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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EICHELBERGER, WOZNIAK, ROBBINS, ERICKSON AND BLAKE, MARCH 22, 2011 |
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| REFERRED TO LOCAL GOVERNMENT, MARCH 22, 2011 |
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| AN ACT |
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1 | Reenacting and amending the act of June 23, 1931 (P.L.932, |
2 | No.317), entitled "An act relating to cities of the third |
3 | class; and amending, revising, and consolidating the law |
4 | relating thereto." |
5 | TABLE OF CONTENTS |
6 | ARTICLE I |
7 | PRELIMINARY PROVISIONS |
8 | Section 101. Short Title. |
9 | Section 102. Definitions. |
10 | Section 103. Excluded Provisions. |
11 | Section 104. Construction of Act Generally to Preserve Existing |
12 | Situations. |
13 | Section 105. Constitutional Construction. |
14 | Section 106. Construction of References. |
15 | Section 107. Cities to Which Act Applies. |
16 | Section 108. Effective Date. |
17 | Section 109. Publication of Notices. |
18 | ARTICLE II |
19 | PROCEDURES FOR INCORPORATION |
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1 | Section 200. Definitions. |
2 | Section 201. Creation of Cities. |
3 | Section 203.1. Incorporating Resolution. |
4 | Section 204. Resolution Certified to County Board of Election; |
5 | Form of Question. |
6 | Section 204.1. Notice of Election. |
7 | Section 205. Returns of Election. |
8 | Section 206. Effect of Vote Against Incorporating as a City. |
9 | Section 207. Governor to Issue Letters Patent; Boundaries. |
10 | Section 208. Property of Entities Vested in City. |
11 | Section 209. Existing Governments Temporarily Preserved; City |
12 | Organization. |
13 | Section 210. Existing Liabilities, Debts and Claims Transferred |
14 | to New City. |
15 | ARTICLE III |
16 | CHANGE OF CORPORATE TITLE |
17 | Section 301. Resolution and Petition to Change Corporate Title. |
18 | Section 302. Hearing; Decree. |
19 | Section 303. Recording Decree. |
20 | Section 304. Existing Rights and Liabilities Preserved. |
21 | ARTICLE IV |
22 | CREATION AND DIVISION OF WARDS |
23 | Section 401. General Power of Council in Creation or Division |
24 | of Wards. |
25 | Section 401.1. Petition of Registered Voters. |
26 | Section 402. (Reserved). |
27 | Section 403. Appointment of Commission. |
28 | Section 403.1. Expenses of Commissioners. |
29 | Section 403.2. Report. |
30 | Section 404. Election. |
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1 | Section 405. Notice of Election; Review of Report. |
2 | Section 406. Election Laws to Apply. |
3 | Section 407. Computing Vote; Return; Resubmission of Question. |
4 | Section 408. Change of Ward Lines by Council. |
5 | ARTICLE VI |
6 | CITY BOUNDARIES |
7 | Section 601. Navigable Stream Boundaries. |
8 | Section 602. Court to Establish Disputed Boundaries. |
9 | Section 603. Petition to Court; Commissioners; Report. |
10 | Section 604. Exceptions and Procedure. |
11 | Section 605. Pay and Expenses of Commissioners. |
12 | Section 606. Boundary Monuments. |
13 | ARTICLE VII |
14 | ELECTED OFFICERS AND ELECTIONS |
15 | Section 701. Elected Officers; Term; Eligible to Reelection; |
16 | Vacancies Where Elected Officer Fails to Qualify. |
17 | Section 702. First Elections in Newly Created Cities. |
18 | Section 703. Nominations and Elections. |
19 | Section 704. Certificates of Election. |
20 | ARTICLE VIII |
21 | VACANCIES IN OFFICE |
22 | Section 801. Vacancies in Council and Office of Mayor. |
23 | Section 802. Vacancy in Office of Controller or of Treasurer. |
24 | ARTICLE IX |
25 | GENERAL PROVISIONS RELATING TO CITY |
26 | OFFICERS AND EMPLOYES |
27 | Section 901. Appointment and Removal of Officers and Employes; |
28 | Removal From Elective Office; Employes Not to Hold |
29 | Elective Office. |
30 | Section 902. Officers and Employes; Number; Duties; |
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1 | Compensation. |
2 | Section 903. Changes in Salary, Compensation and Emoluments of |
3 | Officers. |
4 | Section 904. Offices to be Held until Qualification of |
5 | Successors. |
6 | Section 905. Oath of Office; Violation of Oath; Penalty. |
7 | Section 906. Bond to be Given by Officers and Agents. |
8 | Section 907. Surety Bonds; Insurance; Premiums. |
9 | Section 908. Officers not to Become Surety on Bonds Given to |
10 | City; Penalty. |
11 | Section 909. Moneys and Accounts to be Delivered by Officer to |
12 | Successor. |
13 | Section 916. Pennsylvania League of Cities and Municipalities |
14 | and Other Municipal Affairs Organizations. |
15 | Section 917. Powers of Subpoena; Compelling Testimony. |
16 | Section 918. Consolidation or Integration of Fire and Police |
17 | Personnel Prohibited. |
18 | Section 919. Limitation Upon Employe Witnesses. |
19 | ARTICLE X |
20 | THE COUNCIL |
21 | (a) General Provisions |
22 | Section 1001. Qualifications of Council Members. |
23 | Section 1002. Vesting of Legislative Power. |
24 | Section 1003. Organization of Council. |
25 | Section 1004. Oath of Council Members; Quorum; Rules. |
26 | Section 1005. Meetings of Council; Notice; Participation by |
27 | Telecommunication Device. |
28 | Section 1015. Attendance of Witnesses and Production of Books |
29 | Before Council or Committee of Council. |
30 | Section 1016. Salaries. |
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1 | Section 1016.1. Appointment of City Clerk. |
2 | (a.1) Ordinances |
3 | Section 1018.1. Ordinances and Resolutions. |
4 | Section 1018.2. Voting; No Veto; Vote Necessary to Enact |
5 | Ordinances or Adopt Resolutions. |
6 | Section 1018.3. Journal of Proceedings; Recording and |
7 | Withholding of Vote. |
8 | Section 1018.4. Signing and Attesting Ordinances. |
9 | Section 1018.5. Proposed Ordinances; Titles. |
10 | Section 1018.6. Reading of Proposed Ordinances; Final |
11 | Enactment. |
12 | Section 1018.7. Payments not Authorized by Law. |
13 | Section 1018.8. Time of Taking Effect of Ordinances. |
14 | Section 1018.9. Publication of Proposed Ordinances. |
15 | Section 1018.10. Filing of Proposed Ordinances. |
16 | Section 1018.11. Records of Ordinances Maintained by the City |
17 | Clerk. |
18 | Section 1018.12. Proof and Evidence. |
19 | Section 1018.13. Standard or Nationally Recognized Codes. |
20 | Section 1018.14. Maps, Plans or Drawings. |
21 | Section 1018.15. Codification of Ordinances. |
22 | Section 1018.16. Enforcement of Ordinances; Recovery and |
23 | Payment of Fines and Penalties. |
24 | Section 1018.17. Penalty. |
25 | (b) Initiating Ordinances by Electors |
26 | Section 1030. Initiation of Proposed Ordinances by Petition; |
27 | Exceptions. |
28 | Section 1031. Petition; Notice. |
29 | Section 1032. Signing; Oath. |
30 | Section 1033. Number of Signatures; Examination and Certificate |
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1 | by City Clerk. |
2 | Section 1034. Submission to Council. |
3 | Section 1035. Actions by Council; Notices. |
4 | Section 1036. Form of Ballot on Submission to Vote. |
5 | Section 1037. Effect of Majority Vote. |
6 | Section 1038. No Repeal Within Two Years. |
7 | Section 1039. Number of Proposed Ordinances to be Submitted; |
8 | Elections Limited. |
9 | Section 1040. Submission for Repeal by Council. |
10 | Section 1041. Publication of Proposed Ordinance; Repeal or |
11 | Amendment. |
12 | (c) Reconsidering Ordinances by Electors |
13 | Section 1050. Time Ordinances Go Into Effect. |
14 | Section 1051. Petition; Reconsideration of Ordinance. |
15 | Section 1052. Preparation of Petition by City Clerk; Notice. |
16 | Section 1053. Additional Petitions. |
17 | Section 1054. Signatures; Oath; Time of Signing. |
18 | Section 1055. Presentation of Petition to Council. |
19 | Section 1056. Ascertainment of Number of Signers; Report. |
20 | Section 1059. Effect of Petition; Submission to Voters. |
21 | Section 1060. Certification to County Board of Elections; |
22 | Ballots or Ballot Labels; Expense of Elections. |
23 | Section 1061. Form of Ballot or Ballot Label. |
24 | Section 1062. Computing and Filing Returns. |
25 | Section 1063. Effect of the Vote. |
26 | Section 1064. Publication of Ordinance Before Election. |
27 | ARTICLE XI |
28 | THE EXECUTIVE DEPARTMENT |
29 | Section 1101. Executive Departments. |
30 | Section 1102. Determination of Powers and Duties of |
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1 | Departments. |
2 | Section 1103. Designation of Department Directors; Changes. |
3 | Section 1104. Department Directors Responsible for City |
4 | Property and Supplies; Perpetual Inventory Reports. |
5 | Section 1105. Quarterly Reports from Directors of Departments. |
6 | ARTICLE XII |
7 | THE MAYOR |
8 | Section 1201. Qualifications. |
9 | Section 1202. Chief Executive; Inauguration. |
10 | Section 1203. Execution of Laws; Powers of Sheriff Conferred; |
11 | Emergency Powers. |
12 | Section 1204. Official Seal of Mayor. |
13 | Section 1205. Supervision of Conduct of City Officers. |
14 | Section 1206. Report of Mayor to Council; Information from |
15 | Directors of Departments. |
16 | Section 1207. Power to Take Acknowledgments and Oaths and to |
17 | Formalize Marriages. |
18 | Section 1208. Salary. |
19 | Section 1209. Acting Mayor; Powers and Duties. |
20 | ARTICLE XIII |
21 | CITY ADMINISTRATOR OR MANAGER |
22 | Section 1301. Office of City Administrator or Manager. |
23 | Section 1302. Appointment; Selection; Removal. |
24 | Section 1303. Employment Agreement. |
25 | Section 1304. Residency; Elective City Office. |
26 | Section 1305. Powers and Duties. |
27 | ARTICLE XIV |
28 | THE CITY TREASURER |
29 | Section 1401. Qualifications. |
30 | Section 1402. Bond; Insurance; Salary. |
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1 | Section 1402.1. City Treasurer to be Tax Collector. |
2 | Section 1402.2. Date of Delivery of Duplicate; Collection. |
3 | Section 1402.3. Tax Liens; Schedule of Uncollected Taxes; |
4 | Liability for False Return. |
5 | Section 1403. Receipt and Payment of Moneys; Daily Transmittal |
6 | of Receipts; Duplicates. |
7 | Section 1404. Method of Keeping Accounts. |
8 | Section 1405. Moneys Appropriated Only to be Paid Out. |
9 | Section 1406. Depositories of City Funds Entrusted to the |
10 | Treasurer by City Council. |
11 | Section 1407. Delivery of City Property in His or Her |
12 | Possession to Successor. |
13 | Section 1408. Appointment of Deputy Treasurer and Employes; |
14 | Powers; Responsibility. |
15 | ARTICLE XV |
16 | THE CITY ENGINEER |
17 | Section 1501. Appointment of City Engineer. |
18 | Section 1502. Control of Engineering Matters. |
19 | Section 1503. Duties. |
20 | Section 1504. Certifying Commencement and Completion of |
21 | Municipal Improvements. |
22 | Section 1505. Surveys; Entering Upon the Lands of Others. |
23 | ARTICLE XVI |
24 | THE CITY SOLICITOR |
25 | Section 1601. Appointment of City Solicitor. |
26 | Section 1602. Direction of Legal Matters. |
27 | Section 1603. Duties. |
28 | Section 1604. Written Opinions to be Furnished. |
29 | Section 1607. Satisfaction of Liens Due City. |
30 | Section 1609. Assistant Solicitor. |
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1 | Section 1610. Special Counsel. |
2 | ARTICLE XVII |
3 | THE CITY CONTROLLER |
4 | AND INDEPENDENT AUDITOR |
5 | (a) City Controller |
6 | Section 1701. Qualifications; Bond; Compensation. |
7 | Section 1704. Powers and Duties. |
8 | Section 1704.1. Deputy Controller; Employes. |
9 | Section 1704.2. Temporary Deputy Controller. |
10 | Section 1704.3. Continuation of Office. |
11 | (b) Independent Auditor |
12 | Section 1704.11. Appointment of an Independent Auditor. |
13 | Section 1704.12. Powers and Duties of the Independent Auditor. |
14 | Section 1705. Annual Report to Council; Filing Copy in Court |
15 | and Appeal. |
16 | ARTICLE XVIII |
17 | ACCOUNTS AND FINANCES |
18 | Section 1801. Fiscal Year. |
19 | Section 1802. Chief Fiscal Officer; Bond; Administering Oaths. |
20 | Section 1803. Deputy. |
21 | Section 1804. Regulations Concerning Appropriation. |
22 | Section 1804.1. Investment of City Funds. |
23 | Section 1805. Countersigning Documents; Money Available; |
24 | Evidence Required. |
25 | Section 1806. Record of Assets, Property, Trusts, Debts Due, |
26 | Receipts and Expenditures. |
27 | Section 1807. Supervision of Accounts of Departments. |
28 | Section 1808. Suggestions for Improvement of City Finances. |
29 | Section 1809. Annual Budget; Presentation to Council; Notice; |
30 | Revision; Adoption. |
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1 | Section 1810. Amending Budget; Notice. |
2 | Section 1811. Appropriations; Tax Rate; Limitations. |
3 | Section 1811.2. Borrowing in Anticipation of Current Revenue. |
4 | Section 1812. Annual Reports; Publication; Filing Report with |
5 | Department of Community and Economic Development; |
6 | Penalty. |
7 | Section 1813. Committee to Prepare Uniform Forms. |
8 | Section 1814. Annual Reports to Council on Insurance and Bonds. |
9 | ARTICLE XIX |
10 | CONTRACTS |
11 | Section 1901. Power to Make and Regulate the Awarding of |
12 | Contracts. |
13 | Section 1901.1. Contracts or Purchases in Excess of Twenty-five |
14 | Thousand Dollars. |
15 | Section 1901.2. Contracts or Purchases Not in Excess of Twenty- |
16 | five Thousand Dollars. |
17 | Section 1901.3. Determining Amount of a Contract. |
18 | Section 1901.4. Contracts or Purchases Not Requiring |
19 | Advertising or Bidding. |
20 | Section 1901.5. Receipt, Opening, Award or Rejection of Bids. |
21 | Section 1901.6. Bid, Performance and Payment Security. |
22 | Section 1901.7. Compliance With Other Laws. |
23 | Section 1901.8. Prohibitions. |
24 | Section 1901.9. Lowest Responsible Bidder. |
25 | Section 1902. Evasion of Advertising Requirements. |
26 | Section 1906. Designation of Appropriations; Certification in |
27 | Excess of Appropriation; Contracts for Governmental |
28 | Services for More than One Year. |
29 | Section 1908.1. Purchase Contracts for Petroleum Products; Fire |
30 | Company, Etc., Participation. |
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1 | Section 1909. Separate Bids for Plumbing, Heating, Ventilating |
2 | and Electrical Work, Elevators and Escalators. |
3 | Section 1910. Acceptance by Contractor of Workers' Compensation |
4 | Act. |
5 | Section 1911. Contracts for Improvements; Assignment of |
6 | Assessments. |
7 | Section 1912. Architects and Engineers in Employ of City; |
8 | Prohibitions from Bidding on Public Works; Penalty. |
9 | Section 1916. Contracts with Passenger or Transportation |
10 | Companies. |
11 | Section 1917. Sales of Real and Personal Property. |
12 | Section 1919. Sale of Real and Personal Property to Certain |
13 | Entities. |
14 | ARTICLE XX |
15 | POLICE FORCE |
16 | Section 2001. Appointment, Number, Rank, Compensation and |
17 | Qualifications of Police Officers. |
18 | Section 2002. Designation of Chief and Other Officers. |
19 | Section 2003. Extra Police Officers; Compensation. |
20 | Section 2005. Powers of Police Officers to Arrest. |
21 | Section 2006. Service of Process; Fees; Payment into Treasury. |
22 | Section 2007. Supervision by Mayor. |
23 | Section 2008. Extra Compensation Prohibited; Exception; |
24 | Penalty. |
25 | Section 2009. Compensation or Insurance for Volunteer Police |
26 | Officer. |
27 | Section 2010. School Crossing Guards. |
28 | ARTICLE XXI |
29 | FIRE BUREAU |
30 | Section 2101. Organization of Fire Bureau; Maintenance; |
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1 | Apparatus. |
2 | Section 2101.1. Appointment and Demotion of Fire Chief and |
3 | Deputy Fire Chief. |
4 | Section 2102. Paid Bureau; Election of Officers and Companies. |
5 | Section 2103. Platoon System; Hours of Service; Vacation; Sick |
6 | Leave. |
7 | Section 2104. Fire Marshal; Powers. |
8 | Section 2105. Obstructing Fire Marshal; Fine. |
9 | Section 2106. Investigation of Cause of Fire; Power of the |
10 | Mayor. |
11 | Section 2107. Fire Chief Ex-officio Fire Marshal. |
12 | Section 2108. Compensation Insurance for Injured Volunteer |
13 | Firefighters or Special Fire Police. |
14 | Section 2109. Salary of Nonunion City Fire Officers. |
15 | ARTICLE XXII |
16 | SURVEYS AND SURFACE SUPPORT |
17 | IN COAL MINING AREAS |
18 | Section 2203. Survey of Mines. |
19 | Section 2204. Operators to Furnish Maps; Contents. |
20 | Section 2205. Extensions to be Placed on Maps. |
21 | Section 2206. Certain Surface Supports Not to be Removed. |
22 | Section 2207. Penalty for Surface Support Violations. |
23 | Section 2209. Enactment of Ordinances. |
24 | ARTICLE XXIII |
25 | PUBLIC HEALTH |
26 | (a) Board of Health |
27 | Section 2301. Board of Health. |
28 | Section 2302. Members of Appointed Boards of Health. |
29 | Section 2303. Oath of Office; Organization; Secretary. |
30 | Section 2304. Duties of Secretary. |
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1 | Section 2305. Health Officer; Qualifications; Oath. |
2 | Section 2306. Duties of Health Officer. |
3 | Section 2307. Duties of Board of Health. |
4 | Section 2308. Powers of Board of Health. |
5 | Section 2309. Effect of Rules and Regulations. |
6 | Section 2310. Fees and Penalties. |
7 | Section 2311. Proceedings of Board to be Public. |
8 | (b) Public Nuisances Detrimental |
9 | to Public Health |
10 | Section 2320. Determination of Public Nuisances. |
11 | Section 2321. Abatement of Public Nuisances by Designated |
12 | Department. |
13 | (c) Corporations Acting as Boards of Health |
14 | Section 2330. Board of Directors of Corporation to be Appointed |
15 | Members of Board of Health. |
16 | Section 2332. Power of Board. |
17 | Section 2333. Health Officer. |
18 | Section 2334. Secretary. |
19 | Section 2335. Filling of Vacancies. |
20 | Section 2337. No Compensation for Members. |
21 | Section 2338. Applicability of Subdivision. |
22 | (d) Penalty |
23 | Section 2340. Penalty. |
24 | ARTICLE XXIV |
25 | CORPORATE POWERS |
26 | Section 2402. Powers of Cities. |
27 | Section 2402.1. City Property and Affairs. |
28 | Section 2403. Payment of Debts and Expenses. |
29 | Section 2404. Creation of Capital and Operating Reserve Funds. |
30 | Section 2405. Hiring of Employes; Salaries. |
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1 | Section 2406. Creation of Necessary Offices or Boards. |
2 | Section 2407. Lockups. |
3 | Section 2408. Market Places. |
4 | Section 2409. Accumulation of Ashes, Garbage, Solid Waste and |
5 | Refuse Materials. |
6 | Section 2410. Regulation of Pets and Feral Animals. |
7 | Section 2411. Inspection and Regulation of Fireplaces, |
8 | Chimneys, Et Cetera; Smoke Regulations. |
9 | Section 2412. Fireworks and Flammable Articles. |
10 | Section 2413. Regulation of Division Fences, Party Walls, |
11 | Foundations. |
12 | Section 2414. Nuisances. |
13 | Section 2415. Regulation of Encroachments. |
14 | Section 2416. Shade Trees. |
15 | Section 2417. Numbering of Buildings. |
16 | Section 2418. Transportation Stands. |
17 | Section 2419. Police Force. |
18 | Section 2420. Police Regulations. |
19 | Section 2421. Rewards. |
20 | Section 2422. Prevent Riots. |
21 | Section 2423. Regulate Discharge of Guns and Deadly Weapons. |
22 | Section 2424. Racing; Dangerous Practices; Et Cetera. |
23 | Section 2425. Bathing; Recreational Swimming Establishments; |
24 | Boat Houses and Bath Houses. |
25 | Section 2426. Musical Entertainment. |
26 | Section 2427. Aid to Historical Societies. |
27 | Section 2428. Establishment of Institutions to Collect |
28 | Educational Collections. |
29 | Section 2429. Ambulances and Rescue and Life Saving Services. |
30 | Section 2430. Insurance. |
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1 | Section 2431. Parking Lots. |
2 | Section 2432. Disorderly Conduct. |
3 | Section 2433. Official Expenses on City Business. |
4 | Section 2434. Municipality Authorities; Cooperation with Other |
5 | Political Subdivisions. |
6 | Section 2435. Local Self-Government. |
7 | Section 2436. Historical Property. |
8 | Section 2437. Appropriations for Handling, Storage and |
9 | Distribution of Surplus Foods. |
10 | Section 2438. Junk Dealers and Junk Yards. |
11 | Section 2439. Appropriations for Industrial Promotions. |
12 | Section 2440. Non-debt Revenue Bonds. |
13 | Section 2441. Appropriations for Urban Common Carrier Mass |
14 | Transportation. |
15 | Section 2442. Appropriation for Nonprofit Art Corporation. |
16 | Section 2443. Ratification and Validation of Real Estate Sales. |
17 | Section 2444. Maintenance and Validation of Certain Records. |
18 | Section 2445. Rights Within Streets and Rights-of-Way. |
19 | Section 2446. Emergency Services. |
20 | Section 2447. Charitable Purposes. |
21 | ARTICLE XXV |
22 | TAXATION |
23 | (a) Assessments of Property for Taxation |
24 | Section 2522. Assessment Powers. |
25 | (b) Levy and Collections |
26 | Section 2531. Tax Levies. |
27 | Section 2531.1. Exemptions from Taxation. |
28 | Section 2531.2. Certification of Schedule. |
29 | (c) Sales of Real Estate for Delinquent Taxes |
30 | Section 2542.1. Public Sale of Property to Satisfy Tax Claims. |
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1 | Section 2543. Certification of Schedules to Treasurer. |
2 | Section 2546. Record of Sales and Resale. |
3 | Section 2562.1. Conduct of Tax Sales. |
4 | ARTICLE XXVI |
5 | LICENSES AND LICENSE FEES |
6 | Section 2601. Licensing and Regulatory Powers. |
7 | Section 2601.1. Registration of Businesses or Occupations. |
8 | Section 2602. Regulation of Motor Vehicles. |
9 | Section 2603. Licensing of Plumbers. |
10 | Section 2604. Power to Regulate and License Transient |
11 | Merchants. |
12 | Section 2605. Regulation of Special Events. |
13 | Section 2650. Regulation of Parking Lot and Parking Garage |
14 | Operators. |
15 | Section 2651. Farmers. |
16 | Section 2652. Insurance Business. |
17 | Section 2653. Persons Taking Orders by Samples. |
18 | Section 2654. Commonwealth License Saved. |
19 | ARTICLE XXVII |
20 | REAL ESTATE REGISTRY |
21 | Section 2704. Real Estate Registry. |
22 | ARTICLE XXVII-A |
23 | NUISANCE ABATEMENT |
24 | Section 2701-A. Definitions. |
25 | Section 2702-A. Report and Investigation of a Public Nuisance. |
26 | Section 2703-A. Summary Abatement. |
27 | Section 2704-A. Prior Notice of Abatement. |
28 | Section 2705-A. Abatement by Owner. |
29 | Section 2706-A. Appeal After Notice; Hearing. |
30 | Section 2707-A. Abatement by City After Notice; Statement of |
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1 | Costs. |
2 | Section 2708-A. Assistance in Abatement. |
3 | Section 2709-A. Salvage of Material. |
4 | Section 2710-A. Notice of Assessment; Appeal of Charges. |
5 | Section 2711-A. Personal Liability of Owner. |
6 | Section 2712-A. Administrative Fee and Civil Penalties. |
7 | ARTICLE XXVIII |
8 | EMINENT DOMAIN |
9 | Section 2801. Exercise of Eminent Domain. |
10 | Section 2802. Restrictions as to Certain Property. |
11 | Section 2803. Title Acquired. |
12 | Section 2824. Assessment Awards. |
13 | ARTICLE XXIX |
14 | STREETS |
15 | Section 2901. Map of Streets. |
16 | Section 2902. Laying Out Streets. |
17 | Section 2903. Effect of Laying Out of Street. |
18 | Section 2904. Improvements Within Laid-Out Streets. |
19 | Section 2915. Power to Open, Etc. |
20 | Section 2916. Ordinances When No Petition is Presented. |
21 | Section 2917. Erection of Improvements Restricted. |
22 | Section 2918. Petition for Opening, Etc. |
23 | Section 2919. Notice of Petition. |
24 | Section 2922. Assessment of Damages and Benefits. |
25 | Section 2930. Power to Grade, Pave, Macadamize, Et Cetera. |
26 | Section 2931. Payment of Cost of Improvement. |
27 | Section 2938. Preparation of Streets for Paving or Repairing. |
28 | Section 2939. Highways in Cities. |
29 | Section 2950. Grade Crossing; Pennsylvania Public Utility |
30 | Commission; Jurisdiction; Damages. |
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1 | Section 2955. Acquisition of Unobstructed Views. |
2 | Section 2960. Use of Abutting Lands for Embankments, Slopes, |
3 | Fills, and Culverts. |
4 | Section 2970. Appropriation for Connections with Highways. |
5 | Section 2975. Street Closings; Detours. |
6 | Section 2985. Maintenance of Streets Forming Boundaries. |
7 | Section 2986. Streets, the Center Line of Which Is the Boundary |
8 | Between a City and Another Municipal Corporation. |
9 | Section 2988. Streets More Than Half of Whose Width is Within |
10 | City. |
11 | Section 2989. Assessment for Improvements on Property Outside |
12 | Limits Where Street Entirely Within City. |
13 | ARTICLE XXX |
14 | SIDEWALKS |
15 | Section 3001. Power to Lay Out and Grade Sidewalks; Compel |
16 | Construction of Sidewalks. |
17 | Section 3002. Construction by Cities Upon Failure of Owner So |
18 | to Do; Collection of Cost. |
19 | Section 3002.1. Ordinances. |
20 | Section 3003. Emergency Repairs; Notice; Cost. |
21 | ARTICLE XXXI |
22 | BRIDGES |
23 | Section 3101. Construction and Maintenance of Bridges. |
24 | Section 3102. Ordinance for Location of Bridges; Procedure. |
25 | Section 3103. Right to Appropriate Property; Assessment of |
26 | Damages. |
27 | Section 3110. Agreement for Joint Construction and Maintenance. |
28 | Section 3114. Recording of Contract. |
29 | Section 3115. Power to Construct Boundary Bridges. |
30 | Section 3135. Acquisition of Existing Bridges. |
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1 | ARTICLE XXXII |
2 | SANITARY SEWERS |
3 | Section 3201. Construction of Sanitary Sewers; Cost; Eminent |
4 | Domain. |
5 | Section 3201.1. Required Connection; Fees. |
6 | Section 3206. Construction of Sanitary Sewage Treatment Works; |
7 | Assessment of Cost. |
8 | Section 3213.1. Rental Fees or Charges. |
9 | Section 3222.1. Acquisition of Existing Sanitary Sewer Systems. |
10 | Section 3230. Sewers Outside Cartway and Curb Lines. |
11 | Section 3240. Building Joint Sewers. |
12 | Section 3241. Approval of Department of Environmental |
13 | Protection. |
14 | Section 3245.1. Municipal Corporation; Municipal Authority; |
15 | Agreements for Connections; Appointment of Viewers. |
16 | Section 3250. Sewers Extending Outside of City. |
17 | ARTICLE XXXIV |
18 | WATERCOURSES, FLOOD PROTECTION PROJECTS |
19 | AND STORM WATER SYSTEMS |
20 | Section 3401. Establishing and Changing Watercourses, Flood |
21 | Protection Projects and Storm Water Systems; Removing |
22 | Obstructions. |
23 | Section 3407. Assessment of Benefits; Liens. |
24 | Section 3408. Waters Excepted. |
25 | ARTICLE XXXV |
26 | UTILITY SERVICE |
27 | Section 3501.1. Right to Furnish Water, Lighting, Electric, Gas |
28 | or Other Similar Utility Service. |
29 | Section 3540.1. Power to Furnish Utilities to Consumers Outside |
30 | City. |
|
1 | Section 3585. Payment of Cost of Extensions. |
2 | Section 3587. Fixing Rates. |
3 | Section 3588. Collection of Utility Charges. |
4 | Section 3590. Disposition of Revenues. |
5 | ARTICLE XXXVI |
6 | PUBLIC BUILDINGS AND WORKS |
7 | Section 3601. Public Buildings Generally. |
8 | Section 3603. Payment of Cost of Erection and Maintenance. |
9 | Section 3605. Donation of Land by City for Library Purposes; |
10 | Contributions toward Maintenance. |
11 | Section 3606. Rental of Public Auditorium; Disposition of |
12 | Proceeds. |
13 | Section 3607. Long-Term Improvement Leases. |
14 | ARTICLE XXXVII |
15 | PARKS, PLAYGROUNDS, AND RECREATION CENTERS |
16 | Section 3703. Acquisition of Lands and Buildings. |
17 | Section 3703.1. Powers of Council; Delegation. |
18 | Section 3705. Creation and Composition of Recreation Board. |
19 | Section 3706. Organization of Board. |
20 | Section 3707. Joint Ownership and Maintenance. |
21 | Section 3708. Borrowing. |
22 | Section 3709. Maintenance and Tax Levy. |
23 | Section 3709.1. City Trusts. |
24 | Section 3718. Park Rangers. |
25 | ARTICLE XLI-A |
26 | UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE, |
27 | AND RESERVED POWERS |
28 | Section 4101-A. Primacy of Certain Codes. |
29 | Section 4102-A. Changes in Uniform Construction Code. |
30 | Section 4103-A. Public Nuisance. |
|
1 | Section 4104-A. Property Maintenance Code. |
2 | Section 4105-A. Reserved Powers. |
3 | ARTICLE XLII |
4 | AERONAUTICS |
5 | Section 4201. Power to Acquire Land for Aeronautical Purposes; |
6 | Maintenance of Municipal Airport. |
7 | Section 4203. Leasing of Land Acquired for Aeronautical |
8 | Purposes. |
9 | Section 4204. Operation of Facilities Jointly. |
10 | Section 4205. Appropriation for Support of Air Navigation |
11 | Facilities. |
12 | ARTICLE XLIII |
13 | PENSIONS |
14 | (a) Police |
15 | Section 4301. Police Pension Fund. |
16 | Section 4302. Retirement; Final Discharge. |
17 | Section 4302.1. Limited Vested Benefit. |
18 | Section 4303. Allowances and Service Increments. |
19 | Section 4303.1. Increase of Allowances After Retirement. |
20 | Section 4303.2. Total Disability. |
21 | Section 4304. Inalienable Rights in Fund. |
22 | Section 4305. Payments to Police Pension Fund by City. |
23 | Section 4306. Management of Police Pension Fund. |
24 | Section 4307. Trusts for Benefit of Police Pension Fund. |
25 | Section 4308. Repayment Before Retirement. |
26 | Section 4309. Definitions. |
27 | (b) Firefighters |
28 | Section 4320. Firefighters' Pension Fund; Management; Annuity |
29 | Contracts. |
30 | Section 4320.1. Limited Vested Benefit for Firefighters. |
|
1 | Section 4321. Retirement; Final Discharge. |
2 | Section 4322. Pensions and Service Increments. |
3 | Section 4322.1. Increase of Allowances After Retirement. |
4 | Section 4323. Causes for Forfeiture of Rights in Fund; Other |
5 | Employments. |
6 | Section 4324. Payments to Firefighters' Pension Fund by City. |
7 | Section 4325. Transfers from Other Pension Funds. |
8 | Section 4326. Trusts for Benefit of Firefighters' Pension Fund. |
9 | Section 4327. Repayment Before Retirement. |
10 | Section 4328. Definitions. |
11 | (c) Pension Funds for Employes Other Than |
12 | Police Officers and City-Paid Firefighters |
13 | Section 4340. Pension Funds for Employes other than Police or |
14 | City-Paid Firefighters. |
15 | Section 4341. Pension Board; Duties. |
16 | Section 4342. Retirement Age. |
17 | Section 4343. Retirement Allowance; Proof of Disability; Joint |
18 | and Single Coverage Members Defined. |
19 | Section 4343.1. Retirement Allowances; Full Coverage; Payments. |
20 | Section 4343.2. Limited Vested Benefit. |
21 | Section 4344. Amount of Payments into Fund; Repayment before |
22 | Retirement. |
23 | Section 4344.1. Determination of Liability Upon Extension of |
24 | Social Security. |
25 | Section 4345. Payments by Laborers Optional. |
26 | Section 4346. Heads of Departments to Certify List of Employes. |
27 | Section 4347. Receipt, Investment and Payment of Funds. |
28 | Section 4348. Appropriations and Contributions to Fund. |
29 | Section 4349. Application. |
30 | Section 4350. Computation of Time of Service. |
|
1 | Section 4351. Funds Payable to be Free of Attachment. |
2 | Section 4352. Definitions. |
3 | Section 4353. Beneficiaries of Fund not to be Employed by City. |
4 | (d) Beneficiaries Serving in Elective Office |
5 | Section 4361. Right to a Pension if Salary Refused. |
6 | ARTICLE XLIV |
7 | CIVIL SERVICE |
8 | Section 4401. Examinations Required of All Appointees. |
9 | Section 4402. Appointment of Examining Board. |
10 | Section 4402.1. Existing Civil Service Positions. |
11 | Section 4403. Terms; Filling of Vacancies; Compensation; |
12 | Quorum. |
13 | Section 4403.1. Alternate Board Members. |
14 | Section 4403.2. Investigations and Subpoenas. |
15 | Section 4404. Rules and Regulations; Examinations. |
16 | SECTION 4404.1. Physical and Psychological Medical |
17 | Examinations. |
18 | Section 4405.1. Veterans' Preference. |
19 | Section 4406. Selection of Appointee from Certified List of |
20 | Applicants. |
21 | Section 4406.1 Promotions. |
22 | Section 4407. Tenure; Temporary Appointments. |
23 | Section 4408. Suspension, Discharge and Discipline; Reduction |
24 | of Employes; Appeals. |
25 | Section 4409. Secretary; Compensation. |
26 | Section 4410. Review of Eligibility Lists. |
27 | ARTICLE XLIV-A |
28 | VETERANS' AFFAIRS |
29 | (a) Support of Veterans' Organizations |
30 | Section 4401-A. Appropriation to Post of Veterans. |
|
1 | Section 4402-A. Rooms for Meetings of Veterans. |
2 | (b) Pennsylvania National Guard |
3 | Section 4411-A. Support of Pennsylvania National Guard Units. |
4 | Section 4412-A. Appropriation of Money, Et Cetera, to Assist in |
5 | Erection of Armories. |
6 | Section 4413-A. Eminent Domain for National Guard Purposes. |
7 | Section 4414-A. Lands for Armory Purposes. |
8 | (c) Burials and Memorials |
9 | Section 4421-A. Purchase of Burial Grounds for Deceased Service |
10 | Persons. |
11 | Section 4422-A. Care of Memorials. |
12 | Section 4423-A. Memorial Trees. |
13 | Section 4424-A. Penalty for Injury to Memorial Trees. |
14 | ARTICLE XLV-A |
15 | ASSESSMENTS FOR PUBLIC IMPROVEMENTS |
16 | Section 4501-A. Authority to Assess. |
17 | Section 4502-A. Method of Assessment. |
18 | Section 4503-A. Notice of Assessment. |
19 | Section 4504-A. Appeals to Court. |
20 | Section 4505-A. Benefits and Damages. |
21 | Section 4506-A. Return by City of Assessments Paid on Property |
22 | Unlawfully Assessed. |
23 | Section 4507-A. Payment of Assessments in Installments. |
24 | Section 4508-A. Collection of Assessments. |
25 | ARTICLE XLVI |
26 | COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND |
27 | COMPROMISE OF CLAIMS |
28 | Section 4601. Collection of Municipal Claims by Suit. |
29 | Section 4602. Compromise of Municipal Claims. |
30 | ARTICLE XLVII |
|
1 | ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE |
2 | Section 4701. Repeals and Savings Clause. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Article I heading of the act of June 23, 1931 |
6 | (P.L.932, No.317), known as The Third Class City Code, reenacted |
7 | and amended June 28, 1951 (P.L.662, No.164), is reenacted to |
8 | read: |
9 | ARTICLE I |
10 | PRELIMINARY PROVISIONS |
11 | Section 2. Sections 101, 102, 103, 104, 105, 106, 107, 108 |
12 | and 109 of the act are amended to read: |
13 | Section 101. Short Title.--This act shall be known[,] and |
14 | may be cited[,] as "The Third Class City Code." |
15 | Section 102. Definitions.--The following words and terms, as |
16 | used in this act, shall have the meanings herein assigned to |
17 | them, unless the context clearly indicates otherwise: |
18 | ["City," a city of the third class. |
19 | "Street," any street, avenue, boulevard, parkway, road, lane, |
20 | court, alley, or public square within the city, and any highway |
21 | within the city, as provided in section two thousand nine |
22 | hundred thirty-nine of this act. |
23 | "Highway," a state highway of the Commonwealth of |
24 | Pennsylvania. |
25 | "Bill," any] "Bill." Any proposed ordinance introduced in |
26 | council. |
27 | "City." A city of the third class. |
28 | "Highway." A State highway of the Commonwealth of |
29 | Pennsylvania. |
30 | "Home Rule Charter and Optional Plans Law." The provisions |
|
1 | of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and |
2 | optional plan government) and, where applicable, the former act |
3 | of April 13, 1972 (P.L.184, No.62), known as the "Home Rule |
4 | Charter and Optional Plans Law." |
5 | "Municipal authority" or "municipality authority." A body |
6 | politic and corporate created under 53 Pa.C.S. Ch. 56 (relating |
7 | to municipal authorities), under the former act of May 2, 1945 |
8 | (P.L.382, No.164), known as the "Municipality Authorities Act of |
9 | 1945," or under the former act of June 28, 1935 (P.L.463, |
10 | No.191), known as the "Municipality Authorities Act of one |
11 | thousand nine hundred and thirty-five." |
12 | "Municipal Claim and Tax Lien Law." The act of May 16, 1923 |
13 | (P.L.207, No.153), referred to as the Municipal Claim and Tax |
14 | Lien Law. |
15 | "Municipal corporation." A city, borough, incorporated town, |
16 | or township. |
17 | "Municipalities Planning Code." The act of July 31, 1968 |
18 | (P.L.805, No.247), known as the "Pennsylvania Municipalities |
19 | Planning Code." |
20 | "Municipality." A county, city, borough, incorporated town |
21 | or township. |
22 | "Newspaper." A newspaper of general circulation as defined |
23 | in 45 Pa.C.S. § 101 (relating to definitions). |
24 | "Pennsylvania Construction Code Act." The act of November |
25 | 10, 1999 (P.L.491, No.45), known as the "Pennsylvania |
26 | Construction Code Act." |
27 | "Pennsylvania Election Code." The act of June 3, 1937 |
28 | (P.L.1333, No.320), known as the "Pennsylvania Election Code." |
29 | "Street." Any street, avenue, boulevard, parkway, road, |
30 | lane, court, alley or public square within the city, and any |
|
1 | highway within the city to the extent that the city is legally |
2 | responsible for it, pursuant to agreement or otherwise. |
3 | Section 103. Excluded Provisions.--This act shall not be |
4 | construed to repeal any acts relating to: |
5 | (a) The collection of municipal and tax claims by liens; |
6 | (b) The method of incurring and increasing [of] city |
7 | indebtedness; |
8 | (c) Conduct of elections; |
9 | (d) Public schools, except the collection of school taxes by |
10 | the city treasurer; |
11 | (e) [Aldermen] (Reserved); |
12 | (f) Constables; |
13 | (g) The giving of municipal consent to public [service |
14 | companies] utilities; |
15 | (h) Weights and measures; |
16 | (i) Validations of elections, bonds, ordinances, and acts of |
17 | corporate officers; |
18 | (j) Joint city and county buildings; |
19 | (k) Libraries; |
20 | (l) State highways; |
21 | (m) The joint or several authorities or duties pertaining to |
22 | cities as well as to other classes of political subdivisions by |
23 | virtue of general acts of Assembly. |
24 | Section 104. Construction of Act Generally to Preserve |
25 | Existing Situations.--(a) The provisions of this act, so far as |
26 | they are the same as those of existing laws, are intended as a |
27 | continuation of such laws and not as new enactments. The repeal |
28 | by this act of any act of Assembly, or part thereof, shall not |
29 | revive any act, or part thereof, heretofore repealed or |
30 | superseded, nor affect the corporate existence of any city |
|
1 | heretofore incorporated. The provisions of this act shall not |
2 | affect any act done, liability incurred, or right accrued or |
3 | vested, or affect any suit or prosecution pending or to be |
4 | instituted to enforce any right or penalty or punish any offense |
5 | under the authority of such repealed laws. All ordinances, |
6 | resolutions, regulations and rules made pursuant to any act of |
7 | Assembly repealed by this act[,] shall continue with the same |
8 | force and effect as if such act had not been repealed. Any |
9 | person holding office or position under or by virtue of any act |
10 | of Assembly repealed by this act shall continue to hold such |
11 | office or position until the expiration of the term thereof, |
12 | subject to the conditions and tenure attached to such office or |
13 | position prior to the passage of this act. |
14 | (b) A city shall possess, and city council and other city |
15 | officials may execute, the corporate powers and duties as |
16 | provided in this act and in other laws to the extent that these |
17 | powers and duties are not repealed by this act. |
18 | Section 105. Constitutional Construction.--The provisions of |
19 | this act shall be severable[, and, if]. If any of its provisions |
20 | shall be held to be unconstitutional, the decision so holding |
21 | shall not be construed to affect the validity of any of the |
22 | remaining provisions of this act. It is hereby declared as the |
23 | legislative intent that this act would have been adopted had |
24 | such unconstitutional provisions not been included therein. |
25 | Section 106. Construction of References.--Whenever in this |
26 | act reference is made to any act by title or otherwise, [such] |
27 | the reference shall be construed to apply to and include any |
28 | codification wherein the provisions of the act referred to are |
29 | substantially reenacted. |
30 | Section 107. Cities to Which Act Applies.--(a) This act |
|
1 | shall apply to [(a) all]: |
2 | (1) All cities which have been incorporated under or which |
3 | have accepted the provisions of the act of [Assembly, approved |
4 | the twenty-third day of May, one thousand eight hundred and |
5 | seventy-four (Pamphlet Laws 230)] May 23, 1874 (P.L.230, |
6 | No.152), entitled "An act dividing cities of this State into |
7 | three classes; regulating the passage of ordinances; providing |
8 | for contracts for supplies and work for said cities; authorizing |
9 | the increase of indebtedness, and the creation of a sinking fund |
10 | to redeem the same; defining and punishing certain offenses in |
11 | all of said cities; and providing for the incorporation and |
12 | government of the cities of the third [class," and the |
13 | amendments thereto; (b) all] class"; |
14 | (2) All cities which have been incorporated under the |
15 | provisions of the act of May [twenty-third, one thousand eight |
16 | hundred and eighty-nine (Pamphlet Laws 277)] 23, 1889 (P.L.277, |
17 | No.247), entitled "An act providing for the incorporation and |
18 | government of cities of the third [class," and the amendments |
19 | thereto; (c) all] class"; |
20 | (3) All cities which have been incorporated under the |
21 | provisions of the act of [Assembly, approved June twenty- |
22 | seventh, one thousand nine hundred and thirteen (Pamphlet Laws |
23 | 568)] June 27, 1913 (P.L.568, No.367), entitled "An act |
24 | providing for the incorporation, regulation, and government of |
25 | cities of the third class; regulating nomination and election of |
26 | municipal officers therein; and repealing, consolidating, and |
27 | extending existing laws in relation [thereto," and the |
28 | amendments thereto; (d) all] thereto"; |
29 | (4) All cities formed by the consolidation of boroughs |
30 | having voted separately to become cities in accordance with the |
|
1 | provisions of the act[, approved May twenty-fourth, one thousand |
2 | nine hundred and seventeen (Pamphlet Laws 262)] of May 24, 1917 |
3 | (P.L.262, No.143), entitled "An act to enable two or more |
4 | boroughs that are contiguous or in close proximity to be united |
5 | and to become one city, wherever each of said boroughs shall |
6 | have heretofore voted or shall hereafter vote to become a city |
7 | of the third class, under laws now enacted or which may |
8 | hereafter be enacted; and wherever each of said boroughs has |
9 | duly received or shall hereafter duly receive letters patent |
10 | constituting it a city of the third class, but where sufficient |
11 | time shall not have elapsed after the granting of such letters |
12 | patent for the holding of a municipal election; providing for |
13 | the consequences of such consolidation, the government of such |
14 | consolidated city, the payment of the indebtedness of each of |
15 | the united territories and the enforcement of debts and claims |
16 | due to and from each, and fixing the jurisdiction over the said |
17 | consolidated city in the courts of the county in which the |
18 | majority of its inhabitants shall reside"; [and (e) all] |
19 | (5) All cities incorporated under the provisions of this act |
20 | [as therein provided]. |
21 | (b) The application of this act in accordance with |
22 | subsection (a) shall not be construed as a limitation on the |
23 | ability of a city to do any of the following: |
24 | (1) To continue operating under the form of government |
25 | previously selected and exercising powers previously acquired by |
26 | the city in accordance with the act of July 15, 1957 (P.L.901, |
27 | No.399), known as the "Optional Third Class City Charter Law." |
28 | (2) To adopt or continue utilizing a form of government and |
29 | to acquire or continue exercising powers pursuant to an optional |
30 | plan or a home rule charter which have been or may be adopted in |
|
1 | accordance with the "Home Rule Charter and Optional Plans Law." |
2 | Section 108. Effective Date.--This act shall go into effect |
3 | on the first day of July, one thousand nine hundred and thirty- |
4 | one. [This reenactment, revision, amendment and consolidation of |
5 | the laws relating to cities of the third class shall become |
6 | effective on the first Monday of January, one thousand nine |
7 | hundred fifty-two.] |
8 | Section 109. Publication of Notices.--Whenever, under the |
9 | provisions of this act, advertisement, notice, or publication is |
10 | required to be published in [one] a newspaper, [such] the |
11 | publication shall be made one time, unless the provision |
12 | requiring publication specifies otherwise, in [a] at least one |
13 | newspaper [of general circulation, as defined by the Newspaper |
14 | Advertising Act of May sixteen, one thousand nine hundred and |
15 | twenty-nine (Pamphlet Laws 1784), printed in the city, if there |
16 | is such a newspaper, and if not, then in a newspaper circulating |
17 | generally in such city. If such notice is required to be |
18 | published in more than one newspaper, it shall be published in |
19 | at least one newspaper of general circulation, defined as |
20 | aforesaid, printed, if there be such a newspaper, or circulating |
21 | generally as above provided in the city]. When [such] the notice |
22 | relates to any proceeding or matter in any court, or the holding |
23 | of an election for the increase of indebtedness, or the issue |
24 | and sale of bonds to be paid by taxation, [such] the notice |
25 | shall also be published in the legal newspaper, if any, |
26 | designated by the rules of court of the proper county for the |
27 | publication of legal notices and advertisements, unless such |
28 | publication be dispensed with by special order of court[: |
29 | Provided, however, That ordinances, auditor's statements, |
30 | summaries of auditor's statements, advertisements inviting |
|
1 | proposals for public contracts and for bids for materials and |
2 | supplies, or lists of delinquent taxpayers, shall be published |
3 | only in newspapers of general circulation, defined as |
4 | aforesaid]. |
5 | Section 3. Article II heading of the act is amended to read: |
6 | ARTICLE II |
7 | PROCEDURES FOR INCORPORATION |
8 | Section 4. The act is amended by adding a section to read: |
9 | Section 200. Definitions.--The following words and terms, as |
10 | used in this article, shall have the meanings assigned to them |
11 | in this section, unless the context clearly indicates otherwise: |
12 | "Incorporation resolution." A resolution to submit, at any |
13 | general or municipal election, a referendum question to the |
14 | registered voters of a municipal corporation. |
15 | "Municipal corporation." A borough, a township of the first |
16 | class, a township of the second class or an incorporated town. |
17 | "Referendum question." The question of whether a municipal |
18 | corporation shall become incorporated as a city of the third |
19 | class to be known as the "City of ........................." |
20 | Section 5. Sections 201, 202 and 203 of the act are amended |
21 | to read: |
22 | Section 201. Creation of Cities.--Cities of the third class |
23 | shall be chartered [whenever a majority of the electors of any |
24 | town, township, or borough, or any two or more contiguous towns, |
25 | townships, or boroughs, or any combination thereof, situate |
26 | within the limits of the same county or situate in two or more |
27 | contiguous counties, and having separately or together, as the |
28 | case may be, a population of at least ten thousand according to |
29 | the last preceding United States census, shall each separately |
30 | vote at any general or municipal election in favor of the same.] |
|
1 | as follows: |
2 | (1) A single municipal corporation, having a population of |
3 | at least ten thousand according to the last preceding United |
4 | States census, may be incorporated as a city in accordance with |
5 | this article, if a majority of the registered voters in the |
6 | municipal corporation cast an affirmative vote in favor of the |
7 | referendum question. |
8 | (2) Two or more contiguous municipal corporations, having |
9 | together a population of at least ten thousand according to the |
10 | last preceding United States census, may be incorporated as a |
11 | city by utilizing 53 Pa.C.S. Ch. 7 Subch. C (relating to |
12 | consolidation and merger) and, in accordance therewith, |
13 | determine whether the newly incorporated city shall be governed |
14 | by this act and other general laws applicable to and governing |
15 | cities. |
16 | [Section 202. Resolution to Submit Question to Electors.-- |
17 | The corporate authorities of any town, township, or borough, or |
18 | of any contiguous towns, townships, or boroughs, as the case may |
19 | be, may, on their own motion, or, upon petition of two hundred |
20 | or more qualified electors thereof, shall, by resolution duly |
21 | passed and recorded among the minutes, submit the question |
22 | whether such town, township, or borough, or whether any |
23 | contiguous towns, townships, or boroughs, shall become a city of |
24 | the third class, to the qualified electors thereof, to be known |
25 | as the "City of ........................." |
26 | Section 203. Notice of Election.--The said corporate |
27 | authorities shall give notice by the publication of said |
28 | resolution, once a week for four successive weeks prior to the |
29 | next general or municipal election, in not more than two |
30 | newspapers of general circulation published or circulating |
|
1 | generally in said towns, townships, and boroughs, in accord with |
2 | the provisions of section 109 of this act.] |
3 | Section 6. The act is amended by adding a section to read: |
4 | Section 203.1. Incorporating Resolution.--(a) The governing |
5 | body of a municipal corporation may adopt an incorporation |
6 | resolution. |
7 | (b) If two hundred or more registered voters of the |
8 | municipal corporation petition the governing body of the |
9 | municipal corporation for the adoption of a petition resolution, |
10 | the governing body shall adopt the same. |
11 | Section 7. Section 204 of the act is amended to read: |
12 | Section 204. Resolution Certified to County Board of |
13 | Election; Form of Question.--The [said corporate authorities |
14 | shall certify said] governing body of a municipal corporation |
15 | that adopts an incorporation resolution shall certify the |
16 | incorporation resolution to the county board of elections of the |
17 | proper county or counties[, who shall thereupon cause a proper |
18 | question to be submitted to the qualified electors at the said |
19 | general or municipal election in the said towns, townships, and |
20 | boroughs, in the manner required by the Pennsylvania Election |
21 | Code]. The county board of elections shall, at the general or |
22 | municipal election, in the manner required by the Pennsylvania |
23 | Election Code, submit a referendum question to the registered |
24 | voters of the municipal corporation that has certified an |
25 | incorporation resolution. |
26 | Section 8. The act is amended by adding a section to read: |
27 | Section 204.1. Notice of Election.--Notice of the election |
28 | at which registered voters of a municipal corporation will be |
29 | voting on a referendum question shall be given by the secretary |
30 | or other person designated by the municipal corporation. The |
|
1 | notice required by this section shall be published once a week |
2 | for four successive weeks in a newspaper in the municipal |
3 | corporation in which the referendum question will be submitted |
4 | to the registered voters. |
5 | Section 9. Section 205 of the act, amended October 5, 1967 |
6 | (P.L.327, No.143), is amended to read: |
7 | Section 205. Returns of Election.--[The county board of |
8 | elections shall make return of the vote cast on the question |
9 | submitted to the clerk of the court of the proper county or |
10 | counties, and to the respective corporate authorities of the |
11 | towns, townships and boroughs submitting such questions. If a |
12 | majority of the votes cast in each such town, township and |
13 | borough on the question shall be in favor of creating a city, |
14 | then returns thereof shall also be made by the county board of |
15 | elections to the Secretary of the Commonwealth and the |
16 | Department of Community Affairs.] (a) In each county in which a |
17 | referendum question is submitted to the registered voters of a |
18 | municipal corporation, the county board of elections shall make |
19 | return of the vote cast on the referendum question to the clerk |
20 | of the court for that county, and to the governing body of the |
21 | municipal corporation in which registered voters voted on a |
22 | referendum question. |
23 | (b) The county board of elections also shall make returns of |
24 | the vote cast on the referendum to the Secretary of the |
25 | Commonwealth and the Department of Community and Economic |
26 | Development, if a majority of the votes cast by the registered |
27 | voters of the municipal corporation are in favor of |
28 | incorporating as a city. |
29 | Section 10. Sections 206, 207, 208, 209 and 210 of the act |
30 | are amended to read: |
|
1 | Section 206. Effect of Vote Against [City Charter.--Whenever |
2 | by the returns of the election in any town, township, or |
3 | borough, it shall appear that in any one there is a majority |
4 | against the city charter] Incorporating as a City.--If the |
5 | returns show that a majority of registered voters in a municipal |
6 | corporation voted "no" on the referendum question, no further |
7 | proceeding shall be had, and it shall not be lawful to hold |
8 | another election upon the referendum question in [such town, |
9 | township, or borough] the municipal corporation until the third |
10 | general or municipal election thereafter occurring. |
11 | Section 207. Governor to Issue [Charter Where Vote for City |
12 | Charter] Letters Patent; Boundaries.--If [it shall appear by the |
13 | said returns that there is a majority of the votes cast on the |
14 | question in each town, township, and borough, aforesaid, in |
15 | favor of the city charter, the corporate authorities of all such |
16 | towns, townships, and boroughs] the returns show that a majority |
17 | of registered voters in a municipal corporation voted "yes" on |
18 | the referendum question, the governing body of the municipal |
19 | corporation shall, within sixty days after [such] the election, |
20 | furnish to the Secretary of the Commonwealth the necessary |
21 | information with respect to the boundaries of the new city, and |
22 | the Governor shall, as soon as may be, issue letters patent, |
23 | under the Great Seal of the Commonwealth, reciting the facts, |
24 | defining the boundaries of [said] the city, and constituting the |
25 | same a body corporate and politic by the name of the City |
26 | of......................... |
27 | Section 208. Property of Entities Vested in City.--All of |
28 | the property and estates whatsoever, real and personal, of the |
29 | [towns, townships, and boroughs,] municipal corporations which |
30 | shall have [thus] become a city in accordance with this article |
|
1 | are hereby severally and respectively vested in the corporation |
2 | or body politic of [said] the city[, by the name, style, and |
3 | title given thereto] for the use and benefit of the citizens |
4 | thereof. |
5 | Section 209. Existing Governments [Preserved Temporarily; |
6 | Organization of City.--The governments of the said towns, |
7 | townships, and boroughs] Temporarily Preserved; City |
8 | Organization.--(a) The government of the municipal corporation |
9 | shall continue in full force and operation, until the first |
10 | Monday of January next succeeding the municipal election |
11 | provided for in section 702 [of this act], at which time the |
12 | officers of [said] the city chosen at [said] the municipal |
13 | election shall enter upon their respective terms of service, and |
14 | the city government shall be duly organized under this act. |
15 | (b) Whenever, in the organization of the city government of |
16 | any newly incorporated city, any person is [elected] appointed |
17 | by council to any office for which this act provides a definite |
18 | term and fixes a definite time for the election of persons |
19 | thereto, the person so [elected] appointed shall serve only for |
20 | such time as intervenes between his [election] or her |
21 | appointment and the day fixed by this act for the regular |
22 | election or appointment of such officer for a full term. |
23 | Section 210. Existing Liabilities, Debts and Claims |
24 | Transferred to New City.--[All suits, prosecutions, debts, and |
25 | claims, whatsoever, of the said towns, townships and boroughs, |
26 | shall thereupon become transferred to the said city, which in |
27 | all suits pending shall be substituted as a party, and be under |
28 | the management and control thereof. All valid claims and demands |
29 | of whatsoever nature, whether payable presently or in the |
30 | future, existing against the said towns, townships, and boroughs |
|
1 | when the said charter shall go into operation, shall be |
2 | enforceable against the said city. The bonds and floating |
3 | indebtedness, and the interest thereon, of each of said towns, |
4 | townships and boroughs, contracted prior to such consolidation, |
5 | shall be paid by the said city thus organized and chartered, so |
6 | that the taxes shall be uniform throughout the territorial |
7 | limits of the whole city.] If a municipal corporation is |
8 | incorporated as a city in accordance with this article, the |
9 | following shall apply: |
10 | (1) All suits, prosecutions, debts and claims, whatsoever, |
11 | shall become transferred to the newly incorporated city. |
12 | (2) All pending suits involving the municipal corporation |
13 | shall be under the management and control of the newly |
14 | incorporated city which shall be substituted as a party therein. |
15 | (3) All valid claims and demands of whatsoever nature, |
16 | whether payable presently or in the future, existing against the |
17 | municipal corporation shall be enforceable against the city. |
18 | (4) The bonds and floating indebtedness, and the interest |
19 | thereon, existing at the time a municipal corporation became |
20 | incorporated as a city in accordance with this article shall be |
21 | paid by the newly incorporated city, so that the taxes shall be |
22 | uniform throughout the territorial limits of the whole city. |
23 | Section 11. Article II-A heading and sections 250, 251, 252, |
24 | 253, 254 and 255 of the act, added September 17, 1959 (P.L.913, |
25 | No.363) are repealed: |
26 | [ARTICLE II-A |
27 | ALTERNATIVE PROCEDURE FOR INCORPORATION |
28 | Section 250. Appointment of Charter Commission.--The |
29 | corporate authorities of any town, township, or borough or of |
30 | any combination of contiguous towns, townships or boroughs may |
|
1 | and, upon petition of two hundred or more qualified electors |
2 | thereof, shall petition the court of quarter sessions of the |
3 | county in which such towns, townships or boroughs are situate, |
4 | for the appointment of a charter commission to study and make |
5 | recommendations on the adoption of a form of city government for |
6 | such towns, townships or boroughs. Whenever any such towns, |
7 | townships or boroughs, or combination thereof, are situate in |
8 | more than one county, the petition shall be brought to the court |
9 | of quarter sessions of the county in which the larger percentage |
10 | of the population thereof are resident. |
11 | The charter commission so appointed shall consist of not less |
12 | than nine nor more than fifteen members who shall be qualified |
13 | electors of the town, township or borough, and if the petition |
14 | is brought on behalf of more than one town, township or borough, |
15 | the charter commission shall be appointed from among qualified |
16 | electors of each of such towns, townships or boroughs. |
17 | In every case, at least three members of the charter |
18 | commission shall be appointed from among the members of the |
19 | governing bodies of the towns, townships or boroughs bringing a |
20 | petition, and when two or more towns, townships or boroughs are |
21 | party to the petition, the court shall appoint at least one |
22 | member of the charter commission from among the members of the |
23 | governing bodies of each of such towns, townships or boroughs. |
24 | Section 251. Powers and Duties of Charter Commission.--The |
25 | charter commission shall organize and function in accordance |
26 | with the provisions of the Optional Third Class City Charter |
27 | Law, and in so far as the same are applicable, shall exercise |
28 | the same powers and perform the same duties as are conferred or |
29 | imposed upon charter commissions elected under the provisions of |
30 | the Third Class City Charter Law. |
|
1 | Members of the charter commission shall serve without |
2 | compensation, but shall be reimbursed by the towns, townships or |
3 | boroughs for their necessary expenses incurred in the |
4 | performance of their duties. The corporate authorities of the |
5 | towns, townships or boroughs shall appropriate reasonable sums |
6 | of money necessary for such purpose and for the work of the |
7 | charter commission as provided in the Optional Third Class City |
8 | Charter Law. |
9 | The charter commission shall report its recommendations at |
10 | the time and in the manner provided in the Optional Third Class |
11 | City Charter Law. In its report, the charter commission shall |
12 | recommend adoption of either the "commission" form of city |
13 | government as provided in this act, or one of the optional forms |
14 | of city government provided in the Optional Third Class Charter |
15 | Law. |
16 | Section 252. Election on the Question.--Within five days |
17 | after the charter commission reports its recommendations, the |
18 | corporate authorities of such towns, townships or boroughs shall |
19 | certify a copy of the commission's report to the county board of |
20 | elections, which shall cause the question of adoption or |
21 | rejection to be placed upon the ballot or voting machines at |
22 | such time as the commission shall in its report specify. The |
23 | question shall be submitted to the electors in the manner and at |
24 | the time provided in the Optional Third Class City Charter Law |
25 | and shall be in the following form: |
26 | Shall the.............................be incorporated into a | 27 | name of towns, townships or boroughs | 28 | city of the third class to be known as the city of............. | 29 | with a........................form of government providing for | 30 | name of form | | 1 | ..............................councilmen to be elected at large? | 2 | number of councilmen |
|
3 | Section 253. Return of Election; Effect of Vote.--(a) The |
4 | county board of elections shall make return of the vote cast on |
5 | the question as provided by law. If it appears that a majority |
6 | of the votes cast in each such town, township or borough on the |
7 | question shall be in favor of creating a city, the city shall be |
8 | incorporated as provided in this act. |
9 | (b) If, at such election, the electors have voted in favor |
10 | of adopting the commission form of government provided in this |
11 | act, the city officers shall be elected and the city shall be |
12 | organized and governed under the provisions of this act, the |
13 | same as though the election had been held under the provisions |
14 | of article II. of this act. |
15 | (c) If, at such election, the electors have voted in favor |
16 | of adopting one of the optional forms of government provided in |
17 | the Optional Third Class City Charter Law, the city shall be |
18 | governed under the applicable provisions of the Optional Third |
19 | Class City Charter Law, but the first city officers shall be |
20 | elected in accordance with the provisions of this subsection. |
21 | At the first municipal election occurring at least ninety |
22 | days after the date of the letters patent issued by the Governor |
23 | incorporating such city, the qualified electors of such city |
24 | shall elect the city officers appropriate to such optional form |
25 | of government. Except in the case of the first city council, |
26 | such officers shall be elected for the terms provided in the |
27 | Optional Third Class City Charter Law. The first councilmen |
28 | elected in such city shall be divided into two groups. One group |
29 | shall equal one more than one-half of all the councilmen and its |
30 | members shall serve for terms of four years. The second group |
|
1 | shall equal one less than one-half of all the councilmen and its |
2 | members shall serve for terms of two years. The members of the |
3 | first group shall be those councilmen receiving the greatest |
4 | number of votes at their election, and the members of the second |
5 | group shall be those councilmen receiving the next greatest |
6 | number of votes at their election. If two or more councilmen |
7 | received the same number of votes and one or more but not all of |
8 | them will be included in the first group, they shall draw lots |
9 | to determine which of them shall be included in the first group. |
10 | Thereafter, all councilmen shall be elected for the terms |
11 | provided in the Optional Third Class City Charter Law. |
12 | The governments of the towns, townships and boroughs, |
13 | comprising a city which elects its first officers under the |
14 | provisions of this subsection, shall continue in full force and |
15 | operation until the first Monday of January next succeeding such |
16 | election, at which time the officers of such city shall enter |
17 | upon their respective terms and the city government shall be |
18 | duly organized under the Optional Third Class City Charter Law. |
19 | (d) Whenever by the returns of the election in any town, |
20 | township or borough, it shall appear that in any one there is a |
21 | majority against the city charter and the form of city |
22 | government recommended by the charter commission, no further |
23 | proceedings shall be had and it shall not be unlawful to hold |
24 | another election upon the same question in such town, township |
25 | or borough during the period of four years following such |
26 | election, but the provisions of this subsection shall not affect |
27 | any proceedings under article II. of this act nor any subsequent |
28 | proceedings under the Optional Third Class City Charter Law. |
29 | Section 254. Proceedings are Additional.--The proceedings |
30 | authorized by this article are in addition to, and not in |
|
1 | substitution of, those proceedings authorized by article II. of |
2 | this act, but it shall not be lawful to institute proceedings |
3 | under either article while any proceedings under the other |
4 | article are unconcluded. |
5 | Section 255. Abandonment of Optional Form of Government.-- |
6 | Whenever, under the provisions of this article, the electors of |
7 | any towns, townships or boroughs elect to incorporate a city |
8 | with one of the optional forms of government provided in the |
9 | Optional Third Class City Charter Law, and later, at an election |
10 | held for that purpose under the Optional Third Class City |
11 | Charter Law, elect to abandon such optional form of government, |
12 | the city shall cease to be governed by the provisions of such |
13 | charter plan and the Optional Third Class City Charter Law on |
14 | the first Monday of January following the next succeeding |
15 | municipal election, and shall thereafter be governed under the |
16 | provisions of this act. The reversion to the form of government |
17 | provided by this act shall take effect as provided in article |
18 | VI. of the Optional Third Class City Charter Law for transition |
19 | to an optional form of government in so far as applicable, and |
20 | in addition any city offices which are elective under this act |
21 | but are not elective under such optional form of government, |
22 | shall be filled at such municipal election.] |
23 | Section 12. Article III heading of the act is reenacted to |
24 | read: |
25 | ARTICLE III |
26 | CHANGE OF CORPORATE TITLE |
27 | Section 13. Sections 301, 302, 303 and 304 of the act are |
28 | amended to read: |
29 | Section 301. Resolution and Petition to Change Corporate |
30 | Title.--[Whenever the council of any city shall, by resolution, |
|
1 | decide to change the corporate title of such city, it shall |
2 | present its petition to the court of quarter sessions of the |
3 | county having jurisdiction over the municipal affairs of the |
4 | city, petitioning such court to change the corporate title |
5 | thereof in accordance with the resolution, a certified copy of |
6 | which shall be attached to such petition.] City council may |
7 | initiate proceedings to change the corporate title of a city by |
8 | doing each of the following: |
9 | (1) Adopting a resolution proposing to make the change in |
10 | the corporate title of a city. |
11 | (2) Presenting to the court of common pleas of the county in |
12 | which the city is located a petition, along with a certified |
13 | copy of the resolution, requesting the change in the corporate |
14 | title of the city. |
15 | Section 302. Hearing; Decree.--(a) Upon the presentation to |
16 | the court of [such] the petition and resolution in accordance |
17 | with section 301, the [said] court shall fix a day for a hearing |
18 | [thereof] on the question of the change in the corporate title |
19 | of the city and shall direct that notice of [such] the hearing |
20 | be published once a week for three weeks in [not more than two |
21 | newspapers of general circulation] a newspaper. |
22 | (b) At [such] the hearing, the court shall [hear the] permit |
23 | any resident of the city to give testimony [and argument of |
24 | persons both for and against] either in support of or opposition |
25 | to the change of the corporate title of [such] the city [and, if |
26 | the court is of the opinion that the corporate title of such |
27 | city should be changed as prayed for in the petition of the |
28 | council of said city, shall enter upon the proceedings its order |
29 | and decree changing the corporate title of such city in |
30 | accordance with the resolution of the council thereof; otherwise |
|
1 | the petition shall be dismissed]. |
2 | (c) After hearing testimony, the court shall either order |
3 | and decree changing the corporate title of the city in |
4 | accordance with the petition and resolution of council or |
5 | dismiss the petition. |
6 | Section 303. Recording Decree.--[Upon the filing of a |
7 | certified copy of the decree of the court, changing the |
8 | corporate name of any city, in the office of the Secretary of |
9 | the Commonwealth and the recording thereof in the office of the |
10 | recorder of deeds of the county, the courts of which have |
11 | jurisdiction over the municipal affairs of the city, the |
12 | corporate title of said city shall thereafter be as set forth in |
13 | said decree.] A change in the corporate title of a city that is |
14 | ordered and decreed in accordance with section 302(c) shall not |
15 | become effective until a certified copy of the decree of court |
16 | is filed in the office of the Secretary of the Commonwealth and |
17 | is recorded in the office of the recorder of deeds of the county |
18 | in which the city is located. |
19 | Section 304. Existing Rights and Liabilities Preserved.--No |
20 | change in the corporate title of any city shall in any way |
21 | affect any liabilities incurred, rights accrued or vested, |
22 | obligations issued or contracted, or any suits or prosecutions |
23 | pending or instituted to enforce any right or penalty accrued or |
24 | punish any offense committed prior to [such] the change. |
25 | Section 14. Article IV heading of the act is reenacted to |
26 | read: |
27 | ARTICLE IV |
28 | CREATION AND DIVISION OF WARDS |
29 | Section 15. Section 401 of the act is amended to read: |
30 | Section 401. [Petition for Creation or Division of Wards.-- |
|
1 | New wards may be created in cities, or wards therein may be |
2 | divided, by the court of quarter sessions, on application |
3 | thereto for that purpose, by the petition of at least one |
4 | hundred qualified electors of the district seeking to be created |
5 | as a new ward, or of the ward to be divided, or by the petition |
6 | of the council of the city. No new ward shall contain less than |
7 | three hundred qualified electors according to the last preceding |
8 | enumeration.] General Power of Council in Creation or Division |
9 | of Wards.--(a) In addition to reapportionment of wards pursuant |
10 | to 53 Pa.C.S. Pt. II Ch. 9 (relating to municipal |
11 | reapportionment) and section 11 of Article IX of the |
12 | Constitution of Pennsylvania, council may, with or without a |
13 | petition as provided in section 401.1 and subject to approval by |
14 | the registered voters as provided in section 407, create new |
15 | wards, divide a ward or wards or detach part of a ward and |
16 | attach to another ward, in accordance with this article. |
17 | (b) No new ward shall contain less than three hundred |
18 | registered voters according to the last general or municipal |
19 | election. |
20 | (c) All wards in the city shall be numbered and composed of |
21 | compact and contiguous territory as nearly equal in population |
22 | as practicable and as officially and finally reported in the |
23 | most recent Federal census, decennial or special. |
24 | Section 15.1. The act is amended by adding a section to |
25 | read: |
26 | Section 401.1. Petition of Registered Voters.--(a) |
27 | Registered voters may petition council to initiate proceedings |
28 | under section 401 to create new wards, divide a ward or wards, |
29 | or detach part of a ward and attach to another ward as follows: |
30 | (1) One hundred registered voters may petition council to |
|
1 | create or divide a ward if, in the case of a petition proposing |
2 | to create a ward, the petitioners reside in the portion of the |
3 | city which the petition proposes to create as a ward, or in the |
4 | case of a petition to divide a ward, the petitioners reside in |
5 | the ward which the petition proposes to divide. |
6 | (2) Twenty-five registered voters may petition to detach |
7 | part of one ward and attach the detached part to another ward if |
8 | the petitioners reside in the part of the ward that is proposed |
9 | to be detached. |
10 | (b) Council shall by motion approve by a majority of |
11 | council, and within ninety days of presentment of the petition, |
12 | determine whether to initiate proceedings under section 401. If |
13 | the motion is in favor of initiating proceedings, council shall |
14 | appoint a commission in accordance with section 403. |
15 | (c) In the event that council has not approved a motion |
16 | within ninety days after the presentment of a petition under |
17 | subsection (a), any ten registered voters may petition the court |
18 | of common pleas and contest the existing apportionment as |
19 | violating section 401. The proceedings before the court shall be |
20 | conducted in accordance with 53 Pa.C.S. §§ 906 (relating to |
21 | contest of reapportionment by governing body) and 907 (relating |
22 | to costs and expenses of contest). |
23 | Section 15.2. Sections 402 and 403 of the act are amended to |
24 | read: |
25 | Section 402. [Petition for Striking Territory from One Ward |
26 | and Attaching to Another.--Any part or district of a ward in any |
27 | city may be detached therefrom and attached to another ward by |
28 | the court of quarter sessions of the proper county, on |
29 | application thereto for that purpose, by the petition of at |
30 | least twenty-five qualified electors of the district to be |
|
1 | stricken off or attached, or by the petition of the council of |
2 | the city] (Reserved). |
3 | Section 403. Appointment of Commission[; Report; Order of |
4 | Court.--Upon the presentation of any such petition praying for |
5 | the creation of a new ward out of parts of two or more wards, or |
6 | the division of a ward, or for the detaching from a ward of a |
7 | part or district thereof and attaching the same to another ward, |
8 | the said court shall appoint five impartial qualified electors, |
9 | residents of the city, but not of the wards to be affected |
