparatus operators paid directly by

22

the borough in every borough shall be made only according to

23

qualifications and fitness, to be ascertained by examinations

24

which shall be competitive as hereinafter provided.

25

No person shall [hereafter] be suspended, removed or reduced

26

in rank as a paid employe in any police force or as a paid

27

operator of fire apparatus of any borough, except in accordance

28

with the provisions of this subdivision. However, nothing in

29

this subdivision [(j)] shall apply to retirement nor shall

30

anything herein prevent any borough from adopting a compulsory

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1

retirement age for its employes or for any class or classes

2

thereof and from retiring all [such] employes automatically when

3

they reach such age.

4

Section 137.  Sections 1172, 1173, 1174, 1175, 1176, 1177,

5

1178 and 1179 of the act are amended to read:

6

Section 1172.  Civil Service Commission Created;

7

Appointments; Vacancies; Oath; Compensation.--(a)  There is

8

hereby created in each borough, where a police force or paid

9

fire apparatus operators as hereinbefore provided are being

10

maintained, a civil service commission hereinafter referred to

11

as the commission. The commission shall consist of three

12

commissioners who shall be qualified electors of the borough and

13

shall be appointed by the borough council initially to serve for

14

the terms of two, four and six years, and as terms thereafter

15

expire shall be appointed for terms of six years.

16

Any vacancy occurring in any commission for any reason

17

whatsoever shall be filled by the borough council for the

18

unexpired term within the period of thirty days after [such] the 

19

vacancy occurs.

20

(b)  Borough council may appoint no more than three qualified

21

electors of the borough to serve as alternate members of the

22

commission. The term of office of the alternate members shall be

23

six years. When seated pursuant to section 1174, an alternate

24

shall be entitled to participate in all proceedings and

25

discussions of the commission to the same and full extent as

26

provided by law for commission members, including specifically

27

the right to cast a vote as a voting member during the

28

proceedings, and shall have all the powers and duties set forth

29

in this act and as otherwise provided by law. Alternates shall

30

hold no other office in the borough. An alternate may

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1

participate in any proceeding or discussion of the commission

2

but shall not be entitled to vote as a member of the commission

3

unless designated as a voting alternate member pursuant to

4

section 1174.

5

(c)  Each member of the commission created by this

6

subdivision, before entering upon the discharge of the duties of

7

[his] office, shall take an oath or affirmation [to support the

8

Constitution of the United States and of the Commonwealth of

9

Pennsylvania and to perform his official duties with fidelity,

10

together with such loyalty oath as is prescribed and required by

11

law] of office pursuant to 53 Pa.C.S. § 1141 (relating to form

12

of oaths of office). The civil service commissioners shall

13

receive no compensation.

14

Section 1173.  Offices Incompatible with Civil Service

15

Commissioner.--No commissioner shall at the same time hold an

16

elective or appointed office under the United States Government,

17

the Commonwealth of Pennsylvania or any political subdivision of

18

the Commonwealth, except that one member of the commission may

19

be a member of the [council of the] borough council and one may

20

be a member of the teaching profession.

21

Section 1174.  Organization of Commission; Quorum.--The

22

commission first appointed shall organize within ten days of its

23

appointment and shall elect one of its members as the [chairman] 

24

chair and one as the secretary. The commission shall thereafter

25

meet and organize on the first Monday [of February] of each

26

even-numbered year. [The secretary of the commission shall give

27

each commissioner twenty-four hours' notice] Each commissioner

28

shall be notified in writing of each and every meeting [of the

29

commission. Two]. Three members of the commission shall

30

constitute a quorum [and no action of the commission shall be

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1

valid unless it shall have the concurrence of at least two

2

members]. If, by reason of absence or disqualification of a

3

member a quorum is not reached, the chair shall designate as

4

many alternate members of the commission to sit on the

5

commission as may be needed to provide a quorum. An alternate

6

member of the commission shall continue to serve on the

7

commission in all proceedings involving the matter or case for

8

which the alternate was initially designated until the

9

commission has made a final determination of the matter or case.

10

Designation of an alternate member pursuant to this section

11

shall be made on a case-by-case basis in rotation according to

12

declining seniority among the alternates. No action of the

13

commission may be valid unless it shall have the concurrence of

14

at least two members.

15

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

16

borough shall furnish to the commission, on its requisition,

17

[such] clerical assistance [as] that may be necessary for the

18

work of the commission. The borough shall provide a suitable and

19

convenient room for the use of the commission. The commission

20

shall order from the borough the necessary stationery, postage,

21

printing and supplies[, and the]. The borough shall also provide

22

the services of a solicitor for the commission to be appointed

23

by the commission and paid by the borough. The borough shall

24

have the authority to place a reasonable limit on the amount

25

allowed each year for the services of the commission solicitor.

26

The elected and appointed officials of every [such] borough

27

shall aid the commission in all proper ways in carrying out the

28

provisions of this subdivision relating to civil service.

29

Section 1176.  Rules and Regulations.--The commission shall

30

have power to prescribe, amend and enforce rules and regulations

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1

for carrying into effect the provisions of this subdivision and

2

shall be governed thereby. Before [any such] the effective date

3

of the rules and regulations [are in force], or amendments

4

thereto, the same shall be first approved by [the] borough 

5

council [of the borough]. When [such] the rules and regulations,

6

or amendments, have been [so] approved, they shall not be

7

annulled, amended, or added to, without the approval of [the

8

said] council. All rules and regulations and modifications

9

[thereof] shall be made available by the boroughs for public

10

distribution or inspection.

11

Section 1177.  Minutes and Records.--The commission shall

12

keep minutes of its proceedings and records of examinations and

13

other official actions. All recommendations of applicants for

14

appointment received by the commission shall be kept and

15

preserved for a period of five years, and all [such] records and

16

all written causes of removal filed with the commission, except

17

as otherwise provided in section 1191 [of this act], shall be

18

open to public inspection and subject to reasonable regulation.

19

Section 1178.  Investigations.--The commission shall have

20

power to make investigations concerning all matters touching the

21

administration and enforcement of this subdivision and rules and

22

regulations adopted thereunder. The [chairman] chair of the

23

commission is hereby given power to administer oaths and

24

affirmations in connection with [such] the investigations.

25

Section 1179.  Subpoenas.--The commission shall have power to

26

issue subpoenas over the signature of the [chairman] chair, to

27

require the attendance of witnesses and the production of

28

records and papers pertaining to any investigation or inquiry.

29

The fees of [such] witnesses for attendance and travel shall be

30

the same as for witnesses appearing in the courts and shall be

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1

paid from appropriations for the incidental expenses of the

2

commission.

3

All officers in public service and employes shall attend and

4

testify when required to do so by the commission.

5

If any person shall refuse or neglect to obey any subpoena

6

issued by the commission, [he] the person shall upon conviction

7

thereof in a summary proceeding, be sentenced to pay a fine not

8

to exceed one hundred dollars ($100), and in default of the

9

payment of [such] the fine and costs, shall be imprisoned not to

10

exceed thirty days.

11

If any person shall refuse or neglect to obey any subpoena

12

issued by the commission, [it] the commission may apply by

13

petition to the court of common pleas of the county for its

14

subpoena, requiring the attendance of [such] persons before the

15

commission or the court there to testify and to produce any

16

records and papers necessary, and in default thereof, shall be

17

held in contempt of court.

18

Section 138.  Section 1180 of the act is reenacted to read:

19

Section 1180.  Annual Report.--The commission shall make an

20

annual report to the council containing a brief summary of its

21

work during the year, which shall be available for public

22

inspection.

23

Section 139.  Section 1181 of the act, amended October 27,

<--

24

2010 (P.L.884, No.91) November 22, 2011 (P.L.417, No.104), is

<--

25

amended to read:

26

Section 1181.  General Provisions Relating to Examinations.--

27

(a)  The commission shall make rules and regulations, to be

28

approved as provided in section 1176 [hereof], providing for the

29

examination of applicants for positions in the police force and

30

as paid operators of fire apparatus and for promotions, which

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1

rules and regulations shall prescribe the minimum qualifications

2

of all applicants to be examined and the passing grades. All

3

examinations for positions or promotions shall be practical in

4

character and shall relate to [such] matters and include [such] 

5

inquiries as will fairly test the merit and fitness of the

6

persons examined to discharge the duties of the employment

7

sought by them. All examinations shall be open to all applicants

8

who have the minimum qualifications required by the rules and

9

regulations. Each applicant for an original position for an

<--

10

original position shall:

11

(1)  be subject to the regulations adopted by the commission;

12

(2)  either before or after the written examination, be

13

required to submit to a physical fitness or agility examination

14

that is job related and consistent with business necessity;

15

[and]

<--

16

(3)  if made a conditional offer of employment, be given a

17

physical and psychological medical examination as provided in

18

section 1189 [of this act.]; and

<--

19

(4)  be subject to a background investigation. Background

20

investigations may be restricted to those candidates on an

21

eligibility list or those to be certified to borough council for

22

appointment in accordance with section 1184.

23

(a.1)  Each applicant for promotion shall be subject to the

24

regulations adopted by the commission and to examination and

25

selection in accordance with section 1188. Physical fitness or

26

agility examinations that are job-related and consistent with

27

business necessity and physical and psychological medical

28

examinations may be, but need not be, required for promotions.; 

<--

29

and

30

(4)  be subject to a background investigation. Background

- 193 -

 


1

investigations may be restricted to those candidates on an

2

eligibility list or those to be certified to borough council for

3

appointment in accordance with section 1184 [of this act].

4

(a.1)  Each applicant for promotion shall be subject to the

5

regulations adopted by the commission and to examination and

6

selection in accordance with section 1188 [of this act].

7

Physical fitness or agility examinations that are job-related

8

and consistent with business necessity and physical and

9

psychological medical examinations may, but need not, be

10

required for promotions.

11

(b)  Public notice of the time and place of every

12

examination, together with the information as to the kind of

13

position or place to be filled, shall be given by publication

14

once in a newspaper of general circulation [in the borough], at

15

least two weeks prior to each examination, and a copy of the

16

notice shall be prominently posted in the office of the

17

commission or other public place.

18

(c)  The commission shall post in its office the [eligible] 

19

eligibility list, containing the names and grades of those who

20

have passed the examination.

21

Section 140.  Section 1182 of the act is amended to read:

22

Section 1182.  Application for Examination.--Each person

23

desiring to apply for examination shall file with the commission

24

a formal application in which the applicant shall [state] 

25

provide, under oath or affirmation [(i) his full name and

26

residence or post office address, (ii) his citizenship, place

27

and date of birth, (iii) his condition of health and physical

28

capacity for public service, (iv) his business or employment and

29

his residence for the past five years, and (v) such] the

30

following information:

- 194 -

 


1

(1)  full name and residence or post office address;

2

(2)  citizenship, place and date of birth;

3

(3)  condition of health and physical capacity for public

4

service;

5

(4)  business or employment and his residence for the past

6

five years; and

7

(5)  other information as may be required by the commission's

8

rules and regulations, showing the applicant's qualifications

9

for the position for which [he] the applicant is being examined.

10

Section 141.  Sections 1183 and 1184 Section 1183 of the act,

<--

11

amended October 27, 2010 (P.L.884, No.91), are is amended to

<--

12

read:

13

Section 1183.  Rejection of Applicant; Hearing.--(a)  The

14

commission may refuse to examine, or, if examined, may refuse to

15

certify after examination as eligible, any applicant who is

16

found to lack any of the minimum qualifications for examination

17

prescribed in the rules and regulations adopted for the position

18

or employment for which he has applied, or who is physically

19

unfit for the performance of the duties of the position to which

20

he seeks employment, or who is illegally using a controlled

21

substance, as defined in section 102 of the Controlled

22

Substances Act (Public Law 91-513, 21 U.S.C. § 802), or who has

23

been guilty of any crime involving moral turpitude, or of

24

infamous or notoriously disgraceful conduct, or who has been

25

dismissed from public service for delinquency or misconduct of

26

office, or who is affiliated with any group whose policies or

27

activities are subversive to the form of government set forth in

28

the constitutions and laws of the United States and

29

Pennsylvania.

30

(b)  If any applicant [or person is aggrieved by refusal of

- 195 -

 


1

the commission to examine or certify the applicant as eligible

2

after examination, the commission shall, at the request of the

3

applicant, within ten days, appoint a time and place for a

4

public hearing, with or without counsel, at which time] is

5

aggrieved by the refusal of the commission to certify the

6

applicant as eligible after examination, or a person is

7

aggrieved by refusal of the commission to examine the person,

8

the commission shall, at the request of the applicant or person

9

aggrieved, within ten days, appoint a time and place for a

10

public hearing. At the hearing, the applicant or person

11

aggrieved may appear with or without counsel, and the commission

12

shall take testimony and review its refusal to provide 

13

examination or certification. The deliberations of the

<--

14

commission, including interim rulings on evidentiary or

15

procedural issues, may be held in the nature of a closed

16

executive session. The commission's disposition of the matter

17

shall constitute official action which shall occur at a public

18

meeting held pursuant to 65 Pa.C.S. Ch. 7 (relating to open

19

meetings). The decision of the commission shall be final.

20

Section 141.1.  Section 1184 of the act, amended November 22,

<--

21

2011 (P.L.417, No.104), is amended to read:

22

Section 1184.  Eligibility List and Manner of Filling

23

Appointments.--(a)  At the completion of the testing process,

24

including any [background,] physical agility or other

<--

25

examination, with the exception of any background investigation

<--

26

to be conducted after the establishment of an eligibility list

27

and background investigation to be conducted after the

<--

28

establishment of an eligibility list and physical and

29

psychological medical examination pursuant to section 1189 [of

30

this act], the commission shall rank the candidates who have

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1

satisfied the minimum requirements for appointment on an

2

eligibility list. The eligibility list shall contain the names

3

of individuals eligible for appointment listed from highest to

4

lowest based on their scores on the examinations administered by

5

the commission and any points for which the applicant was

6

entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to veterans'

7

preference). The eligibility list will be valid for one year

8

from the date the commission formally adopts the eligibility

9

list. Prior to expiration of the one-year period, the commission

10

may extend the validity of the eligibility list for up to an

11

additional twelve months by a majority vote of the commission at

12

a duly authorized commission meeting. In the absence of a lawful

13

extension by the commission, the list shall expire.

14

(b)  Except as provided in subsection (c), every original

15

position or employment in the police force or as paid operators

16

of fire apparatus, except that of chief of police or chief of

17

the fire department, or equivalent, shall be filled only in the

18

following manner: the council shall notify the commission of any

19

vacancy which is to be filled and shall request the

20

certification of an eligibility list. The commission shall

21

certify for each existing vacancy from the eligibility list, the

22

names of the three persons, or a lesser number where three are

23

not available, who have received the highest average. The

24

council shall make a conditional appointment from the three

25

names certified, based solely on the merits and fitness of the

26

candidates, unless borough council makes objections to the

27

commission regarding one or more of the certified persons for

28

any of the reasons stated in section 1183 [of this act]. Should

29

[such] the objections be sustained by the commission, as

30

provided in section 1183 [of this act], or if the conditional

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1

appointee is determined to be unqualified in accordance with the

2

procedures set forth in section 1189 [of this act], the

3

commission shall strike the name of the person from the

4

eligibility list and certify the next highest name for each name

5

stricken from the eligibility list. As each subsequent vacancy

6

occurs in the same or another position precisely the same

7

procedure shall be followed.

8

(c)  Any vacancy in an existing position in the police force

9

or as a paid operator of fire apparatus which occurs as a result

10

of retirement, resignation, disability or death may be filled by

11

council by the reappointment or reinstatement of a former

12

employe of the police force or fire department who had

13

previously complied with the provisions of this section. No

14

examination, other than a physical examination as directed by

15

the civil service commission, shall be required in any case of

16

reappointment or reinstatement.

17

(d)  In the case of a vacancy in the office of chief of

18

police or chief of the fire department, or equivalent official,

19

the appointive power may nominate a person to the commission. It

20

shall [thereupon] then become the duty of the commission to

21

subject the person to a non-competitive examination, and if the 

22

person shall be certified by the commission as qualified, he may

23

then be appointed to the position, and [thereafter] shall be

24

subject to all the provisions of this subdivision.

25

Section 142.  Section 1185 of the act, amended June 16, 1972

26

(P.L.439, No.132), is amended to read:

27

Section 1185.  Age, Applicant's Residence.--No person shall

28

be eligible to apply for examination unless [he] the person is

29

at least eighteen years of age at the date of application. An

30

applicant need not be a resident of the borough. The council of

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1

the borough may authorize the commission, by rule or regulation,

2

to require [policemen and firemen] police officers and paid

3

operators of fire apparatus to become residents of the borough

4

after appointment to [such] the positions.

5

Section 143.  Section 1186 of the act, amended October 27,

6

2010 (P.L.884, No.91), is amended to read:

7

Section 1186.  Probationary Period.--All original

8

appointments to any position in the police force or as paid

9

operators of fire apparatus shall be for a probationary period

10

of not less than six months, and not more than one year, but

11

during the probationary period an appointee may be dismissed

12

only for a cause specified in section 1183 [of this act] or

13

because of incapacity for duty due to the use of alcohol or

14

drugs. If at the close of a probationary period the conduct or 

15

fitness of the probationer has not been satisfactory to the

16

council, the probationer shall be notified in writing that [he] 

17

the probationer will not receive a permanent appointment, and

18

the appointment shall cease. If the probationer is not notified

19

or dismissed in accordance with this section, [his] the

20

probationer's retention shall be equivalent to a permanent

21

appointment. The decision of a borough to suspend or discharge a

22

probationer shall be final and shall not be subject to the

23

hearing provisions of section 1191.

24

Section 144.  Section 1187 of the act is amended to read:

25

Section 1187.  Provisional Appointments.--Whenever there are

26

urgent reasons for the filling of a vacancy in any position in

27

the police force and there are no names on the [eligible] 

28

eligibility list for [such] the appointment, the council may

29

nominate a person to the commission for noncompetitive

30

examination, and if [such] the nominee shall be certified by the

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1

commission as qualified after [such] noncompetitive examination,

2

[he] the nominee may be appointed provisionally to fill [such] 

3

the vacancy. [It shall thereupon become the duty of the

4

commissioner within three weeks to] Within three weeks of the

5

provisional appointment, the commission shall hold a competitive

6

examination and certify [a list of eligibles] an eligibility

7

list and a regular appointment shall then be made from the name

8

or names submitted by the commission[: Provided, That], provided

9

that nothing [herein contained] in this section shall prevent

10

the appointment, without examination, of persons, temporarily as

11

police officers in cases of riot or other emergency or as

12

operators of fire apparatus in emergency cases.

13

Section 145.  Section 1188 of the act, amended October 27,

14

2010 (P.L.884, No.91), is amended to read:

15

Section 1188.  Promotions.--Promotions shall be based on

16

merit to be ascertained by examinations to be prescribed by the

17

commission. All questions relative to promotions shall be

18

practical in character and [such as] will fairly test the merit

19

and fitness of persons seeking promotion. Borough council shall

20

notify the commission of a vacancy in the police force or as a

21

paid operator of fire apparatus in the borough which is to be

22

filled by promotion and shall request the certification of an

23

eligibility list. The commission shall certify for each vacancy

24

the names of three persons on the eligibility list who have

25

received the highest average in the last preceding promotional

26

examination held within a period of two years preceding the date

27

of the request for the eligibility list. If three names are not

28

available, the commission shall certify the names remaining on

29

the eligibility list. The borough council shall make an

30

appointment from the names certified, based solely on the merits

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1

and fitness of the candidate, unless council makes objections to

2

the commission regarding one or more of the persons so certified

3

for any reason provided under section 1183 [of this act].

4

The council shall have power to determine in each instance

5

whether an increase in salary shall constitute a promotion.

6

Section 145.1.  Section 1189 of the act, amended October 27,

7

2010 (P.L.884, No.91), is reenacted to read:

8

Section 1189.  Physical and Psychological Medical 

9

Examination.--(a)  An applicant selected from the eligibility

10

list shall receive a conditional offer of employment. The offer

11

of employment shall be conditioned upon the conditional

12

appointee undergoing a physical and psychological medical

13

examination and a determination that the conditional appointee

14

is capable of performing all the essential functions of the

15

position. Physical medical examinations shall be under the

16

direction of a physician or other qualified medical

17

professional. Psychological medical examinations shall be under

18

the direction of a psychiatrist or psychologist.

19

(b)  The physician or other qualified medical professional

20

and the psychiatrist or psychologist shall be appointed by

21

council and shall render an opinion as to whether the

22

conditional appointee has a physical or mental condition which

23

calls into question the person's ability to perform all of the

24

essential functions of the position for which the person was

25

conditionally appointed.

26

(c)  If the opinion rendered by the physician, other

27

qualified medical professional, psychiatrist or psychologist 

28

calls into question the conditional appointee's ability to

29

perform all essential functions of a position, a person  

30

designated by council shall meet with the conditional appointee

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1

for the purpose of having one or more interactive discussions  

2

on whether the conditional appointee can, with or without

3

reasonable accommodation, perform all the essential functions of

4

the position.

5

(d)  If, at the conclusion of the interactive discussion  

6

under subsection (c), council determines that the conditional

7

appointee is not qualified, council shall give written notice to

8

the conditional appointee and the commission.

9

(e)  Nothing in this act shall be construed to authorize 

10

physical or psychological medical examinations prior to

11

conditional appointment.

12

(f)  As used in this section, the following definitions shall

13

apply:

14

"Medical examination" shall mean any examination, procedure,

15

inquiry or test designed to obtain information about medical

16

history or a physical or mental condition which might disqualify

17

an applicant if it would prevent the applicant from performing,

18

with or without a reasonable accommodation, all of the essential

19

functions of the position.

20

"Physician" shall have the meaning given to it in 1 Pa.C.S. §

21

1991 (relating to definitions).

22

"Qualified medical professional" shall mean an individual, in

23

collaboration with or under the supervision or direction of a

24

physician, as may be required by law, who is licensed:

25

(1)  as a physician assistant pursuant to the act of December

26

20, 1985 (P.L.457, No.112), known as the "Medical Practice Act

27

of 1985," or the act of October 5, 1978 (P.L.1109, No.261),

28

known as the "Osteopathic Medical Practice Act"; or

29

(2)  as a certified registered nurse practitioner pursuant to

30

the act of May 22, 1951 (P.L.317, No.69), known as "The

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1

Professional Nursing Law."

2

Section 146.  Section 1190 of the act, amended May 31, 1984

3

(P.L.362, No.72), is amended to read:

4

Section 1190.  Removals.--No person employed in any police or

5

fire force of any borough shall be suspended without pay,

6

removed or reduced in rank except for the following reasons:

7

(1)  Physical or mental disability affecting [his] the

8

person's ability to continue in service, in which cases the

9

person shall receive an honorable discharge from service.

10

(2)  Neglect or violation of any official duty.

11

(3)  Violation of any law which provided that [such] the 

12

violation constitutes a misdemeanor or felony.

13

(4)  Inefficiency, neglect, intemperance, immorality,

14

disobedience of orders, or conduct unbecoming an officer.

15

(5)  Intoxication while on duty.

16

(6)  Engaging or participating in conducting of any political

17

or election campaign while on duty or in uniform or while using

18

borough property otherwise than to exercise [his] the person's 

19

own right of suffrage.

20

(7)  Engaging or participating in the conduct of a political

21

or election campaign for an incompatible office as provided in

22

section 1104(f).

23

A person so employed shall not be removed for religious,

24

racial or political reasons. A written statement of any charges

25

made against any person so employed shall be furnished to [such] 

26

person within five days after the same are filed. The person so

27

employed shall have ten days from the date of receiving the

28

notice in which to submit a written request for a hearing to the

29

civil service commission under section 1191.

30

If for reasons of economy or other reasons it shall be deemed

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1

necessary by any borough to reduce the number of paid employes

2

of the police or fire force, then [such] the borough shall

3

[apply the following procedure: (i) if there are any employes

4

eligible for retirement under the terms of any retirement or

5

pension law, if the party to be retired exceeds the maximum age

6

as defined in the act of October 27, 1955 (P.L.744, No.222),

7

known as the "Pennsylvania Human Relations Act," then such

8

reduction in numbers shall be made by retirement of such

9

employes, starting with the oldest employe and following in

10

order of age respectively, (ii) if the number of paid employes

11

in the police force or fire force eligible to retirement is

12

insufficient to effect the necessary reduction in numbers, or if

13

there are no persons eligible for retirement, or if no

14

retirement or pension fund exists, then the reduction shall be

15

effected by furloughing] furlough the person or persons,

16

including probationers, last appointed to the respective force.

17

Such removal shall be accomplished by furloughing in numerical

18

order commencing with the person last appointed until such

19

reduction shall have been accomplished. In the event the said

20

police force or fire force shall again be increased the employes

21

furloughed shall be reinstated in the order of their seniority

22

in the service. The provisions of this paragraph as to

23

reductions in force are not applicable to a chief of police.

24

Section 147.  Section 1191 of the act, repealed in part June

25

3, 1971 (P.L.118, No.6), is amended to read:

26

Section 1191.  Hearings on Dismissals and Reductions.--[If

27

the] (a)  The person suspended, removed or reduced in rank

28

[shall demand a hearing by the commission, the demand shall be

29

made to the commission. Such person] may make written answers to

30

any charges filed against [him] the person not later than the

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1

day fixed for hearing. The commission shall grant [him] the

2

person a hearing which shall be held within a period of ten days

3

from the filing of charges in writing, unless continued by the

4

commission for cause at the request of the council or the

5

accused. Notwithstanding this provision, the failure of the

6

commission to hold a hearing within ten days from the filing of

7

the charges in writing shall not result in the dismissal of the

8

charges filed.

9

(b)  At any [such] hearing, the person against whom the

10

charges are made may be present in person and by counsel. The

11

council may suspend [any such] the person, without pay, pending

12

the determination of the charges against [him] the person, but

13

in the event the commission fails to uphold the charges, then

14

the person sought to be suspended, removed or [demoted] reduced

15

in rank shall be reinstated with full pay for the period during

16

which [he] the person was suspended, removed or [demoted]

17

reduced in rank, and no charges shall be officially recorded

18

against [his] the person's record. A stenographic record of all

19

testimony taken at [such] the hearings shall be filed with, and

20

preserved by, the commission, which record shall be sealed and

21

not be available for public inspection in the event the charges

22

are dismissed.

23

(c)  All parties concerned shall have immediate right of

24

appeal to the court of common pleas of the county, and the case

25

shall there be determined as the court deems proper. No order of

26

suspension made by the commission shall be for a longer period

27

than one year. [Such] The appeal shall be taken within [sixty] 

28

thirty days from the date of entry by the commission of its

29

final order and shall be by petition. Upon [such] the appeal

30

being taken and docketed, the court of common pleas shall fix a

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1

day for a hearing and shall proceed to hear the appeal on the

2

original record and [such] additional proof or testimony as the

3

parties concerned may desire to offer in evidence. The decision

4

of the court affirming or revising the decision of the

5

commission shall be final, and the employe shall be suspended,

6

discharged, [demoted] reduced in rank or reinstated in

7

accordance with the order of court.

8

(d)  The council and the person sought to be suspended,

9

removed or [demoted] reduced in rank shall at all times have the

10

right to employ counsel before the commission and upon appeal to

11

the court of common pleas. Unless the council or the person

12

sought to be suspended, removed or reduced in rank requests that

13

the proceedings before the commission be open to the public, the

14

proceedings before the commission pursuant to this section shall

15

be held in the nature of a closed executive session that shall

16

not be open to the public. Any such request shall be presented

17

to the commission before the civil service hearing commences.

18

The deliberations of the commission, including interim rulings

19

on evidentiary or procedural issues, may be held in private and

20

shall not be subject to a request for being open to the public,

21

the council or to the person sought to be suspended, removed or

22

reduced in rank. The commission's disposition of the

23

disciplinary action shall constitute official action which shall

24

occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7

25

(relating to open meetings).

26

Section 148.  Sections 1192 and 1193 of the act are amended

27

to read:

28

Section 1192.  Employes Exempted.--All appointments in the

29

police or fire forces of boroughs, including the chief of police

30

or equivalent official, prior to the creation of a commission,

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1

shall continue to hold their positions and shall not be required

2

to take any examination under the provisions of this

3

subdivision, except [such as] that which may be required for

4

promotion[: Provided, That], provided that this section shall

5

not be construed to apply to persons employed temporarily in

6

emergency cases.

7

Section 1193.  Discrimination on Account of Political or

8

Religious Affiliations.--No question in any form of application

9

for examination or in any examination shall be so framed as to

10

elicit information concerning the political or religious

11

opinions or affiliations of any applicant, nor shall inquiry be

12

made concerning [such] the opinion or affiliations and all

13

disclosures [thereof] of opinion or affiliation shall be

14

[discountenanced] ignored.

15

No discrimination shall be exercised, threatened or promised

16

by any person against or in favor of any applicant or employe

17

because of political or religious opinions or affiliations or

18

race, and no offer or promise or reward, favor or benefit,

19

directly or indirectly, shall be made to or received by any

20

person for any act done or duty omitted or to be done under this

21

subdivision [of this article].

22

Section 149.  Section 1194 of the act, amended June 25, 2001

23

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

24

Section 1194.  Penalty.--Any member of council who, by [his] 

25

vote, causes to be appointed any person to the police force or

26

as a fire apparatus operator contrary to the provisions of this

27

subdivision, or any member of council or member of the

28

commission who wilfully refuses to comply with, or conform to,

29

the provisions of [subdivision (j) of this article] this

30

subdivision, shall be deemed guilty of a misdemeanor, and upon

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1

conviction [thereof], shall be sentenced to pay a fine not

2

exceeding one hundred dollars ($100), or suffer imprisonment not

3

exceeding [three months] ninety days, or both.

4

Section 150.  Section 1195 of the act is reenacted to read:

5

Section 1195.  Police Force and Fire Apparatus Operators

6

Defined.--Police force as used in subdivision (j) of this

7

article shall mean a police force organized and operating as

8

prescribed by law, the members of which devote their normal

9

working hours to police duty or duty in connection with the

10

bureau, agencies and services connected with police protection

11

work, and who are paid a stated salary or compensation for such

12

work by the borough. Police force as used in this subdivision

13

shall not include:

14

(1)  Any special police appointed by the mayor to act in

15

emergencies,

16

(2)  Any person appointed solely for parking meter

17

enforcement duties,

18

(3)  Any special school police,

19

(4)  Any extra police serving from time to time or on an

20

hourly or daily basis, or,

21

(5)  Any auxiliary policeman appointed under the act of

22

January 14, 1952 (P.L.2016).

23

Fire apparatus operators as used in this subdivision (j) of

24

this article shall mean any person who operates fire apparatus

25

and devotes his normal working hours to operating any piece of

26

fire apparatus or other services connected with fire protection

27

work, and who is paid a stated salary or compensation for such

28

work done by the borough.

29

Section 150.1.  Article XI subdivision (k) heading of the act

30

is repealed:

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1

[(k)  Independent Auditor]

2

Section 151.  Section 1196 of the act, amended December 17,

3

1986 (P.L.1691, No.201), is repealed:

4

[Section 1196.  General Powers and Duties of Independent

5

Auditor.--(a)  The independent auditor shall annually examine,

6

audit and settle all accounts whatsoever in which the borough is

7

concerned and the audit shall consist of an examination in

8

accordance with generally accepted auditing standards and shall

9

include such tests of the accounting records and such other

10

auditing procedures as he considers necessary in the

11

circumstances.

12

(b)  The independent auditor shall audit the accounting

13

records of the borough for the fiscal year and shall prepare a

14

report on the examination which shall set forth:

15

(1)  The scope of his examination,

16

(2)  His opinion of the fairness of the presentation of the

17

financial statement of the borough which shall show a complete

18

statement of the financial condition of the borough, giving in

19

detail the actual indebtedness, the amount of the funded debt,

20

the amount of the floating debt thereof, the valuation of

21

taxable property therein, the assets of the borough with the

22

character and value thereof, and the date of maturity of the

23

respective forms of funded debt thereof, and

24

(3)  The amount of any balance or shortage or any expenditure

25

of any kind, or made in a manner, prohibited or not authorized

26

by a statute which came to his attention during the course of

27

his examination and which, in his opinion, causes a financial

28

loss to the borough which loss is material in relation to the

29

receipts and disbursements of the borough, and such amount shall

30

be a surcharge against any officer against whom such balance or

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1

shortage shall appear.

2

(c)  The amount of any balance or shortage, or of any

3

expenditure of a kind, or made in a manner, prohibited or not

4

authorized by statute, which causes a financial loss to the

5

borough, shall be a surcharge against any officer against whom

6

such balance or shortage shall appear, or who by vote, act, or

7

neglect, has permitted or approved such expenditure, but no

8

elected or appointed official of a borough shall be surcharged

9

for any act, error or omission in excess of the actual financial

10

loss sustained by the borough, and any surcharge shall take into

11

consideration as its basis the results of such act, error or

12

omission and the results had the procedure been strictly

13

according to law. The provisions hereof limiting the amount of

14

any surcharge shall not apply to cases involving fraud or

15

collusion on the part of officers, nor to any penalty enuring to

16

the benefit or payable to the Commonwealth.

17

(d)  In any matter involving any financial transaction, any

18

official knowingly and wilfully acting contrary to law, or,

19

knowingly and wilfully failing to act as required by law, is

20

guilty of a misdemeanor, and on conviction thereof, may be

21

sentenced to a fine not exceeding one hundred dollars ($100),

22

and his office may be forthwith declared vacant as may seem meet

23

and just to the court passing sentence.

24

(e)  It shall be the duty of the independent auditor:

25

(1)  To file a copy of the report with the secretary of the

26

borough and the clerk of the court of common pleas of the county

27

and the Department of Community Affairs not later than ninety

28

days after the close of the fiscal year, and

29

(2)  To publish within ten days thereafter, by advertisement

30

in at least one newspaper of general circulation in the borough,

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1

a concise financial statement setting forth the balance in the

2

treasury at the beginning of the fiscal year, all revenues

3

received during the fiscal year by major classifications, all

4

expenditures made during the fiscal year by major functions, and

5

the current resources and liabilities of the borough at the end

6

of the fiscal year, the gross liability and net debt of the

7

borough, the amount of the assessed valuation of the borough,

8

the assets of the borough with the character and value thereof,

9

the date of the last maturity of the respective forms of funded

10

debt, and the assets in each sinking fund. The independent

11

auditor shall make his report on the uniform form prepared

12

pursuant to article XIII of this act.

13

(f)  The compensation of the independent auditor shall be

14

determined by council and paid out of borough funds.]

15

Section 152.  Sections 1197, 1198 and 1199 of the act are

16

repealed:

17

[Section 1197.  Appeals From Report of Independent Auditor.--

18

Appeals may be taken from the settlement and audit of the

19

independent auditor as shown in the independent auditor's report

20

to the court of common pleas of the county, by the same persons,

21

in the same manner, within the same time, subject to the same

22

conditions and procedure, and with like effect in every respect,

23

as in this act provided in the cases of appeals from the

24

settlement and audit of elected auditors.

25

Section 1198.  Balances Due to be Entered as Judgments.--Any

26

balance, in any report of the independent auditor, against any

27

officer of the borough, shall constitute a surcharge against

28

such officer, as fully as if expressly stated in said report to

29

be a surcharge, and the amount of any such balance, and of any

30

express surcharge, shall, if no appeal is taken, or after an

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1

appeal has been finally determined, be entered by the

2

prothonotary as a judgment, against such officer and in favor of

3

the borough, the clerk of the court of quarter sessions shall

4

certify the amount of every balance or surcharge, contained in

5

any such report, from which no appeal has been taken within time

6

herein provided, to the court of common pleas, for entry thereof

7

by the prothonotary as a judgment. Any taxpayer of the borough

8

may enforce the collection thereof, for the benefit of the

9

borough, by action or execution, upon filing in the court of

10

common pleas a bond, in the sum of five hundred dollars ($500)

11

with one or more sureties, conditioned to indemnify the borough

12

from all costs which may accrue in the proceedings undertaken by

13

such taxpayer, subject, however, to all rights of appeal from

14

the report of independent auditors granted by this act. If any

15

person or persons have been, or shall be, surcharged for an

16

illegal purchase, and no fraud or collusion is shown and the

17

surcharge is paid to the borough, then the articles purchased

18

shall become the property of the person or persons surcharged.

19

Section 1199.  Employment of Attorney, Compelling Attendance

20

of Witnesses, Administration of Oath, Penalties and Settlement

21

of Accounts.--(a)  The independent auditor, with the consent of

22

the borough council, may employ an attorney whenever the same is

23

deemed advisable by him and the compensation of such attorney

24

shall be determined by the borough council and shall be payable

25

by the borough out of the general funds of the borough.

26

(b)  The independent auditor of each borough shall have power

27

to issue subpoenas to obtain the attendance of the officers

28

whose accounts he is required to adjust, their executors and

29

administrators, and of any persons whom it may be necessary to

30

examine as witnesses, and to compel their attendance. If any

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1

person shall refuse or neglect to appear or testify, the

2

independent auditor shall petition the court of common pleas of

3

the county to issue a subpoena to such person and to require him

4

to appear and to testify before the court. The court shall issue

5

such subpoena if it deems the testimony relevant to the issue.

6

(c)  The independent auditor shall have power to administer

7

oaths and affirmations to all persons brought or appearing

8

before him, whether accountants, witnesses, or otherwise. All

9

persons guilty of swearing or affirming falsely on such

10

examination shall be liable to the pains and penalties of

11

perjury.

12

(d)  If any person, appearing before such independent auditor

13

for examination, shall refuse to take such oath or affirmation,

14

or, after having been sworn or affirmed, shall refuse to make

15

answer to such questions as shall be put to him by the

16

independent auditor touching the accounts or the official

17

conduct of such public officers or any of them, then the

18

independent auditor may petition the court to issue its subpoena

19

as hereinbefore provided.

20

(e)  Witnesses, other than officers of the borough, attending

21

before the independent auditor and persons or officers serving

22

subpoenas shall be paid out of the borough treasury, upon orders

23

drawn on the borough treasury, pursuant to authorization by the

24

independent auditor, the same fees as are payable for rendering

25

similar services in civil proceedings before a justice of the

26

peace, and the amount thereof shall be made a part of the charge

27

against any officer who shall be charged by the independent

28

auditor with any balance: Provided, that any such costs shall

29

have been incurred in establishing said balance. Upon collection

30

of any such costs from any officer, they shall be repaid into

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1

the borough treasury.

2

(f)  If any person in possession of books, vouchers, or

3

papers, relative to public accounts before independent auditor,

4

shall refuse to produce the same or, if any officer whose

5

accounts are to be settled and adjusted by such independent

6

auditor refuses to attend or submit to examination as is

7

hereinbefore directed, the independent auditor may proceed, by

8

the examination of witnesses and other evidence, to ascertain

9

and settle as near as may be, the amount of public money

10

received by such officer and its application to public purposes

11

or otherwise.]

12

Section 153.  Article XII heading of the act is reenacted to

13

read:

14

ARTICLE XII

15

CORPORATE POWERS

16

Section 154.  Section 1201 of the act, amended June 28, 2011

17

(P.L.66, No.12), is renumbered and amended to read:

18

Section 1201.  General Powers.--A borough may:

19

(1)  Have succession perpetually by its corporate name.

20

(2)  Sue and be sued, and complain and defend in the courts

21

of the Commonwealth.

22

(3)  Make and use a common seal, and alter the same at

23

pleasure.

24

(4)  Purchase, exchange, acquire by gift, or otherwise, hold,

25

lease, let and convey, by sale or lease, [such] real and

26

personal property [as shall be] deemed to be to the best

27

interest of the borough, subject to the [following] 

28

restrictions, limitations or exceptions[:

29

(i)] as set forth in this article. Property may be acquired

<--

30

for any public purpose, including, but not limited to,

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1

greenways, greenbelts, recreational trails, buffer zones and

2

natural areas, in addition to any recreation purpose authorized

3

by this act.

4

Section 1201.1.  Real Property.--(a)  No real estate owned by

5

the borough [shall] may be sold except upon approval of council

6

by resolution. Additionally, no real estate owned by the borough

7

shall be sold for a consideration in excess of fifteen hundred

8

dollars ($1500), except to the highest bidder after due notice

9

by advertisement for bids or advertisement of a public auction

10

in one newspaper of general circulation [in the borough. Such].

11

The advertisement shall be published once not less than ten days

12

prior to the date fixed for the opening of bids or public

13

auction, and [such] the date for opening bids or public auction

14

shall be announced in [such] the advertisement. The award of

15

contracts shall be made only by public announcement at a regular

16

or special meeting of council or at the public auction. All bids

17

shall be accepted on the condition that payment of the purchase

18

price in full shall be made within sixty days of the acceptance

19

of bids. If no compliant bids are received after advertisement,

20

the applicable procedures in the act of October 27, 1979

21

(P.L.241, No.78), entitled, as amended, "An act authorizing

22

political subdivisions, municipality authorities and

23

transportation authorities to enter into contracts for the

24

purchase of goods and the sale of real and personal property

25

where no bids are received," shall be followed.

26

(b)  The borough council shall have the authority to reject

27

all bids if [such] the bids are deemed to be less than the fair

28

market value of the real property. In the case of a public

29

auction, the borough council may establish a minimum bid based

30

on the fair market value of the real property.

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1

(c)  Real estate owned by a borough may be sold at a

2

consideration of fifteen hundred dollars ($1500) or less without

3

advertisement or competitive bidding only after council

4

estimates the value thereof upon receipt of an appraisal by a

5

qualified real estate appraiser.

6

[(ii)] (d)  (1)  Notwithstanding the foregoing provisions of

7

this section, borough council shall have the authority to

8

exchange real property for real property of equal or greater

9

value without complying with the foregoing provisions of this

10

section, provided that the property being acquired by the

11

borough is to be used for municipal purposes. Municipal purposes

12

as used in this subsection include a subsequent sale or lease of

13

the property to any of the delineated entities listed in section

14

1201.3.

15

(2)  Any conveyance of real property acquired in an exchange

16

to an entity listed in section 1201.3 may contain a clause

17

whereby the lands and buildings will revert to the borough if

18

they are no longer being used for the purposes of the entity.

19

(3)  If borough council chooses to exercise its power of real

20

property exchange pursuant to this section, it shall be by

21

resolution adopted by council. Notice of the resolution,

22

including a description of the properties to be exchanged, shall

23

be published once in one newspaper of general circulation not

24

more than sixty days nor fewer than seven days prior to

25

adoption.

26

(4)  Participation in a real property exchange shall not

27

prohibit the application of the requirements of the act of

28

October 4, 1978 (P.L.851, No.166), known as the "Flood Plain

29

Management Act."

30

Section 1201.2.  Personal Property.--(a)  (1)  Except as

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1

otherwise hereinafter provided in the case of personal property

2

of an estimated fair market value of less than one thousand

3

dollars ($1,000), no borough personal property shall be disposed

4

of, by sale or otherwise, except upon approval of council, by

5

[ordinance or] resolution. In cases where council shall approve

6

a sale of [such] the property, it shall estimate the fair market

7

value of the entire lot to be disposed of. If council shall

8

estimate the fair market value to be one thousand dollars

9

($1,000) or more, the entire lot shall be advertised for sale

10

once, in at least one newspaper of general circulation [in the

11

borough], not less than ten days prior to the date fixed for the

12

opening of bids or public auction, and [such] the date of

13

opening of bids or public auction, shall be announced in [such] 

14

the advertisement, and sale of the property so advertised shall

15

be made to the best responsible bidder.

16

(2)  A public auction of personal property may be conducted

17

by means of an online or electronic auction sale. During an

18

electronic auction sale, bids shall be accepted electronically

19

at the time and in the manner designated in the advertisement.

20

During the electronic auction, each bidder shall have the

21

capability to view the bidder's bid rank or the high bid price.

22

Bidders may increase their bid prices during the electronic

23

auction. The record of the electronic auction shall be

24

accessible for public inspection. The purchase price shall be

25

paid by the high bidder immediately or at a reasonable time

26

after the conclusion of the electronic auction as determined by

27

council. In the event that shipping costs are incurred, they

28

shall be paid by the high bidder. A borough that has complied

29

with the advertising requirements of this section may provide

30

additional public notice of the sale by bids or public auction

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1

in any manner deemed appropriate by council. The advertisement

2

for electronic auction sales authorized in this [subclause] 

3

paragraph shall include the Internet address or means of

4

accessing the electronic auction and the date, time and duration

5

of the electronic auction.

6

(3)  Council may reject any bids received if the bids are

7

believed to be less than the fair market value of the property.

8

If no bids are received after advertisement, the applicable

9

procedures in the act of October 27, 1979 (P.L.241, No.78),

10

entitled, as amended, "An act authorizing political

11

subdivisions, municipality authorities and transportation

12

authorities to enter into contracts for the purchase of goods

13

and the sale of real and personal property where no bids are

14

received," shall be followed.

15

(b)  Council shall, by resolution, adopt a procedure for the

16

sale of surplus personal property, either individual items or

17

lots of items, of an estimated fair market value of less than

18

one thousand dollars ($1,000) and the approval of council shall

19

not be required for any individual sale that shall be made in

20

conformity to [such] the procedure.

21

[(iii)] (c)  The provisions of this [clause] section shall

22

not be mandatory where borough personal property is to be traded

23

in or exchanged for new [borough property] or used personal

24

property being acquired by the borough, except that the trade or

25

exchange shall be by resolution.

26

[(iv)] Section 1201.3.  Exceptions.--(a)  The provisions of

27

this [clause] article requiring advertising for bids or sale at

28

public auction and sale to the highest bidder shall not apply

29

where borough real or personal property is to be sold to:

30

[(A)] (1)  a county, city, borough, town, township,

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1

institution district, school district, volunteer fire company,

2

volunteer ambulance service or volunteer rescue squad located

3

within the borough;

4

[(A.1)] (2)  a council of government, consortium, cooperative

5

or other similar entity created pursuant to 53 Pa.C.S. Ch. 23 

6

(relating to intergovernmental cooperation);

7

[(B)] (3)  an authority as defined in 53 Pa.C.S. § 5602

8

(relating to definitions);

9

[(C)] (4)  a non-profit corporation engaged in community

10

development or reuse only upon entering into a written agreement

11

with the non-profit corporation that requires the property to be

12

used for industrial, commercial or affordable housing purposes.

13

This exemption shall not apply to property on which existing

14

governmental functions are conducted[;

15

(D)  where real property is to be sold to]. This exemption

16

shall also not apply to property owned and operated by the

17

borough or subcontracted or operated on behalf of the borough in

18

order to conduct existing government functions;

19

(5)  a person for [his] the person's exclusive use in an

20

industrial development program;

21

[(E)  where real property is to be sold to] (6)  a non-profit

22

corporation organized as a public library for its exclusive use

23

as a library;

24

[(F)  where real property is to be sold to] (7)  a non-profit

25

medical service corporation as authorized by clause [(76)] (50) 

26

of section 1202;

27

[(G)  where real property is to be sold to] (8)  a non-profit

28

housing corporation as authorized by clause [(77)] (51) of

29

section 1202;

30

[(H)  where real property is to be sold to] (9)  the

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1

Commonwealth or to the Federal Government; or

2

[(I)  where real property is to be sold to] (10)  a non-

3

profit museum or historical society for its exclusive use as a

4

non-profit museum or historical society.

5

[(v)] (b)  When real property is to be sold to a non-profit

6

corporation organized as a public library for its exclusive use

7

as a library or to a non-profit medical service corporation or

8

to a non-profit housing corporation, council may elect to accept

9

[such] nominal consideration for [such] the sale as it shall

10

deem appropriate.

11

[(vi)] (c)  Real property sold pursuant to this [clause] 

12

section to a volunteer fire company, volunteer ambulance service

13

or volunteer rescue squad, non-profit medical service

14

corporation or to a non-profit housing corporation shall be

15

subject to the condition that when the property is not used for

16

the purposes of the company, service, squad or the corporation

17

the property shall revert to the borough.

18

[(vii)  The exemption granted under subclause (iv)(C) shall

19

not apply to property owned and operated by the borough or

20

subcontracted or operated on the behalf of the borough in order

21

to conduct existing governmental functions.

22

(5)  To invest in or purchase bonds of any municipal

23

authority or parking authority created solely by the borough,

24

for the purpose either of investment or of possible retirement

25

of such bonds and acquisition of authority projects at an

26

earlier date than originally contemplated, using for the purpose

27

either surplus funds of the borough or money appropriated in the

28

annual budget for the purpose.]

29

Section 155.  Section 1202 of the act, amended or added

30

October 9, 1967 (P.L.399, No.181), November 24, 1967 (P.L.621,

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1

No.283), December 14, 1967 (P.L.727, No.336), June 30, 1969

2

(P.L.111, No.43), June 27, 1974 (P.L.412, No.145), December 19,

3

1975 (P.L.561, No.158), June 23, 1978 (P.L.530, No.89), October

4

4, 1978 (P.L.962, No.189), October 5, 1979 (P.L.197, No.66),

5

November 1, 1979 (P.L.453, No.90), May 9, 1980 (P.L.119, No.46),

6

December 11, 1986 (P.L.1499, No.158), March 30, 1988 (P.L.309,

7

No.40), July 10, 1990 (P.L.383, No.90), December 16, 1992

8

(P.L.1215, No.158), December 14, 1995 (P.L.652, No.71), December

9

18, 1996 (P.L.1156, No.176), June 22, 2000 (P.L.325, No.34),

10

June 25, 2001 (P.L.699, No.67), July 5, 2005 (P.L.44, No.13) and

11

March 17, 2008 (P.L.48, No.8) and repealed in part November 26,

12

1978 (P.L.1399, No.330), is amended to read:

13

Section 1202.  Specific Powers.--The powers of the borough

14

shall be vested in the [corporate authorities. Among the

15

specific powers of the borough shall be the following, and in] 

16

borough council. In the exercise of any [of such] specific 

17

powers involving the enactment of [any] an ordinance or the

18

making of any regulation, restriction or prohibition, the

19

borough may provide for [the] enforcement [thereof] and [may

20

prescribe] penalties for [the violation thereof or for the

21

failure to conform thereto] violations. The specific powers of

22

the borough shall include the following:

23

(1)  Fees for service of officers. To prescribe reasonable

24

fees for the services of their officers and to enforce the

25

payment of the same. This paragraph shall not be applicable to

26

the services rendered by borough police officers in responding

27

to motor vehicle accidents pursuant to 53 Pa.C.S. § 1392

28

(relating to prohibition of fees for police services).

29

(2)  Regulation of charges in the operation of its utilities,

30

parking meters, parking lots, recreational facilities or its

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1

other facilities and services to the public. In the operation of

2

its utilities, parking meters, parking lots, recreational

3

facilities, and other facilities and services, to make and

4

regulate charges therefor for general borough purposes.

5

(3)  Fines and forfeitures. To impose fines and penalties,

6

incurring partial or total forfeiture, or to remit the same.

7

(4)  Nuisances and dangerous structures. [To prohibit and

8

remove any obstruction or nuisance in the streets of the

9

borough.

10

(5)  Nuisances and dangerous structures.] To prohibit and

11

remove any nuisance or dangerous structure on public or private

12

grounds, including but not limited to accumulations of garbage

13

and rubbish [and], the storage of abandoned or junked

14

automobiles [and to prohibit and remove any dangerous structure

15

on public or private grounds, or to] and obstructions or

16

nuisances in the streets of the borough. The borough may require

17

the removal of any [such] nuisance or dangerous structure by the

18

owner or occupier of [such] the grounds, in default of which the

19

borough may cause the same to be done, and collect the cost

20

[thereof] of removal, together with a penalty of ten percent of

21

[such] the cost, in the manner provided by law for the

22

collection of municipal claims, or by action of assumpsit, or

23

may seek relief by bill in equity.

24

[(6)] (5)  Health and cleanliness regulations. To make such

25

regulations as may be necessary for the health, safety, morals,

26

general welfare and cleanliness and the beauty, convenience,

27

comfort and safety of the borough.

28

[(7)  Burial of deceased persons. To prohibit, within the

29

borough limits, or within any described territory within such

30

limits, the burial or interment of deceased persons.

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1

(8)] (6)  Regulation of vaults, cesspools and drains. To make

2

regulations respecting vaults, cesspools and drains.

3

[(9)] (7)  Manure and compost regulations. To make

4

regulations relative to the accumulation of manure, compost and

5

the like to the extent authorized by 3 Pa.C.S. Ch. 5 (relating

6

to nutrient management and odor management).

7

[(10)  Accumulations of garbage] (8)  Garbage and other

8

refuse material. (i)  To individually or jointly with other

9

municipal corporations pursuant to an agreement, prohibit

10

accumulations of garbage or other refuse material upon public

11

and private property and to [provide] make regulations for the

12

care, removal [of prohibited accumulations] and collection of

13

garbage or other refuse material[.], including:

14

(A)  To provide for the collection and imposition of

15

reasonable fees and charges for the collection of garbage and

16

other refuse material.

17

(B)  To erect, operate and maintain refuse disposal or

18

incineration facilities or sanitary landfills, either within or

19

without the limits of the borough, or provide other means for

20

the collection, destruction or removal of garbage and other

21

refuse material, and provide for the payment of the cost or

22

expense thereof, either in whole or in part, out of the funds of

23

the borough.

24

(C)  To purchase real estate for the purpose of erecting,

25

operating and maintaining refuse disposal or incineration

26

facilities or sanitary landfills, provided, however, that prior

27

to any acquisition of property pursuant to this paragraph the

28

borough shall, individually or jointly, as the case may be,

29

obtain the approval of the court of common pleas for the

30

location of the facilities or landfill after a hearing and

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1

subject to notice as the court shall require. If no objections

2

are heard at the hearing, the court shall approve the location.

3

If any objection is made, the court shall proceed to hear the

4

matter and determine whether the location is a detriment to

5

neighboring properties. The finding of the court shall be

6

conclusive, but in no way shall adjudicate any question relating

7

to damages for injury to property.

8

(D)  To take and appropriate real estate for purposes of

9

refuse disposals or incineration facilities or sanitary

10

landfills in accordance with Article XV if a purchase price

11

cannot first be agreed upon, provided, however, that no real

12

estate located outside the limits of the borough, or outside the

13

limits of the joint municipal corporations in the case of a

14

joint effort, shall be taken and appropriated if the real estate

15

currently contains or is being used for a refuse disposal or

16

incineration facility or a sanitary landfill.

17

(ii)  Regulations enacted pursuant to this section shall be

18

consistent with the act of July 7, 1980 (P.L.380, No.97), known

19

as the "Solid Waste Management Act," the act of July 28, 1988

20

(P.L.556, No.101), known as the "Municipal Waste Planning,

21

Recycling and Waste Reduction Act," and subject to any other

22

necessary Federal or State approval.

23

[(11)  Removal of garbage and other refuse material. To make

24

regulations for the care and removal of garbage and other refuse

25

material, including the imposition and collection of reasonable

26

fees and charges therefor.

27

(12)  Hogs. To prohibit the keeping of hogs within the

28

borough, or within any part of the borough.

29

(13)] (9)  Dogs, cats and other pets. To the extent not

30

otherwise prohibited by the act of December 7, 1982 (P.L.784,

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1

No.225), known as the "Dog Law," to destroy dogs found at large

2

contrary to laws of the Commonwealth; to prohibit or regulate,

3

by ordinance, the running at large of dogs, cats [and/or] or 

4

other pets, and, in the enforcement of [such] the regulations,

5

to direct the killing of dogs, cats [and/or] or other pets, or

6

their seizure and detention, prescribing reasonable charges for

7

their seizure and detention, and to provide for their sale for

8

the benefit of the borough, in default of the redemption

9

[thereof] of the pet by their owners.

10

[(14)] (10)  Livestock, fowls and [certain] all other

11

animals. To [prohibit and regulate, by ordinance,] enact

12

ordinances prohibiting or regulating the keeping or running at

13

large of livestock and fowls and any other animals not covered

14

in clause [(13) hereof] (9), and [to authorize] authorizing 

15

their seizure [and], detention, [prescribing] or, in the case of

16

unowned pigeons, humane destruction. The borough may prescribe 

17

reasonable charges [therefor, and to] for the seizure and

18

detention of the animals and provide for their sale for the

19

benefit of the borough, in default of the redemption [thereof] 

20

of the animals by their owners. Ordinances enacted pursuant to

21

this clause shall not unreasonably interfere with any

22

agricultural operation to the extent prohibited by applicable

23

State law.

24

[(15)  Pigeons. To authorize or provide for the destruction

25

or killing of unowned pigeons within the geographical limits of

26

the borough by any humane means.

27

(16)] (11)  Smoke regulations. To regulate the emission of

28

smoke from chimneys, smokestacks and other sources to the extent

29

the regulation is not otherwise prohibited by applicable Federal

30

or State law. This clause shall not apply to locomotive

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1

smokestacks.

2

[(17)] (12)  Street and sewer regulations; obstructions. To

3

regulate the streets, sewers, public squares, common grounds,

4

sidewalks, curbs, gutters, culverts and drains, and the heights,

5

grades, widths, slopes and their construction [thereof;] and to

6

prohibit the erection or construction of any building or other

7

obstruction to the convenient use of the same.

