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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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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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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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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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