10 | thereby, as commissioners to inquire into the propriety of |
11 | granting the prayer thereof: Provided, however, That in cities |
12 | having not more than three wards, said commissioners shall be |
13 | selected from the city at large, and may be residents of the |
14 | ward or wards to be affected thereby. The commissioners so |
15 | appointed, or any four of them, shall examine the premises and |
16 | make a draft of the new ward or wards proposed to be created, or |
17 | of the ward or wards to be divided, or of the wards affected, |
18 | showing the division or change thereof, or showing the lines as |
19 | any separation and attachment will affect them, as the case may |
20 | be, and showing clearly the number of qualified electors |
21 | contained within the proposed new ward. The commissioners shall |
22 | make report to the said court at its next term, together with |
23 | their recommendation.].--(a) If council initiates proceedings |
24 | pursuant to section 401, whether on its own volition or pursuant |
25 | to the petition of registered voters, it shall appoint five |
26 | impartial registered voters who are residents of the city as |
27 | commissioners, to make a report and recommendation concerning |
28 | the necessity, desirability and feasibility of proposed wards. |
29 | (b) Except as provided in subsection (c), commissioners |
30 | shall not be residents of the wards to be affected by the |
|
1 | petition. |
2 | (c) In cities having not more than three wards, |
3 | commissioners appointed under subsection (a) shall be selected |
4 | from the city at large, and may be residents of the ward or |
5 | wards to be affected thereby. |
6 | Section 15.3. The act is amended by adding sections to read: |
7 | Section 403.1. Expenses of Commissioners.--Council shall |
8 | make appropriations for the reasonable expenses of the |
9 | commissioners incurred for their services pursuant to this |
10 | article. Each commissioner shall submit to the city controller |
11 | for approval an itemized account of his or her expenses to be |
12 | paid under the authority of this section. |
13 | Section 403.2. Report.--(a) Commissioners appointed by |
14 | council in accordance with section 403(a) shall examine the |
15 | premises and prepare a report which shall include a draft of all |
16 | wards affected by the proposed creation, division or detachment, |
17 | showing the division or change thereof, or showing the lines of |
18 | wards as any separation and attachment will affect them, as the |
19 | case may be, and showing clearly the population contained within |
20 | the affected wards using figures officially and finally reported |
21 | in the most recent Federal census, decennial or special. The |
22 | report, upon completion, shall be submitted to council and shall |
23 | include a recommendation reflecting the decision of a majority |
24 | of its members concerning the proposed creation, division or |
25 | detachment of a ward or wards. |
26 | (b) Consistent with the standards applied in municipal |
27 | reapportionment pursuant to 53 Pa.C.S. § 903(b) (relating to |
28 | reapportionment by governing bodies), no report shall recommend |
29 | the creation, division or detachment of a ward or wards unless |
30 | the result of implementing the report and recommendation would |
|
1 | be that each ward in the city is composed of compact and |
2 | contiguous territory as nearly equal in population as |
3 | practicable as officially and finally reported in the most |
4 | recent Federal census, decennial or special. |
5 | (c) Upon receipt of the report, council shall, by motion, |
6 | determine whether to submit the question of the proposed |
7 | creation, division or detachment of a ward or wards as provided |
8 | in the report to the registered voters of the city in accordance |
9 | with section 404. |
10 | Section 15.4. Sections 404, 405, 406, 407 and 408 of the act |
11 | are amended to read: |
12 | Section 404. Election[; Form of Ballot.--If a majority of |
13 | the commissioners appointed report favorably to such creation or |
14 | division, or the detaching from a ward of a part or district |
15 | thereof and attaching the same to another ward, the court shall |
16 | order].--(a) If based upon the report in section 403.2, council |
17 | decides to proceed, it shall certify to the county board of |
18 | elections the question of the creation, [or] division or |
19 | detachment of [such] the ward[,] or wards to be submitted to the |
20 | [qualified electors] registered voters of the ward or wards |
21 | [affected, and in the case of the detachment of territory to the |
22 | electors of the ward from which the territory is to be stricken |
23 | off] or parts thereof which are the subject of the report, at |
24 | the general or municipal election occurring not less than ninety |
25 | days [thereafter] after the report was approved by council. |
26 | (b) The [clerk of said court shall certify such order to |
27 | the] county board of elections [which] shall [thereupon] cause |
28 | [a proper] the question [to be submitted to the qualified |
29 | electors at such] of approving the creation, division or |
30 | detachment of a ward or wards to be placed on the ballot in the |
|
1 | ward or wards or parts that will be affected thereby, at the |
2 | appropriate election in the manner provided by the Pennsylvania |
3 | Election Code. |
4 | Section 405. Notice of Election; Review of Report.--[It |
5 | shall be the duty of the mayor of the said city to give at least |
6 | fifteen days' public notice, by advertisement in one or more |
7 | newspapers, of general circulation, that such an election will |
8 | be held, and of the time and place of holding the same.] (a) |
9 | Council shall direct that an election notice by advertisement in |
10 | a newspaper be given at least fifteen days prior to the date |
11 | that the question of approving the creation, division or |
12 | detachment of a ward or wards are to be presented at the |
13 | specified general or municipal election. |
14 | (b) The election notice shall contain a statement of the |
15 | issue to be submitted to the registered voters at the election, |
16 | including the ward, wards or parts thereof to be affected, and |
17 | the date upon which the election is to be held. The notice shall |
18 | reference the report and specify that it is available for review |
19 | and copying as a public record pursuant to the act of February |
20 | 14, 2008 (P.L.6, No.3), known as the "Right-to-Know Law." |
21 | Section 406. Election Laws to Apply.--All [the electors, |
22 | judges, inspectors and clerks, voting at and in attendance upon |
23 | the election to be held under the provisions of this article, |
24 | shall be subject to the penalties imposed by] matters relating |
25 | to the election at which the question of approving the creation, |
26 | division or detachment of a ward or wards is to be presented to |
27 | the voters shall be governed by the applicable provisions of the |
28 | Pennsylvania Election Code. |
29 | Section 407. Computing Vote; Return; [Order of Court;] |
30 | Resubmission of Question.--[The officers of such election shall |
|
1 | receive and count the votes in the manner prescribed by law, and |
2 | shall forthwith make out a return on forms furnished by the |
3 | board of elections, showing the number of votes for and against |
4 | such new ward, or for or against such division or detachment of |
5 | a ward, as the case may be, and shall deliver the same to the |
6 | clerk of the court of quarter sessions within three days. The |
7 | said clerk shall compute said return, and forthwith certify the |
8 | result thereof to the court. If it appears that a majority of |
9 | the votes so taken are for a new ward, or for a division or for |
10 | the detachment of territory and its attachment to another ward, |
11 | said court shall thereupon order and decree the creation of such |
12 | new ward or wards, or such division, or such detachment and |
13 | attachment agreeably to the lines marked out and returned by the |
14 | commissioners.] |
15 | (a) The county board of elections shall tabulate and publish |
16 | the results of the referendum in a newspaper within thirty days |
17 | of the election. A certified copy of the results shall be placed |
18 | on record among the minutes of council. |
19 | (b) If a majority voted in favor of creating or dividing a |
20 | ward or wards, or the detachment of a part of a ward to be |
21 | attached to another, council shall proceed to create or divide a |
22 | ward or wards or detach a part of a ward to be attached to |
23 | another, in accordance with the report, and shall number the new |
24 | wards when necessary[, and order a certified copy of the whole |
25 | proceeding to be placed on record among the minutes of council]. |
26 | (c) If a majority [of votes shall be] voted against [the new |
27 | ward, or against division or against detachment] creating or |
28 | dividing a ward or wards, or the detachment of a part of a ward |
29 | to be attached to another, no further action shall be had upon |
30 | [such proceeding] the question, nor shall any new [application |
|
1 | for such new ward or such division or detachment and attachment |
2 | be heard] petition on the same question be resubmitted until two |
3 | years from the date of [such] the election. |
4 | Section 408. Change of Ward Lines by [Court] Council.-- |
5 | Whenever it shall appear to [the court of quarter sessions] |
6 | council in proceedings for the division of any ward, or the |
7 | creation of new wards, that any of the boundaries or divisions |
8 | thereof are uncertain for any cause, [the said court shall make |
9 | such order or decree as to] shall determine the relocation of |
10 | the line [as to it may appear proper, so that the same shall] to |
11 | conform as nearly as possible to the boundary lines which may |
12 | have been previously determined upon so long as the result is |
13 | that each ward in the city is composed of compact and contiguous |
14 | territory as nearly equal in population as practicable as |
15 | officially and finally reported in the most recent Federal |
16 | census, decennial or special. |
17 | Section 16. Article V and subdivision (a) heading of the act |
18 | are repealed: |
19 | [ARTICLE V |
20 | ANNEXATION OF TERRITORY |
21 | (a) Annexation of Boroughs, Townships and Parts |
22 | of Townships] |
23 | Section 16.1. Section 501 of the act, amended July 10, 1959 |
24 | (P.L.519, No.138), is repealed: |
25 | [Section 501. Petition for Annexation of Boroughs or |
26 | Townships and Parts of Townships.--Any borough having a |
27 | population of less than ten thousand inhabitants, or any |
28 | township or part of a township, contiguous to any city, whether |
29 | wholly or partially within the same or different counties, may |
30 | become annexed to any such city in the following manner: |
|
1 | (a) In the case of a borough, the borough council may pass |
2 | an ordinance for such annexation, whenever three-fifths of the |
3 | taxable inhabitants of such borough shall present a petition, |
4 | accompanied with the written consent of a majority in number and |
5 | interest of property owners of the borough, asking for such |
6 | annexation. |
7 | (b) In the case of a township, or part thereof, whenever |
8 | three-fifths of the taxable inhabitants of such township or part |
9 | thereof shall present a petition to the council of said city, |
10 | accompanied with the written consent of a majority in number and |
11 | interest of property owners of such township or part of a |
12 | township, asking for such annexation. |
13 | (c) In case of part of a township, when there are no taxable |
14 | inhabitants residing therein, then whenever three-fifths of the |
15 | property owners in number and interest of property situated |
16 | therein shall present a petition to the council of said city |
17 | asking for such annexation. |
18 | In construing this section, a majority in interest of owners |
19 | of undivided interests in any piece of property shall be deemed |
20 | and treated as one person for the purpose of ascertaining the |
21 | number of petitioners.] |
22 | Section 16.2. Section 502 of the act is repealed: |
23 | [Section 502. Advertisement; Plots.--Before any such |
24 | petition is circulated or signed, notice thereof shall be given |
25 | by advertisement once a week for four weeks in two newspapers |
26 | published in or circulated throughout the territory to be |
27 | annexed. Such notice shall state the purpose of the petition and |
28 | the date it will be ready for signing. All such petitions shall |
29 | be accompanied by a plot or plots of the territory to be |
30 | annexed, showing all streets and highways, municipal or township |
|
1 | improvements and public buildings.] |
2 | Section 16.3. Section 503 of the act, amended October 5, |
3 | 1967 (P.L.327, No.143), is repealed: |
4 | [Section 503. Ordinance of City; Filing Copy Thereof.--Upon |
5 | presentation to the council of such city of a certified copy of |
6 | the ordinance in case of a borough, or of the petition in the |
7 | case of a township or part thereof, together with the required |
8 | plots in any case, the council of said city may, by ordinance, |
9 | annex such borough, township, or part thereof to the said city. |
10 | Certified copies of the borough and city ordinances and the |
11 | petition and the plans shall be filed in the office of the clerk |
12 | of the court of quarter sessions of the county or counties |
13 | involved, and like copies shall be certified to the Department |
14 | of Community Affairs of the Commonwealth. Nothing contained in |
15 | subdivision (a) of this article shall be deemed to require any |
16 | city to annex any borough, township or part of any such |
17 | township.] |
18 | Section 16.4. Section 504 of the act is repealed: |
19 | [Section 504. Conclusiveness of Ordinance; Referendum; |
20 | Appeal.--Thirty days after the filing of the said annexation |
21 | ordinance by the said city council, such ordinance and the |
22 | action of the said city council shall be finally conclusive, |
23 | unless an appeal therefrom is taken within the said thirty days, |
24 | by petition to the court of quarter sessions of the county in |
25 | which the city is located, or unless a referendum petition is |
26 | filed as provided in this act.] |
27 | Section 16.5. Section 505 of the act, repealed in part June |
28 | 3, 1971 (P.L.118, No.6), is repealed: |
29 | [Section 505. Hearing an Appeal; Notice; Appeal from Final |
30 | Order.--Where an appeal is taken by any person aggrieved by such |
|
1 | annexation ordinance of the city, the court shall fix a day for |
2 | hearing the same. Notice shall be given to all parties |
3 | interested in such manner as the court shall direct. From any |
4 | such final order or decree, any party in interest, aggrieved by |
5 | such order or decree, may have an appeal to the Supreme Court as |
6 | in other cases. Upon final determination and approval of the |
7 | annexation ordinance, the annexation shall take effect |
8 | immediately.] |
9 | Section 16.6. Section 506 of the act, added July 10, 1959 |
10 | (P.L.519, No.138), is repealed: |
11 | [Section 506. Petition for Annexation of Boroughs Having Ten |
12 | Thousand or More Inhabitants.--Whenever electors, equal to at |
13 | least ten per centum of the highest vote cast for any office in |
14 | any borough having a population of ten thousand or more |
15 | inhabitants contiguous to a city at the last preceding general |
16 | election, or whenever ten per centum of the qualified electors, |
17 | residing within any part of a borough having a population of ten |
18 | thousand or more inhabitants contiguous to a city, shall |
19 | petition the council of such city for the annexation of the |
20 | borough, or part thereof, to the contiguous city, and for a |
21 | referendum on the question of such annexation, the council shall |
22 | cause a question to be submitted at the primary or general |
23 | election occurring at least sixty days thereafter, by certifying |
24 | a resolution, duly adopted, to the county board of elections of |
25 | the county or counties in which any part of the city or borough |
26 | is located, for submission of such question on the ballot or on |
27 | voting machines at such election, both in such borough and in |
28 | the city to which annexation is desired, in the manner provided |
29 | by the election laws of this Commonwealth. |
30 | Such question shall be in the following form: |
| 1 2 | Do you favor the annexation of the borough of ....................... | Yes | 3 4 | (or the part of the borough briefly described) to the city of ....... ? | No |
|
5 | If a majority of the persons voting on such question in the |
6 | entire borough shall vote "yes," and a majority of the persons |
7 | voting on such question in the city shall vote "yes," then the |
8 | borough or part thereof, as the case may be, shall on the first |
9 | Monday of January next following, be and become a part of the |
10 | city. |
11 | If a majority of the persons voting on the question in the |
12 | borough or in the city shall vote "no," no further proceeding |
13 | shall be had, and it shall not be lawful to hold another |
14 | election upon the question until the second general or municipal |
15 | election thereafter occurring. |
16 | All petitions shall be accompanied by a plot or plots of the |
17 | territory to be annexed, showing all streets and highways, |
18 | municipal improvements and public buildings, and all petitions |
19 | for the annexation of a part of a borough shall include a |
20 | description of the part of the borough sought to be annexed.] |
21 | Section 16.7. Article V subdivision (b) heading and section |
22 | 515 of the act are repealed: |
23 | [(b) Annexation of Outlying Lots in a Township |
24 | Section 515. Annexation of Outlying Lots; Appointment of |
25 | Viewers.--Upon application by petition to the court of quarter |
26 | sessions signed by a majority or more of the taxable |
27 | inhabitants, accompanied by the written consent of a majority of |
28 | the property owners in number and interest of any outlots or |
29 | sections of land in a township containing not more than one |
30 | hundred acres of land contiguous to the city, and being part of |
|
1 | the same county in which the city is situated, stating that they |
2 | desire the same to be annexed to said city, the desirability |
3 | therefor, and describing the lots or land to be annexed, with a |
4 | map or draft of the same, which petition shall be sworn to by |
5 | one or more of the petitioners, and accompanied by the petition |
6 | of the council of the city praying for the annexation of such |
7 | outlots or sections of land and containing a copy of the |
8 | resolution of the council of said city approving the annexation, |
9 | the said court shall thereupon appoint three viewers, who shall |
10 | be nonresidents of the city or of the township whose territory |
11 | is to be annexed, to inquire into and investigate the |
12 | allegations and facts stated in the said petition.] |
13 | Section 16.8. Section 516 of the act, amended October 5, |
14 | 1967 (P.L.327, No.143), is repealed: |
15 | [Section 516. Notice of View; Report; Decree.--Notice of the |
16 | first hearing of the said viewers shall be given to the city, |
17 | and to at least one of the petitioners as the court may direct. |
18 | The said viewers, or a majority of them, shall make report to |
19 | said court at its next session after their appointment. If they |
20 | report that they find the statements and facts of said petition |
21 | to be true, and recommend the annexation as prayed for, and if |
22 | no appeal is taken within thirty days therefrom, the said court |
23 | shall thereupon make an order or decree to carry the annexation |
24 | into effect. The city clerk shall forward a certified copy of |
25 | said decree to the Department of Community Affairs of the |
26 | Commonwealth.] |
27 | Section 16.9. Section 517 of the act, amended October 5, |
28 | 1967 (P.L.327, No.143) and repealed in part June 3, 1971 |
29 | (P.L.118, No.6), is repealed: |
30 | [Section 517. Appeal; Hearing; Notice; Decree.--Within |
|
1 | thirty days after filing of such report, any person aggrieved |
2 | thereby may take an appeal, by petition to the court of quarter |
3 | sessions, setting forth his complaint, and thereupon the court |
4 | shall fix a day for hearing the same. Notice of such appeals |
5 | shall be given to all parties interested by publication once in |
6 | one newspaper, in accord with the provisions of section one |
7 | hundred and nine of this act. After such hearing, the court |
8 | shall decide whether the proceedings are in conformity with this |
9 | act, and make an order or decree either dismissing the appeal |
10 | and approving such annexation or sustaining the appeal and |
11 | dismissing the annexation. When the court of quarter sessions |
12 | makes an order to carry such annexation into effect, where no |
13 | appeal is taken, and upon final determination and approval of |
14 | the annexation ordinance, where an appeal has been taken, the |
15 | said outlots or sections of land shall at once and thereafter be |
16 | a part of said city as fully as if the same had been originally |
17 | a part thereof. A certified copy of any final decree or order |
18 | approving such annexation shall be forwarded by the city clerk |
19 | to the Department of Community Affairs.] |
20 | Section 16.10. Section 518, Article V subdivision (c) |
21 | heading and section 525 of the act are repealed: |
22 | [Section 518. Compensation of Viewers.--The viewers herein |
23 | provided for shall be allowed five dollars per day for each and |
24 | every day actually spent by them in the performance of their |
25 | duties, together with their actual necessary expenses. The costs |
26 | of the proceedings in all cases shall be paid by the city. |
27 | (c) Annexation of Part of a Borough |
28 | Section 525. Petition for Annexation of Territory in a |
29 | Borough; Ordinance of City.--Territory in a borough contiguous |
30 | to a city or separated therefrom by a river or stream may be |
|
1 | detached from the borough and annexed to the city in the |
2 | following manner: |
3 | A petition signed by owners of the land in the territory |
4 | proposed to be detached and annexed, and described in the |
5 | petition, shall be presented to the borough authorities, who, if |
6 | they find that the petition is signed by either a majority of |
7 | freehold owners or by the owners of two-thirds of the area of |
8 | the territory described, and that the assessed valuation of the |
9 | territory described is not in excess of five per centum of the |
10 | assessed valuation of the borough, may, by ordinance, detach the |
11 | described territory, subject to the acceptance of the detached |
12 | portion by the city of the third class, and upon notice from the |
13 | council of the borough that it has ordained the detachment of |
14 | the described territory of the borough for the purpose of having |
15 | it annexed to the city, the city may, by ordinance, annex the |
16 | portion of the borough so proposed to be detached.] |
17 | Section 16.11. Section 526 of the act, amended October 5, |
18 | 1967 (P.L.327, No.143), is repealed: |
19 | [Section 526. Filing of Plans.--Upon such annexation by |
20 | ordinance, a plan of the territory annexed shall be filed by the |
21 | city council in the office of the county commissioners and with |
22 | the clerk of the court of quarter sessions and thereupon the |
23 | detachment and annexation shall be effective: Provided, however, |
24 | That if there be no delay through litigation or causes beyond |
25 | the control of the councils, the plan shall be filed, as herein |
26 | required, within thirty days after the passage of the annexation |
27 | ordinance by the city council, and, if the proceedings are not |
28 | thus completed, they shall be void in their entirety and of no |
29 | effect. A copy of the plan filed shall be likewise forwarded to |
30 | the Department of Community Affairs of the Commonwealth.] |
|
1 | Section 16.12. Article V subdivision (d) heading , sections |
2 | 535 and 536 and subdivision (e) heading of the act are repealed: |
3 | [(d) Indebtedness and Public Property when Borough or |
4 | Township is Annexed |
5 | Section 535. Apportionment of Indebtedness of Borough or |
6 | Township; Taxes to be Uniform.--All the indebtedness of each |
7 | borough or township annexed to a contiguous city under the |
8 | provisions of this act, as well as the indebtedness of the city |
9 | to which the same is annexed, shall be paid by the city as |
10 | enlarged by such annexation; and all territory included within |
11 | the limits of the same shall be liable for the payment of the |
12 | floating and bonded indebtedness, and the interest thereon, of |
13 | all the territory included within such enlarged city; and all |
14 | taxes thereafter levied therefor shall be uniform throughout the |
15 | territorial limits of such enlarged city. |
16 | Section 536. Property of Annexed Territory to Become |
17 | Property of City.--All of the public property owned by any such |
18 | borough or township annexed to any city shall become and remain |
19 | the public property of the said city. |
20 | (e) Apportionment of Indebtedness when Part of a Township |
21 | or Outlying Lots are Annexed] |
22 | Section 16.13. Section 540 of the act, amended October 5, |
23 | 1967 (P.L.327, No.143), is repealed: |
24 | [Section 540. Adjustment of Indebtedness when Part of |
25 | Township is Annexed.--Where any part of any township or outlying |
26 | lots thereof are annexed to any city, the township officers of |
27 | that part of the said township not annexed, and the city council |
28 | of the said city, shall make a just and proper adjustment and |
29 | apportionment of all public property owned by the said township |
30 | at the time of said annexation, both real and personal, |
|
1 | including funds as well as indebtedness, if any, to and between |
2 | the said township and the city. In making such adjustment and |
3 | apportionment of the property and indebtedness, the township and |
4 | the city shall be entitled respectively to share in a division |
5 | of the property and indebtedness in the proportion that the |
6 | assessed valuation of the land remaining in the township bears |
7 | to the assessed valuation of the land annexed: Provided, |
8 | however, That where indebtedness was incurred by the township |
9 | for an improvement located wholly within the annexed part of the |
10 | township, the whole of such indebtedness shall be assumed by the |
11 | city, and where any part of any such improvement is located |
12 | within the annexed part of the township, the part of such |
13 | indebtedness representing the part of the improvement located |
14 | within the territory annexed, shall be assumed by the city, and |
15 | the adjustment and apportionment of any remaining debt, and the |
16 | public property of the township shall be made as above provided. |
17 | The adjustment and apportionment as made shall be reduced to |
18 | writing, and duly executed and acknowledged by the proper |
19 | officials, and filed in the office of the clerk of the court of |
20 | quarter sessions of the county in which said city is located. A |
21 | copy of such adjustment and apportionment shall be forwarded by |
22 | the city clerk to the Department of Community Affairs of the |
23 | Commonwealth.] |
24 | Section 16.14. Sections 541, 542 and 543 of the act are |
25 | repealed: |
26 | [Section 541. Appointment of Commission; Contents of |
27 | Report.--In case the said council of the said city and the |
28 | township's authorities cannot make such amicable apportionment |
29 | and adjustment of their property and indebtedness within six |
30 | months after any such annexation, then, in that case, the said |
|
1 | council or any officer of said township may present a petition |
2 | to the court of quarter sessions of the county in which the said |
3 | city is located. Whereupon the said court shall appoint three |
4 | disinterested commissioners, residents and taxpayers of said |
5 | county not residing in the said city nor in the said township, |
6 | who, after hearing, due notice of which shall be given to the |
7 | city and township interested by publication once in one or more |
8 | newspapers, at least twenty days before said hearing, in accord |
9 | with the provisions of section one hundred and nine of this act, |
10 | shall make report to the court, making an apportionment and |
11 | adjustment according to the provisions of this act of all the |
12 | property as well as indebtedness, if any, to and between the |
13 | said city and the said township, said report to state the |
14 | amount, if any, that shall be due and payable from the city to |
15 | the township, or from the township to the city, as well as the |
16 | amount of indebtedness, if any, that shall be assumed by the |
17 | city or township, or both of them. |
18 | Section 542. Notice of Filing of Report; Exceptions; |
19 | Confirmation.--The commissioners shall give the city and the |
20 | township at least five days' notice of the filing of their |
21 | report. Unless exceptions are filed thereto by the city or by |
22 | the township within thirty days after filing thereof, the same |
23 | shall be confirmed by the court absolutely. Any sum awarded by |
24 | the report to the city or to the township shall be a legal and |
25 | valid claim in its favor against the city or township charged |
26 | therewith, and the amount of debt, if any, apportioned to any |
27 | city or township shall be a legal and valid claim against such |
28 | city or township charged therewith. Any property, real or |
29 | personal, given and adjudged to the city or the township shall |
30 | become and be the property of the city or the township to |
|
1 | whichever one the same is given and adjudged. Upon such report |
2 | being confirmed, such claim or indebtedness charged against any |
3 | city or township may be collected in the same manner as a |
4 | judgment is collected against any city or township. |
5 | Section 543. Compensation of Commissioners; Costs.--The |
6 | commissioners shall be allowed five dollars per day for each day |
7 | actually spent by them in the performance of their duties, |
8 | together with their actual necessary expenses. All costs and |
9 | expenses of such proceedings shall be apportioned by the court |
10 | to and between the said city and the said township as it shall |
11 | deem proper.] |
12 | Section 16.15. Section 544 of the act, repealed in part June |
13 | 1971 (P.L.118, No.6), is repealed: |
14 | [Section 544. Disposition of Exceptions; Appeal.--In case |
15 | exceptions are filed to the report of the commissioners, the |
16 | court shall dispose of the same, taking testimony if deemed |
17 | advisable, and the decision of the court thereon shall be final |
18 | and binding on the several cities and townships, unless an |
19 | appeal is taken.] |
20 | Section 16.16. Section 545, Article V subdivision (f) |
21 | heading, sections 550 and 551 and subdivision (g) heading of the |
22 | act are repealed: |
23 | [Section 545. Jurisdiction when Territory is in Two or More |
24 | Counties.--In cases where a city or township is situated in two |
25 | or more counties, the court of quarter sessions of the county in |
26 | which the city is located shall have exclusive jurisdiction over |
27 | the matter, but the same shall be heard by a judge, not a |
28 | resident of either of the judicial districts affected, who shall |
29 | be called to preside specially in the matter, and, in such |
30 | cases, the court shall appoint the commissioners hereinbefore |
|
1 | provided for from both or from three of such counties. |
2 | (f) Apportionment of Indebtedness when Part of a |
3 | Borough is Annexed |
4 | Section 550. Apportionment of Indebtedness; Decree of |
5 | Court.--The court of quarter sessions having jurisdiction of the |
6 | city, in cases where any part of a borough is annexed to a city, |
7 | upon a petition of the borough or city, may hear evidence and |
8 | consider the indebtedness and assessed valuation of the borough |
9 | and the city and the assessed valuation of the territory |
10 | annexed, and may enter a decree making such adjustment of the |
11 | indebtedness and the manner and time of the payment thereof as |
12 | to the court may seem meet and proper. |
13 | Section 551. Collection of Taxes Assessed Prior to |
14 | Annexation.--Any taxes assessed prior to the going into effect |
15 | of the proceedings shall be paid to the borough, and the |
16 | collection and enforcement thereof shall be as though the land |
17 | had not been detached. |
18 | (g) Wards] |
19 | Section 16.17. Section 560 of the act, amended October 5, |
20 | 1967 (P.L.327, No.143), is repealed: |
21 | [Section 560. Distribution of Annexed Territory Among Wards; |
22 | New Wards; Ward Officers.--Within thirty days from the effective |
23 | date of any annexation, the city council shall cause a petition |
24 | to be presented to the court of quarter sessions of the county |
25 | in which the said city is located, praying for the distribution |
26 | of the annexed territory among the wards of the said city, or |
27 | for the creation of a new ward or wards out of the same, and to |
28 | make such order or decree as may be necessary to constitute such |
29 | ward or wards an election district or election districts, or add |
30 | to or create new election districts in a ward or wards to which |
|
1 | such territory is attached, and the said court shall, in case of |
2 | the creation of a new ward or wards, appoint the election and |
3 | other officers of the same, and name the place or places of |
4 | holding the first election in the said ward or wards for ward |
5 | officers, and, for that purpose, may order a special election, |
6 | if said court shall deem the same necessary, to be conducted in |
7 | the manner provided by the Pennsylvania Election Code. The |
8 | officers elected at such special election shall hold their |
9 | respective offices until their successors, elected at the next |
10 | succeeding municipal election, shall be duly qualified. Any |
11 | decree of court creating a new ward or wards shall be entered in |
12 | full upon the records of said court and certified copies |
13 | thereof, under the seal of the court, shall be delivered by the |
14 | clerk of said court to and be filed by the city clerk of the |
15 | city and the secretary of the school district in which said ward |
16 | or wards become located. The clerk of the court of quarter |
17 | sessions shall likewise certify copies thereof to the Secretary |
18 | of the Commonwealth and to the Department of Community Affairs.] |
19 | Section 16.18. Article V subdivision (h) heading of the act, |
20 | amended August 6, 1963 (P.L.511, No.268), is repealed: |
21 | [(h) Annexation of Property Owned by a City] |
22 | Section 16.19. Section 561 of the act, amended October 5, |
23 | 1967 (P.L.327, No.143), is repealed: |
24 | [Section 561. If any city owns land contiguous to said city |
25 | on January 1, 1963, the city may annex said territory in the |
26 | following manner: |
27 | A bill may be introduced in council to annex said land, |
28 | setting forth a description of the territory to be annexed and |
29 | the courses and distances of the boundaries of such territory. |
30 | If said bill becomes an ordinance by action of council, a copy |
|
1 | thereof shall be certified to the Department of Community |
2 | Affairs.] |
3 | Section 16.20. Section 562 of the act, added May 27, 1957 |
4 | (P.L.210, No.104), is repealed: |
5 | [Section 562. Upon such annexation by ordinance, a plan of |
6 | the territory annexed shall be filed by the city council in the |
7 | office of the county commissioners and with the clerk of the |
8 | court of quarter sessions, and thereupon the annexation shall |
9 | become effective. |
10 | The annexation proceedings authorized by these sections are |
11 | in addition to, and not in substitution of, proceedings |
12 | otherwise provided by law for annexation of territory, and may |
13 | be followed without reference to or compliance with such other |
14 | provisions.] |
15 | Section 16.21. Article V subdivision (i) heading, section |
16 | 570, subdivision (j) heading and section 580 of the act, added |
17 | July 10, 1959 (P.L.521, No.139), are repealed: |
18 | [(i) Terms and Salaries of Officials and Employes |
19 | of Annexed Territory |
20 | Section 570. Annexation Officials and Employes.--In case of |
21 | annexation, all salaried public officials of territory annexed |
22 | who have theretofore been elected for a definite term shall |
23 | continue to receive during the term for which they were elected |
24 | the same salaries as they would have received except for such |
25 | annexation, and it shall be the duty of the mayor of such city |
26 | to assign to such public officials the performance of such |
27 | suitable services and duties as will be in the public interest |
28 | of the city and particularly of the annexed portion thereof. In |
29 | case of nonelective employes of such annexed borough or |
30 | township, they shall, so far as practicable, be employed at |
|
1 | corresponding duties by the city in accordance with rules and |
2 | regulations to be established by city ordinance. Tax collectors |
3 | holding office at the date of annexation shall continue to |
4 | perform the duties and receive the emoluments of office for the |
5 | full term for which they were elected, but upon the expiration |
6 | of such term, the office shall be abolished within such |
7 | territory and the duties thereof shall be merged with that of |
8 | the collector of taxes of such city of the third class. |
9 | (j) Ordinances |
10 | Section 580. Annexation Ordinances.--In case of annexation, |
11 | all ordinances governing the annexed territory shall remain in |
12 | full force and effect over the annexed territory until |
13 | appropriate ordinances are passed by the Council of the city of |
14 | the third class integrating ordinances of the annexed territory |
15 | with those of the city of the third class.] |
16 | Section 17. Article VI heading of the act is reenacted to |
17 | read: |
18 | ARTICLE VI |
19 | CITY BOUNDARIES |
20 | Section 18. Sections 601, 602, 603, 604, 605 and 606 of the |
21 | act are amended to read: |
22 | Section 601. Navigable Stream Boundaries.--Whenever any city |
23 | is bounded by the nearest margin of a navigable stream, and an |
24 | opposite [township, borough, or city] municipal corporation is |
25 | also bounded by the nearest margin of the same stream, the |
26 | boundaries of [such] the city shall extend to the center line of |
27 | the stream. Nothing contained in this section shall be construed |
28 | to repeal any local or special law providing otherwise. |
29 | Section 602. Court to Establish Disputed Boundaries.--[The |
30 | court of quarter sessions, upon petition of any interested |
|
1 | political subdivision] (a) In any case in which a city or any |
2 | municipal corporation contiguous to the city disputes the |
3 | boundary between them, the court of common pleas, upon petition |
4 | of the city or the contiguous municipal corporation, may |
5 | ascertain and establish the disputed [boundaries between any |
6 | such parties. Whenever the] boundary. |
7 | (b) In any dispute [involves] involving the boundaries of |
8 | counties, the provisions of [the County Code shall apply to that |
9 | extent.] this article shall not supersede the application of the |
10 | relevant provisions of the act of August 9, 1955 (P.L.323, |
11 | No.130), known as "The County Code." |
12 | Section 603. Petition to Court; Commissioners; Report.--Upon |
13 | [such] petition in accordance with section 602(a), the court |
14 | shall appoint [as] three impartial commissioners [three |
15 | impartial qualified electors], who shall have authority to |
16 | employ a professional engineer or surveyor. After giving notice |
17 | to parties [affected by publication once in at least one |
18 | newspaper, in conformity with section one hundred and nine of |
19 | this act, they shall view the disputed boundaries] interested as |
20 | directed by the court, the commissioners shall hold a hearing |
21 | and view the disputed boundaries. A majority of the |
22 | commissioners shall make [a prompt] their report and |
23 | recommendations to the court, [which report shall be] |
24 | accompanied [with] by a plot or draft of the lines and |
25 | boundaries proposed [boundary, if the same cannot be fully |
26 | described] to be ascertained and established if they cannot be |
27 | fully designated by natural lines[. The] or boundaries. Upon the |
28 | filing of the report, it shall be confirmed nisi, and the court |
29 | [shall] may make [such] further order [thereupon as to] as it |
30 | shall [seem] deem just and reasonable. |
|
1 | Section 604. [Reviews;] Exceptions and [Issues.--Any person |
2 | affected may petition the court for a review, or may except to |
3 | the report of the commissioners. When matters of fact are in |
4 | dispute, the court may frame an issue and certify the same for |
5 | trial to the court of common pleas.] Procedure.--Exceptions to |
6 | the report may be filed by any interested person or municipal |
7 | corporation within thirty days after the filing of the report, |
8 | and the court shall set a day for the hearing of the exception. |
9 | Notice of the hearing shall be given as the court may direct. |
10 | After hearing, the court may sustain the exceptions or dismiss |
11 | them and confirm the report or refer the report back to the same |
12 | or new commissioners with authority to make another report. If |
13 | no exceptions are filed within thirty days after the filing of |
14 | the report, the court shall confirm the report absolutely. When |
15 | any report is confirmed absolutely, the court shall enter a |
16 | decree establishing the lines and boundaries as shown in the |
17 | report. |
18 | Section 605. Pay and Expenses of Commissioners.--The |
19 | commissioners shall each receive [five dollars per day, for each |
20 | day necessarily employed in the performance of their duties, as |
21 | well as mileage at the rate of ten cents per mile for each mile |
22 | necessarily traveled, and reasonable expenses incurred for |
23 | surveying] reasonable compensation as established by the court |
24 | and reasonable expenses incurred for surveying services, to be |
25 | paid equally by the [political subdivisions interested] city and |
26 | any interested municipal corporation. |
27 | Section 606. Boundary Monuments.--[Whenever a boundary is |
28 | established pursuant to the preceding sections of] If a |
29 | boundary, ascertained and established pursuant to this article, |
30 | [the court shall cause such part of the same as] cannot be fully |
|
1 | described by natural lines, the court shall cause it to be |
2 | marked with permanent monuments, placed at intervals not |
3 | exceeding fifteen hundred feet[,] and at the end of any course[, |
4 | and the]. The expense of placing [the said] these monuments, |
5 | [when] as approved by the court, shall be borne equally by the |
6 | [political subdivisions interested, and the court shall compel |
7 | payment of the same according to law] city and any interested |
8 | municipal corporation. |
9 | Section 19. Article VII heading of the act is reenacted to |
10 | read: |
11 | ARTICLE VII |
12 | ELECTED OFFICERS AND ELECTIONS |
13 | Section 20. Sections 701, 702, 703 and 704 of the act are |
14 | amended to read: |
15 | Section 701. Elected Officers; Term; Eligible to Reelection; |
16 | Vacancies Where Elected Officer Fails to Qualify.--[The] (a) |
17 | (1) Except as provided in subsection (c), the elected officers |
18 | of each city shall be a mayor, four [councilmen] council |
19 | members, a controller, and a treasurer. |
20 | (2) Except as provided in section [seven hundred and two of |
21 | this act] 702 with respect to the first election of members of |
22 | council, each [of such officers] elected officer shall serve for |
23 | a term of four years from the first Monday of January next |
24 | succeeding his or her election[,] until the first Monday of |
25 | January in the fourth year thereafter. |
26 | (3) Any such officer shall be eligible to reelection. |
27 | (b) Any person elected to a city office who fails to qualify |
28 | [within thirty days after the first Monday of January following |
29 | his election] in accordance with the provisions of sections 904 |
30 | and 905 and, as applicable, section 1001, 1201, 1401 or 1701, |
|
1 | shall be ineligible to qualify thereafter. A vacancy shall then |
2 | exist in the [said] office and a person shall be appointed to |
3 | fill [said] the vacancy in the manner provided by this act. |
4 | (c) In accordance with this subsection, two additional |
5 | council members may be elected to form a seven-member council |
6 | comprised of six council members and the mayor, or a city that |
7 | has opted for a seven-member council may reestablish a five- |
8 | member council comprised of four council members and the mayor, |
9 | in accordance with the following: |
10 | (1) Upon petition of at least five per centum of the |
11 | registered voters of the city or pursuant to a resolution of |
12 | council, and after approval by a majority of those voting at the |
13 | next municipal or general election, there shall be elected two |
14 | additional council members, so that the council shall be |
15 | comprised of six council members and the mayor. |
16 | (2) The referendum petition or resolution of the council |
17 | certified by the city clerk shall be filed with the county board |
18 | of elections not later than the thirteenth Tuesday before the |
19 | next municipal or general election. The county board of |
20 | elections shall place the question before the electors as |
21 | provided by the Pennsylvania Election Code. The form of the |
22 | question shall be as follows: |
23 | Should two additional council members be elected to serve in |
24 | this city, so that council shall be comprised of six council |
25 | members and the mayor? |
|
27 | (3) The county board of elections shall tabulate and publish |
28 | the results of the referendum within thirty days of the |
29 | election. |
30 | (4) In no event shall the question of additional council |
|
1 | members be voted on more than once in any three-year period. |
2 | (5) At the first municipal election following approval at a |
3 | general election of the question providing for the election of |
4 | two additional council members, one of the additional council |
5 | members shall be elected for a term of four years and one for a |
6 | term of two years, each to serve from the first Monday of |
7 | January after the election. At the first general election |
8 | following approval at a municipal election of the question |
9 | providing for the election of two additional council members, |
10 | one of the additional council members shall be elected for a |
11 | term of three years and one for a term of one year, each to |
12 | serve from the first Monday of January after the election. After |
13 | that time, the additional council members shall be elected for |
14 | terms of four years each to serve from the first Monday of |
15 | January after the election. |
16 | (6) In cities in which the electorate has opted for a seven- |
17 | member council, comprised of six council members and the mayor, |
18 | the city shall return to a five-member council, including the |
19 | mayor, upon petition of at least five per centum of the |
20 | registered voters of the city or pursuant to a resolution of the |
21 | council, and after approval by a majority of electors voting at |
22 | the next municipal or general election. The referendum petition |
23 | or resolution shall be filed with the county board of elections |
24 | not later than the thirteenth Tuesday before the next municipal |
25 | or general election. The county board of elections shall place |
26 | the question before the electors as provided under the |
27 | Pennsylvania Election Code. The form of the question shall be as |
28 | follows: |
29 | Should this city return to a five-member council, comprised |
30 | of four council members and the mayor? |
|
2 | (7) The county board of elections shall tabulate and publish |
3 | the results of the referendum within thirty days of the |
4 | election. In no event shall the question of reducing the seven- |
5 | member council be voted on more than once in any five-year |
6 | period. |
7 | (8) At the first municipal election following approval of |
8 | the question providing for the return to a five-member council, |
9 | to be comprised of four council members and the mayor, four |
10 | council members shall be elected to serve from the first Monday |
11 | of January after the election, when the terms of the six council |
12 | members serving on the seven-member council shall cease. The |
13 | four candidates receiving the highest number of votes for the |
14 | office of council member shall be elected. The two candidates |
15 | receiving the first and second highest number of votes shall |
16 | serve for a term of four years. The two candidates receiving the |
17 | third and fourth highest number of votes shall serve for a term |
18 | of two years. After that time, council members shall be elected |
19 | as provided in subsection (a). |
20 | Section 702. First Elections in Newly Created Cities.--(a) |
21 | At the first municipal election occurring at least ninety days |
22 | after the date of the letters patent issued by the Governor |
23 | incorporating [and] the city, the [qualified electors of such] |
24 | registered voters of the city shall elect [a mayor, a treasurer, |
25 | and a controller] city officials as set forth in section 701(a) |
26 | (1). [At such election, the electors of such city shall also |
27 | elect four councilmen.] |
28 | (b) The two candidates for [such office] council receiving |
29 | respectively the highest number of votes at [such] the election |
30 | shall serve for a term of four years from the first Monday of |
|
1 | January next succeeding their election until the first Monday of |
2 | January in the fourth year thereafter[, and the two candidates |
3 | at such election]. |
4 | (c) The two candidates for council receiving the next |
5 | highest number of votes shall serve for a term of two years from |
6 | the first Monday of January next succeeding their election until |
7 | the first Monday of January in the second year thereafter. |
8 | Section 703. Nominations and Elections.--All matters |
9 | relating to nominations of candidates and election of city |
10 | officers shall be governed by the applicable provisions of the |
11 | Pennsylvania Election Code. |
12 | Section 704. Certificates of Election.--[Whenever an |
13 | election shall have been held for city officers, for regular |
14 | terms of service] Upon the election of city officers in |
15 | accordance with this article, it shall be the duty of the |
16 | [officer-elect to procure from the] county board of elections to |
17 | issue, and of the officer-elect to procure, a certificate of |
18 | election [as issued by the board, according to law, and to lay |
19 | the same before]. The officer-elect shall present the |
20 | certificate of elections to council on the date and time fixed |
21 | by law for [their] its organization[; and the said]. The |
22 | certificate shall be filed among the city archives, and its |
23 | presentation shall be noted in the minutes. |
24 | Section 21. Article VIII heading of the act is reenacted to |
25 | read: |
26 | ARTICLE VIII |
27 | VACANCIES IN OFFICE |
28 | Section 22. Section 801 of the act, amended August 21, 1953 |
29 | (P.L.1292, No.364), is amended to read: |
30 | Section 801. Vacancies in Council and Office of Mayor.--[If |
|
1 | a vacancy exists in the city council, whether as to the office |
2 | of mayor or one or more of the other members of council, the |
3 | city council shall, by a majority of its remaining members, fill |
4 | such vacancy, within thirty days thereafter, by electing a |
5 | qualified person to serve until that first Monday of January |
6 | when his successor who shall have been elected by the qualified |
7 | electors at the next municipal election, occurring at least |
8 | thirty days after such vacancy exists, is duly sworn into office |
9 | for the remainder of the term of the person originally elected |
10 | to said office. |
11 | In case vacancies should exist whereby the offices of three |
12 | or four of the five members of the city council become vacant, |
13 | the remaining one or two members shall fill such vacancies, one |
14 | at a time, giving each new appointee such reasonable notice of |
15 | his appointment as will enable him to meet and act with the then |
16 | qualified member or members of the city council in making |
17 | further appointments until three members of city council have |
18 | been qualified, whereupon the said three members shall fill the |
19 | remaining vacancies at a meeting attended by the said three |
20 | members of said city council, such appointees to receive a |
21 | majority of the votes of the said three members present at any |
22 | such meeting. The person or persons selected to fill such |
23 | vacancy or vacancies shall hold their offices as herein |
24 | provided. |
25 | If, by reason of a tie vote, or otherwise, such vacancy shall |
26 | not have been filled by the remaining members of city council |
27 | within the time as limited herein, the court of common pleas, |
28 | upon the petition of ten or more qualified electors shall fill |
29 | such vacancy by the appointment of a qualified person, for the |
30 | portion of the unexpired term as above provided. |
|
1 | If at any time vacancies should occur or exist in the |
2 | membership of all five members of city council, the court of |
3 | common pleas shall appoint a city council, including a mayor, of |
4 | persons properly qualified, who shall serve as herein provided.] |
5 | (a) Within thirty days of a vacancy in the office of mayor or |
6 | other member of city council, or if an elected mayor or council |
7 | member has failed to qualify pursuant to section 701 prior to |
8 | taking office, the council shall, by a majority of its remaining |
9 | members, appoint a qualified person to fill the vacant office. |
10 | (b) If council does not fill a vacancy within thirty days in |
11 | accordance with subsection (a), or if vacancies should exist in |
12 | the offices of a majority or more of the members of the city |
13 | council, including the position of mayor, the president judge of |
14 | the court of common pleas having jurisdiction within the city |
15 | shall fill the vacancy or vacancies upon either the petition of |
16 | ten or more qualified electors of the city or the petition of a |
17 | majority of the remaining members of council. |
18 | (c) A person appointed under subsection (a) or (b) shall |
19 | serve for the lesser of the following periods: |
20 | (1) The remainder of the unexpired term of the office to |
21 | which he or she is appointed. |
22 | (2) Until the first Monday of January after the next |
23 | municipal election occurring at least thirty days after the |
24 | vacancy occurred. |
25 | (d) If necessary to fill the unexpired term of the person |
26 | originally elected to an office that has become vacant, a person |
27 | shall be elected at the municipal election referred to in |
28 | subsection (c) to serve from the first Monday of January after |
29 | that election for the remainder of the unexpired term. |
30 | Section 23. Section 802 of the act, amended May 6, 1957 |
|
1 | (P.L.104, No.45), is amended to read: |
2 | Section 802. Vacancy in Office of Controller or of |
3 | Treasurer.--[If a vacancy occurs in the office of city |
4 | controller or in the office of city treasurer, the city council |
5 | shall fill such vacancy, within thirty days thereafter, by |
6 | choosing a city controller or a city treasurer, as the case may |
7 | be, to serve until his successor is elected by the qualified |
8 | electors at the next municipal election, occurring at least two |
9 | hundred days after such vacancy occurs, and is duly sworn into |
10 | office. The person so elected shall serve for the remainder of |
11 | the term of the person originally elected to such office. |
12 | If by reason of a tie vote or otherwise, such vacancy shall |
13 | not have been filled by the members of city council within the |
14 | time as limited herein, the court of common pleas upon the |
15 | petition of ten or more qualified electors shall fill such |
16 | vacancy by the appointment of a qualified person for the portion |
17 | of the unexpired term as above provided.] (a) Within thirty |
18 | days after a vacancy occurs in the office of city controller or |
19 | in the office of city treasurer, or if an elected city |
20 | controller or city treasurer has failed to qualify pursuant to |
21 | section 701 prior to taking office, the council shall appoint a |
22 | qualified person to fill the vacant office. |
23 | (b) If council does not fill a vacancy within thirty days in |
24 | accordance with subsection (a), the president judge of the court |
25 | of common pleas having jurisdiction within the city shall fill |
26 | the vacancy upon the petition of ten or more registered voters |
27 | of the city. |
28 | (c) A person appointed under subsection (a) or (b) shall |
29 | serve for the lesser of the following periods: |
30 | (1) For the remainder of the unexpired term of the |
|
1 | controller or treasurer whose office has become vacant. |
2 | (2) Until the first Monday of January after the next |
3 | municipal election occurring at least two hundred days after |
4 | such vacancy occurs. |
5 | (d) If necessary to fill the unexpired term of the |
6 | controller or treasurer whose office has become vacant, a person |
7 | shall be elected at the municipal election referred to in |
8 | subsection (c) to serve from the first Monday of January after |
9 | that election for the remainder of the unexpired term. |
10 | (e) In any case in which a person is elected or appointed to |
11 | fill an office for which a bond is required and if, within |
12 | fourteen days of the date that person is scheduled to take the |
13 | oath of office at the organizational meeting of council, he or |
14 | she fails to post a bond, the office shall be deemed to be |
15 | vacant and the resulting vacancy shall be filled in the manner |
16 | provided by this act. |
17 | Section 24. Article IX heading of the act is reenacted to |
18 | read: |
19 | ARTICLE IX |
20 | GENERAL PROVISIONS RELATING TO CITY |
21 | OFFICERS AND EMPLOYES |
22 | Section 25. Sections 901, 902, 903, 904, 905, 906, 907, 908 |
23 | and 909 of the act are amended to read: |
24 | Section 901. Appointment and Removal of Officers and |
25 | Employes; Removal from Elective Office; Employes Not to Hold |
26 | Elective Office.--(a) Council shall have the power of |
27 | appointment and dismissal of all city officers and employes, |
28 | other than elected officers, and shall provide for the removal |
29 | of officers of the city whose offices are established by |
30 | ordinance, except where otherwise provided by this act. |
|
1 | (b) In the case of persons holding an elective city office, |
2 | whether elected thereto or duly appointed to fill a vacancy in |
3 | the elective office, the following shall apply: |
4 | (1) They shall be removed from office in accordance with the |
5 | Constitution of this Commonwealth, as follows: |
6 | (i) By impeachment; |
7 | (ii) By the Governor for reasonable cause after due notice |
8 | and full hearing on the advice of two-thirds of the Senate; or |
9 | (iii) Upon conviction of misbehavior in office, or of any |
10 | infamous crime. |
11 | (2) Provisions of this act or other provisions of law |
12 | requiring a forfeiture of office upon the conviction of a crime |
13 | shall apply only if the court determines that the conviction is |
14 | for misbehavior in office or for an infamous crime. |
15 | (3) Nothing in this section shall prevent title to elected |
16 | city offices from being tried by proceedings of quo warranto as |
17 | provided by law. |
18 | (c) In the case of persons who are appointees to city |
19 | offices or positions, other than to elective offices, the |
20 | following shall apply: |
21 | (1) They may be removed by the appointing power, except as |
22 | limited by law or the constitution. |
23 | (2) They shall be removed on conviction of misbehavior in |
24 | office or of any infamous crime. |
25 | (d) Except as otherwise provided by law, a person may not |
26 | concurrently hold elective city office and be an employe of the |
27 | same city. |
28 | Section 902. Officers and Employes; Number; Duties; |
29 | Compensation.--[Council shall] (a) Except as otherwise provided |
30 | by this act, council may prescribe, by ordinance, the number, |
|
1 | duties, and compensation of the officers and employes of the |
2 | city. [No payment of such compensation shall be made from the |
3 | city treasury or be in any way authorized, to any person except |
4 | an officer or employe elected or appointed in pursuance of law. |
5 | No ordinance shall be passed giving any extra compensation to |
6 | any officer, servant, employe or contractor, without previous |
7 | authority of law.] |
8 | (b) With regard to compensation paid to any officer or |
9 | employe of the city, the following shall apply: |
10 | (1) No payment shall be authorized from the city treasury to |
11 | any officer or employe of the city unless that officer or |
12 | employe has been elected or appointed in accordance with law. |
13 | (2) Unless previously authorized by law, no ordinance shall |
14 | give extra compensation to any officer or employe of the city. |
15 | (c) Any officer drawing or countersigning any [warrant] |
16 | document authorizing payment, or passing or paying any voucher |
17 | contrary to this section, shall be guilty of a misdemeanor[,] |
18 | and, upon conviction thereof, shall [forfeit his office,] be |
19 | subject to forfeiting his or her office in accordance with |
20 | section 901(b)(2) and be sentenced to pay a fine not exceeding |
21 | five thousand dollars, or to undergo imprisonment not exceeding |
22 | one year, or both, at the discretion of the court. |
23 | Section 903. [Salaries of Officers not to be Increased After |
24 | Election] Changes in Salary, Compensation and Emoluments of |
25 | Officers.--(a) No city shall increase or diminish the salary, |
26 | compensation, or emoluments of any elected officer after [his] |
27 | the officer's election. Any change in salary, compensation or |
28 | emoluments of the elected office shall become effective at the |
29 | beginning of the next term of the member of council or other |
30 | elected official. |
|
1 | (b) Nothing in subsection (a) shall be construed to limit |
2 | retirement benefits applicable to all employes and officers. |
3 | Section 904. Offices to be Held until Qualification of |
4 | Successors.--Any officer of any city, who has been elected or |
5 | appointed and has qualified, shall hold [said] office until his |
6 | or her successor is elected or appointed and [duly qualifies.] |
7 | takes the oath of office, provides any necessary bond and takes |
8 | any other necessary actions required by law to qualify to assume |
9 | office. Should any elected official fail to appear at the |
10 | organizational meeting of the city council to demonstrate his or |
11 | her qualifications for office and to take the oath of office, |
12 | such official shall fully qualify for office and shall take the |
13 | oath of office within fourteen days of the date of the |
14 | organizational meeting of the council or the office of that |
15 | elected official shall be deemed to be vacant and the vacancy |
16 | shall be filled in the manner provided by this act. When the |
17 | terms of office of more than one council at-large member expire, |
18 | and more than one seated council member are to be replaced as |
19 | the result of an election, and only one of the newly elected |
20 | council members fails to qualify to assume office, those members |
21 | whose terms have expired and who are to be replaced shall draw |
22 | lots to determine which of them shall continue to serve on |
23 | council until his or her successor duly qualifies for and takes |
24 | the oath of office. No person continuing to hold office pursuant |
25 | to this section after the first Monday of January which would |
26 | have marked the end of his or her term shall participate in the |
27 | deliberations concerning or in any vote appointing his or her |
28 | successor. |
29 | Section 905. Oath of Office; Violation of Oath; Penalty.-- |
30 | (a) All officers of the city, whether elected or appointed, |
|
1 | shall, before entering upon their respective duties, take and |
2 | subscribe [the oath prescribed by section 1 of article VII of |
3 | the Constitution of this Commonwealth. Any person refusing to |
4 | take such oath shall forfeit his office. Any person guilty of a |
5 | violation of his oath shall be guilty of a misdemeanor, and, |
6 | upon conviction, shall forfeit his office, and be sentenced to |
7 | pay a fine not exceeding one thousand dollars, or to undergo an |
8 | imprisonment not exceeding one year, or both, at the discretion |
9 | of the court.] an oath or affirmation of office pursuant to 53 |
10 | Pa.C.S. § 1141 (relating to form of oaths of office). |
11 | (b) Any person refusing to take the oath shall be deemed not |
12 | to have met the qualifications to hold office. Any person who |
13 | violates his or her oath shall be guilty of a misdemeanor, and |
14 | upon conviction thereof, shall be sentenced to pay a fine not |
15 | exceeding one thousand dollars or to undergo imprisonment not |
16 | exceeding one year, or both, at the discretion of the court, and |
17 | shall be subject to forfeiting his or her office in accordance |
18 | with section 901. |
19 | Section 906. Bond to be Given by Officers and Agents.-- |
20 | [Council] In addition to the requirements for bonding that may |
21 | be imposed by this act or any other law, council may require |
22 | from all officers and agents of the city, elected or appointed, |
23 | lawful bonds with corporate sureties for the faithful |
24 | performance of their duties. No officer or agent required by law |
25 | or ordinance to give bond, as aforesaid, shall be sworn into |
26 | office or enter upon the duties thereof until such bond shall |
27 | have been duly approved by the proper authority. |
28 | Section 907. Surety Bonds; [Premiums.--When any officer or |
29 | employe of any city is required to give a bond for the faithful |
30 | performance of this duties, such bond shall be endorsed by a |
|
1 | surety company, and the city shall pay the premium on such bond. |
2 | The bonds of city officers and employes hereafter given shall be |
3 | with corporate sureties and not with individual or personal |
4 | sureties.] Insurance; Premiums.--(a) Unless otherwise provided |
5 | by this act or any other provision of law, the following shall |
6 | apply when any elected or appointed officer or employe of any |
7 | city is required to give a bond: |
8 | (1) The bond shall be for the faithful performance of the |
9 | duties of the elected or appointed officer or employe. |
10 | (2) The bond shall be endorsed by a surety or other company |
11 | authorized by law to act as a surety and that is qualified to do |
12 | business in this Commonwealth. |
13 | (3) The bonds of elected or appointed officers and employes |
14 | shall be with corporate sureties and not with individual or |
15 | personal sureties. |
16 | (4) The city shall pay the premium on the bond, unless all |
17 | or a portion of the premium on the bond is to be paid by the |
18 | Commonwealth or political subdivisions other than the city, or |
19 | unless provisions are otherwise made in law for payment of the |
20 | premium on the bond, in which case the city shall pay the unpaid |
21 | portion of the premium. |
22 | (5) The bond shall be approved by the city solicitor. |
23 | (6) In addition to any other conditions required by law, the |
24 | bond shall be in such sum and with such conditions as council |
25 | may direct. |
26 | (b) Except as may be otherwise provided in section 1402, |
27 | when any elected or appointed officer or employe of any city is |
28 | required to give a bond for the faithful performance of his or |
29 | her duties, council may, in lieu of the bond, purchase one or |
30 | more blanket bonds for elected or appointed officers or employes |
|
1 | or it may purchase insurance provided that the insurance covers |
2 | the same events of loss and insures the city against the same |
3 | misconduct as the bond in compliance with this act. |
4 | (c) In addition to any bond required by this act for the |
5 | faithful performance of official duties by any elected or |
6 | appointed officer or employe of any city or any insurance in |
7 | lieu of the bond, council may require city officers or employes |
8 | who as part of their official duties handle money or have money |
9 | in their possession at any time to be covered by adequate |
10 | insurance which provides the types of protection against loss as |
11 | may be designated by council, which may include, but need not be |
12 | limited to, protection against loss through robbery, burglary or |
13 | larceny. The cost of the insurance shall be paid by the city and |
14 | the amount of the insurance shall be fixed by council. |
15 | Section 908. Officers not to Become Surety on Bonds Given to |
16 | City; Penalty.--No member of the council, or any other city |
17 | officer, shall become surety [in] on any bond or obligation |
18 | given to the city by any agent or contractor[,] for the faithful |
19 | performance of any trust, agency, or contract. Any person |
20 | violating any of the provisions of this section shall be guilty |
21 | of a misdemeanor[,] and, upon conviction, shall [forfeit] be |
22 | subject to forfeiting his or her office in accordance with |
23 | section 901 and be sentenced to pay a fine not exceeding one |
24 | hundred dollars. |
25 | Section 909. Moneys and Accounts to be Delivered by Officer |
26 | to Successor.--Every officer of the city receiving or having in |
27 | his or her possession any money, accounts, property, documents |
28 | or effects belonging to the city shall, upon termination of his |
29 | or her office, deliver the same to the city or to his or her |
30 | qualified successor. Any person violating the provisions of this |
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1 | section shall[, upon summary conviction thereof before an |
2 | alderman or justice of the peace, be sentenced to pay a fine of |
3 | not less than one hundred dollars or more than three hundred |
4 | dollars, and, in default of payment, undergo imprisonment not |
5 | exceeding ninety days. Such failure to deliver shall, for each |
6 | day thereof, be a separate and distinct offense.] be subject to |
7 | prosecution in accordance with the applicable provisions of 18 |
8 | Pa.C.S. (relating to crimes and offenses). Nothing set forth in |
9 | this section may limit any other remedies at law or at equity |
10 | available to the city. |
11 | Section 26. Sections 910, 911, 912, 913, 914 and 915 of the |
12 | act are repealed: |
13 | [Section 910. Receipt of Bribe by Officer or Employe of |
14 | City; Penalty.--Any member of council, or other city officer or |
15 | employe, who shall solicit, demand, or receive, or consent to |
16 | receive, directly or indirectly, for himself or for another, |
17 | from any company, corporation, or persons, any moneys, office, |
18 | appointment, employment, testimonial, reward, thing of value or |
19 | enjoyment or of personal advantage, or promise thereof, for his |
20 | vote or official influence, or for withholding the same, or with |
21 | an understanding, expressed or implied, that his vote or |
22 | official action shall be in any way influenced thereby, or who |
23 | shall solicit or demand such money or other advantage, matter, |
24 | or thing, aforesaid, for another, as the consideration of his |
25 | vote or official influence, or for withholding the same, or who |
26 | shall give or withhold his vote or influence in consideration of |
27 | the payment or promise of such money, advantage, or thing to |
28 | another, shall be guilty of bribery, a felony, and, upon |
29 | conviction thereof, shall be sentenced to pay a fine not |
30 | exceeding ten thousand dollars, and to undergo imprisonment for |
|
1 | a period not exceeding five years, and shall be forever |
2 | incapable of holding any place of profit or trust in this |
3 | Commonwealth. |
4 | Section 911. Bribery of Officers or Employes; Penalty.--Any |
5 | person who shall, directly or indirectly, offer, give, or |
6 | promise any money or anything of value, testimonial, privilege, |
7 | or personal advantage to any member of council or other city |
8 | officer or employe, to influence him in the performance or |
9 | nonperformance of any of his public or official duties, shall be |
10 | guilty of bribery, and, upon conviction thereof, shall be |
11 | sentenced to pay a fine not exceeding ten thousand dollars, and |
12 | to undergo imprisonment for a period not exceeding five years, |
13 | and shall be forever incapable of holding any place of profit or |
14 | trust in this Commonwealth. |
15 | Section 912. City Property not to be Used by Officers for |
16 | Gain; Penalty.--No portion of the property of the city shall be |
17 | used for private gain by any officer of the city, councilman, |
18 | agent or employe of said city, or any department thereof; nor |
19 | shall the same be wilfully used or injured, or be sold or |
20 | disposed of in any manner by any officer, councilman, agent or |
21 | employe, without the consent of the council. Any person |
22 | violating any of the provisions of this section shall be guilty |
23 | of a misdemeanor, and, upon conviction, shall be sentenced to |
24 | pay a fine not exceeding five hundred dollars, or to undergo |
25 | imprisonment not exceeding one year, or both, at the discretion |
26 | of the court. Upon such conviction, the party offending shall be |
27 | forthwith removed from his office or employment, and shall not |
28 | thereafter be eligible to election or appointment to any place |
29 | of profit or trust under said city, or any department thereof. |
30 | Section 913. City not to Engage in Private Construction.--No |
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1 | official, officer, agent or employe of any city or of any |
2 | department, office, institution or agency thereof, shall dispose |
3 | of, or authorize or permit the disposal of, any services, |
4 | materials, supplies or labor belonging to, or paid or contracted |
5 | for by, the city or any of its departments, offices, |
6 | institutions or agencies, in any building, installing, laying or |
7 | other work of construction of any manner of thing, whether |
8 | gratuitously or for a consideration, for private rather than |
9 | public benefit, within or without the city's boundaries, unless |
10 | such disposal is expressly or by necessary implication |
11 | authorized or required by law. This section is intended to |
12 | prohibit encroachment of officials, officers, agents or employes |
13 | of a city upon the markets of legitimate private enterprise |
14 | engaged in all types of construction work. Any official, |
15 | officer, agent or employe of a city or any department, office, |
16 | institution or agency thereof, violating the provisions of this |
17 | section, shall, upon summary conviction thereof, forfeit and pay |
18 | to the city a fine of not less than one hundred nor more than |
19 | three hundred dollars for each such offense, or in default |
20 | thereof undergo imprisonment for not more than ninety days; and |
21 | each day's violation shall constitute a separate and distinct |
22 | offense. |
23 | Section 914. Warrants or Claims not to be Purchased by |
24 | Officers; Penalty.--No member of the council or other officer of |
25 | such city, shall purchase any warrant, order, or claim for labor |
26 | or supplies furnished to said city, nor be interested, directly |
27 | or indirectly, in the purchase of the same for any sum less than |
28 | the amount specified therein. Any such person violating any of |
29 | the provisions of this section shall be guilty of a misdemeanor, |