8

[(18)] (13)  Riding or driving on sidewalks. To prohibit or

9

regulate the riding [or], driving, parking or other passage of

10

[animals, or the passage of] any animal or vehicle, over, along

11

and across sidewalks. As used in this paragraph, the word

12

"vehicle" shall include any device in, upon or by which any

13

person or property may be transported, but not a self-propelled

14

wheelchair or an electrical mobility device operated by and

15

designed for the exclusive use of a person with a mobility-

16

related disability.

17

[(19)  Stands for cabs and other vehicles for hire. To

18

establish stands for cabs and other vehicles for hire, to

19

establish charges therefor, and to enforce the observance and

20

use thereof.

21

(20)] (14)  Disorderly conduct; disturbance of the peace;

22

ordinances. To adopt ordinances defining disorderly conduct

23

[and/or] or disturbing the peace within the limits of the

24

borough, and to provide for the imposition of penalties for

25

[such] the conduct in [such] amounts, without limitation except

26

as in this act provided, as council shall establish, and

27

notwithstanding any statutes of the Commonwealth upon disorderly

28

conduct [and/or] or disturbing the peace and the penalties

29

therefor.

30

(15)  Construction code, property maintenance code, fire

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1

prevention code and reserved powers. To adopt and enforce a

2

construction code, a property maintenance code, a fire

3

prevention code and exercise any additional reserved powers

4

pursuant to Article XXXII-A.

5

[(21)  Fire regulations; fire prevention codes by reference.

6

To make regulations, within the borough, or within such limits

7

thereof as may be deemed proper, relative to the cause and

8

management of fires and the prevention thereof. To enact and

9

enforce suitable fire prevention codes, and to provide for the

10

enforcement thereof by a suitable fine, and by instituting

11

appropriate actions or proceedings, at law or in equity, to

12

effect the purposes of this provision and ordinances thereunder.

13

Such fire prevention code shall not be advertised by publication

14

of the full text thereof, and, in place of such complete

15

advertisement, an informative notice of intention to consider

16

such proposed fire prevention code, and a brief summary, setting

17

forth the principal provisions of such proposed fire prevention

18

code in such reasonable detail as will give adequate notice of

19

its contents and a reference to the place or places within the

20

borough where copies of such proposed fire prevention code may

21

be examined or obtained shall be published once in one newspaper

22

of general circulation in the borough at least one week and not

23

more than three weeks prior to the presentation of the proposed

24

fire prevention code to council. No further advertisement or

25

notice need be published following enactment of the fire

26

prevention code.

27

The fire prevention code may be adopted by reference to a

28

standard fire prevention code, or to parts thereof, determined

29

by council, or the provisions of the code may be supplied by

30

reference to a typed or printed fire prevention code, prepared

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1

under the direction of or accepted by the council, or the

2

provisions may consist of a standard code, or parts thereof, and

3

also further provisions typed or printed as aforesaid. Copies of

4

the fire prevention code thus adopted by reference shall be made

5

available to any interested party at the cost thereof, or may be

6

furnished or loaned without charge. Such fire prevention code

7

need not be recorded in or attached to the ordinance book, but

8

it shall be deemed to have been legally recorded if the

9

ordinance by which such fire prevention code was adopted by

10

reference shall have been recorded, with an accompanying

11

notation stating where the full text of the fire prevention code

12

shall have been filed.

13

(22)] (16)  Prohibition of fire producing devices [in certain

14

retail stores] and smoking. To prohibit and regulate the smoking

15

or carrying of lighted cigarettes, cigars, pipes or matches, and

16

the use of matches or fire-producing devices[, in retail stores

17

arranged to accommodate one hundred persons or more or which

18

employ ten or more persons]. Any ordinance enacted or regulation

19

or resolution adopted under this clause shall not [prohibit] 

20

regulate smoking in [any restaurant, rest room, beauty parlor,

21

executive office or any room designated for smoking in such

22

store.] a manner that conflicts with the act of June 13, 2008

23

(P.L.182, No.27), known as the "Clean Indoor Air Act."

24

[(23)  Dangerous and inflammable articles, substances and

25

materials. To prohibit the manufacture, sale or storage of

26

inflammable or otherwise dangerous articles, substances or

27

materials; to prescribe the quantities of any such articles,

28

substances or materials that may be kept in any location and/or

29

building; and to prescribe such other safeguards as may be

30

necessary.]

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1

(17)  Fireworks and inflammable articles.

2

(i)  To, by ordinance, regulate and prohibit the manufacture

3

of fireworks or inflammable or dangerous articles.

4

(ii)  To grant permits for supervised public displays of

5

fireworks and adopt rules and regulations governing the

6

displays.

7

(iii)  To, by ordinance, adopt rules and regulations not

8

inconsistent with State regulations relating to the storage of

9

inflammable articles.

10

(iv)  To, by ordinance, impose other safeguards concerning

11

inflammable articles as may be necessary.

12

[(24)  Building, housing, property maintenance, plumbing and

13

other regulations. To enact and enforce ordinances relating to

14

buildings and housing, their construction, alteration,

15

extension, repair and maintenance and all facilities and

16

services in or about such buildings or housing, to require that,

17

before any work of construction, alteration, extension, or

18

repair of any building is begun, approval of the plans and

19

specifications therefor be secured; to provide for the

20

inspection of such work of construction, alteration, extension

21

and repair, including the appointment of one or more building

22

inspectors and/or housing inspectors; to prescribe limits

23

wherein none but buildings of noncombustible material and

24

fireproof roofs shall be erected, or substantially

25

reconstructed, or moved thereinto; to provide for enforcement of

26

such regulations by a reasonable fine, and by instituting

27

appropriate actions or proceedings at law, or in equity, to

28

effect the purposes of this provision and ordinances enacted

29

thereunder. Any building, housing or property, or part thereof

30

erected, altered, extended, reconstructed, removed or

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1

maintained, contrary to any of the provisions of any ordinance

2

passed for any of the purposes specified in this clause is

3

declared to be a public nuisance and abatable as such.

4

Any such ordinance may be adopted by reference to a standard

5

building code, housing code or other standard codes, or to parts

6

thereof, determined by council, or the provisions of the

7

ordinance may be supplied by reference to a typed or printed

8

building code, housing code or other standard codes, prepared

9

under the direction of or accepted by council, or the provisions

10

may consist of a standard building code, housing code or other

11

standard codes, or parts thereof, and also further provisions

12

typed or printed as aforesaid. Such building code, housing code

13

or other standard codes shall not be advertised either in

14

advance of or following enactment, by publication of the full

15

text thereof, and, in place of such complete advertisement, an

16

informative notice of intention to consider such proposed

17

building code, housing code or other standard codes, and a brief

18

summary, setting forth the principal provisions of such proposed

19

building code, housing code or other standard codes in such

20

reasonable detail as will give adequate notice of its contents

21

and a reference to the place or places within the borough where

22

copies of such proposed building code, housing code or other

23

standard codes may be examined or obtained shall be published

24

once in one newspaper of general circulation in the borough at

25

least one week and not more than three weeks prior to the

26

presentation of the proposed building code, housing code or

27

other standard codes to council. No further advertisement or

28

notice need be published following enactment of the building

29

code, housing code or other standard codes. Copies of the

30

building code, housing code or other standard codes thus adopted

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1

by reference shall be made available to any interested party at

2

the cost thereof, or may be furnished or loaned without charge.

3

Such building code, housing code or other standard codes need

4

not be recorded in or attached to the ordinance book, but it

5

shall be deemed to have been legally recorded if the ordinance

6

by which such building code, housing code or other standard

7

codes were adopted by reference shall have been recorded, with

8

an accompanying notation stating where the full text of such

9

building code, housing code or other standard codes shall have

10

been filed. The procedure set forth relating to the adoption of

11

the building code, housing code or other standard codes, by

12

reference, may likewise be adopted in amending, supplementing or

13

repealing any of the provisions of the building code, housing

14

code or other standard codes.

15

To enact suitable ordinances relating to property maintenance

16

and plumbing, in the same manner and to the same effect as

17

herein provided for building codes, housing codes or other

18

standard codes. The building code, the property maintenance

19

code, the housing code and the plumbing code may be combined or

20

separately enacted or combined with other standard codes.

21

Any ordinance previously enacted by a borough which provides

22

for the purposes authorized by this clause is hereby validated.

23

(25)] (18)  Numbering buildings. To require and regulate the

24

numbering of buildings and lots.

25

[(26)  Building lines. To establish and maintain uniform

26

building lines upon any or all streets of the borough.

27

(27)] (19)  Party wall and fence regulations. To make

28

regulations respecting partition fences and the foundations and

29

party walls of buildings.

30

(20)  Prohibition, licensing and regulation of business.

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1

(i)  In addition to licensing in accordance with Article

2

XXIX, council may prohibit, license and regulate by ordinance

3

the following:

4

(A)  Noxious and offensive businesses. Council may prohibit,

5

within the borough, the carrying on of any manufacture, art,

6

trade or business which may be noxious or offensive and

7

therefore prejudicial to the public health or safety of the

8

inhabitants.

9

(B)  Junk yards. Council may prohibit, regulate and license

10

the establishment and maintenance of junk yards, salvage yards

11

and other places used and maintained for the collection, storage

12

and disposal of used or second-hand goods and materials.

13

(C)  Market places. Council may:

14

(I)  regulate markets whether for individual use or for

15

resale;

16

(II)  purchase and own ground;

17

(III)  erect, establish and maintain market places for which

18

purposes parts of a street or sidewalk may be temporarily used;

19

(IV)  contract with a person or association of persons,

20

companies or corporations for the erection, maintenance and

21

regulation of market places, on terms and conditions, and in a

22

manner, as the council may prescribe;

23

(V)  provide and enforce suitable regulations respecting

24

market places;

25

(VI)  provide for the payment of the cost or expense of

26

market places, either in whole or in part, out of the funds of

27

the borough; and

28

(VII)  levy and collect a suitable license fee from every

29

person who may be authorized by council to occupy any portion of

30

market places, or any portion of the streets or sidewalks for

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1

temporary market purposes.

2

(ii)  Notwithstanding the enumeration in subparagraph (i),

3

boroughs may prohibit, license and regulate businesses unless

4

prohibited by law.

5

(21)  Zoning and land use regulations; building lines. To

6

plan for and regulate the development of the borough by:

7

(i)  establishing and maintaining uniform building lines upon

8

any or all borough streets pursuant to applicable law; and

9

(ii)  utilizing powers delegated by the Pennsylvania

10

Municipalities Planning Code, and other applicable laws by

11

adopting zoning, subdivision and land use and development

12

regulations.

13

[(28)  Noxious and offensive businesses. To prohibit, within

14

the borough, the carrying on of any manufacture, art, trade, or

15

business which may be noxious or offensive to the inhabitants.

16

(29)  Junk yards. To prohibit, regulate and license the

17

establishment and maintenance of junk yards, salvage yards and

18

other places used and maintained for the collection, storage and

19

disposal of used or second-hand goods and materials.

20

(30)  Regulating and prohibiting amusements. To regulate,

21

license, fix the time of opening and closing, or prohibit

22

theatrical exhibitions, amusements and dances, at which an

23

admission or other fee is charged, and other exhibitions; to

24

regulate, license and fix the time of opening and closing of

25

pool-rooms, billiard-rooms, shooting galleries, skating rinks

26

and bowling alleys.

27

(31)  Markets, market houses and peddling. To regulate

28

markets and peddling, whether for individual use or for resale;

29

and to purchase and own ground for and to erect, establish and

30

maintain market houses and market places, for which latter

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1

purposes, parts of any streets or sidewalks may be temporarily

2

used; to contract with any person or persons, or association of

3

persons, companies, or corporations, for the erection,

4

maintenance and regulation of market houses and market places,

5

on such terms and conditions, and in such manner, as the council

6

may prescribe; to provide and enforce suitable regulations

7

respecting said market houses and market places and to provide

8

for the payment of the cost or expense thereof, either in whole

9

or in part, out of the funds of the borough; and to levy and

10

collect a suitable license fee from every person who may be

11

authorized by council to occupy any portion of said market

12

houses or market places, or any portion of the streets or

13

sidewalks for temporary market purposes.

14

(32)  Creation of special funds; investments. To set aside in

15

a separate fund any moneys received out of or from the sale,

16

lease, or other disposition of any borough property or received

17

from any source other than taxation, unless such money was

18

received or acquired for a particular purpose. Such fund shall

19

be controlled, invested and administered, and the income arising

20

therefrom expended, in such manner as may be determined by

21

action of the council pursuant to the ordinance creating the

22

fund. Such ordinance may provide that only the income from such

23

fund may be used or expended, and that neither principal, not

24

any part thereof, may be used or expended unless upon

25

authorization of a majority vote of the qualified electors of

26

the borough. All ordinances heretofore enacted and ordained by

27

any borough, creating and establishing such a separate fund as

28

is authorized by this clause, shall be deemed and taken as valid

29

and effectual for all purposes: Provided, That all other

30

requirements of law concerning the enactment of the same have

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1

been complied with.

2

(33)] (22)  Creation of capital reserve fund for anticipated

3

capital expenditures. To create and maintain a separate capital

4

reserve fund for anticipated legal capital expenditures. The

5

money in the fund shall be used, from time to time, for the

6

construction, purchase or replacement of or addition to

7

municipal buildings, equipment, machinery, motor vehicles or

8

other capital assets of the borough and for no other purpose.

9

Council may appropriate moneys from the general borough funds

10

to be paid into the capital reserve fund or place in the fund

11

any moneys received from the sale, lease or other disposition of

12

any borough property or from any other source, unless received

13

or acquired for a particular purpose. The fund shall be

14

controlled, invested, reinvested and administered and the moneys

15

expended for any of the purposes for which the fund is created

16

in [such] a manner as may be determined by council. The money in

17

the fund, when invested, shall be invested in securities

18

designated by [law] 53 Pa.C.S. Pt. VII Subpt. B (relating to

19

indebtedness and borrowing) as legal investments for sinking

20

funds of municipalities.

21

This clause shall not be construed to limit the powers of the

22

borough to the use of moneys in the capital reserve fund in

23

making lawful capital expenditures.

24

(23)  Operating Reserve Fund. To create and maintain a

25

separate operating reserve fund from which appropriations may be

26

made to meet emergencies involving the health, safety and

27

welfare of the residents of the borough, to counterbalance

28

potential budget deficits resulting from shortfalls in

29

anticipated revenues or program receipts from whatever source,

30

or to provide anticipated operating expenditures related either

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1

to the planned growth of existing projects or programs or to the

2

establishment of new projects or programs if for a project or

3

program appropriations have been made and allocated to a

4

separate restricted account established within the operating

5

reserve fund. Council may annually make appropriations from the

6

general fund to the operating reserve fund, but no appropriation

7

shall be made to the operating reserve fund if the effect of the

8

appropriation would cause the fund to exceed five per centum of

9

the estimated revenues of the borough's general fund in the

10

current fiscal year. The operating reserve fund shall be

11

invested, reinvested and administered in a manner consistent

12

with the provisions of section 1316 relating to investment of

13

funds.

14

[(34)  Joint municipal agreements] (24)  Intergovernmental

15

Cooperation. To enter into agreements with other political

16

subdivisions, in accordance with existing laws, in making joint

17

purchases of materials, supplies or equipment and in performing

18

governmental powers, duties and functions and in carrying into

19

effect provisions of [law relating to said subjects which are

20

common to such political subdivisions] 53 Pa.C.S. Ch. 23 Subch.

21

A (relating to intergovernmental cooperation), and agreements

22

with the proper authorities of municipal corporations, regional

23

police or fire forces, or other public safety or governmental

24

entities created by two or more municipal corporations pursuant

25

to 53 Pa.C.S. Ch. 23 Subch. A, either for mutual aid or

26

assistance in police and fire protection or any other public

27

safety services, or for the furnishing to or, receiving from the

28

municipal corporations or governmental entities, police and fire

29

protection or any other public safety services, and to make

30

appropriations for public safety services. In connection with

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1

agreements for police or fire protection or any other public

2

safety services, it shall not be necessary to advertise for bids

3

or receive bonds as required for contracts under existing law.

4

When an agreement has been entered into, the police,

5

firefighters, fire police or any other public safety services of

6

the employing municipal corporation or governmental entity shall

7

have all the powers and authority conferred by law on police,

8

firefighters, fire police or any other public safety services in

9

the territory of the municipal corporation which has contracted

10

to secure the service.

11

[(35)  Joint contracts for police and fire protection. To

12

enter into contracts with the proper authorities of near or

13

adjacent cities, boroughs, or townships, either for mutual aid

14

or assistance in police and fire protection, or for the

15

furnishing to or, receiving from, such cities, boroughs, or

16

townships, aid and assistance in police and fire protection, and

17

to make appropriations therefor: Provided, That in connection

18

with such contracts, it shall not be necessary to advertise for

19

bids or receive bonds as required for other contracts under

20

existing law. When any such contract has been entered into the

21

police, firemen or fire police of the employing city, borough or

22

township shall have all the powers and authority conferred by

23

law on city, borough or township police, firemen, or fire police

24

in the territory of the city, borough or township which has

25

contracted to secure such service.

26

(36)] (25)  Insurance on property. To make contracts of

27

insurance, with any mutual or other fire insurance company,

28

association or exchange, duly authorized by law to transact

29

insurance business in the Commonwealth of Pennsylvania, on any

30

building or property owned or leased by the borough.

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1

[(37)] (26)  Other insurance.  (i)  Workers' compensation

2

insurance. To appropriate [such] an amount as may be necessary

3

to secure insurance or compensation in accordance with Article

4

VI of the act of June 2, 1915 (P.L.736, No.338), known as the

5

"Workers' Compensation Act," for:

6

(A)  volunteer [firemen] fire fighters of companies duly

7

recognized by the borough, by motion or resolution, killed or

8

injured while going to, returning from, or attending fires, or

9

while performing their duties as special fire police[.]; and

10

(B)  other borough employes as "employe" is defined in

11

section 601 of the "Workers' Compensation Act."

12

(ii)  Life and health insurance. To make contracts of

13

insurance with any insurance company, association or exchange,

14

authorized to transact business in the Commonwealth, insuring

15

borough employes, or any class or classes of employes, or mayor

16

and council, [or any class, or classes thereof,] or their

17

dependents, under a policy or policies of insurance covering

18

life, health, hospitalization, medical and surgical service

19

[and/or] or accident insurance[, and to].

20

(iii)  Pension contracts. To contract with [any such] an

21

insurance company, granting annuities or pensions, for the

22

pensioning of borough employes, or any class, or classes

23

[thereof] of employes, and to agree to pay part or all of the

24

premiums or charges for carrying [such] the contracts, and to

25

appropriate moneys from the borough treasury for such purposes.

26

(iv)  Liability insurance. To make contracts with any

27

insurance company, association or exchange, authorized to

28

transact business in this Commonwealth, insuring any public

29

liability of the borough, and to appropriate moneys from the

30

borough treasury for such purpose.

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1

(v)  Nothing in this clause shall affect any contract, right

2

or coverage of insurance vested or existing on the effective

3

date of this clause. Contract, as used in this clause, includes

4

an annuity contract, provided that the option to renew continues

5

to provide the same rights to the annuitant that existed on the

6

effective date of this clause.

7

[(38)  Contract with railways. To enter into contract with

8

any person or company, operating a street passenger railway,

9

surface, elevated, or underground, or furnishing motor

10

transportation, or leasing and operating the franchise and

11

property of such person or company, within the limits of the

12

borough, regulating the franchises, powers, duties and

13

liabilities of such persons or companies, and the respective

14

rights of the contracting parties. Such contracts may, inter

15

alia, provide for payments by the persons or companies to the

16

borough, in lieu of the performance of certain duties, or the

17

payment of license fees or charges imposed in favor of such

18

borough, or by the charters of any such companies, or by any

19

general law, or ordinances; for the appointment by the borough

20

of a certain number of persons to act as director of any such

21

company, in conjunction with the directors elected by the

22

stockholders of such company; and may further provide for the

23

ultimate acquisition by the borough, upon terms mutually

24

satisfactory, of the leaseholds, property and franchises of the

25

contracting persons or companies.

26

Subject to the approval of the Public Utility Commission, and

27

in order to secure the removal of any street railway tracks, or

28

to prevent the laying of any tracks authorized to be laid, or to

29

change the route of any street railway on any street to enter

30

into a contract with a street railway or motor power company,

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1

owning, leasing, or operating such tracks, for a period not to

2

exceed fifty years, for such considerations and upon such

3

conditions as may be agreed upon.

4

Such contract may include a covenant providing that, during

5

the continuance thereof, municipal consent shall not be granted

6

to any other company to use, for street railway or passenger

7

transportation purposes, any streets covered by such contract.

8

Such covenant may be enforced by bill in equity against the

9

borough. The contract may also provide for the laying or

10

relaying of tracks, upon such terms and upon such conditions as

11

may be agreed upon.]

12

(27)  Public transportation. To contract with a company

13

owning, leasing or operating a light rail or similar

14

transportation system, whether surface, elevated or underground,

15

within the limits of the borough, for the acquisition, leasing

16

or regulation of the franchises, property, powers, duties and

17

liabilities of the company for the purpose of providing public

18

transportation. A contract may provide that the companies may

19

make payments to the borough in lieu of the performance of

20

certain duties or may include a provision that municipal consent

21

shall not be granted to any other company for the same services

22

covered by the contract. A contract may also provide, subject to

23

any required approval by the Public Utility Commission and

24

consistent with the jurisdictional limits established under 49

25

U.S.C. (relating to transportation), for the laying,

26

installation or removal of tracks or lines, to prevent the

27

laying or installation of otherwise authorized tracks or lines,

28

or to change the route of any tracks or lines, for the

29

considerations and upon conditions as may be agreed upon.

30

Borough council may acquire, maintain and operate any existing

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1

inclined plane passenger transportation facilities and may

2

acquire or may establish vehicular feeder lines for those

3

facilities.

4

[(39)  Water supply. To provide a supply of water and to make

5

regulations for the protection of the pipes, reservoirs and

6

other constructions or apparatus; to prevent the waste of water

7

so supplied, and to regulate the drilling of wells within the

8

borough.

9

(40)] (28)  Community buildings and public facilities. To

10

acquire land or buildings by purchase [and own ground for, and],

11

gift, exchange or eminent domain, to erect[, establish, or

12

purchase] a building[, to be used] or to lease land or

13

buildings, within the borough limits, for community purposes, or

14

for public facilities such as comfort and waiting stations and

15

drinking fountains, and to erect watering troughs, and to

16

maintain the [same] public facilities; to provide for the

17

payment of [the] their cost [thereof], and the expense of [such] 

18

their maintenance either in whole or in part out of the funds of

19

the borough.

20

[(41)] (29)  Lockup. To provide a lockup for the temporary

21

detention of persons.

22

[(42)] (30)  Flags. To display the flag of the United States

23

of America, of the Commonwealth of Pennsylvania, the official

24

POW/MIA flag or the flag of any county, city, borough or other

25

municipality in the State, on the public buildings or grounds

26

and in public places of the borough.

27

[(43)  Comfort stations. To use land owned by the borough and

28

to acquire or lease land or land and buildings within the

29

borough limits, for the purposes of construction or of providing

30

comfort and waiting stations and drinking fountains and to

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1

maintain such public facilities; to contribute to the

2

maintenance of any such public facilities which may be located

3

in or upon property not owned or leased by the borough. The

4

damages accruing to abutting properties, by reason of any such

5

improvements constructed or provided by the borough, shall be

6

ascertained and collected in the manner provided in the laws

7

governing eminent domain.

8

(44)  Watering troughs. To erect and maintain watering

9

troughs.

10

(45)  Garbage and refuse disposal facilities. To erect,

11

operate and maintain garbage plants, either within or without

12

the limits of the borough, or to provide other means for the

13

collection, destruction, or removal of garbage and other refuse

14

material, and to provide for the payment of the cost or expense

15

thereof, either in whole or in part, out of the funds of the

16

borough.

17

(46)] (31)  Parking lots. To acquire by lease, purchase or

18

eminent domain any land which the [corporate authorities] 

19

borough council may deem necessary or desirable for the purpose

20

of establishing and maintaining parking lots, and to regulate

21

the use [thereof] of parking lots, and to regulate parking and

22

provide parking accommodations so as to promote the convenience

23

and protection of the public and to establish or designate, at

24

the discretion of the [corporate authorities] borough council,

25

areas exclusively reserved for parking by handicapped

26

individuals and to post signs regulating [such] the areas. The

27

right to regulate the use of the lots shall include the right to

28

impose fines and fees for violation of any law or ordinance

29

regulating parking. Regulation of parking lots shall be

30

consistent with 75 Pa.C.S (relating to vehicles) and the act of

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1

October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania

2

Human Relations Act."

3

[(47)  Inclined planes. To acquire by purchase, lease, or

4

otherwise, any existing inclined plane passenger and vehicular

5

traffic transportation facilities, and to maintain and operate

6

the same in the transportation of passengers and vehicles for

7

hire, and for the accommodation of the public, and in like

8

manner to acquire or to establish bus feeder lines, and to

9

maintain and operate the same in connection with such inclined

10

plane passenger and vehicular traffic transportation facilities.

11

(48)] (32)  Historical property. To acquire by purchase, or

12

by gift, and to repair, supervise, operate and maintain ancient

13

landmarks, and other property of historical or antiquarian

14

interest and to make appropriations to nonprofit associations or

15

corporations organized for the purpose of acquiring and

16

maintaining historical properties. [Such] The appropriations

17

shall only be used by the association or corporation for the

18

acquisition, restoration and maintenance of the historical

19

properties.

20

[(49)] (33)  Provisions against hazards of war, terrorism and

21

disasters. To [build or establish bomb shelters or assist in so

22

doing to] provide against all hazards of war, terrorism and

23

other disasters and their consequences; and for [all such] those 

24

purposes, to have the power of eminent domain, to cooperate with

25

any other unit and agency of government, Federal, State or

26

local, in every lawful way, for purposes of defense against the

27

hazards of war and terrorism and to further provide against the

28

hazards of manmade or natural disasters in conjunction with the

29

powers applicable to boroughs in 35 Pa.C.S. Pt. V (relating to

30

Emergency Management Services).

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1

[(50)  Street lighting. To provide street lights and to make

2

regulations for the protection thereof; and, upon the petition

3

of a majority of abutting property owners of the section

4

affected, to provide for the ornamental illumination of any

5

section of the borough and to collect the cost of the

6

installation of such illumination from the owners of property

7

fronting the streets upon which the same is installed by the

8

foot-front rule.

9

(51)] (34)  Towing [equipment]. To purchase vehicles and

10

other equipment necessary for the towing of motor vehicles,

11

tractors, trailers, recreational trailers and other vehicles

12

from highways, roads, streets, and public property of the

13

borough and to impose fees [therefor] for towing whenever [such] 

14

the towing equipment is used for the lawful removal of motor

15

vehicles, tractors, trailers, recreational trailers and other

16

vehicles from highways, roads, streets, and public property of

17

the borough [and/or] and to authorize or contract with [one or

18

more] commercial towers that agree to tow vehicles for a

19

negotiated price as the official towers for the borough for the

20

lawful removal of motor vehicles, tractors, trailers,

21

recreational trailers and other vehicles from highways, roads,

22

streets and public property of the borough in accordance with

23

Federal and State law and to impose fees in the same manner as

24

hereby authorized when the towing is performed with borough

25

vehicles and equipment. A commercial tower that agrees not to

26

charge in excess of the negotiated price and is otherwise

27

lawfully authorized to tow vehicles in accordance with Federal

28

and State law, shall be put on an official rotation list for the

29

borough if borough council provides for a list. This clause

30

shall apply only when the borough is requesting a vehicle to be

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1

towed. In all other cases, the owner or operator of a vehicle

2

shall be permitted to select and pay for the tower.

3

[(52)] (35)  Fire, rescue and life saving apparatus and

4

[houses] buildings. To purchase, or contribute to the purchase

5

of fire engines and fire apparatus, boats, rescue and life

6

saving equipment and supplies for the use of the borough[, and

7

to appropriate money to fire companies, rescue units and for the

8

construction, repair and maintenance of fire company and rescue

9

units houses, including the acquisition of land for such

10

purposes and, as set forth in this clause, for fire training

11

schools and centers.

12

The council may annually appropriate funds to fire companies

13

located within the borough for the training of its personnel,

14

and to lawfully organized or incorporated county or regional

15

firemen's associations or an entity created pursuant to the act

16

of July 12, 1972 (P.L.762, No.180), referred to as the

17

Intergovernmental Cooperation Law, to establish, equip, maintain

18

and operate fire training schools or centers] for fire, rescue

19

and life saving services including community ambulance service.

20

To appropriate money for fire companies and rescue units located

21

within the borough including for the construction, repair and

22

maintenance of buildings for fire companies and rescue units and

23

to acquire land for those purposes. Appropriations may include

24

funds to establish, equip, maintain and operate lawfully

25

organized or incorporated fire training schools within the

26

county or regional fire fighters' associations or an entity

27

created pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to

28

intergovernmental cooperation) for the purpose of giving

29

instruction and practical training in the prevention, control

30

and fighting of fire and related fire department emergencies to

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1

the members of fire departments and volunteer fire companies in

2

any city, borough or town within this Commonwealth. Annual

3

appropriations may also be made to an ambulance service, or

4

borough council may enter into contracts for use in providing

5

community ambulance service.

6

[(53)  Eminent domain for national guard purposes. To take,

7

by right of eminent domain, for the purpose of appropriating to

8

themselves for the use of the National Guard of Pennsylvania,

9

such public lands, easements, and public property, as may be in

10

their possession or control and used or held by them for any

11

other purpose. Such right, however, shall not be exercised as to

12

any street or wharf.

13

(54)  Lands for armory purposes. To acquire, by purchase or

14

by gift or by the right of eminent domain, any land for the use

15

of the National Guard of Pennsylvania; to convey such lands so

16

acquired to the Commonwealth of Pennsylvania in order to assist

17

the Armory Board in the erection of armories. The power

18

conferred by this clause shall not be exercised to take any

19

church property, graveyard, cemetery, or any dwelling-house or

20

the curtilage of the same in the actual occupancy of the owner.

21

(55)  Appropriation of money, et cetera, to assist in

22

erection of armories. To appropriate money or convey land,

23

either independently or in conjunction with any county, city,

24

town, borough, or other municipal division of the Commonwealth

25

of Pennsylvania for the purpose of assisting the Armory Board of

26

the Commonwealth in the erection of armories for the use of the

27

national guard; and to furnish water, sewer service, light, or

28

fuel, free of cost, to the Commonwealth for use in any armory of

29

the national guard; and to do all things necessary to accomplish

30

the purpose of this clause.

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1

(56)  Support of national guard units. To appropriate

2

annually a sum not exceeding seven hundred and fifty dollars

3

($750) for the support and maintenance, discipline and training

4

of any dismounted company or similar unit of the national guard,

5

and a sum not to exceed fifteen hundred dollars ($1500) for the

6

support and maintenance of any mounted or motorized troop or

7

similar unit of the national guard. Where such units are

8

organized as a battalion, regiment or similar organization, the

9

total amount due may be paid to the commanding officer of the

10

battalion, regiment or similar organization. Any moneys so

11

appropriated shall be paid by warrant drawn to the order of the

12

commanding officer of such company, battalion, regiment or

13

similar organization, only when it shall be certified to the

14

borough, by the Adjutant General of the State, that the said

15

company or companies have satisfactorily passed the annual

16

inspection provided by law. The moneys so appropriated shall be

17

used and expended solely and exclusively for the support and

18

maintenance, discipline and training of the said company,

19

battalion, regiment, or similar organization; and the commanding

20

officer shall account, by proper vouchers to the said borough

21

each year, for the expenditure of the money so appropriated, and

22

no appropriation shall be made for any subsequent year until the

23

expenditure of the previous year is duly and satisfactorily

24

accounted for.

25

The accounts of such expenditures shall be subject to the

26

inspection of the Department of Military Affairs, and shall be

27

audited by the Auditor General in the manner provided by law for

28

the audit of accounts of State moneys.

29

(57)  Appropriations to organizations of veterans and

30

American Gold Star Mothers. To appropriate annually a sum not

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1

exceeding five hundred dollars ($500) to be divided in such

2

amounts as council deems proper to organizations composed of

3

veterans of any war in which the United States was engaged or

4

the American Gold Star Mothers' Organization, to aid in

5

defraying the expenses of Memorial Day, Veterans' Day or any

6

similar day hereafter provided for by State or Federal law. Such

7

payments shall be made to defray actual expenses only. Before

8

any payment is made the organization receiving the same shall

9

submit verified accounts of its expenditures.

10

(58)  Payment of rent for veterans' organizations. By a two-

11

thirds vote of the council, to appropriate annually a sum not

12

exceeding five hundred dollars ($500) to be divided in such

13

amounts as council deems proper to incorporated organizations of

14

American veterans of any war in which the United States was

15

engaged, to be used in the payment of the rent of any building

16

or room or rooms in which such camps or post have their regular

17

meetings.

18

(59)  Rooms for veterans' and children of veterans'

19

organizations. Upon application therefor, to furnish to each

20

organization composed of American veterans of any war in which

21

the United States was engaged and children of such veterans, a

22

room or rooms in any public building of such borough, sufficient

23

for the meeting of each of such organizations at least once each

24

month; and in the case of municipally owned utilities, to

25

furnish service without charge to such rooms, and also to

26

buildings occupied by organizations of veterans of any war in

27

which the United States was engaged.

28

(60)  Care and erection of memorials. To take charge of, care

29

for, maintain and keep in good order and repair, at the expense

30

of the borough, any soldiers monument, gun, or carriage, or

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1

similar memorial situated in the borough, and not in the charge

2

or care of any person, body, or organization, and not put up or

3

placed by the Government of the United States, the Commonwealth

4

of Pennsylvania, or the commissioners of the county, or by the

5

direction or authority of any other State of the Union, and to

6

receive from any person or organization any moneys or funds

7

which can be used for the maintenance of such memorials, and to

8

expend the same; and to erect or contribute to the erection of,

9

memorials in honor of those who served in any war in which the

10

United States was engaged and thereafter to properly and

11

adequately maintain the same.

12

(61)  Appropriations for burial ground maintenance. To

13

appropriate annually, out of the general funds of the borough, a

14

sum not exceeding three thousand dollars ($3000) for the care,

15

upkeep, maintenance and beautifying of cemeteries, burial

16

grounds and private roads therein or leading thereto, lying

17

wholly or partly within the boundary limits of such borough, or

18

in the territory immediately adjacent to the borough.

19

(62)] (36)  Municipal music. To appropriate money for the

20

expense of municipal music.

21

[(63)] (37)  Purchase and planting of trees. To accept,

22

purchase and plant, or contribute to the purchasing and planting

23

of shade trees along the streets and sidewalks of the borough

24

and to have the care, custody and control of shade trees

25

pursuant to subdivision (d) of Article XXVII.

26

[(64)] (38)  Hospital appropriations. To appropriate moneys

27

for the support of any incorporated hospital which is engaged in

28

charitable work and extends treatment and medical attention to

29

residents of [such] the borough, but no [such] appropriation

30

shall exceed in any year the cost of free service extended to

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1

residents of the borough which is in excess of any amount paid

2

by the Commonwealth towards [such] free service.

3

[(64.1)] (39)  Building hospitals. To appropriate [not

4

exceeding one dollar ($1) per borough resident per year] moneys

5

toward the maintenance [and/or] and support of any medical

6

center or hospital building and further appropriate from [such] 

7

the funds toward the purchase [and/or] and erection of medical

8

or hospital facilities. Where the total cost of [such] the 

9

purchase or erection exceeds one hundred thousand dollars

10

($100,000), it will necessitate approval by the appropriate

11

health planning agency. [The number of residents shall be

12

determined from the latest decennial Federal census.]

13

[(65)] (40)  Community nurse services. To appropriate money

14

annually for the expense of community nurse services to any

15

nonprofit associations or corporations which provide community

16

nursing services for the elderly and other needy persons, the

17

control of communicable disease, the immunization of children,

18

the operation of child health centers (Well-Baby Clinics),

19

instructive visits to parents of new babies, beginning in the

20

prenatal period, and family health guidance, including

21

nutrition, detection and correction of defects all of which

22

relate to the responsibilities of local boards of health.

23

[(66)  Community ambulance service. To appropriate money

24

annually towards ambulance service and to enter into contracts

25

relating thereto. All appropriations of money heretofore made

26

and contracts heretofore entered into by any borough for

27

ambulance service are hereby validated and confirmed.

28

(67)] (41)  Appropriation for civic purposes. To appropriate,

29

in any year out of the general funds of the borough for the

30

observance of holidays or centennials or other anniversaries or

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1

for borough celebrations or other civic projects or programs.

2

[(68)] (42)  Appropriations for handling, storage and

3

distribution of surplus foods. To appropriate from borough funds

4

moneys for the handling, storage and distribution of surplus

5

foods obtained through either a local, State or Federal agency.

6

All appropriations of moneys heretofore made by any borough for

7

the handling, storage and distribution of surplus foods obtained

8

through either a local, State or Federal agency are hereby

9

validated.

10

[(69)] (43)  Appropriations for industrial promotions. To

11

make appropriations to an industrial development agency.

12

[(70)] (44)  Appropriations to tourist promotion agencies. To

13

appropriate money annually[, such amount of money but not in

14

excess of ten cents (10¢) for each resident of the borough, as

15

determined by the latest official census, which may be deemed

16

necessary], to any "tourist promotion agency," as defined in the

17

act of [April 28, 1961 (P.L.111), known as the "Tourist

18

Promotion Law,"] July 4, 2008 (P.L.621, No.50), known as the

19

"Tourism Promotion Act," to assist [such] the agencies in

20

carrying out tourist promotional activities.

21

[(71)] (45)  Appropriating money to assist [political

22

subdivisions and municipality] municipalities and municipal 

23

authorities for airports. To appropriate moneys to assist any

24

[city, borough, town, township or other political subdivision or

25

municipality] municipality or municipal airport authority to

26

acquire, establish, operate and maintain any and all air

27

navigation facilities lying either within or without the limits

28

of [such] the borough.

29

[(72)] (46)  Non-Debt revenue bonds. To issue non-debt

30

revenue bonds pursuant to provisions of [the Act of June 25,

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1

1941 (P.L.159), known as the "Municipal Borrowing Law," and its

2

amendments,] 53 Pa.C.S. Pt. VII Subpt. B (relating to

3

indebtedness and borrowing) to provide sufficient moneys for and

4

toward the acquisition, construction, reconstruction, extension

5

or improvement of municipal facilities, including water systems

6

or facilities, sewers, sewer systems and sewage disposal systems

7

or facilities, systems for the treatment or disposal of garbage

8

and refuse, gas plants or gas distribution systems for its own

9

municipal purposes, electric light or power plants or power

10

distribution systems, aeronautical facilities including but not

11

limited to airports, terminals and hangars and park and

12

recreational facilities and parking lots and facilities to be

13

secured solely by the pledge of the whole or part of the rent,

14

toll or charge for the use or services of [such] the facilities.

15

Included in the cost of the issue may be any costs and

16

expenses incident to construction and financing the facilities

17

and selling and distributing the bonds.

18

[(73)] (47)  Rewards for apprehension of certain criminals.

19

To offer rewards for the arrest and conviction of persons guilty

20

of capital or other crimes within the borough.

21

[(73.1)] (48)  Appropriations for Urban Common Carrier Mass

22

Transportation. To appropriate funds for urban common carrier

23

mass transportation purposes from current revenues and to make

24

annual contributions to county departments of transportation or

25

to urban common carrier mass transportation authorities to

26

assist the departments or the authorities to meet costs of

27

operation, maintenance, capital improvements, and debt service,

28

and to enter into long-term agreements providing for the payment

29

of the [said] contributions.

30

[(74)  General powers. To make and adopt all such ordinances,

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1

bylaws, rules and regulations not inconsistent with or

2

restrained by the Constitution and laws of this Commonwealth, as

3

may be expedient or necessary for the proper management, care

4

and control of the borough and its finances, and the maintenance

5

of peace, good government, safety and welfare of the borough and

6

its trade, commerce and manufactures.

7

(75)] (49)  To undertake community development programs,

8

including but not limited to urban renewal, public housing,

9

model cities programs and neighborhood development projects.

10

[(76)] (50)  Sale of real or personal property to non-profit

11

medical service corporation. To sell to a non-profit medical

12

service corporation borough-owned:

13

(i)  real property [to a non-profit medical service

14

corporation] for its exclusive use as a site for a medical

15

service facility; and

16

(ii)  personal property for use at the medical service

17

facility.

18

[(77)] (51)  Sale of real or personal property to non-profit

19

housing corporation. To sell to a non-profit housing corporation 

20

borough-owned:

21

(i)  real property [to a non-profit housing corporation] for

22

its exclusive use for housing for the elderly; and

23

(ii)  personal property for its use at the non-profit housing

24

corporation.

25

[(78)] (52)  Grants to nonprofit art corporations. To make

26

grants annually[, not exceeding an amount equal to one mill of

27

the real estate tax] to nonprofit art corporations for the

28

conduct of their artistic and cultural activities. For the

29

purposes of this section nonprofit art corporation shall mean a

30

local arts council, commission or coordinating agency, or any

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1

other nonprofit corporation engaged in the production or display

2

of works of art, including the visual, written or performing

3

arts. Artistic and cultural activities shall include the display

4

or production of theater, music, dance, painting, architecture,

5

sculpture, arts and crafts, photography, film, graphic arts and

6

design and creative writing.

7

[(79)] (53)  Appropriations for neighborhood crime watch

8

programs. To appropriate annually[, solely at the discretion of

9

the borough officials,] an amount toward a neighborhood crime

10

watch program. Notwithstanding any other provision of law, no

11

borough or official thereof shall become subject to contractual,

12

tort or other liability as a result of having made an

13

appropriation pursuant to this clause.

14

[(80)] (54)  Appropriations to Senior Citizens Organizations.

15

To appropriate funds for programs which benefit senior citizens,

16

or make grants to civic organizations which represent senior

17

citizens, provide services to senior citizens, or of which its

18

members are senior citizens.

19

[(81)] (55)  Appropriations to watershed associations. To

20

appropriate money to nonprofit watershed associations for

21

watersheds serving the borough. [Such appropriations] 

22

Appropriations may not be used to undertake litigation against

23

any [municipal corporation] municipality or to seek redress

24

against any individual landowner.

25

[(82)] (56)  Emergency services. The borough shall be

26

responsible for ensuring that fire and emergency medical

27

services are provided within the borough by the means and to the

28

extent determined by the borough, including the appropriate

29

financial and administrative assistance for these services. The

30

borough shall consult with fire and emergency medical services

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1

providers to discuss the emergency services needs of the

2

borough. The borough shall require any emergency services

3

organization receiving borough funds to provide to the borough

4

an annual itemized listing of all expenditures of these funds

5

before the borough may consider budgeting additional funding to

6

the organization.

7

(57)  Appropriations to conservation district. To appropriate

8

money to the conservation district, as defined in the act of May

9

15, 1945 (P.L.547, No.217), known as the "Conservation District

10

Law," in which the borough is located.

11

(58)  Mines and quarries. To require the owner, operator or

12

superintendent of every mine, colliery or quarry located wholly

13

or partially within the limits of the borough, to furnish to the

14

borough maps, plans and drawings of workings, excavations and

15

surface support as the council may require. In the case of coal

16

mines and collieries, the map or plan shall exhibit the workings

17

or excavations in every seam of coal on a separate sheet, and

18

the tunnels and passages connecting with the workings or

19

excavations. It shall show in degrees the general inclination of

20

the strata, with any material deflection in the strata in the

21

workings or excavations, and shall also show the tidal

22

elevations of the bottom of every shaft, slope, tunnel and

23

gangway, and of any other point in the mine or on the surface

24

where the elevation shall be deemed necessary by the borough.

25

The map or plan shall show the number of the last survey on the

26

gangways or the most advanced workings. Every owner, operator,

27

or superintendent, of a mine, colliery or quarry, shall update,

28

at least once every three months, the pertinent maps, plans and

29

drawings to reflect any extensions made in any mine, colliery or

30

quarry during the three preceding months, except those made

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1

within thirty days immediately preceding the time of placing the

2

extensions upon the map or drawing. A borough engineer,

3

assistant or other person authorized by council may enter and

4

survey any mine, colliery or quarry within the limits of the

5

borough, at all reasonable times, but not so as to impede or

6

obstruct the workings of the mine, colliery or quarry. The

7

owner, operator or superintendent of the mine, colliery or

8

quarry, shall furnish the means necessary for the entry, survey

9

and exit.

10

(59)  Assessment of benefits. To petition the court of common

11

pleas for the appointment of viewers to assess the total cost of

12

an improvement as set forth in Article XXI-A. The viewers shall

13

assess the total cost of the improvement, or so much of the cost

14

as may be just and reasonable, upon the lands or properties

15

peculiarly benefited.

16

(60)  Authority to purchase natural gas wells. To authorize

17

any borough to purchase, own, use, operate and control any

18

natural gas well or wells for the purpose of supplying natural

19

gas for its own municipal purposes.

20

(61)  Real estate registry. To establish, by ordinance, and

21

maintain a real estate registry for the purpose of procuring

22

accurate information in reference to the ownership of real

23

estate in the borough in a manner not inconsistent with the act

24

of October 9, 2008 (P.L.1400, No.110), known as the "Uniform

25

Municipal Deed Registration Act." Council shall designate a

26

person to have charge of the registry, who shall cause to be

27

made and carefully preserve all necessary books, maps and plans

28

as may show the location and ownership of every lot, piece of

29

real estate and subdivision thereof. For purposes of

30

establishing or maintaining the registry, the person in charge

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1

of the registry shall have access to public records without

2

charge. Information contained within a real estate registry

3

shall not affect the validity of any municipal claim or tax

4

claim of the borough. Nothing in this paragraph shall prohibit a

5

borough from requiring owners to provide information relevant to

6

the enforcement of any borough ordinance in accordance with law.

7

(62)  Authority to manufacture and supply electricity. To

8

manufacture, purchase or otherwise supply electricity pursuant

9

to Article XXIV-A, relating to manufacture and supply of

10

electricity.

11

(63)  Authority to provide telecommunications and cable

12

television services. To provide the following:

13

(i)  telecommunications services to the extent that provision

14

of services is not inconsistent with 66 Pa.C.S. Ch. 30 (relating

15

to alternative form of regulation of telecommunications

16

services); and

17

(ii)  cable television services in a manner consistent with

18

Federal law.

19

(64)  Underground conduits. To acquire, by purchase or

20

condemnation, or to construct, underground conduits within which

21

electrical, communication and other types of wires shall be

22

placed and to, by ordinance and subject to approval by the

23

Public Utility Commission, regulate the manner and terms and

24

conditions of the use of any underground conduits. Council may

25

define reasonable districts of the borough within which

26

underground conduits shall be used for the placement of wires

27

without the approval of the Public Utility Commission. The

28

powers reserved by this clause shall not be bartered away or

29

surrendered by the borough.

30

(65)  Actions for municipal claims. In addition to the

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1

remedies provided by law for the filing of liens for the

2

collection of municipal claims, including, but not limited to,

3

water rates, sewer rates and the removal of nuisances, to

4

proceed for the recovery and collection of claims by action of

5

assumpsit against the person or persons who were the owner or

6

owners of the property at the time of the completion of the

7

improvement, or at the time the water or sewer rates or the cost

8

of the removal of nuisances first became payable,

9

notwithstanding the fact that there was a failure on the part of

10

the borough, or its agents, to enter the municipal claim as a

11

lien against the property assessed for the improvement, or for

12

the furnishing of water or sewer services and for the removal of

13

nuisances and for the recovery of which the action of assumpsit

14

was brought. The action in assumpsit shall be commenced either

15

within six years after the completion of the improvement from

16

which the claim arises or within six years after the water or

17

sewer rates or the cost of abating a nuisance first became

18

payable.

19

Section 156.  The act is amended by adding a section to read:

20

Section 1203.  Reserved Powers.--The council may make and

21

adopt all ordinances, bylaws, rules and regulations not

22

inconsistent with or restrained by the Constitution of

23

Pennsylvania and laws of this Commonwealth as may be expedient

24

or necessary for the proper management, care and control of the

25

borough and its finances, and the maintenance of peace, good

26

government, safety and welfare of the borough and its trade,

27

commerce and manufactures.

28

Section 157.  Article XIII heading and section 1301 of the

29

act are reenacted to read:

30

ARTICLE XIII

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1

TAXATION AND FINANCE

2

Section 1301.  Fiscal Year.--The fiscal year of every borough

3

shall coincide with the calendar year, beginning January 1 and

4

ending December 31.

5

Section 158.  Section 1302 of the act, amended December 1,

6

2004 (P.L.1742, No.223), is amended to read:

7

Section 1302.  Tax Levy.--(a)  The council of the borough

8

shall have power, by ordinance, to levy and collect annually, a

9

tax, not exceeding thirty mills for general borough purposes,

10

unless the council by majority action shall, upon due cause

11

shown by resolution, petition the court of common pleas, in

12

which case the court may order a rate of not more than five

13

mills additional to be levied and in addition [thereto] any of

14

the following taxes:

15

(1)  An annual tax sufficient to pay interest and principal

16

on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII

17

Subpt. B (relating to indebtedness and borrowing) or any prior

18

or subsequent act governing the incurrence of indebtedness of

19

the borough;

20

(2)  To provide for pensions, retirement or the purchase of

21

annuity contracts for borough employes, not exceeding one-half

22

mill;

23

(3)  To defray the cost and expenses of caring for shade

24

trees as provided in section [2729 of this act] 2720.1, and the

25

expense of publishing the notice referred to in such section,

26

not exceeding one-tenth mill;

27

(4)  For lighting and illuminating the streets, highways and

28

other public places [with electric light, gas light or other

29

illuminant], not exceeding eight mills;

30

(5)  For gas, water and electric light, not exceeding eight

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1

mills, such additional millage permitted only following a

2

favorable referendum on the matter held in accordance with the

3

[act of April 16, 1875 (P.L.55), as amended] election laws of

4

this Commonwealth;

5

(6)  For the purchase of fire engines, fire apparatus and

6

fire hose for the use of the borough, or for assisting any fire

7

company in the borough in the purchase, renewal or repair of any

8

of its fire engines, fire apparatus or fire hose, for the

9

purposes of making appropriations to fire companies both within

10

and without the borough and of contracting with adjacent

11

municipalities or volunteer fire companies therein for fire

12

protection, for the training of fire personnel and payments to

13

fire training schools and centers or for the purchase of land

14

upon which to erect a fire house, or for the erection and

15

maintenance of a fire house or fire training school and center

16

or fire houses, not exceeding three mills.

17

(i)  The borough may appropriate up to one-half, but not to

18

exceed one mill, of the revenue generated from a tax under this

19

clause for the purpose of paying salaries, benefits or other

20

compensation of fire suppression employes of the borough or a

21

fire company serving the borough.

22

(ii)  If an annual tax for the purposes specified in this

23

clause is proposed to be set at a level higher than three mills,

24

the question shall be submitted to the voters of the borough,

25

and the county board of elections shall frame the question in

26

accordance with the election laws of the Commonwealth for

27

submission to the voters of the borough;

28

(7)  For building a fire house, fire training school and

29

center, lockup [and/or] or municipal building, not exceeding two

30

mills, such additional millage permitted only following a

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1

favorable referendum on the matter held in accordance with the

2

[act of May 4, 1927 (P.L.673)] election laws of this

3

Commonwealth;

4

(8)  To establish [and/or] and maintain a local library or to

5

maintain or aid in the maintenance of a local library

6

established by deed, gift or testamentary provision, for the use

7

of the residents of the borough, in accordance with the act of

8

June 14, 1961 (P.L.324, No.188), known as The Library Code.

9

(9)  For the purpose of supporting ambulance, rescue and

10

other emergency services serving the borough, not to exceed one-

11

half mill, except as provided in subsection (e). The borough may

12

appropriate up to one-half of the revenue generated from a tax

13

under this clause for the purpose of paying salaries, benefits

14

or other compensation of employes of the ambulance, rescue or

15

other emergency service.

16

(b)  The [said] taxes shall be levied on the dollar on the

17

valuation assessed for county purposes, as now is or may be

18

provided by law. All real property, offices, professions and

19

persons, made taxable by the laws of this Commonwealth for

20

county rates and levies, may, in the discretion of council, be

21

taxed after the same manner for such purposes. No action on the

22

part of the borough authorities fixing the tax rate for any year

23

at a mill rate need include a statement expressing the rate of

24

taxation in dollars and cents on each one hundred dollars ($100)

25

of assessed valuation of taxable property.

26

(c)  Nothing [herein] contained in this section shall prevent

27

the application of moneys received from taxes levied for general

28

purposes to the purposes of paying interest and sinking fund

29

charges on indebtedness.

30

(d)  The proceeds of all taxes for which additional millage

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1

is hereby authorized shall be kept in a separate fund and used

2

only for the purposes hereby provided [therefor: Provided,

3

That], provided that the additional taxes authorized by

4

referendum shall continue to be levied annually for so long a

5

period as provided in the question submitted in [such] the 

6

referendum, and, in the case of any [such] taxes for which the

7

question voted upon shall not have stated the duration of [such] 

8

the tax, until [such] the tax shall be abolished by vote of the

9

electors in a subsequent referendum.

10

(e)  The tax for supporting ambulance and rescue squads

11

serving the borough shall not exceed the rate specified in

12

subsection (a)(9) except when the question is submitted to the

13

voters of the borough in the form of a referendum which will

14

appear on the ballot in accordance with the election laws of the

15

Commonwealth, in which case the rate shall not exceed two mills.

16

The county board of elections shall frame the question to be

17

submitted to the voters of the borough in accordance with the

18

election laws of the Commonwealth.

19

Section 159.  Section 1302.1 of the act, added November 24,

20

1998 (P.L.827, No.108), is amended to read:

21

Section 1302.1.  Different and Separate Tax Levies.--(a)  A

22

borough may in any year levy separate and different rates of

23

taxation for municipal purposes on all real estate classified as

24

nonfarmland, exclusive of the buildings thereon, and on all real

25

estate classified as either buildings on land or farmland. When

26

real estate tax rates are so levied:

27

(1)  The rates shall be determined by the requirements of the

28

borough budget.

29

(2)  A higher rate may be levied on real estate classified as

30

nonfarmland than on real estate classified as either buildings

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1

on land or farmland if the respective rates on nonfarmland and

2

on buildings or farmland are so fixed as not to constitute a

3

greater levy in the aggregate than the levy to result from the

4

maximum rate allowed by law on all real estate.

5

(3)  The rates shall be uniform as to all real estate within

6

the classification.

7

(b)  For purposes of this section:

8

(1)  "Farmland" shall include any tract of land that is

9

actively devoted to agricultural use, including, but not limited

10

to, the commercial production of "crops, livestock and livestock

11

products" as defined in section 3 of the act of June 30, 1981

12

(P.L.128, No.43), known as the "Agricultural Area Security Law."

13

(2)  "Nonfarmland" shall include any tract of land that is

14

not farmland.

15

(c)  [The] Notwithstanding section 104, the provisions of

16

this section are nonseverable. If any provision of this [act] 

17

section or its application to any person or circumstance is held

18

invalid, the remaining provisions or applications of this [act] 

19

section are void.

20

Section 160.  Section 1303 of the act, repealed in part April

21

28, 1978 (P.L.202, No.53), is amended to read:

22

Section 1303.  Special Levy to Pay Debts.--In addition to the

23

levies provided for in the preceding section, when it shall be

24

shown to the court that the [corporate authorities refuse or

25

neglect] borough council refuses or neglects to levy a

26

sufficient tax to pay the debts due by the borough, the court

27

may, after ascertaining the amount of [such] the indebtedness of

28

the borough, direct a writ of mandamus to the proper officers of

29

[such] the borough to collect by special taxation an amount

30

sufficient to pay the same in one or more annual [instalments] 

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1

installments, as may be adjudged reasonable by [said] the court,

2

during such years as may be required for the payment of the

3

same.

4

Section 161.  Sections 1304 and 1305 of the act are amended

5

to read:

6

Section 1304.  Special Road Fund Tax.--Any borough shall be

7

empowered, within its general power to levy taxes, to collect

8

annually a tax upon all property taxable for borough purposes

9

not to exceed five mills on the dollar in any one year, for the

10

purpose of creating and maintaining a special fund, to be used

11

by its borough in making permanent street improvements, and to

12

pay contract prices for paving and other permanent street

13

improvements, prior to the collection of the cost and expense or

14

any part thereof from the property owners adjoining or abutting

15

thereon by the borough under existing laws.

16

When the cost and expense, or any part [thereof,] of the cost

17

and expense of the construction of any permanent street

18

improvement, which has been made under existing laws, and which

19

has been aided in its construction from the [said] special fund

20

[hereby provided for] provided for under this section, shall

21

have been assessed and collected from the owners of the property

22

adjoining or abutting upon [such] the improvement, it shall be

23

applied to the credit of the [said] special fund, to the extent

24

of the withdrawal [therefrom for such] from the special fund for

25

that purpose.