30 | and, upon conviction thereof, shall forfeit his office and be |
|
1 | sentenced to pay a fine not exceeding one hundred dollars. |
2 | Section 915. Imposition of Penalties.--Whenever any offense |
3 | punishable under this article IX shall also be punishable under |
4 | the Penal Code of 1939, the penalties imposed, other than |
5 | forfeiture of office or right to hold office, shall be only |
6 | those prescribed by said Penal Code.] |
7 | Section 27. Section 916 of the act, amended September 26, |
8 | 1951 (P.L.1515, No.379), is amended to read: |
9 | Section 916. [City Leagues] Pennsylvania League of Cities |
10 | and Municipalities and Other Municipal Affairs Organizations.-- |
11 | Any city may unite with other cities, or with the cities of two |
12 | or more classes, or with any other municipalities, and may form |
13 | and organize [leagues] a league of said cities[,] and |
14 | municipalities and hold annual conventions for the study and |
15 | consideration of such municipal affairs as concern and pertain |
16 | to the cities and municipalities comprising the league. [Each] A |
17 | city that is a member of [a] the league may send delegates |
18 | thereto and pay the necessary expenses incident to their |
19 | attending [said] the annual convention, [and] pay dues to the |
20 | league, appropriate moneys to join and participate in any of the |
21 | various business and training programs of the league designed to |
22 | address municipal needs in a cost-efficient manner and provide a |
23 | fund for the necessary costs and expenses of the league and |
24 | league conventions and the work carried on by [said] the league. |
25 | Each delegate shall submit to the city controller for approval |
26 | an itemized account of his or her expenses to be paid [him] |
27 | under the authority of this section. Council is hereby |
28 | authorized to appropriate [monies] moneys for like support of |
29 | and participation in other organizations at the national and |
30 | State level concerned with municipal affairs. |
|
1 | Section 28. Section 917 of the act is amended to read: |
2 | Section 917. Powers of Subpoena; Compelling Testimony.--[In |
3 | any case where an official or officer of the city or any agency |
4 | thereof created or authorized by this act is specifically |
5 | empowered to conduct hearings and investigations, such officer, |
6 | official or agency] (a) This section applies to any of the |
7 | following that are specifically empowered to conduct hearings |
8 | and investigations: |
9 | (1) an officer or official of the city; or |
10 | (2) a city agency created or authorized to be created by |
11 | this act. |
12 | (b) The officer, official or city agency referred to in |
13 | subsection (a) shall have authority, for the purposes of [such] |
14 | hearings or investigations, to issue subpoenas for the |
15 | attendance and giving of testimony of [such] witnesses as are |
16 | subject to the subpoenas of the courts of record of this |
17 | Commonwealth, and to issue subpoenas duces tecum as to [such] |
18 | the witnesses. |
19 | (c) In the case of [any] a city agency, [such] the subpoenas |
20 | shall [issue] be issued in the name of the city and of the |
21 | agency upon the signature of the presiding officer [thereof] of |
22 | the city and the official seal, if any, of the agency. [Any |
23 | person refusing to obey the orders of any such subpoena shall, |
24 | upon summary conviction thereof before an alderman of the city, |
25 | be fined not less than ten nor more than three hundred dollars, |
26 | and in default of payment thereof shall be imprisoned for a |
27 | period not in excess of thirty days. All such fines shall be |
28 | paid to the city treasurer for the use of the city.] |
29 | (d) Subpoenas shall be served by any adult person as |
30 | directed by the city or city agency, in accordance with the |
|
1 | rules of civil procedure, and return of service shall be filed |
2 | in accordance with law and applicable rules of court. |
3 | (e) Subpoenas issued by any officer or official of the city |
4 | or any city agency shall be enforced in the same manner, and |
5 | violations of a subpoena shall be subject to the same penalties |
6 | as provided by general law for subpoenas of the courts of common |
7 | pleas of the Commonwealth. |
8 | Section 29. Section 918 of the act, added August 1, 1963 |
9 | (P.L.459, No.244), is amended to read: |
10 | Section 918. Consolidation or Integration of Fire and Police |
11 | Personnel Prohibited.--No city shall consolidate, integrate or |
12 | in any manner reorganize the paid members of the fire [bureau] |
13 | force and the paid members of the police [bureau] force into one |
14 | bureau or organization. |
15 | Section 30. The act is amended by adding a section to read: |
16 | Section 919. Limitation Upon Employe Witnesses.--A city may |
17 | regulate the circumstances under which a city police officer, |
18 | firefighter, engineer, housing inspector, building inspector or |
19 | other employe may provide expert testimony in a civil action or |
20 | proceeding to which the city is not a party if the transaction |
21 | giving rise to the action or proceeding occurred within the city |
22 | and the employe's knowledge of the facts giving rise to the |
23 | action or proceeding was acquired in the course of the employe's |
24 | performance of his or her job-related duties for the city. |
25 | Section 31. Article X and subdivision (a) headings of the |
26 | act are reenacted to read: |
27 | ARTICLE X |
28 | THE COUNCIL |
29 | (a) General Provisions |
30 | Section 32. Section 1001 of the act, amended July 27, 1973 |
|
1 | (P.L.230, No.60), is amended to read: |
2 | Section 1001. Qualifications of [Councilmen.--The |
3 | councilmen] Council Members.--(a) The council members shall be |
4 | at least [twenty-one] eighteen years of age[,] and shall be |
5 | elected by the electors at large[. They shall have been |
6 | residents of the city wherein they shall be elected throughout |
7 | one year next before their election, and shall reside therein |
8 | throughout their terms of service.], subject to the creation of |
9 | wards pursuant to Article IV. |
10 | (b) Council members shall reside in the city from which |
11 | elected and shall have resided in the city continuously for at |
12 | least one year before their election. Prior to being sworn in to |
13 | office and as a condition to qualifying for office, each elected |
14 | council member shall present a signed affidavit to the city |
15 | clerk that states the person resides in the city from which |
16 | elected and has resided in the city continuously for at least |
17 | one year preceding the person's election. |
18 | (c) No officer of the United States or of the Commonwealth |
19 | of Pennsylvania (except notaries public or officers of the |
20 | militia), nor any county officer, nor any officer of any school |
21 | district embraced in the territory of [said] the city, nor any |
22 | officer or employe of [said] the city, or of any department |
23 | [thereof, nor any member or employe of a municipality authority |
24 | of which the city is a member] of the city, shall serve as a |
25 | [councilman during his continuance or] council member while |
26 | continuing to hold the incompatible office or employment, except |
27 | as hereinafter provided. |
28 | Section 33. Section 1002 of the act is amended to read: |
29 | Section 1002. Vesting of Legislative Power.--The legislative |
30 | power of every city shall be vested in a council composed of the |
|
1 | mayor and [four councilmen] council members. |
2 | Section 34. Section 1003 of the act, amended April 9, 1957 |
3 | (P.L.53, No.27), is amended to read: |
4 | Section 1003. Organization of Council.--[The] On the first |
5 | Monday of January following the regular municipal election, the |
6 | members of council shall assemble [in their] at the usual place |
7 | of meeting[,] for the purpose of organizing[, at ten o'clock in |
8 | the forenoon of the first Monday of January next succeeding the |
9 | regular municipal election]. If the first Monday is a legal |
10 | holiday, the meeting shall be held the first day following [at |
11 | the time herein prescribed]. The mayor shall be the president of |
12 | the council, and a member [thereof] of the council, and shall |
13 | have the same rights and duties, including the introduction of |
14 | bills and the making of motions, as pertain to [councilmen.] |
15 | other council members. The vice president of city council shall |
16 | be the member of city council designated as the director of the |
17 | department of accounts and finance or, if a member of city |
18 | council is not the director of that department, the member of |
19 | council appointed by the council as its vice president. |
20 | Section 35. Sections 1004 and 1005 of the act are amended to |
21 | read: |
22 | Section 1004. Oath of [Councilmen] Council Members; Quorum; |
23 | Rules.--(a) The members of council shall take the oath of |
24 | office provided for [by this act, which oath may be administered |
25 | by the city clerk or any other person authorized to administer |
26 | oaths. Three] in section 905. |
27 | (b) A majority of the whole number of members of council |
28 | shall constitute a quorum, but a smaller number may compel the |
29 | attendance of absent members, under penalties to be prescribed |
30 | by ordinance. Only members physically present at a meeting place |
|
1 | within the city shall be counted in establishing a quorum. |
2 | (c) The council may, consistent with law, determine [its own |
3 | rules] and adopt rules for its procedure and conduct of |
4 | business. |
5 | Section 1005. Meetings of Council; Notice; Participation by |
6 | Telecommunication Device.--(a) The council shall hold stated |
7 | meetings at least once in each month, and at such other times as |
8 | may be fixed by ordinance, and continue them so long as the |
9 | transaction of the public business demands. The mayor [may, and |
10 | upon request of two councilmen must, call special meetings of |
11 | council upon], as president of council, may call special |
12 | meetings of council. A special meeting of council shall be |
13 | called by the mayor upon the request of two council members in |
14 | the case of a five-member council, or upon the request of three |
15 | council members in the case of a seven-member council. In |
16 | addition to any notice required by 65 Pa.C.S. Ch. 7 (relating to |
17 | open meetings), twenty-four hours' notice of a special meeting |
18 | shall be given to each member[, which notice shall state whether |
19 | such meeting is to be convened for special or general business. |
20 | If called for special business, only such business shall be |
21 | considered as is stated in the notice. Such notice may be waived |
22 | by unanimous consent of council]. A special meeting can be a |
23 | special purpose meeting or a general purpose meeting, as |
24 | advertised. |
25 | (b) Council may provide for the participation of council |
26 | members in meetings of council by means of telecommunication |
27 | devices, such as telephones or computer terminals, which permit, |
28 | at a minimum, audio communication between locations, provided |
29 | that: |
30 | (1) a majority of the whole number of members of council are |
|
1 | physically present at the advertised meeting place within the |
2 | city; |
3 | (2) the telecommunication device used permits the member of |
4 | council not physically present at the meeting to hear the |
5 | comments of and speak to the other members of council and of the |
6 | general public who are physically present; |
7 | (3) the telecommunication device used permits members of |
8 | council and the members of the public who are physically present |
9 | at the meeting to speak to and hear the comments and vote, if |
10 | any, of the member of council who is not physically present at |
11 | the meeting; and |
12 | nothing in this subsection may be construed to limit the |
13 | protections and prohibitions contained in section 202 of the |
14 | Americans with Disabilities Act of 1990 (Public Law 101-336, 104 |
15 | Stat. 327), and the Federal rules and regulations adopted in |
16 | implementation of that act. |
17 | (c) All meetings of council, whether regular or special, |
18 | shall be open to the public. The council shall be a continuous |
19 | body, and it shall be lawful for any council to complete any |
20 | unfinished business or legislation begun by the preceding |
21 | council. |
22 | Section 36. Sections 1006, 1007, 1008, 1009, 1010 and 1011 |
23 | of the act are repealed: |
24 | [Section 1006. Ordinances; Resolutions; Rules and |
25 | Regulations; Imposition of Fines.--The council of every city |
26 | shall pass ordinances, resolutions, rules and regulations in |
27 | accordance with the provisions of this act, and not inconsistent |
28 | therewith, as may be necessary to carry into effect the |
29 | requirements thereof, and may impose fines and penalties for the |
30 | violation of such ordinances, rules and regulations, recoverable |
|
1 | in the manner hereinafter provided for the recovery of fines and |
2 | penalties for the violation of city ordinances and subject to |
3 | like limitations as to the amount thereof. |
4 | Section 1007. Voting; No Veto; Vote Necessary to Pass |
5 | Ordinance.--Each of the five members of council, shall vote on |
6 | all questions coming before the council, except as hereafter |
7 | provided. The mayor shall have no right of veto. Except as |
8 | otherwise provided in this act, an affirmative vote of three |
9 | members shall be necessary in order to pass any ordinance, |
10 | resolution, rule or regulation. |
11 | Section 1008. Journal of Proceedings; Recording and |
12 | Withholding of Vote.--The council shall keep a journal of its |
13 | proceedings, which shall be in the possession of the city clerk, |
14 | and which shall at all times be open to public inspection. Upon |
15 | every vote, the yeas and nays shall be called and recorded by |
16 | the city clerk. Every motion, resolution, or ordinance shall be |
17 | reduced to writing before the vote is taken thereon. No member |
18 | in attendance shall withhold his vote on any measure, bill or |
19 | question unless the council excuse him and enter the reason upon |
20 | the journal. |
21 | Section 1009. Disclosures of Interest by Councilman.--A |
22 | member who has a personal or private interest in any question, |
23 | measure or bill proposed or pending before the council shall |
24 | disclose the fact to council, and shall not vote thereon, nor |
25 | take any part in the discussion of the same. If such interested |
26 | person shall vote without disclosing his interest in such |
27 | question, measure or bill, he shall forfeit his office, and |
28 | council may avoid the enactment or transaction or not, as it |
29 | deems best. |
30 | Section 1010. Ordinances and Resolutions; Signing by Mayor |
|
1 | and City Clerk.--Every legislative act of the council shall be |
2 | by resolution or ordinance, and every ordinance which shall have |
3 | passed said council shall be signed by the mayor and attested by |
4 | the city clerk. |
5 | Section 1011. Bills; Titles.--All proposed ordinances shall |
6 | be presented to council in written form as bills and shall be |
7 | numbered serially for the calendar year. They shall not be so |
8 | altered or amended on their passage through council as to change |
9 | their original purpose. No ordinances, except general |
10 | appropriation ordinances, shall be passed containing more than |
11 | one subject, which shall be expressed in its title.] |
12 | Section 36.1. Section 1012 of the act, amended July 30, 1975 |
13 | (P.L.130, No.64), is repealed: |
14 | [Section 1012. Reading of Bills; Final Passage.--The title |
15 | of every bill shall be read when introduced and on final |
16 | passage, except as to amendments or other changes which shall be |
17 | read at length. A complete copy of every bill introduced shall |
18 | be available for public inspection at the clerk's office during |
19 | regular office hours. No bill shall be passed finally on the |
20 | same day on which it was introduced. At least three days shall |
21 | intervene between its introduction and its final passage. Upon |
22 | final passage, ordinances shall be numbered serially.] |
23 | Section 36.2. Section 1013 of the act is repealed: |
24 | [Section 1013. Payments not Authorized by Law.--No ordinance |
25 | shall be passed providing for the payment of any money by the |
26 | city without previous authority of law. Any officer drawing or |
27 | countersigning any warrant or passing any voucher for a payment |
28 | not authorized by law, or making such payment, shall be guilty |
29 | of a misdemeanor, and, upon conviction thereof, shall be |
30 | sentenced to pay a fine not exceeding five thousand dollars, and |
|
1 | undergo imprisonment not exceeding one year.] |
2 | Section 36.3. Section 1014 of the act, amended December 1, |
3 | 1977 (P.L.242, No.78), is repealed: |
4 | [Section 1014. Time of Taking Effect of Ordinances; |
5 | Publication; Recording; Proof and Evidence; Notice of Building, |
6 | Housing, Fire Prevention, Electrical, Plumbing and Zoning |
7 | Ordinances and Other Standard or Nationally Recognized Codes, |
8 | Maps and Plans.--All ordinances shall, unless otherwise provided |
9 | therein or by law, take effect in ten days after their passage, |
10 | upon their being signed by the mayor and attested by the city |
11 | clerk. Every proposed ordinance, except as otherwise herein |
12 | provided, prescribing a penalty for the violation thereof shall |
13 | be forthwith published not more than sixty days nor less than |
14 | seven days prior to passage in at least one and not more than |
15 | two newspapers printed or circulated within the city, in the |
16 | manner provided by section one hundred and nine of this act. |
17 | Publication of any proposed ordinance shall include either the |
18 | full text thereof or the title and a brief summary prepared by |
19 | the city solicitor setting forth all the provisions in |
20 | reasonable detail and a reference to a place within the city |
21 | where copies of the proposed ordinance may be examined. If the |
22 | full text is not included a copy thereof shall be supplied to |
23 | the same newspaper of general circulation in the city at the |
24 | time the public notice is published. If the full text is not |
25 | included an attested copy thereof shall be filed in the county |
26 | law library or other county office designated by the county |
27 | commissioners who may impose a fee no greater than that |
28 | necessary to cover the actual costs of storing said ordinances. |
29 | In the event substantial amendments are made in the proposed |
30 | ordinance or resolution, before voting upon enactment, council |
|
1 | shall within ten days readvertise in one newspaper of general |
2 | circulation in the city, a brief summary setting forth all the |
3 | provisions in reasonable detail together with a summary of the |
4 | amendments. All ordinances shall, within one month after their |
5 | passage, be certified and recorded by the city clerk, in a book |
6 | provided by the city for that purpose, which shall be at all |
7 | times open to the inspection of citizens. Any and all city |
8 | ordinances, or portions thereof, the text of which, prior to the |
9 | effective date of this amending act, shall have been attached to |
10 | the city ordinance book, shall be considered in force just as if |
11 | such ordinances, or portions thereof, had been recorded directly |
12 | upon the pages of such ordinance book: Provided, That all other |
13 | requirements of this act applicable to the enactment, approval, |
14 | advertising and recording of such ordinance, or portions |
15 | thereof, were complied with within the time prescribed by this |
16 | act. All ordinances, resolutions, motions or other proceedings |
17 | of council may be proved by the certificate of the city clerk |
18 | under the corporate seal, and when printed or published in book |
19 | or pamphlet form by authority of the city, shall be read and |
20 | received as evidence in all courts and elsewhere without further |
21 | proof. At least one week and not more than three weeks prior to |
22 | the first reading of any proposed building code, ordinance, |
23 | housing code, ordinance, fire prevention code, ordinance, |
24 | electrical code, ordinance, plumbing code, ordinance, or zoning |
25 | ordinance, or any standard or nationally recognized code, |
26 | ordinance, or any changes or variations of any standard or |
27 | nationally recognized code, or parts thereof, by council, an |
28 | informative notice of intention to consider such ordinance and a |
29 | brief summary setting forth the principal provisions of the |
30 | proposed ordinance in such reasonable detail as will give |
|
1 | adequate notice of its contents, and a reference to the place or |
2 | places within the city where copies of the proposed building |
3 | code, housing code, fire prevention code, electrical code, |
4 | plumbing code, or zoning ordinance or any standard or nationally |
5 | recognized code may be examined or obtained, shall be published |
6 | in the manner herein provided for the publication of ordinances. |
7 | Such building code, ordinance, housing code, ordinance, fire |
8 | prevention code, ordinance, electrical code, ordinance, plumbing |
9 | code, ordinance, or zoning ordinance or any standard or |
10 | nationally recognized code, ordinance, shall not be published |
11 | after adoption, but not less than three copies thereof shall be |
12 | made available for public inspection, and use during business |
13 | hours for at least three months after adoption, and printed |
14 | copies thereof shall be supplied upon demand, at cost. In any |
15 | case in which maps, plans or drawings of any kind are to be |
16 | adopted as part of an ordinance, council may, instead of |
17 | publishing the same as part of the ordinance, refer, in |
18 | publishing the ordinance or a summary thereof, to the place |
19 | where such maps, plans or drawings are on file and may be |
20 | examined.] |
21 | Section 36.4. Section 1014.1 of the act, added July 10, 1957 |
22 | (P.L.631, No.340), is repealed: |
23 | [Section 1014.1. Codification of Ordinances.--(a) When a |
24 | city of the third class shall have caused to be prepared a |
25 | consolidation, codification or revision, containing minor |
26 | nonsubstantive changes of the general body of its ordinances, |
27 | the city council may adopt the consolidation, codification or |
28 | revision, containing minor nonsubstantive changes, as an |
29 | ordinance, in the same manner that is now prescribed by law for |
30 | the adoption of its ordinances except as hereinafter provided. |
|
1 | (b) A consolidation, codification or revision, containing |
2 | minor nonsubstantive changes of city ordinances, to be enacted |
3 | as a single ordinance, shall be introduced in the city council |
4 | at least thirty days before its final enactment and, at least |
5 | fifteen days before its final enactment, notice of the |
6 | introduction thereof specifying its general nature and content |
7 | shall be given by advertisement in a newspaper of general |
8 | circulation in the city. |
9 | (c) When the consolidation, codification or revision, |
10 | containing minor nonsubstantive changes, is enacted as an |
11 | ordinance, it shall not be necessary to advertise the entire |
12 | text thereof, but it shall be sufficient to publish or advertise |
13 | the table of contents thereof in the manner provided by law for |
14 | the advertising of ordinances, and to state in the advertisement |
15 | if it be the case that the consolidation, codification or |
16 | revision, containing minor nonsubstantive changes, contains a |
17 | penalty or penalties. The advertisement shall indicate a place |
18 | within the city where a copy thereof may be examined. |
19 | (d) The procedure set forth in this section for the |
20 | consolidation, codification or revision, containing minor |
21 | nonsubstantive changes of city ordinances as a single ordinance, |
22 | may also be followed in enacting a complete group or body of |
23 | ordinances repealing or amending existing ordinances as may be |
24 | necessary in the course of preparing a consolidation, |
25 | codification or revision containing minor nonsubstantive changes |
26 | of the city ordinances. |
27 | (e) The consolidation, codification or revision, containing |
28 | minor nonsubstantive changes, may contain matter which, when it |
29 | becomes effective as an ordinance, will operate to adopt by |
30 | reference any building, fire prevention or other standard or |
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1 | model code or zoning ordinance and zoning map.] |
2 | Section 37. Section 1015 of the act is amended to read: |
3 | Section 1015. Attendance of Witnesses and Production of |
4 | Books Before Council or Committee [Thereof] of Council.--(a) |
5 | The council of any city may compel the attendance of |
6 | witnesses[,] and the production of books, papers, and other |
7 | evidence[,] at any meeting of the body or any committee |
8 | [thereof] of the council. For that purpose, subpoenas may |
9 | [issue] be issued, signed by the mayor or the [chairman] |
10 | chairperson of the committee, in any pending case of inquiry[,] |
11 | or investigation, [or impeachment,] and the [same] subpoenas may |
12 | be served and executed in any part of this Commonwealth. Any |
13 | member of council and the city clerk shall have power to |
14 | administer oaths to [such] the witnesses. If any witness shall |
15 | refuse to testify as to any fact within his or her knowledge, or |
16 | to produce any books or papers within his or her possession or |
17 | under his or her control[,] required to be used as evidence in |
18 | any such case, the city clerk shall [forthwith] report the facts |
19 | relating to [such] the refusal to the court of common pleas. All |
20 | questions arising upon [such] the refusal, and also upon any new |
21 | evidence[,] not included in [said] the clerk's report (which new |
22 | evidence may be offered in behalf of or against such witness), |
23 | shall at once be heard by [said] the court. If the court |
24 | determines that the testimony or evidence required by [such] the |
25 | witness is legal and properly competent[,] and ought to be given |
26 | or produced by [him] the witness, then [said] the court shall |
27 | make an order commanding [such] the witness to testify or |
28 | produce books or papers, or both, as the case may be. If [such] |
29 | the witness shall thereafter, in disobedience of [such] the |
30 | order of the court, refuse to testify or to produce the books or |
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1 | papers[, as aforesaid], then the [said] court shall have power |
2 | to order the commitment of [such] the witness for contempt. |
3 | (b) Any person[,] so called as a witness[,] and examined |
4 | under oath[,] shall be liable to indictment, conviction[,] and |
5 | punishment for perjury[,] in the same manner and to the same |
6 | extent as if the witness had been called and examined before any |
7 | committee of the Legislature, or in any judicial proceeding |
8 | before any of the courts of record, in accordance with existing |
9 | laws. [No] A person outside of [such] the city, subpoenaed [as |
10 | aforesaid] under this section, shall be [required to respond to |
11 | the same until he has been furnished with] entitled to be |
12 | reimbursed for mileage to and from [said] the city[,] at the |
13 | [rate of ten cents per mile] maximum mileage rate periodically |
14 | established by the United States Internal Revenue Service, and a |
15 | per diem allowance [of three dollars] as established by council |
16 | for the person's time [his presence is desired] in [said] the |
17 | city. |
18 | Section 38. Section 1016 of the act, amended May 11, 1959 |
19 | (P.L.307, No.54), is amended to read: |
20 | Section 1016. Salaries.--[Councilmen] (a) Council members |
21 | shall receive for their services during their term of service |
22 | annual salaries, to be fixed by ordinance, payable in [monthly |
23 | or semi-monthly instalments] regular installments. Councils may, |
24 | by the ordinance fixing [said] the salaries, provide for the |
25 | assessment and retention [therefrom] from the salaries of |
26 | reasonable fines for absence from regular or special meetings of |
27 | council or [councilmanic] committees of the council. |
28 | (b) As an alternative to the annual salary method for |
29 | establishing the compensation payable to members of the city |
30 | council, the council may provide that the members of council |
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1 | will receive compensation on a per-meeting-attended basis, |
2 | provided that the compensation shall only be payable for duly |
3 | advertised public meetings in which a council member |
4 | participated. If council has provided that members of council |
5 | will receive compensation on a per-meeting basis, council may |
6 | provide for the forfeiture of up to one-twelfth of the annual |
7 | compensation of any council member or impose another appropriate |
8 | penalty for each unexcused absence from regularly scheduled |
9 | legislative council sessions. |
10 | (c) The salary paid to any [councilman] council member shall |
11 | [not be less than two hundred and fifty dollars per year.] be in |
12 | accordance with this subsection: |
13 | (1) For the term of city [councilmen] council members in |
14 | newly created cities, and until [thereafter] changed by |
15 | ordinance, [the salary of] each [councilman shall be] council |
16 | member may receive a salary as follows: |
17 | [In cities of fifteen thousand inhabitants or under by the |
18 | last United States census, each councilman shall receive a |
19 | salary of nine hundred dollars per annum; where said population |
20 | is between fifteen thousand and thirty thousand, one thousand |
21 | eight hundred dollars per annum; in cities having a population |
22 | above thirty thousand, three thousand six hundred dollars per |
23 | annum.] |
24 | (i) not more than one thousand eight hundred seventy-five |
25 | dollars per year in cities having a population of less than five |
26 | thousand; |
27 | (ii) not more than two thousand five hundred dollars per |
28 | year in cities having a population of five thousand or more, but |
29 | less than ten thousand; |
30 | (iii) not more than three thousand two hundred fifty dollars |
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1 | per year in cities having a population of ten thousand or more, |
2 | but less than fifteen thousand; |
3 | (iv) not more than four thousand one hundred twenty-five |
4 | dollars per year in cities having a population of fifteen |
5 | thousand or more, but less than twenty-five thousand; |
6 | (v) not more than four thousand three hundred seventy-five |
7 | dollars per year in cities having a population of twenty-five |
8 | thousand or more, but less than thirty-five thousand; and |
9 | (vi) not more than five thousand dollars per year in cities |
10 | having a population of thirty-five thousand or more. |
11 | (2) The compensation to be received by [councilmen shall not |
12 | be increased or diminished after their election; but succeeding |
13 | councils may change all compensation, said change to take effect |
14 | as to councilmen taking office at least six months after the |
15 | passage of the ordinance providing for such change.] council |
16 | members and elected officials in cities other than newly created |
17 | cities shall be fixed by ordinance of council finally enacted at |
18 | least two days prior to the last day fixed by law for candidates |
19 | to withdraw their names from nominating petitions previous to |
20 | the day of the municipal election. |
21 | Section 39. The act is amended by adding a section to read: |
22 | Section 1016.1. Appointment of City Clerk.--(a) The council |
23 | of each city shall appoint a city clerk who shall be an at-will |
24 | employe with no property interest in his or her position and |
25 | whose compensation shall be fixed by ordinance. |
26 | (b) Council may by ordinance or resolution prescribe duties |
27 | of the city clerk in addition to those established by law. The |
28 | city clerk shall have the power of a notary public to administer |
29 | oaths in any matter pertaining to the business of the city or in |
30 | any legal proceeding in which it is interested. |
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1 | (c) The records of council shall be in the actual or |
2 | constructive custody of the city clerk and shall be subject to |
3 | inspection and copying if permitted by the laws of the |
4 | Commonwealth governing open or public records generally. |
5 | Section 40. Section 1017 of the act, repealed in part April |
6 | 28, 1978 (P.L.202, No.53), is repealed: |
7 | [Section 1017. Enforcement of Ordinances; Recovery and |
8 | Payment Over of Fines and Penalties.--All actions, prosecutions, |
9 | complaints, and proceedings for the violation of the ordinances |
10 | of the city, and for fines, penalties, and forfeitures imposed |
11 | thereby, shall be instituted in the corporate name of the city, |
12 | and be conducted in the manner prescribed by law. |
13 | No warrant shall be issued except upon complaint, upon oath |
14 | or affirmation, specifying the ordinance for the violation of |
15 | which the same is issued. All process shall be directed to and |
16 | be served by any policeman or constable of the city, who shall |
17 | execute the same as may be provided by law. |
18 | Warrants shall be returnable forthwith. Every summons shall |
19 | be returnable in not less than five nor more than eight days |
20 | from the date thereof. Upon such return, like proceedings shall |
21 | be had in all cases as are directed by law for summary |
22 | convictions, or proceedings for the recovery of penalties, |
23 | before justices of the peace, with the same right of appeal from |
24 | any final judgment entered.] |
25 | Section 40.1. Section 1018 of the act is repealed: |
26 | [Section 1018. Cost of Maintenance of Prisoners in County |
27 | Jails.--When a prisoner shall be committed to any county jail or |
28 | prison in this Commonwealth, either for the nonpayment of a fine |
29 | or penalty imposed for the violation of any city ordinance, or |
30 | while awaiting a hearing upon any charge for the violation of |
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1 | any city ordinance, the cost of proceedings and the expenses of |
2 | maintaining such prisoner during his confinement by virtue of |
3 | any such commitment, shall be paid by the city, whose ordinances |
4 | were alleged to have been violated, or to which any such fines |
5 | or penalties are payable. The county in which such city is |
6 | located shall not be liable for any such maintenance, or to any |
7 | officer, magistrate, alderman, or person for any costs of such |
8 | proceedings.] |
9 | Section 41. Article X of the act is amended by adding a |
10 | subdivision to read: |
11 | (a.1) Ordinances |
12 | Section 1018.1. Ordinances and Resolutions.--(a) With |
13 | regard to ordinances, the following shall apply: |
14 | (1) The council of every city shall enact ordinances, in |
15 | accordance with the provisions of this act, as may be necessary |
16 | to carry out the requirements of this act and may impose fines |
17 | and penalties for the violation of the ordinances, recoverable |
18 | in the manner provided in this act for the recovery of fines and |
19 | penalties for the violation of city ordinances and subject to |
20 | limitations as to the amount of the fines and penalties. |
21 | (2) Every legislative act of the council shall be by |
22 | ordinance, and the legislative acts shall include, but not be |
23 | limited to, tax ordinances, general appropriation ordinances and |
24 | all ordinances that exercise the police power of the city, |
25 | regulate land use, development and subdivision, impose building, |
26 | plumbing, electrical, property maintenance, housing and similar |
27 | standards, and otherwise regulate the conduct of persons or |
28 | entities within the city and impose penalties for the violation |
29 | of the ordinances. |
30 | (3) A proposed ordinance may be introduced by any council |
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1 | member, and council may require that the introduction of a |
2 | proposed ordinance by a council member be by motion. |
3 | (b) With regard to resolutions, the following shall apply: |
4 | (1) The council of every city shall adopt resolutions in |
5 | accordance with the provisions of this act. |
6 | (2) The purposes for which resolutions may be adopted shall |
7 | include, but not be limited to, ceremonial or congratulatory |
8 | expressions of the good will of the council, statements of |
9 | public policy of the council, approval of formal agreements of |
10 | the city, except when the agreements arise under a previously |
11 | approved purchasing system of the city, approval of the |
12 | acquisition, disposition and leasing of real property and the |
13 | approval, when required, of administrative rules and regulations |
14 | arising under State statutes or city ordinances. |
15 | Section 1018.2. Voting; No Veto; Vote Necessary to Enact |
16 | Ordinances or Adopt Resolutions.--(a) Members of council |
17 | present or participating via a telecommunication device shall |
18 | vote on all questions coming before the council, except as may |
19 | be required by the provisions of any public official ethics law |
20 | which may from time to time be applicable to members of city |
21 | council and except as may be excused by a simple majority vote |
22 | of the members of council present at any meeting of the council |
23 | for such cause as they may determine to be appropriate and which |
24 | cause shall be entered upon the journal. |
25 | (b) The mayor shall have no right of veto. |
26 | (c) Except as otherwise provided in this act, no ordinance |
27 | may be enacted or resolution adopted by the council without an |
28 | affirmative vote of a majority of the whole number of the |
29 | members of council. |
30 | Section 1018.3. Journal of Proceedings; Recording and |
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1 | Withholding of Vote.--The council shall keep a journal of its |
2 | proceedings, which shall be in the possession of the city clerk |
3 | and which shall at all times be open to public inspection. Upon |
4 | every vote, the yeas and nays shall be called and recorded by |
5 | the city clerk. An ordinance shall and a resolution may be |
6 | reduced to writing before the vote is taken on the ordinance or |
7 | resolution. A member of council shall not withhold his or her |
8 | vote on any question coming before the council, unless permitted |
9 | to do so in accordance with section 1018.2(a). |
10 | Section 1018.4. Signing and Attesting Ordinances.--Every |
11 | legislative act of the council shall be by ordinance, and every |
12 | ordinance enacted by council shall be signed by the mayor and |
13 | attested by the city clerk. |
14 | Section 1018.5. Proposed Ordinances; Titles.--All proposed |
15 | ordinances shall be presented to council in written form as |
16 | bills and shall be numbered serially for the calendar year. No |
17 | ordinances, except general appropriation ordinances, may be |
18 | enacted containing more than one subject, which shall be |
19 | reasonably identified in its title. No ordinance shall be so |
20 | altered or amended upon enactment by council as to change the |
21 | original purpose. The title of an ordinance shall not be |
22 | considered in the construction or interpretation of the |
23 | ordinance by a court of competent jurisdiction. |
24 | Section 1018.6. Reading of Proposed Ordinances; Final |
25 | Enactment.--(a) The title of every proposed ordinance shall be |
26 | read at least twice, once when introduced and again before final |
27 | enactment by council except as to amendments or other changes to |
28 | the proposed ordinance, which shall be read at length. |
29 | (b) A complete copy of every ordinance introduced shall be |
30 | available for public inspection at the clerk's office during |
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1 | regular office hours. |
2 | (c) No ordinance shall be finally enacted by council on the |
3 | same day on which it was introduced, and at least three days |
4 | shall intervene between its introduction and its final enactment |
5 | by council. |
6 | (d) Upon enactment, ordinances shall be numbered serially. |
7 | Section 1018.7. Payments not Authorized by Law.--No |
8 | ordinance may be enacted or resolution be adopted providing for |
9 | the payment of any money by the city without previous authority |
10 | of law. Any officer executing a document authorizing payment or |
11 | passing a voucher for a payment not authorized by law, or making |
12 | the payment, shall upon conviction be guilty of a misdemeanor |
13 | and subject to punishment in accordance with the applicable |
14 | provisions of 18 Pa.C.S. (relating to crimes and offenses). |
15 | Section 1018.8. Time of Taking Effect of Ordinances.--All |
16 | ordinances, except those pertaining to the subjects set forth in |
17 | section 1050(b), and unless otherwise provided by law, shall |
18 | take effect on the tenth day after enactment, upon being signed |
19 | by the mayor and attested by the city clerk. |
20 | Section 1018.9. Publication of Proposed Ordinances.--(a) |
21 | Every proposed ordinance, except as otherwise provided in this |
22 | act, shall be published in a newspaper not more than sixty days |
23 | nor less than seven days prior to enactment. |
24 | (b) Except as otherwise provided in law, the publication of |
25 | a proposed ordinance shall include either the full text or the |
26 | title of the ordinance and a reference to a place within the |
27 | city where copies of the proposed ordinance may be examined. If |
28 | the full text is not published, the newspaper in which the |
29 | proposed ordinance is published shall, upon request, be |
30 | furnished a copy of the ordinance. |
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1 | (c) In the event substantial amendments are made in the |
2 | proposed ordinance, council shall within ten days from the date |
3 | of final enactment readvertise in a newspaper a brief summary |
4 | setting forth all the provisions in reasonable detail together |
5 | with a summary of the amendments. |
6 | Section 1018.10. Filing of Proposed Ordinances.--(a) If the |
7 | full text is not published, an attested copy of the proposed |
8 | ordinance shall be filed in the county law library or other |
9 | county office designated by the county commissioners who may |
10 | impose a fee no greater than that necessary to cover the actual |
11 | costs of storing the proposed ordinances. |
12 | (b) The date of filing the proposed ordinance with the |
13 | county shall not affect the effective date of the ordinance or |
14 | the validity of the process of enactment of the ordinance, nor |
15 | shall a failure to file within the time provided be deemed a |
16 | defect in the process of the enactment or adoption of the |
17 | ordinance. |
18 | Section 1018.11. Records of Ordinances Maintained by the |
19 | City Clerk.--(a) All ordinances shall, within one month after |
20 | their enactment, be certified and recorded by the city clerk in |
21 | a book provided by the city for that purpose which shall be at |
22 | all times open to the inspection of citizens. A standard or |
23 | nationally recognized code or any portion of the standard or |
24 | nationally recognized code enacted by reference need not be |
25 | recorded in or attached to the ordinance book, but shall be |
26 | deemed to have been legally recorded if the ordinance by which |
27 | the code was enacted by reference shall have been recorded, with |
28 | an accompanying notation stating where the full text of the code |
29 | shall have been filed. |
30 | (b) At the close of each year, with the advice and |
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1 | assistance of the city solicitor, the city clerk shall bind, |
2 | compile or codify all the ordinances of the city, or true copies |
3 | of the ordinances, which then remain in force and effect. |
4 | (c) The city clerk shall also properly index the record |
5 | books, compilation or codification of ordinances. |
6 | (d) The retention of ordinances shall be in accordance with |
7 | 53 Pa.C.S. Pt. III Ch. 13 Subch. F (relating to records). |
8 | (e) A city ordinance, or portions of a city ordinance, the |
9 | text of which prior to the effective date of this act shall have |
10 | been attached to the city ordinance book, shall be considered in |
11 | force as if the ordinance, or portions of the ordinance, had |
12 | been recorded directly upon the pages of the ordinance book. |
13 | Section 1018.12. Proof and Evidence.--All ordinances, |
14 | resolutions, motions or other proceedings of council may be |
15 | proved by the certificate of the city clerk under the corporate |
16 | seal and, when printed or published in book or pamphlet form by |
17 | authority of the city, shall be read and received as evidence in |
18 | all courts and elsewhere without further proof. |
19 | Section 1018.13. Standard or Nationally Recognized Codes.-- |
20 | (a) In the same manner as other ordinances, and except as |
21 | otherwise provided in this act or the Pennsylvania Construction |
22 | Code Act, council may enact, by reference to a standard or |
23 | nationally recognized code, all or any portion of the standard |
24 | or nationally recognized code as an ordinance of the city. Three |
25 | copies of the proposed standard or nationally recognized code, |
26 | portion of the code or amendment to the code shall be filed in |
27 | the office of the city clerk at least ten days before the city |
28 | council considers the proposed ordinance and upon enactment |
29 | shall be kept with the ordinance book and available for public |
30 | use, inspection and examination. |
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1 | (b) (1) Except as otherwise provided by the Pennsylvania |
2 | Construction Code Act, and regulations adopted pursuant to the |
3 | act, an ordinance adopting by reference any standard or |
4 | nationally recognized code shall be enacted within sixty days |
5 | after its introduction and shall encompass subsequent changes in |
6 | the code unless otherwise specified in the ordinance. |
7 | (2) An ordinance which incorporates standard or nationally |
8 | recognized code amendments by reference shall become effective |
9 | after the same procedure and in the same manner as is specified |
10 | in this section for original adoption of the code. |
11 | (c) An ordinance that incorporates by reference standard |
12 | technical regulations or code shall be subject to the provisions |
13 | of the Pennsylvania Construction Code Act, if applicable. |
14 | Section 1018.14. Maps, Plans or Drawings.--Except as may be |
15 | otherwise provided under the Pennsylvania Municipalities |
16 | Planning Code, if maps, plans or drawings of any kind are to be |
17 | adopted as part of an ordinance, the council may, instead of |
18 | publishing the maps, plans or drawings as part of the ordinance, |
19 | make reference in publishing the ordinance or a summary of the |
20 | ordinance to the place where the maps, plans or drawings are on |
21 | file and may be examined. Once enacted as part of an ordinance, |
22 | a map, plan or drawing shall be amended by ordinance. |
23 | Section 1018.15. Codification of Ordinances.--(a) City |
24 | council may prepare a consolidation or codification of the |
25 | general body of city ordinances or the ordinances on a |
26 | particular subject. City council may adopt the consolidation or |
27 | codification as an ordinance of the city in the same manner |
28 | prescribed for the adoption of its ordinances, except as |
29 | follows: |
30 | (1) A consolidation or codification to be enacted as a |
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1 | single ordinance shall be introduced in the city council at |
2 | least thirty days before its final enactment; and at least |
3 | fifteen days before final enactment, notice of introduction of |
4 | the consolidation or codification specifying its general nature |
5 | and content shall be given by advertisement in a newspaper. |
6 | (2) The required advertised notice of the proposed adoption |
7 | of the consolidation or codification shall include a listing of |
8 | its table of contents, and the advertisement shall indicate a |
9 | place within the city where a copy of the proposed consolidation |
10 | or codification may be examined. |
11 | (b) The procedure for the consolidation or codification of |
12 | city ordinances as a single ordinance may also be followed in |
13 | enacting a complete group or body of ordinances repealing or |
14 | amending existing ordinances as may be necessary in the course |
15 | of preparing a consolidation or codification of the city |
16 | ordinances, except that the advertisement giving notice of the |
17 | proposed adoption shall list, in lieu of a table of contents, |
18 | the titles only of each of the ordinances in the complete group |
19 | or body of ordinances. |
20 | (c) The consolidation or codification may contain matter, |
21 | which, when it becomes effective as an ordinance, will operate |
22 | to adopt by reference any building, fire prevention or other |
23 | standard or model code or zoning ordinance and zoning map in |
24 | accordance with section 1018.13 and, if applicable, section |
25 | 1018.14. |
26 | Section 1018.16. Enforcement of Ordinances; Recovery and |
27 | Payment of Fines and Penalties.--(a) Actions, prosecutions, |
28 | complaints and proceedings for the violation of the ordinances |
29 | of the city and for fines, penalties and forfeitures imposed |
30 | shall be instituted in the corporate name of the city and be |
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1 | conducted in the manner prescribed by law. |
2 | (b) Unless otherwise provided by law, proceedings for the |
3 | violation of the ordinances of the city shall be conducted as |
4 | summary conviction proceedings, or proceedings for the recovery |
5 | of penalties, before magisterial district judges, with the same |
6 | right of appeal from any final judgment entered. |
7 | Section 1018.17. Penalty.--A person who violates any |
8 | ordinance enacted under the authority of this act for which no |
9 | penalty is otherwise specified commits a summary offense and, |
10 | upon conviction, shall be sentenced to pay a fine not exceeding |
11 | one thousand dollars or undergo imprisonment not exceeding |
12 | ninety days, or both, at the discretion of the court. |
13 | Section 42. Article X subdivision (b) heading of the act is |
14 | amended to read: |
15 | (b) [Initiative] Initiating Ordinances |
16 | by Electors |
17 | Section 43. Sections 1030, 1031, 1032, 1033, 1034, 1035, |
18 | 1036, 1037, 1038, 1039, 1040 and 1041 of the act are amended to |
19 | read: |
20 | Section 1030. Initiation of Proposed Ordinances by Petition; |
21 | Exceptions.--[Any] (a) Except as provided in subsection (b), a |
22 | proposed ordinance may be submitted to the council by a petition |
23 | signed by the electors of any city[, as hereinafter provided, |
24 | except: |
25 | (a) Proposed ordinances relating to any matter, subject or |
26 | thing, which is not the subject of a referendum vote as provided |
27 | in subdivision (c) of this article; or |
28 | (b) Proposed ordinances to repeal, amend, or modify any |
29 | ordinance which has been subject to the provisions of the |
30 | referendum as provided in subdivision (c) of this article.] in |
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1 | accordance with this subdivision. |
2 | (b) The following proposed ordinances may not be submitted |
3 | to council by petition in accordance with this subdivision: |
4 | (1) Proposed ordinances dealing with the subjects set forth |
5 | in section 1050(b). |
6 | (2) Proposed ordinances to repeal, amend or modify an |
7 | ordinance which took effect after having been subject to the |
8 | provisions of the referendum for reconsideration of the |
9 | ordinance. |
10 | Section 1031. Petition; Notice.--[The city clerk, upon the |
11 | written request of one hundred qualified electors of the city, |
12 | directed to him, asking for the preparation of a petition for |
13 | the submission of any proposed ordinance to the council of such |
14 | city, and accompanied by a copy of the proposed ordinance, shall |
15 | prepare such petition within ten days, and in the meantime |
16 | notice shall be published, at least one time, in one newspaper, |
17 | in the manner provided by section one hundred and nine of this |
18 | act, that such petition will be ready for signing at the |
19 | expiration of ten days from the presentation of said request. |
20 | This notice shall state the purpose for which the petition is |
21 | made, the place where and when it may be signed. Fifteen days |
22 | shall be allowed for signatures.] If the city clerk receives a |
23 | written request for the preparation of a petition for the |
24 | submission of a proposed ordinance to the city council by at |
25 | least one hundred qualified electors of the city and the request |
26 | is accompanied by a copy of the proposed ordinance, the city |
27 | clerk shall, within ten days after receiving the request, do |
28 | each of the following: |
29 | (1) Prepare the requested petition. |
30 | (2) Publish notice at least one time in a newspaper that |
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1 | provides, at a minimum, the following information: |
2 | (i) The date on which the request for the petition was |
3 | received and that the petition will be ready for signing at the |
4 | expiration of ten days from that date. |
5 | (ii) The purpose for which the petition is made. |
6 | (iii) The place at which and the dates and times during |
7 | which the petition may be signed, with fifteen days, exclusive |
8 | of Saturdays, Sundays and holidays, being allowed for |
9 | signatures. |
10 | Section 1032. Signing; Oath.--[The signing] A petition for |
11 | the submission of a proposed ordinance shall be [done] signed in |
12 | the city clerk's office only. The petition shall be retained |
13 | [there] in the city clerk's office at all times [during the] for |
14 | a period of fifteen days. Each signer shall add to his or her |
15 | signature his or her place of residence by street and number[,] |
16 | and shall make oath before the city clerk that he or she is a |
17 | qualified elector of the city and resides at the address given. |
18 | The city clerk shall keep his or her office open for the purpose |
19 | of permitting voters to sign [such] the petition [from eight |
20 | o'clock ante meridian to ten o'clock post meridian of each day |
21 | except Sundays and holidays] at least from nine o'clock ante |
22 | meridian through seven o'clock post meridian, prevailing time, |
23 | Monday through Friday, except holidays. [He] The city clerk |
24 | shall not permit any person to sign [such] petitions after [ten |
25 | o'clock post meridian] seven o'clock post meridian, prevailing |
26 | time, on the last day for signing the same. |
27 | Section 1033. Number of Signatures; Examination and |
28 | Certificate by City Clerk.--[At the expiration of the fifteen |
29 | days aforesaid, and within ten days thereafter,] Within ten days |
30 | after the period of time for signing the petition has elapsed, |
|
1 | the city clerk shall examine [such] the petition[,] and, from |
2 | the record of registered voters of the city, ascertain whether |
3 | or not [said] the petition is signed by voters equal to twenty |
4 | per centum of all votes cast for all candidates for mayor at the |
5 | last preceding municipal election at which a mayor was elected. |
6 | If necessary, the council [shall] may allow the city clerk extra |
7 | help for [that] the purpose of complying with this section. The |
8 | city clerk shall attach to [said] the petition his or her |
9 | certificate showing the result of [said] the examination. If |
10 | less than the required twenty per centum is certified, the |
11 | petition shall fail and shall be filed in the office of the city |
12 | clerk. |
13 | Section 1034. Submission to Council.--If the petition [shall |
14 | be] is certified to contain signatures equalling the required |
15 | twenty per centum of said votes cast as aforesaid, the clerk |
16 | shall submit the same to the council without delay. |
17 | Section 1035. Actions by Council; Notices.--If the petition |
18 | accompanying the proposed ordinance [be] is signed by electors |
19 | equal in number to twenty per centum of the votes cast for all |
20 | candidates for mayor at the last preceding municipal election at |
21 | which a mayor was elected, the council shall either: |
22 | (a) [Pass said] enact the proposed ordinance without |
23 | alteration[,] within twenty days (except as otherwise provided |
24 | herein)[,] after attachment of the clerk's certificate to the |
25 | accompanying petition; or |
26 | (b) [Forthwith, after the clerk shall attach to the petition |
27 | accompanying such ordinance his certificate of sufficiency, the |
28 | council shall call a special election] call for a referendum to |
29 | be held at the time of the next general, municipal or primary |
30 | election occurring at least ninety days thereafter[;], and at |
|
1 | [such] which election[, such] the proposed ordinance shall be |
2 | submitted without alteration to the vote of the electors of the |
3 | [said] city, after attachment of the clerk's certificate to the |
4 | accompanying petition. Notice of [such] the election [shall be |
5 | given as provided by the Pennsylvania Election Code.] and the |
6 | text of the question to be submitted to the electors shall be |
7 | published in the same manner as publication is required in |
8 | section 1201 of the Pennsylvania Election Code. |
9 | Section 1036. Form of Ballot [or Ballot Label] on Submission |
10 | to Vote.--[The ballots or ballot labels used when voting upon |
11 | said ordinance shall be supplied by the county board of |
12 | elections, and shall contain a question, stating the nature of |
13 | the proposed ordinance, followed by the words "yes" and "no" and |
14 | shall be as provided in the Pennsylvania Election Code. The |
15 | votes shall be counted and returns thereof made and computed as |
16 | provided in section ten hundred and sixty-two of this act.] The |
17 | question to be submitted to the electors on the proposed |
18 | ordinance shall be framed to state the nature of the proposed |
19 | ordinance, followed by the words "yes" and "no," and the |
20 | question shall be placed on the ballots which shall be counted, |
21 | returned and computed in accordance with section 1062 and the |
22 | election laws of the Commonwealth. |
23 | Section 1037. Effect of Majority Vote.--If the majority of |
24 | the qualified electors voting on the proposed ordinance shall |
25 | vote in favor [thereof, such] of the ordinance, the ordinance |
26 | shall [thereupon] become a valid and binding ordinance of [said] |
27 | the city. |
28 | Section 1038. No Repeal Within Two Years.--[Any] An |
29 | ordinance so proposed by petition, whether [passed] enacted by |
30 | council or adopted by a vote of the electors, [cannot] shall not |
|
1 | be repealed or amended within two years of its effective date |
2 | except by a vote of the electors. |
3 | Section 1039. Number of Proposed Ordinances to be Submitted; |
4 | [Special] Elections Limited.--Any number of proposed ordinances |
5 | may be voted upon at the same election, in accordance with the |
6 | provisions of this subdivision[: Provided, That]. Proposed |
7 | ordinances on the same subject matter shall not be submitted by |
8 | petition [oftener] more frequently than once [in] every three |
9 | years. |
10 | Section 1040. Submission for Repeal by Council.--The council |
11 | may submit a proposition for the repeal or amendment of [any |
12 | such] an ordinance to be voted upon at any succeeding municipal, |
13 | general or primary election[,] occurring at least ninety days |
14 | [thereafter] after council's submission of the proposition. |
15 | Should [such] the submitted proposition[, so submitted,] receive |
16 | a majority of the votes cast [thereon] on the proposition at |
17 | [such] the election, [such] the ordinance shall [thereby] be |
18 | repealed or amended accordingly. |
19 | Section 1041. Publication of Proposed Ordinance; Repeal or |
20 | Amendment.--Whenever any proposed ordinance is to be submitted |
21 | to the voters of the city at any election, or any ordinance is |
22 | submitted by council for repeal or amendment, notice [thereof] |
23 | of the election and text of the question to be submitted to the |
24 | electors shall be published [as required by] in the same manner |
25 | as publication is required in section 1201 of the Pennsylvania |
26 | Election Code. |
27 | Section 44. Article X subdivision (c) heading of the act is |
28 | amended to read: |
29 | (c) [Referendum] Reconsidering Ordinances by Electors |
30 | Section 45. Sections 1050, 1051, 1052, 1053, 1054, 1055 and |
|
1 | 1056 of the act are amended to read: |
2 | Section 1050. [Referendum; Exceptions.--No] Time Ordinances |
3 | Go Into Effect.--(a) Except as provided in subsection (b), no |
4 | ordinance [passed] enacted by council shall go into effect |
5 | before ten (10) days from the time of its final [passage, |
6 | except] enactment by council. |
7 | (b) Ordinances dealing with the following subjects may be |
8 | made effective upon final enactment: |
9 | [(a)] (1) Ordinances expressly required to be [passed] |
10 | enacted by the general laws of the State or by the provisions of |
11 | any act of Assembly, or the provisions of which and the matters |
12 | to be carried out [thereunder] under the ordinance are subject |
13 | to the approval of an officer or tribunal of the [State |
14 | Government;] Commonwealth. |
15 | [(b)] (2) Ordinances providing for tax levies or fees, |
16 | annual and other appropriations[,] and for the exercise of the |
17 | right of eminent domain[;]. |
18 | [(c)] (3) Ordinances for the preservation of the public |
19 | peace, health, morals, safety[,] and in the exercise of the |
20 | police powers of the city government, and for the prevention and |
21 | abatement of nuisances[;]. |
22 | [(d)] (4) Any ordinance providing for an election to |
23 | increase indebtedness, and any other ordinance which by law must |
24 | be submitted to an election before it shall take effect[;]. |
25 | [(e)] (5) Ordinances for the opening, paving, grading[,] or |
26 | other improvement of streets or highways, when the improvement |
27 | is petitioned for by a majority in number or interest of the |
28 | abutting property owners[;]. |
29 | [(f)] (6) Ordinances for the construction of sewers[,] and |
30 | for the purpose of keeping the streets, highways[,] and |
|
1 | sidewalks in good order and repair and in a safe and passable |
2 | condition[;]. |
3 | Section 1051. Petition; Reconsideration of Ordinance.--[If, |
4 | during such period of ten days from the time of its final |
5 | passage, a petition signed by electors of the city equal in |
6 | number to at least twenty per centum of the entire vote cast for |
7 | all candidates for mayor at the last preceding municipal |
8 | election at which a mayor was elected, protesting against the |
9 | passage of any ordinance other than those excepted from the |
10 | provisions of this subdivision by the foregoing section, is |
11 | presented to the council, said ordinance shall be suspended from |
12 | going into operation, and council shall reconsider such |
13 | ordinance.] With the exception of ordinances dealing with the |
14 | subjects set forth in section 1050(b), an ordinance shall be |
15 | suspended from going into operation and shall be reconsidered by |
16 | council if, within ten days after its final enactment, there is |
17 | presented to council, in accordance with this subdivision, a |
18 | petition protesting against enactment of the ordinance which |
19 | shall be signed by electors of the city equal in number to at |
20 | least twenty per centum of the entire vote cast for all |
21 | candidates for mayor at the last preceding municipal election at |
22 | which a mayor was elected. |
23 | Section 1052. Preparation of Petition by City Clerk; |
24 | Notice.--[Such] A petition under section 1051 shall be prepared |
25 | by the city clerk immediately upon receipt by [him] the clerk of |
26 | the written request of one hundred qualified electors of the |
27 | city asking that the [same] petition be prepared. Upon its |
28 | preparation, [he] the clerk shall give notice by [one insertion |
29 | in one of the daily newspapers, if one be published in the city, |
30 | and, if not, then in a weekly or daily newspaper published in |
|
1 | the county, that such] publication in a newspaper that the |
2 | petition is ready for signing and the purpose of the petition, |
3 | giving the place where and time when it may be signed. The |
4 | [said] signing shall be done only in the city clerk's office, |
5 | where the petition shall be retained during the period of ten |
6 | days after the [passage] enactment of the [said] ordinance. |
7 | Section 1053. Additional Petitions.--In order to facilitate |
8 | the signing of [such] the petition, the city clerk shall cause |
9 | to be made at least two additional similar petitions for signing |
10 | by the qualified electors, and the signing of [such] the |
11 | additional similar petitions shall have the same force and |
12 | effect as the signing of the original petition. The city clerk |
13 | is hereby authorized to employ at least two persons to take |
14 | charge of [said] the additional petitions[; the]. The city clerk |
15 | and [said] the persons hired are hereby empowered to administer |
16 | the oath [hereinafter] required to be taken by the electors. |
17 | This section also shall apply [as well] to petitions initiating |
18 | ordinances under subdivision (b). |
19 | Section 1054. Signatures; Oath; Time of Signing.--Each |
20 | signer of a petition under section 1051 shall add to his or her |
21 | signature his or her place of residence by street and number[,] |
22 | and shall make an oath before the city clerk, or other person |
23 | authorized [as aforesaid] under section 1053, that [he] the |
24 | signer is a qualified elector of the city and resides at the |
25 | address given. The city clerk shall keep his or her office open |
26 | for the purpose of receiving signatures to the petitions [from |
27 | eight o'clock ante meridian to ten o'clock post meridian of each |
28 | day except Sundays and holidays. He] at least from nine o'clock |
29 | ante meridian through seven o'clock post meridian, prevailing |
30 | time, Monday through Friday. The city clerk shall not permit |
|
1 | [any] a person to sign [any of the said petitions] a petition |
2 | after [ten] seven o'clock post meridian, prevailing time, of the |
3 | tenth day following the [passage] enactment of the ordinance on |
4 | which the referendum vote is [prayed for] requested. |
5 | Section 1055. Presentation of Petition to Council.--At the |
6 | expiration of [said] ten days, the [said] petition shall be |
7 | [deemed and taken to be] filed with and presented to the |
8 | council, and [it shall be the duty of] the city clerk [to lay |
9 | the same before] shall present the petition to the council at |
10 | its first meeting [thereafter] after expiration of the ten-day |
11 | period. |
12 | Section 1056. Ascertainment of Number of Signers; Report.-- |
13 | After [its] presentation of the petition to council, the city |
14 | clerk shall ascertain from the record of registered voters of |
15 | the city whether or not [said] the referendum petition is signed |
16 | by voters equal to twenty per centum of all the votes cast for |
17 | mayor at the last preceding municipal election at which a mayor |
18 | was elected. If necessary, the council [shall allow him] may |
19 | allow the clerk extra help for that purpose, and, after [he] the |
20 | clerk has made [said] the examination, [he] the clerk shall |
21 | report the result [thereof] to council. |
22 | Section 46. Sections 1057 and 1058 of the act are repealed: |
23 | [Section 1057. Ordinances Granting Franchises.--No franchise |
24 | or consent to occupy the public streets, highways, or other |
25 | places in any city of the third class shall be given or granted |
26 | to any person or persons, railroad, railway, gas, water, light, |
27 | telephone or telegraph company, or to any public utility |
28 | corporation, except by ordinance, and no ordinance for such |
29 | purpose shall go into effect before thirty days after it has |
30 | been filed with the Public Utility Commission. |
|
1 | Section 1058. Petition against Ordinances; Suspension.--If, |
2 | within said thirty days, a petition prepared, advertised, and |
3 | perfected in all respects complying with the provisions of this |
4 | subdivision (except that the petitioners shall have thirty days |
5 | in which to prepare said petition), is addressed to the council, |
6 | signed by registered electors of the city equal in number to at |
7 | least twenty per centum of all the votes cast for mayor at the |
8 | last preceding municipal election at which a mayor was elected, |
9 | protesting against the passage of said ordinance, the latter |
10 | shall be suspended, and it shall be the duty of the city clerk |
11 | to examine said petition and ascertain, from the registry of |
12 | voters, whether or not said petition is signed by the required |
13 | number of electors. If necessary, the council shall allow the |
14 | city clerk extra help for said purpose. Upon such examination he |
15 | shall report the result to council.] |
16 | Section 47. Sections 1059, 1060, 1061, 1062, 1063 and 1064 |
17 | of the act are amended to read: |
18 | Section 1059. Effect of Petition; Submission to Voters.-- |
19 | If[,] in any case[,] it shall appear that the [petitions] |
20 | petition provided for in this subdivision [have] has not been |
21 | signed by the requisite number of voters, no action shall be |
22 | taken, but the [ordinances] ordinance shall be [deemed and] |
23 | taken to be in full force from the time or times [they each] it |
24 | would have gone into effect had there been no petition against |
25 | the [same. But in case such petitions are] ordinance. If the |
26 | petition is signed by electors equal to twenty per centum of all |
27 | the votes cast for mayor as aforesaid, the council shall |
28 | reconsider [such] the ordinance, and if the [same] ordinance is |
29 | not entirely repealed by council on reconsideration, the council |
30 | shall call a [special election,] referendum to be held at the |
|
1 | time of the next general [or], municipal or primary election |
2 | occurring not less than sixty days [therefrom] after the |
3 | reconsideration. At [such] the election, the [said] ordinance |
4 | shall be submitted without alteration in accordance with the |
5 | Pennsylvania Election Code. |
6 | Section 1060. Certification [of] to County Board of |
7 | Elections; Ballots or Ballot Labels; Expense of Elections.--The |
8 | city clerk, after consultation with the city solicitor, shall |
9 | certify to the county board of elections a copy of the ordinance |
10 | and the proceedings of council directing the referendum vote, |
11 | and the county board of elections shall cause the question to be |
12 | printed for use in the election districts of the city. The |
13 | preparation of ballots or ballot labels for and the holding of |
14 | [special elections] a referendum shall be as provided in the |
15 | Pennsylvania Election Code. Any number of ordinances may be |
16 | referred and voted on at the same election. |
17 | Section 1061. Form of Ballot or Ballot Label.--The ballot |
18 | used when voting upon [such] the ordinance shall contain a |
19 | question stating the nature of the referred ordinance followed |
20 | by the words "yes" and "no" and shall be as provided in the |
21 | Pennsylvania Election Code. |
22 | Section 1062. Computing and Filing Returns.--The officers |
23 | holding [said elections] an election shall keep tally sheets and |
24 | make returns of votes on the referendum question in the same |
25 | manner as tally sheets are kept and returns made in elections of |
26 | officers and the submission of other questions as provided by |
27 | the Pennsylvania Election Code. The returns shall be filed with |
28 | the county board of elections which shall compute the returns |
29 | and certify the results [thereof] to the city council. The |
30 | returns and certifications of [all special elections] a |
|
1 | referendum question shall be made as provided in the |
2 | Pennsylvania Election Code. |
3 | Section 1063. Effect of the Vote.--If it shall appear that |
4 | more persons have voted for [said] the ordinance than against |
5 | it, the ordinance shall take immediate and full effect [without |
6 | more] from the date the results are certified to the city |
7 | council. If the vote is against [said] the ordinance, [it] the |
8 | ordinance shall be [lost] nullified and of no effect. |
9 | Section 1064. Publication of Ordinance Before Election.-- |
10 | Before any referendum [election] is held on any ordinance[, a |
11 | copy] in accordance with this subdivision, the city shall |
12 | provide notice of the ordinance which is to be submitted to the |
13 | vote of the people [shall be published as required] by |
14 | publishing a copy of the ordinance in a newspaper. Publication |
15 | in accordance with this section shall be in addition to |
16 | publication requirements of the Pennsylvania Election Code. |
17 | Section 48. Article XI heading of the act is reenacted to |
18 | read: |
19 | ARTICLE XI |
20 | THE EXECUTIVE DEPARTMENT |
21 | Section 49. Sections 1101, 1102, 1103 and 1104 of the act |
22 | are amended to read: |
23 | Section 1101. Executive Departments.--[The executive and |
24 | administrative powers, authority, and duties in each city shall |
25 | be distributed into and among five departments, as follows: |
26 | 1. Department of Public Affairs. |
27 | 2. Department of Accounts and Finance. |
28 | 3. Department of Public Safety. |
29 | 4. Department of Streets and Public Improvements. |
30 | 5. Department of Parks and Public Property.] The city may |
|
1 | have a department of administration and other departments as |
2 | council shall establish by ordinance. All of the administrative |
3 | functions, powers and duties of the city shall be allocated and |
4 | assigned within the departments established by council by |
5 | ordinance or, in the absence of an ordinance making this |
6 | allocation, among five departments, as follows: |
7 | (1) Department of Public Affairs. |
8 | (2) Department of Accounts and Finance. |
9 | (3) Department of Public Safety. |
10 | (4) Department of Streets and Public Improvements. |
11 | (5) Department of Parks and Public Property. |
12 | Section 1102. Determination of Powers and Duties of |
13 | Departments.--[The council shall determine] Subject to the |
14 | restrictions and limitations of this act and other laws, the |
15 | council may, by ordinance, do all of the following: |
16 | (1) Determine the powers and duties to be performed by[, and |
17 | assign them to, the appropriate] each department[; shall |
18 | prescribe]. |
19 | (2) Prescribe the powers and duties of officers and |
20 | employes[; may assign]. |
21 | (3) Assign particular officers and employes, including |
22 | directors of departments, to one or more of the departments[; |
23 | may require]. |
24 | (4) Require an officer or employe to perform duties in two |
25 | or more departments[; and may make]. |
26 | (5) Make such other rules and regulations as may be deemed |
27 | necessary or proper for the efficient and economical conduct of |
28 | the business of the city. |
29 | Section 1103. Designation of [Departments] Department |
30 | Directors; Changes.--Unless otherwise provided by ordinance in |
|
1 | accordance with sections 1101 and 1102, the following shall |
2 | apply: |
3 | (1) The mayor shall be director of the department of public |
4 | affairs and as such shall have supervision over the city police. |
5 | In the event that council either does not create a department of |
6 | public affairs or appoints a person other than the mayor as the |
7 | director of the department of public affairs, the mayor shall |
8 | retain the same powers of supervision over city police as he or |
9 | she would possess had the mayor been appointed director of the |
10 | department of public affairs. |
11 | (2) The council shall, at [the biennial] its organization |
12 | meeting, designate[, by majority vote, one councilman] by |
13 | resolution one council member to be director of the department |
14 | of accounts and finance, one to be director of the department of |
15 | public safety, one to be director of the department of streets |
16 | and public improvements, and one to be director of the |
17 | department of parks and public property. [Such] The designation |
18 | may be changed at council's discretion. |
19 | Section 1104. Department Directors Responsible for City |
20 | Property and Supplies; Perpetual Inventory Reports.--The |
21 | director of each department shall be responsible for the |
22 | personal property and supplies of the city within [his] the |
23 | director's department[, and]. Each department director shall |
24 | prepare and maintain a perpetual inventory of [such] the |
25 | personal property and supplies[. He shall] for which the |
26 | director is responsible and, from time to time during the fiscal |
27 | year, file the inventory with the city clerk [a copy of such |
28 | inventory from time to time during the fiscal year, and shall |
29 | make available to the director of accounts and finance a copy of |
30 | such inventory to assist him in the preparation of the proposed |
|
1 | budget ordinance. He shall furnish a copy of such inventory to |
2 | the council upon request.] or other official designated by |
3 | council. The city clerk or other designated official with whom |
4 | the inventory is filed shall, upon request, furnish a copy of |
5 | the inventory to the chief fiscal officer and to council. |
6 | Section 50. The act is amended by adding a section to read: |
7 | Section 1105. Quarterly Reports from Directors of |
8 | Departments.--At the close of each quarter of the fiscal year, |
9 | each department director shall prepare and submit to the |
10 | director of the department of accounts and finance, if one |
11 | exists, or to the business administrator or other official |
12 | designated by council, a comprehensive and detailed report of |
13 | all expenditures and operations of the director's department |
14 | during the quarter. The person to whom the quarterly reports are |
15 | submitted shall review and consolidate the quarterly reports and |
16 | shall prepare and submit to council a consolidated report on the |
17 | expenditures and operations of the entire city government, |
18 | together with his or her recommendations, not later than the |
19 | second meeting of council after the close of each quarter. |
20 | Section 51. Article XII heading of the act is reenacted to |
21 | read: |
22 | ARTICLE XII |
23 | THE MAYOR |
24 | Section 52. Section 1201 of the act, amended July 27, 1973 |
25 | (P.L.230, No.60), is amended to read: |
26 | Section 1201. Qualifications.--The mayor shall be at least |
27 | [twenty-one] eighteen years of age[,] and shall be elected at |
28 | large by the qualified electors of the city. He or she shall |
29 | have been a resident of the city wherein he or she shall be |
30 | elected for at least one year[, next before his election,] |
|
1 | before his or her election and shall reside in the city |
2 | throughout his or her term of service. Prior to being sworn in |
3 | to office, and as a condition to qualifying for office, the |
4 | elected mayor shall present a signed affidavit to the city clerk |
5 | that states the person resides in the city from which elected |
6 | and has resided in the city continuously for at least one year |
7 | preceding the person's election. |
8 | Section 53. Section 1202 of the act is amended to read: |
9 | Section 1202. Chief Executive; Inauguration.--The mayor |
10 | shall be the chief executive of the city. [He shall be |
11 | inaugurated and take the oath of office provided for by this act |
12 | at ten o'clock in the forenoon of the first Monday of January |
13 | next succeeding his election, or as soon thereafter as possible] |
14 | The mayor shall be inaugurated and take the oath of office in |
15 | accordance with sections 904 and 905 on the first Monday of |
16 | January following the regular municipal election. If the first |
17 | Monday is a legal holiday, the mayor shall be inaugurated and |
18 | take the oath the first day following or as soon after that day |
19 | as possible. |
20 | Section 54. Section 1203 of the act, amended July 11, 1996 |
21 | (P.L.647, No.109), is amended to read: |
22 | Section 1203. Execution of Laws; Powers of Sheriff |
23 | Conferred; Emergency Powers.--[(a) It shall be the duty of the |
24 | mayor and the chief executive of cities adopting the city |
25 | manager form of government to be vigilant and active in causing |
26 | the ordinances of the city, and the laws of the Commonwealth |
27 | relating to the government of the city, to be executed and |
28 | enforced. |
29 | (b)] (a) In accordance with the powers granted in this act, |
30 | the mayor shall have the authority to cause the ordinances of |
|
1 | the city, and all general laws applicable to the ordinances, to |
2 | be executed and enforced. |
3 | (b) The mayor shall annually report to the council and the |
4 | public on the work of the previous year and on the condition and |
5 | requirements of the city government and shall, from time to |
6 | time, make such recommendations for action by the council as he |
7 | or she may deem in the public interest. |
8 | (c) In order to enable [him] the mayor effectually to |
9 | preserve the public peace within the city, all the powers which |
10 | are devolved by the laws of this Commonwealth upon sheriffs, to |
11 | prevent and suppress mobs, riots, and unlawful and tumultuous |
12 | assemblies, are hereby conferred upon [him] the mayor. |
13 | (d) When the mayor [or chief executive] considers that a |
14 | state of emergency exists, [he] the mayor may issue [his] a |
15 | proclamation, which shall be in writing and copies of which |
16 | shall be made available to all news media[,] and to each member |
17 | of city council, declaring a state of emergency [for a period |
18 | not to]. |
19 | (e) Upon the issuance of a proclamation declaring a state of |
20 | emergency under subsection (d), the following shall apply: |
21 | (1) The state of emergency shall not exceed five days, |
22 | unless extended by action of council. |
23 | (2) In the case of a declaration of a state of emergency by |
24 | the mayor [or chief executive] for either a citywide or site- |
25 | specific emergency, city agencies may temporarily implement |
26 | their emergency assignments without regard to procedures |
27 | required by other laws pertaining to the incurring of |
28 | obligations and the employment of temporary workers. [In his] |
29 | (3) The proclamation [he] may prohibit, for all or any part |
30 | of the city in which there is a clear and present danger to life |
|
1 | or property through civil disorder[;]: |
2 | [(1) Any] (i) a person being on the public streets[,] or in |
3 | the public parks or at any other public place during the hours |
4 | declared by [him] the mayor to be a period of curfew; |
5 | [(2) The] (ii) the assembling or gathering of a group of |
6 | people, in such numbers to be designated by [him] the mayor, |
7 | upon the public streets, parks or other public places; |
8 | [(3) The] (iii) the entry or departure of persons into or |
9 | from any restricted area; |
10 | [(4) The] (iv) the sale, purchase, or dispensing of any |
11 | commodities or goods[, as] designated by [him] the mayor; |
12 | [(5) The] (v) the transportation, possession or use of |
13 | gasoline, kerosene, or other combustible, flammable or explosive |
14 | liquids or materials, except in connection with the normal |
15 | operation of motor vehicles, normal home use[,] or legitimate |
16 | commercial use; or |
17 | [(6) Any] (vi) any other [such] activities as [he] the |
18 | mayor reasonably believes [should be prohibited to help |
19 | preserve] would cause a clear and present danger to the |
20 | preservation of life, health, property or the public peace. |
21 | [(c)] (f) The proclamation of an emergency shall describe |
22 | any restricted area with particularity and shall specify the |
23 | hours during which such restrictions are to be in effect. |
24 | [(d)] (g) Any person violating [such] a proclamation of |
25 | emergency shall be guilty of a summary offense and shall, upon |
26 | conviction, be sentenced [to pay a fine not to exceed three |
27 | hundred dollars ($300) or to undergo imprisonment not to exceed |
28 | thirty days, or both] as provided by law. |
29 | Section 55. Sections 1204 and 1205 of the act are amended to |
30 | read: |
|
1 | Section 1204. Official Seal of Mayor.--Council shall provide |
2 | an official seal for the mayor [and prescribe the form thereof] |
3 | in such form as the mayor may reasonably request, which shall |
4 | not be changed during the mayor's term of office. |
5 | Section 1205. Supervision of Conduct of City Officers.--The |
6 | mayor shall supervise the conduct of all city officers, examine |
7 | the grounds of all reasonable complaints against any of them, |
8 | and cause all of their violations or neglect of duty to be |
9 | promptly punished or reported [to the council] for correction in |
10 | the manner council may direct. For the purposes [aforesaid, he] |
11 | of this section, the mayor is hereby empowered to issue |
12 | subpoenas and compulsory processes, under his or her official |
13 | seal, for the attendance of such persons and the production of |
14 | such books and papers as [he] the mayor may deem necessary[, and |
15 | shall have like enforcement of such subpoenas as is]. A subpoena |
16 | shall be enforced in the manner provided for council in section |
17 | [one thousand fifteen of this act] 1015. |
18 | Section 56. Section 1206 of the act, amended September 29, |
19 | 1955 (P.L.653, No.177), is amended to read: |
20 | Section 1206. [Quarterly Reports from Directors of |
21 | Department;] Report of Mayor to Council; Information from |
22 | Directors of Departments.--[The director of each department of |
23 | the city shall prepare and submit to the Director of the |
24 | Department of Accounts and Finance, at the close of each quarter |
25 | of the fiscal year, a comprehensive and detailed report of all |
26 | expenditures and operation of his department during the quarter. |
27 | The Director of the Department of Accounts and Finance shall |
28 | review and consolidate such quarterly reports and shall prepare |
29 | and submit to council a consolidated report on the expenditures |
30 | and operations of the entire city government, together with his |
|
1 | recommendations, not later than the second meeting of council |
2 | after the close of each quarter.] The mayor shall have the |
3 | authority, at all times, to call upon any official of the city |
4 | or heads of departments for any information as to the affairs |
5 | under their control and management as [he] the mayor may |
6 | require. [He] The mayor may likewise report upon any and all |
7 | matters of city government as frequently to council as [he] the |
8 | mayor deems conducive to the interest and welfare of the city. |
9 | Section 57. Section 1207 of the act, amended August 21, 1953 |
10 | (P.L.1292, No.364) and repealed in part April 28, 1978 (P.L.202, |
11 | No.53), is amended to read: |
12 | Section 1207. [Criminal and Civil Jurisdiction; Docket; |
13 | Fees.--He] Power to Take Acknowledgments and Oaths and to |
14 | Formalize Marriages.--The mayor shall be empowered to take |
15 | acknowledgments of any instruments in writing[,] pertaining to |
16 | the business of the city, solemnize marriages[,] and to |
17 | administer oaths and affirmations[,] as to city business[,] and |
18 | shall attest all his [acts with his official seal] or her acts |
19 | with the mayor's official seal, if any. |
20 | Section 58. Section 1208 of the act, amended May 11, 1959 |
21 | (P.L.307, No.54), is amended to read: |
22 | Section 1208. Salary.--(a) (1) The mayor of each city |
23 | shall receive for his or her services during the term of service |
24 | an annual salary to be fixed by ordinance, payable in [such] |
25 | equal [instalments] installments as council shall provide. |
26 | (2) The council shall, by ordinance, fix the amount of |
27 | salary to be paid to the mayor for his or her services[,] and |
28 | may provide for the assessment and retention [therefrom] from |
29 | the salary of reasonable fines for absence from regular or |
30 | special meetings of council or [councilmanic] committees of |
|
1 | council. |
2 | (3) The amount of the mayor's salary [in cities] shall not |
3 | be less than two thousand five hundred dollars. |
4 | (b) Until changed by ordinance, the salary of mayors in |
5 | newly created cities [shall] may be as follows: [In cities |
6 | having a population of fifteen thousand or under, by the last |
7 | United States census, one thousand two hundred dollars per |
8 | annum; in cities having a population of over fifteen thousand, |
9 | and less than thirty thousand inhabitants, two thousand four |
10 | hundred dollars per annum; in cities having a population |
11 | exceeding thirty thousand, four thousand eight hundred dollars |
12 | per annum. |
13 | The amount of compensation for the mayor in any of the said |
14 | cities shall not be increased or diminished after his election. |
15 | Succeeding councils may change the amount of the mayor's |
16 | compensation, but such change shall not affect the compensation |
17 | of the mayor then in office or of any person taking office as |
18 | mayor within six months of final passage of the ordinance |
19 | providing for such change.] |
20 | (1) in cities with a population of less than five thousand, |
21 | a maximum of two thousand five hundred dollars a year; |
22 | (2) in cities with a population of five thousand or more but |
23 | less than ten thousand, a maximum of five thousand dollars a |
24 | year; |
25 | (3) in cities with a population of ten thousand or more but |
26 | less than fifteen thousand, a maximum of seven thousand five |
27 | hundred dollars a year; and |
28 | (4) in any city with a population in excess of fifteen |
29 | thousand, the salary of the mayor shall not exceed five hundred |
30 | dollars a year per thousand population or fraction of a |
|
1 | thousand, the population to be determined by the latest official |
2 | census figures. |
3 | (c) The compensation to be received by a mayor in cities |
4 | other than newly created cities shall be fixed by ordinance of |
5 | council enacted at least two days prior to the last day fixed by |
6 | law for candidates to withdraw their names from nominating |
7 | petitions previous to the day of the municipal election. The |
8 | compensation to be received by the mayor shall not be increased |
9 | or diminished after his or her election unless the increase or |
10 | decrease was included in an ordinance enacted at least two days |
11 | prior to the last day fixed by law for candidates to withdraw |
12 | their names from nominating petitions previous to the day of the |
13 | municipal election. |
14 | (d) (1) Subject to clause (2) and notwithstanding any other |
15 | provisions of law, a mayor may receive an honorarium, fee or |
16 | reimbursement of expenses related to the performance of a |
17 | marriage ceremony in this Commonwealth, if the mayor first |
18 | notifies council in writing of his or her intention to perform |
19 | marriage ceremonies. A notification pursuant to this clause |
20 | shall remain in effect for the term of the mayor or until such |
21 | time as the notification is rescinded by the mayor. |
22 | (2) The honorarium or fee shall not exceed one hundred fifty |
23 | dollars for each ceremony performed. The mayor shall keep |
24 | accurate accounts of the fees received relating to the |
25 | performance of marriage ceremonies and provide council each |
26 | quarter with a report of moneys received for that period. The |
27 | quarterly report shall include the amount of money received, the |
28 | names of persons from whom money was received along with the |
29 | date and the location of the performed ceremony and shall be |
30 | considered a public record. |
|
1 | (3) The receipt of a fee under this subsection shall not be |
2 | considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics |
3 | standards and financial disclosure) and shall not be considered |
4 | compensation under this act. |
5 | Section 59. Section 1209 of the act is amended to read: |
6 | Section 1209. Acting Mayor; Powers and Duties.--[The member |
7 | of city council who shall be designated as the director of the |
8 | department of accounts and finance shall be vice president of |
9 | the city council, and acting mayor of the city during the |
10 | absence or inability of the mayor to act; and, during such |
11 | absence or inability, he] During the absence of the mayor or the |
12 | inability of the mayor to act, the vice president of city |
13 | council shall be the acting mayor who shall exercise all the |
14 | rights and powers of the mayor. In the event of a vacancy in the |
15 | office of the mayor by reason of death, resignation, or |
16 | otherwise, the vice president of council shall, in like manner, |
17 | act as the mayor and shall, while acting as mayor, receive the |
18 | compensation of mayor but not [of director of accounts and |
19 | finance or councilman during such incumbency] his or her |
20 | compensation as a council member, until the successor of the |
21 | mayor is duly [elected] appointed and qualified [as hereinbefore |
22 | provided] in accordance with section 901. In case of the absence |
23 | or inability of the [director of accounts and finance to act] |
24 | vice president of council to act as mayor, the council shall |
25 | designate another one of its members to act as mayor. |
26 | Section 60. Article XIII heading of the act is amended to |
27 | read: |
28 | ARTICLE XIII |
29 | CITY [CLERK] ADMINISTRATOR OR MANAGER |
30 | Section 61. Sections 1301, 1302 and 1303 of the act are |
|
1 | amended to read: |
2 | Section 1301. [Appointment; Compensation; Removal.--The |
3 | council of each city shall appoint a city clerk on the first |
4 | Monday of May, one thousand nine hundred and fifty-two, and on |
5 | the first Monday of May every fourth year thereafter, and fix |
6 | his compensation by ordinance. He shall serve for a term of four |
7 | years and until his successor is duly appointed and qualified.] |
8 | Office of City Administrator or Manager.--City council may, at |
9 | its discretion at any time, by ordinance enacted by a majority |
10 | vote of all members elected to council, establish the office of |
11 | city administrator or manager and may in like manner abolish the |
12 | same. The appointed office of city administrator when referenced |
13 | in this act may also be referred to as the office of city |
14 | manager and a reference to a city administrator shall be deemed |
15 | a reference to a city manager. |
16 | Section 1302. [Power to Administer Oaths; Duties.--The city |
17 | clerk shall have the power of a notary public to administer |
18 | oaths in any matter pertaining to the business of said city, or |
19 | in any legal proceeding in which it is interested. He shall also |
20 | perform such other duties as shall be prescribed for his office |
21 | by law, ordinance or resolution of council.] Appointment; |
22 | Selection; Removal.-–In a city in which the office of city |
23 | administrator has been established, council shall appoint a |
24 | person to fill that office initially, and thereafter, whenever a |
25 | vacancy exists in the office. The appointment of a person to |
26 | fill the office of city administrator shall be by an affirmative |
27 | vote of a majority of all the members of council. Council shall |
28 | select a city administrator on the basis of executive and |
29 | administrative qualifications, education and experience and may |
30 | give special consideration to applicants with training and |
|
1 | experience in municipal government operation. The city |
2 | administrator shall serve at the pleasure of council, subject to |
3 | contractual rights that may arise under an employment agreement |
4 | that may be entered in accordance with section 1303. |
5 | Section 1303. [Records Open to Inspection.--The records and |
6 | documents of city council of every city shall be kept in the |
7 | office of the city clerk and shall be open to the inspection of |
8 | any taxpayer thereof, his, her, or its agent, upon demand |
9 | therefor during office hours.] Employment Agreement.--Council |
10 | may enter into an employment agreement with the city |
11 | administrator. The employment agreement may set forth the terms |
12 | and conditions of employment and the agreement may provide that |
13 | it shall remain in effect for a specified period terminating no |
14 | later than two years after the effective date of the agreement |
15 | or the date of the organization meeting of council following the |
16 | next municipal election, whichever shall first occur. An |
17 | employment agreement entered into pursuant to this section may |
18 | specify conditions under which a city administrator would be |
19 | entitled to severance compensation. In no event, however, shall |
20 | an employment agreement guarantee employment through the term of |
21 | the agreement or confer upon the city administrator any legal |
22 | remedy based on specific performance. |
23 | Section 62. The act is amended by adding sections to read: |
24 | Section 1304. Residency; Elective City Office.--At the time |
25 | a person is appointed to fill the office of city administrator, |
26 | he or she need not be a resident of the city. After his or her |
27 | appointment, the city administrator may reside outside the city |
28 | only with the approval of council. The city administrator shall |
29 | not hold any elective city office. |
30 | Section 1305. Powers and Duties.--(a) Council may, by |
|
1 | ordinance, vest in the city administrator powers and duties |
2 | relating to the general management of city business and to the |
3 | enforcement of city ordinances and regulations. The powers and |
4 | duties conferred upon a city administrator in accordance with |
5 | this section shall not be construed as diminishing powers |
6 | granted to other city officers by statute or ordinance. |
7 | (b) The powers and duties that may be conferred upon a city |
8 | administrator by council may include, but shall not be limited |
9 | to, any or all of the following: |
10 | (1) To be the chief administrative officer of the city |
11 | responsible to the city council as a whole for the proper and |
12 | efficient administration of the affairs of the city. |
13 | (2) To direct and supervise the administration of all |
14 | departments and functions of the city, except as otherwise |
15 | provided by ordinance or law. |
16 | (3) Except as otherwise provided by this act, to appoint |
17 | city employes on the basis of merit system principles and |
18 | suspend, remove or otherwise discipline employes, subject to the |
19 | following: |
20 | (i) The city administrator may make recommendations to |
21 | council concerning appointments or removals at the department |
22 | head level. |
23 | (ii) Prior to any action being taken with regard to |
24 | appointments or removals at the department head level, the city |
25 | administrator shall confer with council. |
26 | (iii) Council must confirm appointments or removals at the |
27 | department head level. |
28 | (4) To designate a qualified administrative officer of the |
29 | city to perform the city administrator's duties during his or |
30 | her temporary absence or disability. In the event the city |
|
1 | administrator fails or is unable to make such designation, or if |
2 | the absence or disability continues more than thirty days, the |
3 | council may, by resolution, appoint an officer of the city to |
4 | perform the duties of the city administrator during his or her |
5 | absence or disability until the city administrator is able to |
6 | return to work. |
7 | (5) To negotiate contracts for the city, subject to the |
8 | approval of city council, and make recommendations concerning |
9 | the nature and location of municipal improvements and execute |
10 | municipal improvements as determined by the city council. |
11 | (6) To see that all terms and conditions imposed in favor of |
12 | the city or its inhabitants in any statute, franchise or |
13 | contract are faithfully kept and performed. Upon knowledge of |
14 | any violation, call the same to the attention of the city |
15 | council. |
16 | (7) To attend all meetings of the city council with the |
17 | right to take part in the discussions, but without the right to |
18 | vote. |
19 | (8) To recommend to the city council for adoption such |
20 | measures as the administrator may deem necessary or expedient, |
21 | keep the council advised of the financial condition of the city |
22 | and make reports to the council as requested by it. |
23 | (9) To investigate at any time the affairs of any officer or |
24 | department of the city that is under the administrator's |
25 | jurisdiction. |
26 | (10) To prepare and submit the annual city budget for review |
27 | and approval by the city council. The recommended budget shall |
28 | be submitted to city council for its review no later than the |
29 | last stated meeting in November. The budget so submitted shall |
30 | be accompanied by an enabling ordinance, together with such |
|
1 | explanatory comment or statement as the administrator may deem |
2 | desirable. The budget document shall be in such form as is |
3 | required by law for city budgets and shall contain such |
4 | additional documentation or explanation of the various items of |
5 | expenditure and revenue as may be required by council. |
6 | (11) To perform such other duties as may be designated by |
7 | the city council in the enabling ordinance. |
8 | Section 63. Article XIV heading of the act is reenacted to |
9 | read: |
10 | ARTICLE XIV |
11 | THE CITY TREASURER |
12 | Section 64. Section 1401 of the act, amended July 27, 1973 |
13 | (P.L.229, No.59), is amended to read: |
14 | Section 1401. Qualifications.--The city treasurer shall be |
15 | [a competent] an accountant, at least twenty-one years of age, |
16 | and shall have been a resident of the city for at least one year |
17 | [next prior to his] before his or her election. He or she shall |
18 | reside in the city throughout his or her term of office. Prior |
19 | to being sworn in to office, and as a condition to qualifying |
20 | for office, the elected treasurer shall present a signed |
21 | affidavit to the city clerk that states the person resides in |
22 | the city from which elected and has resided in the city |
23 | continuously for at least one year preceding the person's |
24 | election. |
25 | Section 65. Section 1402 of the act, amended July 2, 1953 |
26 | (P.L.318, No.67), is amended to read: |
27 | Section 1402. Bond; Insurance; Salary.--[The city treasurer |
28 | shall give lawful fidelity bond to the Commonwealth, with a |
29 | surety company authorized by law to act as surety, to be |
30 | approved by the city council, in such sum as it may by ordinance |
|
1 | direct, conditioned for the accounting for and paying over all |
2 | moneys received by him in his capacity as city treasurer and the |
3 | safekeeping and payment over of all public moneys entrusted to |
4 | his care, and that as tax collector of city, county, institution |
5 | district, and school taxes he shall account for and pay over all |
6 | moneys received by him as taxes, penalties and interest. The |
7 | city treasurer shall in addition furnish adequate insurance |
8 | protection against any and all losses of said funds through |
9 | fire, burglary, larceny, theft, robbery or forgery. Such |
10 | insurance shall be approved by the city council in such sum as |
11 | it may by ordinance direct. The city treasurer and his surety |
12 | shall be discharged from further liability on any bond as tax |
13 | collector, as soon as all tax items contained in the duplicates |
14 | delivered to him are either: (1) collected and paid over, or (2) |
15 | certified to the city council for entry as liens in the office |
16 | of the prothonotary, or as claims in the tax claim bureau, as |
17 | the case may be, or (3) returned to the county treasurer or city |
18 | treasurer for sale, or (4) in the case of taxes, not levied upon |
19 | real estate, a record of those which remain uncollected is filed |
20 | with the tax authority. The city treasurer shall be required to |
21 | give, in addition to insurance as aforesaid, but one bond which |
22 | shall include his duties as city treasurer and collector of |
23 | city, county, institution district, and school taxes, and shall |
24 | cover the full term of his office. Should any of the taxing |
25 | districts be of the opinion at any time that the bond and |
26 | insurance as aforesaid provided by the city treasurer is not |
27 | sufficient in amount as to the surety and insurance thereon, the |
28 | said taxing district may petition the court of quarter sessions |
29 | having jurisdiction in the city to have the city treasurer |
30 | furnish additional bond and insurance as aforesaid. Thereupon, |
|
1 | the city treasurer shall furnish such additional bond and |
2 | insurance, if any, as the said court may prescribe. The premium |
3 | of the bond or bonds and insurance shall be paid by the city or |
4 | shared pro rata by the taxing districts interested, as the case |
5 | may be, according to their respective tax interests. The |
6 | treasurer shall not in any event be required to provide bond or |
7 | bonds and insurance in an amount in excess of the taxes to be |
8 | collected by him. The bond or bonds and insurance provided by |
9 | the city treasurer shall or be for the use of the city and the |
10 | taxing districts involved. He shall, as city treasurer, receive |
11 | a fixed annual salary, to be provided by ordinance. His |
12 | compensation as tax collector for the city, county, institution |
13 | district and school district shall be as provided for in the |
14 | Local Tax Collection Law.] (a) The city treasurer shall give |
15 | lawful fidelity bond, covering the full term of his or her |
16 | office, for the faithful performance of his or her official |
17 | duties, including his or her duties as tax collector of city, |
18 | county, institution district and school taxes. In addition to |
19 | being subject to such other conditions as council may direct, |
20 | the bond of the city treasurer shall be conditioned upon the |
21 | following: |
22 | (1) The accounting for and paying over of all moneys |
23 | received in his or her capacity as city treasurer. |
24 | (2) The accounting for and paying over of all moneys |
25 | received as taxes, penalties and interest in his or her capacity |
26 | as tax collector of city, county, institution district and |
27 | school taxes. |
28 | (3) The safekeeping and payment over of all public moneys |
29 | entrusted to his or her care. |
30 | (b) Council may require two bonds from the city treasurer: |
|
1 | (1) A bond for the faithful performance by the city |
2 | treasurer of his or her official duties other than those of tax |
3 | collector. |
4 | (2) A bond covering the duties of the city treasurer as |
5 | collector of city, county, institution district and school |
6 | taxes. |
7 | In lieu of the bond required for the faithful performance by the |
8 | city treasurer of his or her official duties other than those of |
9 | tax collector, council may purchase insurance, provided that the |
10 | insurance covers the same events of loss and insures the county |
11 | against the same misconduct as the bond in compliance with this |
12 | act. |
13 | (c) The city treasurer and his or her surety shall be |
14 | discharged from further liability on any bond as tax collector, |
15 | as soon as each of the tax items contained in the duplicates |
16 | delivered to the city treasurer has been: |
17 | (1) collected and paid over; |
18 | (2) assigned to third party assignees; |
19 | (3) certified to the city council for entry as liens in the |
20 | office of the prothonotary or as claims in the tax claim bureau, |
21 | as the case may be; |
22 | (4) returned to the county treasurer or city treasurer for |
23 | sale; or |
24 | (5) in the case of taxes not levied upon real estate, a |
25 | record of those which remain uncollected is filed with the tax |
26 | authority. |
27 | (d) Council may require the city treasurer to be covered by |
28 | insurance protection in accordance with section 907.1(c). |
29 | (e) Should any of the taxing districts be of the opinion at |
30 | any time that the bond or insurance provided by the city |
|
1 | treasurer is not sufficient in amount, the taxing district may |
2 | petition the court of common pleas having jurisdiction in the |
3 | city to have the city treasurer furnish additional bond and |
4 | insurance. Thereupon, the city treasurer shall furnish |
5 | additional bond and insurance, if any, as the court may |
6 | prescribe. The premium on the bond or on the bonds and insurance |
7 | shall be shared pro rata by the taxing districts interested, as |
8 | the case may be, according to their respective tax interests |
9 | pursuant to the act of May 25, 1945 (P.L.1050, No.394), known as |
10 | the "Local Tax Collection Law." The treasurer shall not in any |
11 | event be required to provide bond or bonds and insurance in an |
12 | amount in excess of the taxes to be collected by him or her. The |
13 | bond or bonds and insurance provided by the city treasurer shall |
14 | be for the use of the city and the taxing districts involved. |
15 | (f) The city treasurer shall receive a fixed annual salary |
16 | to be provided by ordinance. His or her compensation as tax |
17 | collector for the city, county, institution district and school |
18 | district shall be as provided for in the "Local Tax Collection |
19 | Law." |
20 | Section 66. The act is amended by adding sections to read: |
21 | Section 1402.1. City Treasurer to be Tax Collector.--Except |
22 | as otherwise provided by the act of December 31, 1965 (P.L.1257, |
23 | No.511), known as "The Local Tax Enabling Act," the city |
24 | treasurer, by virtue of his or her office, shall be the |
25 | collector of the city, county, school and institution district |
26 | taxes assessed or levied in the city by the proper authorities |
27 | therein. As tax collector, the city treasurer shall maintain and |
28 | keep an office which may be the same as that of the city |
29 | treasurer for the purpose of receiving taxes during regular |
30 | business hours. |
|
1 | Section 1402.2. Date of Delivery of Duplicate; Collection.-- |
2 | The council of each city and the county and county institution |
3 | district authorities, now empowered or which may be hereafter |
4 | empowered to levy taxes upon persons and property within the |
5 | city, shall, within thirty days after the adoption of the budget |
6 | or within thirty days after receipt of the assessment roll from |
7 | the county, whichever is later, make out and deliver their |
8 | respective duplicates of taxes assessed to the city treasurer to |
9 | be collected. The proper school authorities shall make out and |
10 | deliver the school duplicates of their respective taxes in such |
11 | city at the time and in the manner provided by the school laws |
12 | of this Commonwealth. All duplicates of taxes placed in the |
13 | hands of the treasurer shall at all times be open to proper |
14 | inspection of the taxpayers and of the proper auditing and |
15 | examining officers of the city, county or school district, as |
16 | the case may be, and shall be delivered by the treasurer at the |
17 | expiration of his or her term to his or her successor. |
18 | Section 1402.3. Tax Liens; Schedule of Uncollected Taxes; |
19 | Liability for False Return.--Upon the settlement of the |
20 | duplicates of city, county, institution district and school |
21 | taxes which by law are made a lien on real estate, the city |
22 | treasurer as collector of taxes shall make out schedules of the |
23 | city, county, school or institution district taxes uncollected |
24 | upon the duplicates with a brief description of the properties |
25 | against which the same are assessed, for the purpose of having |
26 | the same entered for lien or sold according to law. The failure |
27 | of the city treasurer to collect the taxes from personal |
28 | property, when the same could have been collected, shall not |
29 | impair the lien thereof or affect any sale made for the |
30 | collection thereof. In case the city treasurer shall make any |
|
1 | wilfully false return, he or she shall be liable to any person |
2 | or persons injured thereby. |
3 | Section 67. Sections 1403, 1404, 1405, 1406, 1407 and 1408 |
4 | of the act are amended to read: |
5 | Section 1403. Receipt and Payment of Moneys; Daily |
6 | Transmittal of Receipts; Duplicates.--The city treasurer shall |
7 | demand and receive all moneys payable to the city from [whatever |
8 | source, and shall issue a receipt in every case to the person |
9 | making such payment, and shall pay all warrants duly |
10 | countersigned by the director of accounts and finance and the |
11 | city controller] such sources as the city council may from time |
12 | to time entrust to the city treasurer and shall issue a receipt |
13 | when requested in every case to the person making such payment |
14 | and shall pay all documents authorizing payment duly |
15 | countersigned. All receipts for money received on behalf of the |
16 | city by the treasurer shall be numbered serially and made in |
17 | duplicate at least, and all such duplicates shall daily, not |
18 | later than the next succeeding business day, be transmitted by |
19 | the city treasurer to the city controller. |
20 | Section 1404. Method of Keeping Accounts.--The accounts of |
21 | the city treasurer shall be kept in such manner as to clearly |
22 | exhibit all the items of receipts and expenditures of the city, |
23 | [and] the sources from which the moneys are received and the |
24 | objects for which the same are disbursed. He or she shall keep |
25 | separate and distinct accounts of the receipts and expenditures |
26 | of the city, including, but not limited to, the sinking fund, |
27 | and [the water and lighting] each department[, respectively] |
28 | providing a utility service, and also of every special fund |
29 | [which may come into his hands]. |
30 | Section 1405. Moneys Appropriated Only to be Paid Out.--No |
|
1 | money shall be paid out of the city treasury unless the same |
2 | shall have been previously approved, duly authorized and |
3 | appropriated by council to the purpose for which it is to be |
4 | drawn, which shall be explicitly mentioned in the [warrant |
5 | therefor] document authorizing payment. |
6 | Section 1406. Depositories of City Funds Entrusted to the |
7 | Treasurer by City Council.--The treasurer shall keep the public |
8 | funds in [such] banks or financial depositories as council may |
9 | direct, under [such] restrictions and safeguards as council may |
10 | provide, and shall verify his or her accounts whenever required, |
11 | to the satisfaction of council. |
12 | No treasurer complying with the provisions of this section |
13 | and any ordinance of the city, nor his or her surety or |
14 | sureties, shall be chargeable with losses of city funds caused |
15 | by the insolvency or negligence of any [such] city depositories. |
16 | Section 1407. Delivery of City Property in His or Her |
17 | Possession to Successor.--The city treasurer shall, upon the |
18 | termination of his or her office, deliver to the city or to his |
19 | or her duly qualified successor all moneys, accounts, property |
20 | or effects in his or her possession belonging to the city. |
21 | Section 1408. [Assistants and Employes.--] Appointment of |
22 | Deputy Treasurer and Employes; Powers; Responsibility.--(a) The |
23 | city treasurer [shall] may appoint [all] the following: |
24 | (1) A deputy treasurer who, in the case of the sickness, |
25 | absence or inability of the city treasurer to act, shall have |
26 | the same powers and shall perform the same duties as are imposed |
27 | by law upon the city treasurer and such appointment shall be in |
28 | compliance with the requirements of the act of May 25, 1945 |
29 | (P.L.1050, No.394), known as the "Local Tax Collection Law." |
30 | (2) All the assistants and employes of [his] the city |
|
1 | treasurer's office, whose number and compensation shall be fixed |
2 | by council[,] and who, in all other respects, shall be |
3 | considered as employes of the city. |
4 | (b) All persons appointed pursuant to this section shall be |
5 | covered by a bond, blanket bond or insurance in accordance with |
6 | section 907.1. |
7 | Section 68. Article XV heading of the act is reenacted to |
8 | read: |
9 | ARTICLE XV |
10 | THE CITY ENGINEER |
11 | Section 69. Article XV subdivision (a) heading of the act is |
12 | repealed: |
13 | [(a) General Provisions] |
14 | Section 70. Sections 1501, 1502, 1503, 1504 and 1505 of the |
15 | act are amended to read: |
16 | Section 1501. [Election of the City Engineer; Term; Bond; |
17 | Filling of Vacancies.--The council of each city shall, on the |
18 | first Monday of May, one thousand nine hundred and fifty-two, |
19 | and on the first Monday of May every fourth year thereafter, or |
20 | as soon thereafter as practicable in each of said years, appoint |
21 | a city engineer, who shall be a registered engineer in civil |
22 | engineering. He shall serve for a term of four years from the |
23 | said first Monday of May and until his successor is qualified. |
24 | He shall receive a fixed annual salary to be provided by |
25 | ordinance. He shall give lawful bond to the city, with a surety |
26 | or other company authorized by law to act as surety, to be |
27 | approved by council, in such sum as it shall by ordinance |
28 | direct, conditioned for the faithful performance of his official |
29 | duties. Vacancies in said office shall be filled by council for |
30 | the unexpired term.] Appointment of City Engineer.--Council |
|
1 | shall provide for the manner of appointment and compensation of |
2 | the city engineer, who shall be a registered professional |
3 | engineer in this Commonwealth and shall serve at the pleasure of |
4 | council. Nothing contained herein shall prohibit council from |
5 | designating an engineering firm of registered professional |
6 | engineers from performing the duties and functions of the city |
7 | engineer. |
8 | Section 1502. Control of Engineering Matters.--The city |
9 | engineer shall have the [superintendence, direction and control |
10 | of the engineering matters of the city, and no department of the |
11 | city shall employ or retain any additional engineer, except with |
12 | the previous assent of council. Assistants and employes in the |
13 | office of the city engineer shall be appointed in accordance |
14 | with the civil service provisions of this act. The provisions of |
15 | this article shall not apply to any board of commissioners of |
16 | water-works of any city wherein the title to the water-works |
17 | therein located is in the name of the commissioners of water- |
18 | works.] supervision, direction and control of the engineering |
19 | matters of the city, and no department of the city shall employ |
20 | or retain any additional engineer, except with the previous |
21 | assent of council. |
22 | Section 1503. Duties[; Preparation of Plans.--The city |
23 | engineer shall perform such duties as the council shall |
24 | prescribe with reference to the construction, reconstruction, |
25 | maintenance and repair of all streets, pavements, sewers, |
26 | bridges, culverts and other engineering work. He shall prepare |
27 | plans, specifications, and estimates for all such work |
28 | undertaken by such city, and shall, whenever required, furnish |
29 | council, the committees thereof, the mayor, public boards, or |
30 | heads of departments, with reports, information or estimates on |
|
1 | any city engineering work, or on questions submitted by any of |
2 | them in their official capacity.].--As authorized by council, |
3 | engineering work undertaken by the city shall be performed or |
4 | supervised by the city engineer or by another registered |
5 | professional engineer employed by the city for a particular |
6 | purpose. The duties of the city engineer may include, but need |
7 | not be limited to, the following: |
8 | (1) Preparing plans, specifications and estimates, and |
9 | undertaking other engineering work related to constructing, |
10 | reconstructing, maintaining and repairing streets, pavements, |
11 | sewers, bridges, culverts and other municipal improvements. |
12 | (2) Making reports, giving estimates, supplying information |
13 | and responding to questions concerning city engineering work to |
14 | city officials and employes, provided that council may regulate |
15 | the manner, number and method of making these requests. |
16 | (3) Conducting, supervising or directing surveys relating to |
17 | city property and improvements authorized by law or as directed |
18 | by council. |
19 | (4) Preparing a topographical survey of the city or a |
20 | general plan of city streets, marking the lines of streets, both |
21 | those already opened and those intended to be opened for public |
22 | use, as council may deem necessary. |
23 | (5) Surveying, making a draft or plan of and laying out new |
24 | or proposed streets, as council may deem necessary. |
25 | (6) Reporting a grade for any proposed or new streets, as |
26 | council may deem necessary. |
27 | (7) Making reports, from time to time, as deemed expedient |
28 | by the city engineer or as council shall direct, of the surveys |
29 | and plans of city streets in convenient sections without |
30 | awaiting the completion of the entire survey. |
|
1 | (8) Keeping and maintaining books and records, and providing |
2 | for certified copies of the same, as may be directed or |
3 | authorized by council. |
4 | Section 1504. [Certificate of Commencement and of Completion |
5 | of Municipal Improvements.--The city engineer shall immediately |
6 | after the completion of any municipal improvement, the cost and |
7 | expense of which, in whole or in part, is to be paid by the |
8 | abutting property, make certificate in which he shall state the |
9 | day or time on which the particular improvement was completed, |
10 | and shall file the same with the city clerk, who shall enter the |
11 | said day or time of completion in a book to be kept by him for |
12 | said purposes; and the said day or time mentioned in said |
13 | certificate shall be conclusive on all parties as to the time |
14 | the said work was completed. The time of completion of the work, |
15 | referred to in this section and in other parts of this act, |
16 | shall be taken to mean the time of the completion of the whole |
17 | contract for the improvement. He shall also furnish to the city |
18 | clerk a certificate showing the time on which any such |
19 | particular improvement was commenced, and such certificate shall |
20 | be conclusive evidence of the time when the said improvement was |
21 | begun. An entry of such date shall be made by said clerk in the |
22 | books aforesaid.] Certifying Commencement and Completion of |
23 | Municipal Improvements.--Within a reasonable time after the |
24 | completion of any municipal improvement, the cost and expense of |
25 | which, in whole or in part, is to be paid by the abutting |
26 | property owner or owners, the city engineer, or employes |
27 | designated by the city engineer, shall certify the day or time |
28 | on which the particular improvement was commenced and the day or |
29 | time on which the particular improvement was completed, shall |
30 | file the same with the city clerk and shall provide notice of |
|
1 | the filing to the city solicitor. The day or time of completion |
2 | of the work, referred to in this section and in other parts of |
3 | this act, shall mean the time of the completion of the whole |
4 | contract for the improvement. Information filed with the clerk |
5 | certifying the day or time of the commencement and completion of |
6 | the work shall be conclusive evidence of the day or time when |
7 | the improvement was begun and completed. |
8 | Section 1505. [Surveys.--The city engineer shall have the |
9 | charge and direction of all surveys and regulations authorized |
10 | by any act of Assembly, or ordinance of such city, and shall |
11 | perform such other duties as council shall direct.] Surveys; |
12 | Entering Upon the Lands of Others.--For the purposes of carrying |
13 | out authorized surveys, laying out streets or of other |
14 | engineering work of the city, the city engineer or other persons |
15 | engaged in city engineering work shall have full power and |
16 | authority to enter upon the lands and premises of any person or |
17 | persons within the city. |
18 | Section 71. Article XV subdivision (b) heading, sections |
19 | 1515, 1516, 1517, 1518, 1519, 1520 and 1521, subdivision (c) |
20 | heading and sections 1530, 1531, 1532, 1533, 1534, 1535, 1536, |
21 | 1537 and 1538 are repealed: |
22 | [(b) Real Estate Registry |
23 | Section 1515. Council to Provide for Registry of Real |
24 | Estate.--For the purpose of procuring accurate information in |
25 | reference to the ownership of all real estate, the council of |
26 | each city shall provide, by ordinance, for a registry thereof in |
27 | accordance with this subdivision. |
28 | Section 1516. Preparation of Books, Plans and Maps.--The |
29 | city engineer of any city in which such registry shall be |
30 | established shall cause to be made all such necessary books, |
|
1 | maps and plans as will show the situation and dimensions of each |
2 | property therein, which books, maps or plans shall be so |
3 | prepared as to show the city number, and name of the owner or |
4 | owners thereof, with blank spaces for the owner of each lot, |
5 | with provision for the names of future owners, and dates of |
6 | future transfer of title. For such purpose, the city engineer |
7 | shall have free access, without charge, to any of the public |
8 | records wherein the necessary information may be obtainable |
9 | therefor. He may also cause search to be made in any other place |
10 | for any muniments or evidence of title, not reported to him as |
11 | hereinafter provided, and requisite for the completion of said |
12 | books, maps or plans. |
13 | Section 1517. Preservation of Records.--The said books, maps |
14 | and plans shall be carefully preserved in the office of the |
15 | engineer, and shall be so kept, by additions from time to time, |
16 | or otherwise, as to show the ownership of every lot or piece of |
17 | real estate, or subdivision thereof, within the city limits, |
18 | with the successive transmissions of title, from the date of the |
19 | commencement of such plans; but nothing herein or in this |
20 | article shall invalidate any municipal or tax claim by reason of |
21 | the fact that the same is not assessed or levied against the |
22 | registered owner. |
23 | Section 1518. Certified Copies of Entries Admissible as |
24 | Evidence.--Certified copies, signed by the city engineer, of any |
25 | of the entries in said books, or upon said maps or plans, shall |
26 | be received in evidence in the same manner as the books, maps |
27 | and plans themselves might be admissible for such purposes; and |
28 | may be also furnished to any person desiring the same, for such |
29 | fee or compensation for the use of the city as may be fixed by |
30 | ordinance. |
|
1 | Section 1519. Duties Imposed on Owners of Real Estate when |
2 | Registry Established; Penalty.--All owners of unregistered real |
3 | estate within the city limits, within thirty days from the date |
4 | of the approval of the ordinance establishing such registry, and |
5 | every subsequent purchaser, devisee, or person acquiring title |
6 | by partition or otherwise, to any real estate therein, within |
7 | thirty days after acquiring such title, shall furnish to the |
8 | said engineer, at his office, descriptions of their respective |
9 | properties, upon blanks to be furnished by the city, and, at the |
10 | same time, present their conveyance to be stamped by said |
11 | engineer, without charge, as evidence of the registration |
12 | thereof. Any person or persons neglecting or refusing to comply |
13 | with the provisions of this section, for a period of thirty days |
14 | after public notice of the requirements thereof, shall be liable |
15 | to a penalty of five dollars, to be recovered, with costs of |
16 | suit, in the name and for the use of the city, as penalties for |
17 | the violation of city ordinances are recoverable: Provided, |
18 | however, That such registration may within said thirty day |
19 | period be also effected by the recorder of deeds of the county, |
20 | in accordance with existing law. |
21 | Section 1520. Registry of Properties Sold at Judicial |
22 | Sales.--The sheriffs of the respective counties in which such |
23 | cities are situated shall present for registry the deeds of all |
24 | properties within the city limits sold by them at judicial |
25 | sales, whether by execution, in partition, or otherwise. |
26 | Section 1521. Filing of Municipal Claims.--Each city's |
27 | registry may be used as the lawful and proper source of property |
28 | owners' or reputed owners' names for the purpose of filing |
29 | municipal claims as liens or of reviving municipal liens. |
30 | (c) Topographical Survey |
|
1 | Section 1530. Council May Authorize Topographical Survey.-- |
2 | Any city may, by ordinance, cause a topographical survey |
3 | thereof, to be made by its city engineer, or by such other civil |
4 | engineer and assistants as they may employ for that purpose. |
5 | Section 1531. Plan of Streets and Highways; Surveys; |
6 | Grades.--The city engineer, upon being duly authorized, shall |
7 | procure and keep in his office such necessary plot or other |
8 | books as shall be necessary for the purpose of entering or |
9 | recording thereon all the streets and highways of the city, |
10 | already opened or to be hereafter opened. He shall survey and |
11 | mark the lines of all the streets and highways of the city, |
12 | already opened or intended to be opened for public use, and |
13 | survey and lay out new streets and highways, as council may deem |
14 | necessary, for a regular and convenient city plan, and, if |
15 | specially directed, he shall report a grade for any proposed new |
16 | streets. For the said purposes, the city engineer and his |
17 | assistants or any other person engaged in such engineering work |
18 | for the city shall have full power and authority to enter upon |
19 | the lands and premises of any person or persons within the said |
20 | city. |
21 | Section 1532. Return of Draft of Completed Survey to |
22 | Council; Inspection.--When the survey shall be completed, the |
23 | said engineer shall make or cause to be made a draft or plan |
24 | thereof, with every provision and explanation necessary for a |
25 | full understanding of the same, distinctly designated where new |
26 | streets and highways are thereafter to be opened, and shall |
27 | return the same to the council. It shall remain in the office of |
28 | the city clerk, and open to inspection by those interested, |
29 | until finally approved as hereinafter provided. |
30 | Section 1533. Notice of Return; Objections; Alterations; |
|
1 | Approval; Recording.--Council shall give at least thirty days' |
2 | previous notice by publication once in at least two newspapers |
3 | of general circulation, if there be that many, as required by |
4 | section one hundred and nine of this act, and by posting at |
5 | least ten handbills upon lands or territory contained in the map |
6 | or plan returned for approval, that on a certain day or days, to |
7 | be fixed by the said council, the said council will hear any |
8 | objection that may be made to said draft or plans by any |
9 | freeholder or citizen of said city, or interested person. The |
10 | council at the time appointed, or at any subsequent time within |
11 | three months, shall determine whether any and what alterations |
12 | shall be made in the said plan or draft. When the same is |
13 | finally approved, whether as returned or as altered and changed, |
14 | said council may direct that the same be entered and recorded in |
15 | the plot-book of street plans, in the office of the city |
16 | engineer. |
17 | Section 1534. Notation of Grades on Plans.--In case the city |
18 | engineer is directed to report grades for said streets or |
19 | highways, the same shall be noted on said draft or plan, and be |
20 | returned with his surveys; and said grades shall be subject to |
21 | alterations and changes by council, in the manner aforesaid; and |
22 | when approved by the said council shall become part of the |
23 | plans, and be entered and recorded as aforesaid. |
24 | Section 1535. Effect of Recording.--Upon the recording of |
25 | such plan or draft in the street plan book, and the passage of |
26 | an ordinance approving said street drafts or plans and grades, |
27 | or of either, as the case may be, therein designating the book |
28 | and page, or pages, at or in which the said plan or plans are |
29 | recorded, thereafter all the streets and highways, as designated |
30 | upon said approved plan and recorded as aforesaid, shall be |
|
1 | adjudged and taken to be laid out and located streets and |
2 | highways. |
3 | Section 1536. Deviation from Established Plans; Liability of |
4 | City.--In case the council shall thereafter change or alter, or |
5 | should they by themselves or their officers deviate from the |
6 | regulations of the streets or highways, so as aforesaid |
7 | established, and damages thereby accrue to the property of any |
8 | person or persons in consequence thereof, the said city shall be |
9 | liable for the payment of such damages. |
10 | Section 1537. Sectional Surveys.--Sectional surveys or |
11 | drafts may be returned to the council by said engineer at any |
12 | time, and be confirmed as aforesaid, and with like force and |
13 | effect. |
14 | Section 1538. Reports of Partial Surveys; Confirmation.--The |
15 | said engineer may, from time to time as he shall deem expedient |
16 | and the said council shall direct, make report of the surveys, |
17 | plans and regulations by him made, in convenient sections, |
18 | without awaiting the completion of the entire survey, and shall |
19 | make duplicate drafts and plans of said section in the manner |
20 | hereinbefore prescribed. The same proceedings shall be had for |
21 | the final confirmation of such partial or sectional drafts and |
22 | plans as is herein directed in relation to the confirmation of |
23 | the entire survey, and with like effect and force.] |
24 | Section 72. Article XVI heading of the act is reenacted to |
25 | read: |
26 | ARTICLE XVI |
27 | THE CITY SOLICITOR |
28 | Section 73. Sections 1601, 1602, 1603 and 1604 of the act |
29 | are amended to read: |
30 | Section 1601. Appointment of City Solicitor[; Term; |
|
1 | Compensation; Bond; Filling of Vacancies.--The council of each |
2 | city shall, on the first Monday of May, one thousand nine |
3 | hundred and fifty-two, and on the first Monday of May every |
4 | fourth year thereafter, or as soon thereafter as practicable in |
5 | each of said years, appoint a city solicitor, who shall be |
6 | learned in the law and admitted to practice in the Supreme Court |
7 | of the Commonwealth, and shall maintain an office in the city. |
8 | He shall serve for a term of four years from the said first |
9 | Monday of May and until his successor is qualified. He shall |
10 | receive a fixed annual salary to be provided by ordinance. He |
11 | shall give lawful bond to the city, with a surety or other |
12 | company authorized by law to act as surety, to be approved by |
13 | council, in such sum as they shall by ordinance direct, |
14 | conditioned for the faithful performance of his official duties. |
15 | Vacancies in said office shall be filled by council for the |
16 | unexpired term.].--Council shall provide for the manner of |
17 | appointment and compensation of the city solicitor, which may be |
18 | a law firm. |
19 | Section 1602. Direction of [Law] Legal Matters.--The city |
20 | solicitor shall have the [superintendence,] direction[,] and |
21 | control of the [law] legal matters of the city. No department of |
22 | the city shall employ or retain any additional counsel in any |
23 | matter or cause, except with the [previous] prior assent of |
24 | council. |
25 | Section 1603. Duties.--The city solicitor shall [prepare] |
26 | oversee the preparation of all bonds, obligations, contracts, |
27 | leases, conveyances, and assurances to which the city or any |
28 | department thereof may be party, as may be directed by |
29 | resolution or ordinance, and shall [commence and prosecute] |
30 | oversee the commencement and prosecution of all and every suit |
|
1 | or suits, action or actions, brought by the city, and the filing |
2 | of municipal claims and liens, for or on account of any of the |
3 | estates, rights, trusts, privileges, claims, or demands[,] of |
4 | the same, as well as [defend] oversee the defense of all actions |
5 | or suits against the [said] city or any officer thereof, wherein |
6 | or whereby any of the estates, rights, privileges, trusts, |
7 | ordinances, or acts of the city or any department thereof, may |
8 | be brought in question before any court. He or she shall have |
9 | like duties before any administrative agency or other judicial |
10 | or quasi-judicial body. He or she shall do all and every |
11 | professional act incident to the office which he or she may be |
12 | lawfully authorized and required to do by the mayor, or by any |
13 | ordinance or resolution of the council, and shall perform such |
14 | other duties as council may direct. |
15 | Section 1604. Written Opinions to be Furnished.--[The city |
16 | solicitor shall, whenever required, furnish the council, the |
17 | mayor, or any elected city official, with his opinion, in |
18 | writing, upon any question of law which may be submitted by any |
19 | of them in their official capacities.] (a) Subject to |
20 | regulation by council in accordance with subsection (b), the |
21 | city solicitor shall furnish a written opinion on questions of |
22 | law submitted, in their official capacities, by any of the |
23 | following: |
24 | (1) The council. |
25 | (2) The mayor. |
26 | (3) Any other elected city official. |
27 | (4) Any appointed city official designated by council as |
28 | authorized to request a written legal opinion. |
29 | (b) The city council may provide for the regulation of the |
30 | manner in which questions are presented to the city solicitor by |
|
1 | any elected or appointed city official and may limit the |
2 | questions submitted in such manner as the city council may |
3 | direct. |
4 | Section 74. Sections 1605 and 1606 of the act are repealed: |
5 | [Section 1605. City Lien Docket.--The city solicitor shall |
6 | keep in his office a city lien docket, which shall be open to |
7 | public inspection, and in which he shall cause to be entered all |
8 | claims for curbing, paving, or repaving sidewalks, assessments |
9 | of damages, contributions for opening streets, or parts thereof, |
10 | for grading, paving, and macadamizing the same, for water and |
11 | lighting frontage tax and water and lighting rates, sewerage, |
12 | city taxes, and other matters that may be the subject of claim |
13 | on the part of the city, which have or shall be returned to the |
14 | solicitor as remaining due and unpaid after the period |
15 | prescribed by law or ordinance for the payment of such claims. |
16 | Nothing contained herein shall be deemed to alter or replace the |
17 | administration and effect of the Real Estate Tax Sale Law in any |
18 | city wherein said law is in operation. |
19 | Section 1606. Department Heads to Furnish Statements of |
20 | Claim.--It shall be the duty of the head of each department, |
21 | wherein any such claim shall originate, to furnish to the city |
22 | solicitor, within the period prescribed by law or ordinance, a |
23 | statement of all claims for curbing, paving, et cetera, which |
24 | remain due or unpaid, a certified copy of which the said heads |
25 | of departments shall at the same time furnish to the director of |
26 | accounts and finance.] |
27 | Section 75. Section 1607 of the act is amended to read: |
28 | Section 1607. Satisfaction of Liens Due City.--Upon the |
29 | payment of any lien or other debt of record due the city, to any |
30 | city employe or city official or other person authorized to |
|
1 | receive the [same] payment, that person shall [forthwith forward |
2 | to the city solicitor a satisfaction piece therein], as soon as |
3 | practicable, notify the city solicitor; and it shall be the duty |
4 | of the city solicitor or his [assistant forthwith] or her |
5 | designee, as soon as practicable, to cause satisfaction to be |
6 | entered upon the proper record [thereof] of the lien or debt of |
7 | record. |
8 | Section 76. Section 1608 of the act is repealed: |
9 | [Section 1608. Return and Payment of Money and Fees |
10 | Received.--The city solicitor shall, at least once in every |
11 | month, make a return to the director of accounts and finance, |
12 | under oath or affirmation, of each item of moneys received by or |
13 | through him, or his assistants, by virtue of his office, or on |
14 | account of any matter connected therewith. Immediately upon |
15 | making such return, he shall pay over the amount in his hands to |
16 | the city treasurer. He shall, in like manner, pay into the city |
17 | treasury all fees received by him in his official capacity, but |
18 | this provision shall not be taken to include the judgment fee or |
19 | commission allowed him in his capacity of attorney.] |
20 | Section 77. Sections 1609 and 1610 of the act are amended to |
21 | read: |
22 | Section 1609. Assistant Solicitor.--[The council of each |
23 | city may] Council may, at its discretion, appoint one or more |
24 | assistant city solicitors[, whose term of office shall be |
25 | concurrent with that of the city solicitor, and whose] to assist |
26 | the solicitor in the performance of all duties and shall provide |
27 | for the compensation [shall be fixed by resolution, and who |
28 | shall assist the solicitor in the performance of all duties |
29 | prescribed for him] of assistant solicitors by resolution. |
30 | Section 1610. Special Counsel.--Council may, at its |
|
1 | discretion, retain special counsel for particular proceedings or |
2 | matters of the city and [fix his] shall provide for the |
3 | compensation of special counsel by resolution. |
4 | Section 78. Article XVII heading of the act is amended to |
5 | read: |
6 | ARTICLE XVII |
7 | THE CITY CONTROLLER AND INDEPENDENT AUDITOR |
8 | Section 79. Article XVII of the act is amended by adding a |
9 | subdivision heading to read: |
10 | (a) City Controller |
11 | Section 80. Section 1701 of the act, amended July 27, 1973 |
12 | (P.L.234, No.62), is amended to read: |
13 | Section 1701. Qualifications; Bond; Compensation.--(a) The |
14 | city controller or any deputy or temporary deputy controller |
15 | shall be [a competent] an accountant, at least twenty-one years |
16 | of age, shall have been a resident of the city for at least one |
17 | year [next before his election] before his or her election, and |
18 | shall reside in the city throughout his or her term of office. |
19 | Prior to being sworn in to office, and as a condition to |
20 | qualifying for office, the elected city controller shall present |
21 | a signed affidavit to the city clerk that states the person |
22 | resides in the city from which elected and has resided in the |
23 | city continuously for at least one year immediately before the |
24 | person's election. |
25 | (b) The city controller shall give bond in accordance with |
26 | section 907.1 for the faithful performance of his or her |
27 | official duties as the city controller. The bond shall cover the |
28 | full term of his or her office and shall be conditioned upon the |
29 | following: |
30 | (1) The accounting for and paying over of all moneys |
|
1 | received in his or her capacity as city controller. |
2 | (2) The safekeeping and payment over of all public moneys |
3 | entrusted to his or her care. |
4 | (c) The city controller shall receive a fixed annual salary, |
5 | to be set by ordinance, in an amount not less than the |
6 | compensation paid to members of council. |
7 | Section 81. Sections 1702 and 1703 of the act are repealed: |
8 | [Section 1702. Bond.--He shall give lawful bond to the city, |
9 | with a surety or other company authorized by law to act as |
10 | surety, to be approved by the council, in such sum as it may by |
11 | ordinance direct, conditioned for the honest and faithful |
12 | discharge of his official duties. |
13 | Section 1703. Compensation.--He shall receive a fixed annual |
14 | salary, to be provided by ordinance, which shall not be less |
15 | than the compensation paid to members of council.] |
16 | Section 82. Section 1704 of the act, amended May 6, 1957 |
17 | (P.L.100, No.42) and December 14, 1967 (P.L.828, No.355), is |
18 | amended to read: |
19 | Section 1704. [Examination and Audit of Accounts].--(a)] |
20 | Powers and Duties.--(a) The city controller shall countersign |
21 | all documents authorizing the payment of moneys out of the city |
22 | treasury when satisfied of the legality of the payment. |
23 | (b) The city controller shall have the power to administer |
24 | oaths or affirmations in relation to any matter touching the |
25 | authentication of any account, claim or demand of or against the |
26 | city, but shall not receive any fee therefor. |
27 | (c) The city controller shall have the power to examine[, |
28 | audit and settle all] the following accounts: |
29 | (1) All accounts whatsoever in which the city is concerned, |
30 | either as debtor or creditor[, and shall also, annually or as |
|
1 | often as he desires or is directed to do so by council, examine |
2 | and audit the]. |
3 | (2) The accounts of all city bureaus, officers, and |
4 | departments which collect, receive, and disburse public |
5 | moneys[,] or who are charged with the management, control, or |
6 | custody thereof[, and in every case he shall make report of such |
7 | examination, audit and settlement to the council. He shall |
8 | likewise audit and report upon the]. |
9 | (3) The accounts of [any such] a city officer upon the |
10 | death, resignation, removal or expiration of the term of the |
11 | [said officers] officer. [He shall likewise audit and report |
12 | upon the] |
13 | (4) The accounts of any library to which the city makes |
14 | appropriations, [those of] any institution owned by the city, |
15 | and [those of] Pennsylvania National Guard units to which the |
16 | city makes appropriations. |
17 | [(b) He shall likewise audit, or with the consent of council |
18 | cause to be made by an accountant an annual audit of, all the |
19 | accounts of any municipal officer in any department of the city |
20 | government who may be charged with the duty, or who may perform |
21 | the services, of receiving and disbursing the funds of any |
22 | association, society, or organization of municipal employes or |
23 | persons, directly or indirectly connected with the municipal |
24 | government, for the benefit, relief, or pensioning of firemen, |
25 | policemen, or other municipal employes or persons as aforesaid. |
26 | (c) All such audits shall be made within as short a time as |
27 | possible after the close of the fiscal year, and be annually |
28 | reported to council at its first meeting in March, as other |
29 | reports of the controller are made, and shall be filed with the |
30 | court of quarter sessions within ninety days of the close of the |
|
1 | fiscal year. |
2 | (d) Council may provide for an audit of any or all accounts |
3 | by an independent certified public accountant. |
4 | (e) Brief abstracts or summaries of the reports of such |
5 | accounts and financial statements or such other reports thereof |
6 | as council may require shall be published at least once a week |
7 | for two weeks in one newspaper, in accordance with the |
8 | provisions of section one hundred and nine of this act. The |
9 | expense and cost of such publication shall be paid out of the |
10 | funds of the various associations, organizations, or societies, |
11 | as their other expenses are paid.] |
12 | (d) In the same manner in which subpoenas may be issued and |
13 | enforced, in accordance with section 917, the city controller |
14 | shall have power to issue and pursue enforcement of subpoenas to |
15 | obtain the attendance both of officers whose accounts the |
16 | controller is authorized to examine and of any person or persons |
17 | whom it may be necessary to examine as witnesses. |
18 | (e) The city controller may present council with annual or |
19 | periodic statements concerning the results of the controller's |
20 | examination of accounts. |
21 | Section 83. The act is amended by adding sections to read: |
22 | Section 1704.1. Deputy Controller; Employes.--The controller |
23 | may appoint a deputy controller and may select individuals to |
24 | serve as assistants and employes in the controller's office. The |
25 | number of the assistants and employes permitted, if any, shall |
26 | be fixed by council. Assistants and employes in the controller's |
27 | office shall, in all other respects, be considered employes of |
28 | the city. A deputy controller, assistants and employes appointed |
29 | hereunder shall be bonded, and their compensation shall be fixed |
30 | by council. |
|
1 | Section 1704.2. Temporary Deputy Controller.--In case of the |
2 | sickness, absence or inability of a city controller, and when no |
3 | deputy shall have been appointed by the controller, the council |
4 | may appoint a temporary deputy controller to serve during the |
5 | sickness, absence or inability of such controller, or until the |
6 | controller shall appoint a deputy. A temporary deputy controller |
7 | shall be bonded and receive such compensation as fixed by |
8 | council. |
9 | Section 1704.3. Continuation of Office.--The appointment of |
10 | an independent auditor in accordance with subdivision (b) shall |
11 | not abolish the office of controller. The elected controller |
12 | shall continue to exercise those powers retained for the |
13 | controller in this subdivision. |
14 | Section 84. Article XVII of the act is amended by adding a |
15 | subdivision heading to read: |
16 | (b) Independent Auditor |
17 | Section 85. The act is amended by adding sections to read: |
18 | Section 1704.11. Appointment of an Independent Auditor.--The |
19 | council shall provide, by resolution, for the appointment of an |
20 | independent auditor. The independent auditor may be a certified |
21 | public accountant or a firm of certified public accountants. |
22 | Section 1704.12. Powers and Duties of the Independent |
23 | Auditor.--(a) The independent auditor shall conduct an annual |
24 | audit of all accounts of city officers, departments and offices |
25 | which collect, receive and disburse public moneys and other |
26 | funds or are charged with the management, control or custody |
27 | thereof on which he or she is required to report pursuant to |
28 | this subdivision. The annual audit, as directed by council, |
29 | shall also include any accounts subject to examination by the |
30 | controller pursuant to subdivision (a). |
|
1 | (b) The independent auditor shall have and possess the |
2 | powers expressly provided in this subdivision and, in relation |
3 | to accounts which the independent auditor is authorized to |
4 | audit, shall have the same power as the city controller to issue |
5 | subpoenas to obtain the attendance of officers and witnesses. |
6 | Section 86. Section 1705 of the act, amended March 2, 1970 |