26

Section 1305.  Date Tax Duplicate to Issue.--[The corporate

27

authorities of the borough] Borough council shall, within thirty

28

days after adoption of the budget or within thirty days after

29

receipt of the assessment roll from the county, whichever is

30

later, issue their duplicate of taxes assessed to the collector

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1

of taxes of the borough.

2

Section 162.  Section 1306 of the act, amended July 22, 1970

3

(P.L.549, No.188), is amended to read:

4

Section 1306.  Additions and Revisions to Duplicates.--

5

Whenever in any borough, there is any construction of a building

6

or buildings not otherwise exempt as a dwelling after the

7

borough council has prepared a duplicate of the assessment of

8

borough taxes and the building is not included in the tax

9

duplicate of the borough, the [authority responsible for

10

assessments in the borough] county assessment office shall, upon

11

the request of the borough council, direct the assessor in the

12

[borough] county assessment office to inspect and reassess,

13

subject to the right of appeal and adjustment provided by the

14

act of assembly under which assessments are made, all taxable

15

property in the borough to which major improvements have been

16

made after the original duplicates were prepared, and to give

17

notice of such reassessments within ten days to the authority

18

responsible for assessments, the borough and the property owner.

19

The property shall then be added to the duplicate and shall be

20

taxable for borough purposes at the reassessed valuation for

21

that proportionate part of the fiscal year of the borough

22

remaining after the property was improved. Any improvement made

23

during the month shall be computed as having been made on the

24

first of the month. A certified copy of the additions or

25

revisions to the duplicate shall be furnished by the borough

26

council to the borough tax collector, together with their

27

warrant for collection of the same, and within ten days

28

thereafter, the borough tax collector shall notify the owner of

29

the property of the taxes due the borough.

30

Section 163.  Sections 1307 and 1308 of the act are amended

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1

to read:

2

Section 1307.  Preparation of Budget.--Beginning at least

3

thirty days prior to the adoption of the budget a proposed

4

budget or annual estimate of revenues and expenditures for the

5

ensuing year shall be prepared in a manner designated by the

6

council. [The budget shall be prepared on a uniform form

7

prepared and furnished as hereinafter provided.] The proposed

8

budget shall be kept on file with the borough secretary and [by

9

him] be made available for public inspection by the borough

10

secretary for a period of ten days.

11

Section 1308.  Notice of Proposed Budget; Penalty.--(a)  

12

Notice that the proposed budget is available for inspection

13

shall be published by the borough secretary in a newspaper of

14

general circulation [in the borough], except in boroughs where

15

the estimated budget receipts are less than [five thousand

16

dollars ($5000)] fifty thousand dollars ($50,000) in the year in

17

which this amendment is enacted, where in lieu of such newspaper

18

publications, notice may be conspicuously posted during the ten

19

day period, in a place readily viewable by the public at the

20

office of the borough secretary and with such further notice as

21

shall be prescribed by council.

22

(b)  Failure to give the notice herein required shall not

23

invalidate the budget adopted or the tax ordinance. Any borough

24

secretary who shall fail or refuse to give the notice that the

25

proposed budget is available for inspection, as herein required,

26

shall, upon conviction [thereof] in a summary proceeding, be

27

sentenced to pay a fine not exceeding one hundred dollars ($100)

28

and costs of prosecution.

29

Section 164.  Section 1309 of the act is reenacted to read:

30

Section 1309.  Revision and Completion of Budget.--After the

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1

expiration of the said ten days, council shall make such

2

revision in the budget as shall be deemed advisable. The budget

3

shall be as comprehensive and exact as the information available

4

will admit. In addition to expenditures proposed for the current

5

fiscal year, council may include as proposed expenditures a sum

6

sufficient to pay any existing indebtedness and to pay the

7

ordinary operating expenses for the subsequent year until the

8

taxes of the subsequent year are received therefor, and may also

9

include a sum to provide in whole or in part for any deferred

10

maintenance, depreciation and replacements. Within the tax levy

11

and debt limitations, council may also include, in whole or in

12

part, expenditures for capital investments and purchases.

13

Expenditures of a legislative character shall be made,

14

authorized or ratified by ordinance. Other expenditures allowed

15

by law may be made or ratified by motion in council. Such

16

expenditures, whether by ordinance or motion, shall then be

17

considered as appropriations affecting the budget. Any balance

18

of revenues over expenditures may be expended in any subsequent

19

year for any lawful purpose.

20

Section 165.  Section 1310 of the act, amended June 22, 2000

21

(P.L.325, No.34), is amended to read:

22

Section 1310.  Adoption of Budget[; Tax Ordinance].--Upon

23

completion of the budget, containing the estimated receipts and

24

expenditures, [and its adoption] the borough council shall adopt

25

the budget by motion [in] of the borough council, which shall

26

not be later than December thirty-first[, it shall be the duty

27

of the council to adopt an ordinance levying the taxes referred

28

to in this act for the fiscal year for approval of the mayor or

29

passage over his veto].

30

Section 166.  The act is amended by adding a section to read:

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1

Section 1310.1.  Tax Ordinance.--After borough council has

2

adopted the budget, it shall be the duty of the borough council

3

to enact an ordinance levying the taxes referred to in this act

4

for the fiscal year subject to approval of the mayor or

5

enactment over the mayor's veto pursuant to the procedure

6

established in section 3301.3(c).

7

Section 167.  Section 1311 of the act, amended June 22, 2000

8

(P.L.325, No.34), is amended to read:

9

Section 1311.  Amending Budget; Notice.--During the month of

10

January next following any municipal election the council of any

11

borough may amend the budget and the levy and tax rate to

12

conform with its amended budget. A period of ten days' public

13

inspection at the office of the borough secretary of the

14

proposed amended budget after notice by the borough secretary to

15

that effect is published once in a newspaper [as provided in

16

section 109 of this act] of general circulation, shall intervene

17

between the proposed amended budget and the adoption thereof.

18

Any amended budget must be adopted by council on or before the

19

fifteenth day of February.

20

Section 168.  Sections 1312 and 1313 of the act are reenacted

21

to read:

22

Section 1312.  Modification of Budget; Supplemental

23

Appropriations and Transfers.--The council in its reasonable

24

discretion may, in any year, by motion, modify the budget after

25

its final adoption. New appropriations, supplementary

26

appropriations and transfers from one appropriation to another

27

may be made during the fiscal year, either before or after the

28

expenditure is authorized or ratified after the expenditure is

29

made, provided it is within the current year's revenues, or the

30

money therefor promptly made available through borrowing as

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1

allowed by law.

2

Section 1313.  Payment from Borough Funds.--All payments made

3

by the council of any borough from the borough funds shall be

4

made by proper borough orders, drawn upon the treasurer; no

5

borough order shall be authorized by council or signed by the

6

president or secretary of any council unless there are

7

sufficient funds in the treasury of the borough to pay the same,

8

and no orders shall be made payable at any time in the future or

9

draw interest. A separate borough order shall be drawn for each

10

account or payment.

11

Section 169.  The act is amended by adding a section to read:

12

Section 1313.1.  Creation of Special Funds; Investments.--

13

Borough council may set aside in a separate fund any moneys

14

received out of or from the sale, lease or other disposition of

15

any borough property or received from any source unless such

16

money was received or acquired for a particular purpose. The

17

fund shall be controlled, invested and administered, and the

18

income arising therefrom expended, in the manner as may be

19

determined by action of the council pursuant to the ordinance

20

creating the fund. The ordinance may provide that only the

21

income from the fund may be used or expended, and that neither

22

principal, nor any part thereof, may be used or expended unless

23

upon authorization of a majority vote of the qualified electors

24

of the borough. All ordinances previously enacted by any

25

borough, creating and establishing a separate fund as is

26

authorized by this section, shall be deemed and taken as valid

27

and effectual for all purposes provided that all other

28

requirements of law concerning the enactment of the same have

29

been complied with.

30

Section 170.  Section 1314 of the act, amended June 22, 2000

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1

(P.L.325, No.34), is amended to read:

2

Section 1314.  Uniform Financial Report; Forms.--The uniform

3

forms for the annual financial statement required to be made by

4

the auditors or the controller shall be prepared by a committee

5

consisting of four representatives from the Pennsylvania State

6

Association of Boroughs, [and] the Secretary of Community and

7

Economic Development, or [his agent] the secretary's designee

8

and any additional members appointed pursuant to statute.

9

[Such] The representatives of boroughs shall be appointed by

10

the president of the [organization. Such] Pennsylvania State

11

Association of Boroughs. The representatives shall be chosen

12

from among the finance officers or other officers of the borough

13

who have knowledge of their fiscal procedures. As far as

14

possible, they shall be chosen to represent boroughs in the

15

various population groups. The president of the organization

16

shall supply to the Department of Community and Economic

17

Development the names and addresses of [such] the

18

representatives immediately upon their appointment.

19

[Such] The representatives shall serve without compensation,

20

but shall be reimbursed by the Commonwealth for all necessary

21

expenses incurred in attending meetings of the committee. The

22

committee shall meet from time to time as conditions may warrant

23

at the call of Secretary of Community and Economic Development,

24

or [his agent] the secretary's designee, who shall serve as

25

[chairman] chair of the committee.

26

It shall be the duty of the Secretary of Community and

27

Economic Development, or [his agent] the secretary's designee,

28

to see to it that the forms required by this article are

29

prepared in cooperation with [such] the committee. In the event

30

that the committee should for any reason fail to furnish such

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1

cooperation, the Secretary of Community and Economic

2

Development, or [his agent] the secretary's designee, shall

3

prepare the forms. After their preparation, [he] the secretary 

4

shall issue [such] the forms and distribute them annually, as

5

needed to the proper officers of each borough.

6

Section 171.  Section 1315 of the act is amended to read:

7

Section 1315.  Capital Improvements to Certain Public Service

8

Facilities.--(a)  For the purpose of financing the cost and

9

expense or its share of the cost and expense of capital

10

improvements by altering, improving or enlarging (i) its sewer,

11

sewer system or sewage treatment works, either singly or

12

jointly, with other municipalities [or townships, or both], or

13

(ii) its water works, either singly or jointly, with other

14

municipalities [or townships, or both], or (iii) its electric

15

light or power plant or power distribution system, or (iv) its

16

gas plant or gas distribution system for its own municipal

17

purposes, including the purchase and installation of machinery

18

and equipment, any borough owning any such plant or facility may

19

issue non-debt revenue bonds as provided in clause [(72)] (46) 

20

of section 1202 of this act.

21

(b)  Any borough issuing non-debt revenue bonds under the

22

authority of this section shall adjust and, where necessary,

23

increase the rates of rentals or charges pledged as security for

24

the bonds, in order to provide sufficient revenue which shall be

25

set aside as reserve funds to cover depreciation of the

26

properties involved, and for future improvements to the plant or

27

facility involved, as well as for the payment of the interest on

28

the bonds and the principal at the time of maturity.

29

Section 172.  Section 1316 of the act, amended or added

30

November 2, 1979 (P.L.458, No.94) and December 13, 1982

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1

(P.L.1145, No.261), is amended to read:

2

Section 1316.  Investment of Funds.--(a)  Council shall

3

invest borough funds consistent with sound business practice.

4

(b)  Council shall provide for an investment program subject

5

to restrictions contained in this act and in any other

6

applicable statute and any rules and regulations adopted by

7

council.

8

(c)  Authorized types of investments for borough funds shall

9

be:

10

(i)  United States Treasury bills.

11

(ii)  Short-term obligations of the United States Government

12

or its agencies or instrumentalities.

13

(iii)  Deposits in savings accounts or time deposits, other

14

than certificates of deposit, or share accounts of institutions

15

insured by the Federal Deposit Insurance Corporation [or the

16

Federal Savings and Loan Insurance Corporation] or the National

17

Credit Union Share Insurance Fund [or the Pennsylvania Deposit

18

Insurance Corporation or the Pennsylvania Savings Association

19

Insurance Corporation] to the extent that such accounts are so

20

insured, and, for any amounts above the insured maximum,

21

provided that approved collateral as provided by law therefore

22

shall be pledged by the depository.

23

(iv)  Obligations of the United States of America or any of

24

its agencies or instrumentalities backed by the full faith and

25

credit of the United States of America, the Commonwealth of

26

Pennsylvania or any of its agencies or instrumentalities backed

27

by the full faith and credit of the Commonwealth, or of any

28

political subdivision of the Commonwealth of Pennsylvania or any

29

of its agencies or instrumentalities backed by the full faith

30

and credit of the political subdivision.

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1

(v)  Shares of an investment company registered under the

2

Investment Company Act of 1940, whose shares are registered

3

under the Securities Act of 1933, provided that the only

4

investments of that company are in the authorized investments

5

for borough funds listed in (i) through (iv).

6

(vi)  Certificates of deposit purchased from institutions

7

insured by the Federal Deposit Insurance Corporation [or the

8

Federal Savings and Loan Insurance Corporation] or the National

9

Credit Union Share Insurance Fund [or the Pennsylvania Deposit

10

Insurance Corporation or the Pennsylvania Savings Association

11

Insurance Corporation] to the extent that such accounts are so

12

insured. However, for any amounts above the insured maximum,

13

such certificates of deposit shall be collateralized by a pledge

14

or assignment of assets of the institution, and such collateral

15

may include loans (including interest in pools of loans) secured

16

by first mortgage liens on real property. Certificates of

17

deposit purchased from commercial banks shall be limited to an

18

amount equal to twenty percent of a bank's total capital and

19

surplus. Certificates of deposit purchased from savings and loan

20

associations or savings banks shall be limited to an amount

21

equal to twenty percent of an institution's assets minus

22

liabilities.

23

(vii)  Any investment authorized by 20 Pa.C.S. Ch.73 

24

(relating to fiduciaries investments) shall be an authorized

25

investment for any pension or retirement fund.

26

(viii)  Bonds of a municipal authority or parking authority

27

created solely by the borough, for the purpose either of

28

investment or of possible retirement of the bonds and

29

acquisition of authority projects at an earlier date than

30

originally contemplated, using for the purpose either surplus

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1

funds of the borough or money appropriated in the annual budget

2

for the purpose.

3

(d)  In making investments of borough funds, council shall

4

have authority:

5

(i)  To permit assets pledged as collateral under subsection

6

(c)(iii), to be pooled in accordance with the act of August 6,

7

1971 (P.L.281, No.72), relating to pledges of assets to secure

8

deposits of public funds.

9

(ii)  To combine moneys from more than one fund under borough

10

control for the purchase of a single investment, provided that

11

each of the funds combined for the purpose shall be accounted

12

for separately in all respects and that the earnings from the

13

investment are separately and individually computed and

14

recorded, and credited to the accounts from which the investment

15

was purchased.

16

(iii)  To join with one or more other political subdivisions

17

and municipal authorities in accordance with [the act of July

18

12, 1972 (P.L.762, No.180), entitled "An act relating to

19

intergovernmental cooperation,"] 53 Pa.C.S. Ch. 23 Subch. A

20

(relating to intergovernmental cooperation) in the purchase of a

21

single investment, provided that the requirements of subclause

22

(ii) on separate accounting of individual funds and separate

23

computation, recording and crediting of the earnings therefrom

24

are adhered to.

25

Section 173.  Section 1317 of the act, added November 21,

26

2001 (P.L.843, No.85), is repealed:

27

[Section 1317.  Conservation District.--The council may make

28

appropriations to the conservation district, as defined in the

29

act of May 15, 1945 (P.L.547, No.217), known as the

30

"Conservation District Law," in which the borough is located.]

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1

Section 174.  Article XIV heading of the act is reenacted to

2

read:

3

ARTICLE XIV

4

CONTRACTS

5

Section 175.  Section 1401 of the act is amended to read:

6

Section 1401.  Power to Make Contracts.--(a)  Each borough

7

may make contracts for lawful purposes and for the purposes of

8

carrying into execution the provisions of this act and laws of

9

the Commonwealth.

10

(b)  Except as otherwise specifically provided in this act,

11

all contracts and purchases shall be made with and from the

12

lowest qualified and responsible bidder. In awarding contracts

13

and making purchases, council shall have the right to take into

14

consideration such factors as the availability, cost and quality

15

of service, and may establish pre-qualification standards for

16

contracts and purchases. Any pre-qualification standards shall

17

be reasonably designed to assist council in determining the

18

ability of a bidder to successfully complete a contract or

19

purchase.

20

(c)  A borough may permit the electronic submission of bids

21

and may receive bids electronically for competitively bid

22

purchases and contracts pursuant to 62 Pa.C.S. Ch. 46 (relating

23

to electronic bidding by local government units).

24

Section 176.  Section 1402 of the act, amended or added

25

October 4, 1978 (P.L.1022, No.226), April 6, 1980 (P.L.95,

26

No.34), June 26, 1995 (P.L.63, No.12), December 20, 1996

27

(P.L.1497, No.193) and November 3, 2011 (P.L.381, No.92), is

28

amended to read:

29

Section 1402.  Regulation of Contracts.--(a)  All contracts

30

or purchases in excess of the base amount of eighteen thousand

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1

five hundred dollars ($18,500) subject to adjustment under

2

subsection (a.2), except those [hereinafter] mentioned[,] in

3

this section and except as provided by the act of October 27,

4

1979 (P.L.241, No.78), entitled "An act authorizing political

5

subdivisions, municipality authorities and transportation

6

authorities to enter into contracts for the purchase of goods

7

and the sale of real and personal property where no bids are

8

received," shall not be made except with and from the lowest

9

qualified and responsible bidder after due notice in one

10

newspaper of general circulation [in the borough], at least two

11

times at intervals of not less than three days where daily

12

newspapers of general circulation are available for [such] 

13

publication, in case of weekly newspapers, [such] notice once a

14

week for two successive weeks. The first advertisement shall be

15

published not more than forty-five days and the second

16

advertisement not less than ten days prior to the date fixed for

17

the opening of bids. Advertisements for contracts or purchases

18

shall also be posted in a conspicuous place within the borough.

19

Advertisements for contracts and purchases shall contain the

20

date, time and location for opening of bids and shall state the

21

amount of the performance bond determined under subsection (c).

22

The amount of the contract shall in all cases, whether of

23

straight sale price, conditional sale,[bailment] lease, lease

24

purchase or otherwise, be the entire amount which the borough

25

pays to the successful bidder or his assigns in order to obtain

26

the services or property, or both, and shall not be construed to

27

mean only the amount which is paid to acquire title or to

28

receive any other particular benefit or benefits of the whole

29

bargain. [In awarding contracts, council shall have the right to

30

take into consideration such other factors as the availability,

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1

cost and quality of service.]

2

(a.1)  Written or telephonic price quotations from at least

3

three qualified and responsible contractors shall be requested

4

for all contracts in excess of the base amount of ten thousand

5

dollars ($10,000) subject to adjustment under subsection (a.2) 

6

but are less than the amount requiring advertisement and

7

competitive bidding or, in lieu of price quotations, a

8

memorandum shall be kept on file showing that fewer than three

9

qualified contractors exist in the market area within which it

10

is practicable to obtain quotations. A written record of

11

telephonic price quotations shall be made and shall contain at

12

least the date of the quotation, the name of the contractor and

13

the contractor's representative, the construction,

14

reconstruction, repair, maintenance or work which was the

15

subject of the quotation and the price. Written price

16

quotations, written records of telephonic price quotations and

17

memoranda shall be retained for a period of three years. Written

18

price quotations as used throughout this section shall include

19

electronic mail.

20

(a.2)  Adjustments to the base amounts specified under

21

subsections (a) and (a.1) shall be made as follows:

22

(1)  The Department of Labor and Industry shall determine the

23

percentage change in the All Items Consumer Price Index for All

24

Urban Consumers (CPI-U) for the United States City Average as

25

published by the United States Department of Labor, Bureau of

26

Labor Statistics for the twelve-month period ending September

27

30, 2012, and for each successive twelve-month period

28

thereafter.

29

(2)  If the department determines that there is no positive

30

percentage change, then no adjustment to the base amounts shall

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1

occur for the relevant time period provided for in this

2

subsection.

3

(3)  (i)  If the department determines that there is a

4

positive percentage change in the first year that the

5

determination is made under paragraph (1), the positive

6

percentage change shall be multiplied by each base amount and

7

the products shall be added to the base amounts, respectively,

8

and the sums shall be preliminary adjusted amounts.

9

(ii)  The preliminary adjusted amounts shall be rounded to

10

the nearest one hundred dollars ($100), to determine the final

11

adjusted base amounts for purposes of subsections (a) and (a.1).

12

(4)  In each successive year in which there is a positive

13

percentage change in the CPI-U for the United States City

14

Average, the positive percentage change shall be multiplied by

15

the most recent preliminary adjusted amounts and the products

16

shall be added to the preliminary adjusted amount of the prior

17

year to calculate the preliminary adjusted amounts for the

18

current year. The sums thereof shall be rounded to the nearest

19

one hundred dollars ($100) to determine the new final adjusted

20

base amounts for purposes of subsections (a) and (a.1).

21

(5)  The determinations and adjustments required under this

22

subsection shall be made in the period between October 1 and

23

November 15 of the year following the effective date of this

24

subsection, and annually between October 1 and November 15 of

25

each year thereafter.

26

(6)  The final adjusted base amounts and new final adjusted

27

base amounts obtained under paragraphs (3) and (4) shall become

28

effective January 1 for the calendar year following the year in

29

which the determination required under paragraph (1) is made.

30

(7)  The department shall publish notice in the Pennsylvania

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1

Bulletin prior to January 1 of each calendar year of the annual

2

percentage change determined under paragraph (1) and the

3

unadjusted or final adjusted base amounts determined under

4

paragraphs (3) and (4) at which competitive bidding is required

5

under subsection (a) and written or telephonic price quotations

6

are required under subsection (a.1), respectively, for the

7

calendar year beginning the first day of January after

8

publication of the notice. The notice shall include a written

9

and illustrative explanation of the calculations performed by

10

the department in establishing the unadjusted or final adjusted

11

base amounts under this subsection for the ensuing calendar

12

year.

13

(8)  The annual increase in the preliminary adjusted base

14

amounts obtained under paragraphs (3) and (4) shall not exceed

15

three percent.

16

(b)  (1)  The award of contracts shall only be made by public

17

announcement at the meeting at which bids are received, or at a

18

subsequent meeting, the time and place of which shall be

19

publicly announced when bids are received. If for any reason one

20

or both of the above meetings shall not be held, the same

21

business may be transacted at any subsequent meeting if at least

22

five days' notice thereof shall be published in the newspaper of

23

general circulation aforesaid. At council's request, all bids

24

advertised for shall be accompanied by cash, money order, a

25

certified or cashier's good faith check, or other irrevocable

26

letter of credit drawn upon a bank authorized to do business in

27

this Commonwealth or by a bond with corporate surety in such

28

amount as council shall determine, and, when requested, no bid

29

shall be considered unless so accompanied.

30

(2)  Notwithstanding clause (1), council may direct that a

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1

committee of council, a member of council or a member of the

2

borough staff receive, open and review bids during normal

3

business hours and forward the information to council for

4

subsequent award at a public meeting. Bidders shall be notified

5

and other interested parties, upon request, shall be notified of

6

the date, time and location of the opening of bids and may be

7

present when the bids are opened.

8

(c)  The successful bidder when advertising as required

9

herein may, at the discretion of council, be required to furnish

10

a bond or irrevocable letter of credit or other security with

11

suitable reasonable requirements guaranteeing the work to be

12

done with sufficient surety in an amount as determined by

13

council which shall be not less than ten percent nor more than

14

one hundred percent of the amount of the liability under the

15

contract within twenty days after the contract has been awarded,

16

unless council shall prescribe a shorter period of not less than

17

ten days, and upon failure to furnish such [bond] security

18

within such time the previous award shall be void. Deliveries,

19

accomplishment and guarantees may be required in all cases of

20

expenditures.

21

(d)  The contracts or purchases made by council, which shall

22

not require advertising, bidding or price quotations as

23

hereinbefore provided, are as follows:

24

(1)  Those for maintenance, repairs or replacements for

25

water, electric light or public works of the borough, provided

26

they do not constitute new additions, extensions or enlargements

27

of existing facilities and equipment, but [a bond] security may

28

be required by council, as in other cases of work done;

29

(2)  Those made for improvements, repairs and maintenance of

30

any kind, made or provided by any borough, through its own

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1

[employes: Provided, That] employes, provided that all materials

2

used for street improvement, maintenance [and/or] or 

3

construction in excess of the amount specified or adjusted under

4

subsection (a.1) be subject to the relevant price quotation or

5

advertising requirements contained [herein] in this section;

6

(3)  Those where particular types, models or pieces of new

7

equipment, articles, apparatus, appliances, computer software, 

8

vehicles or parts thereof are desired by council, which are

9

patented and manufactured or copyrighted products;

10

(3.1)  Those for used equipment, articles, apparatus,

11

appliances, vehicles or parts thereof being purchased from a

12

public utility[.], municipal corporation, county, school

<--

13

district, municipal authority, council of government or Federal

14

or State government;

15

(4)  Those involving any policies of insurance or surety

16

company bonds; those made for [public] utility service [under

17

tariffs on file with the Pennsylvania Public Utility Commission] 

18

for borough purposes, including, but not limited to, those made

19

for natural gas or telecommunications services; those made for

20

electricity with the entities set forth in clause 6(i), (ii),

21

(iii), (iv), (v), (vi) and (vii)(A); those made with another

22

political subdivision, or a county, or council of government,

23

consortium, cooperative or other similar entity created pursuant

24

to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

25

cooperation) or the Commonwealth of Pennsylvania, the Federal

26

Government, any agency of the Commonwealth or the Federal

27

Government, or any municipal authority, including the sale,

28

leasing or loan of any supplies or materials by the Commonwealth

29

or the Federal Government or their agencies. The price thereof

30

shall not be in excess of that fixed by the Commonwealth, the

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1

Federal Government, or their agencies;

2

(5)  Those involving personal or professional services[.];

3

(6)  Those made relating to the purchase of electricity and

4

associated energy and related services by a borough owning or

5

operating electric generation or distribution facilities on the

6

effective date of this section with any of the following:

7

(i)  A political subdivision.

8

(ii)  Another state.

9

(iii)  The Commonwealth or an agency thereof.

10

(iv)  The Federal Government.

11

(v)  A private corporation.

12

(vi)  An electric cooperative corporation under 15 Pa.C.S.

13

Ch. 73 (relating to electric cooperative corporations).

14

(vii)  A non-profit membership corporation. As used in this

15

subclause, the term "non-profit membership corporation" means an

16

entity, the membership of which:

17

(A)  consists solely of Pennsylvania boroughs, such as a

18

consortium, buying group or municipal power agency under section

19

2471.2; or

20

(B)  consists of Pennsylvania boroughs and political

21

subdivisions of another state or states.

22

(viii)  An electric cooperative of another state.

23

Nothing in this clause shall prohibit council from engaging in

24

advertising, bidding or price quotations if the council

25

determines that the advertising, bidding or price quotations are

26

in the public interest.

27

(e)  [Every contract for the construction, reconstruction,

28

alteration, repair, improvement or maintenance of public works

29

shall comply with the provisions of the act of March 3, 1978

30

(P.L.6, No.3), known as the "Steel Products Procurement Act."] 

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1

Council shall award contracts subject to the requirements of,

2

and may exercise any powers granted by, the following acts to

3

the extent applicable: the act of March 3, 1978 (P.L.6, No.3),

4

known as the "Steel Products Procurement Act," the act of

5

December 20, 1967 (P.L.869, No.385), known as the "Public Works

6

Contractors' Bond Law of 1967," the act of August 15, 1961

7

(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage

8

Act," the act of January 17, 1968 (P.L.11, No.5), known as "The

9

Minimum Wage Act of 1968," the act of February 17, 1994 (P.L.73,

10

No.7), known as the "Contractor and Subcontractor Payment Act," 

11

the act of January 23, 1974 (P.L.9, No.4), referred to as the

12

Public Contract Bid Withdrawal Law and 62 Pa.C.S. Pt. II

13

(relating to general procurement provisions).

14

(f)  No person, consultant, firm or corporation contracting

15

with the borough for purposes of rendering personal or

16

professional services to the borough shall share with any

17

borough officer or employe, and no borough officer or employe

18

shall accept, any portion of the compensation or fees paid by

19

the borough for the contracted services provided to the borough

20

except under the following terms or conditions:

21

(1)  Full disclosure of all relevant information regarding

22

the sharing of the compensation or fees shall be made to the

23

council of the borough.

24

(2)  The council of the borough must approve the sharing of

25

any fee or compensation for personal or professional services

26

prior to the performance of [said] the services.

27

(3)  No fee or compensation for personal or professional

28

services may be shared except for work actually performed.

29

(4)  No shared fee or compensation for personal or

30

professional services may be paid at a rate in excess of that

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1

commensurate for similar personal or professional services.

2

Section 177.  Section 1403 of the act, amended July 10, 1990

3

(P.L.383, No.90) and November 3, 2011 (P.L.381, No.92), is

4

amended to read:

5

Section 1403.  Evasion of Advertising Requirements.--(a)  No

6

member or members of council shall evade the provisions of

7

section 1402 hereof as to advertising for bids, by purchasing or

8

contracting for services and personal properties piecemeal for

9

the purpose of obtaining prices under the amount specified or

10

adjusted under section 1402(a) upon transactions, which

11

transactions should, in the exercise of reasonable discretion

12

and prudence, be conducted as one transaction amounting to more

13

than the amount specified or adjusted under section 1402(a).

14

This provision is intended to make unlawful the evading of

15

advertising requirements by making a series of purchases or

16

contracts, each for less than the advertising requirement price,

17

or by making several simultaneous purchases or contracts, each

18

below said price, when, in either case, the transactions

19

involved should have been made as one transaction for one price.

20

Any members of council who so vote in violation of this

21

provision and who know that the transaction upon which they so

22

vote is or ought to be a part of a larger transaction and that

23

it is being divided in order to evade the requirements as to

24

advertising for bids, shall be jointly and severally subject to

25

surcharge for ten percent of the full amount of the contract or

26

purchase. Whenever it shall appear that a member of council may

27

have voted in violation of this section but the purchase or

28

contract on which [he so] the member of council voted was not

29

approved by council, this section shall be inapplicable.

30

(b)  Any council member who votes to unlawfully evade the

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1

provisions of section 1402 and who knows that the transaction

2

upon which he so votes is or ought to be a part of a larger

3

transaction and that it is being divided in order to evade the

4

requirements as to advertising for bids commits a misdemeanor of

5

the third degree for each contract entered into as a direct

6

result of that vote. This penalty shall be in addition to any

7

surcharge which may be assessed pursuant to subsection (a).

8

Section 178.  Section 1404 of the act, amended June 25, 2001

9

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

10

Section 1404.  [Penalty for] Personal Interest in Contracts

11

or Purchases.--[Except as otherwise provided in this act, no

12

borough official either elected or appointed, who knows or who

13

by the exercise of reasonable diligence could know, shall be

14

interested to any appreciable degree either directly or

15

indirectly in any purchase made or contract entered into or

16

expenditure of money made by the borough or relating to the

17

business of the borough, involving the expenditure by the

18

borough of more than one thousand dollars ($1000) in any

19

calendar year, but this limitation shall not apply to cases

20

where such officer or appointee of the borough is an employe of

21

the person, firm or corporation to which the money is to be paid

22

in a capacity with no possible influence on the transaction, and

23

in which he cannot be possibly benefited thereby either

24

financially or otherwise. But in the case of a member of council

25

or mayor, if he knows that he is within the exception just

26

mentioned he shall so inform council and shall refrain from

27

voting on the expenditure or any ordinance relating thereto, and

28

shall in no manner participate therein. Any official or

29

appointee who shall knowingly violate the provisions of this

30

section shall be subject to surcharge to the extent of the

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1

damage shown to be thereby sustained by the borough and to

2

ouster from office, and shall be guilty of a misdemeanor, and

3

upon conviction thereof shall be sentenced to pay a fine not

4

exceeding one thousand dollars ($1000), or not exceeding one

5

hundred eighty days' imprisonment, or both] Elected and

6

appointed borough officials and borough employes shall be

7

restricted from any interest in borough contracts and purchases

8

to the extent provided in 65 Pa.C.S. Ch. 11 (relating to ethics

9

standards and financial disclosure).

10

Section 179.  Section 1404.1 of the act, added December 1,

11

1977 (P.L.245, No.80), is amended to read:

12

Section 1404.1.  Purchase Contracts for Petroleum Products;

13

Fire Company, Etc., Participation.--The council of each borough

14

shall have power to permit, subject to such terms and conditions

15

as it may, and as hereinafter specifically provided, shall,

16

prescribe any paid or volunteer fire company, paid or volunteer

17

rescue company and paid or volunteer ambulance company in the

18

borough to participate in purchase contracts for petroleum

19

products entered into by the borough. Any such company desiring

20

to participate in [such] purchase contracts shall file with the

21

borough secretary a request that it be authorized to participate

22

in contracts for the purchase of petroleum products of the

23

borough and agreeing that it will be bound by [such] the terms

24

and conditions as the borough may, and as hereinafter

25

specifically provided, shall, prescribe and that it will be

26

responsible for payment directly to the vendor under each

27

purchase contract. Among [such] the terms and conditions, the

28

borough shall prescribe that all prices shall be F.O.B.

29

destination.

30

Section 180.  Section 1405 of the act, amended November 3,

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1

2011 (P.L.381, No.92), is amended to read:

2

Section 1405.  Separate Bids for Plumbing, Heating,

3

Ventilating and Electrical Work.--In the preparation for the

4

erection, construction and alteration of any public building,

5

when the entire cost of [such] the work shall exceed the amount

6

specified or adjusted under section 1402(a), the architect,

7

engineer, or other person preparing [such] the specifications

8

may, if so requested by the borough council, prepare separate

9

specifications for the plumbing, heating, ventilating and

10

electrical work. The person or persons authorized to enter into

11

contracts for the erection, construction or alteration of [such] 

12

the public buildings may, if [such] the separate specifications

13

shall have been proposed, receive separate bids upon each of the

14

[said] branches of work and shall [thereupon] award the contract

15

[for the same] to the lowest responsible bidder for each of

16

[said] the branches.

17

Section 181.  Section 1406 of the act, amended October 9,

18

1967 (P.L.380, No.171), is amended to read:

19

Section 1406.  Bonds for the Protection of Labor and

20

[Materialmen] Materials.--[It shall be the duty of every borough

21

to require any person, copartnership, association, or

22

corporation, entering into a contract with such borough for the

23

construction, erection, installation, completion, alteration,

24

repair of, or addition to, any public work or improvement of any

25

kind whatsoever, where the amount of such contract is in excess

26

of one thousand five hundred dollars ($1,500), before commencing

27

work under such contract, to execute and deliver to such

28

borough, in addition to any other bond which may now or

29

hereafter be required by law to be given in connection with such

30

contract, an additional bond for the use of any and every

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1

person, copartnership, association, or corporation interested,

2

in a sum not less than fifty percent and not more than one

3

hundred percent of the contract price, as such borough may

4

prescribe, having as surety thereon one or more surety companies

5

legally authorized to do business in this Commonwealth,

6

conditioned for the prompt payment of all material furnished and

7

labor supplied or performed in the prosecution of the work,

8

whether or not the said material or labor enter into and become

9

component parts of the work or improvement contemplated. Such

10

additional bond shall be deposited with and held by the borough

11

for the use of any party interested therein. Every such

12

additional bond shall provide that every person, copartnership,

13

association, or corporation, who, whether as subcontractor or

14

otherwise, has furnished material or supplied or performed labor

15

in the prosecution of the work as above provided, and who has

16

not been paid therefor, may sue in assumpsit on said additional

17

bond, in the name of the borough, for his, their or its use and

18

prosecute the same to final judgment for such sum or sums as may

19

be justly due him, them, or it and have execution thereof;

20

provided, the borough shall not be liable for the payment of any

21

costs or expense of any suit.] Before any contract exceeding ten

22

thousand dollars ($10,000) is awarded to any prime contractor or

23

construction manager for the construction, erection,

24

installation, completion, alteration, repair of or addition to

25

any public work or improvement of any kind, the contractor shall

26

furnish to the borough a payment bond for the protection of

27

claimants supplying labor or materials to the prime contractor

28

to whom the contract is awarded, at one hundred percent of the

29

contract amount, conditioned for the prompt payment of all

30

materials furnished or labor supplied or performed in the

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1

prosecution of the contract under the act of December 20, 1967

2

(P.L.869, No.385), known as the "Public Works Contractors' Bond

3

Law of 1967." This bond requirement shall be in addition to any

4

other bond requirement that may now or hereafter be required by

5

law to be given in connection with the contract.

6

Section 182.  Section 1407 of the act is repealed:

7

[Section 1407.  Minimum Wage Specifications in Contracts.--

8

The specifications upon which contracts are entered into by any

9

borough for the construction, alteration or repair of any public

10

work or improvement may, at the option of the borough council,

11

contain the minimum wage or wages which may be paid by the

12

contractor or his subcontractors for the work performed by

13

laborers and mechanics employed on such public work or

14

improvement, and such laborers and mechanics shall in such cases

15

be paid not less than such minimum wage or wages.

16

Every contract for the construction, alteration or repair of

17

any public work or improvement, founded on specifications

18

containing any such stipulation for minimum wage or wages, shall

19

stipulate a penalty of an amount equal to twice the difference

20

between the minimum wage contained in said specifications and

21

the wage actually paid to each laborer or mechanic for each day

22

during which he shall have been employed at a wage less than

23

that prescribed in said specifications.

24

Every officer or person designated as an inspector of or

25

having supervision over the work to be performed under any such

26

contract, in order to aid in enforcing the fulfillment thereof,

27

shall, upon observation or investigation, report to the borough

28

council or agency which let the contract, all violations of

29

minimum wage stipulations, together with the name of each

30

laborer or mechanic who has been paid a wage less than

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1

prescribed by the specifications, and the day or days of such

2

violation.

3

All such penalties shall be withheld and deducted for the use

4

of the borough from any moneys due the contractor by the officer

5

or person whose duty it shall be to authorize the payment of

6

moneys due such contractor, whether the violation of the minimum

7

stipulation of the specifications was by the contractor or by

8

any of his subcontractors. If any such contractor or

9

subcontractor subsequently pays to all laborers and mechanics

10

the balance of the amounts stipulated in such contract, the

11

borough shall pay to the contractor the amounts so withheld as

12

penalties.]

13

Section 183.  Section 1410 of the act is amended to read:

14

Section 1410.  Acceptance by Contractor of [Workmen's] 

15

Workers' Compensation Act.--All contracts executed by any

16

borough, or any officer [thereof] of a borough, which involves

17

the construction or doing of any work involving the employment

18

of labor, shall contain a provision that the contractor shall

19

accept, insofar as the work covered by [any such] the contract

20

is concerned, the provisions of the [Workmen's Compensation Act

21

of 1915,] act of June 2, 1915 (P.L.736, No.338), known as the

22

"Workers' Compensation Act," and the supplements and amendments

23

[thereto] to the act, and that the [said] contractor will insure

24

his or her liability [thereunder] under the act and will file

25

with the borough with which the contract is made a certificate

26

of insurance providing evidence of such coverage, or file with

27

the borough with which the contract is made a certificate of

28

exemption from insurance from the Bureau of [Workmen's] Workers' 

29

Compensation of the Department of Labor and Industry. The

30

certificate of exemption from insurance may be issued on the

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1

basis of either individual self-insurance or group self-

2

insurance. Additionally, a contractor shall file with the

3

borough with which the contract is made any applications to be

4

excepted by the provisions of the "Workers' Compensation Act" in

5

respect to certain employes on religious grounds if the

6

applications have been accepted by the Department of Labor and

7

Industry.

8

Any contract executed in violation of this section shall be

9

null and void.

10

Section 184.  Section 1411 of the act, amended July 10, 1981

11

(P.L.247, No.80), is repealed:

12

[Section 1411.  Architects and Engineers Employed Prohibited

13

From Bidding on Public Works; Penalty.--It shall be unlawful for

14

any architect or engineer, in the employ of any borough, and

15

engaged in the preparation of plans, specifications or

16

estimates, to bid or negotiate on any public work at any letting

17

of such work by the borough, except that any such architect or

18

engineer who shall have prepared preliminary plans only shall

19

not be prohibited from bidding or negotiating on the final

20

contract for such work.

21

It shall be unlawful for the officers of any borough charged

22

with the duty of letting any public work, to award a contract to

23

any such architect or engineer, in the employ of the borough to

24

be in any way interested in any contract for public work for the

25

borough or to receive any remuneration or gratuity from any

26

person interested in such contract except under the terms and

27

conditions as provided in section 1402(f).

28

Any person violating any of the provisions of this section

29

shall forfeit his office, and shall be guilty of a misdemeanor,

30

and on conviction thereof, shall be sentenced to pay a fine not

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1

exceeding five hundred dollars ($500), or to undergo

2

imprisonment for not more than six months, or both.]

3

Section 185.  Article XV heading of the act is amended to

4

read:

5

ARTICLE XV

6

EMINENT DOMAIN; ASSESSMENT OF DAMAGES [AND

7

BENEFITS]; DAMAGES FOR INJURY TO PROPERTY

8

Section 186.  Article XV subdivision (a) heading of the act

9

is reenacted to read:

10

(a)  General Provisions Relating to Eminent Domain

11

Section 187.  Sections 1501 and 1502 of the act are amended

12

to read:

13

Section 1501.  Exercise of Eminent Domain.--In the laying

14

out, opening, widening, extending, vacating, grading, or

15

changing the grades or lines of streets; the construction of

16

bridges, and the piers and abutments therefor; the construction

17

of slopes, embankments, and sewers; the erection and extension

18

of [waterworks] water systems, wharves, and docks, public

19

buildings, public auditoriums, memorials, monuments, public

20

works, filtration plants, sewerage systems, sewage treatment

21

works, [garbage] refuse disposal or incineration plants,

22

sanitary landfills, gas plants, electric light plants and

23

libraries; the establishing of parks, playgrounds and recreation

24

places; the changing of watercourses; and for all other purposes

25

authorized by this act, a borough may enter upon, appropriate,

26

injure, or destroy, private lands, property or material, or

27

lands previously granted or dedicated to public use and which

28

are no longer used for the purpose for which the lands were

29

granted, according to the proceedings set forth in the law

30

governing eminent domain.

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1

Section 1502.  Restrictions as to Certain Property.--(a)  In

2

addition to [the] any restrictions made by other provisions of

3

this act in particular cases, no borough shall exercise the

4

right of eminent domain as against land now occupied by any

5

building which was used during the Colonial or Revolutionary

6

period as a place of assembly by the Council of the Colony of

7

Pennsylvania, the Supreme Executive Council of the Commonwealth

8

of Pennsylvania, or the Congress of the United States; or as

9

against the land occupied by any fort, redoubt, or blockhouse

10

erected during the Colonial or Revolutionary period, or any

11

building used as headquarters by the Commander-in-Chief of the

12

Continental Army; or as against the site of any building, fort,

13

redoubt, blockhouse, or headquarters, which are preserved for

14

their historic associations and not for private profit. The

15

Colonial and Revolutionary period shall be taken as ended on

16

September 3, 1783.

17

(b)  No land or property used for a cemetery, burying ground

18

or place of public worship may be taken or appropriated by

19

virtue of any power contained in this article.

20

Section 188.  The act is amended by adding a section to read:

21

Section 1502.1.  Declaration of Intention.--A borough shall

22

declare its intention to acquire, enter upon, take, use and

23

appropriate any private property or land for any of the purposes

24

authorized by this article through a duly enacted ordinance.

25

Section 189.  Section 1503 of the act, added October 9, 1967

26

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

27

Section 1503.  Application of [the Act of June 22, 1964 (P.L.

28

84)] 26 Pa.C.S..--[Notwithstanding any of the provisions of this

29

act, all] All eminent domain proceedings shall conform to the

30

provisions of [the act of June 22, 1964 (P.L.84), known as the

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1

"Eminent Domain Code."] 26 Pa.C.S. (relating to eminent domain),

2

including, but not limited to, payment of damages and costs.

3

Section 190.  Article XV subdivision (b) heading and section

4

1525 of the act, repealed in part April 28, 1978 (P.L.202,

5

No.53), are repealed:

6

[(b)  Procedure for the Assessment of Benefits by Viewers

7

Section 1525.  Assessment of Benefits.--The viewers shall

8

assess the total cost of the improvement, or so much thereof as

9

may be just and reasonable, upon the lands or properties

10

peculiarly benefited.]

11

Section 191.  Section 1547 of the act is repealed:

12

[Section 1547.  Assessments to Bear Interest.--All

13

assessments for benefits, costs, and expenses shall bear

14

interest at six percent per annum from the expiration of thirty

15

days after they shall have been finally ascertained, and shall

16

be payable to the treasurer of the borough.]

17

Section 192.  Article XV subdivision (c) heading of the act

18

is reenacted to read:

19

(c)  Damages for Injury to Property

20

Section 193.  Section 1561 of the act is amended to read:

21

Section 1561.  Right to Damage Given in Certain Cases.--The

22

right to damage against boroughs is given to all owners or

23

tenants of lands, property, or material, abutting on, or through

24

which pass, streets, injured by the vacating of [such] the 

25

streets, or the vacation of bridges and piers, abutments and

26

approaches therefor.

27

Section 194.  Sections 1562, 1563 and 1565 and Article XVI

28

heading of the act are repealed:

29

[Section 1562.  Juries of View to Assess Damages and

30

Benefits.--All juries of view for assessing damages for taking,

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1

using, occupying, or injuring land, property, or material, are

2

directed to assess the damages, provided for in the preceding

3

section, against boroughs, and the benefits in connection

4

therewith, and make a report thereof to the court.

5

Section 1563.  Appeals from Viewers' Reports.--The right of

6

appeal to the court of common pleas, the right of trial by jury,

7

and the right to file exceptions are given to any party not

8

satisfied with such report.

9

Section 1565.  Damages for Vacations.--Whenever viewers are

10

appointed to vacate any street, and the vacation of the same

11

takes no land from the owner abutting thereon, if, in the

12

opinion of the viewers, such vacation damages the property of

13

the abutting owner, they may award damages to such owner as

14

though land has been actually taken, and such damages shall be

15

ascertained as provided in the law governing eminent domain.

16

ARTICLE XVI

17

LAND SUBDIVISION]

18

Section 195.  Article XVII heading and Article XVII

19

subdivision (a) heading of the act are reenacted to read:

20

ARTICLE XVII

21

STREETS

22

(a)  General Provisions Relating to Streets

23

Section 196.  Section 1701 of the act is amended to read:

24

Section 1701.  Definitions.--The following words and terms,

25

as used in this article, shall be construed as follows:

26

(1)  "Street" shall mean and include any street, [as defined

27

in section 111 of this act] road, lane, court, cul-de-sac,

28

alley, public way and public square, either for or intended for

29

public use, and shall include the cartway, sidewalk, gutter,

30

[and/or] and the right-of-way area, whether or not [such] the 

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1

street, or any part [thereof] of the street, is owned in fee by

2

others than the borough. Streets shall be of two classes, opened

3

and unopened.

4

(2)  "Opened streets" shall mean and include all streets

5

within the borough used as public passageways.

6

(3)  "Unopened streets" shall mean and include all streets

7

within the borough [not] neither used as a public passageway,

8

nor accepted or maintained, but [placed on the] plotted in one

9

of the following:

10

(i)  a borough plan [for future or prospective use, or placed

11

on the plan of a real estate project, or referred to in

12

individual deeds.] or official map adopted in accordance with

13

the "Pennsylvania Municipalities Planning Code";

14

(ii)  an ordinance laying out the street in accordance with

15

this article;

16

(iii)  a subdivision or land development plan; or

17

(iv)  an individual deed.

18

(4)  "Laying out" shall mean and include the plotting of an

19

unopened street or portion [thereof] of the street on [the] a 

20

borough plan [or on the plan of a real estate development] or

21

official map adopted in accordance with the "Pennsylvania

22

Municipalities Planning Code," on a subdivision or land

23

development plan or by the enactment of an ordinance adopted in

24

accordance with this article, and shall include the plotting of

25

an unopened street in any case where any of the lines of the

26

same are proposed to be revised, or in any case where the same

27

was never previously laid out, although [such] the street may

28

have been opened and used.

29

(5)  "Opening a street" shall mean and include the

30

construction and grading of a street or portion thereof and the

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1

act of physically taking possession of an area or laid-out

2

street for the purpose of making the same usable to the

3

traveling public.

4

(6)  "Improving a street" shall mean and include any work

5

upon any street or portion thereof done or proposed to be done

6

in order to open the same, if [such] the street shall not

7

previously have been opened, or if previously opened, to make

8

the same more usable, or more suitable for use by the traveling

9

public or safer for such use, and shall include, but shall not

10

be limited to grading, paving, curbing and macadamizing.

11

(7)  "Portion [thereof]" shall mean and include a portion

12

either of the width or of the length of a street and, therefore,

13

opening a portion of a street may mean extending or widening a

14

street, and vacating a portion of a street may mean closing or

15

narrowing a street.

16

(8)  "Personal notice" shall mean and include notice upon the

17

owner of a premises either by personal service upon [such] the 

18

owner or by certified mail to [such] the owner at [his] the

19

owner's last known address, or where service shall not have been

20

successfully made by either of the two methods first mentioned

21

herein, then by leaving such notice at or upon [such] the 

22

premises.

23

(9)  "Person" shall mean and include a natural person,

24

association, firm, corporation or political subdivision.

25

Section 197.  Sections 1702 and 1703 of the act are repealed:

26

[Section 1702.  Right of Borough to Take Over Streets.--Any

27

borough shall have the right at any time to take over, by laying

28

out and/or opening the same--

29

(1)  Any street as it appears upon the borough plan;

30

(2)  Any street, or portion thereof, which the borough shall

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1

determine to acquire by the exercise of its rights under the

2

power of eminent domain, by following the procedure set forth in

3

the law governing eminent domain;

4

(3)  Any street to which the public shall have acquired

5

rights by constant use over a period exceeding twenty-one years;

6

(4)  Any street or portion thereof, laid out or constructed

7

by any person, which the borough shall see fit to take over or

8

accept as provided in this article.

9

Section 1703.  Dedication of Streets Privately Constructed.--

10

No borough shall acquire any right in or responsibility for any

11

street privately constructed until dedication of such street

12

shall have been presented to and accepted by the borough and

13

until such dedication shall have been recorded in the county

14

office for the recording of deeds.]

15

Section 198.  Section 1704 of the act is amended to read:

16

Section 1704.  Streets Connecting With Street of Other

17

Municipality [or Township].--No action shall be taken under this

18

article that would result in the change of location or grade, or

19

the vacation of any street or portion thereof that connects with

20

a street of another municipality [or township], without approval

21

of the court of [quarter sessions] common pleas of the county in

22

which [such] the municipality [or township] is located, unless

23

[such] the municipality [or township] shall itself first file

24

with the borough secretary its approval of [such] the proposed

25

action.

26

Section 199.  Sections 1705 and 1706 of the act are reenacted

27

to read:

28

Section 1705.  Entry on Land to Maintain Marks and

29

Monuments.--The borough council, its agents and employes, may

30

enter upon any land or property, and maintain marks and

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1

monuments, so far as the council may deem necessary, in carrying

2

out its powers and duties under this article.

3

Section 1706.  Exclusive Nature of Provisions.--The

4

provisions in this article, as applicable to the dedication,

5

acceptance, laying out, opening and vacation of streets, shall

6

be exclusive, and no streets shall be acquired, laid out, opened

7

or vacated by any borough except under such provisions.

8

Section 200.  The act is amended by adding sections to read:

9

Section 1707.  Failure of Council to Hold Hearing.--If, after

10

the filing of a petition pursuant to this article, council fails

11

to hold a required hearing, any aggrieved party may file a

12

mandamus action in the court of common pleas requesting that a

13

hearing be held.

14

Section 1708.  Street Lighting, Ornamental Lighting and

15

Traffic Control Signals and Devices.--Council may provide street

16

lights and ornamental lighting and make regulations for the

17

protection of lighting. Council may assess the costs for the

18

erection of lighting in accordance with Article XXI-A. Council

19

may provide for the erection, maintenance and operation of

20

traffic control signals and devices in accordance with 75

21

Pa.C.S. (relating to vehicles).

22

Section 201.  Article XVII subdivision (b) heading of the act

23

is reenacted to read:

24

(b)  Plan of Streets

25

Section 202.  The act is amended by adding a section to read:

26

Section 1712.  Borough Street Plan.--(a)  A borough that has

27

not maintained an accurate plan of borough streets adopted in

28

accordance with this act prior to the effective date of this

29

section may only adopt a plan of streets pursuant to the

30

"Pennsylvania Municipalities Planning Code," governing the

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1

adoption of an official map.

2

(b)  If a borough maintains a plan of streets adopted prior

3

to the effective date of this section, or maintains an official

4

map containing opened and unopened streets, a street laid out in

5

accordance with this act by ordinance or by final approval of a

6

subdivision or land development plan shall be deemed an

7

amendment to the plan. Notwithstanding any other provision of

8

law, a deemed amendment as provided in this section and any

9

subsequent placement of the street on a plan shall not be

10

subject to public notice or public hearing, provided that the

11

street has been laid out in accordance with the requirements of

12

this article.

13

(c)  The maintenance of a plan of streets or official map

14

shall not be required in order for a borough to lay out streets

15

in accordance with section 1721.2(b) or lay out and open a

16

street in accordance with section 1724.

17

Section 203.  Article XVII subdivision (c) heading of the act

18

is reenacted to read:

19

(c)  Laying Out Streets

20

Section 204.  The act is amended by adding sections to read:

21

Section 1721.1.  Power to Lay Out, Open, Etc.--(a)  In

22

accordance with the provisions of this article, boroughs may,

23

with or without petition of abutting property owners, lay out,

24

open, widen, straighten, alter, extend and improve, and may

25

establish or reestablish the grades of, and keep in order and

26

repair and in safe passable condition, any street or portion of

27

a street within the borough limits, or may vacate the same

28

whenever deemed expedient for the public good and provide for

29

the costs of alteration.

30

(b)  Boroughs may lay out or open:

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1

(1)  any street, or portion of a street, as it appears upon a

2

borough plan, or an official map adopted in accordance with the

3

"Pennsylvania Municipalities Planning Code," or is described in

4

an ordinance adopted in accordance with this article;

5

(2)  any street, or portion of a street, which the borough

6

shall determine to acquire by eminent domain;

7

(3)  any street to which the public shall have acquired

8

rights by constant use over a period exceeding twenty-one years;

9

or

10

(4)  any street or portion of a street, laid out or

11

constructed by any person, which the borough shall see fit to

12

open or accept as provided in this article.

13

Section 1721.2.  Laying Out Streets; Procedure.--(a)  Any

14

street identified in a plan of streets, an official map adopted

15

in accordance with the "Pennsylvania Municipalities Planning

16

Code," or identified in a recorded subdivision or land

17

development plan shall be deemed to be laid out for purposes of

18

this act.

19

(b)  Boroughs shall have the authority, by ordinance, to lay

20

out any area for future opening as a public street. The proposed

21

ordinance laying out such street shall be advertised in a

22

newspaper of general circulation once a week for two successive

23

weeks. On or before the publication of the first advertisement,

24

personal notice shall be provided to all owners of any property

25

abutting the proposed street or through which the proposed

26

street is to be laid out, and, if the proposed street will lead

27

into an adjacent municipality, a copy of the proposed ordinance

28

shall be sent to the adjacent municipality. The proposed

29

ordinance shall have appended to the ordinance or referenced a

30

map sufficient to apprise the public of the proposed location,

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1

profile and dimensions of the street, and shall list the names

2

of the owners of any property through which the proposed street

3

has been laid out.

4

(c)  Within ten days after the second publication of the

5

notice required in subsection (b), any interested party may

6

petition council for a hearing, which council shall hold within

7

sixty days after the date of the petition. Council shall give at

8

least fifteen days' notice of the hearing in a newspaper of

9

general circulation and by personal notice to persons entitled

10

to such notice under subsection (b). Council may enact the

11

ordinance no later than thirty days following the date of the

12

hearing, or, where no timely petition has been filed, within

13

thirty days of the second publication of the notice required by

14

subsection (b). The enactment of the ordinance shall constitute

15

public notice of the borough's intent to recognize the street

16

within the system of borough streets and the borough's rights in

17

the street. Within thirty days of the enactment of the

18

ordinance, any party aggrieved by council's action may appeal to

19

the court of common pleas.

20

(d)  If, at the time of the enactment of an ordinance in

21

accordance with subsection (c), the lines of the laid out street

22

include property not subject to use as a public passageway, the

23

ordinance shall be filed with the recorder of deeds of the

24

county where the borough is located. The recorder of deeds shall

25

index the ordinance by name of borough, name of the property

26

owner, and, if applicable, parcel number, of the property

27

through which the proposed street is laid out.

28

(e)  Whenever a street shall have been laid out by ordinance

29

as provided in this section, the owner or subsequent owner shall

30

have no right to damages for buildings or improvements placed on

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1

streets after the date of enactment, and the buildings or

2

improvements shall be removed at the expense of the landowner

3

after the opening of the street in accordance with this act.