7 | (P.L.71, No.31), is amended to read: |
8 | Section 1705. Annual Report to Council; Filing Copy in Court |
9 | and Appeal [Therefrom].--(a) The [city controller] independent |
10 | auditor appointed in accordance with this subdivision shall make |
11 | a report to council, at [its] council's first meeting in March |
12 | in each year, of the audits [which he shall have] made of the |
13 | accounts of the officers having charge, custody, control or |
14 | disbursement of such public moneys and other funds, showing the |
15 | balance in their hands respectively, and, within ninety days of |
16 | the close of the fiscal year, the [city controller] independent |
17 | auditor shall file a copy of the [said] annual report to council |
18 | with the clerk of the court or the prothonotary, as may be |
19 | provided by local rules of court. |
20 | (b) The independent auditor shall also prepare, annually, an |
21 | intelligible summary of the report or reports made pursuant to |
22 | this section, showing the fiscal condition of the affairs of the |
23 | city. Council may require advisory interim reports from the |
24 | independent auditor. |
25 | (c) It shall be lawful for the city or any taxpayer thereof |
26 | on its behalf or any officer whose account is settled or audited |
27 | to appeal from the settlement or audit to the court of common |
28 | pleas of the county within forty-five days after the [said] |
29 | annual report to council has been filed. If the appellant is a |
30 | taxpayer or any officer charged as aforesaid, he shall file a |
|
1 | bond, with one or more sufficient sureties, conditioned to pay |
2 | all costs thereafter accruing in case a decision shall not be |
3 | obtained more favorable to the party on whose behalf the appeal |
4 | shall be taken than that contained in the [said] report. [The |
5 | city controller shall also prepare an intelligible summary of |
6 | said reports, showing the fiscal condition of the affairs of the |
7 | city, and post one copy of said summary in a conspicuous place |
8 | in the city hall. Council may require advisory interim reports |
9 | from the city controller.] |
10 | Section 87. Sections 1706, 1707, 1708 and 1709 of the act |
11 | are repealed: |
12 | [Section 1706. Power to Administer Oaths; Countersigning of |
13 | Warrants.--The city controller shall have the power to |
14 | administer oaths or affirmations in relation to any matter |
15 | touching the authentication of any account, claim, or demand of |
16 | or against the city, but shall not receive any fee therefor, and |
17 | shall countersign all warrants for the payment of moneys out of |
18 | the city treasury when satisfied of the legality of such |
19 | payment. |
20 | Section 1707. Power to Subpoena City Officers.--The city |
21 | controller shall have power to issue subpoenas to obtain the |
22 | attendance of officers whose accounts he is authorized to |
23 | adjust, audit, and settle, and also to subpoena any person or |
24 | persons whom it may be necessary to examine as witnesses, and in |
25 | case any city officer or any witness refuses to appear upon |
26 | being subpoenaed, he shall report such refusal to council, and |
27 | the council is hereby empowered to enact ordinances to compel |
28 | the attendance of city officers and witnesses before the said |
29 | city controller and to impose penalties in case of refusal. |
30 | Section 1708. Appointment of Deputy Controller; Powers; |
|
1 | Responsibility.--The city controller may appoint a deputy |
2 | controller, who in case of the sickness, absence, or inability |
3 | of such controller to act, shall have the same powers and shall |
4 | perform the same duties as are imposed by law upon the city |
5 | controller. In the case of such appointment, the said controller |
6 | shall be responsible and liable for the acts of such deputy. |
7 | Section 1709. Appointment of Temporary Deputy by Council; |
8 | Bond; Compensation.--In case of the sickness, absence, or |
9 | inability of a city controller, and when no deputy shall have |
10 | been appointed by him, the council of such city may appoint a |
11 | deputy controller to serve during the sickness, absence, or |
12 | inability of such controller, or until such controller shall |
13 | appoint a deputy, as aforesaid, who shall furnish such bond, and |
14 | receive such compensation, as shall be fixed by council.] |
15 | Section 88. Article XVIII heading of the act is reenacted to |
16 | read: |
17 | ARTICLE XVIII |
18 | ACCOUNTS AND FINANCES |
19 | Section 89. Section 1801 of the act, amended April 27, 1965 |
20 | (P.L.21, No.18), is amended to read: |
21 | Section 1801. Fiscal Year.--The fiscal year of each city |
22 | shall begin on the first day of January and end on the last day |
23 | of December. |
24 | Section 90. Sections 1802, 1803 and 1804 of the act are |
25 | amended to read: |
26 | Section 1802. [Director of Accounts and Finance] Chief |
27 | Fiscal Officer; Bond; Administering Oaths.--[The director of |
28 | accounts and finance shall be the head of the Department of |
29 | Accounts and Finance. He shall furnish bond in such amount as |
30 | shall be fixed by ordinance. He] (a) Council shall provide for |
|
1 | a chief fiscal officer for the city. In filling the position of |
2 | chief fiscal officer, council may appoint, but shall not be |
3 | limited to appointing, the director of the department of |
4 | accounts and finance, if one is appointed pursuant to Article XI |
5 | or the city administrator, if one is appointed pursuant to |
6 | Article XIII. |
7 | (b) Council shall require that the chief fiscal officer |
8 | furnish a bond subject to section 907.1. |
9 | (c) The chief fiscal officer shall have authority to |
10 | administer oaths and affirmations in relation to any matter |
11 | touching the authentication of every account with or claim or |
12 | demand of or against the city, but shall not be entitled to |
13 | receive any fee therefor. |
14 | Section 1803. Deputy.--[The director of accounts and finance |
15 | may appoint a deputy, subject to the approval of council, which |
16 | shall fix the salary of such deputy.] Council may authorize the |
17 | chief fiscal officer to appoint, subject to the approval of |
18 | council, a deputy chief fiscal officer whose compensation shall |
19 | be fixed by council. The deputy shall have power to administer |
20 | oaths and affirmations in all matters relating to the affairs of |
21 | [said] the office and shall furnish a bond subject to section |
22 | 907.1. If no deputy has been appointed, council may appoint a |
23 | temporary deputy chief fiscal officer to serve during the chief |
24 | fiscal officer's illness, absence or inability to serve. The |
25 | temporary deputy chief fiscal officer may be required to furnish |
26 | bond as required by council. [The director of accounts and |
27 | finance shall in all cases be responsible and liable for the |
28 | actions and conduct of the said deputy.] |
29 | Section 1804. Regulations Concerning Appropriation.--(a) No |
30 | debt shall be created by any department of the city[,] except in |
|
1 | [pursuance of previous authority of law, ordinance, or |
2 | resolution] accordance with law. |
3 | (b) No money shall be paid out of the city treasury except |
4 | upon appropriation made according to law[,] and [on warrant] |
5 | pursuant to a document authorizing payment drawn by the proper |
6 | officer or officers in pursuance thereof. |
7 | (c) No work shall be hired to be done, no materials |
8 | purchased, no contracts made, and no order issued for the |
9 | payment of any moneys [in any amount which will cause the sums |
10 | appropriated to specific purposes to be exceeded], if doing so |
11 | would result in the total expenditure of money for a specific |
12 | purpose to exceed the amount appropriated for that purpose. |
13 | (d) In every case in which an appropriation shall be |
14 | [exhausted] entirely expended, and the object of [which] the |
15 | appropriation is not completed, the [director of accounts and |
16 | finance] chief fiscal officer shall [immediately] on or before |
17 | the next regularly scheduled council meeting report the fact to |
18 | the city council and accompany [such] the report with a |
19 | statement of the moneys which have been drawn on [such] the |
20 | appropriation[,] and the particular purpose for which they were |
21 | drawn. |
22 | (e) The council may at any time by ordinance make |
23 | supplemental appropriations for any lawful purpose from any |
24 | funds on hand or estimated to be received within the fiscal year |
25 | and not appropriated to any other purpose, including the |
26 | proceeds of any borrowing now or hereafter authorized by law. |
27 | (f) The council shall have the power to authorize the |
28 | transfer of any unexpended balance, of any appropriation item, |
29 | or any portion thereof, but [such action shall be taken only on |
30 | the recommendation of a director of one of the departments] |
|
1 | council shall first seek comments from the director of the |
2 | department negatively affected by the proposed transfer pursuant |
3 | to this section. |
4 | [When a transfer of over five per cent of an appropriation |
5 | item is made within a department or when a transfer of over five |
6 | per cent of the total appropriation is made from one department |
7 | to another department, an affirmative vote of four members of |
8 | the council shall be required.] |
9 | (g) Consistent with this section, council shall determine |
10 | the manner and method of all intradepartmental and |
11 | interdepartmental financial transfers. |
12 | Section 91. Section 1804.1 of the act, amended July 10, 1980 |
13 | (P.L.478, No.103) and December 13, 1982 (P.L.1149, No.263), is |
14 | amended to read: |
15 | Section 1804.1. Investment of City Funds.--(a) The council |
16 | shall have power to provide the following: |
17 | (1) [make] The investment of city sinking funds as |
18 | authorized by [the act of July 12, 1972 (P.L.781, No.185), known |
19 | as the "Local Government Unit Debt Act";] 53 Pa.C.S. Pt. VII |
20 | Subpt. B (relating to indebtedness and borrowing). |
21 | (2) [make] The investment of moneys in the general fund and |
22 | in special funds of the city other than the sinking funds as |
23 | authorized by this article[; and]. |
24 | (3) [liquidate] The liquidation of any [such] investment, in |
25 | whole or in part, by disposing of securities or withdrawing |
26 | funds on deposit. Any action taken to make or to liquidate any |
27 | investment shall be made by the officers designated by action of |
28 | the council. |
29 | (b) The council shall invest city funds consistent with |
30 | sound business practice. |
|
1 | (c) The council shall provide for an investment program |
2 | subject to restrictions contained in this act and in any other |
3 | applicable statute and any rules and regulations adopted by the |
4 | council. |
5 | (d) Authorized types of investments for city funds shall be |
6 | any of the following: |
7 | (1) United States Treasury bills. |
8 | (2) Short-term obligations of the United States Government |
9 | or its agencies or instrumentalities. |
10 | (3) Deposits in savings accounts or time deposits, other |
11 | than certificates of deposit, or share accounts of institutions |
12 | insured by the Federal Deposit Insurance Corporation [or the |
13 | Federal Savings and Loan Insurance Corporation] or the National |
14 | Credit Union Share Insurance Fund [or the Pennsylvania Deposit |
15 | Insurance Corporation or the Pennsylvania Savings Association |
16 | Insurance Corporation] to the extent that such accounts are so |
17 | insured[,] and, for any amounts above the insured maximum, |
18 | provided that approved collateral as provided by law therefore |
19 | shall be pledged by the depository. |
20 | (4) Obligations of the United States of America or any of |
21 | its agencies or instrumentalities backed by the full faith and |
22 | credit of the United States of America, the Commonwealth of |
23 | Pennsylvania or any of its agencies or instrumentalities backed |
24 | by the full faith and credit of the Commonwealth, or of any |
25 | political subdivision of the Commonwealth of Pennsylvania or any |
26 | of its agencies or instrumentalities backed by the full faith |
27 | and credit of the political subdivision. |
28 | (5) Shares of an investment company registered under the |
29 | Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 |
30 | et seq.), whose shares are registered under the Securities Act |
|
1 | of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), provided that |
2 | the only investments of that company are in the authorized |
3 | investments for city funds listed in clauses (1) through (4). |
4 | (6) Certificates of deposit purchased from institutions |
5 | insured by the Federal Deposit Insurance Corporation [or the |
6 | Federal Savings and Loan Insurance Corporation] or the National |
7 | Credit Union Share Insurance Fund [or the Pennsylvania Deposit |
8 | Insurance Corporation or the Pennsylvania Savings Association |
9 | Insurance Corporation] to the extent that such accounts are so |
10 | insured. However, for any amounts above the insured maximum, |
11 | such certificates of deposit shall be collateralized by a pledge |
12 | or assignment of assets of the institution, and such collateral |
13 | may include loans (including interest in pools of loans) secured |
14 | by first mortgage liens on real property. Certificates of |
15 | deposit purchased from commercial banks shall be limited to an |
16 | amount equal to twenty per centum of a bank's total capital and |
17 | surplus. Certificates of deposit purchased from savings and loan |
18 | associations or savings banks shall be limited to an amount |
19 | equal to twenty per centum of an institution's assets minus |
20 | liabilities. |
21 | (7) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating |
22 | to [fiduciaries] municipalities investments) shall be an |
23 | authorized investment for any pension or retirement fund. |
24 | (8) Repurchase agreements which are fully collateralized by |
25 | obligations of the United States Government or its agencies or |
26 | instrumentalities, which are free from other liens and backed by |
27 | the full faith and credit of the United States or are rated in |
28 | the highest category by a nationally recognized statistical |
29 | rating organization. |
30 | (9) Deposits in investment pools established by the State |
|
1 | Treasurer or established by local governments pursuant to 53 |
2 | Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental |
3 | cooperation) and related statutes, provided that the investment |
4 | pools are rated in the highest category by a nationally |
5 | recognized statistical rating organization. |
6 | (e) In making investments of city funds, the council shall |
7 | have authority to do any of the following: |
8 | (1) [To permit] Permit assets pledged as collateral under |
9 | subsection (d)(3), to be pooled in accordance with the act of |
10 | August 6, 1971 (P.L.281, No.72), relating to pledges of assets |
11 | to secure deposits of public funds. |
12 | (2) [To combine] Combine moneys from more than one fund |
13 | under city control for the purchase of a single investment, |
14 | provided that each of the funds combined for the purpose shall |
15 | be accounted for separately in all respects and that the |
16 | earnings from the investment are separately and individually |
17 | computed and recorded, and credited to the accounts from which |
18 | the investment was purchased. |
19 | (3) [To join] Join with one or more other political |
20 | subdivisions and municipal authorities in accordance with [the |
21 | act of July 12, 1972 (P.L.762, No.180), referred to as the |
22 | Intergovernmental Cooperation Law] 53 Pa.C.S. Ch. 23, Subch. A |
23 | (relating to intergovernmental cooperation), in the purchase of |
24 | a single investment, provided that the requirements of clause |
25 | (2) on separate accounting of individual funds and separate |
26 | computation, recording and crediting of the earnings therefrom |
27 | are adhered to. |
28 | Section 92. Sections 1805, 1806, 1807 and 1808 of the act |
29 | are amended to read: |
30 | Section 1805. Countersigning [Warrants;] Documents; Money |
|
1 | Available; Evidence Required.--(a) The [director of the |
2 | Department of Accounts and Finance] chief fiscal officer shall |
3 | countersign all [warrants upon the city treasury, the form |
4 | whereof shall be prescribed by council, and] documents, in the |
5 | form approved by council, authorizing payment from the city |
6 | treasury. |
7 | (b) In countersigning documents authorizing payment from the |
8 | city treasury, the chief fiscal officer shall not [suffer] |
9 | permit any appropriation made by the council to be overdrawn[. |
10 | No warrant shall be countersigned] and shall not countersign |
11 | unless there is money in the treasury to pay the same. |
12 | (c) Except in the case of [warrants for the payment of |
13 | moneys] documents authorizing payment to volunteer fire |
14 | companies, whenever a [warrant on the treasurer] document |
15 | authorizing payment from the city treasury shall be presented to |
16 | the [director of accounts and finance] chief fiscal officer to |
17 | be countersigned, the person presenting the same shall be[, by |
18 | the said director,] required to produce evidence of each of the |
19 | following: |
20 | (1) [That the] The amount expressed in the [warrant] |
21 | document authorizing payment is due [to] the person in whose |
22 | favor it is drawn. |
23 | (2) [That the] The supplies, services or other consideration |
24 | for payment of which the [warrant] document authorizing payment |
25 | is drawn have been furnished, performed or given according to |
26 | law and the terms of the contract, if any. |
27 | Section 1806. Record of Assets, Property, Trusts, Debts Due, |
28 | Receipts and Expenditures.--The [director of accounts and |
29 | finance] chief fiscal officer or other official or employe of |
30 | the city designated by council shall have charge and keep a |
|
1 | record of accounts, under appropriate titles, to show separately |
2 | and distinctly all of the assets and property whatsoever vested |
3 | in the city, and all trusts in care of the same, debts owing by |
4 | the city, and all of the receipts and expenditures of the |
5 | various departments. |
6 | Section 1807. Supervision of Accounts of Departments.--The |
7 | [director of accounts and finance] chief fiscal officer shall |
8 | have the supervision and control of the accounts of all of the |
9 | departments, and may require from them at any time a statement |
10 | in writing of all money or property of the city in their hands. |
11 | Section 1808. Suggestions [by Director] for Improvement of |
12 | City Finances.--The [director of accounts and finance] chief |
13 | fiscal officer may, from time to time, and shall, when the |
14 | council shall direct, suggest plans to the council for the |
15 | management and improvement of the city finances. |
16 | Section 93. Sections 1809 and 1810 of the act, amended June |
17 | 22, 2000 (P.L.321, No.33), are amended to read: |
18 | Section 1809. Annual Budget; Presentation to Council; |
19 | Notice; Revision; Adoption.--[The director of accounts and |
20 | finance] (a) Each year, the chief fiscal officer shall, on |
21 | behalf of council, at the last stated meeting in November [in |
22 | each year] present to council for [first reading] introduction a |
23 | proposed budget ordinance for all funds showing the estimated |
24 | receipts, expenditures, and liabilities of every kind[,] for the |
25 | ensuing year, with the balance of unexpended appropriations[,] |
26 | and all other information of value as a basis for fixing the |
27 | levy and tax rate for the next fiscal year. Council shall[,] |
28 | upon [passing] introducing the [said] proposed budget ordinance |
29 | [on first reading,] fix a date for adoption thereof, which shall |
30 | be not later than the thirty-first day of December of [such] |
|
1 | that year. |
2 | (b) The several departments of the city government shall, |
3 | before the proposed budget ordinance is [presented] introduced, |
4 | as [above] provided in subsection (a), furnish to the council an |
5 | estimate of the probable receipts and expenditures and an |
6 | estimate of the amount required by each of [said] the |
7 | departments for the public service during the ensuing fiscal |
8 | year as a basis for making the annual appropriations thereto. |
9 | (c) When the proposed budget ordinance is submitted to |
10 | council and has [passed first reading] been introduced, the city |
11 | clerk shall forthwith make the same available for public |
12 | inspection at his or her office in the city hall[,] and shall |
13 | thereupon publish a notice to that effect once in [at least one] |
14 | a newspaper. [in accordance with the provisions of section one |
15 | hundred nine of this act. Such] The notice shall state the date |
16 | fixed by council for [adoption] enactment of the proposed budget |
17 | ordinance, and [such] notice shall be published at least twenty |
18 | days prior to the time fixed by council for [adoption] enactment |
19 | of the proposed budget ordinance. The proposed budget ordinance |
20 | shall be available for public inspection at the city clerk's |
21 | office for at least ten days after the aforesaid newspaper |
22 | notice [thereof] is published. |
23 | (d) The council shall, after making such changes and |
24 | modifications therein as appear proper, [adopt] enact the budget |
25 | and any appropriation measures required to put it into effect |
26 | upon the date fixed for [adoption] enactment thereof[: Provided, |
27 | That said], provided, however, that the budget shall reflect as |
28 | nearly as possible the estimated revenues and expenditures of |
29 | the city for the year for which the budget is prepared. [That |
30 | should] Should it appear upon any revision of the budget that |
|
1 | the estimated expenditures in the [adopted] enacted budget would |
2 | be increased more than ten per cent in the aggregate or more |
3 | than twenty-five per cent in any individual item over the |
4 | proposed budget, [such] the budget shall not be [adopted] |
5 | enacted with any [such] of the increases therein unless the same |
6 | be again made available for public inspection [and for protest |
7 | of such increases] for a period of at least ten days after |
8 | notice to that effect is published as hereinbefore provided. |
9 | Section 1810. Amending Budget; Notice.-- (a) During the |
10 | month of January [next following any municipal election] |
11 | following the expiration of a past fiscal year, in furthering |
12 | its fiduciary responsibility, the council of any city may amend |
13 | the budget and the levy and tax rate to conform [with] to its |
14 | amended budget ordinance. A period of ten days' public |
15 | inspection at the office of the city clerk of the proposed |
16 | amended budget ordinance, after notice by the city clerk to that |
17 | effect is published [once] in a newspaper, [as provided in |
18 | section one hundred nine of this act] shall intervene between |
19 | council's [first reading] introduction of the proposed amended |
20 | budget ordinance and the [adoption] enactment thereof. Any |
21 | amended budget ordinance must be [adopted] enacted by council on |
22 | or before the fifteenth day of February. |
23 | [No such] (b) After introduction, no proposed amended budget |
24 | ordinance shall [after first reading] be revised upward in |
25 | excess of ten [percent] per centum in the aggregate thereof or |
26 | as to an individual item in excess of twenty-five per [cent] |
27 | centum of the amount of such individual item in the proposed |
28 | amended budget ordinance. |
29 | Section 94. Section 1811 of the act is amended to read: |
30 | Section 1811. Appropriations; Tax Rate; Limitations.--(a) |
|
1 | When all estimates for the receipts, liabilities, and |
2 | expenditures for the ensuing year shall be made, council shall |
3 | proceed to make the annual appropriations[,] and shall fix the |
4 | tax rate at such figure as will, in combination with all other |
5 | estimated receipts of the city, fully meet and cover the |
6 | aggregate amount of such estimates of liabilities and |
7 | expenditures for the ensuing year. |
8 | (b) No appropriation, however, shall be made for any purpose |
9 | until the interest accruing on the funded debt of the city and |
10 | the principal of [such] that part of [said] the debt as may be |
11 | coming due in that fiscal year, the salaries of officers, and |
12 | the ordinary and necessary expenses of the city shall first be |
13 | provided for, and no appropriation shall be made for any purpose |
14 | in excess of the estimated receipts and revenues for the fiscal |
15 | year for which such appropriations are made. |
16 | Section 95. Section 1811.2 of the act, amended October 5, |
17 | 1967 (P.L.327, No.143) and repealed in part July 12, 1972 |
18 | (P.L.781, No.185), is amended to read: |
19 | Section 1811.2. Borrowing in Anticipation of Current |
20 | Revenue.--[Cities] In accordance with 53 Pa.C.S. Pt. VII Subpt. |
21 | B (relating to indebtedness and borrowing), cities may borrow |
22 | money in anticipation of current revenues to an amount not |
23 | exceeding [such] the anticipated current revenues, which shall |
24 | be pledged for the payment of [such] the loan or loans, and may |
25 | issue notes or other [form] forms of obligation[, executed by |
26 | the director of the Department of Accounts and Finance and |
27 | attested by the mayor under the seal of the city, securing such |
28 | loans. Such notes or other form of obligation shall mature and |
29 | be payable during the current fiscal year in which such money is |
30 | borrowed. No such borrowing shall constitute an increase of |
|
1 | indebtedness within the meaning of Article nine, section eight |
2 | of the Constitution of Pennsylvania, or of the "Municipal |
3 | Borrowing Law" of June twenty-fifth, one thousand nine hundred |
4 | forty-one (Pamphlet Laws 159), or of any of the provisions of |
5 | this act, and shall not require the approval of the Department |
6 | of Community Affairs. Such notes shall bear interest at a rate |
7 | not exceeding six (6) per centum per annum, payable at maturity |
8 | or in advance, and may be sold at either public or private sale |
9 | for not less than par. If such loans are not repaid in whole or |
10 | in part during the fiscal year in which they are made, they, or |
11 | such amounts as remain unpaid, shall become an obligation upon |
12 | the following year's budget and shall be included therein and |
13 | paid not later than the thirty-first day of December of such |
14 | following year. The incurring of such obligations shall receive |
15 | the affirmative vote of not less than two-thirds of the members |
16 | of the city council] in evidence of the debt. |
17 | Section 96. Sections 1812 and 1813 of the act, amended June |
18 | 22, 2000 (P.L.321, No.33), are amended to read: |
19 | Section 1812. Annual Reports; Publication; Filing Report |
20 | with Department of Community and Economic Development; |
21 | Penalty.--(a) The [director of accounts and finance] chief |
22 | fiscal officer shall make a report, verified by oath or |
23 | affirmation, to the council at a stated meeting in April in each |
24 | year of the public accounts of the city and of the trusts in its |
25 | care for the preceding fiscal year, exhibiting all of the |
26 | expenditures thereof, respectively, and the sources from which |
27 | the revenue and funds are derived and in what measures the same |
28 | have been disbursed. Each account shall be accompanied by a |
29 | statement in detail of the several appropriations made by |
30 | council, the amount drawn and encumbered on each appropriation, |
|
1 | and the unencumbered balance outstanding to the debit or credit |
2 | of such appropriation at the close of the fiscal year. |
3 | (b) [Such] The report, accompanied by a concise financial |
4 | statement setting forth the balance in the treasury at the |
5 | beginning of the fiscal year, all revenues received during the |
6 | fiscal year, by major classifications, all expenditures made |
7 | during the fiscal year, by major functions, and the current |
8 | resources and liabilities of the city at the end of the fiscal |
9 | year, the gross liability and the net debt of the city, the |
10 | amount of the assessed valuation of the taxable property in the |
11 | city, the assets of the city and the character and value |
12 | thereof, the date of the last maturity of the respective forms |
13 | of funded debt, and the assets in each sinking fund, shall be |
14 | published [once in not more than two newspapers printed or |
15 | circulated in such city, as required by section one hundred and |
16 | nine of this act] in a newspaper. Before [such] the report or |
17 | statement is made or published, [the same] it shall be approved |
18 | by the [controller] independent auditor, who may approve it |
19 | subject to such exceptions as he or she may have thereto[: |
20 | Provided, Council]; provided, however, that council may cause |
21 | [such] the statement to be printed in pamphlet form in addition |
22 | to the publications made as aforesaid. |
23 | (c) The [director of accounts and finance] chief fiscal |
24 | officer shall also, annually, make report of the financial |
25 | condition of the city in the form above provided to the |
26 | Department of Community and Economic Development, within ninety |
27 | days after the close of the fiscal year, signed and duly |
28 | verified by the oath of the [director] chief fiscal officer and |
29 | approved by the [city controller] independent auditor, as above |
30 | provided. Any [director of accounts and finance] chief fiscal |
|
1 | officer appointed by the city refusing or [wilfully] willfully |
2 | neglecting to file such report shall, upon conviction thereof[,] |
3 | in a summary proceeding brought [at the instance of] by the |
4 | Department of Community and Economic Development, be sentenced |
5 | to pay a fine of five dollars for each day's delay beyond said |
6 | ninety days, and costs. All fines recovered shall be for the use |
7 | of the Commonwealth. |
8 | (d) The report to the Department of Community and Economic |
9 | Development shall be presented in a form as provided for in |
10 | section [one thousand eight hundred and thirteen of this act] |
11 | 1813. |
12 | Section 1813. Committee to Prepare Uniform Forms.--(a) The |
13 | uniform financial report forms, specified in the foregoing |
14 | sections of this act, shall be prepared by a committee |
15 | consisting of four representatives of the Pennsylvania League of |
16 | Cities and Municipalities and the Secretary of Community and |
17 | Economic Development, or his or her agent or designee who shall |
18 | be a person trained in the field of municipal finance. |
19 | [Such] (b) The representatives shall be appointed by the |
20 | president of [said] the organization within sixty days after the |
21 | effective date of this act. Such representatives shall be chosen |
22 | from among finance officers of third class cities or other |
23 | officers of such cities who have knowledge of their fiscal |
24 | procedures[. As], and as far as possible, they shall be chosen |
25 | to represent cities in the various population groups within the |
26 | range of cities of the third class. The president of the |
27 | Pennsylvania League of Cities and Municipalities and other |
28 | designated participants shall supply to the Secretary of |
29 | Community and Economic Development the names and addresses of |
30 | [such] the representatives immediately upon their appointment. |
|
1 | [Said] |
2 | (c) The representatives shall serve without compensation, |
3 | but they shall be reimbursed by the Commonwealth for all |
4 | necessary expenses incurred in attending meetings of the |
5 | committee. The committee shall meet at the call of the Secretary |
6 | of Community and Economic Development, or his or her agent or |
7 | designee, who shall serve as [chairman] chairperson of the |
8 | committee. |
9 | (d) It shall be the duty of the Secretary of Community and |
10 | Economic Development, or his or her agent or designee, to see to |
11 | it that the forms required by this act are prepared in |
12 | cooperation with [said] the committee. In the event that [said] |
13 | the committee should for any reason fail to furnish such |
14 | cooperation, the Secretary of Community and Economic |
15 | Development, or his or her agent or designee, shall complete the |
16 | preparation of the forms. After their preparation, he or she |
17 | shall issue [said] the forms and distribute them annually, as |
18 | needed, to the designated officers of each city of the third |
19 | class. |
20 | (e) No change or alteration in the forms prescribed shall be |
21 | made by the Secretary of Community and Economic Development or |
22 | his or her agent designee, except by a majority approval of the |
23 | committee, unless upon reasonable notice two or more |
24 | representatives thereof fail to attend the committee meetings. |
25 | In voting upon any change or alteration, each representative and |
26 | the [chairman] chairperson of the committee shall have one vote. |
27 | Section 97. Section 1814 of the act is amended to read: |
28 | Section 1814. Annual Reports to Council on Insurance and |
29 | Bonds.--The [director of accounts and finance] chief fiscal |
30 | officer shall prepare or cause to be prepared and submit to |
|
1 | council [at the first stated meeting in October of each year], |
2 | as council shall direct, a complete and itemized report of all |
3 | policies of insurance contracted for by the city[,] for the |
4 | information and consideration of council. The [director of |
5 | accounts and finance] chief fiscal officer shall make a like |
6 | report [at the same time each year], as council shall direct, of |
7 | all bonds given for the protection of the city in whole or in |
8 | part. |
9 | Section 98. Article XIX heading of the act is reenacted to |
10 | read: |
11 | ARTICLE XIX |
12 | CONTRACTS |
13 | Section 99. Section 1901 of the act, amended or added |
14 | September 17, 1959 (P.L.906, No.359), October 4, 1978 (P.L.1045, |
15 | No.239), July 1, 1981 (P.L.196, No.59), March 25, 1988 (P.L.289, |
16 | No.32), April 3, 1992 (P.L.53, No.17) and July 11, 1996 |
17 | (P.L.647, No.109), is amended to read: |
18 | Section 1901. [Power to Make Contracts; Regulations |
19 | Concerning Contracts.--(a) Each city may make contracts for |
20 | carrying into execution the provisions of this act and the laws |
21 | of the Commonwealth. The council shall, by ordinance, provide |
22 | for and regulate the award of all contracts. All contracts or |
23 | purchases not in excess of ten thousand dollars shall be by note |
24 | or memorandum in writing, signed by the officer or employe |
25 | making the purchase or contract. |
26 | (b) All services and personal properties required by any |
27 | city, or any department thereof, where the amount exceeds the |
28 | sum of ten thousand dollars, shall be furnished and performed |
29 | under written contract, and the contract shall be awarded and |
30 | given to the lowest responsible bidder, after advertising two |
|
1 | times, each publication on a different day, in not more than two |
2 | newspapers, in accord with the provisions of section one hundred |
3 | and nine of this act, and the bids shall not be opened until at |
4 | least ten days have elapsed after the first advertisement. A |
5 | notice of the advertisement for contracts or purchases shall |
6 | also be posted at the city hall. |
7 | (c) The amount of the contract shall in all cases, whether |
8 | of straight sale price, conditional sale, bailment lease, or |
9 | otherwise, be the entire amount which the city pays to the |
10 | successful bidder or his assigns in order to obtain the services |
11 | or property or both, and shall not be construed to mean only the |
12 | amount which is paid to acquire title or to receive any other |
13 | particular benefit or benefits of the whole bargain. |
14 | (d) The contracts or purchases made by council involving an |
15 | expenditure of over ten thousand dollars, which shall not |
16 | require advertising or bidding, as hereinbefore provided are as |
17 | follows: |
18 | (1) Those for maintenance, repairs or replacements for |
19 | water, electric light or other public works of the city, |
20 | provided they do not constitute new additions, extensions or |
21 | enlargements of existing facilities and equipment, but a bond |
22 | may be required by council as in other cases of work done. |
23 | (2) Those made for improvements, repairs and maintenance of |
24 | any kind made or provided by any city through its own employes: |
25 | Provided, however, That this shall not apply to construction |
26 | materials used in a street improvement. |
27 | (3) Those where particular types, models or pieces of new |
28 | equipment, articles, apparatus, appliances, vehicles, or parts |
29 | thereof, are desired by council, which are patented and |
30 | manufactured or copyrighted products. |
|
1 | (4) Those involving any policies of insurance or surety |
2 | company bonds; those made for public utility service under |
3 | tariffs on file with the Pennsylvania Public Utility Commission; |
4 | those made with another political subdivision or a county, the |
5 | Commonwealth of Pennsylvania, the Federal government, any agency |
6 | of the Commonwealth or the Federal government, or any municipal |
7 | authority, including the sale, leasing or loan of any supplies |
8 | or materials by the Commonwealth or the Federal government, or |
9 | their agencies, but the price thereof shall not be in excess of |
10 | that fixed by the Commonwealth, the Federal government, or their |
11 | agencies. |
12 | (5) Those involving personal or professional services. |
13 | (6) Those made during a state of emergency declared by the |
14 | mayor or chief executive in accord with section one thousand two |
15 | hundred and three of this act. |
16 | (e) The acceptance of bids by advertising required herein |
17 | shall be made by public announcement at the meeting at which |
18 | bids are received by council or at a subsequent meeting, the |
19 | time and place of which shall be publicly announced when bids |
20 | are so received. If, for any reason, the award is not made at |
21 | either of the above meetings, the same business may be |
22 | transacted at a subsequent meeting, the time and place of which |
23 | shall be announced at the previous meeting held for such award. |
24 | At such third meeting, the council shall either award the |
25 | contract or shall reject all bids. |
26 | (f) Council may require that any bids so advertised be |
27 | accompanied by cash, by a certified or cashier's good faith |
28 | check or other irrevocable letter of credit in a reasonable |
29 | amount, or by a bond with corporate surety in a reasonable |
30 | amount. Whenever it is required that a bid be accompanied by |
|
1 | cash, certified check, cashier's good faith check or other |
2 | irrevocable letter of credit, no bid shall be considered unless |
3 | so accompanied. In the event any bidder shall, upon award of the |
4 | contract to him, fail to comply with the requirements |
5 | hereinafter stated as to a bond guaranteeing the performance of |
6 | the contract the good faith deposit by cash, certified check, or |
7 | bond, shall be forfeited to the city as liquidated damages. |
8 | (g) Where advertising is required herein, the successful |
9 | bidder shall be required to furnish a bond or irrevocable letter |
10 | of credit in an amount sufficient to council with suitable |
11 | reasonable requirements guaranteeing the performance of the |
12 | contract within twenty days after the contract has been awarded, |
13 | unless council prescribes a shorter period of not less than ten |
14 | days, and failure to furnish such security within such time |
15 | shall void the award. The provisions of this subsection |
16 | requiring successful bidders to furnish security shall not be |
17 | mandatory as to contracts for the purchase of motor vehicles or |
18 | other pieces of equipment but only as to those contracts which |
19 | involve furnishing of labor and materials. Council may in all |
20 | cases of contracts or purchases require security for |
21 | performance, delivery, or other terms. |
22 | (h) Where the roadway of a street is to be paved originally |
23 | and for the first time, or reconstructed by putting down a new |
24 | base, or a sewer is to be constructed, or grading done, such |
25 | work shall be done under written contract, after advertising as |
26 | provided in section one hundred and nine of this act, and such |
27 | contract shall be given to the lowest responsible bidder. |
28 | (i) The council may, by ordinance, provide for and regulate |
29 | the purchase of supplies and materials and the sale of personal |
30 | property. |
|
1 | (j) The council may also, by ordinance, provide a contingent |
2 | fund or funds for necessary repairs and incidental expenses, not |
3 | otherwise provided in the general appropriations, and such funds |
4 | may be expended without advertising for bids. |
5 | (k) Every contract for the construction, reconstruction, |
6 | alteration, repair, improvement or maintenance of public works |
7 | shall comply with the provisions of the act of March 3, 1978, |
8 | (P.L.6, No.3), known as the "Steel Products Procurement Act." |
9 | (l) No person, consultant, firm or corporation contracting |
10 | with a city for purposes of rendering personal or professional |
11 | services to the city shall share with any city officer or |
12 | employe, and no city officer or employe shall accept, any |
13 | portion of the compensation or fees paid by the city for the |
14 | contracted services provided to the city except under the |
15 | following terms or conditions: |
16 | (1) Full disclosure of all relevant information regarding |
17 | the sharing of the compensation or fees shall be made to the |
18 | council of the city. |
19 | (2) The council of the city must approve the sharing of any |
20 | fee or compensation for personal or professional services prior |
21 | to the performance of said services. |
22 | (3) No fee or compensation for personal or professional |
23 | services may be shared except for work actually performed. |
24 | (4) No shared fee or compensation for personal or |
25 | professional services may be paid at a rate in excess of that |
26 | commensurate for similar personal or professional services.] |
27 | Power to Make and Regulate the Awarding of Contracts.--Each city |
28 | may make contracts for carrying into execution the provisions of |
29 | this act and the laws of this Commonwealth. In addition to and |
30 | consistent with the requirements of this article, council shall, |
|
1 | by ordinance, provide for and regulate the procedures for the |
2 | award of all contracts, including the purchase of supplies and |
3 | materials. |
4 | Section 100. The act is amended by adding sections to read: |
5 | Section 1901.1. Contracts or Purchases in Excess of Twenty- |
6 | five Thousand Dollars.--(a) Except as provided in section |
7 | 1901.4(b), all contracts or purchases in excess of twenty-five |
8 | thousand dollars shall be subject to advertising and competitive |
9 | bidding as provided in this article. |
10 | (b) All services and personal properties required by any |
11 | city, or any department thereof, where the amount exceeds the |
12 | sum of twenty-five thousand dollars shall be furnished and |
13 | performed under written contract, and the contract shall be |
14 | awarded and given to the lowest responsible bidder after |
15 | advertising, in a newspaper, in accordance with the provisions |
16 | of section 109, and the bids shall not be opened until at least |
17 | ten days have elapsed after the advertisement. A copy of the |
18 | advertisement for contracts or purchases shall be posted in the |
19 | city office designated by council. |
20 | Section 1901.2. Contracts or Purchases Not in Excess of |
21 | Twenty-five Thousand Dollars.--With regard to all contracts or |
22 | purchases not in excess of twenty-five thousand dollars the |
23 | following shall apply: |
24 | (1) The purchases or contracts shall be evidenced by note or |
25 | memorandum in writing, signed by the officer or employe making |
26 | the purchase or contract. |
27 | (2) Council, or the officer designated by council, shall |
28 | approve all purchases or contracts, except council need not |
29 | approve those purchases or contracts within the category of |
30 | small or routine purchases or incidental expenses, as defined by |
|
1 | ordinance. |
2 | Section 1901.3. Determining Amount of a Contract.--The |
3 | amount of the contract shall in all cases, whether of straight |
4 | sale price, conditional sale, bailment lease or otherwise, be |
5 | the entire amount which the city pays to the successful bidder |
6 | or his or her or its assigns in order to obtain the services or |
7 | property, or both, and shall not be construed to mean only the |
8 | amount which is paid to acquire title or to receive any other |
9 | particular benefit or benefits of the whole bargain. |
10 | Section 1901.4. Contracts or Purchases Not Requiring |
11 | Advertising or Bidding.--(a) City contracts or purchases, if |
12 | not in excess of twenty-five thousand dollars, shall not require |
13 | advertising or bidding. |
14 | (b) City contracts or purchases involving an expenditure of |
15 | over twenty-five thousand dollars which shall not require |
16 | advertising or bidding are as follows: |
17 | (1) Those for maintenance, repairs or replacements for |
18 | water, electric light or other public works of the city, |
19 | provided they do not constitute new additions, extensions or |
20 | enlargements of existing facilities and equipment, but security |
21 | may be required by council as in other cases of work done. |
22 | (2) Those made for improvements, repairs and maintenance of |
23 | any kind made or provided by any city through its own employes, |
24 | except that this exception shall not apply to construction |
25 | materials used in a street improvement. |
26 | (3) Those where particular types, models or pieces of new |
27 | equipment, articles, apparatus, appliances, vehicles or parts |
28 | thereof desired by council are patented or copyrighted products. |
29 | (4) Those involving any policies of insurance or surety |
30 | company bonds. |
|
1 | (5) Those made for public utility service and electricity, |
2 | natural gas or telecommunication services, provided that, in the |
3 | case of utilities not under tariff with the Pennsylvania Public |
4 | Utility Commission, contracts made without advertising and |
5 | bidding shall be made only after receiving written or telephonic |
6 | price quotations from at least three qualified and responsible |
7 | providers. In lieu of price quotations, a memorandum shall be |
8 | kept on file showing that fewer than three qualified providers |
9 | exist in the market area within which it is practicable to |
10 | obtain quotations. A written record of telephonic price |
11 | quotations shall be made and shall contain at least the date of |
12 | the quotation, the name of the provider and the provider's |
13 | representative, the type of service that was the subject of the |
14 | quotation and the price. Written price quotations, written |
15 | records of telephonic price quotations and memoranda shall be |
16 | retained for a period of three years. |
17 | (6) Those made with another political subdivision or a |
18 | county, the Commonwealth of Pennsylvania, the Federal |
19 | Government, any agency of the Commonwealth or the Federal |
20 | Government or any municipal authority, including the sale, |
21 | leasing or loan of any supplies or materials by the Commonwealth |
22 | or the Federal Government, or their agencies, but the price |
23 | thereof shall not be in excess of that fixed by the |
24 | Commonwealth, the Federal Government or their agencies. |
25 | (7) Those involving personal or professional services. |
26 | (8) Those made during a state of emergency declared by the |
27 | mayor in accordance with section 1203 or those made during a |
28 | disaster emergency declared by the Governor or during a local |
29 | emergency in accordance with 35 Pa.C.S. Pt. V (relating to |
30 | emergency management services). |
|
1 | (9) Those where the purchase is made under and in accordance |
2 | with a cooperative purchasing program operated by the |
3 | Commonwealth or any council of governments of which the city is |
4 | a member. |
5 | Section 1901.5. Receipt, Opening, Award or Rejection of |
6 | Bids.--(a) In any case in which advertisement and bidding are |
7 | required, the advertisement shall specify the time by which and |
8 | place at which bids will be received and the time and place for |
9 | the opening or disclosure of bids. |
10 | (b) Bids received pursuant to advertisement shall be opened |
11 | or disclosed publicly by council or its designated agent. The |
12 | amount of each bid and any other relevant information as may be |
13 | specified by council, together with the name of each bidder, |
14 | shall be disclosed and recorded; and the record shall be open to |
15 | public inspection. |
16 | (c) At a public meeting of council, not more than sixty days |
17 | after the receipt of bids, council shall either award the |
18 | contract or shall reject all bids. |
19 | Section 1901.6. Bid, Performance and Payment Security.--(a) |
20 | The following shall apply to bid security: |
21 | (1) Council may require that bids received pursuant to |
22 | advertisement be accompanied by bid security, in a reasonable |
23 | amount, which shall be in the form of a certified or bank check |
24 | or a bond provided by a surety company authorized to do business |
25 | in this Commonwealth or another form of security as specified in |
26 | the advertisement for bids. |
27 | (2) In the event the successful bidder shall, upon award of |
28 | the contract, fail to comply with the requirements of subsection |
29 | (b) as to performance security, the bid security shall be |
30 | forfeited to the city as liquidated damages. |
|
1 | (b) The following shall apply to performance security: |
2 | (1) In the case of a contract that had been subject to |
3 | advertising and bidding, the successful bidder shall be required |
4 | to furnish performance security in the form of a bond or |
5 | irrevocable letter of credit in an amount equal to one hundred |
6 | per centum of the contract price with suitable reasonable |
7 | requirements guaranteeing the performance of the contract. |
8 | Performance security shall be provided within twenty days after |
9 | the contract has been awarded, unless council prescribes a |
10 | shorter period of not less than ten days. Failure to furnish |
11 | such security within the required time period shall void the |
12 | award. |
13 | (2) The provisions of this subsection requiring successful |
14 | bidders to furnish security shall not be mandatory as to |
15 | contracts for the purchase of motor vehicles or other pieces of |
16 | equipment but only as to those contracts which involve |
17 | furnishing of labor and materials. Council may in all cases of |
18 | contracts or purchases require security for performance, |
19 | delivery or other terms. |
20 | (c) In conformity with the act of December 20, 1967 |
21 | (P.L.869, No.385), known as the "Public Works Contractors' Bond |
22 | Law of 1967," it shall be the duty of every city to require any |
23 | person, partnership, association or corporation entering into a |
24 | contract with such city for the construction, erection, |
25 | installation, completion, alteration, repair of or addition to |
26 | any public work or improvement of any kind whatsoever, where the |
27 | amount of the contract is in excess of ten thousand dollars, |
28 | before commencing work under the contract, to provide payment |
29 | security in a form acceptable to and approved by the city, which |
30 | may include, but need not be limited to, a bond, Federal or |
|
1 | Commonwealth-chartered lending institution irrevocable letters |
2 | of credit and restrictive or escrow accounts in the lending |
3 | institutions, equal to one hundred per centum of the contract |
4 | amount. The payment security shall be solely for the protection |
5 | of claimants supplying labor or materials to the prime |
6 | contractor to whom the contract was awarded, or to any of the |
7 | prime contractor's subcontractors, in the prosecution of the |
8 | work provided for in the contract. The payment security shall be |
9 | conditioned for the prompt payment of all material furnished or |
10 | labor supplied or performed in the prosecution of the work under |
11 | the contract. |
12 | Section 1901.7. Compliance With Other Laws.--Every contract |
13 | subject to this article shall comply, as applicable, with the |
14 | provisions of the act of August 15, 1961 (P.L.987, No.442), |
15 | known as the "Pennsylvania Prevailing Wage Act," the act of |
16 | December 20, 1967 (P.L.869, No.385), known as the "Public Works |
17 | Contractors' Bond Law of 1967," the act of January 23, 1974 |
18 | (P.L.9, No.4), referred to as the Public Contract Bid Withdrawal |
19 | Law, the act of March 3, 1978 (P.L.6, No.3), known as the "Steel |
20 | Products Procurement Act," the act of February 17, 1994 (P.L.73, |
21 | No.7), known as the "Contractor and Subcontractor Payment Act," |
22 | 62 Pa.C.S. Chs. 37 Subch. B (relating to motor vehicles), 39 |
23 | (relating to contracts for public works) and 45 (relating to |
24 | antibid-rigging). |
25 | Section 1901.8. Prohibitions.--No person, consultant, firm |
26 | or corporation contracting with a city for purposes of rendering |
27 | personal or professional services to the city shall share with |
28 | any city officer or employe, and no city officer or employe |
29 | shall accept, any portion of the compensation or fees paid by |
30 | the city for the contracted services provided to the city. |
|
1 | Section 1901.9. Lowest Responsible Bidder.--For purposes of |
2 | this article, the lowest responsible bidder need not be the |
3 | bidder submitting the lowest dollar amount bid. The city may |
4 | also consider the quality of goods or services supplied, ease of |
5 | repair, compatibility with other city equipment or services, |
6 | responsiveness, past performance of the bidder and any other |
7 | reasonable factors specified in the advertisement for bids. |
8 | Section 101. Section 1902 of the act, amended March 25, 1988 |
9 | (P.L.289, No.32), is amended to read: |
10 | Section 1902. Evasion of Advertising Requirements.--No |
11 | [member or members of council] elected or appointed official or |
12 | officials of any city shall evade the provisions of [the |
13 | preceding section as to] this article requiring advertising for |
14 | bids by purchasing or contracting for services and personal |
15 | properties piecemeal for the purpose of obtaining prices under |
16 | [ten] twenty-five thousand dollars, upon transactions which |
17 | should, in the exercise of reasonable discretion and prudence, |
18 | be conducted as one transaction amounting to more than [ten] |
19 | twenty-five thousand dollars. This provision is intended to make |
20 | unlawful the practice of evading advertising requirements by |
21 | making a series of purchases or contracts, each for less than |
22 | the advertising requirement price, or by making several |
23 | simultaneous purchases or contracts, each below said price, |
24 | when, in either case, the transactions involved should have been |
25 | made as one transaction for one price. Any [members of council |
26 | who so vote] elected or appointed official who acts in violation |
27 | of this provision [and who know], knowing that the transaction |
28 | upon which [they so vote] he or she acts is or ought to be a |
29 | part of a larger transaction and that it is being divided in |
30 | order to evade the requirements as to advertising for bids, |
|
1 | shall be jointly and severally subject to surcharge for ten per |
2 | centum of the full amount of the contract or purchase. Wherever |
3 | it shall appear that [a member of council may have voted] an |
4 | elected or appointed official may have acted in violation of |
5 | this section but the purchase or contract on which he [so voted |
6 | was not approved by council] or she acted was not executed, this |
7 | section shall be inapplicable. |
8 | Sections 102. Sections 1904 and 1905 of the act are |
9 | repealed: |
10 | [Section 1904. Reference of Expenditures for Approval by |
11 | Council.--Any expenditures or transactions, exclusive of |
12 | compensation paid to city employes, in any department, office or |
13 | bureau of the city, which may reasonably seem likely to exceed |
14 | the sum of five hundred dollars over a period of sixty days, |
15 | shall not be undertaken or proceeded upon except after reference |
16 | thereof to council and approval by council by ordinance or |
17 | resolution. Council may approve, revise, or refuse to approve |
18 | any such referred expenditure or transaction. No official, agent |
19 | or employe of the city shall knowingly violate the provisions of |
20 | this section, and any person so violating shall forfeit and pay |
21 | to the use of the city a penalty of one hundred dollars for each |
22 | offense. |
23 | Section 1905. Personal Interest in Contracts.--In any case |
24 | where a city officer or official elected or appointed knows or |
25 | by the exercise of reasonable diligence could know that he is |
26 | interested to any appreciable degree, either directly or |
27 | indirectly, in any contract for the sale or furnishing of any |
28 | personal property for the use of the city, or for any services |
29 | to be rendered for such city, involving the expenditure by the |
30 | city of more than three hundred dollars in any year, he shall |
|
1 | notify council thereof; and any such contract shall not be |
2 | passed and approved by council except by an affirmative vote of |
3 | at least four members thereof. In case the interested officer is |
4 | a member of council, he shall refrain from voting upon said |
5 | contract. The provisions of this section shall not apply to |
6 | cases where such officer or official is an employe of the |
7 | person, firm or corporation to which money is to be paid in a |
8 | capacity with no possible influence on the transaction and in |
9 | which he cannot possibly be benefited thereby, either |
10 | financially or in any other material manner. Any officer or |
11 | official who shall knowingly violate the provisions of this |
12 | section shall be liable to the city upon his bond, if any, or |
13 | personally, to the extent of the damage shown to be sustained |
14 | thereby by the city, to ouster from office, and shall be guilty |
15 | of a misdemeanor; and upon conviction thereof, shall be |
16 | sentenced to pay a fine not exceeding five hundred dollars, or |
17 | imprisonment not exceeding one year, or both.] |
18 | Section 103. Section 1906 of the act, amended August 21, |
19 | 1953 (P.L.1292, No.364), is amended to read: |
20 | Section 1906. Designation of Appropriations; Certification |
21 | in Excess of Appropriation; Contracts for Governmental Services |
22 | for More than One Year.--[Every contract involving an |
23 | appropriation of money shall designate the item of appropriation |
24 | on which it is founded, and the estimated amount of the |
25 | expenditure thereunder shall be charged against such item, and |
26 | so certified by the director of accounts and finance on the |
27 | contract before it shall take effect as a contract. The payments |
28 | required by such contract shall be made from the fund |
29 | appropriated therefor. In any case where the lowest responsible |
30 | bid is in excess of the item of appropriation on which the |
|
1 | contract is to be founded, the item of appropriation may be |
2 | increased by council in the amount necessary to cover the bid, |
3 | and the contract may be awarded and certified without any |
4 | additional advertising. If the director of accounts and finance |
5 | shall certify any contract in excess of the appropriation made |
6 | therefor, the city shall not be liable for such excess, but the |
7 | director of accounts and finance shall be liable for the same, |
8 | which may be recovered in an action at law by the contracting |
9 | party aggrieved. But nothing] With regard to any contract, |
10 | council may direct the city administrator, chief fiscal officer, |
11 | or other designated official or employe to furnish information |
12 | concerning the availability of appropriated funds to satisfy |
13 | required payments under the contract. Nothing herein contained |
14 | shall prevent the making of contracts for governmental services |
15 | for a period exceeding one year, but any contract so made shall |
16 | be executory only for the amounts agreed to be paid for such |
17 | services to be rendered in succeeding fiscal years. |
18 | [It shall be the duty of the director of accounts and finance |
19 | to certify contracts for the payment of which sufficient |
20 | appropriations have been made.] |
21 | Section 104. Section 1907 of the act, amended April 3, 1992 |
22 | (P.L.53, No.17), is repealed: |
23 | [Section 1907. Security for the Protection of Labor and |
24 | Materialmen.--It shall be the duty of every city to require any |
25 | person, copartnership, association, or corporation, entering |
26 | into a contract with such city for the construction, erection, |
27 | installation, completion, alteration, repair of, or addition to, |
28 | any public work or improvement of any kind whatsoever, where the |
29 | amount of such contract is in excess of one thousand five |
30 | hundred dollars, before commencing work under such contract, to |
|
1 | execute and deliver to such city, in addition to any other |
2 | security which may now or hereafter be required by law to be |
3 | given in connection with such contract, an additional bond or |
4 | irrevocable letter of credit for the use of any and every |
5 | person, copartnership, association, or corporation interested, |
6 | in a sum not less than fifty per centum and not more than one |
7 | hundred per centum of the contract price, as such city may |
8 | prescribe, conditioned for the prompt payment of all material |
9 | furnished and labor supplied or performed in the prosecution of |
10 | the work, whether or not the said material or labor enter into |
11 | and become component parts of the work or improvement |
12 | contemplated. Such additional security shall be deposited with |
13 | and held by the city for the use of any party interested |
14 | therein. Every such additional security shall provide that every |
15 | person, copartnership, association, or corporation who, whether |
16 | as subcontractor or otherwise, has furnished material or |
17 | supplied or performed labor in the prosecution of the work as |
18 | above provided, and who has not been paid therefor, may sue in |
19 | assumpsit on said additional security, in the name of the city, |
20 | for his, their, or its use and prosecute the same to final |
21 | judgment for such sum or sums as may be justly due him, them, or |
22 | it, and have execution thereof: Provided, however, That the city |
23 | shall not be liable for the payment of any costs or expense of |
24 | any suit. The surety or sureties on a bond under this section |
25 | must be authorized to do business in this Commonwealth.] |
26 | Section 105. Section 1908 of the act is repealed: |
27 | [Section 1908. Purchasing Department.--Each city may, by |
28 | ordinance, provide for the establishment of a purchasing |
29 | department, which shall have supervision over the purchase and |
30 | distribution of all supplies purchased. The said department |
|
1 | shall be attached to the department of accounts and finance or |
2 | such other department as council may determine, and shall be |
3 | operated in accordance with rules and regulations to be adopted |
4 | by council, the rules to include the manner in which quotations |
5 | shall be secured on the supplies purchased. The said department |
6 | shall assist council at all times in eliminating waste and |
7 | extravagance in the purchase and distribution of the supplies of |
8 | the city.] |
9 | Section 106. Section 1908.1 of the act, added December 10, |
10 | 1974 (P.L.815, No.270), is amended to read: |
11 | Section 1908.1. Purchase Contracts for Petroleum Products; |
12 | Fire Company, Etc., Participation.--The council of each city |
13 | shall have power to permit, subject to [such] any terms and |
14 | conditions as [it] the city may impose, [and as hereinafter |
15 | specifically provided, shall, prescribe] any fire company, |
16 | rescue company and ambulance company in the city to participate |
17 | in purchase contracts for petroleum products entered into by the |
18 | city. [Any such company desiring to participate in such purchase |
19 | contracts shall file] Fire company, rescue company and ambulance |
20 | company participation in purchase contracts for petroleum |
21 | products shall be subject to the condition that all prices shall |
22 | be F.O.B. destination. If permitted by council, a fire company, |
23 | rescue company or ambulance company may participate in |
24 | designated petroleum product contracts entered into by the city, |
25 | subject to the fire company, rescue company or ambulance |
26 | company: |
27 | (1) Having filed with the city clerk a request that it be |
28 | authorized to participate in contracts for the purchase of |
29 | petroleum products of the city [and agreeing]. |
30 | (2) Having agreed that it will be bound by [such] any terms |
|
1 | and conditions [as] imposed by the city [may, and as hereinafter |
2 | specifically provided, shall, prescribe and]. |
3 | (3) Having agreed that it will be responsible for payment |
4 | directly to the vendor under each purchase contract. [Among such |
5 | terms and conditions, the city shall prescribe that all prices |
6 | shall be F.O.B. destination.] |
7 | Section 107. Section 1909 of the act, amended March 25, 1988 |
8 | (P.L.289, No.32), is amended to read: |
9 | Section 1909. Separate Bids for Plumbing, Heating, |
10 | Ventilating and Electrical Work, Elevators and [Moving Stairs] |
11 | Escalators.--In the preparation of specifications for the |
12 | erection, construction, and alteration of any public building, |
13 | when the entire cost of such work shall exceed [ten] twenty-five |
14 | thousand dollars, the architect, engineer, or other person |
15 | preparing such specifications[,] shall prepare only the |
16 | following separate specifications[;]: (1) plumbing, (2) heating, |
17 | (3) ventilating, (4) electrical work, (5) elevators and [moving |
18 | stairs] escalators, and (6) one complete set of specifications |
19 | for all the other work to be done in such erection, construction |
20 | and alteration. The project manager, construction manager or |
21 | other person or persons authorized by council to enter into |
22 | contracts for the erection, construction, or alteration of such |
23 | public buildings shall receive separate bids upon each of the |
24 | [said] branches of work, and the city council or the appropriate |
25 | city officer shall award the contract for the same to the lowest |
26 | responsible bidder for each of [said] the branches, including |
27 | the balance of the work, in addition to the plumbing, heating, |
28 | ventilating and electrical work and elevators and [moving |
29 | stairs] escalators. Where it is desired to install an air |
30 | conditioning unit, the heating and ventilating so involved may |
|
1 | be regarded as one branch of work having only one set of |
2 | specifications, and bids may be received and a contract awarded |
3 | thereon as hereinbefore provided. |
4 | Section 108. Sections 1910, 1911 and 1912 of the act are |
5 | amended to read: |
6 | Section 1910. Acceptance by Contractor of [Workmen's] |
7 | Workers' Compensation Act.--[All contracts executed by any city, |
8 | or any officer or bureau or board thereof, which involve the |
9 | construction or doing of any work involving the employment of |
10 | labor, shall contain a provision that the contractor shall |
11 | accept, in so far as the work covered by any such contract is |
12 | concerned, the provisions of the Workmen's Compensation Act and |
13 | any reenactments, supplements or amendments thereto, and that |
14 | the said contractor will insure his liability thereunder, or |
15 | file with the city with whom the contract is made a certificate |
16 | of exemption from insurance from the Department of Labor and |
17 | Industry of this Commonwealth. |
18 | Every officer of any city, or bureau or department thereof, |
19 | who shall sign, on behalf of the said city, any contract |
20 | requiring in its performance the employment of labor, shall |
21 | require, before the said contract shall be signed, proof that |
22 | the said contractor with whom the contract is made shall have |
23 | accepted the Workmen's Compensation Act and any reenactments, |
24 | supplements or amendments thereto, and proof that the said |
25 | contractor has insured his liability thereunder in accordance |
26 | with the terms of the said act, or that the said contractor has |
27 | had issued to him a certificate of exemption from insurance from |
28 | the Department of Labor and Industry of this Commonwealth. |
29 | Any contract executed in violation of the provisions of this |
30 | section shall be null and void.] |
|
1 | (a) All contracts executed by any city which involve the |
2 | construction or performance of any work involving the employment |
3 | of labor shall contain a provision that the contractor shall |
4 | accept, and file with the city proof of compliance with or |
5 | exemption from, insofar as the work covered by the contract is |
6 | concerned, the act of June 2, 1915 (P.L.736, No.338), known as |
7 | the "Workers' Compensation Act." |
8 | (b) A certificate of exemption from issuance may be issued |
9 | on the basis of either individual self-insurance or group self- |
10 | insurance. |
11 | (c) A contractor shall file with the city any proof that the |
12 | Department of Labor and Industry, with respect to certain |
13 | employes, has accepted the application to be excepted from the |
14 | provisions of the "Workers' Compensation Act" on religious |
15 | grounds. |
16 | (d) Any contract executed in violation of this section is |
17 | void. |
18 | Section 1911. Contracts for Improvements; Assignment of |
19 | Assessments.--Where the whole or any part of the cost of an |
20 | improvement is to be paid by assessments upon the property |
21 | abutting or benefited, the city may enter into an agreement with |
22 | the contractor [that he], pursuant to which the contractor shall |
23 | take an assignment of [such] the assessments in payment of the |
24 | amount due [him] under the terms of [his] the contract, and, in |
25 | such case, the city shall not be otherwise liable under such |
26 | contract[, whether said assessments are collectible or not]. |
27 | Section 1912. Architects and Engineers in Employ of City; |
28 | Prohibitions from Bidding on Public Works; Penalty.--(a) It |
29 | shall be unlawful for any architect or engineer[,] in the employ |
30 | of any city[,] to bid on any public work of the city. |
|
1 | (b) It shall be unlawful for the officers of any city, |
2 | charged with the duty of letting any public work, to award a |
3 | contract to any [such] architect or engineer[,] in the employ of |
4 | the city. |
5 | (c) Any person or persons violating these provisions, or any |
6 | of them, shall be guilty of a misdemeanor[,] and, on conviction |
7 | thereof, shall [forfeit his] be subject to forfeiting his or her |
8 | office, in accordance with section 901, and be sentenced to pay |
9 | a fine not exceeding five hundred dollars, or to undergo |
10 | imprisonment for not less than six months, or both, in the |
11 | discretion of the court. Any contract made in violation of the |
12 | provisions of this section shall be null and void. |
13 | (d) The provisions of this section shall be in addition to |
14 | any prohibition in 65 Pa.C.S. Ch. 11 (relating to ethics |
15 | standards and financial disclosure). |
16 | Section 109. Sections 1913, 1914 and 1915 of the act are |
17 | repealed: |
18 | [Section 1913. Contracts With Transportation Companies.-- |
19 | Subject to the provisions of the Public Utility Law, any city, |
20 | of the one part, and any person operating a public |
21 | transportation service within the limits of such city, of the |
22 | other part, may enter into contracts with each other affecting, |
23 | fixing, and regulating the franchises, powers, duties, and |
24 | liabilities of such companies, and the regulations and |
25 | respective rights of the contracting parties. Such contracts |
26 | may, inter alia, provide for payments by the companies to the |
27 | city in lieu of the performance of certain duties or the payment |
28 | of license fees or charges imposed in favor of such city, by the |
29 | charters of the respective companies, or by any general law or |
30 | ordinance, for the appointment by the city of a certain number |
|
1 | of persons to act as directors of such company, in conjunction |
2 | with the directors elected by the stockholders of such company, |
3 | and, further, may provide for the ultimate acquisition by the |
4 | city, upon terms mutually satisfactory, of the leaseholds, |
5 | property, and franchises of the contracting companies. |
6 | Section 1914. Contracts for Relocation of Railroads.-- |
7 | Subject to the provisions of the Public Utility Law, any city |
8 | may enter into contracts with any of the railroad companies, |
9 | whose roads enter its limits, whereby the said railroad |
10 | companies may relocate, change or elevate their railroads within |
11 | said limits, in such manner as, in the judgment of the proper |
12 | authorities of such city, may be best adapted to secure the |
13 | safety of lives and property, and promote the interest of said |
14 | city; and, for that purpose, may do all such acts as may be |
15 | necessary and proper to effectually carry out such contracts. |
16 | Any such contracts, made by any railroad company or companies as |
17 | aforesaid with any city, are hereby fully ratified and |
18 | confirmed. Nothing herein contained shall affect any contract |
19 | made, or hereafter to be made, with any railroad company, from |
20 | apportioning the expenses of altering and adjusting the grades |
21 | of existing railroads and intersecting streets in any city so as |
22 | to dispense with grade crossings. |
23 | Section 1915. Contracts with Street Railways for Exclusive |
24 | Right to Lay Tracks.--In case any city shall deem it necessary |
25 | for the public benefit and convenience to secure the removal of |
26 | any street railway tracks already laid, or prevent the laying of |
27 | such tracks already authorized to be laid, or to change the |
28 | route of any street railway on any street or streets, or portion |
29 | of a street or streets, within its corporate limits, and such |
30 | purpose or purposes can be accomplished by agreement with the |
|
1 | street railway company or motor power company owning, leasing or |
2 | operating such tracks, the said parties may, subject to the |
3 | provisions of the Public Utility Law, enter into a contract, for |
4 | a period not exceeding fifty years, for such considerations and |
5 | upon such terms and conditions, and containing such |
6 | stipulations, reservations and covenants as may be agreed upon |
7 | between the respective parties thereto; and such contract may |
8 | include a covenant providing that, during the continuance |
9 | thereof, municipal consent shall not be granted to any other |
10 | company to use or occupy the street, streets, or portions of a |
11 | street or streets, covered by such contract, for street railway |
12 | or passenger transportation purposes; which covenants shall be |
13 | enforceable by bill in equity against such city, in case of |
14 | attempted breach thereof; and such contract may also provide for |
15 | the laying or relaying of such tracks upon such terms and under |
16 | such contingencies and conditions as may be agreed upon. When |
17 | such contract shall have been made, it shall form a part of the |
18 | charter of the company, with like force and effect as to all its |
19 | terms, conditions, stipulations, restrictions, covenants, and |
20 | provisions as to change of routes as if the same formed a part |
21 | of the original charter of such company; and no removal of |
22 | tracks already laid, or postponement of or delay in the time of |
23 | beginning or completing the work of laying tracks already |
24 | authorized to be laid, and no change of route therein provided |
25 | for, shall operate or be construed to deprive or divest any such |
26 | company, entering into such contract, of any of the rights, |
27 | franchises, or privileges possessed by it at the time of |
28 | entering into such contract, so as to operate in favor of any |
29 | company subsequently formed and seeking to occupy, for street |
30 | railway purposes, the street, streets, or portions of a street |
|
1 | or streets, covered by such contract. Nothing in this section |
2 | contained, nor any contract made in pursuance thereof, shall be |
3 | construed to limit or affect in any way, or impose any |
4 | additional liability for the exercise of, the right of a |
5 | railroad company to lay its tracks, over, upon, under, and |
6 | across such street or streets, or portions thereof.] |
7 | Section 110. The act is amended by adding a section to read: |
8 | Section 1916. Contracts with Passenger or Transportation |
9 | Companies.--Except as may be prohibited by 66 Pa.C.S. Pt. I |
10 | (relating to public utility code) or Federal or other state |
11 | regulation of transportation or commerce, a city may, as it |
12 | deems necessary for the public benefit and convenience, contract |
13 | with a person or persons owning a public transportation service, |
14 | railroad company, street railway, motor power company, or |
15 | passenger or transportation company. |
16 | Section 111. Section 1917 of the act, amended July 11, 1996 |
17 | (P.L.647, No.109), is amended to read: |
18 | Section 1917. Sales of Real and Personal Property.--[No city |
19 | personal property shall be disposed of by sale or otherwise |
20 | except upon approval of council by ordinance or resolution. In |
21 | cases where council shall approve a sale of city personal |
22 | property, it shall estimate the sale value of the entire lot to |
23 | be disposed of. If council shall estimate such sale value to be |
24 | less than one thousand dollars, it shall require a notice of the |
25 | proposed sale to be posted for at least ten days on the bulletin |
26 | board in the city hall, describing and itemizing the property to |
27 | be sold and directing that bids may be made thereon at the |
28 | office of the city clerk. Thereafter, council may sell such |
29 | property, in whole or in part, for the best price or prices |
30 | obtainable. If council shall estimate the sale value to be one |
|
1 | thousand dollars or more, the entire lot shall be advertised for |
2 | sale once in at least one newspaper, in accordance with the |
3 | provisions of section one hundred nine of this act, and sale of |
4 | the property so advertised shall be made to the best responsible |
5 | bidder; and the bids shall not be opened until at least ten days |
6 | after the said advertisement. Council may sell any such property |
7 | at auction, but the provisions as to notice contained in this |
8 | section shall be likewise observed as to the holding of such |
9 | auction sales. The provisions of this section shall not be |
10 | mandatory where city personal property is to be traded-in or |
11 | exchanged for new city personal property.] Sales of real and |
12 | personal property shall be conducted in conformance with section |
13 | 2402.1(b). |
14 | Section 112. Section 1918 of the act, amended October 17, |
15 | 1974 (P.L.775, No.254), is repealed: |
16 | [Section 1918. Street Construction and Improvement by City |
17 | Employes.--Whenever a city uses the work or services of its |
18 | employes in the construction or improvement, of any public |
19 | street within the territorial limits, it shall be subject to the |
20 | limitations and duties imposed by this article in the purchase |
21 | of any materials for such construction or improvement. The |
22 | provisions of this section shall not be construed to affect or |
23 | limit the provisions of Article XXIX of this act.] |
24 | Section 113. Section 1919 of the act, amended July 1, 1994 |
25 | (P.L.373, No.55), is amended to read: |
26 | Section 1919. [Sales] Sale of Real and Personal Property to |
27 | Certain Entities.--Any [provision of this act requiring |
28 | advertising for bids and sale to the highest bidder] requirement |
29 | for advertising for bids and sale to the highest bidder imposed |
30 | by this act or by a city pursuant to section 2402.1(b) shall not |
|
1 | apply where city real or personal property is to be sold to a |
2 | county, city, borough, town, township, home rule municipality, |
3 | institution district, school district, volunteer fire company, |
4 | volunteer ambulance service or volunteer rescue squad located |
5 | within the city, or municipal authority [pursuant to the] |
6 | created under 53 Pa.C.S. Ch.56 (relating to municipal |
7 | authorities) or under the former act of May 2, 1945 (P.L.382, |
8 | No.164), known as the "Municipality Authorities Act of 1945," a |
9 | housing authority created pursuant to the act of May 28, 1937 |
10 | (P.L.955, No.265), known as the "Housing Authorities Law," an |
11 | urban redevelopment authority created pursuant to the former act |
12 | of May 24, 1945 (P.L.991, No.385), known as the "Urban |
13 | Redevelopment Law," a parking authority [pursuant to the] |
14 | created under 53 Pa.C.S. Ch. 55 (relating to parking |
15 | authorities) or under the former act of June 5, 1947 (P.L.458, |
16 | No.208), known as the "Parking Authority Law," a port authority |
17 | pursuant to the act of December 6, 1972 (P.L.1392, No.298), |
18 | known as the "Third Class City Port Authority Act," or a |
19 | corporation not for profit [engaged in community industrial |
20 | development. Any provision of this act requiring advertising for |
21 | bids and sale to the highest bidder shall not apply where real |
22 | property is to be sold to a corporation not for profit] |
23 | organized as a public library for its exclusive use as a |
24 | library, [to] a medical service corporation not for profit, [to] |
25 | a corporation not for profit engaged in community industrial |
26 | development, a housing corporation not for profit, [to] the |
27 | Commonwealth or [to] the Federal Government or a nonprofit |
28 | museum or historical society for its exclusive use as a |
29 | nonprofit museum or historical society. When real or personal |
30 | property is to be sold [to a corporation not for profit |
|
1 | organized as a public library for its exclusive use as a library |
2 | or to a medical service corporation not for profit or to a |
3 | housing corporation not for profit] pursuant to this section, |
4 | council may elect to accept a nominal consideration for the sale |
5 | as it shall deem appropriate. Real property sold pursuant to |
6 | this section shall be subject to the condition that when the |
7 | property is not used for the purposes of the conveyance, the |
8 | property shall revert to the city. |
9 | Section 114. Article XX heading of the act is amended to |
10 | read: |
11 | ARTICLE XX |
12 | POLICE [BUREAU] FORCE |
13 | Section 115. Sections 2001 and 2002 of the act, amended |
14 | December 27, 1967 (P.L.893, No.403), are amended to read: |
15 | Section 2001. Appointment, Number, Rank, Compensation and |
16 | Qualifications of [Policemen] Police Officers.--(a) The council |
17 | shall fix, by ordinance, the number, grades and compensation of |
18 | the members of the city police force, who shall, except as |
19 | provided in section 2002, be appointed in accordance with the |
20 | civil service provisions of this act[, and no]. |
21 | (b) No member of the city police force having been promoted |
22 | in conformity with the civil service provisions of this act |
23 | shall be demoted in rank or discharged from the police force |
24 | except upon proper cause shown as set forth under the civil |
25 | service provisions of this act. |
26 | (c) No [policeman shall] police officer, after his or her |
27 | appointment and qualification, shall hold at the same time the |
28 | office of constable. |
29 | (d) Council shall [prescribe all necessary] promulgate rules |
30 | and regulations for the organization and government of the |
|
1 | police force. [The minimum annual starting salary or |
2 | compensation to be paid the members of the police force by any |
3 | city shall be four thousand five hundred dollars ($4,500), with |
4 | minimum annual increments of three hundred dollars ($300) for |
5 | the first three years of such employment. If the annual salary |
6 | or compensation of any policeman employed by the city on the |
7 | effective date of this amending act is less than four thousand |
8 | five hundred dollars ($4,500), such salary or compensation shall |
9 | be increased to four thousand five hundred dollars ($4,500), and |
10 | such policeman shall receive minimum annual increments of three |
11 | hundred dollars ($300) for the next three years of such |
12 | employment.] |
13 | Section 2002. Designation of Chief and Other Officers.--The |
14 | [mayor shall designate, from the force, the chief and other |
15 | officers who shall serve as such officers until their successors |
16 | are appointed and qualified. The chief of police shall be |
17 | designated by the mayor and may be demoted without cause in the |
18 | same manner, but not to any rank lower than the rank which he |
19 | held at the time of his designation as chief of police.] chief |
20 | of police, or any deputy police chief, shall be designated by |
21 | the mayor from within or without the ranks, each of whom may be |
22 | demoted without cause in the same manner, but not to any rank |
23 | lower than the rank which was held at the time of his or her |
24 | designation as chief of police or deputy police chief, if these |
25 | officers were employes of the police force before their |
26 | employment as police chief or deputy police chief. The officers, |
27 | other than the chief of police or deputy police chief, shall be |
28 | designated in accordance with Article XLIV. |
29 | Section 116. Sections 2003, 2005, 2006, 2007, 2008 and 2009 |
30 | of the act are amended to read: |
|
1 | Section 2003. Extra [Policemen] Police Officers; |
2 | Compensation.--[The mayor, whenever, in his judgment] Whenever |
3 | in the judgment of the mayor it is necessary for the public |
4 | safety or to preserve order, the mayor may appoint extra |
5 | [policemen] police officers to serve for such period as the |
6 | council may designate, not exceeding thirty days, whose |
7 | compensation shall be fixed by council. |
8 | Section 2005. Powers of [Policemen] Police Officers to |
9 | Arrest.--[Policemen] Police officers shall be ex-officio |
10 | constables of the city, and shall and may[, within the city or] |
11 | enforce the laws of this Commonwealth or otherwise perform the |
12 | functions of their office in accordance with 42 Pa.C.S. §§ 8952 |
13 | (relating to primary municipal police jurisdiction) and 8953 |
14 | (relating to statewide municipal police jurisdiction) and upon |
15 | property owned or controlled by the city or by a [municipality] |
16 | municipal authority [of] created by the city [within the |
17 | Commonwealth], without warrant and upon view, arrest and commit |
18 | for hearing any and all persons guilty of breach of the peace, |
19 | vagrancy, riotous or disorderly conduct or drunkenness, or who |
20 | may be engaged in the commission of any unlawful act tending to |
21 | imperil the personal security or endanger the property of the |
22 | citizens, or violating any of the ordinances of [said] the city |
23 | for the violation of which a fine or penalty is imposed. |
24 | Section 2006. Service of Process; Fees; Payment into |
25 | Treasury.--[Policemen] Police officers shall have authority to |
26 | serve and to execute [within the city or upon property owned or |
27 | controlled by the city or by a municipality authority of the |
28 | city within the Commonwealth all] criminal process or processes |
29 | issued for the violation of city ordinances [which may be issued |
30 | by the mayor or any alderman,] and shall charge the same fees |
|
1 | and costs as pertain by law to the constables of the city for |
2 | similar services, but the [said] fees and costs shall be |
3 | [received and collected by the mayor or alderman, and by him] |
4 | paid into the city treasury monthly as herein provided. |
5 | Section 2007. Supervision by Mayor.--[Policemen] The chief |
6 | of police shall obey the orders of the mayor and make report to |
7 | him or her, which report shall be [laid by him before council |
8 | monthly] presented monthly by the mayor to council. [The mayor |
9 | shall exercise a constant supervision and control over their |
10 | conduct.] |
11 | Section 2008. Extra Compensation Prohibited; Exception; |
12 | Penalty.--No [policeman] police officer shall ask, demand or |
13 | receive any compensation or reward whatsoever for his or her |
14 | services other than that provided by ordinance, except rewards |
15 | offered for the arrest of persons accused of crime committed |
16 | outside of the city in which [they hold office, and witness fees |
17 | and mileage as provided by law for their appearance in any court |
18 | of record] such officer is employed. Any [policeman] police |
19 | officer violating any of the provisions of this section shall be |
20 | guilty of a misdemeanor [in office, and, upon conviction, shall |
21 | be sentenced to pay a fine not exceeding fifty dollars, or |
22 | undergo imprisonment not exceeding thirty days, or both, at the |
23 | discretion of the court,] of the third degree and upon |
24 | conviction shall be sentenced to pay a fine or undergo |
25 | imprisonment, or both, at the discretion of the court to be |
26 | followed by dismissal from office. |
27 | Section 2009. Compensation or Insurance for Volunteer |
28 | [Policemen] Police Officer.--Each city may make necessary |
29 | appropriations to provide compensation or insurance for |
30 | volunteer [policemen] police officers injured or killed while |
|
1 | engaged in the performance of such duties as may be assigned to |
2 | them in the city. |
3 | Section 117. Section 2010 of the act, amended April 6, 1998 |
4 | (P.L.236, No.44), is amended to read: |
5 | Section 2010. School Crossing Guards.--(a) Upon request of |
6 | the board of school directors of the school district in which a |
7 | city is located, the city council may appoint school crossing |
8 | guards who shall have the duty of controlling and directing |
9 | traffic at or near schools [and who shall be in suitable and |
10 | distinctive uniform. School crossing guards shall be authorized |
11 | only in the management of traffic and pedestrians in and around |
12 | areas identified by the city police department and the school |
13 | district superintendent]. They shall serve at the pleasure of |
14 | the city council, except as noted in subsection (b)[, and shall |
15 | not come within the civil service provisions of this act and |
16 | shall not be entitled to participate in any city pension plan or |
17 | plans now in effect or hereafter effective]. The compensation of |
18 | the school crossing guards, if any, shall be fixed by the city |
19 | council and shall be jointly paid by the city council and the |
20 | board of school directors, in a ratio to be determined by the |
21 | city council and board of school directors. If the city council |
22 | and board of school directors are unable to determine the ratio |
23 | of compensation of the school crossing guards to be paid by the |
24 | council and the board, each shall pay one-half of the |
25 | compensation of [such police. Auxiliary policemen, appointed as |
26 | prescribed by general law, may be designated to serve as school |
27 | crossing guards] the school crossing guards. |
28 | (b) A city council may [approve] enact an ordinance allowing |
29 | a board of school directors to assume the hiring and oversight |
30 | of the school crossing guards. Before city council may [approve] |
|
1 | enact such an ordinance, the board of directors of the school |
2 | district shall [approve] adopt a resolution requesting the |
3 | authority to assume the hiring and oversight of the school |
4 | crossing guards. The ordinance enacted by council shall outline |
5 | how the city police department will provide any necessary |
6 | training and assistance of the school crossing guards while on |
7 | duty. [Such school crossing guards will be authorized only in |
8 | the management of traffic and pedestrians in and around areas |
9 | identified by the city police department and the school district |
10 | superintendent or his or her designee. The school crossing |
11 | guards shall not come within the civil service provision of this |
12 | act, nor shall they] School crossing guards shall not fall under |
13 | the bargaining unit of the school district nor be classified as |
14 | an employe as defined under section 1101-A of the act of March |
15 | 10, 1949 (P.L.30, No.14), known as the "Public School Code of |
16 | 1949," or under any benefits as provided under the "Public |
17 | School Code of 1949[,]." [or under any plans hereafter |
18 | effective. Once] After the ordinance [receives] is enacted by |
19 | city council [approval], the school district shall assume the |
20 | cost of compensation, including fixing such compensation, if |
21 | any, of the school crossing guards. [Auxiliary policemen, |
22 | appointed as prescribed by general law, may be hired by the |
23 | school district to serve as school crossing guards.] The board |
24 | of school directors shall notify the city council, mayor and |
25 | police chief or commissioner of those hired to serve as school |
26 | crossing guards and request the necessary training or assistance |
27 | be provided as outlined by the ordinance. |
28 | (c) Whether the city council appoints school crossing guards |
29 | upon the request of the board of school directors or whether the |
30 | city council enacts an ordinance allowing a board of school |
|
1 | directors to assume the hiring and oversight of the school |
2 | crossing guards, the following shall apply to school crossing |
3 | guards: |
4 | (1) Their duties and authority shall be restricted to the |
5 | management of traffic and pedestrians in and around areas |
6 | identified by the city police force and the school district |
7 | superintendent or his or her designee. |
8 | (2) They shall be in suitable and distinctive uniform while |
9 | performing their duties as school crossing guards. |
10 | (3) They shall not come within the civil service provisions |
11 | of this act. |
12 | (4) They shall not be entitled to participate in any city or |
13 | school district pension or benefit plan or plans now in effect |
14 | or hereafter effective. |
15 | (5) Auxiliary police officers, appointed as prescribed by |
16 | general law, may be designated by city council or hired by the |
17 | school district, as applicable, to serve as school crossing |
18 | guards. |
19 | Section 118. Article XXI heading of the act is reenacted to |
20 | read: |
21 | ARTICLE XXI |
22 | FIRE BUREAU |
23 | Section 119. Section 2101 of the act is amended to read: |
24 | Section 2101. Organization of Fire Bureau; Maintenance; |
25 | Apparatus.--[Each city may organize a fire bureau, with or |
26 | without pay, make] With regard to a city fire bureau, council |
27 | shall have the authority to: |
28 | (1) by ordinance, establish and organize a fire bureau; |
29 | (2) make appropriations for the maintenance of the same[, |
30 | prescribe]; |
|
1 | (3) promulgate rules and regulations for the government of |
2 | the officers and companies belonging thereto[,]; and |
3 | (4) purchase equipment and apparatus for the extinguishment, |
4 | prevention and investigation of fires and for the public safety. |
5 | Section 120. Section 2101.1 of the act, added July 1, 1994 |
6 | (P.L.373, No.55), is amended to read: |
7 | Section 2101.1. Appointment and Demotion of Fire Chief and |
8 | Deputy Fire Chief.--The mayor, by and with approval and consent |
9 | of council, shall appoint the fire chief and any deputy fire |
10 | chief, each of whom may be demoted without cause in the same |
11 | manner but not to any rank lower than the rank which he or she |
12 | held at the time of his or her designation as fire chief or |
13 | deputy fire chief if these officers were employes of the fire |
14 | bureau before their employment as fire chief or deputy fire |
15 | chief. |
16 | Section 121. Section 2102 of the act, amended November 9, |
17 | 1965 (P.L.670, No.328), is amended to read: |
18 | Section 2102. Paid Bureau; Election of Officers and |
19 | Companies.--When a paid fire bureau is organized by any city, |
20 | the council, except as provided by section 2101.1, may provide, |
21 | by ordinance, for the election or appointment of the officers |
22 | and companies belonging thereto, in accordance with civil |
23 | service provisions where applicable. The minimum annual starting |
24 | salary or compensation to be paid the officers and [firemen] |
25 | firefighters by any city shall be [four thousand five hundred |
26 | dollars ($4,500), with minimum annual increments of three |
27 | hundred dollars ($300) for the first three years of such |
28 | employment. If the annual salary or compensation of any fireman |
29 | employed by the city on the effective date of this amending act |
30 | is less than four thousand five hundred dollars ($4,500), such |
|
1 | salary or compensation shall be increased to four thousand five |
2 | hundred dollars ($4,500), and such fireman shall receive minimum |
3 | annual increments of three hundred dollars ($300) for the next |
4 | three years of such employment] established by the city council. |
5 | Section 122. Section 2103 of the act, amended July 19, 1957 |
6 | (P.L.1012, No.448), is amended to read: |
7 | Section 2103. Platoon System; Hours of Service; Vacation; |
8 | Sick Leave.--The director of the department having charge of the |
9 | fire bureau in [each city shall] a city may divide the officers |
10 | and members of companies of the uniformed fire force in the |
11 | employ of [such cities] the city, and any other [firemen] |
12 | firefighters and drivers regularly employed and paid by the |
13 | city, excepting the chief engineer and assistant chiefs, and |
14 | those employed subject to call, into [two] shifts, bodies or |
15 | platoons to perform service during such hours as the director |
16 | shall fix[, except as herein otherwise provided. The hours of |
17 | day service shall not exceed ten, commencing at eight o'clock in |
18 | the morning; the hours of night service shall not exceed |
19 | fourteen, commencing at six o'clock in the afternoon; and the |
20 | hours of day service shall not exceed fifty hours in any one |
21 | calendar week, and the hours of night service shall not exceed |
22 | seventy hours in any one calendar week, unless the hours of day |
23 | and night service shall be equalized, in which case neither the |
24 | hours of day or night service shall exceed fifty-six in any one |
25 | calendar week: Provided, That for the duration of any war in |
26 | which the United States is engaged, and six months thereafter, |
27 | the hours of service may exceed the number hereinbefore provided |
28 | as the maximum number of hours of service, and in such cases, |
29 | council shall provide for the payment of extra compensation for |
30 | any hours of service, at the same rate as paid for regular |
|
1 | service in excess of such maximum hours of service. The employes |
2 | of such fire forces shall be allowed to have at least twenty- |
3 | four consecutive hours of rest in every calendar week, to have |
4 | an annual vacation of not less than fourteen working days, and |
5 | shall be entitled to twenty-one days sick leave annually without |
6 | diminution of the salary or compensation fixed by ordinance. In |
7 | those instances in which sick leave exceeds four days at any one |
8 | time, it shall be necessary for the employe to present evidence |
9 | satisfactory to the director of the department showing either |
10 | injury, hospitalization, or illness attended to by a physician]. |
11 | In cases of riot, serious conflagration, times of war, public |
12 | celebrations, or other such emergency, the [chief engineer of |
13 | the bureau of fire, or the assistant chief deputy, or chief] |
14 | fire chief or officer in charge at any fire shall have the power |
15 | to assign all the members of the fire force to continuous |
16 | duty[,] or to continue any member thereof on duty, if necessary. |
17 | [No member of any of said shifts, bodies or platoons shall be |
18 | required to perform continuous day service or continuous night |
19 | service for a longer consecutive period than two weeks, nor be |
20 | kept on duty continuously longer than ten hours in the day |
21 | shifts, bodies or platoons or fourteen hours in the night |
22 | shifts, bodies or platoons, excepting as may be necessary to |
23 | equalize the hours of duty and service, and also excepting in |
24 | cases of emergency, as above provided.] |
25 | Section 123. Sections 2104, 2105, 2106, 2107 and 2108 of the |
26 | act are amended to read: |
27 | Section 2104. Fire Marshal; Powers.--Every city may, by |
28 | ordinance, provide for the creation of the office of fire |
29 | marshal who shall be appointed by the mayor, by and with the |
30 | approval and consent of council, biennially. The fire marshal |
|
1 | and [his] any authorized assistants[, if council shall provide |
2 | for such assistants,] shall inspect all constructions or |
3 | buildings within the city or upon property owned or controlled |
4 | by the city or a [municipality] municipal authority of the city |
5 | within the Commonwealth[, whether public, private, or business,] |
6 | and shall enforce all laws of the Commonwealth and ordinances of |
7 | the city relating to such constructions or buildings, for the |
8 | prevention, containment, or investigation of fire and |
9 | firehazards, both as to the constructions or buildings and as to |
10 | the contents or occupancies thereof. The fire marshal or his or |
11 | her assistants shall report to the director of public safety or |
12 | to council or other designated official, as council shall by |
13 | ordinance provide, any faulty or dangerous construction or |
14 | building or like condition in any building[,] that may |
15 | constitute a fire hazard[,] or any proposed use or occupation of |
16 | any construction, building or premises[,] which would create or |
17 | increase a hazard of fire. [He] The fire marshall shall |
18 | investigate and keep a permanent record of the cause, origin and |
19 | circumstances of every fire and the damage resulting therefrom |
20 | occurring within his or her jurisdiction immediately after the |
21 | occurrence of [such] the fire. The [said] records of the fire |
22 | marshal shall be open to public inspection[.] except records |
23 | relating to or resulting in a criminal investigation or |
24 | otherwise excepted from a public record pursuant to the act of |
25 | February 14, 2008 (P.L.6, No.3), known as the "Right-to-Know |
26 | Law." The fire marshal shall submit to council an annual report |
27 | consolidating the information contained in [said records at the |
28 | first stated meeting in March of each year] the records as |
29 | directed by council. [He shall request the mayor or any alderman |
30 | of the city to investigate, under the act, approved the |
|
1 | seventeenth day of April, one thousand eight hundred sixty-nine |
2 | (Pamphlet Laws 74), the origin of any fire he deems suspicious; |
3 | and shall be equally subject to appointment and removal and to |
4 | all the powers and duties under the act, approved the twenty- |
5 | seventh day of April, one thousand nine hundred twenty-seven |
6 | (Pamphlet Laws 450, Number 291), as amended, as is the chief of |
7 | the fire department] If the fire is deemed suspicious, the fire |
8 | marshal shall have the authority to investigate the same. |
9 | Section 2105. Obstructing Fire Marshal; Fine.--It shall be |
10 | unlawful for any person to obstruct or prevent or attempt to |
11 | obstruct or prevent the fire marshal in the discharge of his or |
12 | her duties. Council may, by ordinance, establish the types or |
13 | grades of such criminal conduct[,] and may establish fines[,] or |
14 | imprisonment [in default of payment thereof,] or both for such |
15 | violations. No fine so ordained shall exceed [three hundred] one |
16 | thousand dollars for any single violation, and no imprisonment |
17 | [in default of payment of such a fine] shall exceed ninety days. |
18 | Section 2106. Investigation of Cause of Fire; Power of the |
19 | Mayor.--The mayor of any city may, whenever in his or her |
20 | judgment the occasion demands it, issue a subpoena, in the name |
21 | of the Commonwealth of Pennsylvania, to any person or persons |
22 | requiring [them to attend] the attendance of the person or |
23 | persons before [him] the mayor or the fire marshal at [such] the |
24 | time and place as may be named in [said] the subpoena, then and |
25 | there to testify, under oath or affirmation, which the fire |
26 | marshal in the absence of the mayor is hereby empowered to |
27 | administer, as to the origin of any fire occurring within the |
28 | bounds of such city[,] and also as to any facts or circumstances |
29 | that may be deemed important to secure the detection and |
30 | conviction of any party or parties guilty of the offense of |
|
1 | arson or attempted arson. |
2 | Section 2107. Fire Chief Ex-officio Fire Marshal.--The fire |
3 | chief of any city shall be ex-officio fire marshal thereof in |
4 | any city wherein the office is not separately filled [by |
5 | council] pursuant to ordinance, and in [such] that case all the |
6 | powers and duties herein given to or imposed upon [such] the |
7 | fire marshal shall be enjoyed and exercised by [such] the fire |
8 | chief [of the fire department]. |
9 | Section 2108. Compensation Insurance for Injured Volunteer |
10 | [Firemen] Firefighters or Special Fire Police.--Each city may |
11 | make [such] appropriations as may be necessary to secure |
12 | insurance or compensation for volunteer [firemen] firefighters |
13 | killed or injured while engaged in the performance of their |
14 | duties or as special fire police. |
15 | Section 124. Section 2109 of the act, added June 16, 1993 |
16 | (P.L.97, No.21), is amended to read: |
17 | Section 2109. Salary of Nonunion City Fire Officers.--[Any] |
18 | A fire chief or head of a fire department of a city who has been |
19 | removed from bargaining units under the act of June 24, 1968 |
20 | (P.L.237, No.111), referred to as the Policemen and Firemen |
21 | Collective Bargaining Act, by rulings of the Pennsylvania Labor |
22 | Relations Board shall receive not less than the same dollar |
23 | increase, including fringe benefits but excluding overtime and |
24 | festive holiday pay, as received by the highest-ranking fire |
25 | officer participating in the bargaining unit. |
26 | Section 125. Article XXII heading of the act is amended to |
27 | read: |
28 | ARTICLE XXII |
29 | [BUREAU OF MINE INSPECTION AND] |
30 | SURVEYS AND SURFACE SUPPORT |
|
1 | IN COAL MINING AREAS |
2 | Section 126. Sections 2201 and 2202 of the act are repealed: |
3 | [Section 2201. Ordinance Creating.--Any city within the |
4 | limits of the anthracite or of the bituminous coal regions of |
5 | the Commonwealth may, by ordinance, create a bureau of mine |
6 | inspection and surface support. |
7 | Section 2202. Bureau, How Constituted.--The bureau shall |
8 | consist of one practical mining engineer, to be appointed by the |
9 | mayor, with consent of the council, and such assistants, clerks, |
10 | and employes as the council may provide. The officers and |
11 | employes of the bureau shall receive such compensation as may be |
12 | prescribed by council.] |
13 | Section 127. Sections 2203, 2204, 2205, 2206 and 2207 of the |
14 | act are amended to read: |
15 | Section 2203. [Inspection of Mines] Survey of Mines.-- |
16 | [Members of the bureau may enter, inspect, examine] For the |
17 | purpose of conducting a survey as may be required by council, |
18 | the city engineer or other registered professional engineer |
19 | employed by the city, may enter and survey any mine or colliery, |
20 | within the limits of the city, in whole or in part, at all |
21 | reasonable times, either by day or night, but not so as to |
22 | impede nor obstruct the workings of the mine or colliery; and |
23 | may take with them [such] other persons [as may be] necessary |
24 | for the purpose of making [an examination or] a survey. The |
25 | owner, operator, or superintendent of such mine or colliery |
26 | shall furnish the means necessary for [such] the entry, |
27 | [inspection, examination,] survey and exit. |
28 | Section 2204. Operators to Furnish Maps; Contents.--The |
29 | owner, operator, or superintendent of every coal mine or |
30 | colliery within the limits of the city, in whole or in part, |
|
1 | [within three months after the passage of an ordinance by any |
2 | city creating such bureau,] shall, at the request of council, |
3 | make or cause to be made and furnished to [such bureau] the city |
4 | engineer an accurate map or plan of the workings or excavations |
5 | of [such] each coal mine or colliery, or parts thereof, within |
6 | the limits of [said] the city[, on a scale of one hundred feet |
7 | to the inch. The map or plan shall exhibit the workings or |
8 | excavations in every seam of coal on a separate sheet, and the |
9 | tunnels and passages connecting with such workings or |
10 | excavations. It shall show in degrees the general inclination of |
11 | the strata, with any material deflection therein in the workings |
12 | or excavations, and shall also show the tidal elevations of the |
13 | bottom of every shaft, slope, tunnel, and gangway, and of any |
14 | other point in the mine or on the surface where such elevation |
15 | shall be deemed necessary by the bureau. The map or plan shall |
16 | show the number of the last survey station and date of each |
17 | survey on the gangways or the most advanced workings]. |
18 | Section 2205. Extensions to be Placed on Maps.--[Every mine |
19 | owner, operator, or superintendent shall place or cause to be |
20 | placed upon the map of the bureau, at least] Not less than once |
21 | in every three months, a map that has been provided to a city, |
22 | at the request of council, pursuant to section 2204, shall be |
23 | updated at the direction of the mine owner, operator or |
24 | superintendent. The updated map shall show all the extensions |
25 | made in any mine, wholly or partially within the limits of |
26 | [such] the city, and not already so placed upon the map, except |
27 | those made within thirty days immediately preceding the time of |
28 | placing [such] the extensions upon the [said] map. |
29 | Section 2206. Certain Surface Supports Not to be Removed.-- |
30 | It shall be unlawful for any person, [copartnership] |
|
1 | partnership, association, or corporation to dig, mine, remove, |
2 | or carry away the coal, rock, earth, or other minerals or |
3 | materials forming the natural support of the surface beneath the |
4 | streets and places of any city[, in the anthracite region or in |
5 | the bituminous region,] to such an extent and in such a manner |
6 | as to thereby remove the necessary support of the surface, |
7 | without having first placed or constructed an artificial |
8 | permanent support sufficient to uphold and preserve the |
9 | stability of the surfaces of such streets and places. |
10 | Section 2207. Penalty for Surface Support Violations.--Any |
11 | person, corporation or association[, being the owner, lessee or |
12 | operator of any coal mine, and] violating the provisions of this |
13 | article concerning surface support of streets and places within |
14 | the city shall be guilty of a misdemeanor[,] and, upon |
15 | conviction thereof, shall be sentenced for such offense to pay a |
16 | fine not exceeding one thousand dollars, or [to undergo] |
17 | imprisonment [in the county jail] for a period not exceeding |
18 | ninety days, or both, and each [five day continuance in any] day |
19 | in which such violation continues shall constitute an additional |
20 | and separate offense [and be likewise punishable upon conviction |
21 | thereof]. |
22 | Section 128. Section 2208 of the act is repealed: |
23 | [Section 2208. General Penalties.--Any owner, operator or |
24 | superintendent of any coal mine or colliery who shall violate |
25 | any of the provisions of this article, except those requiring |
26 | surface support of streets and places within the city, shall, |
27 | upon summary conviction thereof before a justice of the peace or |
28 | an alderman of the city, be fined not less than fifty dollars |
29 | nor more than three hundred dollars, and in default of payment |
30 | thereof, shall be imprisoned for not more then ninety days for |
|
1 | each such violation. Each five day continuance in any such |
2 | violation shall constitute an additional and separate offense |
3 | and be likewise punishable upon summary conviction thereof. All |
4 | fines imposed under this section shall be paid into the treasury |
5 | of the city.] |
6 | Section 129. Section 2209 of the act is reenacted to read: |
7 | Section 2209. Enactment of Ordinances.--Council may enact |
8 | such ordinances as may be necessary for the enforcement of the |
9 | provisions of this article and provide penalties for the |
10 | violation thereof. |
11 | Section 130. Article XXIII and subdivision (a) headings of |
12 | the act are reenacted to read: |
13 | ARTICLE XXIII |
14 | PUBLIC HEALTH |
15 | (a) Board of Health |
16 | Section 131. Section 2301 of the act is amended to read: |
17 | Section 2301. Board of Health[; Incompatibility].--Each city |
18 | shall have a board of health. Council may, by ordinance, create |
19 | a board of health [as herein provided], or, in lieu thereof, |
20 | council shall be the board of health. [The board of health shall |
21 | have five members appointed by council, who shall serve without |
22 | compensation. Except as otherwise herein provided, membership on |
23 | the board of health shall be incompatible with every other city |
24 | office.] If council is the board of health, members of council |
25 | shall receive no additional compensation for serving on the |
26 | board. |
27 | Section 132. Section 2302 of the act, amended June 16, 1993 |
28 | (P.L.97, No.21), is amended to read: |
29 | Section 2302. [Qualifications; Term; Removal.--The] Members |
30 | of Appointed Boards of Health.--(a) Council shall appoint five |
|
1 | members to a board of health created by ordinance. Appointed |
2 | members shall serve without compensation. Except, in the case of |
3 | an appointed member who is a licensed or certified health care |
4 | professional that has his or her principal office in the city, |
5 | members of the appointed board of health shall be residents of |
6 | the city. [At least one, and whenever possible two,] |
7 | (b) Two members of the board shall be [currently] a licensed |
8 | or certified health care professional unless council cannot |
9 | identify two such professionals who are willing to serve, in |
10 | which case, one member shall be a licensed or certified health |
11 | care professional. If no licensed or certified health care |
12 | professional can be identified to serve on the board, council |
13 | may, in lieu thereof, appoint any individual who has experience |
14 | or is knowledgeable of public health issues. |
15 | (c) Health care professionals pursuant to this section must |
16 | be licensed or certified by the State Board of Medicine, the |
17 | State Board of Examiners of Nursing Home Administrators, the |
18 | State Board of Podiatry, the State Board of Veterinary Medicine, |
19 | the State Board of Occupational Therapy Education and Licensure, |
20 | the State Board of Osteopathic Medicine, the State Board of |
21 | Pharmacy, the State Board of Physical Therapy [or], the State |
22 | Board of Nursing [to be engaged in a medical, medically related |
23 | or health care profession or business and shall be a resident or |
24 | have an office in the city. If a licensed or certified medical |
25 | or health care professional cannot be identified to serve on the |
26 | board, council may appoint any individual who has experience or |
27 | is knowledgeable of public health issues], the State Board of |
28 | Social Workers, Marriage and Family Therapists and Professional |
29 | Counselors, the State Board of Chiropractic, the State Board of |
30 | Dentistry, the State Board of Optometry, the State Board of |
|
1 | Psychology or the State Board of Speech-Language and Hearing |
2 | Examiners. |
3 | [Upon] (d) After the creation of the board, by ordinance, |
4 | council shall designate [for] one appointee for a term of one |
5 | year, [for] another for a term of two years, and so on up to |
6 | five; thereafter, one member of the board shall be appointed |
7 | annually to serve for a term of five years from the first Monday |
8 | of [April] January succeeding his or her appointment. |
9 | (e) Council may remove appointed members of the board for |
10 | official misconduct or neglect of duty. |
11 | (f) All vacancies on appointed boards shall be filled by |
12 | council appointing a qualified person to membership on the board |
13 | for the unexpired term of the person whose membership had been |
14 | vacated. |
15 | Section 133. Sections 2303, 2304, 2305, 2306, 2307, 2308, |
16 | 2309, 2310 and 2311 of the act are amended to read: |
17 | Section 2303. Oath of Office; Organization; Secretary.--(a) |
18 | Each member of the board of health shall take the oath of office |
19 | prescribed in section [nine hundred and five of this act] 905. |
20 | (b) The board of health shall organize annually on the first |
21 | Monday of January[. The board] and shall elect a president |
22 | annually from among [the] its members. [and] |
23 | (c) Council shall appoint a secretary of the board of health |
24 | who is not a member of the board of health. [board member. The |
25 | secretary shall take the aforesaid oath and shall give a |
26 | fidelity bond with corporate surety to the city in such amount |
27 | as council requires.] The secretary shall receive [such] a |
28 | salary as approved by council [shall approve]. |
29 | Section 2304. Duties of Secretary.--The secretary of the |
30 | board shall have the power and his or her duty shall be as |
|
1 | follows: |
2 | (1) To keep the minutes of the proceedings of the board[, |
3 | shall keep] and accurate accounts of the expenditures of the |
4 | board. |
5 | (2) To [, shall] draw all requisitions for the payment of |
6 | moneys on account of the board of health from appropriations |
7 | made by the council to the board and shall present the same to |
8 | the president of the board for his or her approval. |
9 | (3) To [, shall] render statements of the expenditures to |
10 | the board at each stated meeting or as frequently as the board |
11 | may require. |
12 | (4) To [, shall] prepare, under the directions of the board, |
13 | the annual report to council, together with the estimate of |
14 | appropriations needed for the ensuing year. |
15 | (5) To [He shall] make such reports to the State Department |
16 | of Health as are required by law or by rule or regulation of the |
17 | [Department] department. |
18 | (6) To [, and shall] make such other reports and perform |
19 | such other duties as are required [of him] by law or by the |
20 | board of health. |
21 | Section 2305. Health Officer; Qualifications; Oath [and |
22 | Bond.--The board shall appoint as].--(a) Council shall, by |
23 | ordinance, determine the manner and method of selection of a |
24 | health officer who shall be a person with some experience or |
25 | training in public health work [in accordance with rules and |
26 | regulations of the Advisory Health Board of] and who shall be |
27 | or, within six months of taking the oath of office, shall become |
28 | certified for the office of health officer by the State |
29 | Department of Health[, and who shall not enter upon his duties |
30 | until he has been certified for the office of health officer by |
|
1 | the State Department of Health]. The health officer shall take |
2 | the oath required of members of the board. [, and shall give |
3 | bond with corporate surety approved by council to the city for |
4 | the faithful performance of his duties. The amount of the bond |
5 | shall be fixed by council.] The health officer shall be the |
6 | agent of the board of health but shall not serve as a member of |
7 | the board of health. |
8 | (b) City council may appoint, as the principal health |
9 | officer of the city, the manager or chief administrator employed |
10 | and compensated by a nonprofit corporation which may be |
11 | appointed as a board of health in accordance with subdivision |
12 | (c). The manager or chief administrator, to be eligible for |
13 | appointment, must be a reputable physician of at least five |
14 | years' experience in the practice of his or her profession or in |
15 | public health work. The principal health officer, appointed |
16 | pursuant to this subsection, shall have all the powers and |
17 | authority and duties now or hereafter to be conferred or |
18 | prescribed by law upon principal health officers. |
19 | Section 2306. Duties of Health Officer.--(a) The duties of |
20 | the health officer shall include the following: |
21 | (1) [It shall be the duty of the health officer to] attend |
22 | all [stated] regular and special meetings of the board of |
23 | health; [and to] |
24 | (2) be available for the prompt performance of his or her |
25 | official duties [at all times. He shall]; |
26 | (3) quarantine places of communicable diseases in accordance |
27 | with law and with the rules and regulations of the State |
28 | Department of Health or of the city board of health[.]; |
29 | (4) [He shall] execute all laws and rules or regulations for |
30 | the disinfection of quarantined places[.]; |
|
1 | (5) [He shall] serve written notice on teachers and persons |
2 | in charge of public, parochial, Sunday and other schools[,] |
3 | requiring the exclusion from school of children who are |
4 | suffering from, or who reside with persons who are suffering |
5 | from, communicable diseases[, and shall]; |
6 | (6) make sanitary inspections[, and shall] subject to |
7 | constitutional standards in a similar manner as provided in |
8 | section 2308; and |
9 | (7) execute the orders of the board of health and all other |
10 | laws, rules and regulations and orders pertaining to his or her |
11 | office. |
12 | (b) The health officer [He] shall[, in the performance of |
13 | his duties, have the power and authority of a policeman of the |
14 | city] to the extent of his or her duties have the power to issue |
15 | citations for the violation of applicable laws or ordinances. |
16 | Section 2307. Duties of Board of Health.--[The board of |
17 | health shall enforce the laws of the Commonwealth and the rules, |
18 | regulations and orders of the State Department of Health.] (a) |
19 | The board of health shall undertake to prevent or diminish the |
20 | introduction or further spread of infectious or contagious |
21 | diseases[,] and otherwise to protect and increase the public |
22 | health by regulating communication with places of infection or |
23 | contagion, by isolating carriers of infection or contagion or |
24 | persons who have been exposed to any infectious or contagious |
25 | disease, by abating or removing all nuisances which the board |
26 | shall deem prejudicial to the public health, and by enforcing |
27 | the vaccination laws; and the board shall make all such rules |
28 | and regulations as to it appear proper for the preservation or |
29 | improvement of the public health, consistent with this article |
30 | and the laws of the Commonwealth. |
|
1 | (b) In carrying out its duties under this act, the board of |
2 | health shall, if authorized, enforce the laws of the |
3 | Commonwealth that are relevant to and relate to its duties. |
4 | (c) The board of health shall transmit to the State |
5 | Department of Health all of its reports and publications and |
6 | such other information regarding public health in the city as |
7 | may be requested or required by the [Department] department. |
8 | Section 2308. Powers of Board of Health.--The board of |
9 | health shall have authority: |
10 | (1) [To employe] If authorized by council, to employ agents |
11 | and employes at rates of compensation approved by council. [at |
12 | such rates or salaries as council shall approve. |
13 | (2) To establish and staff emergency hospitals, with the |
14 | consent of council, in case of the [prevalance] prevalence or |
15 | threat of any contagious or infectious disease or other serious |
16 | peril to public health, and to provide for and regulate the |
17 | management of such hospitals. |
18 | (3)] (2) To enter upon any premises whatsoever within the |
19 | city as a body or by committee or by its agents or employes, |
20 | which premises are suspected of infectious or contagious disease |
21 | or of any other nuisance prejudicial to the public health, or of |
22 | the danger of them, for the purpose of examining the premises or |
23 | of preventing, confining or abating public nuisances. |
24 | (i) In the event that entry upon any premises is refused by |
25 | an owner, an agent of an owner, or tenant, the board of health |
26 | shall obtain an administrative search warrant from any |
27 | magisterial district judge within the judicial district wherein |
28 | lies the premises to be inspected. |
29 | (ii) It shall be sufficient to support the issuance of a |
30 | warrant for the board of health to provide to the magisterial |
|
1 | district judge evidence of any of the following: |
2 | (A) Reasonable standards and an administrative plan for |
3 | conducting inspections. |
4 | (B) The condition of the premises or general area and the |
5 | passage of time since the last inspection. |
6 | (C) Facts, supported by an oath or affirmation, alleging |
7 | that probable cause exists that a law, regulation or ordinance |
8 | subject to enforcement by the board of health has been violated. |
9 | [(4)] (3) To conduct investigations and to hold public |
10 | hearings in the performance of its duties and powers, wherein |
11 | the president and secretary of the board shall have full power |
12 | to administer oaths and affirmations but shall receive no fee |
13 | therefor. For such purposes, the board of health may require the |
14 | attendance of witnesses and their books and papers. |
15 | [(5) To establish a force of sanitary police for the |
16 | enforcement of its rules and regulations, whenever in the |
17 | opinion of the board the public health of the city requires. To |
18 | fix the number of such police and the duration of their service |
19 | and to have the exclusive control and direction of them. The |
20 | mayor shall detail police from the regular police force or make |
21 | new appointments in order to provide a sanitary police force, |
22 | and upon the expiration of the need for such a force the members |
23 | thereof shall be returned to duty as regular policemen, or, if |
24 | newly appointed, be dismissed as the mayor may direct, but no |
25 | permanent increase of the police force shall be made thereby |
26 | unless council so ordains. |
27 | (6)] (4) To publish and enforce its rules and regulations as |
28 | approved by council. |
29 | [(7) To] (5) If approved by council, to provide for or |
30 | cooperate in providing for general and gratuitous vaccination, |
|
1 | disinfection and other public health control programs, and |
2 | likewise to make available medical relief in such ways as in its |
3 | opinion will benefit the public health. |
4 | [(8) To certify to council expenditures in excess of |
5 | council's appropriations therefor, necessarily incurred by the |
6 | board by reason of an epidemic, or upon approval of council, for |
7 | any other immediate and serious peril to public health. Council |
8 | shall thereupon appropriate sufficient money to meet such |
9 | additional expenditures. |
10 | (9)] (6) To [prevent, abate or remove] provide, in |
11 | accordance with subdivision (b), for the prevention, abatement |
12 | and removal of conditions found by it to be detrimental to the |
13 | public health as public, not private, nuisances[,] or to declare |
14 | and certify to council [such] the conditions and the premises or |
15 | ways or places harboring [them] the condition to be public, not |
16 | private, nuisances. |
17 | [(10) To prescribe regulations for the erection or operation |
18 | of bone boiling establishments or of repositories of dead |
19 | animals in the city, and in accordance therewith, to permit or |
20 | refuse to permit such erections or operations within the city. |
21 | Any person who shall erect or operate any such establishment or |
22 | repository in the city without the permission of the board of |
23 | health, or in violation of its regulations pertaining thereto, |
24 | shall forfeit and pay to the city the sum of three hundred |
25 | dollars for every such offense, and the like amount for each |
26 | month's continuance thereof, to be collected by an action before |
27 | an alderman of the city, and shall also be subject to indictment |
28 | for the common law offense of creating and maintaining a |
29 | nuisance. Nothing herein shall limit the remedies of injunction |
30 | or abatement as to any such establishment. |
|
1 | (11) To determine whether or not the keeping or slaughtering |
2 | of stock animals or fowls in or about any dwelling or part |
3 | thereof, or in the yard, lot or adjoining property of any such |
4 | building within the city or parts thereof, is or may become |
5 | detrimental to the public health. Council may prohibit any such |
6 | keeping or slaughtering which the board certifies to it as |
7 | detrimental, or the board may issue permits in accordance with |
8 | regulations adopted by it for the keeping of such animals or |
9 | fowls within the city or parts thereof. No such permit shall |
10 | extend beyond the calendar year within which it was issued, and |
11 | the fee for each permit shall be one dollar.] |
12 | Section 2309. Effect of Rules and Regulations.--[The rules |
13 | and regulations of the board of health may be approved by |
14 | council, and when printed and advertised by council as required |
15 | by this act in the case of ordinances, shall have the force of |
16 | ordinances of the city; and all penalties, fines or imprisonment |
17 | prescribed therein for violations thereof, together with the |
18 | expenses necessarily incurred in carrying the rules and |
19 | regulations into effect and the costs of proceedings incident |
20 | thereto, shall be recoverable for the use of the city, as |
21 | provided for in the case of other city ordinances.] Rules and |
22 | regulations adopted by the board of health shall be presented to |
23 | city council for its approval. City council shall have the |
24 | authority to approve, by ordinance, the rules and regulations |
25 | submitted by the board of health. Upon approval by council, the |
26 | rules and regulations of the board of health shall have the |
27 | force and effect of ordinances of the city. The ordinance |
28 | approving the rules and regulations may incorporate them by |
29 | reference. Council shall provide a place for the public to view |
30 | the rules and regulations. The ordinance approving the rules and |
|
1 | regulations shall prescribe the penalties, fines or imprisonment |
2 | for violations thereof. |
3 | Section 2310. Fees and Penalties.--All fees and penalties |
4 | collected or received by the board or any officer thereof [in |
5 | his] acting in an official capacity shall be paid [monthly] as |
6 | received to the city treasurer for the use of the city. |
7 | Section 2311. Proceedings of Board to be Public.--The |
8 | proceedings of the board shall be public [and its journal of |
9 | proceedings shall be open to the inspection of any taxpayer]. |
10 | Section 134. Article XXIII subdivision (b) heading of the |
11 | act is amended to read: |
12 | (b) [Abatement of] Public Nuisances Detrimental |
13 | to Public Health |
14 | Section 135. Sections 2320 and 2321 of the act are amended |
15 | to read: |
16 | Section 2320. [Definition.--] Determination of Public |
17 | Nuisances.--(a) Any condition or usage whatsoever in or about |
18 | the buildings, structures or land, or the streets or private |
19 | ways and places, or elsewhere, within the city, whether public |
20 | or private, [which] if determined by the board of health [shall |
21 | find] to be detrimental to the public health [is hereby declared |
22 | to be] shall constitute a public nuisance. Whenever in this |
23 | subdivision the words "public nuisance" or "nuisance" are used |
24 | they shall be deemed to mean a nuisance detrimental to the |
25 | public health, unless a different meaning is specified. |
26 | (b) The powers of investigation and entering upon premises |
27 | vested in the board of health and its agents and employes |
28 | pursuant to its orders shall be available for the determination |
29 | of public nuisances. |
30 | Section 2321. [Procedure for the] Abatement of Public |
|
1 | Nuisances by Designated Department.--[Whenever the board of |
2 | health shall determine, after such examination, investigation or |
3 | hearing as shall suffice to inform its judgment, that a public |
4 | nuisance exists or is about to exist, it may order the nuisance |
5 | to be removed, abated, suspended, altered, or otherwise |
6 | prevented or avoided. Notice of such order, bearing the official |
7 | title of the board and the number of days for compliance |
8 | therewith and the alternative remedy of the board in case of |
9 | non-compliance, shall be served upon the person, if any, whom |
10 | the board deems responsible therefor or concerned therein, and |
11 | upon the owner or abutting owner of the land, premises or other |
12 | places whereon such a nuisance is or is about to be, if any. In |
13 | case no such party or parties can be discovered by the board, |
14 | the order shall be served by posting a copy or copies thereof |
15 | conspicuously upon the premises for a period of at least ten |
16 | days.] (a) If, in accordance with this subdivision, the board |
17 | of health determines that a public nuisance exists, it shall |
18 | report its determination, along with any request for summary |
19 | abatement, to the department designated by council in section |
20 | 2702-A, relating to the report and investigation of a public |
21 | nuisance. |
22 | (b) Notwithstanding any other provision of Article XXVII-A, |
23 | the department designated to abate public nuisances shall |
24 | proceed as follows: |
25 | (1) The report to the designated department that the board |
26 | of health has determined that public nuisance exists shall be |
27 | deemed a determination by the designated department that a |
28 | public nuisance exists as required by section 2702-A(d)(1). |
29 | (2) Summary abatement, if requested by the board of health, |
30 | shall be pursued if the designated department finds that the |
|
1 | criteria set forth in section 2702-A(d)(2) exists. |
2 | (3) If summary abatement is not pursued, the designated |
3 | department shall proceed with abatement with prior notice in |
4 | accordance with Article XXVII-A. |
5 | Section 136. Sections 2322, 2323 and 2324 of the act are |
6 | repealed: |
7 | [Section 2322. Contents of Notice.--The notice of the |
8 | board's order shall clearly specify: |
9 | 1. The place and manner of the nuisance or anticipated |
10 | nuisance as determined by the board; |
11 | 2. The nature or condition thereof; |
12 | 3. The board's order with respect to the nuisance or |
13 | anticipated nuisance; |
14 | 4. The names of the persons found by the board to be |
15 | responsible therefor or concerned therewith and the name of the |
16 | owner, if any, of the land or premises involved; |
17 | 5. The date of the board's order and the number of days |
18 | therefrom allowed for compliance with it; |
19 | 6. The alternative remedy of the board in case of non- |
20 | compliance; |
21 | 7. Notice that the persons affected thereby may apply, |
22 | within the time set for compliance with the order, to the board |
23 | for a hearing, and may request such stay of execution or |
24 | modification or rescission of the said order as they shall |
25 | believe just and proper; |
26 | 8. The signature of the president of the board, attested by |
27 | the secretary. |
28 | Section 2323. Hearing; Disposition.--If any person affected |
29 | thereby shall apply for a hearing within the time provided, the |
30 | board shall promptly notify all interested parties of the time |
|
1 | and place of the hearing. The board shall enter upon its minutes |
2 | such facts and proofs as it may receive, and its proceedings on |
3 | such hearing and thereafter may rescind, modify or reaffirm its |
4 | order and require execution of the original or of a new or |
5 | modified order, as it shall determine and direct. The persons |
6 | affected shall be notified of the board's final order, and |
7 | within ten days from the mailing of such notice may appeal |
8 | therefrom to the court of quarter sessions, which appeal may |
9 | operate as a supersedeas if the court, upon proper cause shown, |
10 | so orders, and provided the appellants post bond, approved by |
11 | the court, for the use of the city, with sufficient surety to |
12 | cover all the expense and costs of executing the board's order. |
13 | Section 2324. Abatement of Public Nuisances by Board of |
14 | Health or City.--In any case where the persons ordered by the |
15 | board of health to abate or prevent a public nuisance or |
16 | anticipated public nuisance refuse or neglect to do so within |
17 | the time specified in the original or any subsequent order of |
18 | the board, then, unless the said order shall have been suspended |
19 | by appeal to the court and proper bond posted, the board may |
20 | direct its health officer and employes to execute the said |
21 | order; or if the execution of the said order requires the |
22 | grading, paving or repaving of private alleys or any similar |
23 | work upon any property whatsoever within the city or any other |
24 | work or service that may best be performed or contracted for by |
25 | the agencies and employes of the city itself, then the board |
26 | shall certify its order to the city council and council shall |
27 | thereupon proceed to cause the execution of the order. In any |
28 | case where the board of health or the council thus abates or |
29 | prevents or causes the abatement or prevention of a public |
30 | nuisance, the cost and expense of such work, services and |
|
1 | materials shall be charged to the persons affected in their |
2 | proper proportions; and upon non-payment of such charges, the |
3 | city may file a lien therefor upon the affected premises in the |
4 | name of and for the use of the city, as provided by law for |
5 | municipal claims, in addition to the other remedies available |
6 | for the collection of debts due the city. The lien shall attach |
7 | as of the time the work was commenced, which shall be fixed by |
8 | the certificate of the health officer or of the city engineer |
9 | filed with the city clerk.] |
10 | Section 137. Article XXIII subdivision (c) heading of the |
11 | act is reenacted to read: |
12 | (c) Corporations Acting as Boards of Health |
13 | Section 138. Section 2330 of the act is amended to read: |
14 | Section 2330. Board of Directors of Corporation to be |
15 | Appointed Members of Board of Health.--[Whenever any corporation |
16 | not for profit has been or shall hereafter be chartered, whose |
17 | principal corporate purpose is or shall be substantially to |
18 | preserve and promote the health of the public of any city, and |
19 | the control and elimination of disease, and such corporation, in |
20 | the opinion of the council of such city and the State Department |
21 | of Health, shall have at its disposal sufficient means to render |
22 | its assistance of value to the city in the administration of its |
23 | public health affairs, and is properly organized and managed, |
24 | said council may, by ordinance, appoint the members of the board |
25 | of directors for such corporation as the board of health of such |
26 | city for a term of five years. The said board of directors shall |
27 | not be more than nine or less than five in number, and at least |
28 | two of the members shall be reputable physicians with not less |
29 | than five years' experience in the practice of their profession. |
30 | When, by limitation in the charter or by-laws of such |
|
1 | corporation, the office of any member of the board of directors |
2 | shall terminate, such person's membership in the board of health |
3 | shall also terminate and a vacancy in such membership exist, to |
4 | be filled as hereinafter provided. Whenever the number of |
5 | directors of such corporation shall be increased, subject, |
6 | however, to the aforesaid maximum limitation of nine, the |
7 | council of said city may appoint any person added to the |
8 | corporation's board of directors as an additional member of the |
9 | board of health for a term equal in the unexpired term of the |
10 | other members, subject, also, to termination resulting from |
11 | limitations in the corporation's charter or by-laws as |
12 | aforesaid.] (a) City council may, by ordinance, appoint the |
13 | members of a board of directors of a nonprofit corporation as |
14 | the board of health for the city for a term of five years |
15 | provided that the nonprofit corporation: |
16 | (1) Has as its principal purpose to substantially preserve |
17 | and promote the health of the public of the city and to control |
18 | and eliminate disease. |
19 | (2) Has sufficient means to render valuable assistance to |
20 | the city's public health affairs in the opinion of city council |
21 | and the State Department of Health. |
22 | (3) Is properly organized and managed. |
23 | (4) Has no fewer than five and no more than nine members on |
24 | the board of directors. |
25 | (5) Has at least two reputable physicians on the board with |
26 | each having no less than five years' experience in the practice |
27 | of his or her profession. |
28 | (b) When the office of any member of the board of directors |
29 | terminates pursuant to the nonprofit corporation's charter or |
30 | bylaws, the office of the member of the board of health shall |
|
1 | also terminate with the resulting vacancy to be filled as |
2 | hereinafter provided. |
3 | (c) If the number of the board of directors of the nonprofit |
4 | corporation increases, subject to the limitation of a maximum of |
5 | nine members, city council may appoint any person added to the |
6 | corporation's board of directors as an additional member of the |
7 | board of health for a term equal to the unexpired term of the |
8 | other members. This additional appointment shall be subject to |
9 | any subsequent termination resulting from a limitation in the |
10 | corporation's charter and bylaws. |
11 | Section 139. Section 2331 of the act is repealed: |
12 | [Section 2331. Councilmen and School Directors Eligible for |
13 | Appointment.--Members of council of such city, not more than two |
14 | in number, and one member of the board of directors of the |
15 | school district of such city, if they are also members of the |
16 | board of directors of said corporation, shall be eligible to |
17 | appointment as members of the board of health of said city.] |
18 | Section 140. Sections 2332, 2333, 2334 and 2335 of the act |
19 | are amended to read: |
20 | Section 2332. Power of Board.--The board of health [so |
21 | appointed] under this subdivision shall have all the power and |
22 | authority and perform the duties now or hereafter conferred and |
23 | prescribed by law upon boards of health of cities. |
24 | Section 2333. Health Officer.--[If the board of directors of |
25 | such corporation shall employe as manager or chief administrator |
26 | of the activities and operations of the corporation a reputable |
27 | physician of five years' experience in the practice of his |
28 | profession, or in public health work, for a compensation to be |
29 | paid out of the corporation's funds, it shall be lawful for such |
30 | council to appoint such manager or chief administrator as the |
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1 | principal health officer of such city, with all the powers and |
2 | authority and duties now or hereafter to be conferred or |
3 | prescribed by law upon principal health officers.] Pursuant to |
4 | section 2305(b), city council may appoint the manager or chief |
5 | administrator of a nonprofit corporation as the principal health |
6 | officer of the city. |
7 | Section 2334. Secretary.--The secretary of the board of |
8 | directors of [such] the nonprofit corporation under this |
9 | subdivision may serve as secretary of [such] the board of |
10 | health. |
11 | Section 2335. Filling of Vacancies.--[As the five year terms |
12 | of members of such board of health expire, and as vacancies |
13 | therein occur, the council of such city may appoint successors |
14 | to those whose terms shall have so expired for further terms of |
15 | five years, and appoint persons to fill vacancies in both cases |
16 | by selection of the then members of such board of directors, |
17 | including, in the case of vacancies, the persons in the said |
18 | board of directors who may be selected to fill the vacancies |
19 | therein. Such appointment in the case of a vacancy shall be for |
20 | the unexpired portion of the five year term.] City council may |
21 | appoint successors for vacancies on the board of health that |
22 | occur as five-year terms of board members expire. The successors |
23 | shall serve for five-year terms. City council may also appoint |
24 | successors to vacancies on the board of health that occur for |
25 | any other reason, but in such case the appointment shall be for |
26 | the unexpired portion of the five-year term. Successors, whether |
27 | appointed for a five-year term or the unexpired portion of a |
28 | five-year term, shall be selected from the members of the |
29 | nonprofit corporation's board of directors. |
30 | Section 141. Section 2336 of the act is repealed: |
|
1 | [Section 2336. Appointment and Removal of Health Employes.-- |
2 | The council of such city shall, in all cases where possible, |
3 | follow the recommendations of said board of health as to |
4 | appointment and removal of all persons having to do with the |
5 | administration of the public health affairs of the city. Such |
6 | appointees shall be required to pass any civil service |
7 | examination required by any civil service commission lawfully |
8 | established in such city.] |
9 | Section 142. Section 2337 of the act is amended to read: |
10 | Section 2337. No Compensation for Members.--The members of |
11 | [such] the board of health under this subdivision shall serve |
12 | without compensation from the city. [This subdivision (c) shall |
13 | be effective only under the circumstances set forth in section |
14 | two thousand three hundred and thirty.] |
15 | Section 143. The act is amended by adding a section to read: |
16 | Section 2338. Applicability of Subdivision.--This |
17 | subdivision (c) shall be effective only under the circumstances |
18 | set forth in section 2331. |
19 | Section 144. Article XXIII subdivision (d) heading of the |
20 | act is amended to read: |
21 | (d) [Penalties] Penalty |
22 | Section 145. Section 2340 of the act is amended to read: |
23 | Section 2340. Penalty.--Any person violating any provision |
24 | of this article or any order or regulation of the board of |
25 | health made under the authority of this article, or of any law, |
26 | or regulation or ordinance therein referred to or authorized, or |
27 | who shall obstruct or interfere with any person in the execution |
28 | of any order or regulation of [said] the board, or wilfully and |
29 | illegally omit to obey any [such] order or regulation of the |
30 | board, shall be guilty of a [misdemeanor, and, upon conviction, |
|
1 | shall be sentenced to pay a fine not exceeding one hundred |
2 | dollars, or undergo imprisonment not exceeding ninety days, or |
3 | both, at the discretion of the court.] summary offense |
4 | punishable in accordance with section 1018.10. |
5 | Section 146. Article XXIV heading of the act is reenacted to |
6 | read: |
7 | ARTICLE XXIV |
8 | CORPORATE POWERS |
9 | Section 147. Section 2401 of the act is repealed: |
10 | [Section 2401. Existing Powers Saved.--The corporate powers |
11 | and the duties of the officers of cities, now in existence by |
12 | virtue of the laws of the Commonwealth, and not repealed by this |
13 | act, shall be and remain as now provided by law.] |
14 | Section 148. Section 2402 of the act is amended to read: |
15 | Section 2402. Powers of [City] Cities.--(a) Each city is |
16 | hereby declared to be a body corporate and politic, and shall |
17 | have perpetual succession, and may: |
18 | 1. Sue and be sued; |
19 | [2. Purchase and hold real and personal property for the use |
20 | of the city; |
21 | 3. Lease, sell and convey any real or personal property |
22 | owned by the city, and make such order respecting the same as |
23 | may be conducive to the interests of the city; |
24 | 4. Make all contracts, and do all other acts in relation to |
25 | the property and affairs of the city necessary to the exercise |
26 | of its corporate or administrative powers; |
27 | 5] 2. Have and use a corporate seal, and alter the same at |
28 | pleasure. Every such seal shall have upon it the word |
29 | "Pennsylvania," the name of the city, and the year of its |
30 | original incorporation; |
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1 | [6] 3. Display the flag of the Commonwealth or of any |
2 | county, city, borough or other municipality in the Commonwealth |
3 | on the public buildings of the city. |
4 | [7. To appropriate] 4. Appropriate money for the exercise |
5 | of powers expressed or implied in this act or any other |
6 | applicable law, and for like uses to accept gifts or grants of |
7 | money, other property or services from public or private |
8 | sources. |
9 | (b) The powers [hereby] granted in this act shall be |
10 | exercised [by the mayor and councilmen] in the manner herein |
11 | provided and consistent with section 1018.1. |
12 | Section 149. Section 2402.1 of the act, added September 21, |
13 | 1959 (P.L.922, No.370), is amended to read: |
14 | Section 2402.1. [Sale of Real Estate.--The title to real |
15 | estate sold by any city after June 28, 1947, if the sale was |
16 | authorized by an ordinance or resolution of the city council of |
17 | said city, and not attacked in any proceeding instituted within |
18 | six years of the effective date of this amendment and the title |
19 | to real estate sold after the effective date of this amendment, |
20 | if the sale was authorized by an ordinance or resolution of the |
21 | city council of said city and is not attached in any proceeding |
22 | instituted within six years after date of such sale, is hereby |
23 | declared to be good and valid and free and clear of any defects |
24 | and any such person who is grantee thereunder, and his heirs, |
25 | successors and assigns, shall hold and may convey such real |
26 | estate and all conveyances made after June 28, 1947, are hereby |
27 | ratified and confirmed. Nothing in this section shall be |
28 | construed to apply to property which the city acquired other |
29 | than by purchase.] City Property and Affairs.--(a) In |
30 | exercising its discretion to make decisions that further the |
|
1 | public interest under terms it deems most beneficial to the |
2 | city, council shall have the power and authority to do any of |
3 | the following: |
4 | (1) Purchase, hold, use and manage real and personal |
5 | property in a manner decided by council. |
6 | (2) Lease, sell and convey real and personal property owned |