4

(f)  The laying out of a street, without opening the street,

5

shall create no right to public use of the street and shall not

6

constitute the taking or acceptance of any property or obligate

7

the borough to improve or maintain the street or the property on

8

which the street has been laid out.

9

(g)  Nothing in this section may affect the validity or legal

10

effect of a street laid out in accordance with law prior to the

11

effective date of this section.

12

Section 205.  Section 1723 of the act is repealed:

13

[Section 1723.  Effect of Laying Out Street Without Opening

14

Thereof.--The laying out of a street, without opening the same,

15

shall create no right to public use of such street.]

16

Section 206.  Section 1724 of the act, amended April 28, 1978

17

(P.L.76, No.36) and repealed in part October 5, 1980 (P.L.693,

18

No.142), is amended to read:

19

Section 1724.  Effect of [Failure to Open Street After its] 

20

Laying Out Street.--(a)  At any time after any street or portion

21

thereof shall have remained laid out but not opened for a period

22

of ten years or longer, any owner or owners of fifty percent of

23

the front feet of the land over which [such] the street or

24

portion thereof was laid out may petition the borough council to

25

[remove such street from the plan of streets and to] cancel the

26

laying out [thereof] of the street. Council shall thereupon,

27

following at least fifteen days' notice in a newspaper of

28

general circulation [in the borough], and at least fifteen days'

29

personal notice to the owners of all real estate abutting upon

30

the land over which [such] the street or portion [thereof] of

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1

the street was laid out, hold a public hearing on the matter.

2

Council may, on motion, deny the petition, or, by ordinance,

3

grant [such] the petition and [remove such street or portion

4

thereof from the borough plan and] cancel the laying out

5

thereof. Any person aggrieved by the decision of the council,

6

either granting or denying [such] the petition, may appeal

7

therefrom. The ordinance providing for the cancellation of the

8

laying out of a street shall be filed with the recorder of deeds

9

in accordance with section 1721.2(d).

10

(b)  Whenever any street shall have been laid out and shall

11

not have been opened to, or used by the public for a period of

12

twenty-one years, [such] the street shall not thereafter be

13

opened without the consent of at least fifty-one percent of the

14

number of owners of the abutting real estate and without the

15

consent of the owners of at least fifty-one percent of the

16

property abutting [such] the street, based on a front foot

17

basis.

18

Section 207.  Article XVII subdivision (d) heading and

19

sections 1731, 1732, 1733, 1734 and 1735 of the act are amended

20

to read:

21

(d)  Opening [and Acceptance of Streets]; Acceptance

22

and Vacation of Streets

23

Section 1731.  Authority to Open and Vacate Streets;

24

Procedure.--[Any borough] (a)  Council shall have authority, by

25

ordinance [(i)], to [open]:

26

(1)  Open any street or portion thereof previously laid

27

out[;] or [(ii)] simultaneously to lay out and open any street

28

or portion thereof. Any street or portion [thereof] of a street 

29

so opened shall be a public street of the borough. [No such

30

ordinance shall become effective until thirty days after the

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1

enactment thereof. Within ten days after the enactment of any

2

such ordinance, the borough shall give personal notice to the

3

owners of all property abutting the street so proposed to be

4

opened. During such thirty-day period between the enactment and

5

taking effect of such ordinance, any interested party may

6

petition council for a hearing, which council shall hold within

7

thirty days after the date of such petition, and of which the

8

borough shall give at least fifteen days' notice in a newspaper

9

of general circulation in the borough. Any such petition shall

10

serve to stay the effective date of such ordinance, until

11

council shall have held such hearing and shall have acted upon

12

such petition by motion, or, in case of further appeal, until

13

the court shall have finally disposed of the matter. After such

14

hearing and within thirty days after action by council upon such

15

petition, any party aggrieved by council's action thereupon may

16

appeal to the court of quarter sessions.]

17

(2)  Vacate or close any street or portion of a street

18

previously opened or laid out, provided that no street or

19

portion of a street providing the sole means of access to any

20

tract of land shall be vacated without the consent of those to

21

whom access would be denied. Vacation of a street shall

22

terminate all public right in or to the street but shall not

23

affect any private rights acquired by any of the owners of

24

abutting property.

25

(b)  The proposed ordinance, opening or vacating any street

26

or portion of a street shall be advertised in a newspaper of

27

general circulation once a week for two successive weeks. On or

28

before the publication of the first advertisement, personal

29

notice shall be provided to all owners of any property abutting

30

the street proposed to be opened or vacated. The proposed

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1

ordinance shall have appended to it or shall reference a map or

2

a survey sufficient to apprise the public of the proposed

3

location, profile and dimensions of the street, and shall list

4

the names of the owners of any property abutting the street.

5

(c)  Within ten days after the second publication of the

6

notice required under subsection (b), any interested party may

7

petition council for a hearing, which council shall hold within

8

sixty days after the date of the petition. Council shall give at

9

least fifteen days' notice of the hearing in a newspaper of

10

general circulation and by personal notice to persons entitled

11

to notice under subsection (b). Council may enact the ordinance

12

no later than thirty days following the date of the hearing or,

13

where no timely petition has been filed, within thirty days of

14

the second publication of the notice required under subsection

15

(b). Within thirty days of the enactment of the ordinance, any

16

party aggrieved by council's action may appeal to the court of

17

common pleas.

18

Section 1732.  Petition for Opening or Vacating Street;

19

Action Thereon.--(a)  Any person or persons, constituting a

20

majority in number and interest of the owner of the real estate

21

abutting upon any area not opened as a street or abutting upon

22

an existing street or portion of a street, may petition the

23

council to [open]:

24

(1)  Open or lay out and open such area as a street or

25

portion thereof.

26

(2)  Vacate a street or portion of a street.

27

(b)  Council shall hold a hearing [upon such] after receiving

28

a petition filed with council in accordance with subsection (a),

29

following at least fifteen days' personal notice to all owners

30

of abutting real estate not joining in [such] the petition, and

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1

following at least fifteen days' notice thereof in a newspaper

2

of general circulation [in the borough]. Following such hearing, 

3

council shall either by motion deny [such] the petition or by

4

ordinance open, [or] lay out and open [such] or vacate the 

5

street or portion [thereof] of the street. All provisions of

6

section 1731 [hereof] applicable to ordinances enacted by

7

authority of that section shall apply to ordinances enacted by

8

authority of this section.

9

(c)  A petition for the vacation of any street or portion of

10

a street may release the borough from all damages sustained as a

11

result of the vacation if the petition is signed by the owners

12

of all the property abutting upon the street or portion of the

13

street and, where the release shall have been included in the

14

petition, no proceedings for award of damages may be had and no

15

damages as a result of the vacation shall under any conditions

16

be awarded to any abutting property owner.

17

Section 1733.  [Procedure for Opening Street;] Action for

18

Damages and Benefits; Award [Thereof].--(a)  Upon the effective

19

date of an ordinance enacted to open a street or portion of a

20

street by authority of section 1731 or 1732 [hereof], the

21

borough shall have authority to enter upon and take possession

22

of the street or portion thereof opened by [such] the ordinance,

23

if no structures are upon [such] the street. If any structure

24

shall have been located upon [such] the street or portion

25

[thereof] of the street so opened, prior to the laying out of

26

[such] the street or prior to the simultaneous laying out and

27

opening [thereof, such] of the street, the street shall not be

28

opened until the owner of [such] the structure shall have been

29

given sixty days' personal notice to vacate the same. [If any of

30

the parties cannot agree upon damages sustained by reason of the

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1

opening of any street or portion thereof, such damages shall be

2

assessed by a jury of view under the provisions of the law

3

governing eminent domain.] Council shall not be required to file

4

any bond or security for the exercise of the right granted by

5

this section.

6

(b)  All parties whose ground is taken in the opening of a

7

street or portion [thereof] of the street shall have three years

8

from and after the effective date of the ordinance opening

9

[such] the street or portion [thereof] of the street in which to

10

bring an action for damages resulting [therefrom] from the

11

opening of the street or portion of the street. In case of the

12

assessment of damages for the opening of any street or portion

13

[thereof] of the street, the award of damages, if any, shall

14

include all damages resulting from the grade at which [such] the 

15

street or portion [thereof] of the street is to be opened; the

16

plan attached to the report of the viewers awarding the damages

17

shall [have therein] include a profile plan showing the existing

18

grade as well as the grade to which [such] the street or portion

19

[thereof] of the street is to be opened. Any costs and expenses

20

which cannot be assessed upon property benefited shall be paid

21

by the borough.

22

(c)  If the parties cannot agree upon damages sustained by

23

reason of the opening or vacation of any street or portion of a

24

street, the damages shall be assessed by a jury of view under

25

the law governing eminent domain.

26

Section 1734.  Acceptance and Dedication of Streets.--(a)  

27

Any borough may, by ordinance, accept any opened street not

28

previously dedicated to or laid out by the borough, by following

29

the procedure set forth in section 1731 or 1732 [hereof], and

30

the effect of [such] the acceptance shall be the same as of

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1

opening [such street: Provided, That no] the street. No street

2

may be accepted unless [such] the street connects with at least

3

one other previously opened street or State highway.

4

(b)  No borough shall acquire any right in or responsibility

5

for any street privately constructed until dedication of the

6

street shall have been presented to and accepted by the borough

7

and until the dedication shall have been recorded in the county

8

office for the recording of deeds.

9

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

10

Opened to Travel Without the Approval of Council.--(a)  No

11

person shall construct, dedicate, or open to travel any street,

12

or any drainage facilities in connection [therewith] with the

13

street, for public use or travel or for the common use of

14

occupants of buildings abutting thereon in any borough, without

15

first submitting suitable plans [thereof] to the council [for

16

its approval. Such] and obtaining its approval. The plans shall

17

be prepared in accordance with [such] rules and regulations as

18

may be prescribed by the council, and shall show the profiles of

19

[such] the street, the course, structure and capacity of any

20

drainage facilities, and the method of drainage of the adjacent

21

or contiguous territory, and also any other or further details

22

that may be required under the rules or regulations adopted by

23

the council.

24

(b)  The provisions of the "Pennsylvania Municipalities

25

Planning Code" shall govern the construction, security

26

requirements and dedication of streets and connected drainage

27

facilities when the streets proposed to be constructed are part

28

of a plan required by an ordinance adopted pursuant to the

29

"Pennsylvania Municipalities Planning Code."

30

(c)  Before acting upon [any such] plans not subject to

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1

review under subsection (b), [the] council may, at its

2

discretion, arrange for a public hearing after giving such

3

notice as it may deem desirable in each case. [The council is

4

authorized to] Council may alter [such] the plans, and [to] 

5

specify [any] changes or modifications of any [kinds, which it

6

may deem necessary with respect thereto,] kind and may make its

7

approval of [such] the plans subject to [any such] alterations,

8

changes or modifications. Any plans, when so approved, shall be

9

signed on behalf of the borough by such officer as the council

10

may designate, and shall be filed where the same shall be

11

available to public inspection among the records of the borough

12

at all reasonable times. [No street, or any drainage facilities

13

in connection therewith, shall be constructed or dedicated for

14

public use or travel, except in strict accordance with plans so

15

approved by the council, or with further plans subsequently

16

approved by it in the same manner.

17

In any case where council has heretofore required or shall

18

hereafter require the construction or improvement of streets or

19

parts of streets, or of any drainage facilities in connection

20

therewith, or the posting of a bond or other security for so

21

doing, within any parts or subdivisions of a borough, as a

22

condition to approval of any plan thereof, and the materials or

23

other specifications for such construction or improvements are

24

required by the borough to be of better quality or type or

25

otherwise superior to and more costly than those of most of the

26

already existing streets and drainage facilities in connection

27

therewith of the borough, or of the particular zone of the

28

borough, in case it has a zoning ordinance, the cost of such

29

construction or improvement shall be allocated and paid in

30

accordance with the provisions of section 1761 of this act, and

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1

the submission of a plan shall not be deemed a petition for the

2

construction or improvements so required, but if the borough

3

shall require substantially the same quality or type and

4

specifications of street and drainage facilities as generally

5

exists either in the borough, or, if the borough has a zoning

6

ordinance, in the particular zone involved, the submission of a

7

plan shall be deemed a petition therefor by a majority in the

8

number of feet assessable, properties abutting thereon, and the

9

cost of such constructions and improvements shall be paid in

10

accordance with the provisions of section 1761 of this act under

11

such circumstances: Provided, That council and the person or

12

persons submitting a plan may in all cases, by agreement,

13

provided otherwise as to such costs: And provided further, That

14

this section shall not authorize the recovery or avoidance of

15

any such costs heretofore agreed to or paid. Whenever council

16

requires the construction or improvement of streets or parts

17

thereof, it shall establish or cause to be established the

18

grades of such streets or parts, or shall approve the grades

19

indicated upon the plan submitted before such streets or parts

20

are improved or constructed. Council's approval of plans,

21

whether or not such plans are subject to any such conditions as

22

to streets, parts of streets, or drainage facilities in

23

connection therewith, shall constitute the streets as shown upon

24

the plans so approved as streets of the borough, any plan so

25

approved as filed and as recorded, indicate clearly all such

26

constructions and improvements required to be made, the grades

27

thereof, the materials and other specifications required, and

28

the allocation of cost thereof, as provided by law or as agreed

29

upon.] No approval of plans by council may obligate or require

30

the borough to construct, reconstruct, maintain, repair or grade

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1

any street or drainage facilities associated therewith.

2

(d)  In any case where the borough council shall refuse to

3

approve any plans submitted to it, any person aggrieved by the

4

action of council may, within thirty days after the action,

5

appeal from the action, by petition to the court of common pleas

6

of the county which court shall hear the matter de novo, and,

7

after hearing, may enter decree affirming, reversing or

8

modifying the action of the council as may appear just. The

9

court shall designate the manner in which notice of the hearing

10

of an appeal shall be given to all parties interested. The

11

decision of the court shall be final.

12

Any plan approved by the action of borough council or by the

13

court on appeal shall be recorded by the person applying for

14

approval in the office of the recorder of deeds in the county.

15

(e)  If any street, or any drainage facilities in connection

16

with the street, shall be opened, constructed or dedicated for

17

public use or travel, except in strict accordance with plans

18

approved by the council, or the court on appeal, as provided in

19

this article, neither the borough council nor any other public

20

authority shall place, construct or operate any sewer, drain,

21

water pipe or other facilities, or do any work of any kind in or

22

upon the street; and neither borough council nor any other

23

public authorities shall have any responsibility of any kind

24

with respect to any such street, or drainage facilities,

25

notwithstanding any use of the same by the public, provided that

26

nothing in this article shall prevent the laying of trunk

27

sewers, drains, water or gas mains, if required by engineering

28

necessity for the accommodation of other territory.

29

(f)  Any person who constructs, opens or dedicates any street

30

or any drainage facilities in connection with a street, for

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1

public use or travel in any borough, without having first

2

complied with the provisions of this article shall be guilty of

3

a misdemeanor of the third degree and shall be subject to a suit

4

for all costs and damages incurred by the borough or property

5

owners in the course of correcting all substantive violations of

6

State law or borough ordinance resulting from or arising out of

7

the unlawfully constructed street or facilities. Nothing in this

8

section shall be construed to apply to the Department of

9

Transportation.

10

Section 208.  Sections 1736 and 1737 and Article XVII

11

subdivision (e) heading of the act are repealed:

12

[Section 1736.  Appeal From Refusal of Council.--In any case

13

where the borough council shall refuse to approve any plans

14

submitted to it, any person aggrieved by the action of such

15

council may, within thirty days after such action, appeal from

16

such action, by petition to the court of quarter sessions of the

17

county which court shall hear the matter de novo, and, after

18

hearing, may enter decree affirming, reversing or modifying the

19

action of the council as may appear just in the premises. The

20

court shall designate the manner in which notice of the hearing

21

of any such appeal shall be given to all parties interested. The

22

decision of the court shall be final.

23

The action of the borough council, or the court on appeal, in

24

approving any such plan, and such approved plan, shall be

25

recorded by the person applying for such approval in the office

26

of the recorder of deeds in the county.

27

Section 1737.  Streets Opened Without Approval; Penalty.--If

28

any street, or any drainage facilities in connection therewith,

29

shall be opened, constructed or dedicated for public use or

30

travel, except in strict accordance with plans approved by the

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1

council, or the court on appeal, as provided in this

2

subdivision, neither the borough council nor any other public

3

authority shall place, construct or operate any sewer, drain,

4

water pipe or other facilities, or do any work of any kind in or

5

upon such street; and neither borough council nor any other

6

public authorities shall have any responsibility of any kind

7

with respect to any such street, or drainage facilities,

8

notwithstanding any use of the same by the public: Provided,

9

however, That nothing herein contained shall prevent the laying

10

of trunk sewers, drains, water or gas mains, if required by

11

engineering necessity for the accommodation of other territory.

12

Any person who shall construct, open or dedicate any street

13

or any drainage facilities in connection therewith, for public

14

use or travel in any borough, without having first complied with

15

the provisions of sections 1735 and 1736 of this act, or of any

16

borough ordinance adopted pursuant thereto, shall be guilty of a

17

misdemeanor, and, upon conviction thereof, shall be sentenced to

18

pay a fine not exceeding one thousand dollars ($1000), or suffer

19

imprisonment not exceeding two years, or both, in the discretion

20

of the court. Nothing herein contained shall be construed to

21

apply to the Department of Highways of the Commonwealth.

22

(e)  Vacating Streets]

23

Section 209.  Section 1741 of the act, amended June 28, 1979

24

(P.L.55, No.23), is repealed:

25

[Section 1741.  Authority to Vacate Streets; Procedure.--Any

26

borough shall have authority, by ordinance, to vacate or close

27

any street or portion thereof previously opened or laid out, but

28

no street or portion thereof providing the sole means of access

29

to any lot or tract of land shall be vacated unless those to

30

whom access would be denied shall consent. No such ordinance

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1

shall become effective until forty days after the enactment

2

thereof. Within ten days after the enactment of any such

3

ordinance, the borough shall give written notice by United

4

States certified mail return receipt requested to the personal

5

address to the owners of all property abutting on the street or

6

portion thereof so proposed to be vacated. If any street or

7

portion thereof proposed to be vacated shall be on a recorded

8

plan, the borough shall also give thirty days notice in a

9

newspaper of general circulation in the borough of the proposed

10

vacation directed to all the owners of property abutting on the

11

street or portion thereof proposed to be vacated by name and

12

directed generally to all other owners of property appearing on

13

such plan. In the event any owners of property abutting on the

14

street or portion thereof so proposed to be vacated cannot be

15

found a copy of the ordinance shall be posted on the premises of

16

such property owner within ten days after the enactment of any

17

such ordinance. During such forty-day period between the

18

enactment and taking effect of such ordinance, any interested

19

party may petition council for a hearing, which council shall

20

hold within thirty days after the date of such petition, and of

21

which the borough shall give at least fifteen days' notice in a

22

newspaper of general circulation in the borough. Any such

23

petition shall serve to stay the effective date of such

24

ordinance, until council shall have held such hearing and shall

25

have acted upon such petition by motion, or, in case of further

26

appeal, until the court shall have finally disposed of the

27

matter. After such hearing and within thirty days after action

28

by council upon such petition, any party aggrieved by council's

29

action thereupon may appeal to the court of common pleas.]

30

Section 210.  Sections 1742, 1743 and 1744 of the act are

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1

repealed:

2

[Section 1742.  Petition for Vacating Street; Action

3

Thereon.--Any person or persons constituting a majority in

4

number and interest of the owners of the real estate abutting

5

upon any street or portion thereof may petition the council to

6

vacate such street or portion thereof. Council shall hold a

7

hearing upon such petition, following at least fifteen days'

8

personal notice to all owners of abutting real estate not

9

joining in such petition, and following at least fifteen days'

10

notice thereof in a newspaper of general circulation in the

11

borough. Following such hearing the council shall either by

12

motion deny such petition or by ordinance vacate such street or

13

portion thereof. All provisions of section 1741 hereof

14

applicable to ordinances enacted by authority of that section

15

shall apply to ordinances enacted by authority of this section:

16

Provided, That any petition for the vacation of any street or

17

portion thereof may release the borough from all damages

18

sustained as a result of such vacation, if such petition is

19

signed by the owners of all the property abutting upon such

20

street or portion thereof, and, where any such release shall

21

have been included in such petition, no proceedings for award of

22

damages shall be had and no damages as a result of such vacation

23

shall under any conditions be awarded to any abutting property

24

owner.

25

Section 1743.  Action for Damages.--If the parties cannot

26

agree upon the damages sustained by reason of the vacation of

27

any street or portion thereof, such damages shall be assessed by

28

a jury of view under the law governing eminent domain.

29

Section 1744.  Effect of Vacation.--When a street or portion

30

thereof shall have been vacated, all public right in or to such

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1

street or portion thereof shall cease, but such vacation shall

2

not affect any private rights acquired by any of the owners of

3

abutting property.]

4

Section 211.  Article XVII subdivision (f) heading of the act

5

is reenacted to read:

6

(f)  Straightening and Relocating Streets

7

Section 212.  Section 1751 of the act is amended to read:

8

Section 1751.  Authority to Straighten and Relocate Streets;

9

Procedure.--[Any borough] Council may, by ordinance, provide for

10

straightening [and/or] or relocating any street previously

11

opened, involving the opening of a portion of [such] the 

12

straightened [and/or relocate] or relocated street over land not

13

previously a portion of [such] the street [and/or] or the

14

vacation of a portion of such previously opened street no longer

15

to be used for street purposes. [In such cases, such] The 

16

straightening [and/or] or relocation shall be considered as an

17

opening [and/or] or vacation and shall be effected in the same

18

manner and by the same procedure as provided in [prior sections

19

of this article for opening or vacation of streets, as the case

20

may be, but such opening and/or vacation] section 1731 but may

21

be considered as a single proceeding, to be effected by

22

enactment of a single ordinance[, and it shall not be necessary

23

to enact one ordinance for vacation and another for opening].

24

Section 213.  Article XVII subdivision (g) heading of the act

25

is reenacted to read:

26

(g)  Improvement of Borough Streets

27

Section 214.  Section 1761 of the act is amended to read:

28

Section 1761.  Proceedings With or Without Petition.--

29

Boroughs with petition or without petition may improve streets,

30

or parts [thereof] of streets, or a particular width, or

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1

additional widths [thereof] of streets, with or without the

2

assistance or contribution of the United States of America, the

3

[State] Commonwealth, the county, or a corporation occupying the

4

thoroughfare and may assess and collect the whole cost [thereof] 

5

of improvement, or the whole cost not thus aided or contributed,

6

or any part [thereof] of the cost, from the owners of real

7

estate abutting on the improvement [by an equal assessment on

8

the foot-front basis or according to benefits as provided in

9

article XV of this act including the expenses of the necessary

10

drainage. The council may make equitable adjustments for corner

11

lots or lots of irregular shape where an assessment for full

12

frontage might be unjust. Property not otherwise assessable

13

shall become assessable by the petition of the owner or the

14

owners' representative. In all cases where the whole width of

15

the highway is being paved without State or County aid and more

16

than two-thirds of the total cost is proposed to be assessed on

17

abutters the borough shall for this purpose be considered as

18

owner of non-assessable property, of street intersections and of

19

the deducted frontage on equitable adjustment. At the discretion

20

of the borough council, the total cost of the improvement or a

21

lesser amount, if the borough desires, may be assessed on the

22

assessable properties abutting without any deduction for non-

23

assessable property or street intersections, or for the

24

equitable adjustments aforesaid, if the petition states that the

25

total cost may be assessed on the abutters: Provided, if in

26

connection with such proceedings any street or sidewalk is so

27

graded or changed in grade that private property is damaged

28

thereby and the damages have not been released or agreed upon,

29

then the damages shall be awarded as provided in the law

30

governing eminent domain, and benefits, costs, and expenses in

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1

connection with the improvement shall be assessed as provided in

2

article XV: Provided further, That owners of all real estate

3

abutting upon any such improvement shall be assessable for the

4

cost thereof, whether such property owner be a natural person,

5

partnership, association, firm or corporation, including but not

6

limited to any nonprofit corporation or association, and any

7

public utility corporation, or political subdivision, but not

8

including the Commonwealth of Pennsylvania or the United States

9

of America] in accordance with Article XXI-A.

10

Section 215.  Sections 1762 and 1763 of the act are repealed:

11

[Section 1762.  Notice of Assessments.--The borough secretary

12

of the borough shall cause thirty days' personal notice of the

13

assessment to be given to each party assessed.

14

Section 1763.  Collection of Assessments.--If any assessment

15

shall remain unpaid at the expiration of the notice, it shall be

16

the duty of the borough solicitor to collect the same, with

17

interest from the time of completion of the improvement, by

18

action of assumpsit, or by a lien to be filed and collected in

19

the same manner as municipal claims. When an owner has two or

20

more lots, against which there is an assessment for the same

21

improvement, all of such lots may be embraced in one claim.]

22

Section 216.  Article XVII subdivision (h) heading of the act

23

is reenacted to read:

24

(h)  Improvement of Streets Outside or Partly

25

Outside Borough Limits

26

Section 217.  Section 1771 of the act is amended to read:

27

Section 1771.  [Agreements to Improve Boundary Streets.--] 

28

Improvement of Streets Outside or Partly Outside Borough

29

Limits.--(a)  Any borough may enter into a written agreement,

30

with any adjoining municipality [and/or township] for improving

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1

streets which may be boundaries between [such] the borough and

2

municipality [or township], and may provide in [such] the 

3

contract [that] for the division of the damages, costs, and

4

expenses of [such] the improvement [shall be divided between

5

such borough, municipality, and/or township in the proportion

6

agreed upon]. The borough may assess its share of [such] the 

7

costs against the owner of property abutting upon the borough's

8

side of [such] the improvement, in the manner provided in

9

[sections 1761, 1762 and 1763 of this act] Article XXI-A or may

10

agree to pay any part of the costs, damages and expenses of the

11

improvements out of the general funds.

12

The portion of the damages, costs, and expenses agreed to be

13

paid by the borough, shall be ascertained as provided in the law

14

governing eminent domain[, and the benefits incident thereto

15

shall be assessed and collected in the manner provided in

16

article XV of this act; but the borough may agree to pay any

17

part of the costs, damages, and expenses of such improvements

18

out of the general funds].

19

(b)  Whenever the center line of any street constitutes the

20

dividing line between any borough and a township located in the

21

same county, any agreement to improve and maintain the street

22

shall be made with the governing bodies of the township and, if

23

necessary, the county. The improvement shall be constructed and

24

subsequent repairs shall be made under the supervision of the

25

borough, and in compliance with plans to be agreed upon, in

26

writing, by the parties. One-half of the cost of the repairs

27

shall be borne by the borough. The borough may assess its share

28

of costs against the owners of property abutting on the

29

borough's side of the improvement, in the manner provided in

30

Article XXI-A.

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1

(c)  Whenever any street, more than one-half the width or the

2

entire width of which is within the limits of any borough, shall

3

divide the borough from any other municipality, the street may

4

be improved by the borough. The property abutting on the side of

5

the street, which is located outside the limits of the borough

6

making the improvements, may, for a depth of one hundred and

7

fifty feet, plus one-half the width of the street, from its

8

center line, be assessed for any and all municipal improvements

9

to or on the street in accordance with Article XXI-A.

10

(d)  A borough may appropriate and expend moneys for the

11

improvement of a street, not to exceed one mile in length,

12

outside the limits of the borough for the purpose of connecting

13

improved streets in the borough with State highways, interstate

14

highways and county roads.

15

Section 218.  Sections 1772, 1773, 1774 and 1775 of the act

16

are repealed:

17

[Section 1772.  Proceedings to Improve Boundary Streets by

18

Agreement with Counties and Townships.--Whenever the center line

19

of any street constitutes the dividing line between any borough

20

and a township located in the same county, the borough may enter

21

into a contract with the commissioners of the county and the

22

commissioners or supervisors of the township, as the case may

23

be, to improve such street. Such improvement shall be

24

constructed and subsequent repairs shall be made under the

25

supervision of the borough, and in compliance with the plans to

26

be agreed upon, in writing, between such borough and the

27

commissioners of the county and the commissioners or supervisors

28

of the township. One-half of the cost of such repairs shall be

29

borne by the borough. The borough may assess its share of such

30

costs against the owners of property abutting on the borough's

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1

side of such improvement, in the manner provided in section

2

1761, 1762 and 1763 of this act.

3

Section 1773.  Streets More Than One-Half the Width of Which

4

Are Within the Borough.--Whenever any street, more than one-half

5

the width of which is within the limits of any borough, shall

6

divide such borough from any other municipality or township,

7

such street may be improved by the borough within which the

8

greater width is located, in the same manner as if such street

9

were entirely located within the limits of said borough. The

10

property abutting on the side of such street, which is located

11

outside the limits of the borough making such improvements,

12

shall, for a depth of one hundred and fifty feet, plus one-half

13

the width of such street, from its center line, be assessed for

14

any and all municipal improvements to or on the said street in

15

the same manner as such property would be assessed under the

16

laws of the Commonwealth if it were entirely located within the

17

limits of such borough.

18

Section 1774.  Assessment on Property Outside Limits Where

19

Boundary Line Street Entirely Within Borough.--Wherever any

20

street, entirely within the limits of any borough, shall divide

21

such borough from any other municipality or township, located in

22

the same county, the property on the side of the street opposite

23

the line of the borough shall, for the depth of one hundred and

24

fifty feet, be assessed for municipal improvements on such

25

streets on which such property shall abut, in the manner

26

provided by this article for assessments by the foot-front rule;

27

and such improvements may be made, assessed, and collected in

28

accordance with the provisions of this article for assessments

29

by the foot-front rule.

30

Section 1775.  Streets Outside Limits; Appropriations to

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1

Improve Connecting Links.--Any borough may, singly, or jointly

2

with any other borough, city, township and/or county,

3

appropriate and expend moneys for the improvement of streets

4

outside the limits of such borough, for the purpose of

5

connecting improved streets in such borough with State highways.

6

No such street shall be improved which shall be more than one

7

mile in length.]

8

Section 219.  Article XVII subdivision (i) heading of the act

9

is amended to read:

10

(i)  Acquisition [and/or] or Use of Abutting

11

Lands [for Embankments, Slopes, Fills and

12

Culverts, or for Unobstructed View]

13

Section 220.  Section 1781 of the act is repealed:

14

[Section 1781.  Use of Abutting Lands for Embankments,

15

Slopes, Fills, and Culverts.--In the improvement of any street

16

or portion thereof, any borough may use as much of the land

17

abutting on the same for the construction of embankments,

18

slopes, fills and culverts, as may be necessary and proper for

19

the completion of the improvement; and the assessment of

20

damages, costs, and expenses, resulting thereby, shall be

21

regarded as other assessments of damages, costs, and expenses,

22

caused by the improvement of streets, in said borough, and shall

23

be assessed and paid, as is provided by the law governing

24

eminent domain.]

25

Section 221.  Section 1782 of the act is amended to read:

26

Section 1782.  Acquisition of Property for Unobstructed

27

View.--(a)  Any borough may, singly or jointly with another

28

[borough, city, county or township] municipality, acquire, by

29

purchase or by the right of eminent domain, a free and

30

unobstructed view down and across [such] lands located at or

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1

near the intersection of any two streets or highways or a street

2

or highway and a railroad or railway or at a curve in any street

3

or highway as may be necessary to assure a free and unobstructed

4

view in all directions at such crossings, and to so prevent the

5

use of [such] the lands for any purpose or in any manner which

6

may interfere with or obstruct the view of persons traveling

7

upon any such street or highway.

8

[Upon any such] (b)  After condemnation, the borough [having

9

had such view condemned] may, from time to time, abate or remove

10

or cause to be abated or removed any obstruction to the view

11

over and across [such] the lands except poles used in furnishing

12

[telephone, telegraph or electric] service to the public.

13

(c)  The proceedings for the condemnation of [such] the view

14

over and across [such] lands and for the assessment of damages

15

for property taken, injured or destroyed, or the portion thereof

16

agreed to be paid by the borough if the taking is jointly with

17

another [borough, city, county or township] municipality, shall

18

be taken in the manner provided in the law governing eminent

19

domain.

20

(d)  Upon the purchase or condemnation of a view, the owner

21

of [such] the lands may make every [such use thereof] use of the

22

lands as will not interfere with a free and unobstructed view at

23

the dangerous crossing or curve [and, unless specially provided

24

for in such purchase or condemnation proceedings, such purchase

25

or condemnation shall be constructed to prevent the owner

26

thereof from using the land for pasture or the growing of grass,

27

oats, wheat or other crops which will not obstruct the vision

28

more than wheat].

29

Section 222.  Article XVIII heading of the act is reenacted

30

to read:

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1

ARTICLE XVIII

2

SIDEWALKS

3

Section 223.  Sections 1801 and 1802 of the act are amended

4

to read:

5

Section 1801.  Power to Lay Out[, Ordain] and Establish

6

Sidewalks and to Compel the Construction Thereof.--Any borough

7

may, by ordinance, lay out[, ordain] and establish sidewalks,

8

curbs, gutters and surface water drains along any street, and,

9

with the consent of the Secretary of [Highways] Transportation 

10

of the Commonwealth, along any State highway, and may, with or

11

without petition, require owners of property abutting on any

12

street or State highway to grade, construct, drain, pave and

13

repave the sidewalk, curb or gutter and keep [the same] them in

14

repair, and in safe and usable condition along [such] the 

15

property, at such grades and under such regulations and

16

specifications as council may prescribe[: Provided, That the].

17

The word "sidewalk" as used in this article, shall mean and

18

include the portion of a street located outside the cartway, and

19

may include paved footway, unpaved grassplot, curb and gutter.

20

Section 1802.  Sidewalks on Land Abutting State Highways and

21

Along Roads Outside Borough.--Any borough may [ordain and], by

22

ordinance, lay out sidewalks, gutters, [and/or] and surface

23

water drains upon land abutting the sides of State highways, and

24

upon land abutting the sides of public roads, where such roads

25

are outside the borough limits, but the land upon which [such] 

26

the sidewalks, gutters [and/or] and surface water drains are to

27

be laid out is within the borough limits.

28

Section 224.  Sections 1803 and 1804 of the act are reenacted

29

to read:

30

Section 1803.  Establishment of Grades.--Any borough may

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1

establish a grade or grades for sidewalks, which grade or grades

2

may be separate and apart from the grade or grades established

3

for the cartway or roadway.

4

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

5

Grading and Curbing.--The borough may pay all or any part of the

6

cost and expenses of grading and curbing any sidewalk.

7

Section 225.  Section 1805 of the act is amended to read:

8

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

9

the [neglect] failure of any property owner to comply with any

10

of the requirements provided in the preceding sections of this

11

article, the borough may, after notice, cause the grading,

12

paving, repairing, curbing, [and/or] and guttering to be done at

13

the cost of [such] the owner, and may collect the cost [thereof] 

14

of the work and ten percent additional, together with all

15

charges and expenses, from [such] the owner, and may file a

16

municipal claim [therefor] for the amounts or collect the [same] 

17

amounts by action in assumpsit.

18

All [such] notices shall be served upon the owner of the

19

premises to which the notice refers, if [such] the owner is a

20

resident of the borough. If the owner is not a resident, then

21

the notice may be served upon the agent or tenant of the owner,

22

or upon the occupant of [such] the premises[, after such

23

premises, if]. If the owner has no agent or tenant or there is

24

no occupier of [such] the premises, then service shall be by

25

notice posted upon the premises. The notice required by this

26

section shall specify a period of time of not less than thirty

27

days for the owner to complete the specified work. If the work

28

has not been completed after the specified time has elapsed, the

29

owner shall be deemed to have failed to comply.

30

Section 226.  Section 1806 of the act, amended December 21,

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1

1988 (P.L.1413, No.171), is amended to read:

2

Section 1806.  Emergency Repairs to Sidewalks.--In addition

3

to the remedies now vested in boroughs to make repairs to

4

sidewalks, any borough shall have power to make emergency

5

repairs to any sidewalks [thereon, where, in the opinion of the

6

officer or head of the department or committee lawfully having

7

charge of sidewalk repairs, a dangerous condition exists that

8

can be repaired by an expenditure of not more than five hundred

9

dollars ($500)] within the borough if an inspection of the

10

sidewalk discloses that, and a certificate made by the officer

11

or head of the department or committee lawfully having charge of

12

sidewalk repairs specifies that, a dangerous condition exists

13

that can be repaired by an expenditure of not more than one

14

thousand dollars ($1,000). Before [any such] repairs are made, a

15

notice to make the repairs within forty-eight hours shall be

16

served upon the owner of the [said] property. If the owner

17

cannot be served within the county, notice may be served upon

18

the agent of the owner or the party in possession, or if there

19

is no agent or party in possession, the notice may be served by

20

posting the same upon [such] the premises.

21

Upon the completion of the work, the cost [thereof] shall be

22

a charge against the owner of the property, and shall be a lien,

23

until paid, upon the abutting property, provided a claim is

24

filed [therefor] in accordance with the law providing for the

25

filing and collection of municipal claims. [Any such] The charge

26

may also be collected by action of assumpsit. This section is

27

intended to provide an additional remedy for boroughs in

28

connection with emergency repairs, where the actual cost of

29

doing the work does not exceed [five hundred dollars ($500)] one

30

thousand dollars ($1,000), and the certificate of the officer or

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1

head of the department or committee in charge of repairs to

2

sidewalks shall be conclusive evidence of the existence of the

3

emergency justifying the repair under the terms of this section.

4

Section 227.  Article XIX heading of the act is reenacted to

5

read:

6

ARTICLE XIX

7

BRIDGES, VIADUCTS AND UNDERGROUND

8

PASSAGEWAYS

9

Section 228.  Sections 1901, 1902, 1903, 1904 and 1905 of the

10

act are amended to read:

11

Section 1901.  Construction or Acquisition and Maintenance of

12

Bridges and Viaducts.--Any borough may locate and build, or

13

acquire by purchase, condemnation or otherwise, any bridge or

14

viaduct and the piers, approaches and abutments therefor, to be

15

used and thereafter improved and maintained as a street, over

16

any river, creek, stream, railroad or public or private property

17

or over and across a combination of any of them, whether [such] 

18

the bridge or viaduct shall be wholly or partly within[, or

19

partly within and partly without] the borough limits. The

20

proceedings for laying out and opening [any such] a bridge or

21

viaduct shall be the same as provided by this act for the laying

22

out and opening of streets, and [any such] the bridge or viaduct

23

or portion [thereof] of the bridge or viaduct may thereafter be

24

vacated under the same procedure as provided in this act for the

25

relocation or vacation of streets or portions thereof.

26

Section 1902.  Right to Appropriate Property; Assessment of

27

Damages.--In any case where the borough shall not have agreed

28

with the owner or owners for damages done, or likely to be done,

29

by the erection of [any such] a bridge or viaduct, the borough

30

may take and appropriate the land and property necessary, over

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1

and across which to erect [such] the bridge or viaduct and the

2

damages caused by [such] the taking and appropriation shall be

3

assessed according to the law governing eminent domain.

4

Section 1903.  Boundary Bridges.--Whenever a bridge or

5

viaduct shall cross the boundary line of a borough and another

6

municipality [or township], the borough may [unite] enter into

7

an intergovernmental cooperation agreement in accordance with 53

8

Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

9

cooperation) with [such] the municipality [or township] in the

10

construction and maintenance of [such] the bridge, and shall

11

[pay an equal share of the expenses incident thereto] apportion

12

the costs as per the intergovernmental agreement.

13

Section 1904.  Contracts With Railroads and Other Companies

14

and With Counties.--The borough may also enter into a contract

15

with the county commissioners, and also with railroads, street

16

railways, and other companies, or parties interested, for the

17

building and maintenance of [such] bridges or viaducts, and for

18

the payment of any damages caused by the location or erection

19

thereof. [Such] The contracts may stipulate that the borough,

20

county, railroad company, street railway, or other company or

21

party interested, shall pay a certain part of the contract price

22

of the work, including damages; or may stipulate that each shall

23

construct a certain portion of the work, and may provide

24

otherwise for the payment of damages.

25

When any railroad company, street railway, or other company

26

or party interested, shall agree to pay a certain portion of the

27

cost of [such] the work, it shall pay the same into the borough

28

treasury; and the borough treasurer shall pay the same over to

29

the contractor, as may be provided in the contract; but the

30

amount to be paid by the county shall be paid directly to the

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1

contractor. The agreement may provide for the maintenance of the

2

bridges and viaducts after their erection. Nothing [herein

3

contained] in this section shall authorize any borough to

4

contract with a county for the maintenance of any bridge or

5

viaduct which does not cross a place over which the county is

6

authorized to build bridges; but [such] the bridge or viaduct

7

shall be maintained as a borough structure, and the borough may

8

contract with any party interested, except the county, for the

9

maintenance of the [same.] bridge or viaduct. Nothing in this

10

section shall affect the powers or duties of the Public Utility

11

Commission to the extent otherwise provided by law.

12

Section 1905.  Overhead and Underground Passageways.--

13

Whenever the comfort and safety of the residents of any borough

14

and any adjoining municipality [or township] be enhanced by any

15

overhead or underground passageway connecting with adjoining

16

streets in either borough or municipality [or township], and

17

extending to any plant or place of business where residents of

18

[such] the borough are employed, [such] the borough may jointly

19

with each adjoining municipality [or township], construct and

20

maintain any [such] passageway or they may join with other

21

interests in the construction and maintenance [thereof] of the

22

passageway.

23

Section 229.  Article XX heading of the act is reenacted to

24

read:

25

ARTICLE XX

26

SANITARY SEWERS

27

Section 230.  Article XX subdivision (a) heading and sections

28

2001 and 2002 of the act are amended to read:

29

(a)  Laying Out, [Ordaining and] Construction

30

and Operation of Sanitary Sewers and Construction

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1

of Sewage Treatment Works

2

Section 2001.  Power to Lay Out[, Ordain] and Construct.--

3

[Boroughs, with the consent and permit of the Sanitary Water

4

Board, and of the Water and Power Resources Board, where

5

requested,] (a)  (1)  Upon enactment of an ordinance, boroughs 

6

may lay out[, ordain] and construct sanitary sewers and branches

7

of sanitary sewers in streets and on public or private property,

8

and may construct sewage treatment works on land owned or

9

acquired for such purposes[, and]. Boroughs may pay the costs

10

and expenses [thereof] of sanitary sewer systems and treatment

11

works out of borough funds, or may assess the costs and expenses

12

[of sanitary sewers as herein provided] pursuant to Article XXI-

13

A.

14

(2)  Boroughs may determine the location and the manner in

15

which sanitary sewer systems shall be constructed. Sanitary

16

sewers laid and constructed in streets may be located in the

17

center of the street or [on either side of the cartway] in the

18

right-of-way or [of] the curb lines [thereof] of the street in

19

any street and may be for the service and use of properties on

20

both sides of the street or on only one side of the street in

21

which they are laid, as directed by the borough council[, and

22

the costs and expenses of such sanitary sewers may be assessed

23

against properties benefited, accommodated or improved thereby

24

regardless of the property line location, and regardless of

25

whether any portion of a property so benefited, accommodated or

26

improved shall physically abut upon such sanitary sewer. The

27

term "sanitary sewer,"]. Boroughs shall have the authority to

28

lay out and construct sanitary sewers in any street, any portion

29

of which is within the limits of the borough, and which forms a

30

portion of the boundary dividing the borough from any other

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1

municipal corporation within the same county, in the same manner

2

and to the same extent as if the whole of the street was within

3

the limits of the borough.

4

(3)  Whenever any borough is maintaining and operating a

5

sanitary sewer system and sewage treatment works, it shall be

6

lawful for the borough to supply sewerage service to

7

municipalities, persons and corporations outside the limits of

8

the borough and to enter into contracts for service at rates not

9

less than those required to be paid by persons and corporations

10

within the limits of the borough. This privilege shall not

11

conflict with the rights of any sewer company or the rights of

12

any other borough.

13

(b)  (1)  If required by other law, a borough shall obtain

14

the consent and permit of the Department of Environmental

15

Protection, or other Federal, State or county entity, including

16

the Pennsylvania Turnpike Commission, for the laying out and

17

construction of a sanitary sewer and treatment works.

18

(2)  Where construction beyond the limits of the borough is

19

entirely within the limits of a State or county highway or the

20

turnpike, a sanitary sewer may be constructed in or under the

21

State or county highway, or turnpike, provided that written

22

notice is given to the Department of Transportation, county

23

commissioners or Pennsylvania Turnpike Commission, respectively,

24

and its consent obtained before construction is commenced.

25

Permission shall not be unreasonably withheld.

26

(c)  Borough council may by ordinance make regulations

27

respecting the use and maintenance of the sanitary sewer system

28

and treatment works. The regulations may:

29

(1)  specify materials and substances which may or may not

30

enter the public sewer or sewer system;

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1

(2)  require that certain types or classes of waste be

2

subjected to treatment or to grinding or other reduction in size

3

before entering into the sewer;

4

(3)  restrict the quantity of waste material that may enter a

5

sanitary sewer from any premises within any time interval; and

6

(4)  require that property owners provide means other than

7

the public sanitary sewers for disposal of storm, surface and

8

roof water originating or accumulating upon their property.

9

Violations of the ordinance may be enforced by penalties.

10

(d)  (1)  "Sanitary sewer" or "sanitary sewer system," as

11

used in this article, shall mean [and include] a sewer or sewers 

12

used for receiving and collecting sewage matter and liquid waste

13

from the inside of buildings and structures[, and, in those

14

boroughs where there shall be what is known as "combined

15

sewers," receiving, in addition to such]. Storm water shall not

16

be permitted to enter into a sanitary sewer. A sanitary sewer or

17

sanitary sewer system shall not include a combined sewer.

18

(2)  "Combined sewer" shall mean a sewer used for the

19

receiving and collecting of sewage and liquid waste from the

20

inside of buildings and structures, storm water, roof or surface

21

drainage [or any of them, the term "sanitary sewer," as used in

22

this article, shall include such combined sewers], sump pump

23

discharge and draining from foundation drains.

24

(3)  "Sewer system," as opposed to a "sanitary sewer system,"

25

shall be either a sanitary sewer or a combined sewer and shall

26

include pump stations and force mains.

27

Section 2002.  [Assessment According to Benefits.--Where a

28

borough constructs sanitary sewers and desires to assess the

29

costs and expenses upon property benefited, whether or not such

30

property abuts upon such sewer, then on petition, viewers shall

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1

be appointed, as provided in article XV of this act, who shall

2

assess the damages, costs, and expenses of the sanitary sewer

3

upon the property benefited, accommodated or improved according

4

to benefits, if sufficient can be found, but if not, then the

5

deficiency when finally ascertained shall be paid by the

6

borough. The proceedings of the viewers and the proceedings of

7

their report shall be as provided in article XV of this act.]  

8

Assessments.--Assessments, whether based according to benefits

9

conferred or by the front foot basis, and assessment awards, if

10

any, shall be calculated pursuant to Article XXI-A.

11

Section 231.  Sections 2003, 2004 and 2005 of the act are

12

repealed:

13

[Section 2003.  Assessment by Foot-front Rule.--Where a

14

borough constructs sanitary sewers and desires to assess the

15

costs and expenses thereof by the foot-front rule, it may by

16

ordinance provide that the expenses shall be assessed against

17

the property benefited, improved or accommodated by any sanitary

18

sewer, whether or not such property abuts upon such sewer, by

19

the foot-front rule and may provide for equitable assessments

20

and/or adjustments when special conditions exist where an

21

assessment for the full frontage would be unjust. The secretary

22

of the borough shall cause thirty days' notice of the assessment

23

to be given to each party assessed, either by service on the

24

owner or his agent, or left on the assessed premises.

25

Section 2004.  Places and Manner of Construction.--The

26

borough shall fix the places along, where such sanitary sewer

27

and branches thereof, shall be laid down, and shall prescribe

28

the manner in which they shall be constructed.

29

Section 2005.  Permit from Sanitary Water Board.--No contract

30

for the construction of any sewer system or treatment works

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1

shall be entered into until a permit for the construction of the

2

same shall have been obtained from the Sanitary Water Board.]

3

Section 232.  Section 2006 of the act, amended October 9,

4

1967 (P.L.399, No.181), is repealed:

5

[Section 2006.  Assessments of Cost.--Whenever any borough

6

shall construct any sanitary sewer and assess the cost thereof

7

by the foot-front rule, the assessment, duly certified under the

8

seal of the borough, attested by the president of council and

9

secretary, shall be collectible from the owner of property

10

benefited, improved or accommodated thereby.

11

Such certificate of assessment shall be prima facie evidence,

12

in any suit for the recovery of same, of the correctness and

13

validity of such assessment.

14

The assessment herein referred to shall be computed under the

15

terms of the ordinance, but the individual assessments need not

16

be expressed therein.]

17

Section 233.  Sections 2007 and 2008 of the act are repealed:

18

[Section 2007.  Collections of Assessments.--If the owners of

19

property against which a foot-front assessment has been made

20

shall refuse to pay such assessment within thirty days after

21

notice of the same, it shall be the duty of the borough

22

solicitor to collect the same, with interest from the time of

23

completion of the improvement, by action of assumpsit, or by

24

lien to be filed and collected in the same manner as municipal

25

claims. When an owner has two or more lots against which there

26

is an assessment for the same improvement, all of such lots may

27

be embraced in one claim.

28

Section 2008.  Regulations of Borough.--The borough may

29

enforce by penalties, such regulations as it may ordain with

30

reference to the use and maintenance of such sanitary sewerage

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1

system and treatment works.]

2

Section 234.  Sections 2009 and 2010 of the act are amended

3

to read:

4

Section 2009.  Extensions Beyond Borough Limits; Eminent

5

Domain.--The borough may extend the necessary sewer mains, pipes 

6

and outlets beyond the limits of [such] the borough, to a point

7

where [such] the sewage is to be disposed[;] or collected and

8

received and shall have power to enter upon and condemn [such

9

lands, property and materials] land for the construction of all

10

[such] sewer mains, outlets, and treatment works as may be

11

necessary for the disposal or the collection of [such] the 

12

sewage provided that the extension is in conformity with 26

13

Pa.C.S. § 206 (relating to extraterritorial takings) and any

14

other applicable requirement of 26 Pa.C.S. (relating to eminent

15

domain).

16

Section 2010.  Notice of Certain Ordinances.--No ordinance

17

for any construction of sewers or treatment works beyond the

18

limits of the borough, shall be [adopted] enacted until notice

19

[thereof] of the ordinance has been given, by publication of the

20

proposed ordinance, once a week for four weeks in one newspaper

21

of general circulation [in the borough], and also by serving

22

copies of [such] the proposed ordinance upon all land owners

23

through whose land [such] the sewer is to pass, or on whose

24

lands any treatment works are to be located, at least ten days

25

before [final action thereon. But no notice, as herein provided,

26

shall be required where such construction beyond the limits of a

27

borough is entirely within the limits of any street or State

28

highway. In such cases a written notice shall be given to the

29

corporate authorities of the municipality or township having

30

jurisdiction over such street and consent of the State

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1

Department of Highways shall be obtained in the case of any

2

State highway, before construction is commenced] the enactment

3

of the ordinance.

4

Section 235.  Section 2011 of the act is repealed:

5

[Section 2011.  Security for Damages; Assessments.--Before

6

entry shall be made upon private property without the owner's

7

consent, for the purpose of laying any sewer or constructing any

8

treatment works, security for all damages which may be done

9

shall first be given to such owner in such form and in such

10

amount as the court of common pleas of the county may direct.

11

All damages caused by the construction of any such sewer or

12

works, or by the taking of lands and materials, shall be

13

ascertained in the manner provided in the law governing eminent

14

domain for property taken, injured, or destroyed, and shall be

15

paid out of the borough treasury.]

16

Section 236.  Sections 2012 and 2013 of the act are amended

17

to read:

18

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

19

Sanitary Sewers.--It shall be unlawful for any person to erect

20

any building or make any improvement, within the right-of-way of

21

any sanitary sewer laid out [or ordained to be laid out], after

22

due notice [thereof;] of the laying out of the sanitary sewer, 

23

and, if any [such] erection or improvement shall be made, no

24

allowance shall be had [therefor] for the building or

25

improvement in the assessment of damages.

26

Section 2013.  Opening Sanitary Sewers.--(a)  If any borough

27

shall lay out [or ordain] any sanitary sewer, over or under

28

private property, located in whole or in part within the limits

29

of [such] the borough, and proceedings to open the same and to

30

assess the damage arising therefrom shall not be proceeded with

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1

by the borough, within two years from the enactment of the

2

ordinance, the whole proceeding shall be void.

3

(b)  If any borough has laid out a sanitary sewer without the

4

enactment of an ordinance prior to the effective date of this

5

subsection and shall have not opened the same, the proceedings

6

shall not be deemed to be void but the borough shall have two

7

years from the effective date of this subsection to open the

8

sanitary sewer or the whole proceeding shall be void.

9

Section 237.  Article XX subdivision (b) heading and section

10

2021 of the act are amended to read:

11

(b)  Joint Sanitary Sewers

12

Section 2021.  [Building Joint Sewers.--(a)  Boroughs may

13

jointly with other cities, boroughs or townships build and

14

construct sanitary sewers, including trunk line sewers or drains

15

and sewage treatment works, and may connect into such system

16

existing sanitary sewers, and may assess their respective

17

portions of the cost thereof, or so much thereof as may be

18

legally assessable, upon property benefited, improved, or

19

accommodated by the improvement, either by viewers or by the

20

foot-front rule as provided in this article. Any portion of the

21

cost of such improvement not assessed or not assessable shall be

22

paid by the respective cities, boroughs, and townships joining,

23

as may be agreed upon.] Joint Sanitary Sewer Systems.--(a)  

24

Pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to

25

intergovernmental cooperation), boroughs may contract with other

26

municipal corporations providing for the joint construction or

27

maintenance of sanitary sewer systems and for the joint

28

construction onto existing sanitary sewer systems. The agreement

29

shall provide for the apportionment of costs among the municipal

30

corporations. The borough council may assess the borough's

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1

respective portion of the costs, as may be legally assessable,

2

upon property benefited by the facilities pursuant to Article

3

XXI-A. Any portion of the cost not assessed or assessable shall

4

be paid by the respective municipal corporations under the

5

agreement.

6

(b)  The [boroughs, cities and townships] municipal

7

corporations joining or contemplating joining in any [such] 

8

improvement, in order to facilitate the building of the [same] 

9

sanitary sewer system and in securing preliminary surveys and

10

estimates, may by ordinance provide for the appointment of a

11

joint sanitary sewer board composed of one representative from

12

each of the [boroughs, cities, and townships] municipal

13

corporations joining which shall act generally as the advisory

14

and administrative agency in the construction of [such] the 

15

improvement[,] and its subsequent operation and maintenance.

16

[The members of such] Members of the joint sanitary sewer board

17

shall serve for terms of six years each from the dates of their

18

respective appointments and until their successors are

19

appointed. The joint sanitary sewer board shall organize by the

20

election of a [chairman] chair, secretary, and treasurer. The

21

secretary and treasurer may be the same person. The [several

22

boroughs, cities, and townships] municipal corporations may in

23

the ordinances creating the joint sanitary sewer board,

24

authorize the board to appoint an engineer, a solicitor, and

25

[such] other assistants as are deemed necessary, and agree to

26

the share of the compensation of [such] those persons each

27

[borough, city, and township,] municipal corporation is to pay.

28

The members of the joint sanitary sewer board shall receive

29

[such] compensation for attending board meetings [of the board] 

30

as [shall be fixed] established in the budget[,] that is 

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1

prepared by the joint sanitary sewer board [for submission to,

2

and adoption by, the several boroughs, cities, and townships, as

3

hereinafter provided,] and submitted to and adopted by the

4

municipal corporations. The members shall be entitled to actual

5

expenses to be paid by the respective [boroughs, cities and

6

townships which such] municipal corporations the members

7

represent.

8

(c)  The joint sanitary sewer board [shall have powers to] 

9

may adopt rules and regulations consistent with the requirements

10

of this act to govern its proceedings, and shall prepare and

11

suggest any practical measures and plans by which the joint

12

improvement may be carried to successful completion[;] and plan

13

the future development of the system, so as to conform to a

14

general plan. It [shall have power to] may prepare a joint

15

agreement or agreements for submission to and adoption by the

16

[several boroughs, cities and townships] municipal corporations 

17

defining the advisory and administrative powers of the joint

18

sanitary sewer board[;] and setting forth the consents of the

19

[several boroughs, cities and townships] municipal corporations 

20

to the proposed improvement; the manner in which preliminary and

21

final plans, specifications and estimates for the proposed

22

improvement shall be prepared and adopted; how proposals for

23

bids shall be advertised and contracts let; the manner in which

24

the costs of the improvement and other incidental and

25

preliminary expenses in connection [therewith] with the

26

improvement, and the future cost of operation and maintenance

27

shall be equitably shared, apportioned and paid; and all [such] 

28

other matters, including the preparation and submission of

29

annual and other budgets, as may be deemed necessary or required

30

by law[, to carry] to complete the proposed improvement [to

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1

completion] and to assure future maintenance and operation

2

thereof. [But nothing herein contained shall authorize the board

3

to make any improvement or expend any public moneys which has

4

not first been authorized by all the boroughs, cities and

5

townships] The board may not make any improvement or spend any

6

public moneys which have not first been authorized by all of the

7

municipal corporations proceeding with the improvement.

8

(d)  [In any case where it shall be] When it is necessary to

9

acquire, appropriate, injure, or destroy private property[,

10

lands, property, or material] to build [any such] a joint

11

sanitary sewer system or improvement[,] and the [same] property 

12

cannot be acquired by purchase or gift, the right of eminent

13

domain shall vest in the [borough, city, or township] municipal

14

corporation where [such] the property is located. [In any case

15

where it shall be] When it is necessary to acquire, injure, or

16

destroy property in any territory not within the limits of any

17

of the [boroughs, cities, or townships] municipal corporations 

18

joining in the improvement, then the right of eminent domain

19

shall be vested in [any borough, city, or township] the

20

municipal corporation adjacent to [such] the territory where

21

[such] the property is located subject to 26 Pa.C.S. § 206

22

(relating to extraterritorial takings). Damages for any property

23

taken, injured, or destroyed shall be assessed [as provided by

24

the general laws relating to the boroughs, cities and townships] 

25

under laws relating to the municipal corporation exercising the

26

right of eminent domain[;] and shall be paid by the [several

27

boroughs, cities and townships] municipal corporations 

28

joining[,] in the same proportion as other costs of the

29

[improvement] improvements.

30

(e)  Each of the boroughs joining in [any such] the 

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1

improvement shall have power to incur or increase its

2

indebtedness, not exceeding the constitutional limits, for the

3

purpose of paying its share or portion of the cost of [such] the 

4

improvement in the manner now provided by law for the incurring

5

of indebtedness.

6

Section 238.  Section 2022 of the act is repealed:

7

[Section 2022.  Approval of Sanitary Water Board.--No such

8

sewer or sewage treatment plant shall be constructed until plans

9

and specifications have been submitted to the Sanitary Water

10

Board, and approved in accordance with provisions of existing

11

laws.]

12

Section 239.  Sections 2023, 2024 and 2025 of the act are

13

amended to read:

14

Section 2023.  Connections with Sanitary Sewers of Adjacent

15

Municipalities.--Any borough may connect with an existing 

16

sanitary sewer, owned by any adjacent municipality [or

17

township,] for sewerage purposes[,] in the manner prescribed in

18

[the following sections of this subdivision of this article] 

19

sections 2024, 2025 and 2026.

20

Section 2024.  Applications to Court.--Whenever any borough

21

shall desire to connect with the existing sanitary sewer of any

22

adjacent municipality [or township,] and no agreement, either

23

upon the basis of a rental payment for the use of an existing

24

sanitary sewer or a division of the cost of the construction or

25

maintenance [thereof] of the sanitary sewer, has been reached

26

between [such] the borough and the adjacent municipality [or

27

township], an application shall be made by council to the court

28

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

29

proposed connection is to be located, setting forth that fact.

30

Section 2025.  Appointment of Viewers.--If the court shall be

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1

of the opinion that [such] the connection can be made without

2

impairing the usefulness of the existing sanitary sewer, it

3

shall appoint three viewers, who shall view the premises and

4

investigate the facts of the case, and shall assess the

5

proportionate part of the expense of building the original

6

sanitary sewer upon [such] the borough, and shall fix the

7

proportion of the expense for repairs which each municipality

8

[or township] shall thereafter bear, and determine all other

9

questions liable to arise in connection [therewith] with the

10

sanitary sewer.

11

Section 240.  Section 2026 of the act, repealed in part June

12

3, 1971 (P.L.118, No.6), is amended to read:

13

Section 2026.  Report of Viewers; Appeals to Court.--The

14

viewers shall report to the court the result of their

15

investigation, which report shall be confirmed within thirty

16

days unless exceptions [thereto be] are filed. After

17

confirmation of [such] the report, or the disposal of any

18

exceptions, any party interested may appeal from the decision of

19

the court of [quarter sessions] common pleas.

20

Section 241.  Article XX subdivision (c) heading and sections

21

2031 and 2032 of the act are repealed:

22

[(c)  Power to Supply Sewerage Service Outside Borough Limits

23

Section 2031.  Power to Supply Service.--Whenever any borough

24

is maintaining and operating a sewerage system and sewage

25

purification or treatment works, it shall be lawful for such

26

borough to supply sewerage service to municipalities, townships,

27

persons and corporations, outside the limits of such borough,

28

and to enter into contracts for such service, at rates not less

29

than those required to be paid by persons and corporations

30

within the limits of such borough; but no such privilege shall

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1

conflict with the rights of any sewer company, or the rights of

2

any other borough.

3

Section 2032.  Power to Extend Lines and Condemn Property.--

4

For the purpose of supplying such sewerage facilities, any such

5

borough may extend the necessary sewer mains and pipes beyond

6

the limits of such borough, to the points where such sewage is

7

to be collected and received, and shall have the power to enter

8

upon and condemn such lands, property and materials for the

9

construction of such sewer mains, and pipes, as may be necessary

10

to the furnishing of such sewerage service.]

11

Section 243.  Article XX subdivision (d) heading of the act

12

is amended to read:

13

(d)  Acquisition of [Sewer] Community Collection

14

or Disposal Systems

15

Section 244.  Section 2041 of the act is repealed:

16

[Section 2041.  Power to Acquire Sewer Systems.--Any borough,

17

in which any person or persons, firm, or corporation are

18

maintaining sewers and culverts, with the necessary inlets and

19

appliances for surface, under surface and sewage drainage, or in

20

which any person or persons, firm or corporation are maintaining

21

a community sewage collection or disposal system as defined in

22

section 2043 of this act, may become the owner of such sewers,

23

culverts, inlets and appliances, or the owner of such community

24

collection or disposal system, by purchase or by the exercise of

25

the power of eminent domain, or by gift from the owner or owners

26

thereof.]

27

Section 245.  The act is amended by adding a section to read:

28

Section 2041.1.  Power to Acquire Community Collection or

29

Disposal Systems.--(a)  A borough may, by ordinance, acquire

30

ownership of a community sewage collection or disposal system as

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1

defined in section 2043 by purchase or by the exercise of

2

eminent domain pursuant to 26 Pa.C.S. (relating to eminent

3

domain), or by gift from the owner or owners.

4

(b)  In eminent domain proceedings, the viewers shall assess

5

the costs and expenses of the community sewage collection or

6

disposal system acquired by the borough upon the property or

7

properties benefited according to benefits. Any deficiency that

8

is not assessed upon the benefited property or properties shall

9

be paid by the borough.

10

Section 246.  Section 2042 of the act is repealed:

11

[Section 2042.  Assessment of Damages.--In case of

12

disagreement, the amount to be paid shall be ascertained in the

13

manner provided in the law governing eminent domain. In the same

14

proceeding, the viewers shall assess the costs and expenses of

15

the sewer, culverts, inlets and appliances, or of the sewer

16

collection, or disposal system, acquired by the borough, upon

17

the property benefited, according to benefits, if sufficient can

18

be found; but, if not, then the deficiency when ascertained

19

shall be paid by the borough.]

20

Section 247.  Section 2043 of the act is amended to read:

21

Section 2043.  Community Sewage Collection or Disposal

22

Systems.--(a)  For the purpose of this subdivision, a community

23

sewage collection or disposal system is all or part of a device

24

or devices installed on any privately or publicly owned parcel

25

of land, intended to treat or dispose of the sewage or

26

equivalent volume of domestic sewage from two or more

27

residences, buildings or occupied parcels of land, or any system

28

of piping used in collection and conveyance of sewage on private

29

or public property.

30

(b)  After a community sewage collection or disposal system

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1

has been acquired under the provisions of this subdivision by

2

the borough, the council shall have the power to enlarge [such] 

3

the system if it deems it advisable. In such cases, the cost and

4

expenses of [such] the enlargement may be distributed or

5

assessed in the same manner as if the enlargement was a regular

6

sewer constructed by the borough under other provisions of this

7

act.

8

(c)  Whenever a community sewage collection or disposal

9

system is [or shall have been] established or constructed within

10

a borough by a private owner or owners, and the borough council

11

is thereafter empowered by ordinance to acquire the ownership of

12

the sewage disposal system so established, or when [any such] 

13

the system has been enlarged by the borough, [such] the 

14

acquisition and ownership shall be subject to the following

15

provisions of this subsection:

16

(1)  When the person or persons having established or

17

constructed a community sewage collection or disposal system, or

18

when more than one-half the number of the owners of properties

19

which are connected with, have a right to use and are using a

20

community collection or disposal system, enter into an agreement

21

with the borough for the acquisition of the system by the

22

borough, [such] the agreement shall be considered a valid

23

agreement by the owners of the sewage collection or disposal

24

system and a transfer of ownership to the borough.

25

(2)  The borough shall operate and maintain any sewage

26

collection or disposal system acquired and any enlargement or

27

addition thereto for the use of persons having acquired from the

28

borough or from the former owner or owners the right to use the

29

system, and for the use of other owners of property accessible

30

thereto up to the capacity of the sewage collection or disposal

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1

system.

2

(3)  All persons whose property connects with the sewage

3

collection or disposal system acquired or constructed by the

4

borough shall pay to the borough treasurer, a monthly,

5

quarterly, semi-annual or annual charge prescribed by a

6

resolution of the council. The amount of the charges shall not

7

be in excess of the estimated amount necessary to maintain and

8

operate the system and to establish a reserve fund sufficient

9

for its future replacement.

10

(4)  All sewer rentals or charges imposed by the council

11

against properties connected with a community sewage collection

12

or disposal system under the provisions of this section shall

13

constitute liens against the properties and may be collected in

14

the same manner as other sewer charges.

15

(5)  All moneys received from the sewer charges shall be

16

deposited as a special reserve fund, and shall be used only for

17

the payment of the cost of operating and maintaining the sewage

18

collection or disposal system and the replacement [thereof] of

19

the collection or disposal system, if necessary and economically

20

desirable. If at any time after the acquisition or enlargement

21

of the community sewage system, a regular sewer system is made

22

available by the borough for connection with the properties

23

using the community sewage collection or disposal system, the

24

owners of [such] the properties shall be subject to the other

25

provisions of this act relating to sewers, and all money at that

26

time in the reserve fund which was received from charges for the

27

use of that particular sewage collection or disposal system, and

28

which is over and above the amount expended for the operation

29

and maintenance of that particular sewage collection or disposal

30

system, shall be used towards the payment of any sewer

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1

assessments charged against [such] the properties under other

2

sections of this act.

3

(d)  Nothing in this section may be construed to supersede

4

the requirements of the act of January 24, 1966 (1965 P.L.1535,

5

No.537), known as the "Pennsylvania Sewage Facilities Act."

6

Section 248.  Article XX subdivision (e) heading and section

7

2051 of the act are amended to read:

8

(e)  Connection and Use of Sanitary Sewers

9

Section 2051.  Ordinances to Require Sanitary Sewer

10

Connections.--Any borough may, by ordinance, require any owner

11

of property, benefited, improved or accommodated by a sanitary

12

sewer, to make connections with [such] the sanitary sewer, in

13

[such] the manner as the borough may order, for the purpose of

14

discharge of [such] drainage or waste matter as the borough may

15

specify. All connections required shall be uniform. The owner

16

shall be given at least forty-five days' notice of any ordinance

17

requiring a sanitary sewer connection and, upon failure of the

18

owner to make the connection, the borough may make the

19

connection and collect the cost from the owner by a municipal

20

claim or by an action of assumpsit. The borough may by penalties

21

enforce any [regulation] ordinance it may [ordain] enact with

22

reference to any sanitary sewer connections.

23

Section 249.  Section 2052 of the act is repealed:

24

[Section 2052.  Notice of Ordinances; Failure to Comply With

25

Ordinance.--The owner shall be given at least forty-five days'

26

notice of any ordinance requiring such sewer connection, and,

27

upon failure of such owner to make such connection, the borough

28

may make the same, and collect the cost thereof from the owner

29

by a municipal claim or in an act of assumpsit. All connections

30

required shall be uniform.]

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1

Section 250.  Section 2053 of the act is amended to read:

2

Section 2053.  Tapping Fees.--Any borough may by ordinance

3

provide for charging a tapping fee whenever the owner of any

4

property connects [such] the property with a sanitary sewer

5

system constructed or acquired by the borough provided that the

6

tapping fee is calculated in accordance with 53 Pa.C.S. § 5607

7

(relating to purposes and powers), which fee shall be in

8

addition to any charges assessed and collected against [such] 

9

the property in the construction or acquisition of [such] the 

10

sanitary sewer by the borough. Whenever a sanitary sewer system

11

or any part or extension [thereof] of a sanitary sewer system,

12

owned by a borough, has been constructed by the borough at the

13

expense of a private person or corporation or has been

14

constructed by a private person or corporation under the

15

supervision of the borough at the expense of the private person

16

or corporation, the borough shall have the right to charge a

17

tapping fee calculated in accordance with 53 Pa.C.S. § 5607 and

18

refund [said] the tapping fee or any part [thereof] of the fee 

19

to the person or corporation who has paid for the construction

20

of [said] the sanitary sewer system or any part or extension

21

[thereof] of the sanitary sewer system in accordance with 53

22

Pa.C.S. § 5607. The total of [said] the refunds shall never

23

exceed the cost of [said] the system or any part or extension

24

[thereof] of the system to the person or corporation paying for

25

the construction [thereof] of the system or any part or

26

extension of the system. In any case, where the property

27

connected or to be connected with the sanitary sewer system of

28

the borough is not equipped with a water meter the borough may

29

install [such] a meter at its own cost and expense. If the

30

property is supplied with water from the facilities of a public

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1

water supply agency, the borough shall not install [such] a 

2

meter without the consent and approval of the public water

3

supply agency.

4

Section 251.  Section 2054 of the act is repealed:

5

[Section 2054.  Regulations and Restrictions in Use of

6

Sanitary Sewers.--Any borough in which there is any public

7

sanitary sewer or sewer system shall have authority, by

8

ordinance, to make regulations and restrictions pertaining to

9

the use of such sewer or sewer system. Such regulations and

10

restrictions: (i) may specify materials and/or substances which

11

may or may not enter the public sewer or sewer system; (ii) may

12

require that certain types or classes of waste be subjected to

13

treatment or to grinding or other reduction in size before

14

entering into the sewer; (iii) may restrict the quantity of

15

waste material that may enter a sanitary sewer from any premises

16

within any time interval; and (iv) may require that property

17

owners provide means other than the public sanitary sewers for

18

disposal of storm, surface and roof water originating or

19

accumulating upon their property.]

20

Section 252.  Article XX subdivision (f) heading of the act,

21

amended July 13, 1988 (P.L.521, No.91), is reenacted to read:

22

(f)  Monthly, Quarterly or Annual Rentals

23

Section 253.  Sections 2061, 2062 and 2063 of the act,

24

amended July 13, 1988 (P.L.521, No.91), are amended to read:

25

Section 2061.  Ordinance for Monthly, Quarterly or Annual

26

Rental.--Whenever any borough shall have constructed any

27

sanitary sewer, sewer system or sewage treatment works, or shall

28

have acquired wholly or partially the same at public expense, as

29

authorized in this article, the [council of such] borough

30

council may provide, by ordinance, for the collection of a

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1

monthly, quarterly or annual rental or charge or a fixed sum,

2

for the use of [such] the sanitary sewer, sewer system or sewage

3

treatment works, from the owner of property served by it. [The

4

council may, at its discretion, in lieu of such monthly,

5

quarterly or annual rental or charge, provide for the payment by

6

such owner of a fixed sum.]

7

Section 2062.  How Rental Fixed.--[Such] The monthly,

8

quarterly or annual rental may include the amount expended

9

monthly, quarterly or annually by the borough in maintenance,

10

repair, alteration, inspection, depreciation, or other expense,

11

of [such] the sanitary sewer, sewer system or sewage treatment

12

works, and may include interest on money expended or borrowed by

13

the borough in the construction of the sanitary sewer, sewer

14

system or sewage treatment works, or in the acquisition,

15

enlargement or extension of the sanitary sewer or sewer system,

16

and may also include an amount sufficient for the amortization

17

of debt incurred by the borough for [any such] those purposes,

18

including the construction of sewage treatment works according

19

to law. The [said] monthly, quarterly or annual amount or fixed

20

sum shall be apportioned equitably among the [several] 

21

properties served by the [said] sanitary sewers, sewer system or

22

sewage treatment works.

23

Section 2063.  Collection of Rental.--[Such] The monthly,

24

quarterly or annual rental or charge, or [such] the fixed sum,

25

shall be authorized and collected as provided by general

26

ordinances, and, when so levied and charged, shall be a lien on

27

the properties charged[. The collection thereof shall be made

28

and enforced in the manner municipal claims are collected.] from

29

the date set forth in the ordinance. If the rental, charge or

30

fixed sum is not paid after thirty days' notice, it may be

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1

collected by an action of assumpsit, in the name of the borough

2

against the owner of the property charged, or by a lien filed in

3

the nature of a municipal lien.

4

The borough council [of such borough] shall execute a warrant

5

or warrants, authorizing the collection of [such] the monthly,

6

quarterly or annual sewer rentals or charges, or [such] the 

7

fixed sum, to the officer employed by council to collect the

8

same. [Such] The officer shall have the authority now vested by

9

law for the collection of borough taxes.

10

Section 254.  Section 2064 of the act, amended July 13, 1988

11

(P.L.521, No.91), is repealed:

12

[Section 2064.  Lien.--Such monthly, quarterly or annual

13

sewer rentals or charges, or such fixed sum, shall be a lien on

14

the properties charged with the payment thereof, from the date

15

set forth in the ordinance, and, if not paid after thirty days'

16

notice, may be collected by an action of assumpsit, in the name

17

of the borough against the owner of the property charged, or by

18

distress of personal property on the premises, or by a lien

19

filed in the nature of a municipal lien.]

20

Section 255.  Article XX subdivision (g) heading, sections

21

2071 and 2072, Article XXI heading and sections 2101, 2102,

22

2103, 2104 and 2105 of the act are repealed:

23

[(g)  Sewers on Boundary Streets

24

Section 2071.  Power to Lay and Construct.--Boroughs shall

25

have authority to lay and construct sewers in any street, any

26

portion of which is within the limits of the borough, and which

27

forms a portion of the boundary dividing the borough from any

28

other city, borough, or township within the same county, in the

29

same manner and to the same extent as if the whole of said

30

street was within the limits of the said borough.

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1

Section 2072.  Assessment of Benefits.--The property

2

benefited, improved or accommodated, which is located outside

3

the limits of the borough constructing such sanitary sewers,

4

shall, for a depth of one hundred fifty feet, be assessed for

5

the cost of such sewer, in the same manner as such property

6

would be assessed, under the laws of the Commonwealth, if it

7

were entirely located within the limits of such borough, if such

8

property is given permission to use such sanitary sewer and is

9

not, at the time such sanitary sewer is constructed, provided

10

with sanitary sewer facilities.

11

ARTICLE XXI

12

COLLECTION BY INSTALMENT OF STREET

13

AND SEWER ASSESSMENTS

14

Section 2101.  Authority for Instalment Payments.--Whenever

15

any borough shall authorize the construction or acquisition of

16

any sanitary sewer or system of sanitary sewers, or the

17

improvement of any street or portion thereof, and the entire

18

cost, or any part thereof, shall be assessed against the

19

properties benefited, improved or accommodated by such sewer or

20

system of sewers, or abutting upon such street or portion

21

thereof, such borough may authorize the payment of such

22

assessment in equal annual, or more frequent instalments. Such

23

instalment payments may be authorized by a general ordinance

24

applicable to all sanitary sewers or systems thereof and/or all

25

streets thereafter acquired, constructed or improved, as the

26

case may be, or by one or more specific ordinances applicable to

27

a specific sewer, system of sewers or street or portion thereof.

28

Every such ordinance shall specify the length of time over which

29

such instalments may be extended and whether payments are to be

30

made by annual or more frequent instalments. All such

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1

instalments shall bear interest, as provided in the applicable

2

ordinance, at a rate not to exceed six percent, commencing at

3

such time as may be fixed or regulated by ordinance: Provided,

4

That where bonds shall have been issued and sold in the manner

5

provided by law, to provide for the payment of any street

6

improvement, such assessments shall be payable in equal

7

instalments during the term for which such bonds are issued, and

8

the expenditures for such improvements, and interest thereon to

9

the first day when interest is payable on such bonds, shall be

10

taken as the cost of such improvement to be assessed on the

11

property benefited.

12

Section 2102.  Entry of Liens.--Claims to secure the

13

assessments shall be entered in the prothonotary's office of the

14

county at the same time and in the same form and shall be

15

collected in the same manner as municipal claims are filed and

16

collected, notwithstanding the provisions of this article on

17

instalment payments.

18

Section 2103.  Assessments; Where Payable.--Such assessments

19

shall be payable at the office of the borough treasurer, or such

20

other place as the ordinance shall provide, in semi-annual or

21

annual instalments, with interest at the rate provided from the

22

date from which interest is computed on the amount of the

23

assessments.

24

Section 2104.  Default in Payment of Instalment.--In case of

25

default in the payment of any instalment and interest for a

26

period of sixty days after the same shall become due, the entire

27

assessment and accrued interest shall become due; and the

28

borough solicitor shall proceed to collect the same under the

29

general laws relating to the collection of municipal claims.

30

Section 2105.  Payments in Full.--Any owner of property,

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1

against whom any such assessment shall have been made, may pay

2

the same in full, at any time, with interest and costs thereon

3

to the due date of the next instalment, and such payment shall

4

discharge the lien.]

5

Section 256.  The act is amended by adding an article to

6

read:

7

ARTICLE XXI-A

8

ASSESSMENTS AND CHARGES FOR PUBLIC IMPROVEMENTS

9

Section 2101-A.  Authority to assess.

10

(a)  General rule.--Borough council shall have the power to

11

pay the cost, in whole or in part, of any and all public

12

improvements of all natures and descriptions, including, but not

13

limited to, the grading, building, paving, regrading, rebuilding

14

and repaving of streets as defined in section 1701, the

15

creation, extension, renovation or enlargement of water mains

16

and sewage collection, transmission, treatment and disposal

17

systems and the creation, extension and renovation of storm,

18

surface and subsurface drainage systems, the construction,

19

reconstruction and repair of wharves and docks, the installation

20

of ornamental street lighting, or the planting, removal,

21

maintenance and protection of shade trees by any of the

22

following methods:

23

(1)  from general borough funds;

24

(2)  from special borough funds created for that purpose;

25

or

26

(3)  by assessment of costs against the benefited

27

properties either on the front foot or benefit conferred

28

method of assessment.

29

Except as provided in subsection (c), the costs and expenses of

30

sanitary sewers may be assessed against properties benefited,

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1

accommodated or improved regardless of the property line

2

location and regardless of whether any portion of a property so

3

benefited, accommodated or physically improved abuts upon the

4

sanitary sewer.

5

(b)  Payment of indebtedness.--

6

(1)  If a borough that incurs authorized indebtedness

7

pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to

8

indebtedness and borrowing) for the purposes of funding the

9

cost and expense of making public improvements for which

10

assessments can be made in accordance with this article,

11

payments made on the assessment must be applied to pay the

12

debt service for the indebtedness incurred for funding the

13

cost and expense of making the public improvement.

14

(2)  Notwithstanding section 2107-A, when bonds are

15

issued in a manner provided by law and an assessment is to be

16

paid in installments, the assessment shall be payable in

17

equal installments during the term for which the bond is

18

issued, and the cost of the improvement plus interest

19

beginning the first day when interest is payable on the bond

20

shall be the cost of the improvement to be assessed on a

21

property.

22

(c)  Property outside borough.--Property benefited, improved

23

or accommodated which is located outside the limits of the

24

borough that constructed a sanitary sewer may, if located no

25

more than 150 feet from the sewer main, be assessed for the cost

26

of the sewer in the same manner as the property would be

27

assessed under the laws of this Commonwealth if it were entirely

28

located within the limits of the borough, if the property is

29

given permission to use the sanitary sewer and is not, at the

30

time the sanitary sewer is constructed, provided with sanitary

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1

sewer facilities.

2

(d)  Water mains.--Boroughs shall have power to assess the

3

whole cost or any part of the cost of construction of new water

4

mains built in connection with the establishment or extension of

5

a municipally owned water supply system, even if the mains are

6

located outside the limits of the borough, and that serve

7

abutting properties, against the properties abutting the

8

boundary line. The borough may provide that the assessment be

9

rebated to the owner of the assessed property out of rates

10

charged for water consumed in serving the assessed property. The

11

borough may also issue a negotiable credit memorandum in the

12

amount of the assessment which may be used for the payment of

13

any water service to the extent of the assessment.

14

Section 2102-A.  Notice of assessments.

15

The borough secretary shall cause 30 days' personal notice of

16

the assessment to be served upon each property owner assessed.

17

If a certificate is required to be filed with council relating

18

to the public improvement as otherwise provided in this act,

19

then a copy of the certificate shall accompany the notice.

20

"Personal notice" as used in this article shall mean and include

21

notice upon the owner of a property either by personal service

22

upon the owner or by certified mail to the owner at the owner's

23

last known address, or where service, after a reasonable

24

attempt, shall not have been successfully made by either of

25

these two methods, then by leaving notice at or upon the

26

property.

27

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

28

(a)  General rule.--If borough council elects to collect the

29

cost, including any administrative fees, of any improvement on

30

the front foot basis, the cost to be collected shall be divided

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1

by the total number of linear feet of street frontage of each

2

property benefited and there shall be assessed against each

3

property that portion of the cost which is determined by

4

multiplying the dividend of the prior calculation by the number

5

of linear feet for street frontage of that property.

6

(b)  Certificate of assessment.--Council shall issue a

7

certificate of assessment when assessing on the front foot

8

basis, duly certified under the seal of the borough and attested

9

by the president of council and secretary. The certificate of

10

assessment shall be prima facie evidence in any suit for

11

recovery of the same of the correctness and validity of the

12

assessment.

13

(c)  Adjustments in assessments.--Notwithstanding subsection

14

(a), council may make equitable adjustments for corner lots,

15

lots of irregular shape, or, where special conditions exist,

16

where an assessment for full frontage would be unjust.

17

Section 2104-A.  Assessment of benefits conferred.

18

(a)  General rule.--In lieu of the front foot basis, borough

19

council may elect to have the benefits of public improvements

20

assessed, in whole or in part, upon property benefited, improved

21

or accommodated by assessing an equal assessment on the

22

properties benefited, improved or accommodated in proportion to

23

the total cost of construction of the improvement. The amount of

24

the charge on each property shall be determined by borough

25

council.

26

(b)  Certificate.--Council shall issue a certificate of

27

assessment when assessing benefits upon property benefited,

28

improved or accommodated, duly certified under the seal of the

29

borough and attested by the president of council and secretary.

30

The certificate of assessment shall be prima facie evidence in

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1

any suit for recovery of the same of the correctness and

2

validity of the assessment.

3

Section 2105-A.  Assessment awards.

4

In proceedings to assess benefits, if the land or property is

5

both benefited and damaged by the public improvements, the

6

excess of damages over benefits, or the excess of benefits over

7

damages, or nothing in case the benefits and damages are equal,

8

shall be awarded to or assessed against the owner of land and

9

property affected thereby. Damages shall be calculated pursuant

10

to 26 Pa.C.S. (relating to eminent domain).

11

Section 2106-A.  Petition for viewers.

12

(a)  Petition.--Taxpayers of the borough whose property is

13

being assessed for benefits for a public improvement may present

14

a petition to the court of common pleas stating that the

15

assessment insufficiently represents the benefits accruing to

16

abutting, benefited or accommodated properties and may include

17

in the petition a request for the appointment of viewers to

18

assess benefits provided that at least 50% of the taxpayers

19

whose parcels are abutting, benefited or accommodated by the

20

public improvement in question join the petition or provided

21

that taxpayers whose property valuation as assessed for taxable

22

purposes within the borough amounts to at least 50% of the total

23

property valuation of the properties being assessed for the

24

public improvement join the petition. The petition must be

25

presented within three months of the adoption of the resolution

26

or enactment of the ordinance levying the assessment.

27

(b)  Viewers.--The court shall appoint three disinterested

28

viewers, none of whom shall be a resident of that portion of the

29

borough that is benefited or accommodated by the public

30

improvement in question, and the viewers shall proceed under

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1

this act and 26 Pa.C.S. (relating to eminent domain) for the

2

assessment of damages and benefits by viewers. Upon the filing

3

of the petition by taxpayers for the appointment of viewers, any

4

assessment made by the borough council and any proceedings shall

5

be stayed pending the disposition of the petition by the court.

6

Section 2107-A.  Payment of assessments in installments.

7

(a)  Installments.--Whenever any ordinance is passed

8

providing for a public improvement the expense of which is to be

9

defrayed by an assessment against properties benefited by the

10

improvement, either by the front foot or benefit conferred

11

methods, the ordinance shall specify the length of time over

12

which the installments may be extended and whether payments are

13

to be made by equal annual or more frequent installments. If the

14

provisions of section 2101-A(b)(2) and this subsection conflict,

15

the provisions of section 2101-A(b)(2) shall prevail to the

16

extent of the conflict.

17

(b)  Commencement of payments and rate of interest.--The

18

ordinance shall set a time when the installment payments shall

19

commence and shall set forth the rate of interest for the

20

installments which shall not be more than 6% per year.

21

(c)  Installment agreement.--The borough shall enter into a

22

written installment agreement with each property owner, subject

23

to the requirements of the ordinance pertaining to such

24

agreements and this article.

25

(d)  Unpaid installments.--If any of the installments shall

26

remain unpaid for 60 days after the same has become due and

27

payable, the entire unpaid assessment, plus unpaid accrued

28

interest and any costs, shall be due and payable and the borough

29

solicitor shall proceed to collect the same by filing a lien in

30

the same manner as municipal claims are filed or by action in

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1

assumpsit.

2

(e)  Prepayment.--A property owner upon whom an assessment

3

has been made may pay all or as many of the installments before

4

the same are due, with interest and costs to the due date of the

5

next installment.

6

Section 2108-A.  Collection of assessments.

7

(a)  Collection methods.--If any assessment remains unpaid at

8

the expiration of the 30-day personal notice, and an installment

9

agreement has not been entered into pursuant to section 2106-A,

10

the borough solicitor shall collect the unpaid assessment, with

11

interest from the time of completion of the improvement, or from

12

the time of filing a certificate of assessment with council,

13

plus costs, by filing a lien to be collected in the same manner

14

as municipal claims or by action in assumpsit. When a property

15

owner has two or more lots, against which there is an assessment

16

for the same improvement, all of the lots may be embraced in one

17

claim.

18

(b)  Payment location.--Assessments, whether paid one time or

19

by installments, shall be payable at the office of the borough

20

treasurer or any other place as the applicable ordinance shall

21

provide.

22

Section 257.  Article XXII heading of the act is reenacted to

23

read:

24

ARTICLE XXII

25

STORM SEWERS AND WATER COURSES

26

Section 258.  Sections 2201, 2202, 2203 and 2204 of the act

27

are amended to read:

28

Section 2201.  Authority of Boroughs.--Any borough may, by

29

ordinance, after [a permit shall have been obtained from the

30

Water and Power Resources Board, and from the Federal

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1

Government, where required] obtaining any required permit from

2

the Department of Environmental Protection, or other Federal or

3

State entity, do the following:

4

(1)  Widen and deepen any water course running through or

5

within the borough, erecting [such] dykes, retaining walls and

6

embankments along the [same] water course as may be necessary to

7

prevent the water from overflowing the banks [thereof];

8

(2)  Confine and pave any water course or portion thereof,

9

other than a navigable stream;

10

(3)  Engage in channel improvement through the construction

11

and maintenance of storm sewers and the accumulation and

12

discharge of water [thereinto] into storm sewers;

13

(4)  Vacate or alter the course or channel of any water

14

course, other than a navigable stream;

15

(5)  Acquire, operate and maintain areas for the

16

infiltration, detention or retention of storm water and for

17

other methods of storm water management authorized by the

18

Department of Environmental Protection.

19

For any of [such] these purposes, a borough may enter upon

20

and condemn [such] property and materials as may be necessary.

21

No borough may confine and pave, vacate or alter any water

22

course used by any municipality, municipal authority or water

23

company as a source of supply, unless [such] the municipality,

24

municipal authority or water company shall first consent to

25

[such] the confining and paving, vacation or alteration.

26

Section 2202.  Right of Entry Upon Lands.--Any borough may

27

enter upon any land lying near any water course, and secure such

28

material as may be necessary for the purpose of making and

29

repairing the embankments along [such] the water course, when

30

the same cannot be obtained by contract at reasonable price.

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1

[Such] The boroughs shall cause no unnecessary damage to the

2

owners of [such] the land, and shall repair any fences [which

3

they may injure], structures or damage to the land that is

4

caused by the borough, and shall compensate the owner, either by

5

agreement or in accordance with the law governing eminent

6

domain, for any materials obtained pursuant to this section.

7

Section 2203.  Manner of Financing Work.--[The costs and

8

expenses of any work authorized under section 2201 of this act

9

may be paid wholly or in part by the borough from any moneys of

10

the borough available for the purpose, with or without the

11

assistance of the county, State or Federal Government, or the

12

whole or any part of such costs and expenses not thus aided may

13

be assessed, according to benefits as prescribed in article XV

14

of this act, against properties located within the drainage area

15

of such water course and benefited, improved or accommodated

16

thereby.] A borough may pay for the costs and expenses of any

17

work authorized under section 2201 wholly or in part from any

18

moneys of the borough available for the purpose. To the extent

19

that a borough does not receive assistance from the Federal,

20

State or county government for the costs and expenses of the

21

work, the borough may assess the benefited properties located

22

within the drainage area of the water course in accordance with

23

Article XXI-A.

24

Section 2204.  Proceedings to Assess Damages.--Any person

25

aggrieved by [reason of] any ordinance [passed] enacted or

26

action taken pursuant to the preceding sections of this article

27

may [complain to] file a complaint with the court of common

28

pleas[, and proceedings may be had in the court] to fix and

29

determine the damages for property taken, injured or destroyed

30

[in the same manner as provided in] pursuant to the law

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1

governing eminent domain.

2

Section 259.  The act is amended by adding sections to read:

3

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

4

Sewers.--It shall be unlawful for any person to erect any

5

building or make any improvement within the right-of-way of any

6

storm sewer laid out after due notice of the laying out of the

7

storm sewer. If the erection or improvement is made, no

8

allowance shall be had in the assessment of damages.

9

Section 2206.  Power to Acquire Storm Sewer Systems.--(a)  A

10

borough may, by ordinance, acquire ownership of storm sewers,

11

culverts and the necessary inlets and appliances for surface,

12

under surface and storm sewer drainage by purchase, by the

13

exercise of eminent domain pursuant to 26 Pa.C.S. (relating to

14

eminent domain) or by gift from the owner or owners.

15

(b)  In eminent domain proceedings, the viewers shall assess

16

the costs and expenses of the storm sewer, culverts, inlets and

17

appliances acquired by the borough, upon the property or

18

properties benefited, according to benefits. Any deficiency that

19

is not assessed upon the benefited property or properties shall

20

be paid by the borough.

21

Section 260.  Article XXIII heading and sections 2301, 2302,

22

2303 and 2304 of the act are repealed:

23

[ARTICLE XXIII

24

UNDERGROUND CONDUITS

25

Section 2301.  Powers of Boroughs.--Any borough may define,

26

by ordinance, a reasonable district within which electric light,

27

electric power, telephone, telegraph and other types of wires

28

shall be placed underground in conduits, owned and constructed

29

either by the borough or by corporations owning such wires, or

30

by corporations organized for the purpose of laying such

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1

conduits and renting space therein.

2

Section 2302.  Borough Regulations.--Whenever conduits are

3

owned by any person, firm, or corporation, the borough may

4

regulate, by ordinance, the manner in which conduits shall be

5

used, and the terms and conditions of such use.

6

Section 2303.  Acquisition of Conduits; Assessment of

7

Damages.--Any borough may acquire existing conduits by purchase

8

or by condemnation, and, in the latter case, the proceedings for

9

the assessment of damages shall be the same as provided in the

10

law governing eminent domain.

11

Section 2304.  Borough Not to Surrender Rights.--The borough

12

authorities shall not surrender or barter away the rights

13

reserved in this article.]

14

Section 261.  Article XXIV and subdivision (a)(1) headings

15

and sections 2401, 2402, 2403 and 2404 of the act are amended to

16

read:

17

ARTICLE XXIV

18

[PUBLIC SERVICE] WATER SYSTEM

19

(a)  [Water Supply and Waterworks

20

(1)]  General Powers to Supply Water

21

Section 2401.  Power to Supply Water and Make Regulations.--

22

(a)  Boroughs may [provide a] supply [of] water for the use of

23

the public within [such] the borough, by [erecting] constructing

24

or purchasing and operating [waterworks, by purchasing and

25

operating waterworks] a water system, by entering into contract

26

with persons or corporations authorized to supply water within

27

the limits of [such] the borough, or partly by [the erection or

28

purchase and operation of waterworks] constructing or purchasing

29

and operating a water system, and partly by entering into a

30

contract.

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1

(b)  Borough council may make regulations for the protection

2

of water pipes, reservoirs and other apparatus used in the

3

supplying or storing of water, for the prevention of the waste

4

of water supplied and for the drilling of water wells within the

5

borough.

6

(c)  Borough council shall fix the rates to be charged for

7

the water furnished to individuals, partnerships, associations

8

or corporations and shall provide for the collection of water

9

rents from users of water supplied by the borough. The borough's

10

provision of water to users outside the borough limits, as to

11

character of service, extensions and rates, shall be subject to

12

any applicable approval, regulation, or control imposed by 66

13

Pa.C.S. Pt. I (relating to Public Utility Code).

14

Section 2402.  Contracts Not to Abridge Powers.--[No contract

15

for the supply of water hereafter entered into by any borough

16

with any person or corporation shall, in anywise, abridge the

17

power of the borough to construct and operate waterworks as

18

provided in the preceding section of this article, but such] A

19

borough's power to construct and operate a water system as

20

provided in section 2401 shall not be abridged by the borough

21

entering into a contract with a person or corporation for the

22

supply of water, but the power shall remain in force as though

23

[such] the contract had not been made.

24

Section 2403.  Issue of Bonds Where [Waterworks] Water System 

25

Acquired.--Where the price and terms are agreed upon, a borough

26

may become the owner of and operate any water system owned and

27

operated by a corporation furnishing water within the acquiring

28

borough, and in nearby [townships or boroughs] municipal

29

corporations, and may pay [therefor] for the water system from

30

the revenues derived from general obligation bonds or utility

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1

bonds issued in the manner provided by [the Municipal Borrowing

2

Law] 53 Pa.C.S. Pt. VII Subpt.B (relating to indebtedness and

3

borrowing).

4

Section 2404.  Refunding Bonds.--[Where any borough has

5

heretofore acquired or shall hereafter acquire any waterworks

6

and the appurtenances thereto, subject to any existing lien or

7

liens, and at the time of such acquisition issues utility bonds

8

secured solely by liens on the property of such waterworks and

9

imposing no municipal liability; then the borough may, at the

10

time such utility bonds mature, or at any time prior thereto,

11

issue and sell utility bonds for the purpose of refunding such

12

outstanding bonds, which refunding bonds shall be issued as

13

utility bonds in the manner provided by the Municipal Borrowing

14

Law. Such bonds so issued,] (a)  If a borough acquires a water

15

system, subject to any existing lien or liens and, at the time

16

of acquisition, issues utility bonds secured by the liens on the

17

water system and which imposes no municipal liability, then,

18

when the utility bonds mature or at any time prior, the borough

19

may issue and sell utility bonds for the purposes of refunding

20

the outstanding bonds. The refunding bonds shall be issued as

21

utility bonds pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating

22

to indebtedness and borrowing). The issued bonds shall not be

23

deemed to be the creation of new obligations but be deemed a

24

continuation of the bonds existing or created at the time of the

25

original acquisition of [said waterworks and the appurtenances

26

thereto] the water system.

27

[Such] (b)  The bonds shall not be refunded for a longer

28

period than twenty years, and the refunding lien bonds issued

29

shall not bear interest at a rate exceeding six percent[, and

30

the]. The amount of the issued refunding lien bonds[, so

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1

issued,] shall not exceed, in the aggregate, the amount of the

2

bonds to be refunded[: Provided, That], provided that any moneys

3

placed in any fund by the borough or by any commission of

4

[waterworks] the water system for the purpose of redeeming or

5

paying [such] the bonds at maturity, shall be first applied to

6

the payment, as far as applicable, of the principal of [such] 

7

the bonds to be refunded, and the balance of [such] the bonds

8

only shall be refunded by the issue of new bonds.

9

Section 262.  Section 2405 of the act is repealed:

10

[Section 2405.  Rates in Particular Boroughs.--Whenever the

11

schedule of water rates in any borough, owning or controlling

12

waterworks, shall have been fixed or limited by special act of

13

Assembly, the borough may change the rates schedule or rates

14

from time to time.]

15

Section 263.  Sections 2406, 2407, 2408 and 2409 of the act

16

are amended to read:

17

Section 2406.  Contracts to Supply Water for Municipal

18

Purposes.--Boroughs may receive bids from water companies and

19

municipal authorities, authorized to do business within [such] 

20

the borough, and from other municipalities operating [waterworks

21

or distributing water] a water system, for the supply of water

22

for fire protection and for other municipal purposes, and may

23

contract [therefor] for the supply of water with [such] the 

24

company.

25

Section 2407.  Power to Supply Water Beyond Limits of

26

Borough.--Whenever any borough is maintaining [waterworks] a

27

water system, it shall be lawful for [such] the borough to

28

supply water to persons and corporations outside the limits of

29

[such] the borough[; but no such], but shall be subject to any

30

applicable approval or regulation imposed by 66 Pa.C.S. Pt. I

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1

(relating to Public Utility Code). The privilege shall not 

2

conflict with the corporate rights of any water company, or the

3

rights of any other municipality or municipal authority.

4

Section 2408.  Assessment for Water Mains.--Boroughs shall

5

have power to assess the whole cost, or any part of the cost, of

6

construction of new water mains, built in connection with the

7

establishment or extension of a municipally owned water supply

8

system in accordance with Article XXI-A, whether [such mains be] 

9

the mains are located within or without the limits of the

10

borough[, and serving the properties abutting thereon, against

11

the properties abutting along the line thereof, by the foot-

12

front rule, and to collect such assessments as other municipal

13

claims are now by law collectible: Provided, That the assessment

14

may be rebated to the owner of the property assessed, out of

15

rates charged for water consumed in serving the property so

16

assessed: And provided further, That the borough may issue

17

negotiable credit memorandum to the amount of the assessment,

18

which may be used for the payment of any water service to the

19

extent of the said assessment].

20

Section 2409.  Sale of [Waterworks.--] Water System.--(a)  By

21

ordinance, a borough may sell all or part of its [waterworks

22

and/or water distribution] water system to a purchaser at [such] 

23

an agreed upon price [as the parties may agree upon], and

24

thereafter for all purposes that price shall be deemed to be the

25

purchaser's original cost less accrued depreciation of the plant

26

at the date of purchase[: Provided, That no]. No such ordinance,

27

however, shall take effect until the expiration of ten days

28

following its enactment and if, within [such] that ten-day

29

period, a protest, signed by at least ten percent of the

30

registered electors of the borough [shall be] is filed with the

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1

borough council, [such] the sale shall be stayed pending a

2

referendum on the ordinance.

3

(b)  The borough secretary within five days following the

4

filing of [such] the protest, shall certify to the county board

5

of elections a copy of the ordinance and the fact of the

6

protest, together with the number of signers [thereof] of the

7

protest, and the county board of elections shall direct a

8

referendum to be held on the matter at a special election to be

9

held at the time of the next general or municipal or primary

10

election occurring not less than sixty days from the date of

11

[such] the certification by the borough secretary. [Such] The 

12

referendum shall be conducted by the county board of elections

13

in the manner provided by the Pennsylvania Election Code for the

14

holding of special elections. The ballot used when voting upon

15

the question shall contain a question stating the nature and

16

purpose of the ordinance and providing that a "yes" vote shall

17

be to sustain the ordinance and a "no" vote shall be to reject

18

it. If more electors vote to sustain the ordinance than to

19

reject it, [such] the ordinance shall take effect immediately[;

20

if]. If more electors shall vote to reject the ordinance than to

21

sustain it, [such] the ordinance shall be null and void and

22

shall not take effect.

23

Section 264.  Article XXIV subdivision (a)(2) heading of the

24

act is renumbered and amended to read:

25

[(2)] (a.1)  Acquisition by Eminent Domain

26

Section 265.  Sections 2411 and 2412 of the act are amended

27

to read:

28

Section 2411.  Appropriation of Lands and Waters.--Any

29

borough desiring to [erect waterworks,] build a water system or

30

to improve its water supply[,] may appropriate springs, streams,

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1

rivers, or creeks and lands, easements and rights of way, within

2

or without its limits[, and, for], provided that if the

3

appropriation is outside its limits, the appropriation shall be

4

in compliance with 26 Pa.C.S. § 206 (relating to

5

extraterritorial takings). For the purpose of conducting water

6

obtained outside [the] its limits [of the borough,] a borough 

7

may lay pipes under and over any lands, rivers, streams,

8

bridges, highways and under railroads. No water appropriated

9

under the provisions of this section shall be used in [such] a 

10

manner as to deprive the owner [thereof] of the water of the

11

free use and enjoyment of the same for domestic or farm

12

purposes. The exercise of the powers in this section shall be

13

subject to any required approvals or permits from the Department

14

of Environmental Protection or other Federal or State entity.

15

Section 2412.  Agreements as to Damages; Bonds.--Prior to any

16

[such] appropriation pursuant to section 2411, the borough shall

17

attempt to agree with the owner as to the damage done, or likely

18

to be done[, and, if]. If the parties cannot agree, the borough

19

shall [file its bond in the court of common pleas, conditioned

20

for the payment to the owner of the property of the damages for

21

the taking thereof, when the same shall have been ascertained.

22

Upon the approval of the bond and filing thereof, the borough

23

may enter upon such property.] proceed pursuant to 26 Pa.C.S.

24

(relating to eminent domain).

25

Section 266.  Section 2413 of the act is repealed:

26

[Section 2413.  Appointment of Viewers; Proceedings.--Upon

27

petition of either the property owner or borough, at any time

28

thereafter, the court shall appoint three viewers from the

29

county board of viewers, who shall assess the damages for the

30

property or rights appropriated, and shall fix a time for their

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1

meeting, of which notice shall be given to all parties

2

interested. The proceedings for the assessment of damages shall

3

be as provided in the law governing eminent domain.]

4

Section 267.  Article XXIV subdivision (a)(3) heading of the

5

act is renumbered and amended to read:

6

[(3)] (a.2)  Acquisition by Purchase after Appraisement

7

Section 268.  Sections 2421, 2422 and 2423 of the act are

8

amended to read:

9

Section 2421.  Petition to Court Expressing Desire to Acquire

10

[Waterworks] a Water System.--Whenever any person, firm, or

11

corporation [shall own] owns any [waterworks or] water system,

12

and a borough is desirous of owning and operating [such

13

waterworks or] the water system, [such] a borough may present

14

its petition to the court of common pleas of the county where

15

the water system is located, setting forth that the borough is

16

desirous of owning [such waterworks or] the water system, and

17

that it will be necessary to issue bonds, and that a value

18

should be placed upon [such waterworks or] the water system,

19

including all property, real and personal, used in connection

20

therewith.

21

Section 2422.  Appointment of Engineers as Appraisers to Make

22

Valuation.--The court shall [thereupon] appoint three civil

23

engineers as appraisers, to value and appraise [such waterworks

24

or] the water system, and the property used in connection

25

[therewith] with the water system, and the contracts or

26

agreements with municipalities [or townships, who]. The civil

27

engineers shall file their report in the court within three

28

months after their appointment, unless [such] the time [be] is 

29

extended by the court.

30

Section 2423.  Powers of Appraisers.--The appraisers shall

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1

have access to the books and records of the person, firm, or

2

corporation owning [such waterworks or] the water system, to

3

inform themselves as to the income and value [thereof] of the

4

water system. They shall have power to administer oaths and are

5

authorized to take the testimony of witnesses. Their report

6

shall be final if not appealed from.

7

Section 269.  Section 2424 of the act, repealed in part June

8

3, 1971 (P.L.118, No.6), is amended to read:

9

Section 2424.  Appeal from Appraisement.--Within ten days

10

after notice of the filing of any report in court, either party

11

may appeal from [such] the appraisement by filing a petition for

12

a hearing before the court, alleging an undervaluation or

13

overvaluation of the property[, and praying for a hearing before

14

the court]. The court shall [thereupon] fix a time when [such] 

15

the appeal may be heard, [of which time at least ten days'

16

notice shall be given to the parties] giving at least ten days'

17

notice to the parties, and, upon such hearing, the court shall

18

have power to affirm or modify [such] the report as to it

19

appears just and proper.

20

Section 270.  Sections 2425 and 2426 of the act are amended

21

to read:

22

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

23

Price Fixed.--After the value is finally determined, the borough

24

is authorized to buy [such waterworks or] the water system at

25

the valuation so fixed[; and the]. The person, firm, or

26

corporation owning the [same] water system shall, within ten

27

days after notice, file in court its consent to sell and convey

28

its [waterworks or] water system and property to the borough at

29

the valuation fixed[;] and, in default [thereof, such] of the

30

filing of the consent, the person, firm, or corporation shall

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1

cease to have any exclusive privilege of supplying the borough,

2

or the citizens [thereof] of the borough, with water, and the

3

borough may install [such waterworks or] the water system as may

4

be necessary for the accommodation of the public.

5

Section 2426.  [Issue of Bonds] Bond Issue and Limitations.--

6

For the purpose of [such purchase] purchasing a water system, 

7

the borough may issue utility bonds in the manner provided by

8

[the Municipal Borrowing Law.] 53 Pa.C.S. Pt. VII Subpt. B

9

(relating to indebtedness and borrowing). The bonds shall not

10

exceed in amount the value fixed by the appraisers or the court.

11

The proceeds of the sale of the bonds shall be used exclusively

12

for the purpose of paying for the property acquired.

13

Section 271.  Section 2427 of the act is repealed:

14

[Section 2427.  Limit of Bond Issue.--Such bonds shall not

15

exceed in amount the value fixed by the appraisers or the court.

16

The proceeds of the sale of such bonds shall be used exclusively

17

for the purpose of paying for the property acquired.]

18

Section 272.  Article XXIV subdivision (a)(4) heading of the

19

act is renumbered and amended to read:

20

[(4)] (a.3)  Power to Lease [Waterworks] a Water System

21

Section 273.  Sections 2431, 2432 and 2433 of the act are

22

amended to read:

23

Section 2431.  Lease of [Waterworks] a Water System.--The

24

council of any borough may enter into a contract with any

25

individual, [copartnership] partnership, association, or

26

corporation, for the leasing of any water [supply, works,

27

systems, and property, or both of such] system of the 

28

individual, [copartnership] partnership, association, or

29

corporation.

30

Section 2432.  Term of Lease; Rental.--[Such leasing] The

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1

lease term may be for [such] a term of years and at [such] a 

2

rental price, as shall be agreed upon by the borough and the

3

individual, copartnership, association, or corporation.

4

Section 2433.  Operation of Property.--[The property, so

5

acquired, shall be operated in the same manner as if the same

6

had been acquired by such borough by purchase or condemnation

7

proceedings] A borough shall have the same powers in operating a

8

leased water system as it would have in operating a purchased or

9

condemned water system.

10

Section 274.  Section 2434 of the act is repealed:

11

[Section 2434.  Rates.--The council of the borough shall fix

12

the rates to be charged for the water furnished without the

13

limits of such borough to individuals, copartnerships,

14

associations, or corporations.]

15

Section 275.  Article XXIV subdivision (a)(5) heading of the

16

act is renumbered and amended to read:

17

[(5)] (a.4)  Joint [Waterworks] Water System

18

Section 276.  Sections 2436, 2437 and 2438 of the act are

19

amended to read:

20

Section 2436.  Joint Acquisitions and Constructions.--[Two or

21

more boroughs may unite, or any borough may unite with a city or

22

township] A borough may join with one or more municipal

23

corporations in the construction or acquisition and maintenance

24

of [waterworks] a water system.

25

Section 2437.  Permit of [Sanitary Water Board] Department of

26

Environmental Protection.--The construction of [such waterworks] 

27

a water system shall be commenced only after plans for [such

28

waterworks have] the water system has been filed with the

29

Department of [Health and the Water and Power Resources Board] 

30

Environmental Protection and, if required by law, other Federal

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1

or State entities, and permits issued in accordance with law.

2

Section 2438.  Joint Commission of [Waterworks] a Water

3

System.--The [boroughs, cities and townships] municipal

4

corporations joining in [any such] the construction or

5

acquisition and maintenance of [waterworks, in order to

6

facilitate the building, operation and maintenance of the same,

7

and in securing preliminary surveys and estimates,] a water

8

system may, by ordinance, provide for the appointment of a joint

9

commission of [waterworks, composed of one representative from

10

each of the boroughs, cities and townships joining, which] a

11

water system in order to facilitate the construction, operation

12

and maintenance of the water system and to secure preliminary

13

surveys and estimates. The joint commission shall act generally

14

as the advisory and administrative agency in the construction of

15

[such] the improvement and its subsequent operation and

16

maintenance and shall be composed of one representative from

17

each of the joining municipal corporations. The members of [such

18

board] the commission shall serve for terms of six years each

19

from the dates of their respective appointments and until their

20

successors are appointed. The commission shall organize by the

21

election of a [chairman] chair, secretary and treasurer. The

22

secretary and treasurer may be the same person. The [several

23

boroughs, cities and townships] municipal corporations may in

24

the ordinances creating the commission authorize it to appoint

25

an engineer, a solicitor and [such] other assistants as are

26

deemed necessary and agree to share the compensation for

27

attending its meetings as shall be fixed in the budget prepared

28

by the commission and submitted to and adopted by the [several

29

boroughs, cities and townships] joining municipal corporations. 

30

The budget item providing for the compensation to the members

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1

for attending meetings shall not exceed five hundred dollars

2

($500) per year, but members in addition thereto shall be

3

entitled to actual expenses to be paid by the respective

4

[boroughs, cities and townships which such] municipal

5

corporations that the members represent. The fee for each

6

attendance at meetings shall be stipulated and no member shall

7

be paid a fee for any meeting [he] the member does not attend.

8

Section 277.  Article XXIV subdivision (a)(6) heading of the

9

act is renumbered and amended to read:

10

[(6)] (a.5)  Condemnation of Lands for Road Purposes

11

and to Prevent Contamination

12

Section 278.  Sections 2441 and 2442 of the act are amended

13

to read:

14

Section 2441.  [Overflowing Roads] Prevention of

15

Contamination of Water Supply; Acquisition of Lands to

16

Reconstruct Roads.--[Whenever any borough, in supplying water to

17

the public, shall find it necessary, in storing water] (a)  If a

18

borough finds it necessary, when storing water for supply to the

19

public, to occupy and overflow [with water] portions of any

20

public road with water, or whenever any public road leads into

21

or crosses over any reservoir used for the storage of water, the

22

borough shall [cause such road to be reconstructed, at its own

23

expense, on a favorable location, and in as perfect manner as

24

the original road, and, for such purposes is authorized to

25

condemn land, whenever an agreement as to the price cannot be

26

had with the owners.], at its own expense, reconstruct or build

27

a road in a favorable location and it shall be in the same or

28

better condition as the original road. A borough is authorized

29

to condemn land for these purposes if an agreement as to price

30

cannot be reached with the landowner. A condemnation of land

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1

outside the borough limits shall be in conformity with 26

2

Pa.C.S. § 206 (relating to extraterritorial takings).

3

(b)  A borough may acquire, by purchase or condemnation, land

4

along and contiguous to streams of water or reservoirs from

5

which water is taken for public use if necessary to preserve the

6

water from contamination.

7

Section 2442.  Filing Maps and Plans.--[After such] If a 

8

change is made pursuant to section 2441(a), the borough shall

9

file in the court of [quarter sessions of the county] common

10

pleas a map or plan showing [such] the change of road, and if

11

the road is outside the limits of the borough, it shall furnish

12

to the [supervisors or other authorities of the township, or

13

municipal corporation] governing body of the municipal

14

corporation, a copy of [such] the map.

15

Section 279.  Sections 2443 and 2444 of the act are repealed:

16

[Section 2443.  Condemnation of Lands to Prevent

17

Contamination.--Any borough may acquire, by purchase or

18

condemnation, such land along and contiguous to the streams of

19

water or reservoirs from which water is taken for public use, as

20

may be necessary to preserve the same from contamination.

21

Section 2444.  Condemnation Proceedings.--The damages

22

incurred in changing the location of any such public road, and

23

in condemning land to preserve water from contamination, shall

24

be ascertained in the manner provided in the law governing

25

eminent domain, and shall be paid by the borough.]