7 | by the city in a manner decided by council. |
8 | (3) Make contracts and do all other acts respecting city |
9 | property and affairs as council may deem conducive to the public |
10 | interest and necessary to the exercise of the city's corporate |
11 | and administrative powers. |
12 | (b) In providing for the manner of selling real and personal |
13 | property of the city, council shall have the authority to |
14 | determine, in the exercise of reasonable discretion, the method |
15 | of sale and the selling price most beneficial to the public |
16 | interest. In the exercise of this authority, council shall have |
17 | the authority by ordinance to establish conditions pursuant to |
18 | which city-owned real or personal property shall be sold, |
19 | including sale to the highest bidder after advertising for bids. |
20 | (c) In regards to the sale of personal property of the city, |
21 | an auction may be conducted by means of an online or electronic |
22 | auction sale. During an electronic auction sale, bids shall be |
23 | accepted electronically at the time and in the manner designated |
24 | in the advertisement. During the electronic auction, each bidder |
25 | shall have the capability to view the bidder's bid rank or the |
26 | high bid price. Bidders may increase their bid prices during the |
27 | electronic auction. The record of the electronic auction shall |
28 | be accessible for public inspection. The purchase price shall be |
29 | paid by the high bidder immediately or at a reasonable time |
30 | after the conclusion of the electronic auction as determined by |
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1 | council. In the event that shipping costs are incurred, they |
2 | shall be paid by the high bidder. A city that has complied with |
3 | the advertising requirements of this section, and in accordance |
4 | with the provisions of section 109, may provide additional |
5 | public notice of the sale by bids or auction in any manner |
6 | deemed appropriate by council. The advertisement for electronic |
7 | auction sales authorized in this section shall include the |
8 | Internet address or means of accessing the electronic auction |
9 | and the date, time and duration of the electronic auction. |
10 | Section 150. Section 2402.2 of the act, amended July 31, |
11 | 1968 (P.L.943, No.290), is repealed: |
12 | [Section 2402.2. Typewritten, Printed, Photostated and |
13 | Microfilmed Records Valid; Recording or Transcribing Records.-- |
14 | All city records, required to be recorded or transcribed, shall |
15 | be deemed valid if typewritten, printed, photostated or |
16 | microfilmed, and where recording in a specified book of record |
17 | is required, except minutes of the proceedings of the council, |
18 | such records may be recorded or transcribed in a mechanical or |
19 | key-operated post binder book, or bound book with pages being |
20 | consecutively numbered by transcribing directly upon the pages |
21 | of such book of record or may be attached to such book of record |
22 | by stapling or by glue or any other adhesive substance or |
23 | material, and all records heretofore recorded or transcribed in |
24 | any manner authorized by this section are validated. The minutes |
25 | of proceedings of the council shall, in the manner prescribed by |
26 | this section for other records, be recorded in a bound book. |
27 | When any record shall be recorded or transcribed after the |
28 | effective date of this amendment by attaching such record or a |
29 | copy thereof to the book of record as hereinabove provided, the |
30 | city seal shall be impressed upon each page to which such record |
|
1 | is attached, each impression thereof covering both a portion of |
2 | the attached record and a portion of the page of the book of |
3 | record to which such record is attached.] |
4 | Section 151. Section 2403 of the act, amended, added or |
5 | repealed in part August 24, 1953 (P.L.1337, No.380), May 20, |
6 | 1957 (P.L.178, No.86), June 20, 1957 (P.L.346, No.188), June 24, |
7 | 1959 (P.L.482, No.108), June 30, 1959 (P.L.496, No.121), May 23, |
8 | 1961 (P.L.216, No.116), June 14, 1961 (P.L.370, No.204), June 8, |
9 | 1965 (P.L.104, No.72), December 16, 1965 (P.L.1120, No.434), |
10 | November 24, 1967 (P.L.618, No.280), February 24, 1970 (P.L.63, |
11 | No.27), March 25, 1970 (P.L.225, No.92), July 29, 1971 (P.L.250, |
12 | No.61), October 4, 1978 (P.L.950, No.188), November 26, 1978 |
13 | (P.L.1399, No.330), October 5, 1979 (P.L.195, No.64), November |
14 | 1, 1979 (P.L.455, No.92), December 21, 1998 (P.L.1013, No.135) |
15 | and June 27, 2008 (P.L.196, No.31), is amended to read: |
16 | Section 2403. [Specific Powers.--In addition to other powers |
17 | granted by this act, the council of each city shall have power, |
18 | by ordinance: |
19 | 1.] Payment of Debts and Expenses.--[To] Council may provide |
20 | for the payment of the debts and expenses of the city, and to |
21 | appropriate money therefor. |
22 | [1.1. Creation of Capital Reserve Fund for Anticipated |
23 | Capital Expenditures.--To create and maintain a separate capital |
24 | reserve fund for any anticipated legal capital expenditures, |
25 | which fund shall be designated for a specific purpose or |
26 | purposes at the time of its creation. The money in the fund |
27 | shall be used, from time to time, for the construction, purchase |
28 | or replacement of or addition to municipal buildings, equipment, |
29 | machinery, motor vehicles or other capital assets of the city as |
30 | specified at the time of the creation of the fund and for no |
|
1 | other purpose: Provided, That it may be used for capital |
2 | expenditure other than the purpose or purposes specified at the |
3 | time it was created, if city council by a four-fifths vote shall |
4 | declare that the original purpose or purposes have become |
5 | impracticable, inadvisable or impossible, or that conditions |
6 | have arisen in the city which make other capital expenditures |
7 | more urgent than those for which the fund was created. |
8 | The council may appropriate moneys from the general city |
9 | funds to be paid into the capital reserve fund, or place in the |
10 | fund any moneys received from the sale, lease or other |
11 | disposition of any city property or from any other source unless |
12 | received or acquired for a particular purpose. The fund shall be |
13 | controlled, invested, reinvested and administered and the moneys |
14 | therein and income from such moneys expended for the specific |
15 | purpose or purposes for which the fund is created in such manner |
16 | as may be determined by the council. The money in the fund, when |
17 | invested, shall be invested in securities designated by law as |
18 | legal investments for sinking funds of municipalities. |
19 | 2. Hiring of Employes; Salaries.--To provide for and |
20 | regulate the manner of hiring and discharging employes and |
21 | laborers, and the fixing of their salaries or compensation. |
22 | 3. Creation of Necessary Offices, Boards or Departments.--To |
23 | create any office, public board, or department which it may deem |
24 | necessary for the good government and interests of the city, |
25 | and, unless otherwise provided by this act, appoint the members |
26 | of any board, bureau or commission; to prescribe the powers |
27 | thereof, and to regulate and prescribe the terms, duties and |
28 | compensation of all such officers, and of all officers who are |
29 | members of any public board or any department so created, but no |
30 | ordinance shall be passed increasing or diminishing the salary |
|
1 | or compensation of any officer, or of any member of any board, |
2 | bureau or commission, after his or their appointment. The |
3 | provisions of this clause as to the creation of any public |
4 | board, bureau or commission, and prescribing the duties thereof, |
5 | shall not apply to the creation of any board of commissioners of |
6 | water-works of any city wherein the title to the water-works |
7 | therein located is in the name of the commissioners of water- |
8 | works. |
9 | 4. Lock-ups and Police Stations.--To provide for the |
10 | erection, lease or purchase of lock-ups and police stations for |
11 | the detention and confinement of persons arrested for any cause, |
12 | or of persons convicted under city ordinances and sentenced for |
13 | periods not in excess of ten days. |
14 | 5. Market Houses and Milk Depots.--To purchase, lease and |
15 | own ground for, and to erect, maintain, and establish, market |
16 | houses, milk depots, and market places, for which latter purpose |
17 | parts of any streets, sidewalks or city property may be |
18 | temporarily used; to provide and enforce suitable general market |
19 | regulations; to contract with any person or persons or |
20 | association of persons, companies, or corporations, for the |
21 | erection and regulation of market houses, milk depots, and |
22 | market places, on such terms and conditions and in such manner |
23 | as the council may prescribe; to raise all necessary revenue |
24 | therefor as herein provided; and to levy and collect a license |
25 | tax from every person or persons who may be authorized by |
26 | council to occupy any portion of the streets, sidewalks or city |
27 | property for temporary market purposes. |
28 | 6. Collection and Removal of Garbage.--To provide for and |
29 | regulate the collection, removal and disposal of garbage, ashes |
30 | and other waste or refuse material, either by contract or by |
|
1 | municipal conduct of such services, and to impose and collect, |
2 | by lien or otherwise, reasonable fees and charges therefor, and |
3 | to prescribe fines and penalties for the violation of ordinances |
4 | regulating such matters. |
5 | 7. Comfort and Waiting Stations and Drinking Fountains; |
6 | Waiting Rooms in Court Houses.--To take, purchase or acquire, |
7 | property for the purpose of erecting, providing, maintaining, |
8 | and operating thereon comfort stations, waiting stations and |
9 | drinking fountains; and to construct and maintain such stations |
10 | and fountains on such property or in any of the streets or |
11 | public places within its corporate limits; to provide and equip |
12 | and maintain in the court house, in cooperation with the county |
13 | commissioners of the county wherein the city is situated, |
14 | whenever such city is the county seat, rest or waiting rooms and |
15 | provide attendants therefor. The cost of providing such waiting |
16 | and rest rooms, and of maintaining the same, including salaries |
17 | and all incidental expenses, shall be paid by the county, and by |
18 | the city, in such proportion as may be agreed upon. |
19 | 8. Running at Large of Animals, Et Cetera.--To provide for |
20 | the erection of all needful pens, pounds, and other means of |
21 | confinement, within or without the city limits; to appoint |
22 | keepers thereof; and to regulate or prohibit the running or |
23 | being at large of stock and domestic animals, and fowls; and to |
24 | cause such as may be at large to be impounded and sold to |
25 | discharge the costs and penalties provided for the violations of |
26 | such prohibitions and the expenses of impounding and of keeping |
27 | the same and of such sale. To regulate the maintaining and care |
28 | of dogs within the city. To regulate or prohibit the keeping of |
29 | bee hives within the city. |
30 | 9. Destruction of Dogs.--To destroy dogs found at large |
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1 | contrary to the laws of the Commonwealth, or to prohibit or |
2 | regulate, by its own ordinance, the running at large of dogs, |
3 | cats or other animals, and, in the enforcement of such |
4 | regulations, to direct the killing of dogs, cats or other |
5 | animals, or their seizure and detention, including reasonable |
6 | charges therefor, or to provide for their sale for the benefit |
7 | of the city. The powers herein expressed shall be exercised in |
8 | conformity with the Dog Law of 1921. |
9 | 10. Inspection and Regulation of Fireplaces, Chimneys, Et |
10 | Cetera; Smoke Regulations.--To regulate the construction and |
11 | inspection of fireplaces, chimneys, stoves, stovepipes, ovens, |
12 | boilers, kettles, forges, or any apparatus used in any building, |
13 | manufactory, or business, and to order the suppression or |
14 | cleaning thereof when deemed necessary; to regulate and control |
15 | the production and emission of unnecessary smoke or fly-ash from |
16 | any chimney or other source, except railroad locomotives. |
17 | 11. Manufacture, Sale, Storage and Transportation of |
18 | Explosives; Offensive Business.--To regulate or prohibit the |
19 | manufacture, sale, storage, or transportation of inflammable or |
20 | explosive substances within the city, and to regulate or |
21 | prohibit dangerous, obnoxious, or offensive business with the |
22 | city. |
23 | 12. Regulation of Division Fences, Party Walls, |
24 | Foundations.--To provide regulations for party walls and |
25 | division fences and for the foundations of buildings, to enter |
26 | upon the land or lands, lot or lots, of any person or persons, |
27 | within the city, at all reasonable hours, by its duly appointed |
28 | city engineer, or building inspectors, in order to enforce such |
29 | regulations and set out foundations; and to prescribe reasonable |
30 | fees for the service of city officers in the inspection and |
|
1 | regulation of party walls, division fences and foundations, and |
2 | to enforce the payment of the same. To provide fines or |
3 | penalties for violations of such regulations. In setting out |
4 | foundations and regulating party walls as to breadth and |
5 | thickness, the city shall cause the foundations to be laid |
6 | equally upon the lands of the persons between whom the party |
7 | wall is to be made, and the builder thereof or his successor in |
8 | interest shall be reimbursed one moiety of the charge of said |
9 | wall or for so much thereof as the next builder shall have |
10 | occasion to make use of before such next builder shall or may |
11 | use or break into said wall. |
12 | 13. Public Wells, Cisterns, Aqueducts, and Reservoirs.--To |
13 | establish, make, and regulate public wells, cisterns, aqueducts, |
14 | and reservoirs, and to provide for filling the same. |
15 | 14. Construction of Levees and Ferries; Deepening of |
16 | Channels.--Subject to the provisions of State law, to provide |
17 | for the construction and maintenance of levees and ferries |
18 | within the jurisdiction of the city and within the limits |
19 | thereof; to erect wharves on navigable waters adjacent to the |
20 | city, regulate the use thereof, collect wharfage, and establish |
21 | wharf and dock lines; to provide for protection against floods; |
22 | to construct and maintain docks, retaining walls, dams, or |
23 | embankments; and to remove obstructions from, deepen and widen |
24 | the channels of rivers and streams flowing through or adjacent |
25 | to the city. |
26 | 15. Railroad Crossing; Flagmen; Speed of Locomotives.-- |
27 | Subject to the provisions of the Public Utility Law, to provide |
28 | for and require the construction and maintenance of bridges or |
29 | other crossings over or under railroad tracks; and to enter into |
30 | contracts with railroad companies for the construction and |
|
1 | maintenance of the same; to require the erection of safety-gates |
2 | and the placing of flagmen or warning devices at the |
3 | intersection of railroads with streets; to forbid the |
4 | obstruction of the said crossings by locomotives or railroad |
5 | cars; and to regulate the rate of speed at which locomotives, |
6 | cars or trains shall pass upon or across the streets within the |
7 | built-up portions of the city. |
8 | 15.1. Railroad Companies; Conveyances and Grants of Rights |
9 | of Way.--Subject to the provisions of the Public Utility Law, to |
10 | lease, license or grant rights of way to railroad companies |
11 | through tunnels or over bridges and viaducts, to enter into |
12 | agreements with railroad companies for the maintenance of any |
13 | such tunnels, bridges or viaducts, and to convey such tunnels, |
14 | bridges or viaducts to railroad companies that have paid in part |
15 | for their construction, where legal title to said tunnels, |
16 | bridges or viaducts is not vested in the city but will vest in |
17 | the city by operation of law or under the terms of any contract. |
18 | 16. Nuisances and Obstructions.--To prohibit nuisances, |
19 | including, but not limited to, accumulations of garbage and |
20 | rubbish and the storage of abandoned or junked automobiles or |
21 | other vehicles on private or public property, and the carrying |
22 | on of any offensive manufacture or business, and to require the |
23 | removal of any nuisance or dangerous structure from public or |
24 | private places upon notice to the owner, and, upon his default, |
25 | to cause such removal and collect the cost thereof, together |
26 | with a penalty of ten per centum of such cost, from the owner, |
27 | by an action in assumpsit. The cost of removal and the penalty |
28 | may be entered as a lien against such property in accordance |
29 | with existing provisions of law. In the exercise of the powers |
30 | herein conferred, the city may institute proceedings in courts |
|
1 | of equity. |
2 | 17. Regulation of Signs, Porches, Et Cetera.--To regulate, |
3 | by uniform rules and regulations, porches, porticoes, benches, |
4 | doorsteps, railings, bulk, bay or jut windows, areas, cellar |
5 | doors and cellar windows, signs and sign posts, boards, poles or |
6 | frames, awnings, awning posts, or other devices or things, |
7 | projecting over, under, into or otherwise occupying the |
8 | sidewalks or other portion of any of the streets, the building |
9 | of cellars and basement ways and other excavations through or |
10 | under the sidewalks, and boxes, bales, barrels, hogsheads, |
11 | crates, or articles of merchandise, lumber, coal, wood, ashes, |
12 | building materials, or any other article or thing whatsoever, |
13 | placed in or upon any of the said sidewalks or other portion of |
14 | said streets; and also to prevent and require or cause the |
15 | removal of, upon notice, all encroachments thereon. In the |
16 | exercise of the powers herein conferred, the city shall have the |
17 | same remedies, penalties and procedures as are expressed in |
18 | clause 16 of this article. |
19 | 18. Trees.--To regulate the planting, trimming, care and |
20 | protection of shade trees in or extending over the streets. |
21 | 19. Numbering of Buildings.--To require and regulate the |
22 | numbering of buildings and lots. |
23 | 20. Cab-stands.--To establish stands for coaches, cabs, |
24 | omnibuses, carriages, wagons, automobiles, and other vehicles |
25 | for hire, and to enforce the observance and use thereof. |
26 | 21. Police Force.--To establish and maintain a police force, |
27 | and define the duties of the same. |
28 | 22. Police Protection, Et Cetera, Parks, Et Cetera; |
29 | Commitment of Professional Thieves.--To establish and enforce |
30 | suitable police regulations for the protection of persons and |
|
1 | property at public squares, parks, depots, depot grounds, and |
2 | other places of public resort, owned, controlled or managed by |
3 | the city or an agency or bureau thereof, whether within or |
4 | without the city, in whole or in part, and for the arrest and |
5 | commitment of professional thieves, and suspicious persons found |
6 | in any part of the city who can give no reasonable account of |
7 | themselves. The mayor or any alderman of the city shall have |
8 | jurisdiction to hear and determine violations of such ordinances |
9 | and to impose any judgment or penalty therefor as provided in |
10 | such ordinances. |
11 | 23. Rewards for Apprehension of Certain Criminals.--To offer |
12 | rewards for the arrest and conviction of persons guilty of |
13 | capital or other crimes within the city. |
14 | 24. Gaming, Prostitution, Et Cetera.--To restrain, prohibit, |
15 | and suppress houses of prostitution, gambling houses, gaming, |
16 | cock or dog fighting, and other disorderly or unlawful |
17 | establishments or practices, desecration of the Sabbath day, |
18 | commonly called Sunday, and all kinds of public indecencies. |
19 | 25. Prevent Riots.--To prevent and restrain riots, noises, |
20 | disturbances, or disorderly assemblies in any street, house, or |
21 | place in the city. |
22 | 26. Regulate Guns, Et Cetera.--To regulate, prohibit, and |
23 | prevent the discharge of guns, rockets, powder, or any other |
24 | dangerous instrument or combustible material within the city, |
25 | and to prevent the carrying of concealed deadly weapons. |
26 | 27. Sale and Use of Fireworks.--To regulate or prohibit and |
27 | prevent the sale, use and discharge of fireworks, firecrackers, |
28 | sparklers, and other pyrotechnics. |
29 | 28. Arrest of Vagrants.--To arrest, fine, or set at work on |
30 | the streets, or elsewhere, all vagrants found in said city. |
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1 | 29. Racing; Dangerous Practices; Et Cetera.--To prevent the |
2 | racing of horses, cars and other vehicles, fast driving or |
3 | riding in the streets or public places in the city, and all |
4 | games, practices, or amusements, therein likely to result in |
5 | danger or damages to any person or property. |
6 | 30. Riding or Driving on Sidewalks.--To prevent or regulate |
7 | the riding or driving of animals, or the passage of any vehicle |
8 | over, along and across sidewalks, and to regulate the passing of |
9 | the same through the streets. |
10 | 31. Regulations of Skating-Rinks, Theatres, Et Cetera.-- |
11 | Subject to the provisions of general laws of the Commonwealth |
12 | regarding the same, to regulate all skating-rinks, operas, |
13 | theatres, concerts, shows, circuses, menageries, and all kinds |
14 | of public exhibitions for pay (except those for religious, |
15 | educational or charitable purposes); and to restrain and |
16 | prohibit, under fines or penalties, all exhibitions of indecent |
17 | or immoral character. |
18 | 32. Bathing; Boat Houses and Bath Houses.--To regulate the |
19 | time and place of bathing in rivers and other public water in |
20 | and adjoining the said city, and to construct, maintain and |
21 | manage municipal boat houses and bath houses. |
22 | 33. Prohibition of Fire Producing Devices in Certain Retail |
23 | Stores.--To prohibit the smoking or carrying of lighted |
24 | cigarettes, cigars, pipes or matches, and the use of matches or |
25 | fire producing devices, in retail stores arranged to accommodate |
26 | one hundred persons or more, or which employ ten or more |
27 | employes: Provided, That any such ordinance passed under this |
28 | provision shall not prohibit smoking in any restaurant room, |
29 | rest room, beauty parlor, executive office, or any room |
30 | designated for smoking in such store. To provide penalties for |
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1 | the violation of such ordinances. |
2 | 34. Appropriations to Post of Veterans.--To appropriate |
3 | annually to each camp of the United States War Veterans in the |
4 | city, and to each post of the American Legion, and to each post |
5 | of the Veterans of Foreign Wars, and to each post of the |
6 | Veterans of World War I of the U. S. A., Inc., and to each post |
7 | of the American Veterans of World War II (AMVETS), to each post |
8 | of the Catholic War Veterans, Inc., and to each detachment of |
9 | the Marine Corps League, and to each Naval Association, and to |
10 | each post of the Grand Army of the Republic, and to each post of |
11 | the Disabled American Veterans of the World War, and to each |
12 | chapter of the Military Order of the Purple Heart, and to each |
13 | post of the Jewish War Veterans, and to each organization of |
14 | American Gold Star Mothers, and to each post of the Italian |
15 | American War Veterans of the United States, Incorporated, and to |
16 | any other such organization of ex-service persons in the city, |
17 | incorporated under the laws of the Commonwealth, a sum not to |
18 | exceed three hundred dollars, to aid in defraying the expenses |
19 | of Memorial Day and Armistice Day. Where the Grand Army of the |
20 | Republic has ceased to exist or to function, such appropriation |
21 | may be made to the Sons of Union Veterans of the Civil War, or, |
22 | in the absence of such order, to a duly constituted organization |
23 | which conducts the decorating of the graves of Union veterans of |
24 | the Civil War. Such payments shall be made to defray actual |
25 | expenses only. Before any payment is made, the organization |
26 | receiving the same shall submit verified accounts of their |
27 | expenditures. |
28 | 35. Support of National Guard Units.--To appropriate |
29 | annually a sum not exceeding seven hundred and fifty dollars for |
30 | the support and maintenance, discipline and training of any |
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1 | dismounted company or similar unit of the National Guard, and a |
2 | sum not to exceed fifteen hundred dollars for the support and |
3 | maintenance of any mounted or motorized troop or similar unit of |
4 | the National Guard. Where such units are organized as a |
5 | battalion, regiment or similar organization, the total amount |
6 | due may be paid to the commanding officer of the battalion, |
7 | regiment or similar organization. Any moneys so appropriated |
8 | shall be paid by warrant drawn to the order of the commanding |
9 | officer of such company, battalion, regiment or similar |
10 | organization, only when it shall be certified to the city, by |
11 | the Adjutant General of the Commonwealth, that the said company |
12 | or companies have satisfactorily passed the annual inspection |
13 | provided by law. The moneys so appropriated shall be used and |
14 | expended solely and exclusively for the support and maintenance, |
15 | discipline and training of the said company, battalion, |
16 | regiment, or similar organization; and the commanding officer |
17 | shall account, by proper vouchers to the said city each year, |
18 | for the expenditure of the money so appropriated, and no |
19 | appropriation shall be made for any subsequent year until the |
20 | expenditure of the previous year is duly and satisfactorily |
21 | accounted for. |
22 | The accounts of such expenditures shall be subject to the |
23 | inspection of the Department of Military Affairs, and shall be |
24 | audited by the city controller in the manner provided by this |
25 | act for the audit of accounts of city moneys. |
26 | 36. Appropriation of Money, Et Cetera, to Assist in Erection |
27 | of Armories.--To appropriate money or convey land, either |
28 | independently or in conjunction with any other political |
29 | subdivision, to the Commonwealth, for the purpose of assisting |
30 | the Armory Board of the State of Pennsylvania in the erection of |
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1 | armories for the use of the National Guard, and to furnish |
2 | water, sewer services, light, or fuel free of cost to the |
3 | Commonwealth for use in any armory of the National Guard; and to |
4 | do all things necessary to accomplish the purpose of this |
5 | clause. |
6 | 37. Eminent Domain for National Guard Purposes.--To take, by |
7 | right of eminent domain, for the purpose of appropriating to |
8 | itself for the use of the National Guard of Pennsylvania, such |
9 | public lands, [easments] easements, and public property as may |
10 | be in its possession or control and used or held by it for any |
11 | other purpose. Such right, however, shall not be exercised as to |
12 | any street or wharf. |
13 | 38. Lands for Armory Purposes.--To acquire, by purchase or |
14 | by gift, or by the right of eminent domain, any land for the use |
15 | of the National Guard of Pennsylvania; and to convey such lands |
16 | so acquired to the Commonwealth in order to assist the Armory |
17 | Board in the erection of armories. The power conferred by this |
18 | clause shall not be exercised to take any church property, |
19 | grave-yard, or cemetery. Lands within three miles outside the |
20 | limits of the city may be acquired in like manner for the use of |
21 | the National Guard. |
22 | 39. Purchase of Burial Grounds for Deceased Service |
23 | Persons.--To appropriate money for and purchase plots of ground |
24 | in any cemetery or burial ground, within their respective |
25 | limits, for the interment of such deceased service persons as |
26 | shall hereafter die within such city, or shall die beyond such |
27 | city and shall have a legal residence within such city at the |
28 | time of their death, and whose bodies are entitled to be buried |
29 | by the county under the provisions of existing laws. |
30 | 40. Payment of Rent for Veterans' Organizations.--By a two- |
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1 | third vote of the council, to appropriate money to any |
2 | incorporated organization of veterans of any war in which the |
3 | United States was engaged, to be used in the payment of the rent |
4 | of any building or rooms in which such organization has its |
5 | regular meetings. |
6 | 41. Rooms for Meetings of Veterans.--To furnish, upon |
7 | application, to each organization composed of veterans of the |
8 | Civil War, veterans of the Spanish American War, veterans of the |
9 | World War or World War II, veterans of any foreign war, and |
10 | children of veterans, a room or rooms in any public building of |
11 | such city, sufficient for the meeting of each of such |
12 | organizations at least once each month. |
13 | 42. Care of Memorials.--To take charge of, care for, |
14 | maintain, and keep in good order and repair, at the expense of |
15 | the city, any soldiers' monument, gun or carriage, or similar |
16 | memorial, situate in the city, and not in the charge or care of |
17 | any person, body, or organization, and not put up or placed by |
18 | the Government of the United States, the Commonwealth of |
19 | Pennsylvania, the commissioners of the county, or by the |
20 | direction or authority of any other state of the Union, and to |
21 | receive from any person or organization any moneys or funds |
22 | which can be used for the benefit of such memorials, and to |
23 | expend the same. |
24 | 43. Manufacture and Sale of Ice.--To manufacture ice, and to |
25 | sell the same to the inhabitants of the city at such rates as |
26 | shall be fixed by ordinance, and to erect, equip, and maintain |
27 | such buildings and other structures, and purchase or hire and |
28 | maintain such vehicles, as may be deemed necessary for such |
29 | purpose. |
30 | 44. Inspection of Milk.--To provide for the inspection of |
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1 | milk sold or consumed within the city and milk depots, and |
2 | dairies which offer milk or milk products for retail sale within |
3 | the city, under such rules and regulations as will protect the |
4 | people from adulteration and dilution of the same. |
5 | 45. Municipal Music.--To appropriate money to defray the |
6 | expenses of musical entertainments held under the auspices of |
7 | the city, and for the purpose of having music in any public park |
8 | or place. |
9 | 46. Regulation and Licensing of Auction Sales.--To regulate |
10 | and license sales of merchandise at public auction, other than |
11 | judicial sales, sales by executors or administrators, or sales |
12 | by or in behalf of licensed pawnbrokers of unredeemed pledges in |
13 | the manner provided by law. |
14 | 47. Aid to Historical Societies.--To make annual |
15 | appropriations not exceeding one thousand dollars for the |
16 | support and maintenance of the principal historical society |
17 | located therein, which shall be incorporated under the laws of |
18 | the Commonwealth, shall maintain permanent quarters and shall |
19 | keep the same open to the public, shall have a membership of at |
20 | least one hundred persons who have paid into the treasury of the |
21 | society a membership fee of at least two dollars for the support |
22 | of the society, shall hold, annually, at least two regular |
23 | meetings that shall be open to the public, and shall at all |
24 | times maintain facilities for the free storage, deposit, and |
25 | inspection of official documents and records of the city, and |
26 | other proper public or historical archives and records. |
27 | 48. Establishment of Institutions to Collect Educational |
28 | Collections.--To establish institutions authorized to collect |
29 | and hold certain scientific, educational and economic |
30 | collections, the object of each being the instruction of the |
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1 | public concerning commerce, manufacturing, mining, and |
2 | agriculture; said institutions to have power to purchase or |
3 | accept by gift any real estate, money, or personal property |
4 | necessary for their use and promotion, and power to use, convey, |
5 | or transfer the same, as if they were bodies corporate, to be |
6 | governed by boards of trustees, nominated, appointed, and |
7 | confirmed in such manner as council may determine. |
8 | 49. Sprinkling of Streets.--To cause any street, or part |
9 | thereof, not less than one block, to be sprinkled with water or, |
10 | if such street is paved, to be cleaned during such time as it |
11 | may be necessary, at the expense of the owners of property |
12 | abutting upon the same. Upon the petition of the owners of such |
13 | property, who shall represent a majority of the feet front on |
14 | the street or part thereof, it shall be the duty of council to |
15 | cause such sprinkling or cleaning to be done at the expense of |
16 | the owners of property abutting thereon. Council may cause such |
17 | sprinkling to be done with the water of the city, when water |
18 | works are owned or operated by the city, and the sprinkling |
19 | carts and apparatus owned by the city, or may contract for the |
20 | use of said carts and apparatus with the lowest responsible |
21 | bidder. |
22 | 50. Electric Wires may be Placed Underground in Certain |
23 | Districts.--To define a reasonable district within which all |
24 | electric light wires, telephone and telegraph wires shall be |
25 | placed under ground in conduits owned and constructed either by |
26 | the municipality or by corporations owning such wires, or by |
27 | corporations organized for the purpose of laying such conduits |
28 | and renting space therein. In all cases in which such conduits |
29 | are owned by any private corporation, partnership, or |
30 | individual, there shall be reserved to the city, whether |
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1 | expressed in the ordinance or not, the right to regulate, by |
2 | ordinance, the manner in which such conduit shall be used, and |
3 | the terms and conditions of such use, and also the right to take |
4 | such conduits, either by purchase, upon agreement of the owners |
5 | thereof and the city, or by condemnation proceedings; in which |
6 | latter case the proceedings for the assessment of damages shall |
7 | be the same as provided in this act for property taken, injured |
8 | or destroyed. |
9 | The court of quarter sessions upon the appeal of any person |
10 | may review any ordinance passed in pursuance of this clause, and |
11 | may annul such ordinance if deemed unreasonable, capricious or |
12 | arbitrary, such appeal to be taken within thirty days from the |
13 | approval of such ordinance. |
14 | 51. Ambulances and Service; Maintenance.--To acquire, by |
15 | purchase, gift or bequest, or to operate and maintain ambulances |
16 | or ambulance service for the purposes of conveying sick and |
17 | injured persons in the city and the vicinity to and from |
18 | hospitals, or in lieu thereof, to hire a private ambulance |
19 | service, and, for such purposes, to appropriate and expend |
20 | moneys of the city; or to appropriate money annually toward a |
21 | nonprofit community ambulance service. All appropriations of |
22 | money heretofore made and contracts for hire of private |
23 | ambulance service heretofore entered into by any city are hereby |
24 | validated and confirmed. |
25 | 52. Weighing and Measuring of Commodities.--To regulate the |
26 | weighing and measuring of every commodity sold in the city, in |
27 | all cases not otherwise provided for by law, including the |
28 | measuring of gas, water, and electric currents; to provide for |
29 | and regulate the inspection and weighing of hay, grain, and |
30 | coal, and the measuring of wood, bark, and fuel, to be used in |
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1 | the city, and to designate the place or places of inspecting and |
2 | weighing the same; to regulate and prescribe the place or places |
3 | for exposing for sale hay, coal, bark and wood; to demand and |
4 | receive reasonable fees for such inspection, weighing and |
5 | measuring; for the regulation and stamping of weights and |
6 | measures; and the regulation and inspection of meters, except as |
7 | otherwise provided by law. |
8 | 53. Insurance.--To make contracts of insurance with any |
9 | mutual or other fire insurance company, association or exchange, |
10 | duly authorized by law to transact insurance business in the |
11 | Commonwealth of Pennsylvania, on any building or property owned |
12 | by the city. |
13 | To make contracts of insurance with any insurance company, or |
14 | nonprofit hospitalization corporation, or nonprofit medical |
15 | service corporation, authorized to transact insurance business |
16 | within the Commonwealth, insuring its elected or appointed |
17 | officers, officials and employes, or any class or classes |
18 | thereof, or their dependents, under a policy or policies of |
19 | group insurance covering life, health, hospitalization, medical |
20 | service, or accident insurance, and to contract with any such |
21 | company granting annuities or pensions for the pensioning of |
22 | such persons; and, for such purposes, to agree to pay part or |
23 | all of the premiums or charges for carrying such contracts, and |
24 | to appropriate out of its treasury any money necessary to pay |
25 | such premiums or charges, or portions thereof. All contracts |
26 | procured hereunder shall conform and be subject to all the |
27 | provisions of any existing or future laws concerning group |
28 | insurance and group annuity contracts. The proper officer, |
29 | agency, board or commission of the city having authority to |
30 | enter into such contracts of insurance is hereby authorized, |
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1 | enabled and permitted to deduct from the officer's or employe's |
2 | pay, salary or compensation, such part of the premium as is |
3 | payable by the officer or employe and as may be so authorized by |
4 | the officer or employe in writing. |
5 | 53.1. Liability Insurance.-- |
6 | 54. Parking Lots.--To acquire by lease, purchase, or |
7 | condemnation proceedings, any land which in the judgment of city |
8 | council may be necessary and desirable for the purpose of |
9 | establishing and maintaining lots for the parking of motor |
10 | vehicles, and for no other use or purpose, and to regulate the |
11 | use thereof and to establish or designate, at the discretion of |
12 | council, areas exclusively reserved for parking by handicapped |
13 | individuals and to post signs regulating such areas. |
14 | 55. Disorderly Conduct.--To define disorderly conduct within |
15 | the limits of the city and to provide for the imposition of |
16 | penalties for such conduct in such amounts, without limitation |
17 | except as in this act provided, as council shall establish, and |
18 | notwithstanding any statutes of the Commonwealth upon disorderly |
19 | conduct and the penalties therefor. |
20 | 56. Official Expenses on City Business.--To make |
21 | appropriations for the reasonable expenses of city officials |
22 | actually incurred in the conduct of city business. |
23 | 57. Insurance Against Burglary, Etc.--To insure against |
24 | burglary or theft of city property, or against fire and other |
25 | calamities, and against public liability. |
26 | 58. To Provide Against Hazards of War.--To build or |
27 | establish bomb shelters or assist in so doing to provide against |
28 | all hazards of war and their consequences; and for all such |
29 | purposes, to have the power of eminent domain, to cooperate with |
30 | any other unit and agency of government, Federal, State, or |
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1 | local, in every lawful way, for purposes of defense and against |
2 | the hazards of war. |
3 | 59. Municipality Authorities; Cooperation with Other |
4 | Political Subdivisions.--To form municipality authorities as |
5 | authorized by law. To cooperate with other political |
6 | subdivisions in the conduct of city affairs as authorized by |
7 | law. |
8 | 60. Local Self-Government.--In addition to the powers and |
9 | authority vested in each city by the provisions of this act, to |
10 | make and adopt all such ordinances, by-laws, rules and |
11 | regulations, not inconsistent with or restrained by the |
12 | Constitution and laws of this Commonwealth, as may be expedient |
13 | or necessary for the proper management, care and control of the |
14 | city and its finances, and the maintenance of the peace, good |
15 | government, safety and welfare of the city, and its trade, |
16 | commerce and manufactures; and also all such ordinances, by- |
17 | laws, rules and regulations as may be necessary in and to the |
18 | exercise of the powers and authority of local self-government in |
19 | all municipal affairs; and the said ordinances, by-laws, rules |
20 | and regulations to alter, modify, and repeal at pleasure; and to |
21 | enforce all ordinances inflicting penalties upon inhabitants or |
22 | other persons for violations thereof, and impose penalties in |
23 | accordance with section 4131.1: Provided, however, That no |
24 | ordinance, by-law, rule or regulation shall be made or passed |
25 | which contravenes or violates any of the provisions of the |
26 | Constitution of the United States or of this Commonwealth, or of |
27 | any act of Assembly heretofore or that may be hereafter passed |
28 | and in force in said city. |
29 | 61. Historical Property.--To acquire by purchase or by gift, |
30 | and to repair, supervise, operate and maintain ancient landmarks |
|
1 | and other property of historical or antiquarian interest, which |
2 | is either listed in the Catalogue of Historical Sites and |
3 | Buildings in Pennsylvania issued by the Joint State Government |
4 | Commission, or approved for acquisition by the Pennsylvania |
5 | Historical and Museum Commission as having historical |
6 | significance. |
7 | 62. Appropriations for Handling, Storage and Distribution of |
8 | Surplus Foods.--The council of any city to which this act |
9 | applies may appropriate from city funds moneys for the handling, |
10 | storage and distribution of surplus foods obtained either |
11 | through a local, State or Federal agency. |
12 | All appropriations of moneys heretofore made by the council |
13 | of any city for the handling, storage and distribution of |
14 | surplus foods obtained, either through a local, State or Federal |
15 | agency, are hereby validated. |
16 | 63. Junk Dealers and Junk Yards.--To regulate and license |
17 | junk dealers and the establishment and maintenance of junk yards |
18 | and scrap yards including, but not limited to, automobile junk |
19 | or grave yards. |
20 | 64. Appropriations for Industrial Promotions.--To make |
21 | appropriations to an industrial development agency as defined in |
22 | section 3, act of May 31, 1956 (P.L.1911), known as the |
23 | "Industrial Development Assistance Law," when the city is |
24 | located within the area for which the agency has been authorized |
25 | to make application to and receive grants from the Department of |
26 | Commerce for the purposes specified in the "Industrial |
27 | Development Assistance Law." |
28 | 65. Non-debt Revenue Bonds.--To issue non-debt revenue bonds |
29 | pursuant to provisions of the act of June 25, 1941 (P.L.159), |
30 | known as the "Municipal Borrowing Law," and its amendments, to |
|
1 | provide sufficient moneys for and toward the acquisition, |
2 | construction, reconstruction, extension or improvement of |
3 | municipal facilities, including water systems or facilities, |
4 | sewers, sewer systems and sewage disposal systems or facilities, |
5 | systems for the treatment or disposal of garbage and refuse, |
6 | buildings, machinery and apparatus for manufacturing and |
7 | distributing electric, gas or light, aeronautical facilities |
8 | including but not limited to airports, terminals and hangars, |
9 | park and recreational facilities, parking lots and public |
10 | auditoriums to be secured solely by the pledge of the whole or |
11 | part of the rent, toll or charge for the use or services of such |
12 | facilities. Included in the cost of the issue may be any costs |
13 | and expenses incident to constructing and financing the |
14 | facilities and selling and distributing the bonds. |
15 | 66. Appropriations for Urban Common Carrier Mass |
16 | Transportation.--To appropriate funds for urban common carrier |
17 | mass transportation purposes from current revenues and to make |
18 | annual contributions to county departments of transportation or |
19 | to urban common carrier mass transportation authorities to |
20 | assist the departments or the authorities to meet costs of |
21 | operation, maintenance, capital improvements, and debt service, |
22 | and to enter into long-term agreements providing for the payment |
23 | of the said contributions. |
24 | 67. Adoption and Amendment of Codes by Reference.--To |
25 | incorporate by reference the provisions of any code or portions |
26 | of any code, or any amendment thereof, properly identified as to |
27 | date and source, without setting forth in full the provisions to |
28 | be adopted: Provided, however, That no portion of any code which |
29 | limits the work to be performed to any type of construction |
30 | contractor, or labor or mechanic classification shall be |
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1 | adopted. Not less than three copies of such code, portion, or |
2 | amendment which is incorporated or adopted by reference, shall |
3 | be filed with the clerk of the city and kept with the city |
4 | ordinance book, and available for public use, inspection and |
5 | examination. The filing requirements herein prescribed shall not |
6 | be deemed to be complied with unless the required copies of such |
7 | codes, portion, or amendment or public record are filed with the |
8 | clerk of such city at least ten days before council considers |
9 | the proposed ordinance. |
10 | Any ordinance adopted by reference to any code shall be |
11 | enacted within sixty days after it is filed with the clerk of |
12 | the city, and shall only encompass the provisions of the code |
13 | effective as of the code date stated in the ordinance. Any |
14 | subsequent changes in the code shall be adopted by the city |
15 | before they may become effective as an ordinance of the city. |
16 | Any city that has adopted any code by reference may adopt |
17 | subsequent ordinances which incorporate by reference any |
18 | subsequent changes thereof, properly identified as to date and |
19 | source, as may be adopted by the agency or association which |
20 | promulgated the code. |
21 | Any ordinances which incorporate code amendments by reference |
22 | shall become effective after the same procedure and in the same |
23 | manner as is herein specified for original adoption of any such |
24 | code. |
25 | 68. Appropriation for Nonprofit Art Corporation.--To |
26 | appropriate moneys annually, not exceeding an amount equal to |
27 | one mill of the real estate tax to any nonprofit art corporation |
28 | for the conduct of its artistic and cultural activities. For the |
29 | purposes of this section nonprofit art corporation shall mean a |
30 | local arts council, commission or coordinating agency, or any |
|
1 | other nonprofit corporation engaged in the production or display |
2 | of works of art, including the visual, written or performing |
3 | arts. Artistic and cultural activities shall include the display |
4 | or production of theater, music, dance, painting, architecture, |
5 | sculpture, arts and crafts, photography, film, graphic arts and |
6 | design and creative writing. |
7 | 69. Emergency Services.--(a) The city shall be responsible |
8 | for ensuring that fire and emergency medical services are |
9 | provided within the city by the means and to the extent |
10 | determined by the city, including the appropriate financial and |
11 | administrative assistance for these services. |
12 | (b) The city shall consult with fire and emergency medical |
13 | services providers to discuss the emergency services needs of |
14 | the city. |
15 | (c) The city shall require any emergency services |
16 | organizations receiving city funds to provide to the city an |
17 | annual itemized listing of all expenditures of these funds |
18 | before the city may consider budgeting additional funding to the |
19 | organization.] |
20 | Section 152. The act is amended by adding sections to read: |
21 | Section 2404. Creation of Capital and Operating Reserve |
22 | Funds.--(a) Council may create and maintain a separate capital |
23 | reserve fund for any anticipated capital expenses, which fund |
24 | shall be designated for a specific purpose or purposes when |
25 | created. The moneys in the fund shall be used for no other |
26 | purpose unless the council declares that conditions in the city |
27 | make other expenses more urgent than those for which the fund |
28 | was created. Council may appropriate moneys from the general |
29 | city funds to be paid into the capital reserve fund or place in |
30 | the fund any moneys received from the sale, lease or other |
|
1 | disposition of any city property or from any other source. |
2 | (b) With regard to an operating reserve fund the following |
3 | shall apply: |
4 | (1) Council shall have the power to create and maintain a |
5 | separate operating reserve fund in order to: |
6 | (i) minimize future revenue shortfalls and deficits; |
7 | (ii) provide greater continuity and predictability in the |
8 | funding of vital government services; |
9 | (iii) minimize the need to increase taxes to balance the |
10 | budget in times of fiscal distress; and |
11 | (iv) provide the capacity to undertake long-range financial |
12 | planning and to develop fiscal resources to meet long-term |
13 | needs. |
14 | (2) Council may annually make appropriations from the |
15 | general city fund to the operating reserve fund, but no |
16 | appropriation shall be made to the operating reserve fund if the |
17 | effect of the appropriation would cause the fund to exceed five |
18 | per centum of the estimated revenues of the city's general fund |
19 | in the current fiscal year. |
20 | (3) Council may at any time by resolution make |
21 | appropriations from the operating reserve fund for the following |
22 | purposes only: |
23 | (i) to meet emergencies involving the health, safety or |
24 | welfare of the residents of the city; |
25 | (ii) to counterbalance potential budget deficits resulting |
26 | from shortfalls in anticipated revenues or program receipts from |
27 | whatever source; or |
28 | (iii) to provide for anticipated operating expenditures |
29 | related either to the planned growth of existing projects or |
30 | programs or to the establishment of new projects or programs if, |
|
1 | for each such project or program, appropriations have been made |
2 | and allocated to a separate restricted account established |
3 | within the operating reserve fund. |
4 | (c) The operating reserve fund shall be invested, reinvested |
5 | and administered in a manner consistent with the provisions of |
6 | this act relating to the investment of city funds generally. |
7 | Section 2405. Hiring of Employes; Salaries.--Council may |
8 | provide for and regulate the manner of hiring and discharging |
9 | employes and the fixing of their salaries or compensation, |
10 | consistent with applicable Federal and State law. |
11 | Section 2406. Creation of Necessary Offices or Boards.--In |
12 | addition to the city departments established in accordance with |
13 | Article XI, council may create any city office, or public board, |
14 | bureau or commission, which it may deem necessary for the good |
15 | government and interests of the city, and, with regard to an |
16 | office or membership on a board, bureau or commission, unless |
17 | otherwise provided by this act, council may make appointments |
18 | thereto and regulate and prescribe the terms, duties and |
19 | compensation thereof. |
20 | Section 2407. Lockups.--(a) Council may provide for lockup |
21 | facilities as deemed necessary for the detention and confinement |
22 | of persons. |
23 | (b) No city shall erect or construct a city jail or lockup, |
24 | or use any existing building or lockup for the first time that |
25 | will be or is located within five hundred feet of any public |
26 | school building. |
27 | Section 2408. Market Places.--Council may: |
28 | (1) Purchase, lease and own ground for market places; |
29 | (2) Erect, maintain, and establish market places; |
30 | (3) Provide for and enforce suitable general market |
|
1 | regulations; |
2 | (4) Contract with any person or persons or association of |
3 | persons, companies or corporations for the erection and |
4 | regulation of market places, on such terms and conditions and in |
5 | such manner as council may prescribe; and |
6 | (5) Levy and collect a license fee from every person or |
7 | persons who may be authorized by council to occupy any portion |
8 | of the streets, sidewalks or city property for temporary market |
9 | purposes. |
10 | Section 2409. Accumulation of Ashes, Garbage, Solid Waste |
11 | and Refuse Materials.--(a) Council in the manner authorized by |
12 | the act of July 7, 1980 (P.L.380, No.97), known as the "Solid |
13 | Waste Management Act," and the act of July 28, 1988 (P.L.556, |
14 | No.101), known as the "Municipal Waste Planning, Recycling and |
15 | Waste Reduction Act," may prohibit accumulations of ashes, |
16 | garbage, solid waste and other refuse materials upon private |
17 | property, including the imposition and collection of reasonable |
18 | fees and charges for the collection, removal and disposal |
19 | thereof. |
20 | (b) Council may collect and remove, by contract or |
21 | otherwise, ashes, garbage, solid waste and other refuse |
22 | materials and recyclables and prescribe penalties for the |
23 | enforcement thereof. Any contract with refuse haulers may be |
24 | made for an initial period not exceeding five years with |
25 | optional renewal periods of up to five years. This limitation |
26 | does not apply to contracts with any other county or municipal |
27 | corporation. |
28 | (c) Council may dispose of, by contract or otherwise, ashes, |
29 | garbage, solid waste or other refuse materials. Any contract |
30 | with the owner of a private facility for the disposal or |
|
1 | incineration of ashes, garbage, solid waste or other refuse |
2 | materials may be made for a period not exceeding twenty years. |
3 | This limitation does not apply to contracts with any county or |
4 | municipal corporation. |
5 | (d) Council may acquire any real property and erect, |
6 | maintain, improve, operate and lease, either as lessor or |
7 | lessee, facilities for incineration, landfill or other methods |
8 | of disposal, either inside or outside the limits of the city, |
9 | including equipment, either separately or jointly, with any |
10 | county or municipal corporation in order to provide for the |
11 | destruction, collection, removal and disposal of ashes, garbage, |
12 | solid waste or other refuse materials, for the collection and |
13 | storage of recyclable materials or for the composting of leaf |
14 | and yard waste. Council may provide for the payment of the cost |
15 | thereof out of the funds of the city. Council may acquire land |
16 | for landfill purposes, either amicably or by exercising the |
17 | power of eminent domain, and maintain lands and places for the |
18 | dumping of ashes, garbage, solid waste or other refuse |
19 | materials. If council acquires land outside the limits of the |
20 | city by exercising the power of eminent domain, the taking shall |
21 | be subject to the limitations in 26 Pa.C.S. § 206 (relating to |
22 | extraterritorial takings). |
23 | (e) Council may establish, alter, charge and collect rates |
24 | and other charges for the collection, removal and disposal of |
25 | ashes, garbage, solid waste, other refuse materials and |
26 | recyclable materials, and the cost of including the payment of |
27 | any indebtedness incurred for the construction, purchase, |
28 | improvement, repair, maintenance and operation of any facilities |
29 | therefore, and the amount due under any contract with any county |
30 | or municipal corporation furnishing the services or facilities. |
|
1 | The rates and other charges shall be collected pursuant to the |
2 | Municipal Claim and Tax Lien Law, or by an action in assumpsit. |
3 | (f) Council may make appropriations to any county or |
4 | municipal corporation for the construction, purchase, |
5 | improvement, repair, maintenance and operation of any facilities |
6 | for the collection, removal, disposal or marketing of ashes, |
7 | garbage, solid waste, other refuse materials, recyclable |
8 | materials or composted leaf and yard waste. |
9 | (g) A city shall not be subject to requirements otherwise |
10 | imposed by law for the sale of personal property owned by the |
11 | city when selling recyclable materials or materials separated, |
12 | collected, recovered or created by recycling, as provided in the |
13 | act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding |
14 | the sale of recyclable material from political subdivision |
15 | personal property sale restrictions relating to advertising and |
16 | bidding." |
17 | Section 2410. Regulation of Pets and Feral Animals.--Council |
18 | may, by ordinance, prohibit and regulate the running at large of |
19 | dogs, cats, other pets and feral animals. |
20 | Section 2411. Inspection and Regulation of Fireplaces, |
21 | Chimneys, Et Cetera; Smoke Regulations.--In conformity with |
22 | Federal and State laws and regulations, council may regulate and |
23 | inspect fireplaces, chimneys and other sources of smoke and fly- |
24 | ash to control the production and emission of unnecessary smoke |
25 | and fly-ash. |
26 | Section 2412. Fireworks and Inflammable Articles.--In |
27 | conformity with Federal and State laws and regulations, council |
28 | may: |
29 | (1) Regulate and prohibit the manufacture of fireworks or |
30 | inflammable or dangerous articles. |
|
1 | (2) Grant permits for supervised public displays of |
2 | fireworks and adopt rules and regulations governing the |
3 | displays. |
4 | (3) Adopt rules and regulations not inconsistent with State |
5 | regulations relating to the storage of inflammable articles. |
6 | (4) Impose other safeguards concerning inflammable articles |
7 | as may be necessary including the discharge of rockets, powder |
8 | or any other dangerous instrument or combustible material within |
9 | the city. |
10 | Section 2413. Regulation of Division Fences, Party Walls, |
11 | Foundations.--(a) Subject to the provisions of, and regulations |
12 | adopted pursuant to, the act of November 10, 1999 (P.L.491, |
13 | No.45), known as the "Pennsylvania Construction Code Act," and |
14 | other applicable law, council may provide regulations for party |
15 | walls and division fences and for the foundations of buildings, |
16 | and for entering upon the land or lands, lot or lots, of any |
17 | person or persons, within the city, at all reasonable hours, by |
18 | its duly appointed city engineer, or building inspectors, in |
19 | order to enforce the regulations and set out foundations. |
20 | Council may also prescribe reasonable fees for the service of |
21 | city officers in the inspection and regulation of party walls, |
22 | division fences and foundations, and may enforce the payment of |
23 | the same. Council may provide fines or penalties for violations |
24 | of an ordinance enacted pursuant to this section. |
25 | (b) In setting out foundations and regulating party walls as |
26 | to breadth and thickness, the city shall cause the foundations |
27 | to be laid equally upon the lands of the persons between whom |
28 | the party wall is to be made. The cost of the foundation and |
29 | party wall shall be divided proportionately among the property |
30 | owners sharing the same. The property owners shall either share |
|
1 | the expense when the foundation is laid and the party wall is |
2 | erected, or when the subsequent building is erected if all |
3 | buildings are not erected at the same time. |
4 | Section 2414. Nuisances.--Council may prohibit and abate |
5 | public nuisances in accordance with Article XXVII-A. |
6 | Section 2415. Regulation of Encroachments.--In compliance |
7 | with applicable State laws and city ordinances, council may |
8 | provide for the regulation of all encroachments in, under or |
9 | upon any of the sidewalks or other portion of the streets of the |
10 | city. |
11 | Section 2416. Shade Trees.--(a) Council may, by ordinance, |
12 | regulate the manner and method, if any, for the planting, |
13 | trimming, removing, maintaining and protection of shade trees |
14 | in, on and along or extending over the public streets, sidewalks |
15 | and rights-of-way of the city, and provide for penalties for |
16 | violations thereof. The cost of such activities may, at |
17 | council's discretion, be assessed against the owners of the |
18 | properties abutting the street, sidewalk or right-of-way upon |
19 | which any tree is located pursuant to Article XLV-A, except that |
20 | the cost and expense of caring for trees after they have been |
21 | planted shall be paid by the city. |
22 | (b) Council may, by ordinance, provide for the creation of a |
23 | shade tree commission, its composition, powers and duties and |
24 | delegate council's authority for regulating shade trees to the |
25 | commission. Alternatively, council may delegate its regulatory |
26 | powers for shade trees to an existing department. |
27 | Section 2417. Numbering of Buildings.--Council may require |
28 | and regulate the numbering of buildings and lots. |
29 | Section 2418. Transportation Stands.--Council may establish |
30 | stands for taxis, buses, automobiles, and other vehicles for |
|
1 | hire, and enforce the observance and use thereof. |
2 | Section 2419. Police Force.--(a) Council shall have the |
3 | power to establish and maintain a police force, and define the |
4 | duties of the same in accordance with Article XX. |
5 | (b) Subject to the requirements of 53 Pa.C.S. Ch. 23 Subch. |
6 | A (relating to intergovernmental cooperation), council shall |
7 | have the power to provide for police services by contract or by |
8 | purchase of police services or by joining or developing a |
9 | consolidated regional police service. |
10 | Section 2420. Police Regulations.--Council may establish and |
11 | enforce suitable police regulations for the protection of |
12 | persons and property. |
13 | Section 2421. Rewards.--Council may offer rewards for the |
14 | arrest and conviction of persons guilty of capital or other |
15 | crimes within the city. |
16 | Section 2422. Prevent Riots.--Council may prevent and |
17 | restrain riots, noises, disturbances or disorderly assemblies in |
18 | any street, house or place in the city. |
19 | Section 2423. Regulate Discharge of Guns and Deadly |
20 | Weapons.--To the extent permitted by Federal and other State |
21 | law, council may regulate, prohibit, prevent the discharge of |
22 | guns and prevent the carrying of concealed deadly weapons. |
23 | Section 2424. Racing; Dangerous Practices; Et Cetera.--With |
24 | regard to streets and public places in the city, council may |
25 | regulate or prohibit racing or fast driving of vehicles, and all |
26 | games, practices or amusements likely to result in danger or |
27 | damages to any person or property. |
28 | Section 2425. Bathing; Recreational Swimming Establishments; |
29 | Boat Houses and Bath Houses.--To the extent permitted by the act |
30 | of June 23, 1931 (P.L.899, No.299), known as the "Public Bathing |
|
1 | Law," council may regulate the time and place of bathing in |
2 | rivers and other public water in and adjoining the city, and may |
3 | construct, maintain and manage municipal boat houses, bath |
4 | houses and recreational swimming establishments. |
5 | Section 2426. Musical Entertainment.--Council may |
6 | appropriate money to defray the expenses of musical |
7 | entertainments held under the auspices of the city, and for the |
8 | purpose of having music in any public park or place. |
9 | Section 2427. Aid to Historical Societies.--Council may make |
10 | annual appropriations for the support and maintenance of the |
11 | principal historical society located in the city, which shall be |
12 | incorporated under the laws of the Commonwealth, shall maintain |
13 | permanent quarters and shall keep the same open to the public. |
14 | Section 2428. Establishment of Institutions to Collect |
15 | Educational Collections.--Council may establish institutions |
16 | authorized to collect and hold certain scientific, educational |
17 | and economic collections, the object of each being the |
18 | instruction of the public concerning commerce, manufacturing, |
19 | mining and agriculture. The institutions may purchase or accept |
20 | by gift any real estate, money or personal property necessary |
21 | for their use and promotion. The institutions may use, convey, |
22 | or transfer the same as if they were bodies corporate, and these |
23 | institutions shall be governed by boards of trustees, nominated, |
24 | appointed and confirmed in the manner council may determine. |
25 | Section 2429. Ambulances and Rescue and Life Saving |
26 | Services.--Council may acquire, operate and maintain motor |
27 | vehicles for the purposes of conveying sick and injured persons |
28 | to and from hospitals, and it may appropriate moneys toward |
29 | ambulance and rescue and life saving services and make contracts |
30 | relating thereto. |
|
1 | Section 2430. Insurance.--(a) Council, in its discretion, |
2 | or as required by law or a collective bargaining agreement, may |
3 | make contracts of insurance and contracts for annuities or |
4 | pensions, including, but not limited to, the following: |
5 | (1) Contracts of insurance with any mutual or other fire |
6 | insurance company, association or exchange, duly authorized by |
7 | law to transact insurance business in the Commonwealth of |
8 | Pennsylvania, on any building or property owned by the city and |
9 | contracts to insure against burglary or theft of city property, |
10 | or against fire and other calamities, and against public |
11 | liability. |
12 | (2) Contracts of insurance with any insurance company, or |
13 | nonprofit hospitalization corporation, or nonprofit medical |
14 | service corporation, authorized to transact insurance business |
15 | within this Commonwealth, insuring elected or appointed |
16 | officers, officials and employes of the city, or any class or |
17 | classes thereof, or their dependents, under a policy or policies |
18 | of group insurance covering life, health, hospitalization, |
19 | medical service or accident insurance. |
20 | (3) Contracts to purchase annuities or pensions for elected |
21 | or appointed officers, officials and employes, or any class or |
22 | classes thereof. |
23 | (b) In the case of contracts for the benefit of elected or |
24 | appointed officers, officials and employes of the city, or any |
25 | class or classes thereof, or their dependents, the city may, as |
26 | determined by council, or as required by law or a collective |
27 | bargaining agreement, pay part or all of the premiums or charges |
28 | for the contracts. |
29 | Section 2431. Parking Lots.--Council may acquire by lease, |
30 | purchase, or condemnation proceedings, land which in its |
|
1 | judgment may be necessary and desirable for the purpose of |
2 | establishing and maintaining lots for the sole purpose of |
3 | parking motor vehicles. Council may regulate the use of the land |
4 | including the posting of signs and may establish or designate |
5 | areas exclusively reserved for parking by persons with |
6 | disabilities. Such regulation of parking lots shall be |
7 | consistent with 75 Pa.C.S. (relating to vehicles) and the act of |
8 | October 27, 1955 (P.L.744, No.222), known as the "Pennsylvania |
9 | Human Relations Act." |
10 | Section 2432. Disorderly Conduct.--Council may, by |
11 | ordinance, prohibit disorderly conduct within the limits of the |
12 | city and provide for the imposition of penalties in accordance |
13 | with this act. If an ordinance is enacted, it shall define |
14 | disorderly conduct in a manner substantially similar to the |
15 | provisions of 18 Pa.C.S. § 5503 (relating to disorderly |
16 | conduct). |
17 | Section 2433. Official Expenses on City Business.--Council |
18 | may make appropriations for the reasonable expenses of city |
19 | officials actually incurred in the conduct of city business. |
20 | Section 2434. Municipality Authorities; Cooperation with |
21 | Other Political Subdivisions.--(a) The council may by |
22 | ordinance, individually or in cooperation with other |
23 | municipalities or school districts, form municipal authorities |
24 | as authorized by 53 Pa.C.S. Ch. 56 (relating to municipal |
25 | authorities). |
26 | (b) The council may by ordinance make cooperative agreements |
27 | with regard to the performance of a city's powers, duties and |
28 | functions in accordance with the provisions of 53 Pa.C.S. Ch. 23 |
29 | Subch. A (relating to intergovernmental cooperation). |
30 | Section 2435. Local Self-Government.--The council of each |
|
1 | city shall have power to enact, make, adopt, alter, modify, |
2 | repeal and enforce in accordance with this act ordinances, |
3 | resolutions, rules and regulations, not inconsistent with or |
4 | restrained by the Constitution of Pennsylvania and laws of this |
5 | Commonwealth, that are either of the following: |
6 | (1) Expedient or necessary for the proper management, care |
7 | and control of the city and its finances, and the maintenance of |
8 | the peace, good government, safety and welfare of the city and |
9 | its trade, commerce and manufactures. |
10 | (2) Necessary to the exercise of the powers and authority of |
11 | local self-government in all municipal affairs. |
12 | Section 2436. Historical Property.--Council may acquire by |
13 | purchase or by gift, and may repair, supervise, operate and |
14 | maintain landmarks and other historical properties which are |
15 | either eligible for listing or listed in the National Register |
16 | of Historical Places, or certified by the Pennsylvania |
17 | Historical and Museum Commission as having historical |
18 | significance. |
19 | Section 2437. Appropriations for Handling, Storage and |
20 | Distribution of Surplus Foods.--(a) Council may appropriate |
21 | from city funds moneys for the handling, storage and |
22 | distribution of surplus foods obtained through a Federal, State |
23 | or local agency. |
24 | (b) All appropriations of moneys previously made by the |
25 | council of any city for the handling, storage and distribution |
26 | of surplus foods obtained, through a local, Federal, State or |
27 | local agency, are hereby validated. |
28 | Section 2438. Junk Dealers and Junk Yards.--Council may |
29 | regulate and license junk dealers and the establishment and |
30 | maintenance of junk yards and scrap yards, including, but not |
|
1 | limited to, automobile junk or grave yards. |
2 | Section 2439. Appropriations for Industrial Promotions.-- |
3 | Council may make appropriations to an industrial development |
4 | organization as defined in section 2301 of the act of June 29, |
5 | 1996 (P.L.434, No.67), known as the "Job Enhancement Act," when |
6 | the city is located within the area for which the industrial |
7 | development organization has been authorized to make application |
8 | to and receive grants from the Department of Community and |
9 | Economic Development for the purposes specified in Chapter 23 of |
10 | the "Job Enhancement Act." |
11 | Section 2440. Non-debt Revenue Bonds.--Consistent with and |
12 | without limitation of any power conferred or duty imposed by 53 |
13 | Pa.C.S. Pt. VII Subpt. B, (relating to indebtedness and |
14 | borrowing), council may issue non-debt revenue bonds pursuant to |
15 | provisions of 53 Pa.C.S. Pt. VII Subpt. B. |
16 | Section 2441. Appropriations for Urban Common Carrier Mass |
17 | Transportation.--Council may appropriate funds for urban common |
18 | carrier mass transportation purposes from current revenues and |
19 | make annual contributions to county departments of |
20 | transportation or to urban common carrier mass transportation |
21 | authorities to assist the departments or the authorities to meet |
22 | costs of operation, maintenance, capital improvements and debt |
23 | service, and to enter into long-term agreements providing for |
24 | the payment of the contributions. |
25 | Section 2442. Appropriation for Nonprofit Art Corporation.-- |
26 | Council may appropriate moneys annually, not exceeding an amount |
27 | equal to one mill of the real estate tax to any nonprofit art |
28 | corporation for the conduct of its artistic and cultural |
29 | activities. For the purposes of this section, "nonprofit art |
30 | corporation" shall mean a local arts council, commission or |
|
1 | coordinating agency, or any other nonprofit corporation engaged |
2 | in the production or display of works of art, including the |
3 | visual, written or performing arts. Artistic and cultural |
4 | activities shall include the display or production of theater, |
5 | music, dance, painting, architecture, sculpture, arts and |
6 | crafts, photography, film, graphic arts and design and creative |
7 | writing. |
8 | Section 2443. Ratification and Validation of Real Estate |
9 | Sales.--All deeds conveying title to real estate or interests |
10 | therein from any city to any other party which are executed and |
11 | delivered pursuant to an ordinance or resolution of the city |
12 | council and which are not contested by an action filed in the |
13 | court of common pleas of the county in which the city is located |
14 | within six years of the date such deeds are recorded are hereby |
15 | declared to be valid and to have fully and effectively conveyed |
16 | the property and interests described therein in accordance with |
17 | the terms thereof. No such deed shall thereafter be subject to |
18 | attack in any court, agency or proceeding. |
19 | Section 2444. Maintenance and Validation of Certain |
20 | Records.--Except as otherwise may be required by any law |
21 | governing the recording of documents with the recorder of deeds, |
22 | all city records that are required to be recorded or copied |
23 | shall be deemed valid if recorded or transcribed by any digital, |
24 | photostatic, photographic, microphotographic, microfilm, |
25 | microcard, miniature photographic, optical, electronic or other |
26 | process which accurately reproduces the original and forms a |
27 | durable medium for recording, storing and reproducing the |
28 | original in accordance with standards, policies and procedures |
29 | for the creation, maintenance, transmission or reproduction of |
30 | images of records approved by the county or local government |
|
1 | records committees, as applicable, and as otherwise provided by |
2 | law. No city shall be required to retain original or paper |
3 | copies of any documents after the documents are archived by any |
4 | of the methods stated in this section or as otherwise provided |
5 | by law. Where recording in a specific book is required, except |
6 | for minutes or the proceedings of council, such records may be |
7 | recorded, transcribed or otherwise assembled in an appropriate |