26

Section 280.  Article XXIV subdivision(a)(7) heading of the

27

act is renumbered and amended to read:

28

[(7)] (a.6)  Commission of [Waterworks] the Water System

29

Section 281.  Sections 2451 and 2452 of the act, amended July

30

11, 1996 (P.L.549, No.97), are amended to read:

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1

Section 2451.  Commission May Be Established.--Whenever any

2

borough owns and maintains [waterworks] a water system, there

3

may be established in [such] the borough, by ordinance, a

4

commission of [waterworks] the water system, which shall have

5

the power of a nonprofit corporation, to be composed of either

6

three or five citizens of the borough, appointed by the borough

7

council who shall be known as commissioners of [waterworks] the

8

water system. At any time after three years from the first

9

appointment of the commissioners of [waterworks] the water

10

system, the borough may abolish [such] the commission by

11

repealing the ordinance establishing the same[, and therefore],

12

which shall terminate the terms of the commissioners then in

13

office [shall terminate].

14

Section 2452.  Terms of Commissioners; Compensation.--(a)  

15

[It] If a borough establishes a commission of the water system,

16

it shall be the duty of the borough council to appoint [such] 

17

the commissioners of [waterworks] the water system. If there are

18

three commissioners, one shall be appointed to serve for one

19

year, one for two years, and one for three years[;], and

20

annually thereafter, the council shall appoint one commissioner

21

of [waterworks] the water system to serve a term of three years.

22

If there are five commissioners, one shall be appointed to serve

23

for one year, one for two years, one for three years, one for

24

four years and one for five years[;], and annually thereafter, 

25

the council shall appoint one commissioner of [waterworks] the

26

water system to serve a term of five years. [The terms of

27

commissioners of waterworks in office on the effective date of

28

this act shall terminate on the effective date of this act.] In

29

case of a vacancy, the council shall fill the same for the

30

unexpired term. [Such] The commissioners of [waterworks] the

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1

water system may receive a salary for their services and shall

2

be reimbursed by the borough for all expenses necessarily

3

incurred in the performance of their [duty] duties.

4

(b)  The salary of the commissioners shall not exceed in

5

service areas with fewer than five thousand metered accounts a

6

maximum of one thousand eight hundred seventy-five dollars

7

($1875) per year or one hundred fifty-six dollars and twenty-

8

five cents ($156.25) per month; in service areas with five

9

thousand but fewer than ten thousand metered accounts, a maximum

10

of two thousand five hundred dollars ($2500) per year or two

11

hundred and eight dollars and thirty-three cents ($208.33) per

12

month; in service areas with ten thousand but fewer than fifteen

13

thousand metered accounts, a maximum of three thousand two

14

hundred and fifty dollars ($3250) per year or two hundred and

15

seventy dollars and eighty-three cents ($270.83) per month; in

16

service areas with fifteen thousand but fewer than twenty-five

17

thousand metered accounts, a maximum of four thousand one

18

hundred and twenty-five dollars ($4125) per year or three

19

hundred and forty-three dollars and seventy-five cents ($343.75)

20

per month; in service areas with twenty-five thousand but fewer

21

than thirty-five thousand metered accounts, a maximum of four

22

thousand three hundred seventy-five dollars ($4375) per year or

23

three hundred sixty-four dollars and fifty-eight cents ($364.58)

24

per month; and in service areas with thirty-five thousand or

25

more metered accounts, a maximum of five thousand dollars

26

($5000) per year or four hundred and sixteen dollars and sixty-

27

seven cents ($416.67) per month.

28

Section 282.  Sections 2453, 2454, 2455, 2456, 2457 and 2458

29

of the act are amended to read:

30

Section 2453.  Organization of Commissioners.--It shall be

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1

the duty of the commissioners of [waterworks] the water system 

2

to meet within ten days after their first appointment, and

3

annually thereafter, and organize by electing a president and

4

secretary.

5

Section 2454.  Powers of Commission.--After organization, the

6

commissioners shall take charge and control of the [waterworks] 

7

water system of [such] the borough. The commission shall have

8

power to appoint all necessary officers and agents, and take

9

from [them such] the officers and agents security for the

10

faithful performance of their [duty] duties as [they] the

11

commission shall deem proper[; and], to fix the salaries and

12

wages of [such] the officers and agents[;], to provide for the

13

repair, extension, improvement and maintenance of [such

14

waterworks] the water system, and the [erection] construction of

15

a new [waterworks;] water system, to collect water rents and to

16

make and establish the rates and conditions upon which water

17

will be furnished to applicants [therefor], subject to any

18

applicable approval, regulation or control imposed by 66 Pa.C.S.

19

Pt. I (relating to Public Utility Code) and to make bylaws and

20

regulations for the economic and efficient management of [such

21

waterworks] the water system, which shall not be inconsistent

22

with any of the laws of the Commonwealth, or the rules and

23

regulations of the [Sanitary Water Board or the Water and Power

24

Resources Board of the Commonwealth] Department of Environmental

25

Protection. No such bylaws or regulations shall become effective

26

until they have been approved by the borough council and enacted

27

as ordinances of the borough.

28

Section 2455.  Issue of Bonds.--The borough may, upon the

29

request of the commissioners of [waterworks] the water system,

30

issue general obligation or non-debt revenue bonds for the

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1

extension of the [waterworks] water system or the erection of a 

2

new [waterworks. Such] water system. The bonds shall be

3

designated ["waterworks] "water system bonds" and shall be

4

issued and sold in the manner provided by [the Municipal

5

Borrowing Law] 53 Pa.C.S. Pt. VII Subpt. B (relating to

6

indebtedness and borrowing).

7

Section 2456.  Plans and Specifications for the Improvements;

8

Contracts.--The commissioners shall prepare plans and

9

specifications of all work to be performed and materials

10

necessary for the repair, maintenance, and extension of [such

11

waterworks] the water system, or the [erection] construction of

12

a new [waterworks; and] water system. The commissioners shall,

13

after plans and specifications for the extension or the

14

[erection] construction of [waterworks have] a water system has 

15

been submitted to and approved by the [Sanitary Water Board] 

16

Department of Environmental Protection, and a permit granted

17

[therefor by the board] as may be required by law, invite

18

proposals for the performing of [such] the work and the

19

furnishing of [such] materials[;], and shall advertise for bids

20

as required by law, and shall let contracts [therefor] to the

21

lowest responsible bidder, and shall take adequate security for

22

the performance of all such contracts and for the payment of all

23

labor and materials.

24

Section 2457.  Reports by Commission.--The commissioners

25

shall make a monthly report to the borough council of the

26

receipts and disbursements during the preceding month, and

27

annually make a detailed report of the condition of the

28

[waterworks, which shall be published or otherwise made

29

available by the council for the information of the public.] 

30

water system. Both the monthly and annual reports shall be

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1

deemed to be public records.

2

Section 2458.  Care of Funds.--[The commissioners shall cause

3

all moneys collected to be deposited weekly, by the collectors,] 

4

Collectors shall be appointed by the commissioners, pursuant to

5

section 2454, who shall collect all moneys for water rents. The

6

moneys collected shall be deposited weekly with the borough

7

treasurer, who shall return a receipt [therefor] to the

8

commissioners. All moneys [so] collected shall be kept in a

9

separate fund, and shall be used for the purpose of repairing,

10

maintaining and extending [such waterworks] the water system,

11

and the [erection] construction of a new [waterworks] water

12

system. All moneys remaining after [such] the expenditures shall

13

be used solely for the payment of any indebtedness on [said

14

waterworks] the water system and any indebtedness incurred by

15

the borough for constructing, maintaining, improving, enlarging

16

or extending [said waterworks] the water system. [Said moneys

17

shall be used for no purpose other than as provided in this

18

section.] No money shall be drawn from [such] the fund except

19

upon order countersigned by the president and secretary of the

20

commission.

21

Section 283.  Article XXIV subdivision (a)(8) heading of the

22

act is renumbered and amended to read:

23

[(8)] (a.7)  Water Connections

24

Section 284.  Sections 2461, 2462 and 2463 of the act are

25

amended to read:

26

Section 2461.  Ordinances to Require Water Connections.--[Any

27

borough supplying water for the use of the public within such

28

borough, in any manner mentioned in section 2401 of this act,] 

29

(a)  Borough council may, by ordinance, require any owner of

30

property [abutting upon any street in which there is a water

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1

main constructed or acquired by the borough, to make connections

2

with such water line, for the purpose of conducting water to

3

such property. The borough may by penalties enforce any

4

regulation it may ordain with reference to such water

5

connections.] to connect with and use a water system of the

6

borough or municipal authority or a joint water board in either

7

of the following cases:

8

(1)  Except as provided in subsection (b), if the property

9

owner's principal building is located within one hundred fifty

10

feet of a water system or any part or extension of the system.

11

(2)  If the property owner's principal building has no supply

12

of water which is safe for human consumption.

13

(b)  A property owner who, after the effective date of this

14

subsection, is subject to mandatory connection pursuant to

15

subsection (a)(1) shall not be required to connect to the water

16

system pursuant to that subsection if all of the following

17

conditions exist:

18

(1)  The water system or part or extension of the system that

19

is within one hundred fifty feet of the principal building was

20

in existence on the effective date of this subsection.

21

(2)  The principal building has its own supply of water which

22

is safe for human consumption.

23

(3)  Prior to the effective date of this subsection, the

24

property owner was not required to connect to the existing

25

system.

26

(c)  A borough may also require any owner of property to

27

install and maintain a backflow prevention device based on the

28

degree of potential hazard of the connected property in

29

accordance with the act of November 10, 1999 (P.L.491, No.45),

30

known as the "Pennsylvania Construction Code Act," and

- 384 -

 


1

regulations promulgated thereunder.

2

(d)  A borough may assess penalties for the violation of

3

ordinances pertaining to water connections or backflow

4

prevention devices.

5

Section 2462.  Notice of Ordinance; Failure to Comply With

6

Ordinance.--The owner shall be given at least forty-five days'

7

notice of any ordinance requiring [such] a water connection,

8

and, upon failure of [such] the owner to make [such] the

9

required connection, the borough may make the [same] connection,

10

and collect the cost [thereof] from the owner by a municipal

11

claim or in an action of assumpsit. All connections required

12

shall be uniform.

13

Section 2463.  Water Main Tapping Fees.--Any borough may, by

14

ordinance, provide for charging a tapping fee calculated in

15

accordance with 53 Pa.C.S. § 5607 (relating to purposes and

16

powers) whenever the owner of any property connects [such] the

17

property with a water main constructed or acquired by the

18

borough[, which]. The tapping fee shall be in addition to any

19

charges assessed and collected against [such] the property in

20

the construction or acquisition of [such] the water main by the

21

borough. Whenever a water main or part or extension [thereof] 

22

owned by a borough has been constructed by the borough at the

23

expense of a private person or corporation or has been

24

constructed by a private person or corporation under the

25

supervision of the borough at the expense of the private person

26

or corporation, the borough shall have the right to charge a

27

tapping fee calculated in accordance with 53 Pa.C.S. § 5607 and

28

refund [said] the tapping fee or any part [thereof] of the

29

tapping fee to the person or corporation who has paid for the

30

construction of [said] the water main or any part or extension

- 385 -

 


1

[thereof]. The total of [said] the refunds shall never exceed

2

the cost of [said] the system or any part or extension [thereof] 

3

to the person or corporation paying for the construction

4

[thereof].

5

Section 285.  Article XXIV subdivision (b) heading of the act

6

is repealed:

7

[(b)  Manufacture and Supply of Electricity]

8

Section 286.  Section 2471 of the act, amended December 16,

9

1992 (P.L.1215, No.158), is repealed:

10

[Section 2471.  Manufacture and Purchase of Electricity.--Any

11

borough may manufacture or purchase electricity for the use of

12

the inhabitants of such borough. Any borough owning or operating

13

electric light plants may make contracts for supplying

14

electricity for commercial purposes outside the limits of such

15

borough, with the consent of the municipal and township

16

authorities. Nothing in this section shall conflict with the

17

corporate rights of any corporation empowered to supply

18

electricity in territory adjacent to such boroughs, or with the

19

rights of any other borough. No person, firm, or corporation

20

shall introduce electric current for light, heat, or power

21

purposes, without the consent of the borough authorities, into

22

the limits of any borough which is furnishing electric current

23

to the inhabitants: Provided, however, That this section shall

24

not apply to any person, firm, or corporation manufacturing

25

electricity exclusively for its own use: And provided further,

26

That any borough which constructs an electric light plant, or

27

purchases the property of any person, copartnership, or electric

28

light company, and incurs debt for any of such purposes, shall

29

incur such debt in accordance with and to the extent permitted

30

by the act of July 12, 1972 (P.L.781, No.185), known as the

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1

"Local Government Unit Debt Act." Nothing in this act shall be

2

construed so as to disallow any borough from operating a cable

3

television system.]

4

Section 287.  Sections 2471.1 and 2471.2 of the act, added

5

December 30, 1982 (P.L.1465, No.333), are repealed:

6

[Section 2471.1.  Operation of Electric Plants.--(a)  The

7

following words and phrases when used in this section shall

8

have, unless the context clearly indicates otherwise, the

9

meanings given to them in this subsection:

10

(1)  "Project" means any electric plants, hydroelectric plant

11

works, system, facilities, or real or personal property,

12

together with all parts thereof and appurtenances thereto, used

13

or useful in connection with the generation, production,

14

transmission, purchase, sale, exchange or interchange of

15

electric power or energy, or any interest therein or right to

16

capacity thereof.

17

(2)  "Revenue bond" means an instrument imposing an

18

obligation for the repayment of money borrowed, payable as to

19

both principal and interest exclusively from the income and

20

revenues derived from an interest in an electric light plant or

21

project.

22

(b)  A borough may own, construct, acquire by lease, purchase

23

or otherwise gain an interest as co-owner or tenant in common

24

and operate and manage or cause to be operated and managed an

25

electric light plant or project located within or without this

26

Commonwealth jointly with any other borough, political

27

subdivision, subdivision of the Federal Government, State,

28

political subdivision of another state, private corporation

29

empowered to supply electricity, electric cooperative

30

corporation formed under the act of June 21, 1937 (P.L.1969,

- 387 -

 


1

No.389), known as the "Electric Cooperative Corporation Act," or

2

electric cooperative corporation in another state.

3

(c)  A borough which jointly owns, constructs, leases,

4

purchases or otherwise gains an interest in an electric light

5

plant or project shall have the power to do and accomplish all

6

actions reasonably necessary and incident to the administration,

7

operation and management of the plant or project. This power

8

shall be vested in the corporate authorities: Provided, however,

9

That a borough shall not become a stockholder in, obtain or

10

appropriate money for or loan its credit to any corporation,

11

association, institution or individual or otherwise act contrary

12

to the provisions of section 9 of Article IX of the Constitution

13

of Pennsylvania. In addition to the powers enjoyed by all

14

boroughs, a borough which gains an interest in an electric light

15

plant or project under subsection (b) shall have the following

16

powers:

17

(1)  to cooperate with private power companies, other

18

boroughs, electric cooperative corporations and other public or

19

private electric power entities, inside and outside of this

20

Commonwealth, in the development of electric power and energy;

21

(2)  to make such studies as may be necessary to determine

22

the feasibility and cost of any additional sources and supplies

23

of electric power and energy;

24

(3)  to contract for the purchase, sale, exchange,

25

interchange, wheeling, pooling or transmission of electric power

26

and energy or for the right to the capacity thereof, inside and

27

outside of this Commonwealth, to and from any public or private

28

power entities, private power companies, other boroughs and

29

electric cooperative corporations;

30

(4)  to procure insurance against any losses in connection

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1

with its property, operations or assets in such amounts and from

2

such insurers as the corporate authorities deem desirable;

3

(5)  to contract for and to accept any gifts or grants or

4

loans of funds or property or financial or other aid in any form

5

from the United States of America or any agency or

6

instrumentality thereof, or from any other source;

7

(6)  to grant the use, by lease or otherwise, and to make

8

charges for the use, of any property or facility owned or

9

controlled by it;

10

(7)  to procure from the United States of America or any

11

agency or instrumentality thereof, or from any state or agency

12

or instrumentality thereof, any consents, authorizations or

13

approvals which may be requisite to enable ownership, operation,

14

construction or repair;

15

(8)  to borrow money and from time to time to issue revenue

16

bonds, and to enter into agreements with the purchasers of such

17

revenue bonds; and

18

(9)  to mortgage any property acquired or owned under

19

subsection (b) to secure the payment of its revenue bonds, or

20

other obligations issued to finance such acquisition, ownership

21

or repair.

22

(d)  In the erection and extension of an electric light plant

23

or project under subsection (b) and for all other purposes

24

authorized by this act, a borough may enter upon, appropriate,

25

injure, or destroy private lands, property or material according

26

to the proceedings set forth in the law governing eminent

27

domain: Provided, however, That a borough shall not have the

28

power of condemnation with regard to any property of a private

29

or public retail electric supplier which geographically lies

30

beyond the boundaries of the corporate limits of the borough.

- 389 -

 


1

(e)  A borough which gains an interest in an electric light

2

plant or project under subsection (b) may fix, establish,

3

maintain and collect or authorize by contract or otherwise the

4

establishment, levying and collection of such rates, fees,

5

rental or other charges, including connection charges, for the

6

services afforded by or in connection with any properties which

7

it constructs, erects, owns, acquires, operates or manages, and

8

for the sale or transmission of electric energy and power as it

9

may deem necessary, proper, desirable and reasonable.

10

(f)  A borough which gains an interest in an electric light

11

plant or project under subsection (b) may pay all or part of the

12

cost therefor from the revenues derived from the sale of revenue

13

bonds issued in the manner provided by the act of July 12, 1972

14

(P.L.781, No.185), known as the "Local Government Unit Debt

15

Act."

16

(g)  Interest and principal paid on revenue bonds issued by a

17

borough under subsection (f) shall be exempt from all State

18

taxes of whatsoever kind or nature.

19

Section 2471.2.  Municipal Power Agencies.--(a)  The

20

following words and phrases when used in this section shall

21

have, unless the context clearly indicates otherwise, the

22

meanings given to them in this subsection:

23

(1)  "Municipal power agency" means a separate body politic

24

and corporate under the laws of the Commonwealth of Pennsylvania

25

created by agreement between or among two or more boroughs

26

pursuant to this section.

27

(2)  "Project" means any electric plant or plants,

28

hydroelectric plant works, system, facilities or real or

29

personal property, together with all parts thereof and

30

appurtenances thereto, used or useful in connection with the

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1

generation, production, transmission, purchase, sale, exchange

2

or interchange of electric power or energy, or any interest

3

therein or right to capacity thereof.

4

(3)  "Revenue bond" means an instrument imposing an

5

obligation for the repayment of money borrowed, payable as to

6

both principal and interest exclusively from the income and

7

revenues derived from an interest in an electric light plant or

8

project.

9

(b)  Any two or more boroughs may form a municipal power

10

agency by the execution of any agency agreement authorized by a

11

resolution of the corporate authorities of each borough. Such

12

agency agreement shall state:

13

(1)  The name of the agency, which shall include the words

14

"municipal power agency."

15

(2)  The names of the boroughs which have approved the agency

16

agreement and are initial members of the municipal power agency.

17

(3)  That the municipal power agency is created pursuant to

18

the authority granted by this act.

19

(4)  The names and addresses of the persons initially

20

appointed by the corporate authorities to act as representatives

21

to the municipal power agency from the member boroughs.

22

(5)  The limitations, if any, placed on the powers or terms

23

of representatives appointed by the corporate authorities of the

24

member boroughs.

25

(6)  The names and addresses of the initial board of

26

directors of the municipal power agency, if known by the time of

27

filing, which shall be constituted by not less than five persons

28

who are representatives of the member boroughs, selected by the

29

vote of a majority of such representatives.

30

(c)  The agency agreement referred to in subsection (b) and a

- 391 -

 


1

certified copy of the resolution of the corporate authorities of

2

each borough shall be filed for record with the Secretary of the

3

Commonwealth. If the agency agreement meets the requirements of

4

this subsection, the Secretary of the Commonwealth shall record

5

it and issue and record a certificate of incorporation which

6

shall be conclusive proof of a substantial compliance with the

7

requirements of this subsection. The certificate shall state the

8

name of the municipal power agency and the fact and date of

9

incorporation. Upon the issuance of the certificate of

10

incorporation the existence of the municipal power agency as a

11

political instrumentality of the Commonwealth shall begin.

12

(d)  The bylaws of the municipal power agency and any

13

amendments thereto, shall be proposed by the board of directors

14

and shall be adopted by a majority vote of the representatives

15

of the member boroughs, unless the agency agreement requires a

16

greater vote, at a meeting held after notice. Subject to the

17

provisions of the agency agreement, the bylaws shall state:

18

(1)  the qualifications of member boroughs, and limitations,

19

if any, upon their number;

20

(2)  conditions of membership, if any;

21

(3)  manner and time of calling regular meeting of

22

representatives of member boroughs;

23

(4)  manner and conditions of termination of membership; and

24

(5)  such other provisions for regulating the affairs of the

25

municipal power agency as the representatives of the member

26

boroughs shall determine to be necessary.

27

(e)  Every municipal power agency shall maintain an office in

28

this Commonwealth to be known as its registered office. When a

29

municipal power agency desires to change the location of its

30

registered office, it shall file with the Secretary of the

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1

Commonwealth a certificate of change of location of registered

2

office, stating the new location by city, town or other

3

community and effective date of change. When the certificate of

4

change of location has been duly filed, the board of directors

5

may make the change without any further action.

6

(f)  Each of the directors shall hold office for the term for

7

which he has been selected and until a successor has been

8

selected and has qualified. Directors shall discharge their

9

duties in good faith, and with that diligence and care which an

10

ordinary prudent person in a like position would exercise under

11

similar circumstances. The agency agreement, or the bylaws may

12

prescribe the number, term of office, powers, authority and

13

duties of directors, the time and place of their meetings and

14

other regulations concerning directors. Except where the agency

15

agreement or bylaws prescribe otherwise, the term of office of a

16

director shall be for one year. Except where the agency

17

agreement or bylaws prescribe otherwise, a meeting of the board

18

of directors may be held at any place, within the Commonwealth,

19

designated by the board, after notice, and an act of the

20

majority of the directors present at a meeting at which a quorum

21

is present is the act of the board. Except where the agency

22

agreement or bylaws prescribe otherwise, any vacancy occurring

23

on the board shall be filled by a person nominated by the

24

remaining members of the board and elected by a majority of

25

representatives of the member boroughs.

26

(g)  Except where the agency agreement or bylaws prescribe

27

otherwise, the board of directors shall appoint a president from

28

its membership, and a secretary and treasurer, and any other

29

officers or agents deemed to be necessary, who may but need not

30

be borough representatives or directors. An officer may be

- 393 -

 


1

removed with or without cause by the board of directors.

2

Officers of the municipal power agency shall have the authority

3

and duties in the management of the business of the municipal

4

power agency that the agency agreement or bylaws prescribe, or,

5

in the absence of such prescription, as the board of directors

6

determines.

7

(h)  Except as otherwise provided in the agency agreement or

8

the bylaws, the duly authorized representatives of each member

9

borough shall act as, and vote on behalf of, such borough.

10

Except where the agency agreement or bylaws provide otherwise,

11

representatives of the member boroughs shall hold at least one

12

meeting each year for the election of directors and for the

13

transaction of any other business. Except where the agency

14

agreement or bylaws prescribe otherwise, special meetings of the

15

representatives may be called for any purpose upon written

16

request to the president or secretary to call the meeting. Such

17

officer shall give notice of the meeting to be held between ten

18

and sixty days after receipt of such request. Unless the agency

19

agreement or bylaws provide for a different percentage, a quorum

20

for a meeting of the representatives of the member boroughs is a

21

majority of the total members and a quorum for meetings of the

22

board of directors is a majority of the membership of such

23

board.

24

(i)  The agency agreement may be amended as proposed at any

25

meeting of the representatives of the members for which notice,

26

stating the purpose, shall be given to each representative and,

27

unless the agency agreement or bylaws require otherwise, shall

28

become effective when ratified by resolutions of a majority of

29

the corporate authorities of the member boroughs. Each amendment

30

and the resolutions approving it shall be filed for record with

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1

the Secretary of the Commonwealth.

2

(j)  Each member borough shall have full power and authority,

3

within budgetary limits applicable to it, to appropriate money

4

for the payment of expenses of the formation of the municipal

5

power agency and of its representative in exercising its

6

functions as a member of the agency.

7

(k)  A municipal power agency may own, construct, acquire by

8

lease, purchase or otherwise gain an interest by itself or as

9

co-owner or tenant in common and operate and manage or cause to

10

be operated and managed an electric light plant or project

11

located within or without this Commonwealth jointly with any

12

political subdivision, subdivision of the Federal Government,

13

State, political subdivision of another state, private

14

corporation empowered to supply electricity, electric

15

cooperative corporation formed under the act of June 21, 1937

16

(P.L.1969, No.389), known as the "Electric Cooperative

17

Corporation Act," or electric cooperative corporation in another

18

state.

19

(l)  All powers of a municipal power agency shall be

20

exercised by its board of directors, unless otherwise provided

21

by the agency agreement or bylaws. A municipal power agency

22

shall have the power to do and accomplish all actions reasonably

23

necessary and incident to the ownership, construction,

24

acquisition, administration, operation and management of an

25

electric light plant or project. Among the specific powers of a

26

municipal power agency shall be the following:

27

(1)  to sue and be sued;

28

(2)  to enter into contracts;

29

(3)  to cooperate with private power companies, boroughs,

30

electric cooperative corporations and other public or private

- 395 -

 


1

electric power entities, inside and outside of this

2

Commonwealth, in the development of electric power and energy;

3

(4)  to make such studies as may be necessary to determine

4

the feasibility and cost of any additional sources and supplies

5

of electric power and energy;

6

(5)  to contract for the purchase, sale, exchange,

7

interchange, wheeling, pooling or transmission of electric power

8

and energy or for the right to the capacity thereof, inside and

9

outside of this Commonwealth, to and from any public or private

10

power entities, private power companies, other boroughs and

11

electric cooperative corporations;

12

(6)  to procure insurance against any losses in connection

13

with its property, operations or assets in such amounts and from

14

such insurers as the board of directors deems desirable;

15

(7)  to contract for and to accept any gifts or grants or

16

loans of funds or property or financial or other aid in any form

17

from the United States of America or any agency or

18

instrumentality thereof, or from any other source;

19

(8)  to acquire, hold, use, operate and dispose of personal

20

property;

21

(9)  to acquire, hold, use and dispose of its income,

22

revenues, funds and moneys;

23

(10)  to acquire, own, use, lease, operate and dispose of

24

real property and interests in real property and to make

25

improvements thereon;

26

(11)  to grant the use, by lease or otherwise, and to make

27

charges for the use, of any property or facility owned or

28

controlled by it;

29

(12)  to procure from the United States of America or any

30

agency or instrumentality thereof, or from any state or agency

- 396 -

 


1

or instrumentality thereof, any consents, authorizations or

2

approvals which may be requisite to enable ownership, operation,

3

construction or repair;

4

(13)  to borrow money and from time to time to issue revenue

5

bonds and to enter into agreements with the purchasers of such

6

revenue bonds;

7

(14)  to invest funds not required for immediate use,

8

including but not limited to proceeds from the sale of revenue

9

bonds: Provided, however, That the power of a municipal power

10

agency to invest shall be the same as that of a borough, as

11

exercised by the borough council pursuant to clause (6) of

12

section 1005 and section 1316; and

13

(15)  to mortgage any property acquired or owned to secure

14

the payment of its revenue bonds or other obligations issued to

15

finance such acquisition, ownership or repair.

16

(m)  In the erection and extension of an electric light plant

17

or project, and for all other purposes authorized by this act, a

18

municipal power agency may enter upon, appropriate, injure or

19

destroy private lands, property or material according to the

20

proceedings set forth in the law governing eminent domain:

21

Provided, however, That a municipal power agency shall not have

22

the power of condemnation with regard to any property of a

23

private or public retail electric supplier which geographically

24

lies beyond the boundaries of the corporate limits of its member

25

boroughs.

26

(n)  A municipal power agency which gains an interest in an

27

electric light plant or project may pay all or part of the cost

28

therefor from the revenues derived from the sale of revenue

29

bonds issued in the manner provided by the act of July 12, 1972

30

(P.L.781, No.185), known as the "Local Government Unit Debt

- 397 -

 


1

Act."

2

(o)  A municipal power agency may make and enforce bylaws or

3

rules which it deems necessary or desirable and may establish,

4

fix, levy and collect or may authorize, by contract, franchise,

5

lease or otherwise, the establishment, levying and collection

6

of, rents, rates and other charges for the services afforded by

7

the municipal power agency, including connection for the

8

services afforded by the municipal power agency, including

9

connection charges or by or in connection with any project or

10

properties which it may construct, erect, acquire, own, operate

11

or control, or with respect to which it may have any interest or

12

any right to capacity thereof and for the sale of electric

13

energy or of generation or transmission capacity or services as

14

it may deem necessary, proper, desirable and reasonable. Rents,

15

rates and other charges shall be at least sufficient to meet

16

expenses thereof, including reasonable reserves, interest and

17

principal payments.

18

(p)  Interest and principal paid on revenue bonds, issued by

19

a municipal power agency shall be exempt from all State taxes of

20

whatsoever kind or nature.]

21

Section 288.  Section 2471.3 of the act, added October 27,

22

2010 (P.L.862, No.87), is repealed:

23

[Section 2471.3.  Additional Contracting Authority for

24

Electric Power and Energy.--(a)  In addition to the authority

25

provided under section 2471, a borough that, on the effective

26

date of this section, owns or operates electric generation or

27

distribution facilities and a borough that is a member of a non-

28

profit membership corporation may contract with the non-profit

29

membership corporation for the following:

30

(1)  The development of electric power and associated energy,

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1

including the conduct of investigations or studies necessary to

2

determine the feasibility and cost of additional sources and

3

supplies of electric power and associated energy.

4

(2)  The purchase, sale, exchange, interchange, wheeling,

5

pooling or transmission of electric power and associated energy

6

or the right to the capacity from sources and projects in this

7

Commonwealth or another state for a period not to exceed fifty

8

years.

9

(b)  A contract under subsection (a)(2) shall include the

10

purpose of the contract, the duration of the contract and

11

available procedures to terminate the contract subsequent to the

12

repayment of all indebtedness secured under the contract.

13

(c)  If a borough is a member of a non-profit membership

14

corporation, a contract under subsection (a)(2) may, if

15

specifically set forth in the contract, obligate the borough to:

16

(1)  take and pay for a minimum quantity of electric power

17

and associated energy if the power and energy is available for

18

delivery;

19

(2)  in connection with a project owned by the non-profit

20

membership corporation or in which the non-profit membership

21

corporation obtains an undivided ownership interest, to take or

22

pay for a minimum amount of electric power and energy; or

23

(3)  pay for electric power and energy only if utilized by

24

the borough.

25

(d)  (1)  The authority under subsection (c)(1) shall apply

26

whether or not the borough accepts delivery of the power and

27

energy.

28

(2)  The authority under subsection (c)(2) shall apply

29

notwithstanding the suspension, interruption, interference or

30

reduction or curtailment of the output of the project or the

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1

electric power and energy contracted for and whether or not:

2

(i)  the electric power and energy is available for delivery

3

to the borough; or

4

(ii)  the borough accepts delivery of the electric power and

5

energy.

6

(e)  No borough may be obligated under a take-or-pay or take-

7

and-pay arrangement entered into with a non-profit membership

8

corporation in which the borough maintains membership unless

9

that obligation is expressly authorized by an act of the borough

10

council.

11

(f)  A non-profit membership corporation shall not:

12

(1)  condition membership in the non-profit membership

13

corporation on the inclusion of any take-or-pay or take-and-pay

14

obligations in a contract under subsection (a)(2); or

15

(2)  except as set forth in subsection (g), require take-or-

16

pay or take-and-pay obligations in a contract with a borough

17

unless the contract meets the criteria of subsection (c)(1) or

18

(2).

19

(g)  A borough which is a member of a non-profit membership

20

corporation may enter into future power supply contracts,

21

contract renewals or contract extensions with the non-profit

22

membership corporation under subsection (c)(3):

23

(1)  with no take-or-pay or take-and-pay obligations as

24

permitted by subsection (c)(1) and (2); and

25

(2)  without prejudice or discrimination as compared to any

26

other borough which chooses to enter into contracts permitted by

27

subsection (c)(1) and (2) with the non-profit membership

28

corporation.

29

(h)  In order to carry out subsection (g), a non-profit

30

membership corporation which provides or offers electric power

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1

and associated energy to a member borough in this Commonwealth

2

under subsection (a)(2) shall offer, to all of its member

3

boroughs in this Commonwealth, future power supply contract

4

terms, contract renewals or contract extensions under subsection

5

(c)(3) on a comparable and nondiscriminatory basis and with

6

similar terms and conditions to future power supply contract

7

terms, contract renewals or contract extensions that would be

8

appropriate under subsection (c)(3) which the non-profit

9

membership corporation contemporaneously offers to its members

10

in other states.

11

(i)  All obligations under a contract under subsection (a)(2)

12

shall be paid from revenues derived from the operation of the

13

borough's electric system, and payments shall be an operating

14

expense of the borough's electric system.

15

(j)  If explicitly set forth in a contract under subsection

16

(a)(2), a borough may agree to assume, prorate or otherwise 

17

become liable for the obligations of another borough of this

18

Commonwealth or of a political subdivision of another state that

19

is a member of the non-profit membership corporation if the

20

borough or other political subdivision defaults in the payment

21

of its obligations for the purchase of the electric power and

22

associated energy. The contract may include provisions to permit

23

a borough to succeed to the rights and interests of the

24

defaulting borough or political subdivision to purchase electric

25

power and associated energy. A borough's liability for the

26

obligations of a defaulting borough of this Commonwealth or a

27

political subdivision of another state shall not exceed twenty-

28

five percent of a borough's initial nominal entitlement to

29

electric power and associated energy under the contract.

30

(k)  None of the obligations under the contract shall

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1

constitute a legal or equitable pledge, charge, lien or

2

encumbrance on any property of the borough or on any of its

3

income, receipts or revenues, except revenues of its electric

4

system. The full faith and credit and the taxing power of the

5

borough shall not be pledged for the payment of an obligation

6

under the contract.

7

(l)  The provisions of this section are intended to add to

8

the powers and rights of a borough, and nothing in this section

9

shall be construed to limit either the general or specific

10

powers or rights of a borough set forth in this act.

11

(m)  As used in this section, the term "non-profit membership

12

corporation" means an entity the membership of which:

13

(1)  consists solely of Pennsylvania boroughs, such as a

14

consortium, buying group or municipal power agency under section

15

2471.2; or

16

(2)  consists of Pennsylvania boroughs and political

17

subdivisions of another state or states.]

18

Section 289.  Sections 2472, 2473, 2474, 2475 and 2476 of the

19

act are repealed:

20

[Section 2472.  May Regulate Use and Prices.--Any borough

21

furnishing electricity may regulate the use of electricity in

22

dwellings, business places, and other places in such borough,

23

and the rate to be charged for the same.

24

Section 2473.  Sale of Electric Light Works.--By ordinance, a

25

borough may sell all or part of its electric light works to a

26

purchaser for such sale price as the parties may agree upon, and

27

thereafter for all purposes that price shall be deemed to be the

28

purchaser's original cost less accrued depreciation of the plant

29

at the date of purchase.

30

Section 2474.  Purchase of Electric Light Works.--Whenever

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1

any person, copartnership, or any electric light company

2

organized under the laws of the Commonwealth, is furnishing

3

light to any borough or the public within such borough, such

4

borough may purchase the works of such person, copartnership, or

5

corporation, at such price as may be agreed upon by the borough

6

and such person or copartnership, or a majority in value of the

7

stockholders of such corporation.

8

Section 2475.  Petition for Viewers.--Upon failure so to

9

agree on purchase price the borough may present a petition to

10

the court of common pleas, asking for the appointment of viewers

11

to assess the value of the plant and works so proposed to be

12

purchased whereupon the court shall appoint three viewers from

13

the county board of viewers, neither of whom shall be interested

14

in such works, or be stockholders in such corporation, or

15

taxpayers in such borough, and shall appoint a time for their

16

meeting, of which ten days' notice shall be given to all parties

17

in interest.

18

Section 2476.  Duty of Viewers.--The viewers, having been

19

sworn or affirmed justly and impartially to appraise the

20

property, and having viewed the premises and taken such

21

testimony as may be offered by any party touching the value of

22

the property and franchises, they shall determine the amount of

23

damages that such person, copartnership, or corporation will

24

sustain, and to whom payable, and make report thereof to the

25

court; which report shall be confirmed "nisi" by the court, and

26

if no appeal is taken as hereinafter provided, shall be

27

confirmed absolutely.]

28

Section 290.  Section 2477 of the act, repealed in part June

29

3, 1971 (P.L.118, No.6), is repealed:

30

[Section 2477.  Appeal from Report; Trial by Jury.--Either

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1

party may, at any time within thirty days after the confirmation

2

"nisi" of any such report, appeal therefrom to the court of

3

common pleas of the county. After such appeal, either party may

4

put the cause at issue, in the form directed by the court, and

5

the same shall be tried before a jury.]

6

Section 291.  Sections 2478 and 2479, Article XXIV

7

subdivision (c) heading, section 2481, subdivision (d) heading

8

and sections 2491, 2492 and 2493 of the act are repealed:

9

[Section 2478.  Exceptions to Report.--If any exceptions are

10

filed with any appeal, they shall be speedily disposed of, and,

11

if allowed, a new view shall be ordered; but if disallowed, the

12

appeal shall proceed as before provided.

13

Section 2479.  Notices.--The court shall have power to order

14

what notice shall be given in connection with any part of such

15

proceedings.

16

(c)  Operation of Gas Wells; Gas Works

17

Section 2481.  Authority to Purchase Natural Gas Well.--Any

18

borough shall have authority to purchase, own, use, operate and

19

control any natural gas well, or wells, for the purpose of

20

supplying natural gas for its own municipal purposes.

21

(d)  Airports

22

Section 2491.  Authority to Secure Lands for Airports.--Any

23

borough is hereby authorized and empowered to acquire, by lease

24

or purchase, any land, lying either within or without the limits

25

of such borough, which, in the judgment of the council thereof,

26

may be necessary and desirable for the purpose of establishing

27

and maintaining municipal airport facilities. The proceedings

28

for the condemnation of land under the provisions of this

29

subdivision, and for the assessment of damages for property

30

taken, injured or destroyed, shall be conducted in the manner

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1

provided by the law governing eminent domain. The title acquired

2

by the borough exercising the power of condemnation shall be a

3

title in fee simple.

4

Section 2492.  Authority to Establish Airports and Lease the

5

Same.--Any borough, acquiring land under the provisions of this

6

subdivision, is authorized and empowered to establish, equip,

7

condition, operate and maintain the same as a municipal airport,

8

and may lease the same, or any part thereof, to any individual

9

or corporation desiring to use the same for aviation purposes;

10

and any borough may enter into a contract, in the form of a

11

lease, providing for the use of said land, or any part thereof,

12

by the Government of the United States, for the use by said

13

Government of said land for aviation purposes upon nominal

14

rental or without consideration.

15

Section 2493.  Joint Airports.--Any borough, acquiring land

16

under the provisions of this subdivision, is authorized and

17

empowered to acquire, by lease or purchase, land for aviation

18

purposes, as hereinbefore provided, jointly with any county,

19

city, borough, township, or political subdivision of this

20

Commonwealth, and is hereby authorized and empowered to operate

21

and maintain said airport, jointly, with any county, city,

22

borough, township, or other political subdivision of this

23

Commonwealth, upon such terms and conditions as may be agreed

24

upon between the proper authorities of the county, city,

25

borough, township, or other political subdivision of this

26

Commonwealth.]

27

Section 292.  The act is amended by adding an article to

28

read:

29

ARTICLE XXIV-A

30

MANUFACTURE AND SUPPLY OF ELECTRICITY

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1

Section 2401-A.  Definitions.

2

The following words and phrases when used in this article

3

shall have the meanings given to them in this section unless the

4

context clearly indicates otherwise:

5

"Municipal power agency."  A separate body politic and

6

corporate under the laws of this Commonwealth created by

7

agreement between or among two or more boroughs pursuant to

8

section 2404-A.

9

"Project."  Electric plants, hydroelectric plant works,

10

system, facilities or real or personal property, together with

11

their parts and appurtenances, used or useful in connection with

12

the generation, production, transmission, purchase, sale,

13

exchange or interchange of electric power or energy, or any

14

interest therein or right to capacity thereof.

15

"Revenue bond."  An instrument imposing an obligation for the

16

repayment of money borrowed, payable as to both principal and

17

interest exclusively from the income and revenues derived from

18

an interest in an electric plant or project.

19

Section 2402-A.  General powers.

20

(a)  Electric plants and projects.--A borough may, either

21

singly or jointly, manufacture or purchase electricity for the

22

use of its inhabitants, own, construct, acquire by lease,

23

purchase or otherwise gain an interest in, operate and manage or

24

cause to be operated and managed, an electric plant or project

25

located within or without this Commonwealth. In the exercise of

26

any of the foregoing powers, a borough may join with any other

27

borough, political subdivision, agency or instrumentality of the

28

Federal Government, State government, political subdivision of

29

another state, private corporation empowered to supply

30

electricity, electric cooperative corporation formed under 15

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1

Pa.C.S. Ch. 73 Subchs. A (relating to preliminary provisions)

2

and B (relating to powers, duties and safeguards), or previously

3

formed under the act of June 21, 1937 (P.L.1969, No.389), known

4

as the Electric Cooperative Corporation Act (REPEALED 1990-198),

5

or electric cooperative corporation in another state.

6

(b)  Contracts for supplying electricity.--A borough owning

7

or operating an electric plant may make contracts for supplying

8

electricity for commercial purposes outside the limits of the

9

borough, provided that the borough has received the consent of

10

the other municipal governing body and, if applicable, subject

11

to 66 Pa.C.S. Pt. I (relating to Public Utility Code).

12

(c)  Additional sources.--A borough may conduct studies as

13

necessary to determine the feasibility and cost of any

14

additional sources and supplies of electric power and energy and

15

may cooperate with private power companies, other boroughs,

16

electric cooperative corporations and other public or private

17

electric power entities, within or without this Commonwealth, in

18

the development of electric power and energy.

19

(d)  Consent of borough to supply electricity.--No person,

20

partnership or corporation may introduce electric current for

21

light, heat or power purposes, without the consent of the

22

borough council, into the limits of any borough that is

23

furnishing electric current to its inhabitants, provided,

24

however, that this subsection shall not apply to any person,

25

partnership or corporation manufacturing electricity exclusively

26

for its own use.

27

(e)  Corporate rights.--Nothing in this article may conflict

28

with the corporate rights of any corporation empowered to supply

29

electricity in the territory adjacent to the borough, or with

30

the rights of any other municipality.

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1

(f)  Restrictions.--A borough shall not become a stockholder

2

in, obtain or appropriate money for or loan its credit to any

3

corporation, association, institution or individual or otherwise

4

act contrary to the provisions of section 9 of Article IX of the

5

Constitution of Pennsylvania.

6

(g)  General powers.--A borough, through its governing body,

7

shall have the power to do and accomplish all actions reasonably

8

necessary and incident to the administration, operation and

9

management of a plant or project.

10

Section 2403-A.  Specific powers.

11

(a)  Specific powers enumerated.--In addition to exercising

12

its general powers under section 2402-A, a borough, through its

13

governing body, shall have the following powers:

14

(1)  To contract for the purchase, sale, exchange,

15

interchange, wheeling, pooling or transmission of electric

16

power and energy or for the right to the capacity thereof,

17

inside and outside of this Commonwealth, to and from any

18

public or private power entities, private power companies,

19

other boroughs and electric cooperative corporations.

20

(2)  To regulate the use of and the charge for

21

electricity furnished by the borough for use throughout the

22

borough. A borough may fix, establish, maintain and collect

23

or authorize by contract or otherwise the establishment,

24

levying and collection of the rates, fees, rental or other

25

charges, including connection charges, for the services

26

afforded by or in connection with any properties which the

27

borough constructs, erects, owns, acquires, operates or

28

manages, and for the sale or transmission of electric energy

29

and power as it deems necessary, proper, desirable and

30

reasonable.

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1

(3)  To procure insurance against any losses in

2

connection with its property, operations or assets in the

3

amounts and from such insurers as the governing body or

4

bodies deem desirable.

5

(4)  To contract for and to accept any gifts, grants or

6

loans of funds or property, or financial or other aid in any

7

form from the United States of America or any agency or

8

instrumentality of the United States of America, or from any

9

other source.

10

(5)  To lease, or otherwise grant the use of, and to make

11

charges for the use of any property or facility owned or

12

controlled by the borough.

13

(6)  To procure from the United States of America or any

14

agency or instrumentality of the United States of America, or

15

from any state or agency or instrumentality of the State, any

16

consents, authorizations or approvals which may be requisite

17

to enable ownership, operation, construction or repair.

18

(7)  To borrow money and from time to time to issue

19

revenue bonds, and to enter into agreements with the

20

purchasers of the revenue bonds. Any borough that incurs debt

21

for the construction or purchase of an electric plant, or

22

land on which to construct an electric plant, or gains an

23

interest in an electric plant or project under section 2402-A

24

shall incur the debt in accordance with and to the extent

25

permitted by 53 Pa.C.S. Pt. VII Subpt. B (relating to

26

indebtedness and borrowing). Interest and principal paid on

27

revenue bonds issued by a borough under this article shall be

28

exempt from all State taxes of whatsoever kind or nature.

29

(8)  To mortgage any property acquired or owned under

30

section 2402-A to secure the payment of its revenue bonds or

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1

other obligations issued to finance the acquisition,

2

ownership or repair.

3

(9)  To sell, by ordinance, all or part of its electric

4

works to a purchaser for the sale price agreed upon by the

5

parties, and thereafter, for all purposes, that price shall

6

be deemed to be the purchaser's original cost less accrued

7

depreciation of the plant at the date of purchase.

8

(10)  To purchase the electric works of any person,

9

partnership, or electric company organized under the laws of

10

this Commonwealth that is furnishing light to the borough or

11

the public within the borough. The borough and the person,

12

partnership or a majority in value of the stockholders of a

13

corporation, may agree upon the purchase price, but upon

14

failure of the parties to agree on the price, the borough may

15

proceed according to the laws of eminent domain.

16

(b)  Eminent domain.--In the erection and extension of an

17

electric plant or project under this article, and for all other

18

purposes authorized by this act, a borough may enter upon,

19

appropriate, injure or destroy private lands, property or

20

material according to the proceedings set forth in 26 Pa.C.S.

21

(relating to eminent domain). A borough, however, shall not have

22

the power of condemnation with regard to any property of a

23

private or public retail electric supplier which geographically

24

lies beyond the boundaries of the corporate limits of the

25

borough.

26

Section 2404-A.  Municipal power agencies.

27

(a)  General rule.--Two or more boroughs may form a municipal

28

power agency by the execution of an agency agreement authorized

29

by an ordinance of the governing bodies of each borough. The

30

agency agreement shall state:

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1

(1)  The name of the agency, which shall include the

2

words "municipal power agency."

3

(2)  The names of the boroughs which have approved the

4

agency agreement and are initial members of the municipal

5

power agency.

6

(3)  That the municipal power agency is created pursuant

7

to the authority granted by this act.

8

(4)  The names and addresses of the persons initially

9

appointed by the governing bodies to act as representatives

10

to the municipal power agency from the member boroughs.

11

(5)  The limitations, if any, placed on the powers or

12

terms of representatives appointed by the governing bodies of

13

the member boroughs.

14

(6)  The names and addresses of the initial board of

15

directors of the municipal power agency, if known by the time

16

of filing, which shall be constituted by not less than five

17

persons who are representatives of the member boroughs,

18

selected by the vote of a majority of the representatives.

19

(b)  Certificate of incorporation.--The agency agreement

20

under subsection (a) and a certified copy of the ordinance of

21

the governing body of each borough shall be filed for record

22

with the Secretary of the Commonwealth. If the agency agreement

23

meets the requirements of this section, the Secretary of the

24

Commonwealth shall record the agreement and issue and record a

25

certificate of incorporation which shall be conclusive proof of

26

substantial compliance with the requirements of this section.

27

The certificate shall state the name of the municipal power

28

agency and the fact and date of incorporation. Upon the issuance

29

of the certificate of incorporation, the existence of the

30

municipal power agency as a political instrumentality of the

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1

Commonwealth shall begin.

2

(b.1)  Open meetings.--Regular and special meetings of the

3

representatives of member boroughs and the board of directors as

4

provided in this section shall be subject to 65 Pa.C.S. Ch. 7

5

(relating to open meetings).

6

(c)  Bylaws.--The bylaws of the municipal power agency and

7

any amendments, shall be proposed by the board of directors and

8

shall be adopted by a majority vote of the representatives of

9

the member boroughs, unless the agency agreement requires a

10

greater vote at a meeting held after notice. Subject to the

11

provisions of the agency agreement, the requirements of this act

12

and the laws of this Commonwealth, the bylaws shall state:

13

(1)  the qualifications of member boroughs, and

14

limitations, if any, upon their number;

15

(2)  conditions of membership, if any;

16

(3)  the manner and time of calling regular meetings of

17

representatives of member boroughs;

18

(4)  the manner and conditions of termination of

19

membership; and

20

(5)  such other provisions for regulating the affairs of

21

the municipal power agency as the representatives of the

22

member boroughs shall determine to be necessary.

23

(d)  Registered office.--Every municipal power agency shall

24

maintain an office in this Commonwealth to be known as its

25

registered office. When a municipal power agency desires to

26

change the location of its registered office, it shall file with

27

the Secretary of the Commonwealth a certificate of change of

28

location of registered office, stating the new location by

29

address, including street and number, if any, and effective date

30

of change. When the certificate of change of location has been

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1

duly filed, the board of directors may make the change without

2

any further action.

3

(e)  Directors.--Each of the directors shall hold office for

4

the term for which the director has been selected and until a

5

successor has been selected and has qualified. Directors shall

6

discharge their duties in good faith, and with that diligence

7

and care which an ordinary prudent person in a like position

8

would exercise under similar circumstances. The agency agreement

9

or the bylaws may prescribe the number, term of office, powers,

10

authority and duties of directors, the time and place of their

11

meetings and other regulations concerning directors, in a manner

12

consistent with law. Except where the agency agreement or bylaws

13

prescribe otherwise, the term of office of a director shall be

14

for one year. Except where the agency agreement or bylaws

15

prescribe otherwise, a meeting of the board of directors may be

16

held at any place within this Commonwealth designated by the

17

board, after notice, and an act of the majority of the directors

18

present at a meeting at which a quorum is present is the act of

19

the board. Except where the agency agreement or bylaws prescribe

20

otherwise, any vacancy occurring on the board shall be filled by

21

a person nominated by the remaining members of the board and

22

elected by a majority of representatives of the member boroughs.

23

(f)  Officers.--Except where the agency agreement or bylaws

24

prescribe otherwise, the board of directors shall appoint a

25

president from its membership, and a secretary, treasurer and

26

any other officers or agents deemed necessary who may, but need

27

not be, borough representatives or directors. An officer may be

28

removed with or without cause by the board of directors.

29

Officers of the municipal power agency shall have the authority

30

and duties in the management of the business of the municipal

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1

power agency that the agency agreement or bylaws prescribe or,

2

in the absence of such prescription, as the board of directors

3

determines.

4

(g)  Representatives of member boroughs.--Except as otherwise

5

provided in the agency agreement or the bylaws, the duly

6

authorized representatives of each member borough shall act as

7

and vote on behalf of that borough. Except where the agency

8

agreement or bylaws provide otherwise, representatives of the

9

member boroughs shall hold at least one meeting each year for

10

the election of directors and for the transaction of any other

11

business. Except where the agency agreement or bylaws prescribe

12

otherwise, special meetings of the representatives may be called

13

for any purpose upon written request to the president or

14

secretary to call the meeting. Such officer shall give notice of

15

the meeting to be held between ten and 60 days after receipt of

16

the request. Unless the agency agreement or bylaws provide for a

17

different percentage, a quorum for a meeting of the

18

representatives of the member boroughs is a majority of the

19

total members and a quorum for meetings of the board of

20

directors is a majority of the membership of the board.

21

(h)  Amendment of agency agreement.--The agency agreement may

22

be amended as proposed at any meeting of the representatives of

23

the members for which notice stating the purpose shall be given

24

to each representative and, unless the agency agreement or

25

bylaws require otherwise, shall become effective when ratified

26

by ordinances of a majority of the governing bodies of the

27

member boroughs. Each amendment and the ordinances approving it

28

shall be filed for record with the Secretary of the

29

Commonwealth.

30

(i)  Appropriations.--Each member borough shall have full

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1

power and authority, within budgetary limits applicable to it,

2

to appropriate money for the payment of expenses of the

3

formation of the municipal power agency and of its

4

representative in exercising its functions as a member of the

5

agency.

6

(j)  General powers.--A municipal power agency may own,

7

construct, acquire by lease, purchase or otherwise gain an

8

interest by itself or as co-owner or tenant in common and

9

operate and manage or cause to be operated and managed an

10

electric plant or project located within or without this

11

Commonwealth jointly with any political subdivision, subdivision

12

of the Federal Government, State government, political

13

subdivision of another state, private corporation empowered to

14

supply electricity, electric cooperative corporation formed

15

under the act of June 21, 1937 (P.L.1969, No.389), known as the

16

Electric Cooperative Corporation Act, (REPEALED 1990-198) or

17

electric cooperative corporation in another state.

18

(k)  Specific powers.--All powers of a municipal power agency

19

shall be exercised by its board of directors, unless otherwise

20

provided by the agency agreement or bylaws. A municipal power

21

agency shall have the power to do and accomplish all actions

22

reasonably necessary and incident to the ownership,

23

construction, acquisition, administration, operation and

24

management of an electric plant or project. Among the specific

25

powers of a municipal power agency shall be the following:

26

(1)  to sue and be sued;

27

(2)  to enter into contracts;

28

(3)  to cooperate with private power companies, boroughs,

29

electric cooperative corporations and other public or private

30

electric power entities inside and outside of this

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1

Commonwealth in the development of electric power and energy;

2

(4)  to make such studies as may be necessary to

3

determine the feasibility and cost of any additional sources

4

and supplies of electric power and energy;

5

(5)  to contract for the purchase, sale, exchange,

6

interchange, wheeling, pooling or transmission of electric

7

power and energy or for the right to the capacity thereof

8

inside and outside of this Commonwealth, to and from any

9

public or private power entities, private power companies,

10

other boroughs and electric cooperative corporations;

11

(6)  to procure insurance against any losses in

12

connection with its property, operations or assets in such

13

amounts and from such insurers as the board of directors

14

deems desirable;

15

(7)  to contract for and to accept any gifts or grants or

16

loans of funds or property or financial or other aid in any

17

form from the United States of America or any agency or

18

instrumentality of the United States of America, or from any

19

other source;

20

(8)  to acquire, hold, use, operate and dispose of

21

personal property;

22

(9)  to acquire, hold, use and dispose of its income,

23

revenues, funds and moneys;

24

(10)  to acquire, own, use, lease, operate and dispose of

25

real property and interests in real property and to make

26

improvements thereon;

27

(11)  to grant the use, by lease or otherwise, and to

28

make charges for the use of any property or facility owned or

29

controlled by it;

30

(12)  to procure from the United States of America or any

- 416 -

 


1

agency or instrumentality of the United States of America, or

2

from any state or agency or instrumentality of a state, any

3

consents, authorizations or approvals which may be requisite

4

to enable ownership, operation, construction or repair;

5

(13)  to borrow money and from time to time to issue

6

revenue bonds and to enter into agreements with the

7

purchasers of such revenue bonds;

8

(14)  to invest funds not required for immediate use,

9

including, but not limited to, proceeds from the sale of

10

revenue bonds, provided, however, that the power of a

11

municipal power agency to invest shall be the same as that of

12

a borough, as exercised by the borough council pursuant to

13

clause (6) of section 1005 and section 1316; and

14

(15)  to mortgage any property acquired or owned to

15

secure the payment of its revenue bonds or other obligations

16

issued to finance the acquisition, ownership or repair.

17

(l)  Eminent domain.--In the erection and extension of an

18

electric plant or project, and for all other purposes authorized

19

by this act, a municipal power agency may enter upon,

20

appropriate, injure or destroy private lands, property or

21

material according to the proceedings set forth in the law

22

governing eminent domain, provided, however, that a municipal

23

power agency shall not have the power of condemnation with

24

regard to any property of a private or public retail electric

25

supplier which geographically lies beyond the boundaries of the

26

corporate limits of its member boroughs.

27

(m)  Revenue bonds.--A municipal power agency which gains an

28

interest in an electric plant or project may pay all or part of

29

the cost from the revenues derived from the sale of revenue

30

bonds issued in the manner provided by 53 Pa.C.S. Pt. VII Subpt.

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1

B (relating to indebtedness and borrowing).

2

(n)  Bylaws.--A municipal power agency may make and enforce

3

bylaws or rules which it deems necessary or desirable and may

4

establish, fix, levy and collect or may authorize, by contract,

5

franchise, lease or otherwise, the establishment, levying and

6

collection of rents, rates and other charges for the services

7

afforded by the municipal power agency, including connection for

8

the services afforded by the municipal power agency, including

9

connection charges or by or in connection with any project or

10

properties which it may construct, erect, acquire, own, operate

11

or control, or with respect to which it may have any interest or

12

any right to capacity thereof and for the sale of electric

13

energy or of generation or transmission capacity or services as

14

it may deem necessary, proper, desirable and reasonable. Rents,

15

rates and other charges shall be at least sufficient to meet

16

expenses thereof, including reasonable reserves, interest and

17

principal payments.

18

(o)  State tax exemptions.--Interest and principal paid on

19

revenue bonds issued by a municipal power agency shall be exempt

20

from all State taxes of whatsoever kind or nature.

21

Section 2405-A.  Additional contracting authority for electric

22

power and energy.

23

(a)  Additional contracting authority.--In addition to the

24

authority provided under section 2402-A, a borough that, on

25

October 27, 2010, owns or operates electric generation or

26

distribution facilities and a borough that is a member of a

27

nonprofit membership corporation may contract with the nonprofit

28

membership corporation for the following:

29

(1)  The development of electric power and associated

30

energy, including the conduct of investigations or studies

- 418 -

 


1

necessary to determine the feasibility and cost of additional

2

sources and supplies of electric power and associated energy.

3

(2)  The purchase, sale, exchange, interchange, wheeling,

4

pooling or transmission of electric power and associated

5

energy or the right to the capacity from sources and projects

6

in this Commonwealth or another state for a period not to

7

exceed 50 years.

8

(b)  Contract requirements.--A contract under subsection (a)

9

(2) shall include the purpose of the contract, the duration of

10

the contract and available procedures to terminate the contract

11

subsequent to the repayment of all indebtedness secured under

12

the contract.

13

(c)  Minimum quantity of electric power and energy.--If a

14

borough is a member of a nonprofit membership corporation, a

15

contract under subsection (a)(2) may, if specifically set forth

16

in the contract, obligate the borough to:

17

(1)  take and pay for a minimum quantity of electric

18

power and associated energy if the power and energy is

19

available for delivery;

20

(2)  in connection with a project owned by the nonprofit

21

membership corporation or in which the nonprofit membership

22

corporation obtains an undivided ownership interest, to take

23

or pay for a minimum amount of electric power and energy; or

24

(3)  pay for electric power and energy only if utilized

25

by the borough.

26

(d)  Applicability of minimum requirements.--

27

(1)  The authority under subsection (c)(1) shall apply

28

whether or not the borough accepts delivery of the power and

29

energy.

30

(2)  The authority under subsection (c)(2) shall apply

- 419 -

 


1

notwithstanding the suspension, interruption, interference or

2

reduction or curtailment of the output of the project or the

3

electric power and energy contracted for, and whether or not:

4

(i)  the electric power and energy is available for

5

delivery to the borough; or

6

(ii)  the borough accepts delivery of the electric

7

power and energy.

8

(e)  Take-or-pay or take-and-pay arrangements.--No borough

9

may be obligated under a take-or-pay or take-and-pay arrangement

10

entered into with a nonprofit membership corporation in which

11

the borough maintains membership unless that obligation is

12

expressly authorized by an act of the borough council.

13

(f)  Restrictions.--A nonprofit membership corporation shall

14

not:

15

(1)  condition membership in the nonprofit membership

16

corporation on the inclusion of any take-or-pay or take-and-

17

pay obligations in a contract under subsection (a)(2); or

18

(2)  except as set forth in subsection (g), require take-

19

or-pay or take-and-pay obligations in a contract with a

20

borough unless the contract meets the criteria of subsection

21

(c)(1) or (2).

22

(g)  Future contracts.--A borough that is a member of a

23

nonprofit membership corporation may enter into future power

24

supply contracts, contract renewals or contract extensions with

25

the nonprofit membership corporation under subsection (c)(3):

26

(1)  with no take-or-pay or take-and-pay obligations as

27

permitted by subsection (c)(1) and (2); and

28

(2)  without prejudice or discrimination as compared to

29

any other borough which chooses to enter into contracts

30

permitted by subsection (c)(1) and (2) with the nonprofit

- 420 -

 


1

membership corporation.

2

(h)  Future power supply contract terms.--In order to carry

3

out subsection (g), a nonprofit membership corporation which

4

provides or offers electric power and associated energy to a

5

member borough in this Commonwealth under subsection (a)(2)

6

shall offer, to all of its member boroughs in this Commonwealth,

7

future power supply contract terms, contract renewals or

8

contract extensions under subsection (c)(3) on a comparable and

9

nondiscriminatory basis and with similar terms and conditions to

10

future power supply contract terms, contract renewals or

11

contract extensions that would be appropriate under subsection

12

(c)(3) which the nonprofit membership corporation

13

contemporaneously offers to its members in other states.

14

(i)  Payments.--All obligations under a contract under

15

subsection (a)(2) shall be paid from revenues derived from the

16

operation of the borough's electric system, and payments shall

17

be an operating expense of the borough's electric system.

18

(j)  Obligations of other entities.--If explicitly set forth

19

in a contract under subsection (a)(2), a borough may agree to

20

assume, prorate or otherwise become liable for the obligations

21

of another borough of this Commonwealth or of a political

22

subdivision of another state that is a member of the nonprofit

23

membership corporation if the borough or other political

24

subdivision defaults in the payment of its obligations for the

25

purchase of the electric power and associated energy. The

26

contract may include provisions to permit a borough to succeed

27

to the rights and interests of the defaulting borough or

28

political subdivision to purchase electric power and associated

29

energy. A borough's liability for the obligations of a

30

defaulting borough of this Commonwealth or a political

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1

subdivision of another state shall not exceed 25% of a borough's

2

initial nominal entitlement to electric power and associated

3

energy under the contract.

4

(k)  Pledge of borough property prohibited.--None of the

5

obligations under the contract may constitute a legal or

6

equitable pledge, charge, lien or encumbrance on any property of

7

the borough or on any of its income, receipts or revenues,

8

except revenues of its electric system. The full faith and

9

credit and the taxing power of the borough shall not be pledged

10

for the payment of an obligation under the contract.

11

(l)  Construction.--The provisions of this section are

12

intended to add to the powers and rights of a borough, and

13

nothing in this section may be construed to limit either the

14

general or specific powers or rights of a borough set forth in

15

this act.

16

(m)  Definition.--As used in this section, the term "non-

17

profit membership corporation" means an entity the membership of

18

which:

19

(1)  consists solely of Pennsylvania boroughs, such as a

20

consortium, buying group or municipal power agency under

21

section 2404-A; or

22

(2)  consists of Pennsylvania boroughs and political

23

subdivisions of another state or states.

24

Section 293.  Article XXV and subdivision (a) headings,

25

sections 2501, 2502, 2503, 2504 and 2505, Article XXV

26

subdivision (b) heading and sections 2511 and 2512 of the act

27

are repealed:

28

[ARTICLE XXV

29

PUBLIC BUILDINGS AND WORKS

30

(a)  Eminent Domain; General Provisions

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1

Section 2501.  Exercise of Eminent Domain.--Any borough may

2

enter upon and appropriate private property, and also land

3

previously granted or dedicated to public use or other use, and

4

which is no longer used for the purpose for which the same was

5

granted or dedicated, and also land where the title may be

6

defective, disputed, or doubtful, for the erection thereon of

7

public auditoriums, public libraries, public memorial buildings

8

and monuments and such other public buildings and works as are

9

necessary for municipal purposes within the limits of such

10

borough.

11

Section 2502.  Lands Excepted.--No land or property used for

12

any cemetery, burying-ground, or place of public worship, shall

13

be taken or appropriated by virtue of any power contained in the

14

preceding section of this article.

15

Section 2503.  Declaration of Intention.--Whenever the

16

borough shall desire to acquire, enter upon, take, use and

17

appropriate any such private property or land, for any such

18

purposes, it shall declare such intention by an ordinance duly

19

enacted.

20

Section 2504.  Proceedings.--The compensation and damages

21

arising from such taking, using and appropriating of private

22

property for the purposes aforesaid, shall be considered,

23

ascertained, determined, awarded and paid in the manner provided

24

in the law governing eminent domain.

25

Section 2505.  Payment of Damages and Costs.--All damages

26

when ascertained, the costs of the viewers, and all court costs

27

incurred in such proceedings, including advertising, printing

28

and posting notices, shall be paid by the borough.

29

(b)  Refuse Disposal Facilities

30

Section 2511.  Power to Purchase Real Estate.--Any borough,

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1

separately, or jointly, with another borough, city or township,

2

may purchase any real estate within or without the limits of

3

such borough or of any such other boroughs, cities, or

4

townships, as the case may be, upon which to erect and maintain

5

garbage or incinerating plants, or for sanitary landfill.

6

Section 2512.  Approval of Site.--Boroughs desiring to locate

7

any garbage or incinerating plant or sanitary landfill, shall

8

first apply separately or jointly as the case may be to the

9

court of common pleas for its approval of the location thereof;

10

whereupon the court shall fix a date when objections to the

11

location will be heard and shall prescribe what notice of such

12

hearing shall be given. If at the time fixed for such hearing no

13

objections shall be made to such location, the same shall be

14

approved; but, if objection is made, the court shall proceed to

15

hear the matter and determine whether the location is a

16

detriment to neighboring properties. The finding of the court

17

shall be conclusive, but shall in no way adjudicate any question

18

relating to damages for injury to property.]

19

Section 294.  Section 2513 of the act, amended December 21,

20

1984 (P.L.1263, No.239), is repealed:

21

[Section 2513.  Authority to Take or Appropriate Real

22

Estate.--In case the borough or boroughs cannot agree with the

23

owner of such property as to the price, the borough or boroughs,

24

separately or jointly, may take and appropriate, for any of such

25

purposes, any real estate, after an ordinance or ordinances

26

shall have been enacted providing for such taking and

27

appropriating. Notwithstanding the provisions of this section,

28

no borough or boroughs, separately or jointly, may take or

29

appropriate any real estate that is located outside the limits

30

of the borough or boroughs and contains or is being utilized as

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1

an existing garbage dump or sanitary landfill.]

2

Section 295.  Section 2514 of the act is repealed:

3

[Section 2514.  Proceedings.--The proceedings before the

4

viewers for the assessment of damages for property taken,

5

injured, or destroyed under this subdivision of this article and

6

the proceedings upon their report shall be as provided in the

7

law governing eminent domain.]

8

Section 296.  The act is amended by adding an article to

9

read:

10

ARTICLE XXV-A

11

AIRPORTS

12

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

13

Any borough is hereby authorized and empowered to acquire, by

14

lease, purchase or condemnation, any land lying either within or

15

without the limits of the borough which, in the judgment of the

16

council, may be necessary and desirable for the purpose of

17

establishing and maintaining municipal airport facilities. The

18

proceedings for the condemnation of land under the provisions of

19

this article and for the assessment of damages for property

20

taken, injured or destroyed, shall be conducted in the manner

21

provided by the law governing eminent domain. The title acquired

22

by the borough exercising the power of condemnation shall be a

23

title in fee simple.

24

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

25

Any borough acquiring land under the provisions of this

26

article is authorized and empowered to establish, equip,

27

condition, operate and maintain the land as a municipal airport,

28

and may lease the land, or any part, to any individual or

29

corporation desiring to use the same for aviation purposes. Any

30

borough may enter into a contract, in the form of a lease,

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1

providing for the use of the land, or any part, by the Federal

2

Government, for its use of the land for aviation purposes upon

3

nominal rental or without consideration.

4

Section 2503-A.  Joint airports.

5

Pursuant to the powers in this article, any borough may,

6

jointly with another municipality, acquire land for aviation

7

purposes, and may jointly operate and maintain the airport on

8

the terms and conditions as agreed upon by the governing bodies

9

of the borough and other municipality.

10

Section 297.  Article XXVI heading of the act is reenacted to

11

read:

12

ARTICLE XXVI

13

WHARVES AND DOCKS

14

Section 298.  Section 2601 of the act is amended to read:

15

Section 2601.  Power With Regard to Wharves and Docks.--[Any

16

borough may erect and repair wharves and docks, regulate and fix

17

the rate of wharfage for all public wharves and docks within its

18

limits, and enforce the collection of wharfage for the use of

19

the same, and may also regulate the anchoring of vessels, boats,

20

or rafts within the borough limits, and the depositing of

21

freight on such public wharves.] (a)  Boroughs shall have the

22

power to construct and repair wharves and docks and may acquire,

23

by purchase or condemnation, real estate along navigable waters

24

and within the borough limits as needed for the construction.

25

Prior to any condemnation, a borough shall enact an ordinance

26

authorizing the same.

27

(b)  Boroughs shall also have the following powers:

28

(1)  To regulate, fix, and enforce the collection of the rate

29

of wharfage for all public wharves and docks within its limits.

30

(2)  To regulate the anchoring of vessels, boats or rafts

- 426 -

 


1

within the borough limits.

2

(3)  To regulate the depositing of freight on the public

3

wharves.

4

Section 299.  Section 2602 of the act is repealed:

5

[Section 2602.  Purchase and Condemnation of Real Estate.--

6

Any such borough may acquire, by purchase or condemnation, such

7

real estate as it may need for the construction of wharves and

8

docks within the limits of the borough, along navigable waters.

9

No real estate for the erection of wharves and docks shall be so

10

taken or appropriated until an ordinance authorizing the same

11

shall have been enacted.]

12

Section 300.  Section 2603 of the act is reenacted to read:

13

Section 2603.  Proceedings.--The proceedings before the

14

viewers for the assessment of damages for property taken,

15

injured, or destroyed under this article, and the proceedings on

16

their report shall be as provided in the law governing eminent

17

domain. The costs of all proceedings, including the compensation

18

of the viewers, shall be paid by the borough.

19

Section 301.  Sections 2604, 2605 and 2606 of the act are

20

amended to read:

21

Section 2604.  How Damages Assessed.--The damages for the

22

taking or injury of any property for use as a wharf, pier, or

23

bulkhead, shall include full compensation for the value of the

24

property taken or injured[; and if]. If the property [so] taken

25

or injured shall constitute a part of a plant used as an

26

entirety, the damage to the owner or tenant shall be assessed by

27

taking the difference in market value of [such] the plant as a

28

whole, including buildings and all equipment installed and used

29

in [such] the plant, before and after taking or injury, and

30

notwithstanding that part of [such] the plant may be separated

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1

by a street or highway.

2

Section 2605.  Leases.--Any borough may lease any wharf or

3

part [thereof] and collect rent [therefor] by distress or

4

otherwise. No one term of [any such] a lease shall be for a

5

period longer than three years.

6

Section 2606.  Market-Houses and Terminal Sheds.--Boroughs

7

may erect and maintain market-houses and terminal sheds on

8

wharves, for the receipt and distribution of freight and

9

express. Boroughs may also construct railroad and street railway

10

tracks, or other facilities, on wharves, to provide for the

11

convenient hauling of [such] freight or express matter and may

12

collect rents, tolls, or charges for the use of [such] market-

13

houses, terminal sheds, tracks and facilities. No permit other

14

than a license revocable at will shall be granted, and no

15

exclusive permit for the use of such facilities shall be

16

granted.

17

Section 302.  Section 2607 of the act is reenacted to read:

18

Section 2607.  Public Use Preserved.--No structure erected,

19

and no right granted under the powers conferred by any of the

20

preceding sections of this article, shall interfere with the

21

public use of wharves for water-borne commerce.

22

Section 303.  Section 2608 of the act is amended to read:

23

Section 2608.  Saving Clause.--Nothing contained in this

24

article shall be construed as conferring upon boroughs any power

25

conferred by existing law on the Navigation [Commissioners] 

26

Commission for the Delaware River and its Navigable Tributaries,

27

or to permit boroughs to do any act, or to enact any ordinance,

28

inconsistent with the laws, rules and regulations relating to

29

[said board, or the rules and regulations of said board] the

30

commission.

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1

Section 304.  Article XXVII and subdivision (a) headings of

2

the act are reenacted to read:

3

ARTICLE XXVII

4

RECREATION PLACES, SHADE TREES, FORESTS

5

(a)  Parks and Playgrounds, Et Cetera

6

Section 305.  Sections 2701, 2702 and 2703 of the act are

7

amended to read:

8

Section 2701.  Power to Maintain [and Improve], Improve and

9

Acquire.--(a)  Any borough may provide, improve, maintain and

10

regulate public parks, parkways and playgrounds, playfields, 

11

swimming pools, public baths, bathing places, indoor recreation

12

centers and gymnasiums, hereinafter called "recreation places,"

13

within the borough limits or in any adjacent [township or in any

14

city or other borough] municipal corporation if the other

15

[borough or city] municipal corporation shall, by ordinance,

16

signify its consent thereto. [Two or more boroughs may jointly

17

provide, improve, maintain and regulate such recreation places

18

within the limits of any township adjacent to any one of such

19

boroughs. All expenses relative thereto shall be borne by the

20

respective boroughs, in such proportion as may be agreed upon by

21

the councils thereof.

22

Section 2702.  Power to Acquire.--Any] (b)  Any borough may

23

enter upon, appropriate and acquire by gift, devise, purchase,

24

lease, or otherwise, private property [within the limits of the

25

borough, or in any adjacent township,] or [any borough] may

26

designate and set apart any lands or buildings, owned by the

27

borough and not dedicated or devoted to other public uses[; and

28

two or more boroughs may jointly appropriate and acquire by

29

gift, devise, purchase, lease, or otherwise, private property

30

within the limits of any township adjacent to any of such

- 429 -

 


1

boroughs,] for the purpose of making, enlarging and maintaining

2

recreation places. [All the costs and expenses relative to any

3

such property, acquired by two or more boroughs jointly, shall

4

be paid by the respective boroughs in such proportions as may be

5

agreed upon by the councils thereof.

6

Any]

7

(c)  Any borough may join with one or more political

8

subdivisions to acquire, create, equip, improve, regulate,

9

maintain and operate any recreation place in accordance with 53

10

Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

11

cooperation).

12

(d)  No borough, acting individually or jointly, may

13

[likewise] acquire private property within the limits of another

14

[borough or city,] municipal corporation for the purposes

15

designated in this section, [if the other borough or city shall,

16

by ordinance, signify its consent thereto] without the consent

17

of the governing body of the municipal corporation in which the

18

property is located in accordance with the law governing eminent

19

domain.

20

(e)  All expenses incurred in the maintenance, improvement,

21

acquisition or operation of recreation places, as provided in

22

this section, shall be payable from the treasury of the borough,

23

or the borough and other political subdivisions as may be

24

provided for by agreement of the governing bodies. The borough

25

council may annually appropriate, and cause to be raised by

26

taxation, an amount necessary for the purpose of maintaining and

27

operating recreation places, or for paying its share of such

28

amount.

29

Section 2703.  Appropriations for Public Purposes.--The

30

appropriation of private property for the purpose of making,

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1

enlarging and maintaining recreation places, is declared to be

2

the taking of private property for public use, and for all

3

damage suffered by the owners of any property so taken, the

4

funds of the borough raised by taxation shall be pledged as

5

security. The proceedings for the taking of private property and

6

the assessment of damages for private property taken, injured or

7

destroyed under this article shall be as provided in the law

8

governing eminent domain.

9

Section 306.  Sections 2704 and 2705 of the act are repealed:

10

[Section 2704.  Proceedings.--The proceedings before the

11

viewers for the assessment of damages for property taken,

12

injured or destroyed under this article and the proceedings upon

13

their report shall be as provided in the law governing eminent

14

domain.

15

Section 2705.  Validation of Prior Acquisitions.--Whenever,

16

prior to June 1, 1911, any borough acquired land outside its

17

corporate limits for park purposes, such borough may own and

18

possess such land for park purposes, and is authorized to lay

19

out and maintain the same and to appropriate money to defray

20

expenses incident to such work.]

21

Section 307.  Sections 2708, 2709 and 2710 of the act are

22

amended to read:

23

Section 2708.  Creation of Recreation Board.--(a)  The

24

authority to supervise and maintain recreation places, may be

25

vested in any existing body or board, including the borough

26

council, or in a recreation board, as the borough council shall

27

determine. The council of any such borough may equip, operate

28

and maintain the recreation places, as authorized by this

29

article, and may, for the purpose of carrying out the provisions

30

of this article, employ [play leaders, recreation directors,

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1

supervisors, superintendents, or] any [other] officers or

2

employes, as it may deem proper.

3

(b)  Notwithstanding subsection (a), a borough council shall

4

not delegate the power to maintain accounts or expend funds from

5

the borough treasury for the purposes authorized by this

6

subdivision to any existing or newly created body or board.

7

(c)  Any borough may join or create, with one or more

8

municipalities, a joint recreation board in accordance with 53

9

Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental

10

cooperation). The composition of the board and its powers and

11

duties shall be as provided by agreement of the governing bodies

12

of the municipalities.

13

Section 2709.  Composition of Board.--[(a)]  If the borough

14

council shall determine that the power to equip, operate, and

15

maintain recreation places, shall be exercised by a recreation

16

board, it may, by ordinance, establish in [said] the borough

17

[such] a recreation board, which shall possess [all the powers,

18

and be subject to all the responsibilities, of the respective

19

authorities under this article. Such] those powers and duties as

20

may be delegated to it by ordinance. The board shall consist of

21

a minimum of five and a maximum of nine persons. Two of the

22

members may be members or appointees of the school board of the

23

school district in which the borough is located. If the board

24

[consist] consists of seven members, three of the members may be

25

members or appointees of [such] the school board. The borough

26

members of the board shall be appointed by the borough council,

27

and shall serve no longer than five years and the terms of the

28

members shall be staggered in such a manner that at least one

29

expires annually. Members of [such] the board shall serve

30

without pay. Vacancies in [such] the board, occurring otherwise

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1

than by expiration of term, shall be filled for the unexpired

2

term in the same manner as original appointments.

3

[(b)  In addition to the establishment of a borough

4

recreation board, the borough council may appoint persons to

5

serve as members of a school district recreation board

6

established by the school district wherein the borough is

7

located.]

8

Section 2710.  Organization of Board; Employes.--The members

9

of a recreation board, established pursuant to this article,

10

shall elect their own [chairman] chair and secretary and select

11

all other necessary officers, to serve for a period of one

12

year[, and may employ such persons as may be needed, as

13

authorized by this article. Such] The recreation board may, with

14

the approval of council, establish employment positions and hire

15

employes to fill the approved positions. The board shall have

16

power to adopt rules and regulations for the conduct of all

17

business within its jurisdiction.

18

Section 308.  Sections 2711 and 2712 of the act are repealed:

19

[Section 2711.  Joint Ownership and Maintenance.--Any two or

20

more boroughs, or a borough with any city or township, or a

21

borough with a county, may jointly acquire property for, and

22

operate and maintain, any recreation places. Any borough or

23

boroughs shall have power to join with any school district in

24

equipping, operating and maintaining recreation places, and may

25

appropriate money therefor.

26

Section 2712.  Maintenance and Tax Levy.--All expenses

27

incurred in the operation of such recreation places, established

28

as herein provided, shall be payable from the treasury of such

29

borough, or boroughs, township, city, county or school districts

30

as may be provided for by agreement of the corporate

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1

authorities. The borough council may annually appropriate, and

2

cause to be raised by taxation, an amount necessary for the

3

purpose of maintaining and operating recreation places, or for

4

paying its share of such amount.]

5

Section 309.  Section 2713 of the act is amended to read:

6

Section 2713.  Lease for School Athletics.--Any borough

7

maintaining a recreation place, may lease [such] a recreation

8

place or [such] a portion [thereof] of a recreation place,

9

suitable for athletic sports and athletic games, to any school

10

board, or school athletic association organized by a school

11

board, and organized for the purpose of conducting amateur

12

athletic sports and games among pupils of the public school, and

13

may permit [such] a school board or school athletic association

14

to charge admission to [such] sports and games and to deny

15

persons refusing to pay admission access to the grounds where

16

[such] sports or games are being conducted, if [such] sports and

17

games are not conducted for individual profit.

18

Section 310.  Article XXVII subdivision (b)(1) heading of the

19

act is amended to read:

20

(b)  Shade Trees

21

(1)  [Shade Tree Commission] Power of Boroughs

22

as to Shade Trees

23

Section 311.  The act is amended by adding sections to read:

24

Section 2720.  Care, Custody and Control of Shade Trees.--(a)

25

Council shall have exclusive care, custody and control of shade

26

trees in the borough. Council may plant, transplant, remove,

27

maintain and protect shade trees on the streets and highways in

28

the borough, employ and pay persons and make and enforce

29

regulations as may be necessary for the care and protection of

30

the shade trees of the borough.

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1

(b)  Council may, by ordinance, and with or without the

2

petition of a majority of the property owners upon any public

3

street in the borough, plant, transplant or remove shade trees.

4

Council may, with or without petition, require the planting and

5

replanting of suitable shade trees along and upon the sides of

6

the streets, upon such alignment and at such points as may be

7

designated by ordinance, by the owners of property abutting the

8

street at the points designated. Nothing in this act may

9

authorize council to plant or replant, or require the planting

10

or replanting, of trees at any point which may interfere with

11

the necessary or reasonable use of any street or abutting

12

property or the business conducted on the property. On failure

13

of any owner, after reasonable notice, to comply with the terms

14

of an ordinance requiring the planting or replanting of shade

15

trees, the borough may cause such trees to be planted or

16

replanted and assess the cost against the owner in accordance

17

with section 2720.2.

18

(c)  Council may, upon notice as may be provided by

19

ordinance, require owners of property to cut and remove plants,

20

shrubs and trees afflicted with any disease that threatens to

21

injure or destroy plants, shrubs and shade trees in the borough

22

under regulations prescribed by ordinance. Upon failure of any

23

owner to comply with the notice, the borough may cause the work

24

to be done by the borough, and assess the cost against the owner

25

in accordance with section 2720.2.

26

Section 2720.1.  Maintenance by Borough; Tax Levy.--(a)  The

27

cost and expenses of caring for shade trees after having been

28

planted or transplanted and the expense of publishing any notice

29

required by this subdivision shall be paid by the borough.

30

(b)  Council may levy a general tax, not to exceed the sum of

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1

one-tenth of one mill on the dollar on the assessed valuation of

2

the property in the borough taxable for county purposes, for the

3

purpose of defraying the cost and expenses of caring for the

4

shade trees and the expense of publishing notices; or it may

5

provide for the expense of the caring for trees already planted

6

and of publishing the notice by appropriations.

7

Section 2720.2.  Payment by Owners; Assessments.--The cost of

8

planting, transplanting or removing any shade trees or the

9

necessary and suitable guards, curbing or grading for their

10

protection and of the replacing of pavement or sidewalk

11

necessarily disturbed in the execution of the work shall be paid

12

by the owners of the real estate abutting the location of the

13

work. In the event that the borough undertakes the work

14

described in this section, costs shall be certified, assessed

15

against the abutting owners and collected in accordance with

16

Article XXI-A.

17

Section 2720.3.  Notice of Work.--Whenever council proposes

18

to plant, transplant or remove shade trees on any street, notice

19

of the time and place of the meeting at which the work is to be

20

considered shall be given in one newspaper of general

21

circulation once a week for two weeks immediately preceding the

22

time of the meeting. The notice shall specify in detail the

23

streets or portions upon which trees are proposed to be planted,

24

transplanted or removed. In the event that a shade tree

25

commission is to undertake the work, the commission shall

26

provide the notice.

27

Section 2720.4.  Penalties.--(a)  To the extent provided by

28

ordinance, council may assess penalties for the violation of

29

regulations relating to shade trees or delegate the power to

30

assess such penalties to a shade tree commission. Any penalty so

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1

assessed shall be a lien upon the real estate of the offender

2

and may be collected as municipal claims are collected.

3

(b)  All penalties or assessments imposed under this

4

subdivision shall be paid to the borough treasurer, to be kept

5

in a separate fund and utilized only for the purposes authorized

6

by this subdivision.

7

Section 312.  Article XXVII subdivision (b) of the act is

8

amended by adding a subdivision to read:

9

(2)  Shade Tree Commission

10

Section 313.  Section 2721 of the act is amended to read:

11

Section 2721.  Shade Tree Commission.--[A borough] (a)  

12

Council by ordinance may establish a commission to be known as

13

the shade tree commission, [but in boroughs where the council

14

shall not elect by ordinance a shade tree commission council may

15

exercise all the rights and perform the duties and obligations

16

imposed by this subdivision of this article upon the shade tree

17

commission.] and delegate to the commission the exclusive care,

18

custody and control of shade trees and authorization to plant,

19

transplant, remove, maintain and protect shade trees on the

20

streets and highways in the borough. The commission may make and

21

enforce regulations for the care and protection of shade trees.

22

No regulation may be in force until it has been approved by the

23

council and enacted as an ordinance.

24

(b)  Whenever in any borough there exists a commission for

25

the care of public parks, the council may, by ordinance, confer

26

on the park commission all the powers and all the duties

27

prescribed by this article for the shade tree commission.

28

Section 314.  Section 2722 of the act, amended April 17, 2002

29

(P.L.243, No.31), is reenacted to read:

30

Section 2722.  Composition of Commission.--(a)  Except as

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1

provided in subsection (b), the commission shall be composed of

2

three residents of the borough, who shall be appointed by the

3

council and shall serve without compensation.

4

(b)  The council, by ordinance, may provide that the

5

commission be composed of five members who shall be residents of

6

the borough, shall be appointed by the council and shall serve

7

without compensation.

8

(c)  Whenever a shade tree commission of three members is

9

established by any borough, the council shall appoint one member

10

for a term of three years, one for a term of four years, and one

11

for a term of five years. On the expiration of the term of any

12

commissioner, a successor shall be appointed by the council to

13

serve for a term of five years.

14

(d)  Whenever a shade tree commission of five members is

15

established by any borough, the council shall appoint members to

16

staggered terms so that one term expires every year. On the

17

expiration of the term of any commissioner, a successor shall be

18

appointed by the council to serve for a term of five years.

19

(e)  Vacancies in the office of commissioner shall be filled

20

by the council for the unexpired term.

21

Section 315.  Sections 2723 and 2724 of the act are repealed:

22

[Section 2723.  Powers May Be Vested in Park Commission.--

23

Whenever in any borough there exists a commission for the care

24

of public parks, the council may by ordinance, confer on the

25

park commission all the powers and all the duties prescribed by

26

this article for the shade tree commission.

27

Section 2724.  Powers of Commission.--The commission shall

28

have exclusive custody and control of the shade trees in the

29

borough, and is authorized to plant, remove, maintain and

30

protect shade trees on the streets and highways in the borough.

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1

The commission may employ and pay such superintendents,

2

engineers, foresters, tree-wardens, or other assistants, as the

3

proper performance of the duties devolving upon it shall

4

require, and may make, and enforce regulations for the care and

5

protection of the shade trees of the borough. No such regulation

6

shall be in force until it has been approved by the council and

7

enacted as an ordinance.]

8

Section 316.  The act is amended by adding a section to read:

9

Section 2724.1.  Duties of Commission.--(a)  The shade tree

10

commission shall annually report in full to the council its

11

transactions and expenses for the last fiscal year of the

12

borough.

13

(b)  Whenever any shade tree commission proposes to plant,

14

transplant or remove shade trees on any street, notice of the

15

time and place of the meeting at which such work is to be

16

considered shall be given by the commission in accordance with

17

section 2720.3.

18

(c)  The commission shall each year certify to council an

19

amount needed for the care of shade trees and for the

20

publication of notices required by this subdivision. The

21

commission shall use funds appropriated or raised by taxation in

22

accordance with section 2720.1 for any purpose authorized by

23

council.

24

(d)  The commission shall ascertain and certify to council

25

and the borough treasurer the amount of any assessment imposed

26

in accordance with this subdivision for the planting,

27

transplanting or removal of plants, shrubs and trees.

28

Section 317.  Sections 2725, 2726, 2727, 2728, 2729 and 2730,

29

Article XXVII(b)(2) heading and sections 2741, 2742 and 2743 of

30

the act are repealed:

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1

[Section 2725.  Report of Commission.--The shade tree

2

commission shall annually report in full to the council its

3

transactions and expenses for the last fiscal year of the

4

borough.

5

Section 2726.  Notices by Commission.--Whenever any shade

6

tree commission proposes to plant, transplant, or remove shade

7

trees on any street, notice of the time and place of the meeting

8

at which such work is to be considered shall be given in one

9

newspaper of general circulation in the borough once a week for

10

two weeks immediately preceding the time of the meeting. The

11

notice shall specify in detail the streets or portions upon

12

which trees are proposed to be so planted, replanted, or

13

removed.

14

Section 2727.  Payment by Owners.--The cost of planting,

15

transplanting, or removing any shade trees in and along the

16

streets and highways in the borough, of the necessary and

17

suitable guards, curbing or grading for the protection thereof,

18

and of the replacing of any pavement or sidewalk necessarily

19

disturbed in the execution of such work, shall be paid by the

20

owner of the real estate abutting which the work is done.

21

The amount each owner is to pay shall be ascertained and

22

certified by the commission to council and to the borough

23

treasurer.

24

Section 2728.  Assessments; Liens.--Upon the filing of the

25

certificate with the council, the borough secretary shall cause

26

thirty days' written notice to be given to every person against

27

whose property an assessment has been made. The notice shall

28

state the amount of the assessment, and the time and place of

29

payment, and shall be accompanied with a copy of the

30

certificate.

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1

The amount assessed against the real estate shall be a lien

2

from the time of the filing of the certificate with the council,

3

and if not paid within the time designated in the notice, a

4

claim may be filed and collected by the borough solicitor in the

5

same manner as municipal claims are filed and collected.

6

Section 2729.  Maintenance by Borough; Tax Levy.--The cost

7

and expenses of caring for such trees after having been planted

8

and the expense of publishing the notice hereinbefore provided

9

for shall be paid by the borough.

10

The needed amount shall each year be certified by the

11

commission to the council and shall be drawn against, as

12

required by the commission, in the same manner as money

13

appropriated for borough purposes.

14

The council may levy a general tax, not to exceed the sum of

15

one-tenth of one mill on the dollar on the assessed valuation of

16

the property in said borough taxable for county purposes, for

17

the purpose of defraying the cost and expenses of caring for

18

such shade trees and the expense of publishing the notice; or it

19

may provide for the expense of the caring for trees already

20

planted and of publishing the notice by appropriations equal to

21

the amount certified to be required by the commission.

22

Section 2730.  Penalties.--The commission, to the extent as

23

may be provided by ordinance of the borough, may assess

24

penalties for the violation of its regulations and of this

25

article so far as it relates to shade trees. Any penalty so

26

assessed shall be a lien upon the real estate of the offender

27

and may be collected as municipal claims are collected.

28

All penalties or assessments imposed under this article shall

29

be paid to the borough treasurer, to be placed to the credit of

30

the commission, subject to be drawn upon by the commission for

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1

the purposes of the preceding sections of this subdivision of

2

this article.

3

(2)  Power of Boroughs as to Shade Trees

4

Section 2741.  Ordinances to Require Planting and

5

Replanting.--Any borough may, by ordinance, upon the petition of

6

a majority of the property owners upon any public street

7

thereof, require the planting and replanting of suitable shade

8

trees along and upon the sides of such streets, upon such

9

alignment and at such points as may be designated by such

10

ordinance, by the owners of property abutting the street at the

11

points designated. This section shall not authorize any borough

12

to require the planting or replanting of trees at any point

13

which may interfere with the necessary or reasonable use of any

14

street or abutting property or unreasonably interfere with any

15

business conducted thereon.

16

Section 2742.  Power of Borough Where Owners Fail to

17

Comply.--On failure of any owner, after reasonable notice, to

18

comply with the terms of any such ordinance, the borough may

19

cause such trees to be planted or replanted at the expense of

20

the borough, and thereupon, in the name of the borough, collect

21

the cost of such work from the owners in default, as debts of

22

like amount are by law collectible.

23

Section 2743.  Removal of Diseased Plants, Shrubs and

24

Trees.--The commission may upon such notice as may be provided

25

by ordinance, require owners of property to cut and remove

26

plants, shrubs and trees, afflicted with the Dutch elm or other

27

disease, which threatens to injure or destroy plants, shrubs and

28

shade trees, in the borough under regulations prescribed by

29

ordinance. Upon failure of any such owner to comply with such

30

notice, the borough may cause the work to be done by the

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1

borough, and levy and collect the cost thereof from the owner of

2

the property. The cost of such work shall be a lien upon the

3

premises from the time of the commencement of the work, which

4

date shall be fixed by the borough engineer and shall be filed

5

with the borough secretary. Any such lien may be collected by

6

action in assumpsit or by lien filed in the manner provided by

7

law for the filing and collection of municipal claims.]

8

Section 318.  Article XVII subdivision (c) heading of the act

9

is reenacted to read:

10

(c)  Forests

11

Section 319.  Section 2751 of the act is amended to read:

12

Section 2751.  Acquisition of Land for Forest Purposes.--Any

13

borough may acquire, by purchase, gift, or lease, and hold

14

tracts of land covered with forest or tree growth or suitable

15

for the growth of trees, and administer the same[, under the

16

direction of the Department of Forests and Waters,] in

17

accordance with the practices and principles of scientific

18

forestry, for the benefit of the borough. Such tracts may be of

19

any size suitable for the purpose and may be located within or

20

without the borough limits.

21

Section 320.  Section 2752 of the act is repealed:

22

[Section 2752.  Approval of Department of Forests and

23

Waters.--Before the passage of any ordinance for the acquisition

24

of land to be used as a municipal forest, the borough shall

25

submit to the Department of Forests and Waters, and secure its

26

approval of, the area and location of such land.]

27

Section 320.1.  section 2753 of the act is reenacted to read:

28

Section 2753.  Ordinance Declaring Intention.--Whenever the

29

council of any borough deems it expedient to acquire any land

30

for the purposes of municipal forests, it shall so declare in an

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1

ordinance wherein shall be set forth all facts and conditions

2

relating to the proposed action.

3

Section 321.  Sections 2754, 2755, 2756 and 2757 of the act

4

are amended to read:

5

Section 2754.  Appropriations of Money.--All moneys necessary

6

for the purchase of such tracts shall be appropriated in the

7

same manner as appropriations for borough purposes, and [such] 

8

the funds may be provided from the current revenue or by the

9

proceeds of a sale of general obligation bonds in accordance

10

with existing law.

11

Section 2755.  Rules and Regulations.--Upon the acquisition

12

of any municipal forest or land suitable [therefor] for

13

municipal forests, the council [shall notify the Department of

14

Forests and Waters, which shall] may make [such] rules for the

15

government and proper administration of the same as may be

16

deemed necessary[, and the council shall publish such rules,

17

declare the uses of the forest in accordance with the intent of

18

this subdivision of this article, and make such provision for

19

its administration, maintenance, protection and development as

20

shall be necessary or expedient]. The rules governing the

21

administration of [such] the forest shall have for their main

22

purpose the [producing of a] production of continuing borough

23

revenue by the sale of forest products.

24

Section 2756.  Appropriations and Revenues.--All moneys

25

necessary to be expended for the administration, maintenance,

26

protection and development of [such] forests, shall be

27

appropriated and applied as is now done for borough purposes[;]. 

28

[all] All revenue and emoluments arising from [such] the forests

29

shall be paid into the borough treasury to be used for general

30

borough purposes.

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1

Section 2757.  Use of Forests.--Municipal forests may be used

2

by the public as general outing or recreation grounds subject to

3

the rules [of the Department of Forests and Waters governing

4

their administration as municipal forests and rules] adopted by

5

the council [of the borough not inconsistent with law or the

6

regulations of the department].

7

Section 322.  Section 2758 of the act is reenacted to read:

8

Section 2758.  Ordinance of Sale.--Whenever the council of

9

any borough deems it expedient to sell or lease any municipal

10

forest or part thereof, or products therefrom, it shall so

11

declare in an ordinance wherein shall be set forth all the facts

12

and conditions relating to the proposed action. No ordinance for

13

the sale of a municipal forest, or part thereof, shall be

14

enacted until the provisions of this act relative to the sale of

15

borough-owned real estate have been complied with.

16

Section 323.  Section 2759 of the act is amended to read:

17

Section 2759.  Pruning or Thinning Out; Sale of Products

18

Thereof.--In order to comply with the practices and principles

19

of scientific forestry, the council, by resolution, shall have

20

the power to prune or thin out any municipal forest or portion

21

[thereof] of a municipal forest, and shall have the right to

22

sell the products of [such] the pruning or thinning out without

23

complying with the provisions of this act relative to

24

advertising and bidding. In doing so, the borough may either use

25

its own personnel or hire or contract with skilled personnel,

26

and in [such] the hiring or contracting, council shall not be

27

required to obtain bids or to advertise.

28

Section 324.  Article XXVIII heading of the act is reenacted

29

to read:

30

ARTICLE XXVIII

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1

CEMETERIES

2

Section 325.  The act is amended by adding sections to read:

3

Section 2800.  Appropriations for Burial Ground

4

Maintenance.--Any borough may appropriate annually, out of the

5

general funds of the borough, a sum for the care, upkeep,

6

maintenance and beautifying of cemeteries, burial grounds and

7

private roads in or leading to those areas, lying wholly or

8

partly within the boundary limits of the borough or in the

9

territory immediately adjacent to the borough.

10

Section 2800.1.  Burial of Deceased Persons.--Any borough may

11

prohibit, within the borough limits, or within any described

12

territory within the limits, the burial or interment of deceased

13

persons.

14

Section 326.  Sections 2801 and 2802 of the act are amended

15

to read:

16

Section 2801.  Management by Commission[; Transfer from

17

Borough to Company].--When the title and management of any

18

cemetery is vested in a borough, the council of [such] the 

19

borough may [in its discretion], by ordinance, vest the care,

20

management and operation of [such] the cemetery in a commission

21

of three citizens to be appointed by the council[, such care,

22

management and operation, and the terms of the commissioners to

23

be as provided in the ordinance establishing such cemetery

24

commission. Upon petition of at least ten lot owners in such

25

cemetery, the council may, in its discretion, transfer such

26

cemetery and the management thereof to an incorporated cemetery

27

company in the manner hereinafter provided]. The ordinance shall

28

provide for the terms of the cemetery commissioners.

29

Section 2802.  [Vesting Title.--] Transfer from Borough to

30

Company.--(a)  Upon petition of at least ten per centum of

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1

living cemetery lot owners, the council may, in its discretion,

2

transfer the cemetery and the management thereof to an

3

incorporated cemetery company.

4

(b)  Upon the presentation to council of [such] the petition,

5

the council may enact an ordinance declaring that, upon the

6

acceptance of the provisions of [such] the ordinance by the

7

incorporated cemetery company, filed with the borough secretary,

8

the title and control of [such] the cemetery shall vest in

9

[such] the incorporated cemetery company.

10

(c)  A copy of the ordinance and the acceptance thereof,

11

certified by the borough secretary, shall be recorded in the

12

office of the recorder of deeds of the county.

13

Section 327.  Sections 2803 and 2804 of the act are repealed:

14

[Section 2803.  Recording of Ordinance and Acceptance.--A

15

copy of the ordinance and the acceptance thereof, certified by

16

the borough secretary, shall be recorded in the office of the

17

recorder of deeds of the county.

18

Section 2804.  Orders of Court as to Neglected Cemeteries.--

19

(a)  Authority is vested in the court of quarter sessions to

20

make such orders for the regulation of cemeteries, situated in

21

or adjacent to boroughs, as the public good shall require; and

22

when any cemetery shall become so neglected as, in the opinion

23

of the court, to become a public nuisance, the court may direct

24

the removal of the dead therefrom by the borough authorities to

25

some other cemetery.

26

(b)  When any cemetery situated in a borough shall become so

27

neglected as, in the opinion of the court of quarter sessions,

28

to become a public nuisance, such court, upon petition of the

29

borough council and after such notice as is required in

30

subsection (c) of this section, may authorize the borough

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1

without the removal of any dead from the cemetery to improve and

2

maintain the cemetery by the restoration, improvement or removal

3

of some or all of the gravestones, posts, railings, fences or

4

other structures and improvements. If the court authorizes the

5

removal of gravestones, it shall direct the borough to erect and

6

maintain at a prominent location in the cemetery a suitable

7

memorial of stone, bronze or similar material having inscribed

8

thereon the available names and dates of all persons in the

9

cemetery the gravestones for whom have been authorized to be

10

removed. The petition filed by the council shall include such

11

facts as to the ownership of the cemetery as are known to the

12

borough and shall set forth the proposed plans of the borough

13

for the improvement of the cemetery including, if it proposes to

14

remove the gravestones, a description of the memorial it intends

15

to erect.

16

(c)  Whenever the council shall file a petition as

17

hereinbefore provided, the court shall direct such notice of the

18

filing of the petition to be given in such manner as it shall

19

deem appropriate and shall afford the owner or owners of the

20

cemetery or the owners of any burial rights therein, if any

21

appear, an opportunity to be heard before making an order

22

authorizing the borough to improve and maintain the burial

23

ground.]

24

Section 328.  Section 2805 of the act is amended to read:

25

Section 2805.  Transfer from Company to Borough.--(a)  Upon

26

the petition of any incorporated cemetery company and the owners

27

of a majority of the taxable real estate in any borough, the

28

court of [quarter sessions] common pleas may authorize the

29

transfer of any cemetery to any borough in which [such] the 

30

cemetery may be located or [be adjacent thereto.] which is

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1

adjacent to the borough. A copy of the court order authorizing

2

the transfer shall be filed with the recorder of deeds.

3

(b)  The transfer shall be made without cost to the borough

4

and upon being made the borough shall exercise the powers and

5

privileges of the incorporated company, and may purchase land

6

within or adjacent to the borough limits, not to exceed thirty

7

acres, for the extension of the cemetery, and may raise the

8

means to pay for the same, by the sale of lots or otherwise, but

9

in no event by taxation. The borough may lay out lots so

10

purchased and alter the original plot of the cemetery, and may

11

dispose of such grounds in the same manner as the incorporated

12

company could have done.

13

(c)  A deed for any lot, made by the borough, shall be of the

14

same validity as the deed of the incorporated cemetery company

15

and the borough may make deeds to those who theretofore

16

purchased lots, but had not been furnished with deeds by the

17

cemetery company.

18

Section 329.  The act is amended by adding a section to read:

19

Section 2805.1. Neglected or Abandoned Cemeteries.--Borough

20

council shall have the power to direct the removal of weeds,

21

refuse and debris from an abandoned or neglected cemetery. To

22

exercise this power, council shall give personal notice to the

23

owner, if known, directing the removal of weeds, refuse and

24

debris from the cemetery within thirty days from the giving of

25

personal notice. Personal notice shall be by any of the

26

following means: (1) personal service on the owner, (2)

27

certified mail, addressee only, return receipt requested, to the

28

owner at the owner's last known address, or (3) posting notice

29

at or upon the property after reasonable attempts to give

30

personal notice pursuant to (1) or (2) has failed. If the

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1

removal is not completed within thirty days after personal

2

notice was effected, borough council shall provide for the

3

removal to be done by employes of the borough or persons hired

4

for that purpose at the expense of the borough. The costs of

5

removal shall be assessed against the owner of the cemetery, if

6

known, and collected pursuant to Article XXI-A.

7

Section 330.  Sections 2806 and 2807 of the act are repealed:

8

[Section 2806.  Powers of Borough.--Such transfer shall be

9

made without cost to the borough and upon being made the borough

10

shall exercise the powers and privileges of such incorporated

11

company, and may purchase land within or beyond the borough

12

limits, not to exceed thirty acres, for the extension of such

13

cemetery, and may raise the means to pay for the same, by the

14

sale of lots or otherwise, but in no event by taxation; the

15

borough may lay out lots so purchased and alter the original

16

plot of such cemetery, and may dispose of such grounds in the

17

same manner as such incorporated company could have done.

18

Section 2807.  Deeds to Lots.--A deed for any lot, made by

19

the borough, shall be of the same validity as the deed of such

20

incorporated cemetery company; and the borough is authorized to

21

make deeds to those who theretofore purchased lots, but had not

22

been furnished with deeds by the cemetery company.]

23

Section 331.  Sections 2808 and 2809 of the act are amended

24

to read:

25

Section 2808.  Removing Bodies to Alter Plots.--In altering

26

the plot of any [such] cemetery, the bodies may be removed and

27

reinterred in a suitable place, but without cost to surviving

28

relatives.

29

Section 2809.  Removal of Bodies to Other [Cemeteries.--

30

Whenever any cemetery privately owned and in charge of no

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1

person, or any cemetery in charge of any religious society or

2

church, has ceased to be used for interments, or has become so

3

neglected as to become a public nuisance; or when such cemetery

4

hinders the improvement and progressive interests of any

5

borough, or is desired by the borough as a site for any free

6

public library building, or for any other public purpose, the

7

court of quarter sessions of the county, upon petition of the

8

managers of such cemetery; or upon the petition of fifty

9

residents in the vicinity in case such cemetery is not in charge

10

of anyone, setting forth that the improvements and progressive

11

interests of such borough are hampered and the welfare of such

12

borough is injured; or upon the petition of such borough setting

13

forth that such cemetery is desired by the borough for the

14

erection thereon of a free public library building, or for use

15

as a recreation place, or the opening, laying out or extension

16

through said land of any street, or for any other public

17

purpose; and after three successive weeks of advertisement in a

18

newspaper of general circulation in the borough may direct the

19

removal of the remains of the dead from such cemetery.] 

20

Cemeteries.--(a)  The court of common pleas may, upon petition

21

and notice as set forth in this section, direct the removal of

22

the remains of the dead from a privately owned cemetery,

23

borough-owned cemetery, any cemetery affiliated with any

24

religious society or church or with any other organization, when

25

the cemetery has ceased to be used for interments, or has become

26

so neglected as to become a public nuisance, or when the

27

cemetery hinders the improvement and progressive interests of

28

the borough, or is desired by the borough as a site for any

29

public purpose.

30

(b)  The petition to the court for the removal of the remains

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1

of the dead shall be made in accordance with any of the

2

following:

3

(1)  The managers of the cemetery in charge of a religious

4

society or church or any other organization, but only in

5

pursuance of the wishes of a majority of the members of the

6

society or church or any other organization, expressed at a

7

meeting held for that purpose after two weeks' public notice.

8

The managers' petition shall set forth that the cemetery has

9

ceased to be used for interments.

10

(2)  Approval of fifty residents of the borough if the

11

cemetery is not in charge of anyone, setting forth that the

12

improvements and progressive interests of the borough are

13

hampered and the welfare of the borough is injured by the

14

presence of the cemetery.

15

(3)  Borough council setting forth that the cemetery has

16

become so neglected as to become a public nuisance, or that the

17

improvements and progressive interests of the borough are

18

hampered and the welfare of the borough is injured by the

19

presence of the cemetery, or that the land is desired for a

20

public purpose.

21

(c)  Prior to the court authorizing the removal of the

22

remains of the dead from a cemetery, notice shall be given by

23

advertisement in a newspaper of general circulation once a week

24

for three successive weeks.

25

(d)  The removal shall be made by the managers of the

26

cemetery, or by the borough when the cemetery is in charge of no

27

one or is a borough-owned cemetery, in a careful manner, at the

28

expense of the party making the removal, to another cemetery as

29

may be selected, or if so desired by relatives or other

30

interested parties, to some cemetery in the vicinity.

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1

(e)  Relatives or other interested parties of the dead may

2

remove the remains, at any time during the proceedings, at their

3

own expense, before removal by the managers or the borough.

4

(f)  All bodies, when so removed, shall be placed in separate

5

caskets and graves, and the markers placed over the remains of

6

the bodies shall be taken by the persons authorized to make the

7

removal, and placed as near as can be in the same relative

8

position as before removal.

9

(g)  After the removal of all dead bodies from any such

10

cemetery, the land shall cease to be a cemetery or burial

11

ground, and may be acquired by the borough as other real estate

12

is acquired for borough purposes.

13

Section 332.  Sections 2810, 2811, 2812, 2813, 2814 and 2815

14

of the act are repealed:

15

[Section 2810.  Applications for Removal.--No application, as

16

provided in the preceding section, shall be made by the managers

17

of any cemetery, in charge of any society or church, except in

18

pursuance of the wishes of a majority of the members of such

19

society or church, expressed at a meeting held for that purpose

20

after two weeks' public notice.

21

Section 2811.  Removals; How Made.--Such removal shall be

22

made by the managers of such cemetery, or by the borough when

23

such cemetery is in charge of no one, in a careful manner, at

24

the expense of the party making such removal, to such other

25

cemetery as may be selected; or if so desired by relatives or

26

friends, to some cemetery in the vicinity.

27

Section 2812.  Notice of Removal.--The parties making such

28

removal shall publish, for two successive weeks, in a newspaper

29

of general circulation in the borough, a notice declaring their

30

intention to remove such remains.

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1

Section 2813.  Removal by Relatives and Friends.--Relatives

2

and friends of such dead may remove such remains, at any time

3

during such proceedings, at their own expense, before removal by

4

the managers.

5

Section 2814.  Care in Removal.--All bodies, when so removed,

6

shall be placed in separate caskets and graves, and the markers

7

placed over the remains of such bodies shall be taken by the

8

persons authorized to make such removal, and placed as near as

9

can be in the same relative position as before removal.

10

Section 2815.  Right to Use Property From Which Bodies

11

Removed.--After the removal of all dead bodies from any such

12

cemetery, the said land shall cease to be a cemetery or burial

13

ground for all and any purpose whatsoever; and may be acquired

14

by the borough as other real estate is acquired for borough

15

purposes.]

16

Section 333.  Section 2816 of the act, amended October 4,

17

1978 (P.L.962, No.189), is amended to read:

18

Section 2816.  Purchase of Plots for Burial of Deceased

19

Service Persons.--Any borough may purchase plots of ground, in

20

any cemetery or burial ground within its limits, for the

21

interment of [such] deceased members of the armed forces, as

22

have [heretofore] died before or shall [hereafter] die later 

23

within [such] the borough, or shall die beyond [such] the 

24

borough and shall have a legal residence within the borough at

25

the time of their death, and whose bodies are entitled to be

26

buried by the county under the provisions of existing law.

27

[Such] The plots of ground shall be paid for out of the treasury

28

of [such] the borough.

29

Section 334.  Article XXIX heading of the act is reenacted to

30

read:

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1

ARTICLE XXIX

2

LICENSES AND LICENSE FEES

3

Section 335.  Sections 2901 and 2902 of the act are amended

4

to read:

5

Section 2901.  Licensing Transient Retail Business.--[Every

6

borough shall have power] (a)  Any borough may, by ordinance,

7

[to] regulate and license [each and every person, firm or

8

corporation] transient merchants engaged in any transient retail

9

business[,] within [such] the borough[,]. Transient merchants

10

shall include any person, partnership or corporation engaged in

11

any transient retail business for the sale of goods, wares, or

12

merchandise, whether [such] the business [shall be] is conducted

13

from a fixed location within the borough or by any person or

14

persons engaged in peddling, soliciting, or taking of orders

15

from house to house[, and to]. The ordinance may prohibit the

16

commencement or doing of any [such] transient retail business

17

[or] unless the license required by [such] the ordinance has

18

been procured from the proper authorities by the person, firm,

19

or corporation desiring to commence [such] the transient retail

20

business[, and to enforce such ordinances]. The ordinance may

21

provide for enforcement by penalties or [by] other appropriate

22

means. The amount of any [such] license fee shall bear a

23

reasonable relationship to the cost of administering [such] the 

24

ordinance and regulating[, investigating,] and inspecting [and

25

supervising such] the transient retail business.

26

(b)  No license fee shall be charged under this section to

27

the following transient merchants, unless such transient

28

merchant is also selling other goods, wares and merchandise not

29

excepted:

30

(i) [to farmers] Farmers selling their own produce[,].

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1

(ii) [for the sale of] Persons selling goods, wares and

2

merchandise[, donated by the owners thereof,] if the proceeds

3

[whereof] of the sale are to be applied to any charitable or

4

philanthropic purpose[, or].

5

(iii) [to any manufacturer or producer] Manufacturers or

6

producers in the sale of bread and bakery products, meat and

7

meat products, or milk [or] and milk products, [but the] 

8

provided that milk and milk products shall not include or apply

9

to ice cream or other frozen desserts.

10

(c)  The ordinance may require [any person, partnership, firm

11

or corporation in any or all of these excepted categories to] 

12

that the transient merchants excepted from payment of a license

13

fee in subsection (b) must register with the borough[,] and

14

otherwise be subject to all other provisions of the ordinance

15

[except those pertaining to the payment of license fees:

16

Provided, the term "milk or milk products" shall not include or

17

apply to ice cream or other frozen desserts: And provided

18

further, That any transient retail business dealing in one or

19

more of the excepted categories and selling other goods, wares

20

and merchandise not excepted shall be subject to the license fee

21

fixed by the ordinance for its activities in connection with the

22

sale of goods, wares and merchandise not in any of the excepted

23

categories].

24

Section 2902.  Commonwealth Licenses Saved.--Nothing

25

contained in [section 2901 of this act] this article shall be

26

construed to relieve any person, partnership, or corporation

27

from the duty of taking out a license, or from the payment of

28

any license tax or fee imposed or authorized by any other

29

statute of this Commonwealth, nor shall any Commonwealth license

30

tax or fee preempt the registration, license, or regulatory

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1

powers of a borough in accordance with this article, unless the

2

preemption is expressly authorized.

3

Section 336.  Section 2903 of the act, amended October 5,

4

1979 (P.L.197, No.66), is amended to read:

5

Section 2903.  Licensing Parking Lots and Parking Garages 

6

Operated for Profit.--Any borough may, by ordinance, regulate

7

the business of operating parking lots or parking garages for

8

profit within the borough and may require such lots or garages 

9

to reserve areas exclusively for parking by handicapped

10

individuals. Ordinances shall be consistent with 75 Pa.C.S.

11

(relating to vehicles). Nothing in this section may be construed

12

to limit the protections and prohibitions contained in any law

13

or regulation relating to the rights of the disabled. License or

14

permit fees may be charged and collected from the operators of

15

[such] the parking lots or parking garages. Any borough adopting

16

such a regulatory plan shall require from each operator of

17

[such] a parking lot or parking garage a bond to be approved by

18

council for the protection of the public from loss of or damage

19

to vehicles parked, stored or placed under the jurisdiction of

20

[such] a parking lot or parking garage operator[: Provided,

21

That], provided that nothing in this section shall apply to

22

parking lots or parking garages operated by a municipal

23

authority or a parking authority.

24

Section 337.  Sections 2904 and 2905 of the act are amended

25

to read:

26

Section 2904.  Persons Taking Orders by Samples.--It shall be

27

unlawful for any borough to impose, levy or collect any license

28

fee or mercantile tax upon any persons taking orders for

29

merchandise by sample, from dealers or merchants[,] for

30

individuals or companies who pay a license fee or mercantile tax

- 457 -

 


1

at their chief places of business. Nothing in this section shall

2

authorize any such person, firm or corporation to sell by retail

3

to others than dealers or merchants without payment of a license

4

or permit fee.

5

Section 2905.  Equality of Residents and Non-Residents.--It

6

shall be unlawful for any borough to impose, by ordinance, [or

7

exact] or collect under the provisions of any ordinance

8

[heretofore or hereafter enacted], any license [tax or] fee upon

9

or from any manufacturer, or the agent, representative or

10

employe of any manufacturer who is a resident of the

11

Commonwealth, for soliciting orders for, or for selling, any

12

goods, merchandise or wares manufactured within this

13

Commonwealth, that is not or cannot legally be imposed upon, [or

14

exacted,] or collected from, any manufacturer or dealer, or the

15

agent, representative, or employe of any manufacturer, who is a

16

non-resident of the Commonwealth, for soliciting orders for or

17

for selling any goods, merchandise, or wares manufactured

18

[without the] outside this Commonwealth.

19

Section 338.  Section 2906 of the act is reenacted to read:

20

Section 2906.  Insurance Business.--It shall be unlawful for

21

any borough to impose or collect any license fee upon any

22

insurance company or its agents, or insurance broker, authorized

23

to transact business under the laws of the Commonwealth.

24

Section 339.  The act is amended by adding an article to

25

read:

26

ARTICLE XXIX-A

27

VETERANS' AFFAIRS

28

(a)  Pennsylvania National Guard

29

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

30

Borough council may take, by right of eminent domain, for the

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1

purpose of appropriating to the borough for the use of the

2

Pennsylvania National Guard, public lands, easements and public

3

property, as may be in its possession or control and used or

4

held by the borough for any other purpose. The right, however,

5

shall not be exercised as to any street or wharf.

6

Section 2902-A.  Lands for armory purposes.

7

Borough council may acquire, by purchase or by gift or by the

8

right of eminent domain, any land for the use of the

9

Pennsylvania National Guard, to convey the lands so acquired to

10

the Commonwealth in order to assist the State Armory Board in

11

the erection of armories. The power conferred by this section

12

shall not be exercised to take any church property, graveyard,

13

cemetery or any dwelling-house or the curtilage of the same in

14

the actual occupancy of the owner.

15

Section 2903-A.  Appropriation to assist in erection of

16

armories.

17

Borough council may appropriate money or convey land, either

18

independently or in conjunction with any municipality for the

19

purpose of assisting the State Armory Board in the erection of

20

armories for the use of the Pennsylvania National Guard and to

21

furnish water, sewer service, light or fuel, free of cost, to

22

the Commonwealth for use in any armory of the Pennsylvania

23

National Guard, and to do all things necessary to accomplish the

24

purpose of this section.

25

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

26

Borough council may appropriate annually a sum to be used and

27

expended exclusively for the support and maintenance, discipline

28

and training of any company, battalion, regiment or similar unit

29

of the Pennsylvania National Guard. Where the units are

30

organized as a company, battalion, regiment or similar

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1

organization, the total amount due may be paid to the commanding

2

officer of the company, battalion, regiment or similar

3

organization. Any moneys so appropriated shall be paid by

4

warrant drawn to the order of the commanding officer of the

5

company, battalion, regiment or similar organization, only when

6

it shall be certified to the borough, by the Adjutant General,

7

that the company or companies have satisfactorily passed the

8

annual inspection provided by law. The commanding officer shall

9

account, by proper vouchers to the borough each year, for the

10

expenditure of the money appropriated, and no appropriation

11

shall be made for any subsequent year until the expenditure of

12

the previous year is duly and satisfactorily accounted for. The

13

accounts of the expenditures shall be subject to the inspection

14

of the Department of Military and Veterans Affairs, and shall be

15

audited by the Auditor General in the manner provided by law for

16

the audit of accounts of State moneys.

17

(b)  Support of Veterans' Organizations

18

Section 2911-A.  Appropriations to organizations of veterans and

19

American Gold Star Mothers.

20

Borough council may appropriate annually a sum to be divided

21

in amounts as council deems proper to organizations composed of

22

veterans of any war in which the United States was engaged or

23

the American Gold Star Mothers' Organization, to aid in

24

defraying the expenses of Memorial Day, Veterans' Day or any

25

similar day hereafter provided for by Federal or State law. The

26

payments shall be made to defray actual expenses only. Before

27

any payment is made, the organization receiving the

28

appropriation shall submit verified accounts of its

29

expenditures.

30

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

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1

Borough council may appropriate annually a sum as council

2

deems proper to incorporated organizations of American veterans

3

of any war in which the United States was engaged, to be used in

4

the payment of the rent of any building or room or rooms in

5

which the post, branch, camp, detachment or lodge has its

6

regular meetings.

7

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

8

organizations.

9

Borough council may furnish without charge to each

10

organization composed of American veterans of any war in which

11

the United States was engaged and children of such veterans, a

12

room or rooms in any public building of the borough.

13

Section 2914-A.  Care and erection of memorials.

14

Borough council may take charge of, care for, maintain and

15

keep in good order and repair, at the expense of the borough,

16

any soldiers' monument, gun or carriage or similar memorial

17

situated in the borough, and not in the charge or care of any

18

person, body or organization, and not put up or placed by the

19

Government of the United States, the Commonwealth of

20

Pennsylvania, or the commissioners of the county, or by the

21

direction or authority of any other state. Borough council may

22

also receive and expend any moneys or funds from any person or

23

organization to be used for the maintenance of the memorials.

24

Additionally, borough council may contribute to the erection of

25

memorials in honor of those who served in any war in which the

26

United States was engaged and thereafter to properly and

27

adequately maintain the same.

28

Section 340.  Article XXX heading and sections 3001, 3002,

29

3003, 3004 and 3005 of the act are repealed:

30

[ARTICLE XXX

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1

REAL ESTATE REGISTRY

2

Section 3001.  Real Estate Registry Established.--For the

3

purpose of procuring accurate information in reference to the

4

ownership of real estate the council of any borough may provide

5

by ordinance for a registry thereof.

6

Section 3002.  Maintenance of Real Estate Registry.--The

7

borough council in any borough in which a registry shall be

8

established shall appoint or designate any officer of the

9

borough or any other person to have charge of the real estate

10

registry, who shall, under the direction of the council, cause

11

to be made all necessary books, maps and plans, as will show the

12

situation and dimensions of each property thereon; which books,

13

maps, or plans shall be so prepared as to show the location and

14

the name of the owner or owners thereof, with blank spaces for

15

the name of the owner of each lot, and with provision for the

16

names of future owners and the dates of future transfers of

17

title.

18

Section 3003.  Access to Public Records.--For the purpose of

19

establishing such registry, the person in charge of the real

20

estate registry of any borough shall have access without charge

21

to any public records wherein the necessary information may be

22

obtainable, and may also cause a search to be made in other

23

places for any muniments or evidences of title, not reported to

24

him as herein provided, and requisite for the completion of such

25

books, maps, or plans.

26

Section 3004.  Keeping of Records.--The registry, books, maps

27

and plans shall be carefully preserved, and shall be so kept, by

28

additions from time to time, as to show the ownership of every

29

lot, or piece of real estate, or subdivision thereof, within the

30

limits of the borough, with the succeeding transmissions of

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1

title from the time of the commencement of such plans, but

2

nothing contained therein shall, at any time, invalidate any

3

municipal or tax claim by reason of the fact that the same is

4

not assessed or levied against the registered owner.

5

Section 3005.  Duties of Owners of Real Estate.--It shall be

6

the duty of all owners of real estate within the limits of the

7

borough, within one month after the date of the enactment of any

8

ordinance establishing such registry, and of every subsequent

9

purchaser, devise, or other owner, within one month after

10

acquiring title in any manner whatsoever to any real estate in

11

such borough, to furnish to the person in charge of the real

12

estate registry, at his office, descriptions of their respective

13

properties upon blanks to be furnished by the borough, and at

14

the same time to present their conveyances to be stamped as

15

evidence of the registry thereof.]

16

Section 341.  Section 3006 of the act, amended October 9,

17

1967 (P.L.360, No.158), is repealed:

18

[Section 3006.  Registry Required Before Recording.--The

19

sheriffs of the respective counties in which any such borough is

20

situated shall present for registry the deeds of all properties

21

within such borough sold by them at judicial sales; and the

22

recorders of deeds of such counties shall not admit for record

23

any deed of any property in such borough, bearing dates

24

subsequent to the enactment of an ordinance providing for the

25

establishment of such registry, unless the same shall first have

26

been duly stamped as herein provided.]

27

Section 342.  Article XXXI heading of the act is reenacted to

28

read:

29

ARTICLE XXXI

30

HEALTH AND SANITATION

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1

Section 343.  Sections 3101 and 3102 of the act are amended

2

to read:

3

Section 3101.  Establishment of Board of Health; Health

4

Officers.--[The administration of the health laws and ordinances

5

in boroughs shall be enforced by a board of health, or by a

6

health officer or officers, as the case may be, appointed by the

7

borough council.

8

Where the borough council elects to appoint a health officer

9

or officers the said health officer or officers] (a)  Borough

10

council may, by ordinance, appoint a board of health, or a

11

health officer or officers in lieu of a board of health, to

12

administer and enforce the health laws and related ordinances of

13

the borough. Health officers appointed by borough council shall

14

have the same powers and duties, and exercise the same

15

authority, as is prescribed for boards of health in boroughs.

16

All health officers, whether appointed by boards of health

17

pursuant to section 3106(b) or by the borough council, shall

18

have had some experience or training in public health work [in

19

accordance with rules and regulations established by the

20

Advisory Health Board of the State] and shall be, or within six

21

months of taking the oath of office, shall become certified for

22

the office of health officer by the Department of Health. [Such

23

health officers shall not enter upon the performance of their

24

duties until they are certified so to do by the State Department

25

of Health.]

26

(b)  All expenses incurred by the board of health, its

27

officers or employes in the performance of the duties required

28

by law or by ordinance, shall be paid by the borough where the

29

duties are performed, in the same manner as other expenses of

30

the borough are paid.

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1

(c)  A borough may, by ordinance, dissolve a board of health

2

and decide to become subject to the jurisdiction of a county

3

department of health or joint county department of health in

4

accordance with the act of August 24, 1951 (P.L.1304, No.315),

5

known as the "Local Health Administration Law."

6

Section 3102.  Members of Board of Health.--(a)  Where the

7

borough council decides to appoint a board of health [such], the 

8

board shall be composed of three or five members, appointed by

9

borough council, at least one of whom shall be a [physician] 

10

professional health care provider of not less than two years'

11

experience in the practice of [his] the respective profession.

12

[The members of the board shall be appointed by the borough

13

council.] If no professional health care provider can be

14

identified to serve on the board, council may, instead, appoint

15

an individual who has experience in or is knowledgeable of

16

public health issues. At the first appointment one member shall

17

be appointed to serve for one year, one for two years, one for

18

three years, and, in the case of boards with five members, one

19

for four years, and one for five years; and thereafter one

20

member shall, in like manner, be appointed each year to serve

21

for three years or, in the case of boards with five members,

22

five years. The members of the board of health shall serve

23

without compensation, but if any member of the board shall be

24

elected to the office of secretary of the board of health, [he] 

25

the member shall be entitled to receive a salary fixed by the

26

board for that office.

27

(b)  "Professional health care provider" as described in this

28

section shall mean an individual who is approved, licensed,

29

certified or otherwise regulated to practice or operate in the

30

health care field under the laws of this Commonwealth,

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1

including, but not limited to, a physician, a dentist, a

2

podiatrist, a chiropractor, an optometrist, a psychologist, a

3

pharmacist, a registered or practical nurse, a physical

4

therapist, a physician's assistant, a paramedic, an

5

administrator of a hospital, nursing or convalescent home or

6

other health care facility or individuals licensed to practice

7

veterinary medicine under the laws of this Commonwealth.

8

Section 344.  Section 3103 of the act, amended June 25, 2001

9

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

10

Section 3103.  Oaths of Members, Secretary and Health

11

Officer; Organization; Bonds.--The members of the board shall

12

severally take and subscribe to the oath prescribed for borough

13

members of council [together with such loyalty oath as is

14

prescribed and required by law;] and shall annually organize by

15

electing a president from among the members of the board, a

16

secretary who may or may not be a member of the board, and a

17

health officer. The secretary and the health officer shall

18

receive such salary as may be fixed by the board, and ratified

19

by the borough council, and shall serve [for a period] until

20

such time as their successors may be elected and qualified. If

21

the borough council shall so require, they shall severally give

22

bond to the borough in such sums as council shall prescribe for

23

the faithful discharge of their duties. They shall take and

24

subscribe to the oaths required of members of the board.

25

Section 345.  Sections 3104, 3105, 3106, 3107, 3108, 3109,

26

3110 and 3111 of the act are amended to read:

27

Section 3104.  Duties of Secretary.--The secretary of the

28

board shall [keep]:

29

(1)  Keep and maintain, in accordance with 53 Pa.C.S. Ch. 13

30

Subch. F (relating to municipal records), the minutes of the

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1

proceedings of the board[; shall] and keep accurate accounts of

2

the expenditures of the board[; shall draw].

3

(2)  Draw all requisitions for the payment of moneys on

4

account of the board of health from appropriations made by the

5

borough council [of] to the board, and [shall] present the same

6

to the president of the board for [his] the president's 

7

approval[; shall render].

8

(3)  Render statements of the expenditures to the board at

9

each stated meeting, or as frequently as the board may require[;

10

shall prepare,].

11

(4)  Prepare, under the directions of the board, the annual

12

report to the borough council together with the estimate of

13

appropriation needed for the ensuing year. [He shall report]

14

(5)  Report to the State Department of Health at such

15

intervals as shall be specified by [the State] law or

16

regulation, the cases of communicable disease reported to the

17

board of health, on the form provided for that purpose by [such] 

18

the department[;] and [shall also] make an annual report to

19

[such] the department[; and shall make].

20

(6)  Make such other reports and perform such other duties as

21

the board may require.

22

Section 3105.  Powers and Duties of Health Officer.--It shall

23

be the duty of the health officer to attend all [stated] regular 

24

and special meetings of the board of health, and at all times be

25

ready and available for the prompt performance of [his] the

26

officer's official duties[. He shall perform], including such

27

duties as are vested in local health officers by State laws and

28

regulations. [He] The health officer shall make sanitary

29

inspection and shall execute the orders of the board of health

30

and shall, in the performance of [his] the health officer's 

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1

duties, have the power and authority [of a policeman] to issue

2

citations for the violation of applicable laws and ordinances.

3

Section 3106.  Powers of Board of Health.--(a)  The board of

4

health shall have the power, and it shall be its duty to

5

[enforce]:

6

(1)  Enforce the laws of the Commonwealth, the regulations of

7

the State Department of Health, and all ordinances of the

8

borough enacted to promote public health and prevent the

9

introduction and spread of infectious or contagious disease[; to

10

abate].

11

(2)  Abate and remove all nuisances [which] that the board

12

shall deem [prejudicial] detrimental to the public health[;] and 

13

to mark infected houses or places[; to recommend].

14

(3)  Recommend rules [for the construction and maintenance of

15

house-drains, wash-pipes, soil-pipes and cesspools; and to

16

recommend all such other rules] and regulations as shall be

17

deemed necessary for the preservation of the public health and

18

for carrying into effect the powers and functions of the board.

19

[Such] The rules and regulations shall not become effective

20

until they have been approved by the borough council and enacted

21

as ordinances of the borough. [The board shall also have power,

22

with the consent of council, in case of a prevalence of any

23

contagious or infectious disease to establish one or more

24

emergency hospitals, and to make provisions and regulations for

25

the maintenance and management of the same.

26

The board shall also have the power to recommend to council

27

all necessary rules and regulations not inconsistent with law,

28

for carrying into effect the powers and functions with which the

29

board is invested by law, and the power and authority relating

30

to the public health conferred on boroughs. Such rules and

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1

regulations shall not become effective until they have been

2

approved by the borough council and enacted as ordinances of the

3

borough.]

4

(b)  The board of health may appoint a health officer or

5

officers.

6

Section 3107.  Entry Upon Premises.--(a)  The board of health

7

as a body, or by committee, as well as the health officer,

8

together with their assistants, subordinates, and [workmen] 

9

employes, under and by order of the [said] board, shall have the

10

power to enter at [any time] a reasonable time and in a

11

reasonable manner upon any premises in the borough upon which

12

there is suspected to be any infectious or contagious disease,

13

or nuisance detrimental to the public health, for the purpose of

14

examining and abating the same.

15

(b)  In the event that entry upon any premises is refused by

16

an owner, an agent of an owner or a tenant, the board of health

17

or health officer shall obtain an administrative search warrant

18

from any magisterial district judge within the judicial district

19

where the premises to be inspected is located.

20

(c)  It shall be sufficient to support the issuance of a

21

warrant for the board of health or health officer to provide to

22

the magisterial district judge evidence of any of the following:

23

(1)  Reasonable standards and an administrative plan for

24

conducting inspections.

25

(2)  The condition of the premises or general area and the

26

passage of time since the last inspection.

27

(3)  Facts, supported by oath or affirmation, alleging that

28

probable cause exists that a law, regulation or ordinance

29

subject to enforcement by the board of health or health officer

30

has been violated.

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1

Section 3108.  Inspections; Abatement of Nuisances.--The

2

board of health [may inspect house-drains, waste and soil-pipes,

3

cesspools, water-closets, slaughter-houses, hog-pens, stable-

4

yards and] shall have the power to inspect any conditions or

5

places [whatsoever] in the borough which may constitute a

6

nuisance or a menace to public health[; and whenever]. Whenever 

7

any condition or place in the borough is found by the board to

8

be a nuisance or a menace to the health of the people of the

9

borough it shall issue a written order of abatement, directed to

10

the owner, or agent of the owner, of the premises, stating that

11

the conditions specified [therein] in the premises constitute a

12

nuisance or a menace to health, and ordering an abatement

13

thereof within [such] reasonable time as may be specified by the

14

board in [such] the order. [In case such] If the order of

15

abatement is not obeyed within the time specified [therein], the

16

board shall [thereupon] issue a further written order to the

17

health officer, directing [him] the health officer to remove or

18

abate the same[; which]. The order shall be executed by [him and

19

his] the health officer and subordinates and [workmen] agents,

20

and the expense [thereof] of execution with a penalty of ten

21

percent [thereof added thereto], shall be recoverable from the

22

owner of the premises upon or from which the nuisance or menace

23

to health is abated or removed, in the same manner as debts of

24

like character are now collected by law[; or the said board of

25

health may proceed to enforce such other remedy, or inflict such

26

penalty, as may be provided by ordinance of the borough]. In

27

lieu of, or in addition to the above procedure, borough council

28

may seek relief from a nuisance or threatened nuisance by an

29

action at law or in equity. Council may seek the guidance of the

30

board of health or the health officer in determining the nature

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1

of the relief requested.

2

Section 3109.  Estimates of Expenditures; Report.--It shall

3

be the duty of the board of health or of the health officer or

4

officers appointed by borough council to submit annually to the

5

council, before the commencement of the fiscal year, an estimate

6

of the probable expenditures of the board or the health officer

7

or officers during the ensuing year; and council shall then

8

proceed to make [such] appropriations as may be deemed

9

necessary. The board of health, or the health officer or

10

officers, shall, in the month of January of each year, submit a

11

report, in writing, to council of its appropriation and

12

expenditures for the preceding year, together with such other

13

information on subjects relative to the sanitary conditions or

14

requirements of the borough as may be necessary.

15

Section 3110.  Cooperation With Other Units.--Any borough may

16

cooperate with the county or counties in which it is located, or

17

with any [city, borough, or township] municipal corporation, as

18

well as with the State Department of Health, in the

19

administration and enforcement of health laws.

20

Section 3111.  Powers of [Secretary of Health.--Whenever, in

21

the opinion of the Secretary of Health, conditions found by him

22

to exist in any borough shall constitute a menace to the lives

23

and health of people living outside the corporate limits of such

24

borough or if it be known by him that any borough is without an

25

existing or efficient board of health, he or his agents may take

26

full charge of and administer the health laws, regulations and

27

ordinances in such borough; and may continue in charge thereof

28

until he shall decide that a competent and efficient board of

29

health, or health officer or officers, has been appointed and

30

qualified for such borough and is ready, able and willing to

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1

assume and carry into effect the duties imposed upon it by law.] 

2

Department of Health to Administer Health Laws; Expenses.--(a)   

3

Nothing in this act may be construed as to limit any power or

4

duty of the Department of Health, including the power to take

5

full charge of the administration of health laws, regulations

6

and ordinances in a borough and collect any costs associated

7

therewith in accordance with Article XXI of the act of April 9,

8

1929 (P.L.177, No.175), known as "The Administrative Code of

9

1929."

10

(b)  Any expenses of the Department of Health for which the

11

borough is liable shall be paid by the borough where the

12

expenses have been incurred, in the same manner as other

13

expenses of the borough are paid. All expenses incurred by the

14

Department of Health, when paid or when collected, shall be

15

returned by the department to the State Treasurer, who shall

16

credit the amount so received to the appropriation made to the

17

Department of Health.

18

(c)  Whenever expenses incurred in accordance with the

19

provisions of subsection (b) shall remain unpaid by a borough

20

for a period over three months after a statement of the expense

21

has been rendered to the borough and demand for payment is made,

22

the Secretary of Health shall, with the approval of the

23

Governor, institute, in the name of the Commonwealth as

24

plaintiff, an action of assumpsit against the borough for the

25

collection of the expense from the borough in the same manner as

26

debts of like amount are collected by law. Upon the trial of the

27

action, the reasonableness of the expenditures made by the

28

secretary shall be submitted to the jury for its determination.

29

Section 346.  Sections 3112, 3113 and 3114 and Article XXXIII

30

heading of the act are repealed:

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1

[Section 3112.  Expenses of Board or Secretary of Health.--

2

All expenses incurred by any local board of health, its officers

3

or employes, in the performance of the duties imposed upon it by

4

law, and all expenses incurred by the Secretary of Health or his

5

agents in accordance with the provisions of this article shall

6

be paid by the borough wherein such duties are performed, in the

7

same manner as other expenses of such borough are paid.

8

Section 3113.  Failure to Pay Expenses Incurred by State

9

Secretary.--Whenever expenses incurred by the Secretary of

10

Health or his agents in the administration of health laws in any

11

borough in accordance with the provisions of this article, shall

12

remain unpaid by said borough for a period over three months

13

after a statement of such expense has been rendered by him to

14

such borough and demand for payment by him made, he shall, with

15

the approval of the Governor, institute, in the name of the

16

Commonwealth as plaintiff, an action of assumpsit against such

17

borough for the collection of such expense from the borough in

18

the same manner as debts of like amount are collected by law:

19

Provided, That upon the trial of any such action of assumpsit,

20

the reasonableness of the expenditures made by the Secretary of

21

Health shall be submitted to the jury for its determination.

22

Section 3114.  Disposition of Collected Funds.--All expenses

23

incurred by the Secretary of Health in the administration of

24

health laws in any borough, when paid to him by such borough, or

25

when collected by him, shall be returned by him to the State

26

Treasurer, who shall credit the amount so received to the

27

appropriation made to the Department of Health.

28

ARTICLE XXXII

29

ZONING]

30

Section 347.  The act is amended by adding an article to

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1

read:

2

ARTICLE XXXII-A

3

UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE

4

CODE AND RESERVED POWERS

5

Section 3201-A.  Primacy of Uniform Construction Code.

6

(a)  General rule.--The act of November 10, 1999 (P.L.491,

7

No.45), known as the Pennsylvania Construction Code Act, and the

8

Uniform Construction Code adopted under section 301 of the

9

Pennsylvania Construction Code Act shall apply to the

10

construction, alteration, repair and occupancy of all buildings

11

and structures within a borough.

12

(b)  Primacy.--This section and any ordinance, rule or

13

regulation adopted pursuant to this section shall not supersede

14

or abrogate the Pennsylvania Construction Code Act or the

15

Uniform Construction Code and shall be construed and read in

16

pari materia with them.

17

Section 3202-A.  Changes in Uniform Construction Code.

18

A borough may propose and enact an ordinance to equal or

19

exceed the minimum requirements of the Uniform Construction Code

20

in accordance with and subject to the requirements of section

21

503 of the act of November 10, 1999 (P.L.491, No.45), known as

22

the Pennsylvania Construction Code Act. Any ordinance exceeding

23

the provisions of the Uniform Construction Code shall be

24

required to meet the standards provided in section 503(j)(2) of

25

the Pennsylvania Construction Code Act.

26

Section 3203-A.  Public nuisance.

27

Any building, housing or property, or part of any building,

28

housing or property erected, altered, extended, reconstructed,

29

removed or maintained, contrary to any of the provisions of any

30

ordinance passed for any of the purposes specified in this

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1

article may be declared, by a court of law, a public nuisance,

2

and may be abatable as such, provided, however, that a violation

3

of the Uniform Construction Code or any ordinance that equals or

4

exceeds the Uniform Construction Code shall be subject to the

5

provisions of the Pennsylvania Construction Code Act and the

6

regulations adopted thereunder by the Department of Labor and

7

Industry relating to enforcement for noncompliance.

8

Section 3204-A.  Property maintenance code.

9

(a)  Property maintenance codes.--Notwithstanding the primacy

10

of the Uniform Construction Code, a borough may enact a property

11

maintenance ordinance, and it may incorporate any standard or

12

nationally recognized property maintenance code, or any

13

variations or changes or parts of the code, published and

14

printed in book form, without incorporating the text of the code

15

in the ordinance, or a borough may enact any standard or

16

nationally recognized property maintenance code or any changes

17

or variations or parts, as its ordinance. In either event, the

18

ordinance, or any changes or variations or parts, need not be

19

advertised after passage, but notice of its consideration, in

20

reasonable detail, shall be published as will give adequate

21

notice of its contents and a reference to the place or places

22

within the borough where copies of the proposed property

23

maintenance code may be examined or obtained. The notice

24

required by this subsection shall be published once in one

25

newspaper of general circulation at least one week and not more

26

than three weeks prior to the presentation of the proposed

27

property maintenance code to council. No fewer than three copies

28

of the ordinance adopted by council shall be made available for

29

public inspection and use during business hours or be made

30

available to any interested party at the cost of the copies, or

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1

may be furnished or lent without charge. A property maintenance

2

code adopted by reference need not be recorded in or attached to

3

the ordinance book, but shall be deemed to have been legally

4

recorded if the ordinance by which the code was adopted by

5

reference shall have been recorded, with an accompanying

6

notation stating where the full text of the code shall have been

7

filed. The ordinance may provide for reasonable property fines

8

and penalties for violations of the ordinance. The procedure

9

under this section relating to the adoption of the ordinance may

10

likewise be utilized in amending, supplementing or repealing any

11

of the provisions of the ordinance.

12

(b)  Property maintenance inspectors.--Council may appoint

13

property maintenance inspectors who shall have the right to

14

enter upon, subject to constitutional standards in a similar

15

manner as provided in section 3107, and inspect any premises at

16

all reasonable hours and in a reasonable manner for the

17

administration and enforcement of the borough's property

18

maintenance code or ordinance incorporating a standard or

19

nationally recognized property maintenance code. Any fees

20

payable to property maintenance inspectors under the ordinance

21

shall be paid by the property maintenance inspectors to the

22

borough treasurer for the use of the borough as promptly as may

23

be.

24

(c)  Legal actions.--In addition to the penalties provided by

25

the property maintenance ordinance, the borough may institute

26

appropriate actions or proceedings at law or in equity to

27

prevent or restrain property maintenance violations.

28

(d)  Construction.--The powers of a borough as provided in

29

this section shall be in addition to, but not limited to, the

30

powers provided in the act of November 26, 2008 (P.L.1672,

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1

No.135), known as the Abandoned and Blighted Property

2

Conservatorship Act, and 53 Pa.C.S. Ch. 61 (relating to

3

neighborhood blight reclamation and revitalization).

4

Section 3205-A.  Reserved powers.

5

If, as a result of legislative action or final order of court

6

for which the time for appeal has expired and no appeal has been

7

taken or from which there is no pending appeal, the Uniform

8

Construction Code or any replacement code is no longer

9

applicable in boroughs, a borough may:

10

(1)  Enact and enforce ordinances to govern and regulate

11

the construction, reconstruction, alteration, extension,

12

repair, conversion, maintenance, occupation, sanitation,

13

ventilation, heating, egress, lighting, electric wiring,

14

water supply, toilet facilities, drainage, plumbing, fire

15

prevention, fireproofing, including prescribing limitations

16

wherein only buildings of noncombustible material and

17

fireproofed roofs are used in construction, erection or

18

substantial reconstruction, use and inspection of all

19

buildings and housing or parts of buildings and housing and

20

the roofs, walls and foundations of buildings and housing,

21

and all facilities and services in or about the buildings or

22

housing constructed, erected, altered, designed or used, in

23

whole or in part, for any use or occupancy, and the

24

sanitation and inspection of land appurtenant to the

25

buildings or housing. The codes may be combined or separately

26

enacted or combined with the property maintenance code. A

27

borough may adopt, amend or incorporate by reference any

28

standard or nationally recognized code or any variations or

29

changes or parts of the code as its ordinance in the manner

30

provided in section 3204-A. The ordinance may provide for

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1

reasonable fines and penalties for violations of the

2

ordinance in compliance with Article XXXIII.

3

(2)  Require that before any work of construction,

4

reconstruction, alteration, extension, repair or conversion

5

of any building is begun, approval of the plans and

6

specifications be secured.

7

(3)  Council may appoint building inspectors, housing

8

inspectors, property maintenance inspectors, fire prevention

9

inspectors, electrical inspectors and plumbing inspectors,

10

and fix their compensation. The inspectors shall have the

11

right to enter upon, subject to constitutional standards in a

12

similar manner as provided in section 3107, and inspect any

13

premises at all reasonable hours and in a reasonable manner,

14

for the administration and enforcement of the borough's

15

adopted codes or ordinances incorporating standard or

16

nationally recognized codes. Any fees payable to inspectors

17

under the ordinances shall be paid by them to the borough

18

treasurer for the use of the borough as promptly as may be.

19

(4)  In addition to the penalties provided by ordinances,

20

the borough may institute appropriate actions or proceedings

21

at law or in equity to prevent or restrain the unlawful

22

construction, reconstruction, alteration, extension, repair,

23

conversion, maintenance, use or occupation of property

24

located within the borough, to restrain, correct or abate the

25

violation and to prevent the use or occupancy of the

26

building, housing or structure.

27

Section 348.  Article XXXIII heading of the act is amended to

28

read:

29

ARTICLE XXXIII

30

[ENFORCEMENT OF] ORDINANCES

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1

Section 349.  Section 3301 of the act, amended October 9,

2

1967 (P.L.399, No.181) and repealed in part April 28, 1978

3

(P.L.202, No.53), is repealed:

4

[Section 3301.  Prosecution of Ordinance Violators;

5

Disposition of Fines, Penalties and Costs.--Any violation or

6

failure to comply with any provision of any borough ordinance

7

shall constitute a summary offense and prosecution for every

8

such offense shall be according to the practice in the case of

9

summary convictions.]

10

Section 350.  The act is amended by adding subdivisions to

11

read:

12

(a)  General Provisions

13

Section 3301.1.  Ordinances; resolutions.

14

(a)  General rule.--Borough council shall enact ordinances in

15

accordance and not inconsistent with the provisions of this act

16

and with the laws of this Commonwealth, in which general or

17

specific powers of the borough shall be exercised as it shall

18

deem beneficial to the borough and to provide for the

19

enforcement of the same. Borough council may amend, repeal or

20

revise existing ordinances by the enactment of subsequent

21

ordinances.

22

(b)  Legislative acts.--Every legislative act of council

23

shall be by ordinance and these legislative acts shall include,

24

but not be limited to, tax ordinances, general appropriation

25

ordinances, capital expenditures not payable out of current

26

funds, and all legislation exercising the police power of the

27

borough, regulating land use, development and subdivision,

28

imposing building, plumbing, electrical, property maintenance,

29

housing and similar standards, and otherwise regulating the

30

conduct of persons or entities within the borough and imposing

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1

penalties for the violation thereof.

2

(c)  Resolutions.--Borough council shall adopt resolutions in

3

accordance and not inconsistent with the provisions of this act 

4

and the laws of this Commonwealth. The purposes for which

5

resolutions may be adopted shall include, but not be limited to,

6

ceremonial or congratulatory expressions of the good will of the

7

council, statements of public policy of the council, approval of

8

formal agreements of the borough, other than agreements arising

9

under an established purchasing system of the borough, the

10

approval, when required, of administrative rules, regulations

11

and bylaws arising under State statutes or borough ordinances

12

and the filling of borough-appointed positions and of vacancies

13

of elected officials unless otherwise provided.

14

(d)  Real and personal property matters.--Borough council's

15

approval of the acquisition, disposition and leasing of real or

16

personal property shall be by adoption of a resolution in a

17

manner consistent with this act.

18

Section 3301.2.  Publication of proposed ordinances.

19

(a)  Publication requirements.--Except where otherwise

20

provided in this act or in other law, borough council shall

21

publish every proposed ordinance once in one newspaper of

22

general circulation no more than 60 days nor fewer than seven

23

days prior to enactment, which the seventh day shall fall on the

24

day prior to the day when council shall vote on the proposed

25

ordinance. Publication of any proposed ordinance shall include

26

either the full text or the title and a brief summary prepared

27

by the borough solicitor setting forth all the provisions in

28

reasonable detail and a reference to a place within the borough

29

where copies of the proposed ordinance may be examined.

30

(b)  Publication of summary.--If the full text is not

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1

included in the publication of the proposed ordinance, the

2

following shall apply:

3

(1)  The newspaper in which the proposed ordinance is

4

published shall, upon request, be furnished a copy of the

5

full text.

6

(2)  An attested copy of the full text shall be filed in

7

the county law library or other county office designated by

8

the county commissioners who may impose a fee no greater than

9

that necessary to cover the actual costs of storing the

10

proposed ordinance.

11

(3)  The date of the filing with the county, as provided

12

in paragraph (2), shall not affect the effective date of the

13

ordinance and shall not be deemed a defect in the process of

14

the enactment of the ordinance.

15

(c)  Notice of amendments.--In the event substantial

16

amendments are made in the proposed ordinance, before voting

17

upon enactment, council shall within ten days readvertise in one

18

newspaper of general circulation, a brief summary setting forth

19

all the provisions in reasonable detail together with a summary

20

of the amendments.

21

Section 3301.3.  Enactment, approval and veto of ordinances;

22

effective date.

23

(a)  Approval by mayor.--

24

(1)  Every ordinance enacted by council shall be

25

presented to the mayor for the mayor's approval. As a matter

26

of law, presented to the mayor shall be deemed to mean

27

delivery to the mayor by hand delivery or certified mail,

28

addressee only, to the mayor at the mayor's last known

29

address. Delivery shall be deemed complete upon depositing in

30

the mail, postage or charges prepaid, as evidenced by a

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1

certificate of mailing.

2

(2)  If the mayor approves the ordinance, he or she shall

3

sign it. If the mayor does not approve the ordinance, the

4

mayor shall return it with his or her objections which shall

5

be entered upon the minutes, to the council at its next

6

scheduled meeting occurring at least ten days after the

7

meeting at which the ordinance was enacted by council.

8

Council shall proceed to a reconsideration of the ordinance

9

either at the meeting at which the vetoed ordinance was

10

returned or no later than ten days thereafter at any other

11

scheduled meeting. If, after reconsideration, a majority of

12

all elected council members plus one votes to override the

13

mayor's veto, the ordinance shall have full force and effect

14

as if it had received the approval of the mayor. The vote

15

shall be determined by yeas and nays, and the names and votes

16

of the members shall be entered upon the minutes. A scheduled

17

meeting, as used in this section, may be either a regular,

18

special or reconvened meeting.

19

(3)  If any ordinance shall not be returned by the mayor

20

at council's next scheduled meeting occurring at least ten

21

days after its presentation to the mayor, the ordinance shall

22

have full force and effect as if it had been approved by the

23

mayor.

24

(b)  Effective date.--The effective date of an enacted

25

ordinance, except as otherwise provided in the ordinance, shall

26

be the date when the mayor shall approve it or the date of

27

enactment by the council over the veto of the mayor, or in the

28

case of any ordinance not returned by the mayor at the next

29

scheduled meeting of council occurring at least ten days after

30

the meeting at which the ordinance was enacted by the council,

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1

the date of enactment shall be the date of the succeeding

2

scheduled meeting of council.

3

(c)  Tax ordinance.--When council shall present the mayor

4

with the annual tax ordinance referred to in section 1310.1, the

5

mayor shall, within ten days of receiving the tax ordinance

6

approve or return the tax ordinance to the borough secretary

7

with a statement setting forth the mayor's objections. Council

8

shall proceed to a reconsideration at any scheduled meeting held

9

no later than ten days after the mayor has returned the tax

10

ordinance to the secretary with the mayor's objections. The

11

mayor's objections shall be entered upon the minutes of the

12

meeting. A veto of the tax ordinance of the borough may be

13

overridden by a vote of a majority of all elected council

14

members plus one. After that action, the ordinance shall have

15

full force and effect as if it had received the approval of the

16

mayor. If the mayor neither approves the tax ordinance nor

17

returns it with objections, the date of enactment of the tax

18

ordinance shall be the date of the adoption of the tax ordinance

19

by council.

20

Section 3301.4.  Recording, advertising and proof of ordinances.

21

All borough ordinances shall, within 30 days after (1)

22

approval by the mayor, or (2) council's override of the mayor's

23

veto or (3) council's next scheduled meeting after its

24

presentation to the mayor, be recorded by the borough secretary

25

in a book provided for that purpose, which shall be open to the

26

inspection of citizens during normal business hours. All

27

ordinances may be proved by the certificate of the borough

28

secretary, under the corporate seal. When printed or published

29

in book or pamphlet form by the authority of the borough, the

30

ordinances shall be read and received as evidence in all courts

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1

and places without further proof. The entry of the borough

2

ordinance in the ordinance book shall be sufficient, without the

3

signature of the president of council, mayor or member of

4

council. Any and all borough ordinances or portions thereof, the

5

text of which, prior to the effective date of this act, shall

6

have been attached to the ordinance book, shall be considered in

7

force just as if the ordinances or portions thereof had been

8

recorded directly upon the pages of the ordinance book, provided

9

that all other requirements of this act applicable to the

10

enactment, approval, advertising and recording of the ordinances

11

or portions of ordinances were complied with within the time

12

limits prescribed by this act.

13

Section 3301.5.  Codification of ordinances.

14

(a)  Consolidation, codification and revision.--When a

15

borough has prepared a consolidation, codification or revision

16

of the general body of borough ordinances, or the ordinances on

17

a particular subject, the borough council may adopt the

18

consolidation, codification or revision as an ordinance of the

19

borough in accordance with section 3301.1(a), except as

20

hereinafter provided.

21

(b)  Enactment.--Any consolidation, codification or revision

22

of borough ordinances to be enacted as a single ordinance shall

23

be introduced in the borough council at least 30 days before its

24

final enactment. At least 15 days before its final enactment,

25

notice of the introduction of any consolidation, codification or

26

revision, specifying its general nature and listing its table of

27

contents, shall be given by advertisement in a newspaper of

28

general circulation.

29

(c)  Notice.--When any consolidation, codification or

30

revision has been enacted as an ordinance, it shall not be

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1

necessary to advertise the entire text, but it shall be

2

sufficient to publish a notice stating that the consolidation,

3

codification or revision, notice of the introduction of which

4

had previously been given, was finally enacted.

5

(d)  Contents of notice.--In the course of preparing a

6

consolidation, codification or revision of ordinances, a borough

7

may utilize the procedure set forth in subsections (a), (b) and

8

(c) to enact a complete group or body of ordinances, repealing

9

or amending existing ordinances as may be necessary. In such

10

cases, the advertisement giving notice of the introduction shall

11

list, in lieu of a table of contents, the titles only of each of

12

the ordinances in a complete group or body of ordinances, as was

13

finally enacted.

14

Section 3301.6.  Appeals from ordinances.

15

Complaint as to the legality of any ordinance or resolution

16

may be made to the court of common pleas. In cases of ordinances

17

laying out streets over private lands, the court shall have

18

jurisdiction to review the propriety as well as the legality of

19

the ordinance.

20

Section 3301.7.  Lost ordinance books to be replaced; recording

21

ordinances.

22

(a)  Lost ordinance books.--Whenever any ordinance book or

23

books are lost, destroyed or become unserviceable, the borough

24

council may provide by ordinance for a new ordinance book or

25

books into which shall be recorded by the secretary all of the

26

ordinances contained in the lost, destroyed or unserviceable

27

ordinance book or books. The secretary, in recording the

28

ordinances, shall make complete copies of the ordinances,

29

including the date of enactment and approval and the names of

30

the officers who signed the same, and, after notice given, as

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1

provided in this section, and corrections made, shall certify

2

each ordinance as a correct copy of the original.

3

(b)  Recording ordinances.--The ordinance providing for the

4

recording of ordinances shall be recorded in the ordinance book,

5

immediately following the ordinances so recorded and it shall

6

provide that the secretary of the borough, upon the completion

7

of the recording, shall publish once, in one newspaper of

8

general circulation, a notice stating that ordinances of the

9

borough contained in lost, destroyed or unserviceable ordinance

10

book or books, and that the old books and records of borough

11

ordinances and the new ordinance book are open to public

12

inspection for the purpose of verification and correction for a

13

period of 30 days from the date of the notice.

14

(c)  Certification by secretary of borough.--The secretary of

15

the borough, at the expiration of the notice, shall make all

16

corrections, and shall then certify that all of the ordinances

17

have been compared with the originals and that they are correct

18

copies. After the ordinances are recorded, notice given, and the

19

certificate of correction made, the ordinances so recorded shall

20

take the place of the original record and shall be the valid and

21

legal ordinances of the borough for the period covered by the

22

new ordinance book.

23

(b) Enforcement

24

Section 3321.  Fines and penalties.

25

An ordinance enacted by borough council pursuant to this act

26

shall prescribe the fines and penalties which may be imposed for

27

its violation and shall, unless otherwise specified in any other

28

law of this Commonwealth, designate the method of its

29

enforcement in accordance with the following:

30

(1)  Except as provided in paragraph (2), when the

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1

penalty imposed for the violation of an ordinance enacted

2

pursuant to the provisions of this act is not voluntarily

3

paid to the borough, the borough shall initiate a civil

4

enforcement proceeding before a magisterial district judge.

5

The civil enforcement proceeding shall be initiated by

6

complaint or by such other means as may be provided by the

7

Pennsylvania Rules of Civil Procedure. An ordinance which is

8

to be enforced through a civil enforcement proceeding may

9

prescribe civil penalties not to exceed $600 per violation. A

10

borough shall be exempt from the payment of costs in any

11

civil case brought by the borough to enforce an ordinance in

12

accordance with this paragraph.

13

(2)  For an ordinance regulating building, housing,

14

property maintenance, health, fire, public safety, parking,

15

solicitation, curfew, water, air or noise pollution, borough

16

council shall provide that its enforcement shall be by action

17

brought before a magisterial district judge in the same

18

manner provided for the enforcement of summary offenses under

19

the Pennsylvania Rules of Criminal Procedure. The municipal

20

solicitor may assume charge of the prosecution without the

21

consent of the District Attorney as required under

22

Pa.R.Crim.P. No. 454 (relating to trial in summary cases).

23

Borough council may prescribe criminal fines not to exceed

24

$1,000 per violation and may prescribe imprisonment to the

25

extent allowed by law for the punishment of summary offenses.

26

Violations of the property maintenance code or ordinance may

27

also be enforced pursuant to section 3204-A(c).

28

(3)  All ordinances enacted prior to the effective date

29

of this clause, other than those regulating building,

30

housing, property maintenance, health, fire, public safety,

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1

parking, solicitation, curfew, water, air or noise pollution,

2

shall be deemed automatically amended so that they shall be

3

enforced through a civil enforcement proceeding in accordance

4

with paragraph (1).

5

(4)  In addition to or in lieu of enforcement of an

6

ordinance through a civil action or as a summary offense, as

7

provided in this section, boroughs may enforce ordinances

8

through an action in equity brought in the court of common

9

pleas of the county where the borough is situate.

10

(5)  Ordinances, whether enforced through civil

11

proceedings or as a summary offense, may provide that a

12

separate offense shall arise for each day or portion of a day

13

in which a violation is found to exist or for each section of

14

the ordinance which is found to have been violated. In the

15

event that such claims for fines and penalties exceed the

16

monetary jurisdiction of a magisterial district judge as set

17

forth in 42 Pa.C.S. § 1515(a) (relating to jurisdiction and

18

venue), exclusive of interest, costs or other fees, the

19

borough may bring such action in the court of common pleas or

20

may, pursuant to 42 Pa.C.S. § 1515(a), waive that portion of

21

fines or penalties that exceed the monetary jurisdictional

22

limits so as to bring the matter within the monetary

23

jurisdiction of the magisterial district judge.

24

(6)  Ordinances may provide that any person found guilty

25

of violating an ordinance may be assessed court costs and

26

reasonable attorney fees incurred by the borough in the

27

enforcement proceedings.

28

(7)  All fines, costs, penalties, and fees collected for

29

the violation of any borough ordinance shall be paid to the

30

borough treasurer.

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1

(8)  Borough council may delegate the initial

2

determination of ordinance violation and the service of

3

notice of violation to such officers or agents as the borough

4

shall deem qualified for that purpose.

5

Section 351.  Sections 3306 and 3307 of the act are

6

renumbered and amended to read:

7

Section [3306] 3322.  Commitments Pending Hearings.--Any

8

person arrested for the violation of a borough ordinance that

9

may be enforced as a summary offense may be committed to the

10

borough lockup, pending a hearing or trial, but in case there is

11

no suitable lockup in which to detain prisoners the person

12

arrested may be committed to the county jail.

13

Section [3307] 3323.  Commitments After Hearing.--Upon

14

judgment against any person by summary conviction, or by

15

proceedings by summons on default of the payment of the fine or

16

penalty imposed and the costs, the defendant may be sentenced

17

and committed to the borough lockup for a period not exceeding

18

ten days or to the county jail [or workhouse] for a period not

19

exceeding thirty days.

20

Section 352.  Section 3308 of the act, amended March 2, 1988

21

(P.L.103, No.18), is repealed:

22

[Section 3308.  Collection of Penalties.--No fine or penalty

23

shall exceed one thousand dollars ($1,000) for a violation of a

24

building, housing, property maintenance, health, fire or public

25

safety code or ordinance and for water, air and noise pollution

26

violations, and shall not exceed six hundred dollars ($600) for

27

a violation of any other borough ordinance.]

28

Section 353.  Section 3309 of the act, repealed in part April

29

28, 1978 (P.L.202, No.53), is renumbered and amended to read:

30

Section [3309] 3324.  Payment of Costs by Borough.--When a

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1

prisoner shall be committed to any county jail [or workhouse],

2

either for the nonpayment of a fine or penalty imposed for the

3

violation of any borough ordinance, or while awaiting a hearing

4

upon any charge for the violation of any borough ordinance that

5

is enforced as a summary offense, the expenses of maintaining

6

[such] the prisoner during [his] the prisoner's confinement

7

shall be paid by the borough, and the county shall not be liable

8

for any such maintenance.

9

Section 354.  Article XXXIV and subdivision (a) headings of

10

the act are repealed:

11

[ARTICLE XXXIV

12

ACTIONS BY AND AGAINST BOROUGHS

13

(a)  Municipal Claims]

14

Section 355.  Section 3401 of the act, repealed in part April

15

28, 1978 (P.L.202, No.53), is repealed:

16

[Section 3401.  Collection of Municipal Claims.--In all

17

proceedings for the recovery of municipal claims an attorney's

18

commission of five percent may be included.]

19

Section 356.  Article XXXIV subdivision (b) heading and

20

section 3415 of the act are repealed:

21

[(b)  Defenses by Taxpayers

22

Section 3415.  Liability in Bond Transfers.--All certificates

23

of loans, issued by a borough, shall be transferable by the

24

legal owner thereof without any liability on the part of the

25

transfer agents of the borough to recognize or see to the

26

execution of any trust, whether expressed, implied, or

27

constructive, to which such loans may be subject, unless such

28

transfer agents of the borough shall have previously received

29

notice in writing signed by or on behalf of the person for whom

30

such loans appear by the certificate thereof to be held in

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1

trust, that the proposed transfer would be a violation of such

2

trust.]

3

Section 357.  Article XXXV heading of the act is reenacted to

4

read:

5

ARTICLE XXXV

6

ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE

7

Section 358.  Section 3501 of the act is amended to read:

8

Section 3501.  Acts of Assembly Repealed; Saving Clause.--(a)  

9

The following acts and parts of acts are hereby repealed as set

10

forth:

11

(1)  The act of May 4, 1927 [(P.L.519)] (P.L.519, No.336),

12

known as "The Borough Code," and its reenactments and amendments

13

are repealed, except that section 2, act of May 23, 1961

14

[(P.L.210)] (P.L.210, No.109), shall not be construed to be

15

repealed.

16

(2)  The act of April 14, 1875 (P.L.55, No.58), entitled "An

17

act authorizing the burgess and town council of each of the

18

several boroughs throughout this commonwealth to levy and

19

collect a gas, kerosene oil and water tax," absolutely.

20

(3)  The act of April 18, 1877 (P.L.55, No.55), entitled "An

21

act to provide through the courts of this commonwealth for the

22

erection of boroughs out of territory now included in cities of

23

the third class that have been formed by joining together two or

24

more boroughs," absolutely.

25

(4)  The act of June 16, 1891 (P.L.302, No.232), entitled "A

26

further supplement to an act approved the sixteenth of April,

27

Anno Domini one thousand eight hundred and seventy-five,

28

entitled 'An act authorizing the burgess and town council of

29

each of the several boroughs throughout this Commonwealth to

30

levy and collect a gas, kerosene oil and water tax,' amended by

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1

the act approved the eighth day of May, Anno Domini one thousand

2

eight hundred and seventy-six, providing for a further amendment

3

of section second, as amended by said last mentioned act, to

4

authorize the use of the money so raised and collected for the

5

purpose of illuminating said boroughs with electric light,"

6

absolutely.

7

(5)  The act of May 2, 1901 (P.L.120, No.87), entitled "An

8

act to prevent burgesses and councilmen of the several boroughs

9

within this Commonwealth from soliciting or receiving bribes,

10

and to punish any person who may offer to bribe the same,"

11

absolutely.

12

(6)  The act of May 4, 1927 (P.L.673, No.337), entitled "An

13

act relating to purchases by boroughs," absolutely.

14

(7)  The act of April 26, 1929 (P.L.823, No.354), entitled

15

"An act permitting boroughs to provide a method of assessment

16

for borough taxes," absolutely.

17

(8)  The act of April 11, 1931 (P.L.26, No.24), entitled "An

18

act to validate certain proceedings for municipal improvements,

19

municipal assessments, municipal claims, and municipal liens, in

20

the several boroughs of this Commonwealth, and validating such

21

improvements, assessments, claims, and liens; providing for the

22

filing of claims and liens therefor; and the proceedings for the

23

collection of such assessments and claims," absolutely.

24

(9)  The act of June 12, 1931 (P.L.559, No.192), entitled "An

25

act to authorize boroughs to sue out writs of scire facias on

26

certain municipal claims, where more than five years have

27

elapsed since said claims were filed, and to reduce such claims

28

to judgment; and providing for the revival and collection of

29

such judgments," absolutely.

30

(10)  The act of March 3, 1933 (P.L.8, No.5), entitled "An

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1

act validating, ratifying and confirming acts and municipal

2

functions done, executed and performed, municipal works and

3

improvements instituted and completed, and affairs regulated by

4

boroughs in accordance with general borough laws, where such

5

boroughs were incorporated under local law, and no official

6

record of the acceptance of the general borough law is in

7

existence or can be found," absolutely.

8

(11)  The act of July 12, 1935 (P.L.721, No.282), entitled

9

"An act authorizing boroughs to construct, reconstruct, and

10

repair sidewalks, gutters, curbs, and grass plots, in cases

11

where material is paid by the abutters, and labor is furnished

12

without cost to the borough," absolutely.

13

(12)  The act of July 18, 1935 (P.L.1305, No.408), entitled

14

"An act authorizing boroughs to repay certain surcharges

15

heretofore made against councilmen for the purchase of any fire

16

apparatus where there was no fraud, corruption, or dishonesty,

17

or profit to such councilmen, and where the borough is in

18

possession of and uses such fire apparatus," absolutely.

19

(b)  All other acts or parts of acts of Assembly supplied by,

20

inconsistent with or appertaining to the subject matter covered

21

by this act are hereby repealed. It is the intention that this

22

act shall furnish a complete and exclusive system for the

23

government and regulation of boroughs, except as to the several

24

matters enumerated in section 102 of article I of this act.

25

(c)  Nothing contained in this act shall be construed to

26

repeal:

27

(1)  Any local or special law.

28

(2)  Any of the provisions of the Public Utility [Law] Code.

29

(3)  Any of the provisions of any law relating to the

30

Navigation Commission for the Delaware River and its navigable

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1

tributaries.

2

(4)  Any of the provisions of any law, the enforcement of

3

which is vested in the Department of Health of the Commonwealth

4

or of the [Sanitary Water Board] Department of Environmental

5

Protection.

6

(5)  Any of the provisions of any law the enforcement of

7

which is vested in the Department of [Forests and Waters or the

8

Water and Power Resources Board] Conservation and Natural

9

Resources.

10

(6)  Any of the provisions of the act of [June 25, 1947 (P.L.

11

1145), entitled, as amended, "An act empowering cities of the

12

second class, cities of the second class A, cities of the third

13

class, boroughs, towns, townships of the first class, townships

14

of the second class, school districts of the second class,

15

school districts of the third class and school districts of the

16

fourth class to levy, assess, and collect or to provide for the

17

levying, assessment and collection of certain additional taxes

18

subject to maximum limitations for general revenue purposes;

19

authorizing the establishment of bureaus and the appointment and

20

compensation of officers and employes to assess and collect such

21

taxes; and permitting penalties to be imposed and enforced;

22

providing an appeal from the ordinance or resolution levying

23

such taxes to the court of quarter sessions and to the Supreme

24

Court and Superior Court," or of any of the amendments or

25

supplements to the said act.] December 31, 1965 (P.L.1257,

26

No.511), known as "The Local Tax Enabling Act."

27

(7)  The act of February 14, 2008 (P.L.6, No.3), known as the

28

"Right-to-Know Law."

29

(8)  Any provision of 45 Pa.C.S. (relating to legal notices).

30

(9)  Any provision of 65 Pa.C.S. (relating to public

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1

officers).

2

(d)  Nothing contained in this act shall be construed to

3

revive any act or part of an act heretofore repealed.

4

Section 359.  The addition of section 1104(f) of the act

5

shall apply to officials elected or appointed to fill a vacancy

6

in an elected office after the effective date of this section. A

<--

7

police officer or firefighter holding an elective office in the

8

borough on the effective date of this section shall be subject

9

to the restrictions in section 1104(f) of the act for any term

10

beginning, or vacancy occurring, after the effective date of

11

this section.

12

Section 360.  This act shall take effect in 60 days.

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