8 | book, disk or other medium approved by resolution of council, |
9 | and all records heretofore recorded and assembled in any manner |
10 | are hereby validated. |
11 | Section 2445. Rights Within Streets and Rights-of-Way.--(a) |
12 | The power granted to a city in subsection (b) shall be exercised |
13 | in compliance with Federal and State law and shall be subject to |
14 | the power of the Pennsylvania Public Utility Commission, under |
15 | 66 Pa.C.S. Pt. I (relating to public utility code) to regulate |
16 | the business, facilities and service of public utilities, |
17 | including determining the location and installation of utility |
18 | facilities. |
19 | (b) Council may consent to a public or private corporation |
20 | or any other person using city streets and other properties, |
21 | whether such use is within, on or over the streets or public |
22 | property in question, for transportation purposes or for the |
23 | purpose of installing and maintaining pipes, wires, fibers, |
24 | cables or any other utility or service medium. Council may |
25 | define a reasonable district or reasonable districts within |
26 | which all electric or telephone wires, cables or any other |
27 | utility or service medium are to be placed underground. A city |
28 | shall pay just compensation to any property owner whose land has |
29 | been acquired by the city for use as a right-of-way for purposes |
30 | of this section. Just compensation shall be determined pursuant |
|
1 | to 26 Pa.C.S. (relating to eminent domain). |
2 | Section 2446. Emergency Services.--(a) The city shall be |
3 | responsible for ensuring that fire and emergency medical |
4 | services are provided within the city by the means and to the |
5 | extent determined by the city, including the appropriate |
6 | financial and administrative assistance for these services. |
7 | (b) The city shall consult with fire and emergency medical |
8 | services providers to discuss the emergency services needs of |
9 | the city. |
10 | (c) The city shall require any emergency services |
11 | organizations receiving city funds to provide to the city an |
12 | annual itemized listing of all expenditures of these funds |
13 | before the city may consider budgeting additional funding to the |
14 | organization. |
15 | Section 2447. Charitable Purposes.--(a) Council may, by |
16 | ordinance, create a city bureau or agency which bureau or agency |
17 | may receive in trust, and city council may control for the |
18 | purposes of the trust, all estate, moneys, assets and property, |
19 | real and personal, which may have been or shall be bestowed upon |
20 | it by donation, gift, legacy, endowment, bequest, devise, |
21 | conveyance or other means, for charitable purposes. |
22 | (b) Council may make appropriations to the agency or bureau |
23 | for charitable purposes except as limited by the Constitution of |
24 | Pennsylvania and laws of this Commonwealth. |
25 | (c) As used in this section, "charitable purposes" shall |
26 | mean the relief of poverty, the advancement of education, the |
27 | promotion of health, governmental or municipal purposes, and |
28 | other purposes the accomplishment of which is beneficial to the |
29 | community. |
30 | Section 153. Article XXV heading of the act is reenacted to |
|
1 | read: |
2 | ARTICLE XXV |
3 | TAXATION |
4 | Section 154. Article XXV subdivision (a) heading of the act |
5 | is amended to read: |
6 | (a) Assessments [and Revisions] of Property for Taxation |
7 | Section 155. Sections 2501, 2502 and 2503 of the act are |
8 | repealed: |
9 | [Section 2501. Election of Assessor; Term; Removal; |
10 | Qualifications.--The council of each city on the first Monday of |
11 | January, one thousand nine hundred and fifty-two, and on the |
12 | first Monday of January in every fourth year thereafter, or as |
13 | soon thereafter as may be conveniently done, shall elect one |
14 | person, resident of the city for at least five years previous to |
15 | his election, a qualified elector thereof, and owner of real |
16 | estate therein, at the time of his election and during the |
17 | entire term of service, of the assessed value of at least five |
18 | hundred dollars, as city assessor, to serve for the term of four |
19 | years from the first Monday of January in the year in which he |
20 | is elected. Any assessor may be removed from office by council |
21 | and the vacancy thus occasioned may be filled in the manner |
22 | hereinafter provided. Council shall not permit any person |
23 | elected assessor to enter upon the duties of said office, nor |
24 | continue in office, when he does not have and possess all of the |
25 | qualifications aforesaid. For this purpose council shall have |
26 | power, by a majority vote of all the members elected thereto, to |
27 | declare the said office of assessor vacant at any time any |
28 | person has not or ceases to have the qualifications aforesaid |
29 | for the said office. They may thereupon fill the vacancy thus |
30 | occasioned, in the manner hereinafter provided for the filling |
|
1 | of vacancies. |
2 | Section 2502. Oath of Assessor; Filling of Vacancies.--The |
3 | said assessor shall, before entering upon his duties, take and |
4 | subscribe the oath prescribed for municipal officers, and file |
5 | the same with the city clerk. Any vacancy happening in said |
6 | office shall be filled by appointment by council, for the |
7 | unexpired term. |
8 | Section 2503. Assistant Assessors; Compensation of Assessors |
9 | and Assistants.--The council may, during each triennial year and |
10 | in the intervening years, appoint such assistant assessors, to |
11 | serve for such length of time as council may authorize, direct, |
12 | or appoint by ordinance. Such assistant assessors shall be |
13 | removable at the pleasure of council. The compensation or salary |
14 | of the city assessor, and of the assistant assessors, if any, |
15 | shall be fixed by ordinance.] |
16 | Section 156. Sections 2503.1 and 2504 of the act, amended or |
17 | added December 13, 1982 (P.L.1192, No.273), are repealed: |
18 | [Section 2503.1. Definitions.--The following words and |
19 | phrases when used in this act shall have, unless the context |
20 | clearly indicates otherwise, the meanings given to them in this |
21 | section: |
22 | "Base year," the year upon which real property market values |
23 | are based for the most recently citywide revision of assessment |
24 | of real property or other prior year upon which the market value |
25 | of all real property of the city is based. Real property market |
26 | values shall be equalized within the city and any changes by the |
27 | board of revision of taxes and appeals shall be expressed in |
28 | terms of such base year values. |
29 | "Board," the board of revision of taxes and appeals in cities |
30 | of the third class. |
|
1 | "Common level ratio," the ratio of assessed value to current |
2 | market value used generally in the county as last determined by |
3 | the State Tax Equalization Board pursuant to the act of June 27, |
4 | 1947 (P.L.1046, No.447), referred to as the State Tax |
5 | Equalization Board Law. |
6 | "Established predetermined ratio," the ratio of assessed |
7 | value to market value established by the city council and |
8 | uniformly applied in determining assessed value in any year. |
9 | Section 2504. Assessment of Property; Duties of Assessor.-- |
10 | (a) The assessor shall make, or cause to be made, during the |
11 | year one thousand nine hundred fifty-four, and every third year |
12 | thereafter, a full, just, equal, and impartial assessment of all |
13 | property, taxable according to the laws of this Commonwealth for |
14 | county purposes, and all matters and things within the city |
15 | subject by law to taxation for city purposes, and a just and |
16 | perfect list of all property exempt by law from taxation, with a |
17 | just valuation of the same. But nothing hereinbefore contained |
18 | shall be construed as making taxable for city purposes the |
19 | classes of personal property which by law are made taxable |
20 | exclusively for county purposes at the rate of four mills. With |
21 | his assessment he shall return such dimension, description, or |
22 | quality of each lot or parcel of land as will be sufficient to |
23 | identify the same, together with the number and kind of |
24 | improvements. At the triennial assessment, the assessor shall, |
25 | if council so directs by ordinance, classify all real estate in |
26 | the city, in such manner and upon such testimony as may be |
27 | adduced before him, so as to distinguish between the buildings |
28 | on land and the land exclusive of the buildings, and he shall |
29 | certify to the council the aggregate valuation of all real |
30 | estate subject to taxation for city purposes within each such |
|
1 | classification. At the next triennial assessment following the |
2 | effective date of this amending act, the assessor shall, if |
3 | council by ordinance so directs, classify all real estate in |
4 | such city in such manner and upon such testimony as may be |
5 | adduced before him so as to distinguish between the buildings on |
6 | land and the land exclusive of the buildings, and he shall |
7 | certify to the council the aggregate valuations of all real |
8 | estate subject to taxation for city purposes within each such |
9 | classification. |
10 | (b) In all cases he shall value, or cause to be valued, the |
11 | property at the actual value thereof. In arriving at actual |
12 | value the city may utilize the current market value or it may |
13 | adopt a base year market value. In arriving at such value the |
14 | price for which any property would separately bona fide sell, or |
15 | the price at which any property may bona fide actually have been |
16 | sold, either in the base year or the current taxable year, shall |
17 | be considered, but shall not be controlling. Instead such |
18 | selling price, estimated or actual, shall be subject to revision |
19 | by increase or decrease to accomplish equalization with other |
20 | similar property within the taxing district. It shall be the |
21 | further duty of the assessor to return annually a list of all |
22 | the inhabitants over eighteen years of age. |
23 | (c) The board shall assess real property at a value based |
24 | upon an established predetermined ratio which may not exceed one |
25 | hundred per centum of actual value. Such ratio shall be |
26 | established and determined by the city council after proper |
27 | notice has been given. |
28 | (d) In arriving at the actual value, all three methods, |
29 | namely, cost (reproduction or replacement, as applicable, less |
30 | depreciation and all forms of obsolescence) comparable sales and |
|
1 | income approaches, must be considered in conjunction with one |
2 | another. |
3 | (e) The board shall apply the established predetermined |
4 | ratio to the actual value of all real property to formulate |
5 | assessment roll.] |
6 | Section 157. Section 2504.1 of the act, added July 29, 1970 |
7 | (P.L.640, No.215), is repealed: |
8 | [Section 2504.1. Temporary Tax Exemption for Residential |
9 | Construction.--(a) As used in this section, the word |
10 | "dwellings" means buildings or portions thereof intended for |
11 | permanent use as homes or residences. |
12 | (b) New single and multiple dwellings constructed for |
13 | residential purposes and improvements to existing unoccupied |
14 | dwellings or improvements to existing structures for purposes of |
15 | conversion to dwellings, shall not be valued or assessed for |
16 | purposes of real property taxes until (1) occupied, (2) conveyed |
17 | to a bona fide purchaser, or (3) one year from the first day of |
18 | the month in which falls the sixtieth day after which the |
19 | building permit was issued or, if no building permit or other |
20 | notification of improvement was required, then from the date |
21 | construction commenced. The assessment of any multiple dwelling |
22 | because of occupancy shall be upon such proportion which the |
23 | value of the occupied portion bears to the value of the entire |
24 | multiple dwelling.] |
25 | Section 158. Section 2505 of the act, amended October 4, |
26 | 1978 (P.L.950, No.188), is repealed: |
27 | [Section 2505. Manner of Assessments.--The assessor may |
28 | assess real estate in the name or names of the registered owner, |
29 | actual owner (legal or equitable), reputed owner, owner of the |
30 | life estate, occupier, vendor, vendees, or any person who has or |
|
1 | has had any connection with the legal title thereof, or an |
2 | interest in the premises, or has charge or control thereof; |
3 | partnership property, in the name of the partnership or in the |
4 | name of the partners, or any of them; trust property, in the |
5 | name of the trustee or trustees, or any of them, or in the name |
6 | of the cestui que trust; property of a minor, in the name of the |
7 | minor or his guardian; property of a lunatic, in the name of the |
8 | lunatic or his guardian or committee; and property formerly |
9 | belonging to a person, since deceased, may be assessed in the |
10 | name of the decedent, or in the name of the estate of said |
11 | decedent, or of his administrator or administrators, executor or |
12 | executors, or his heirs generally, or in the name of any |
13 | administrator, executor, or heir; and in assessing the same in |
14 | the names of the executors, administrators or heirs, it shall |
15 | not be necessary to designate them by their christian or |
16 | surnames; and other property not herein provided for may be |
17 | assessed in the manner the same is assessed for county taxation. |
18 | This provision shall not prevent the collection, under existing |
19 | laws, of any tax assessed against property by a sufficient |
20 | designation or description, where the same has been assessed in |
21 | the name of any person or persons who are not the owners |
22 | thereof. Where lands of owners are part within and part without |
23 | the city limits, they shall be assessed in the same manner and |
24 | within the same jurisdiction as if the same were being assessed |
25 | for county purposes.] |
26 | Section 159. Sections 2506, 2508, 2509, 2510, 2511, 2512, |
27 | 2513, 2514, 2515 and 2516 of the act are repealed: |
28 | [Section 2506. Duties of Assessors in Other Than Triennial |
29 | Years.--In the years between triennial assessments, the said |
30 | assessor shall perform the following duties with reference to |
|
1 | the assessment of property and other matters and subjects of |
2 | taxation, namely: He shall, |
3 | (a) Assess any property which has been omitted, and correct |
4 | any errors of law, fact or judgment which may have been made in |
5 | making the triennial assessment; |
6 | (b) Add to the assessment any property which has ceased to |
7 | be exempt and any property acquired since the triennial |
8 | assessment; |
9 | (c) Add to the value of any real estate the value of any new |
10 | building or other new improvements; |
11 | (d) Deduct from the value of any property any loss caused by |
12 | destruction, injury, or otherwise, howsoever; |
13 | (e) Where tracts as assessed at the triennial assessment |
14 | have been subdivided, equalize and apportion the assessment of |
15 | the lands thus subdivided upon the basis of the value as fixed |
16 | at the triennial assessments upon the whole lot or tracts; |
17 | (f) Where any borough, township, part of a borough or |
18 | township, or any tract or tracts of land, have been added to the |
19 | city, since the last triennial assessment, make a full and |
20 | impartial assessment of the property in the annexed district, |
21 | and return the same in a like manner as if it were a triennial |
22 | assessment; |
23 | (g) When any property has been transferred or disposed of, |
24 | make the proper changes, deductions or transfers upon the proper |
25 | assessment books and duplicates; |
26 | (h) Perform such other duties, as may be prescribed by |
27 | ordinance, necessary to the making of proper assessments or |
28 | valuations. |
29 | Section 2508. Omitted Property to be Assessed; Liability of |
30 | Owner for Back Taxes.--When the said assessor ascertains that |
|
1 | any property is omitted, he shall assess the same for the |
2 | omitted years, but not back further than and including the last |
3 | year of the preceding triennial assessment. The person or party |
4 | owning said omitted property shall be liable for the tax against |
5 | the property for the omitted year or years, at the tax rate |
6 | levied during the omitted year or years, and the proper |
7 | authorities shall make out the proper tax and place the amount |
8 | thereof in the hands of the city treasurer for collection. |
9 | Section 2509. Clerks; Power to Administer Oaths; |
10 | Inventories.--The assessor shall have the right to procure such |
11 | books, maps, et cetera, as may be necessary to the performance |
12 | of his duties, and, when authorized by council, may employ |
13 | clerks for the purpose of transcribing and making duplicate and |
14 | assessment books. He, and each of them, shall have power to |
15 | administer oaths, and to require, under oath, of every taxable |
16 | or person in charge or control of any property, an inventory of |
17 | his taxable property, with his estimate of the just, full, fair, |
18 | and impartial value thereof, and which, in his judgment, the |
19 | same would bring at a fair public sale thereof. Such estimate |
20 | shall not be conclusive, but shall be subject to revision by |
21 | increase, decrease or equalization with other property. |
22 | Section 2510. Information from Real Estate Registry Office; |
23 | Sufficiency of Descriptions.--Where any city has established a |
24 | registry of real estate by law, the assessor shall have the |
25 | right to obtain from the official in charge of said registry |
26 | such information as to the registered owners of real estate as |
27 | said department is able to furnish, and under such rules and |
28 | regulations as shall be established by ordinance of council. It |
29 | shall be a sufficient description of any real estate in any |
30 | assessment books or duplicates to designate the same by such |
|
1 | city lot number, other number or designation, as is used on the |
2 | registry. |
3 | Section 2511. Time of Completion of Assessments.--The |
4 | assessor shall complete his triennial assessment, and the annual |
5 | assessments in intervening years, on or before the first day of |
6 | September in each year, or as soon thereafter as practicable. He |
7 | may, with the approval of the board of revision and appeals, add |
8 | to the duplicates in the hands of the city treasurer any subject |
9 | of taxation omitted therefrom, and rectify any and all errors |
10 | and mistakes made therein. |
11 | Section 2512. Liability for Neglect.--Any assessor or |
12 | assessors who shall wilfully omit, neglect, or refuse to assess |
13 | any property liable to taxation shall be held responsible to the |
14 | city for any loss or damage caused thereby. |
15 | Section 2513. Ordinances to Regulate Assessments, Transfers, |
16 | Appeals, Et Cetera.--The council of each city may pass such |
17 | ordinances as it may deem proper and necessary, providing for |
18 | and regulating the manner of making the assessments, valuations, |
19 | and transfers, and the taking of appeals to the board of |
20 | revision and appeal, and regulating proceedings before said |
21 | board on any and all matters not specifically provided for in |
22 | this act. |
23 | Section 2514. Board of Revision of Taxes and Appeals.--The |
24 | council of each city shall constitute the board of revision of |
25 | taxes and appeals, and the city clerk shall serve as clerk |
26 | thereof. |
27 | Section 2515. New Assessments.--The council, in any years |
28 | other than a triennial year, if it shall deem a new assessment |
29 | necessary, may, on or before the first day of May, issue its |
30 | precept to the city assessor and by ordinance or resolution |
|
1 | require him to make out and return a full, just, and equal |
2 | assessment of property within the city, or such parts thereof as |
3 | may be deemed advisable. |
4 | Section 2516. Revision of Assessments.--The said board of |
5 | revision of taxes and appeals shall take and receive the |
6 | triennial and yearly assessment as returned by the city |
7 | assessor, and may revise, equalize, and alter such assessments, |
8 | in any and every year, by increasing or reducing the valuation |
9 | either in individual cases or by wards, or parts of wards; |
10 | rectify all errors, and add to the assessment book, and to the |
11 | duplicate thereof in the hands of the city treasurer, any |
12 | property or person subject to taxation omitted therefrom, and |
13 | any real estate in such city which has been exempt from |
14 | taxation, and has ceased to be occupied and used for the purpose |
15 | or purposes which entitled it to such exemption, as taxable for |
16 | the portion of the year commencing at the time when the right to |
17 | exemption ceases. Such property shall thereupon become subject |
18 | to taxation, at the rate fixed for the year, for the |
19 | proportionate part of the year during which it is not entitled |
20 | to exemption.] |
21 | Section 160. Section 2516.1 of the act, amended July 29, |
22 | 1970 (P.L.640, No.215), is repealed: |
23 | [Section 2516.1. Additions and Revisions to Duplicates.-- |
24 | Whenever in any city there is any construction of a building or |
25 | buildings not otherwise exempt as a dwelling after the city |
26 | council has prepared a duplicate of the assessment of city taxes |
27 | and the building is not included in the tax duplicate of the |
28 | city, the authority responsible for assessments in the city |
29 | shall, upon the request of the city council, direct the assessor |
30 | in the city to inspect and reassess, subject to the right of |
|
1 | appeal and adjustment provided by the act of Assembly under |
2 | which assessments are made, all taxable property in the city to |
3 | which major improvements have been made after the original |
4 | duplicates were prepared and to give notice of such |
5 | reassessments within ten days to the authority responsible for |
6 | assessments, the city and the property owner. The property shall |
7 | then be added to the duplicate and shall be taxable for city |
8 | purposes at the reassessed valuation for that proportionate part |
9 | of the fiscal year of the city remaining after the property was |
10 | improved. Any improvement made during the month shall be |
11 | computed as having been made on the first of the month. A |
12 | certified copy of the additions or revisions to the duplicate |
13 | shall be furnished by the city council to the city treasurer, |
14 | together with their warrant for collection of the same, and |
15 | within ten days thereafter the city treasurer shall notify the |
16 | owner of the property of the taxes due the city.] |
17 | Section 161. Section 2517 of the act is repealed: |
18 | [Section 2517. Hearing of Appeals.--The board of revision of |
19 | taxes and appeals may require the attendance of the assessor and |
20 | assistant assessors, or any of them, or other citizens, before |
21 | them for examination on oath or affirmation. It shall hear and |
22 | determine all appeals by taxpayers from the assessments made by |
23 | the city assessor, at such time and place as it may prescribe, |
24 | conformably with law as to notice to the taxable and his filing |
25 | of notice of intention to appeal.] |
26 | Section 162. Section 2518 of the act, amended December 13, |
27 | 1982 (P.L.1192, No.273), is repealed: |
28 | [Section 2518. Notice to Taxables of Assessments; Appeals.-- |
29 | (a) The assessor shall give, or cause to be given, printed or |
30 | written notice to each taxable of the city, whose property is |
|
1 | newly assessed, or whose last previous assessment has been |
2 | changed, of the amount of the present assessment, valuation and |
3 | ratio and the new assessment, valuation and ratio. The said |
4 | notice shall not be required to be given to any taxable whose |
5 | property assessment was not changed as a result of any triennial |
6 | assessment. The said notice shall also inform the taxable of the |
7 | requirements of this section as to appealing from any |
8 | assessment. Such notice may be served personally or by posting |
9 | on the premises or by mailing the same to the last known address |
10 | of the taxable. |
11 | (b) Notice similar to that provided for in subsection (a) |
12 | shall be given when the city changes the established |
13 | predetermined ratio. |
14 | (c) Any person dissatisfied or aggrieved by any assessment, |
15 | or any change thereof, made by the assessor, may appeal to the |
16 | said board of revision of taxes and appeals, by filing with the |
17 | board a statement in writing of intention to appeal, setting |
18 | forth: |
19 | (1) The assessment or assessments by which such person feels |
20 | aggrieved; |
21 | (2) The address to which the board shall mail notice of when |
22 | and where to appear for hearing. |
23 | (d) The statement of intention to appeal shall be filed with |
24 | the said board not later than thirty days after the notice of |
25 | assessment has been mailed to the taxable at his last known |
26 | address, or has been served upon him personally, or has been |
27 | posted upon the premises. No appeal shall be permitted except |
28 | upon such a statement of intention as herein required, nor may |
29 | any taxable appeal as to an assessment not designated in his |
30 | statement of intention to appeal. The board shall fix the time |
|
1 | and place of hearing appeals and shall give at least five days |
2 | notice to the taxable. |
3 | (e) Any triennial assessment made prior to the effective |
4 | date of this amending act, which did not change a property |
5 | assessment, is hereby validated irrespective of whether or not |
6 | written or printed notice of such assessment was given to the |
7 | taxable.] |
8 | Section 163. Section 2519 of the act is repealed: |
9 | [Section 2519. Power of Assessor to Administer Oaths.--For |
10 | the purposes of all hearings, and for all other purposes |
11 | necessary to the discharge of his duties, the assessor shall |
12 | have authority to administer oaths and affirmations touching any |
13 | matter relating thereto.] |
14 | Section 164. Sections 2520 and 2521 of the act, amended |
15 | December 13, 1982 (P.L.1192, No.273), are repealed: |
16 | [Section 2520. Custody of Assessment Books; Completion of |
17 | Work of Board.--(a) The board of revision of taxes and appeals |
18 | shall procure and have the custody and control of all books |
19 | relating to assessment of city taxes, and keep them arranged |
20 | according to wards and dates, and shall furnish the city |
21 | assessor the necessary books for making the assessment, which, |
22 | on the completion of such assessment, shall be returned to such |
23 | board of revision of taxes and appeals. The board shall complete |
24 | its labors, and the hearing and determination of all appeals, on |
25 | or before the first day of December of each year, or as soon |
26 | thereafter as practicable, after which the assessment shall be |
27 | copied, by wards, into a tax duplicate or duplicates for the use |
28 | of the city. The assessment, so corrected and copied, shall be |
29 | and remain a lawful assessment for the purpose of city taxation |
30 | until altered as provided in this article. The board shall give |
|
1 | notice in writing within five days after its disposition of each |
2 | appeal, advising the taxable of its decision. |
3 | (b) In any appeal of an assessment the board shall make the |
4 | following determinations: |
5 | (1) The current market value for the tax year in question. |
6 | (2) The common level ratio. |
7 | (c) The board, after determining the current market value of |
8 | the property for the tax year in question, shall then apply the |
9 | established predetermined ratio to such value unless the common |
10 | level ratio varies by more than fifteen per centum from the |
11 | established predetermined ratio, in which case the board shall |
12 | apply the common level ratio to the current market value of the |
13 | property for the tax year in question. |
14 | (d) Nothing herein shall prevent any appellant from |
15 | appealing any base year valuation without reference to ratio. |
16 | Section 2521. Appeals from Decisions of Board; Costs.--(a) |
17 | Any owner of taxable property who may feel aggrieved by the |
18 | decision of the board of revision of taxes and appeals as to the |
19 | assessment or valuation of his taxable property may appeal from |
20 | the decision of the board of revision of taxes and appeals to |
21 | the court of common pleas of the county within which such |
22 | property is situated, and, for that purpose, may present to said |
23 | court, or file in the prothonotary's office, within sixty days |
24 | after mailing notice to him that the board of revision of taxes |
25 | and appeals have held the appeals provided for by law and acted |
26 | on the said assessments and valuations, a petition signed by |
27 | him, his agent, or attorney, setting forth the facts of the |
28 | case. The court shall thereupon, after notice to the said board |
29 | of revision of taxes and appeals, hear the said appeal and the |
30 | proofs in the case, and make such orders and decrees touching |
|
1 | the matter complained of as to the judges of said court may seem |
2 | just and equitable, having due regard to the valuation and |
3 | assessment made of other property in such city. The costs of the |
4 | appeal and hearing shall be apportioned or paid as the court may |
5 | direct. The said appeals shall not, however, prevent the |
6 | collection of the taxes complained of, but in case the same |
7 | shall be reduced, then the excess shall be returned to the |
8 | person or persons who shall have paid the same. |
9 | (b) In any appeal of an assessment the court shall make the |
10 | following determinations: |
11 | (1) The current market value for the tax year in question. |
12 | (2) The common level ratio. |
13 | (c) The court, after determining the current market value of |
14 | the property for the tax year in question, shall then apply the |
15 | established predetermined ratio to such value unless the common |
16 | level ratio varies by more than fifteen per centum from the |
17 | established predetermined ratio, in which case the court shall |
18 | apply the common level ratio to the current market value of the |
19 | property for the tax year in question. |
20 | (d) Nothing herein shall prevent any appellant from |
21 | appealing any base year valuation without reference to ratio.] |
22 | Section 165. The act is amended by adding a section to read: |
23 | Section 2522. Assessment Powers.--(a) With regard to the |
24 | valuing and assessing of property for taxation within a city, |
25 | the following shall apply: |
26 | (1) If, on the effective date of this section, a city is |
27 | utilizing the county assessment office for the valuation and |
28 | assessment of property, the city shall continue to utilize the |
29 | county assessment office for this purpose. |
30 | (2) If clause (1) does not apply, council may appoint and |
|
1 | employ persons to value and assess property for taxation within |
2 | a city, following the procedures and methodologies set forth in |
3 | the assessment law or laws applicable in the county in which the |
4 | city is located, provided that the act of April 16, 1992 |
5 | (P.L.155, No.28), known as the "Assessors Certification Act," |
6 | shall apply to persons hired pursuant to this clause. |
7 | (3) If clause (2) applies, a city may subsequently elect to |
8 | utilize the county assessment office to value and assess |
9 | property. |
10 | (4) (i) A city, conducting its own assessments as |
11 | authorized by clause (2), or utilizing the county assessment |
12 | office pursuant to clause (1) or (3), may, by ordinance, adopt |
13 | an established predetermined ratio different from that used by |
14 | the county. The city shall apply the ratio selected to the |
15 | actual valuation supplied by the county to determine assessed |
16 | value for tax purposes. The established predetermined ratio |
17 | selected by the city may not exceed one hundred per centum of |
18 | actual value. |
19 | (ii) As used in this clause, "established predetermined |
20 | ratio" shall mean the ratio of assessed value to market value |
21 | established by the city council and uniformly applied in |
22 | determining assessed value in any year. |
23 | (5) A city that is utilizing the county assessment office in |
24 | accordance with clause (1) or which elects to utilize the county |
25 | assessment office in accordance with clause (3) may not |
26 | thereafter appoint and employ persons to value and assess |
27 | property in accordance with clause (2). |
28 | (b) In any case in which a city appoints persons to value |
29 | and assess property, the following shall apply: |
30 | (1) If the property being assessed is not wholly within the |
|
1 | city limits, it shall be assessed in the same manner and within |
2 | the same jurisdiction as if the same were being assessed for |
3 | county purposes. |
4 | (2) If a city has established a registry of real estate, it |
5 | may obtain for purposes of assessment, from the official in |
6 | charge of the registry, available information as to the |
7 | registered owners of real estate, under rules and regulations as |
8 | may be established by ordinance. It shall be a sufficient |
9 | description of any real estate in any assessment books or |
10 | duplicates to designate the same by such city lot number, other |
11 | number or designation, as is used on the registry. |
12 | (3) For purposes of assessment appeals, council shall |
13 | constitute the board of revision of taxes and appeals and the |
14 | city clerk shall serve as clerk thereof. |
15 | (4) Except as authorized in this section, the city shall not |
16 | exercise powers contrary to or in limitation or enlargement of |
17 | powers granted by statutes that provide the substantive rules |
18 | governing the making of assessments and valuations of property |
19 | which are applicable to the assessment of property for taxation |
20 | purposes under the county assessment law or laws applicable in |
21 | the county in which the city is located. |
22 | (5) A city conducting its own assessments pursuant to |
23 | subsection (a)(2) shall establish and follow procedures that are |
24 | consistent with similar procedures provided in the assessment |
25 | law or laws applicable in the county in which the city is |
26 | located, including, but not limited to, providing notice of an |
27 | opportunity to appeal assessments, for taking appeals to and |
28 | from the board of appeals and for the conduct of proceedings |
29 | before the board. |
30 | (c) A temporary tax exemption for residential construction |
|
1 | shall be subject to the following: |
2 | (1) New single and multiple dwellings constructed for |
3 | residential purposes and improvements to existing unoccupied |
4 | dwellings or improvements to existing structures for purposes of |
5 | conversion to dwellings shall not be valued or assessed for |
6 | purposes of real property taxes until: |
7 | (i) occupied; |
8 | (ii) conveyed to a bona fide purchaser; or |
9 | (iii) one year from the first day of the month in which |
10 | falls the sixtieth day after which the building permit was |
11 | issued or, if no building permit or other notification of |
12 | improvement was required, then from the date construction |
13 | commenced. |
14 | (2) The assessment of any multiple dwelling because of |
15 | occupancy shall be upon such proportion which the value of the |
16 | occupied portion bears to the value of the entire multiple |
17 | dwelling. |
18 | (3) As used in this subsection, the word "dwellings" means |
19 | buildings or portions thereof intended for permanent use as |
20 | homes or residences. |
21 | Section 166. The heading of subdivision (b) of Article XXV |
22 | of the act is reenacted to read: |
23 | (b) Levy and Collection |
24 | Section 167. Section 2531 of the act, amended November 19, |
25 | 1959 (P.L.1519, No.534), August 3, 1967 (P.L.199, No.63), June |
26 | 16, 1972 (P.L.443, No.135) and May 22, 1981 (P.L.71, No.20) and |
27 | repealed in part December 13, 1988 (P.L.1121, No.145), is |
28 | amended to read: |
29 | Section 2531. Tax Levies.--(a) Council may, by ordinance, |
30 | levy and, in accordance with this act, provide for the |
|
1 | collection of [the following taxes: |
2 | 1. A tax for general revenue purposes on all persons and |
3 | property taxable according to the laws of the Commonwealth for |
4 | county purposes: the valuation of such property to be assessed |
5 | as hereinbefore provided. |
6 | 2. An annual tax sufficient to pay interest and principal on |
7 | any indebtedness incurred pursuant to the act of July 12, 1972 |
8 | (P.L.781, No.185), known as the "Local Government Unit Debt |
9 | Act," or any prior or subsequent act governing the incurrence of |
10 | indebtedness of the city. |
11 | 3. A residence tax for general revenue purposes, not |
12 | exceeding five dollars annually, on all inhabitants above the |
13 | age of eighteen years. Any ordinance of council fixing the rate |
14 | of taxation for any year at a mill rate shall also include a |
15 | statement expressing the rate of taxation in dollars and cents |
16 | on each one hundred dollars of assessed valuation of taxable |
17 | property. |
18 | 4. The council of any city may, by ordinance, in any year |
19 | levy separate and different rates of taxation for city purposes |
20 | on all real estate classified as land, exclusive of the |
21 | buildings thereon, and on all real estate classified as |
22 | buildings on land. When real estate tax rates are so levied, (i) |
23 | the rates shall be determined by the requirements of the city |
24 | budget as approved by council, (ii) higher rates may be levied |
25 | on land if the respective rates on lands and buildings are so |
26 | fixed so as not to constitute a greater levy in the aggregate |
27 | than a rate of twenty-five mills on both land and buildings, and |
28 | (iii) they shall be uniform as to all real estate within such |
29 | classification. |
30 | 5. Where the city council by a majority action shall, upon |
|
1 | due cause shown, petition the court of quarter sessions for the |
2 | right to levy additional millage, the court, after such public |
3 | notice as it may direct and after hearing, may order a greater |
4 | rate than twenty-five mills but not exceeding five additional |
5 | mills to be levied.] taxes on all property within the city that |
6 | is made taxable for city purposes and subject to valuation and |
7 | assessment by the county assessment office or the city, as |
8 | provided in subdivision (a), as follows: |
9 | (1) A tax for general revenue purposes not exceeding thirty |
10 | mills. |
11 | (2) An annual tax sufficient to pay interest and principal |
12 | on any indebtedness incurred pursuant to 53 Pa.C.S. Pt. VII |
13 | Subpt. B (relating to indebtedness and borrowing) or any prior |
14 | or subsequent act governing the incurrence of indebtedness of |
15 | the city. |
16 | (3) An annual tax, not to exceed five mills, to light the |
17 | highways, roads and other public places in the city. |
18 | (4) An annual tax for the purpose of maintaining and |
19 | operating recreation places and programs. |
20 | (5) An annual tax, not to exceed the sum of one-tenth of one |
21 | mill, for the purpose of defraying the cost and expense of |
22 | caring for shade trees and the administrative expenses connected |
23 | therewith, or council may provide for such expenses by |
24 | appropriation from the General Fund. |
25 | (b) Council may, by ordinance, levy and, in accordance with |
26 | this act, provide for the collection of a residence tax for |
27 | general revenue purposes, not exceeding five dollars annually, |
28 | on all inhabitants who are eighteen years of age or older. |
29 | (c) With regard to the taxes authorized in subsection (a), |
30 | the following shall apply: |
|
1 | (1) Special purpose levies authorized in this section shall |
2 | not be included in calculating the thirty-mill limit imposed by |
3 | subsection (a). |
4 | (2) Any ordinance fixing the rate of taxation for any year |
5 | at a millage rate shall also include a statement expressing the |
6 | rate of taxation in dollars and cents on each hundred dollars of |
7 | assessed valuation of taxable property. |
8 | (3) The council of any city may, by ordinance, in any year |
9 | levy separate and different rates of taxation for city purposes |
10 | on all real estate classified as land, exclusive of the |
11 | buildings thereon, and on all real estate classified as |
12 | buildings on land. When real estate tax rates are so levied: |
13 | (i) The rates shall be determined by the requirements of the |
14 | city budget as approved by council. |
15 | (ii) The respective rates levied on land and buildings do |
16 | not have to be equal but must be so fixed so as not to |
17 | constitute a greater levy in the aggregate than a rate of thirty |
18 | mills on both land and buildings. |
19 | (iii) The rates shall be uniform as to all real estate |
20 | within such classification. |
21 | (4) Where the city council by a majority action shall, upon |
22 | due cause shown, petition the court of common pleas for the |
23 | right to levy additional millage for general revenue purposes, |
24 | the court, after such public notice as it may direct and after |
25 | hearing, may order a greater rate than thirty mills but not |
26 | exceeding five additional mills to be levied. |
27 | (5) (i) Notwithstanding council's power to authorize the |
28 | transfer of an unexpended balance of an appropriation item |
29 | pursuant to section 1804, when any moneys are collected for any |
30 | special purpose, no city treasurer or council member may apply |
|
1 | those moneys to any purpose other than that for which they were |
2 | collected. |
3 | (ii) Any city treasurer or council member who violates |
4 | subclause (i) commits a misdemeanor of the third degree, and, in |
5 | addition to the fine or penalty which may be imposed upon |
6 | conviction, shall be required to pay restitution in the amount |
7 | of moneys improperly spent. |
8 | Section 168. Section 2531.1 of the act, amended November 26, |
9 | 1982 (P.L.759, No.214) and repealed in part December 13, 1988 |
10 | (P.L.1121, No.145), is amended to read: |
11 | Section 2531.1. Exemptions from Taxation.--The council of |
12 | any city may, by ordinance or resolution, exempt any person |
13 | whose total income from all sources is less than [five] twelve |
14 | thousand dollars [($5,000)] ($12,000) per annum from any per |
15 | capita or [resident's] residence tax levied under this act. This |
16 | exemption shall not apply to real property taxes. |
17 | Section 169. The act is amended by adding a section to read: |
18 | Section 2531.2. Certification of Schedule.--For the purpose |
19 | of delinquent tax collection and the filing of liens on property |
20 | upon which the taxes, assessed and levied, have not been paid |
21 | and have become delinquent, the treasurer shall certify |
22 | schedules of unpaid taxes. The certification shall be made to |
23 | the person designated by each taxing district for which the |
24 | treasurer collects taxes. |
25 | Section 170. Sections 2532, 2533 and 2534 of the act are |
26 | repealed: |
27 | [Section 2532. City Treasurer to Be Tax Collector.--The city |
28 | treasurer, by virtue of his office, shall be the collector of |
29 | the city, county, school, and institution district taxes, |
30 | assessed or levied in the city by the proper authorities |
|
1 | therein. |
2 | Section 2533. Oath of City Treasurer as Collector of |
3 | Taxes.--At the time the city treasurer enters upon his duties, |
4 | he shall take and subscribe his oath of office as collector of |
5 | city, county, school, and institution district taxes, which oath |
6 | shall be filed with the city clerk. |
7 | Section 2534. Office for Receipt of Taxes; Supplies.--The |
8 | city treasurer, as collector of taxes, shall keep his office in |
9 | the same place occupied by him as city treasurer, which shall be |
10 | kept open for the receipt of taxes at all times during business |
11 | hours. All printing and stationery supplies shall be furnished |
12 | by the proper authorities, respectively.] |
13 | Section 171. Section 2535 of the act, amended December 14, |
14 | 1967 (P.L.828, No.355), is repealed: |
15 | [Section 2535. Date of Delivery of Duplicate; Collection.-- |
16 | The council of each city and the county and county institution |
17 | district authorities, now empowered or which may be hereafter |
18 | empowered to levy taxes upon persons and property within the |
19 | city, shall, within thirty days after the adoption of the budget |
20 | or within thirty days after receipt of the assessment roll from |
21 | the county whichever is later, make out and deliver their |
22 | respective duplicates of taxes assessed to the city treasurer, |
23 | as the collector of the said taxes, which shall be collected by |
24 | the city treasurer, by virtue of his office as aforesaid. The |
25 | proper school authorities shall make out and deliver the school |
26 | duplicates of their respective taxes in such city at the time |
27 | and in the manner provided by the school laws of the |
28 | Commonwealth. All duplicates of taxes placed in the hands of |
29 | said treasurer shall at all times be open to proper inspection |
30 | of the taxpayers and of the proper auditing and examining |
|
1 | officers of said city, county or school district, as the case |
2 | may be, and shall be delivered by said treasurer at the |
3 | expiration of his term to his successor in office.] |
4 | Section 172. Sections 2536, 2537 and 2538 of the act are |
5 | repealed: |
6 | [Section 2536. Deposits.--The city treasurer as collector of |
7 | taxes shall pay over to himself as city treasurer, in accordance |
8 | with the provisions of the Local Tax Collection Law, all the |
9 | city taxes collected by him. He shall at the same time deposit |
10 | all the city taxes so paid over to him into a bank or financial |
11 | institution, which shall be a city depository named by the city |
12 | council. All such deposits shall be made in the name of the city |
13 | treasurer as such, or in the name of the city, as council may |
14 | provide. |
15 | Section 2537. Tax Liens; Schedule of Uncollected Taxes; |
16 | Liability for False Return.--Upon the settlement of the |
17 | duplicates of city, county, institution district, and school |
18 | taxes which by law are made a lien on real estate, the city |
19 | treasurer, as collector of said taxes, shall make out schedules |
20 | of said city, county, school, or institution district taxes |
21 | uncollected upon his duplicates, or those delivered to him by |
22 | his predecessor, with a brief description of the properties |
23 | against which the same are assessed, for the purpose of having |
24 | the same entered for lien or sold, according to law. The failure |
25 | of the said collector to collect the said taxes from personal |
26 | property, when the same could have been collected shall not |
27 | impair the lien thereof or affect any sale made for the |
28 | collection thereof. In case any such collector shall make any |
29 | wilfully false return, he shall be liable therefor to any person |
30 | or persons injured thereby. |
|
1 | Section 2538. Certification of Schedule.--The schedule of |
2 | unpaid city taxes shall be certified by the city treasurer, as |
3 | collector of taxes, to the city solicitor for filing in court, |
4 | with the like force and effect as if certified by the city |
5 | treasurer under existing laws. The schedule of unpaid school and |
6 | institution district taxes shall be certified to such officer or |
7 | person as is now, or shall hereafter be, designated to receive |
8 | the same for filing as a lien in court; and where no such person |
9 | is designated, the said schedule may be certified to the |
10 | solicitor of the authority levying the tax, who may cause the |
11 | said taxes to be registered as a lien in court, under existing |
12 | laws, and the certifying of the said schedules by the city |
13 | treasurer, as a collector, shall in all cases have the like |
14 | effect as if the same had been certified by the city treasurer, |
15 | as aforesaid.] |
16 | Section 173. Article XXV subdivision (c) heading of the act |
17 | is reenacted to read: |
18 | (c) Sales of Real Estate for Delinquent Taxes |
19 | Section 174. Section 2541 of the act, amended April 29, 1998 |
20 | (P.L.294, No.47), is repealed: |
21 | [Section 2541. Public Sale of Property to Satisfy Tax |
22 | Claims.--(a) In addition to other remedies provided for the |
23 | collection of delinquent city taxes, the city treasurer may sell |
24 | at public sale, in the manner hereinafter provided, any property |
25 | upon which the taxes, assessed and levied, have not been paid |
26 | and have become delinquent, unless such property has already |
27 | been purchased and is held for the benefit of all the tax |
28 | levying authorities concerned. |
29 | (b) For purposes of this section, taxes shall be considered |
30 | delinquent thirty days after the final deadline for payment of |
|
1 | such taxes for the current tax year.] |
2 | Section 175. Section 2542 of the act is repealed: |
3 | [Section 2542. Time of Holding Sales.--Such sales shall be |
4 | made on the first Monday in June, in the year succeeding the |
5 | year in which the respective taxes are assessed and levied, or |
6 | on any day to which such sale may be adjourned, or on any first |
7 | Monday of June in any succeeding year.] |
8 | Section 176. The act is amended by adding a section to read: |
9 | Section 2542.1. Public Sale of Property to Satisfy Tax |
10 | Claims.--(a) Property upon which city real estate taxes have |
11 | not been paid and have become delinquent may become subject to |
12 | public sale in accordance with one of the following: |
13 | (1) The act of July 7, 1947 (P.L.1368, No.542), known as the |
14 | "Real Estate Tax Sale Law." |
15 | (2) The act of May 16, 1923 (P.L.207, No.153), referred to |
16 | as the Municipal Claim and Tax Lien Law. |
17 | (b) The remedies authorized in this section shall be in |
18 | addition to other remedies provided for the collection of |
19 | delinquent city taxes, including an action in assumpsit. |
20 | (c) Unless otherwise provided in the statutes referred to in |
21 | subsection (a), taxes shall become delinquent thirty days after |
22 | the final deadline for payment of such taxes for the current tax |
23 | year. |
24 | Section 177. Section 2543 of the act is amended to read: |
25 | Section 2543. Certification of Schedules [of Taxes.--Where |
26 | the treasurer has not already in his hands the duplicates of |
27 | said taxes, or certificates or schedules thereof, any receiver |
28 | or collector of taxes, or other person having such delinquent |
29 | taxes in his hands, shall certify to the city treasurer |
30 | schedules of all unpaid taxes, with descriptions of the property |
|
1 | assessed.] to Treasurer.--At the request of the treasurer, any |
2 | person acting on behalf of the city who possesses a schedule of |
3 | unpaid city taxes shall certify the schedule to the treasurer |
4 | along with the description of property against which the unpaid |
5 | taxes were assessed. |
6 | Section 178. Section 2544 of the act is repealed: |
7 | [Section 2544. Advertisement of Sales.--The city treasurer |
8 | shall advertise for sale any of the property upon which it |
9 | appears the taxes have not been paid, as shown by the duplicates |
10 | in his hands, or by the returns or schedules certified to him, |
11 | as aforesaid. Said advertisement shall be made, once a week for |
12 | three successive weeks prior to the day of sale, in at least two |
13 | newspapers of general circulation, printed and published in the |
14 | city, and, in case two newspapers are not published in said |
15 | city, then publication shall be made in two newspapers printed |
16 | and published in the county in which the city is situate. The |
17 | city treasurer shall also cause to be posted or tacked, in a |
18 | conspicuous place on each parcel or lot of land advertised for |
19 | sale, at least ten days prior to the day of sale, a notice |
20 | stating that said property will be sold by said treasurer, for |
21 | delinquent taxes, on a certain day and time, and at a certain |
22 | place within the city, for which posting of notice he shall |
23 | receive and tax as costs twenty-five cents for each notice. No |
24 | sale shall be valid where the taxes have been paid prior to said |
25 | advertisement, or where the taxes and costs have been paid after |
26 | advertisement and before sale.] |
27 | Section 179. Section 2546 of the act is amended to read: |
28 | Section 2546. Record of Sales [to be Kept; City May]; |
29 | Purchase [Lands at Sale.--] and Resale.--(a) The treasurer |
30 | shall keep in his or her office, or in such other place as |
|
1 | council may direct, a [book, in which he shall enter] record of |
2 | all the sales made [by him, giving a description of each |
3 | property sold, the name of the person as the owner thereof as |
4 | the same appears upon the duplicate, or has been returned to |
5 | him, the time of sale and the price at which sold, together with |
6 | the cost. The] pursuant to section 2542.1. |
7 | (b) Notwithstanding any other provision of law, the city |
8 | shall have the right to bid[, at any such sale, the amount of |
9 | taxes and costs, and, if necessary, purchase such lands] on and |
10 | purchase properties sold pursuant to section 2542.1. |
11 | (c) Properties purchased by the city under subsection (b) |
12 | may be sold in accordance with section 2402.1(b). |
13 | Section 180. Sections 2547 and 2548 of the act are repealed: |
14 | [Section 2547. Payment of Purchase Price by Purchaser; |
15 | Resale for Default.--Any purchaser or purchasers at said |
16 | treasurer's sale, except the city, as soon as the property is |
17 | struck down, shall pay the amount of the purchase money, or such |
18 | part thereof as may be necessary to pay all the taxes and costs, |
19 | as also one dollar and fifty cents for the use of the |
20 | prothonotary, for entering the report of the treasurer, filing |
21 | surplus bond, and acknowledgment of the treasurer's deed, as |
22 | hereinafter mentioned. In case said amount is not forthwith |
23 | paid, after the property is struck down, the sale may be avoided |
24 | and the property put up again by the city treasurer, at said |
25 | sale or at any subsequent sale. |
26 | Section 2548. Return of Sale.--The city treasurer shall |
27 | promptly make a report and return to the court of common pleas, |
28 | wherein he shall set forth, (a) a brief description of each |
29 | parcel of real estate sold; (b) the name of the person (where |
30 | known), in which the same is assessed; (c) the amount of tax, |
|
1 | and the year for which the same was assessed; (d) the time when |
2 | and the names of the newspapers in which the advertisement for |
3 | sale was made, with a copy of said advertisement; (e) the time |
4 | of sale; (f) the name of the purchaser; and (g) the price for |
5 | which each respective property was sold.] |
6 | Section 181. Section 2549 of the act, repealed in part June |
7 | 3, 1971 (P.L.118, No.6), is repealed: |
8 | [Section 2549. Confirmation of Sale; Disposition of |
9 | Objections.--Upon the presentation of said report or return, if |
10 | it shall appear to said court that such sale has been regularly |
11 | conducted, under the provisions of this subdivision (c) of this |
12 | article, the said report and sales so made shall be confirmed |
13 | nisi; in case no objections or exceptions are filed to any such |
14 | sale in the office of the prothonotary within ninety days from |
15 | the date of such confirmation, a decree of absolute confirmation |
16 | shall be entered, as of course, by the prothonotary. Any |
17 | objections or exceptions to such a sale may raise the legality |
18 | of the taxes for nonpayment of which the real estate was sold or |
19 | the return thereof, or the validity of the sale for the reason |
20 | that the tax was actually paid, or question the regularity or |
21 | legality of the proceedings of the treasurer in any respect. In |
22 | case any objections or exceptions are filed, they shall be |
23 | disposed of according to the practice of the court, and, when |
24 | the same are overruled or set aside, a decree of absolute |
25 | confirmation shall be entered by the court. If such objections |
26 | or exceptions are sustained and the court deems the defect not |
27 | amendable, it shall, by its order or decree, invalidate the |
28 | sale. If no objections or exceptions are filed as herein |
29 | provided, or if such objections or exceptions are finally |
30 | overruled and the sale confirmed absolutely, the validity of the |
|
1 | assessment of the tax and the validity of the proceedings of the |
2 | treasurer, with respect to such sale, shall not thereafter be |
3 | inquired into judicially in equity or by civil proceedings by |
4 | the person or persons in whose name such property was sold, his, |
5 | her or their heirs, or his, her or their grantees or assigns, |
6 | subsequent to the date of the assessment of the taxes for which |
7 | such sale was made, and such sale, after the period of |
8 | redemption shall be terminated, shall be deemed to pass a good |
9 | and valid title to the purchaser as against the person or |
10 | persons in whose name such property was sold, provided the |
11 | purchaser has filed the bond for surplus moneys as hereinafter |
12 | provided.] |
13 | Section 182. Section 2550 of the act is repealed: |
14 | [Section 2550. Filing of Surplus Bond.--After any sale of |
15 | property or lands for delinquent taxes has been confirmed by the |
16 | court, as aforesaid, the purchaser or purchasers, where the bid |
17 | exceeds the taxes and costs as aforesaid, shall make and execute |
18 | to the said treasurer for the use of the persons entitled, a |
19 | bond for the surplus money that may remain after satisfying and |
20 | paying all the taxes and costs, as aforesaid, with warrant of |
21 | attorney to confess judgment annexed thereto. The treasurer |
22 | shall forthwith file said bond in the office of the prothonotary |
23 | of the proper county, at the number and term where said report |
24 | and return is filed. The surplus bond, filed as aforesaid, from |
25 | the time of the date of the deed for property thus sold, shall |
26 | bind as effectually, and in like manner as judgments, the land |
27 | by said treasurer sold, into whose hands or possession they may |
28 | come. The owners of said lands at the time of sale, their heirs |
29 | or assigns or other legal representatives, may, at any time |
30 | within five years after such sale, cause judgment to be entered |
|
1 | in said court upon said bond, in the name of said treasurer, for |
2 | the use of said owners, their heirs, assigns or legal |
3 | representatives, as the case may be. In case the moneys |
4 | mentioned in said bonds, with legal interest thereon from the |
5 | time it is demanded, be not paid within three months after such |
6 | entry, execution may forthwith issue for the recovery thereof.] |
7 | Section 183. Section 2551 of the act, amended August 17, |
8 | 1951 (P.L.1262, No.299), is repealed: |
9 | [Section 2551. Acknowledgment and Delivery of Deeds.--When |
10 | the purchaser has paid the amount of his bid, or such portion |
11 | thereof as he is required to pay under this subdivision, and has |
12 | given the surplus bond as above required, the city treasurer |
13 | shall make the said purchasers, his or their heirs or assigns, a |
14 | deed in fee simple for the lands sold, as aforesaid, and the |
15 | said deed or deeds duly acknowledge in the court of common |
16 | pleas. Such acknowledgment shall be duly entered and recorded by |
17 | the prothonotary of said court in the treasurer's deed book. For |
18 | such service and the entry of the report of the city treasurer, |
19 | and filing surplus bond, the prothonotary shall receive the sum |
20 | of one dollar and fifty cents for each property sold.] |
21 | Section 184. Section 2552 of the act is repealed: |
22 | [Section 2552. Acknowledgment of Receipt of Redemption |
23 | Money.--Where the owner or other person interested in the land |
24 | thus sold shall redeem the same, and pay the satisfaction fee, |
25 | the city treasurer shall acknowledge the receipt of the |
26 | redemption moneys upon the margin of the acknowledgment of the |
27 | treasurer's deed, as the same is entered and recorded in the |
28 | prothonotary's office. Thereafter said deed shall be void and of |
29 | no effect. Thereupon such owner or persons interested shall be |
30 | entitled to have the treasurer's deed delivered up to him, her |
|
1 | or them by the purchaser for cancellation. The city treasurer |
2 | shall pay to said purchaser all the moneys he had paid at the |
3 | time of sale, together with the twenty-five per centum penalty |
4 | thereon; and shall enter upon the book of sales kept by him, as |
5 | hereinbefore provided, an acknowledgment or receipt showing that |
6 | the owner or party interested redeemed the same, giving date of |
7 | redemption and amount of money received.] |
8 | Section 185. Article XXV subdivision (d) heading and section |
9 | 2560 of the act are repealed: |
10 | [(d) City Sales of Real Estate Purchased from Tax Claim Bureau |
11 | Section 2560. Real Estate Purchased from Tax Claim Bureau.-- |
12 | Any city may, by ordinance, sell in the manner hereinafter |
13 | provided, any real estate owned by the city which has been |
14 | acquired by the city by purchase from a tax claim bureau at |
15 | public sales held by said bureau pursuant to the provisions of |
16 | the Real Estate Tax Sale Law, its amendments and supplements, |
17 | upon which real estate the city held at the time of such sale a |
18 | lien or liens for municipal improvements.] |
19 | Section 186. Section 2561 of the act, amended April 6, 1998 |
20 | (P.L.236, No.44), is repealed: |
21 | [Section 2561. Sale Procedure.--(a) After an ordinance has |
22 | been passed authorizing and directing the sale of real estate as |
23 | provided for in section two thousand five hundred sixty, the |
24 | city treasurer shall advertise such proposed sale once a week |
25 | for three successive weeks in at least one newspaper of general |
26 | circulation in the city. The advertisement shall give a brief |
27 | description of the property to be sold sufficient to identify it |
28 | as to location and character, and the terms and conditions of |
29 | sale shall ask for sealed bids for the purchase thereof, direct |
30 | all bids to be sent to the city clerk on or before a certain |
|
1 | date, and give any other information relating to such bids as |
2 | may be necessary; shall announce that the bids shall be opened |
3 | and read at a public meeting of council to be held at a time |
4 | fixed, and that council shall have the right to reject any and |
5 | all bids. In lieu of the above contents of the advertisement, |
6 | the advertisement may give a brief description of the property |
7 | to be sold, sufficient to identify it as to location and |
8 | character, and provide for a public sale of the property to the |
9 | highest responsible bidder, at such time and place as shall be |
10 | designated by council, with the right reserved to council to |
11 | reject any and all bids. |
12 | (b) A city that elects to sell property to a nonprofit |
13 | corporation for community development or reuse may waive the |
14 | advertising and bidding requirements of subsection (a) only upon |
15 | entering into a written agreement with the nonprofit corporation |
16 | that requires the property to be used for industrial, commercial |
17 | or affordable housing purposes. This exemption shall not apply |
18 | to property on which existing governmental functions are |
19 | conducted.] |
20 | Section 187. Section 2562 of the act is repealed: |
21 | [Section 2562. Delivery of Deed.--If council accepts the |
22 | highest responsible bid for such property, the city treasurer |
23 | shall, within twenty days after such acceptance and upon the |
24 | receipt of the purchase money, deliver to the successful bidder, |
25 | his heirs or assigns, a deed in fee-simple for the property sold |
26 | as aforesaid, which shall be acknowledged by the mayor and |
27 | attested by the city clerk.] |
28 | Section 188. The act is amended by adding a section to read: |
29 | Section 2562.1. Conduct of Tax Sales.--The procedures and |
30 | requirements relating to the sale of property for delinquent |
|
1 | taxes, including, but not limited to, the advertisement for and |
2 | the time and conduct of the sale, the payment of the purchase |
3 | price and the distribution of proceeds, making the return and |
4 | confirmation of sale and the delivery of deed shall be governed |
5 | by the act of July 7, 1947 (P.L.1368, No.542), known as the |
6 | "Real Estate Tax Sale Law," or the Municipal Claim and Tax Lien |
7 | Law as utilized by the city in accordance with section 2542.1, |
8 | and by any applicable rules of court governing procedures for |
9 | tax sales. |
10 | Section 189. Article XXVI heading of the act is reenacted to |
11 | read: |
12 | ARTICLE XXVI |
13 | LICENSES AND LICENSE FEES |
14 | Section 190. Article XXVI subdivision (a) heading of the act |
15 | is repealed: |
16 | [(a) General Powers to License] |
17 | Section 191. Section 2601 of the act, amended October 4, |
18 | 1978 (P.L.950, No.188), is amended to read: |
19 | Section 2601. [License Taxes for Revenue Purposes.--Council |
20 | may, by ordinance, levy and collect a license tax for general |
21 | revenue purposes, not exceeding one hundred dollars each, |
22 | annually, on all photographers, auctioneers, contractors, |
23 | druggists, hawkers, peddlers, produce or merchandise vendors, |
24 | bankers, brokers, other than real estate brokers, undertakers, |
25 | pawnbrokers, trading stamp or premium companies or dealers, |
26 | warehouses or storage houses or places, parking lot operators, |
27 | merchants of all kinds, persons selling or leasing goods upon |
28 | installments, grocers, confectioners, butchers, wholesale meat |
29 | dealers, restaurants, billiard parlors, bowling alleys, billiard |
30 | tables, pool tables, and other gaming tables and devices; all |
|
1 | motor buses and motor omnibuses, trackless trolley omnibuses and |
2 | street railway cars transporting passengers for pay or hire |
3 | within the limits of the city, or from such city only to points |
4 | within a radius of ten miles of the city's boundaries; all |
5 | skating rinks, operas, theatres, shows, circuses, menageries, |
6 | and all kinds of public exhibitions for pay, except those for |
7 | religious, educational or charitable purposes; all lumber |
8 | dealers, persons who work on commission and all persons who make |
9 | a business of buying lumber for sale at wholesale or retail; all |
10 | furniture dealers, saddle or harness dealers, stationers, |
11 | jewelers, livery or automobile or boarding-stable keepers; all |
12 | market-house companies and owners of market-houses, garage |
13 | companies, and owners of other than private garages, express |
14 | companies or agencies; and all persons operating vehicles upon |
15 | the streets of the city as carriers for hire or compensation, |
16 | which persons regularly pick up or deliver or otherwise |
17 | transport wholly within or to or from the city property at an |
18 | annual rate not in excess of ten dollars per vehicle so used, |
19 | but not to exceed one hundred dollars per annum from any person |
20 | so operating: Provided, however, That in lieu thereof, the city |
21 | may levy an annual license tax not in excess of one hundred |
22 | dollars upon any such person having a place of business located |
23 | within the city; and, where no other license tax is imposed, on |
24 | telegraph, telephone, steam-heating, gas, natural gas, water, |
25 | electric light or power companies, or agencies or individuals |
26 | furnishing communication, light, heat or power, by any of the |
27 | means enumerated, and to regulate the collection of the same. If |
28 | any person, firm or corporation conducts a business at more than |
29 | one location in a city, the business conducted at each location |
30 | shall be considered and assessed as a separate and independent |
|
1 | business, and shall be subject to a license tax: Provided, That |
2 | the word "business," as used in this sentence, shall not be |
3 | construed to mean or include any place of business at which the |
4 | principal business conducted is that of selling, storing or |
5 | distributing products manufactured by the firm, person or |
6 | corporation operating the business. The taxes assessed under |
7 | this section shall be in addition to all other taxes levied and |
8 | collected by the city, county, or Commonwealth.] Licensing and |
9 | Regulatory Powers.--In addition to all other powers granted by |
10 | this act and other laws, each city shall have the specific |
11 | licensing and regulatory authority provided by this article. |
12 | Section 192. The act is amended by adding a section to read: |
13 | Section 2601.1. Registration of Businesses or Occupations.-- |
14 | (a) Council may, by ordinance, designate the types or kinds of |
15 | businesses or occupations located or carried out within the city |
16 | that are subject to annual registration with the city. |
17 | (b) Unless otherwise provided in this article, an ordinance |
18 | requiring registration in accordance with this section may |
19 | provide for an annual fee on businesses and occupations in an |
20 | amount reasonably related to the administration of the |
21 | registration program, not to exceed one hundred dollars. |
22 | Section 193. Sections 2602 and 2603 of the act are amended |
23 | to read: |
24 | Section 2602. Regulation of Motor Vehicles.--[Each city may |
25 | regulate the transportation by motor vehicles not operated on |
26 | tracks of passengers or property, for pay, within the limits of |
27 | the city, or from points in the city to points beyond the limits |
28 | of the city. In such regulation, the city may impose reasonable |
29 | license fees, make regulations for the operation of vehicles, |
30 | and may designate certain streets upon which such vehicles may |
|
1 | only be operated.] (a) Subject to subsection (b), a city may |
2 | regulate transportation by motor vehicle. |
3 | (b) A city shall have no authority to, and shall not, |
4 | regulate transportation by motor vehicle in a manner that is |
5 | preempted by or is inconsistent with applicable Federal and |
6 | State laws and regulations, policies or orders of Federal and |
7 | State regulatory agencies. |
8 | (c) The following words and phrases when used in this |
9 | section shall have the meanings given to them in this subsection |
10 | unless the context clearly indicates otherwise: |
11 | "Regulate." Licensing and making regulations for |
12 | transportation by motor vehicle, including the designation of |
13 | streets for transportation by motor vehicle. |
14 | "Transportation by motor vehicle." The transportation, for |
15 | pay, of passengers and property, within the limits of the city |
16 | or from points in the city to points beyond the limits of the |
17 | city, by a motor vehicle which is not operated on tracks. |
18 | Section 2603. Licensing of Plumbers.--Council may license |
19 | and provide for the collection of a license fee from all |
20 | persons, [copartnerships] partnerships, associations, or |
21 | corporations engaged or engaging in the business or work of |
22 | plumbing or house drainage, who shall have been certified as |
23 | being qualified to engage in such business, in such manner as |
24 | may be provided by ordinance or the laws of the Commonwealth. |
25 | Section 194. The act is amended by adding sections to read: |
26 | Section 2604. Power to Regulate and License Transient |
27 | Merchants.--(a) With regard to transient merchants, a city |
28 | shall have power, by ordinance, to regulate and license the |
29 | transient merchant, including, but not limited to, requiring |
30 | that a license be procured prior to commencement of transient |
|
1 | merchant activity. |
2 | (b) An ordinance adopted pursuant to subsection (a) may |
3 | impose a penalty not exceeding five hundred dollars for a |
4 | violation of its provisions and may provide for other means of |
5 | enforcement. |
6 | (c) The amount of a transient merchant license shall not |
7 | exceed two hundred fifty dollars for each month, or fractional |
8 | part thereof, during which any sale or solicitation is |
9 | continued. |
10 | (d) (1) The term "transient merchant" as used in this |
11 | section shall include all of the following: |
12 | (i) Transient wholesale and transient retail businesses for |
13 | the sale of goods, wares or merchandise within the city. |
14 | (ii) Transient charitable solicitors for the solicitation of |
15 | charitable contributions within the city. |
16 | (2) The term shall not include any of the following: |
17 | (i) Farmers selling their own produce. |
18 | (ii) Persons selling donated goods, wares and merchandise if |
19 | the proceeds of the sale are to be applied to any charitable or |
20 | philanthropic purpose. |
21 | (iii) A person selling bakery products, meat and meat |
22 | products or milk and milk products, if that person is the |
23 | manufacturer or producer of the products sold. |
24 | Section 2605. Regulation of Special Events.--(a) In |
25 | addition to other licensing and regulatory powers authorized in |
26 | this article, council shall have the authority, by ordinance, to |
27 | require a permit for and to reasonably regulate the conduct of a |
28 | special event, which may include, but is not limited to, a music |
29 | festival, concert, dance, circus, carnival, arts and craft show, |
30 | parade, public assembly, demonstration, performance, exhibition, |
|
1 | community event or block party. |
2 | (b) Regulation of a special event pursuant to this section |
3 | shall be for the purpose of protecting and preserving city and |
4 | public property or for the purpose of promoting or protecting |
5 | the public health, safety or welfare. |
6 | (c) Pursuant to this section a city may reasonably regulate |
7 | and require a permit for any of the following: |
8 | (1) A special event that will result in the obstruction of a |
9 | city street or sidewalk or that would compromise the ability of |
10 | the city to respond to a public safety emergency. |
11 | (2) A special event on any property wholly or partially |
12 | owned or maintained by the city. |
13 | (3) A special event on private property, if, in connection |
14 | with the event, the city will be providing city services, |
15 | including those relating to public safety, fire and sanitary |
16 | facilities, to a degree over and above that which the city |
17 | routinely provides. |
18 | Section 195. Article XXVI subdivision (b) heading, sections |
19 | 2610, 2611 and 2612, subdivision (c) heading, sections 2620, |
20 | 2621 and 2622, subdivision (d) heading, sections 2630, 2631, |
21 | 2632, 2633, 2634, 2635, 2636, 2637, 2638, 2639 and 2640 and |
22 | subdivision (e) heading of the act are repealed: |
23 | [(b) Restrictions |
24 | Section 2610. Farmers.--No city shall levy or collect any |
25 | license fee from any farmer upon his sales of his own produce in |
26 | or about the streets of the city, but this provision shall not |
27 | be deemed to restrict in any other way a city's power to |
28 | regulate the conduct of such business. |
29 | Section 2611. Insurance Business.--No city shall levy or |
30 | collect any license fee upon insurance companies or their |
|
1 | agents, or insurance brokers, authorized to transact business |
2 | under the laws of the Commonwealth. |
3 | Section 2612. Persons Taking Orders by Samples.--No city |
4 | shall levy or collect any license fee or mercantile tax upon |
5 | persons taking orders for merchandise by sample, from dealers or |
6 | merchants for individuals or companies who pay a license or |
7 | mercantile tax at their chief places of business. Nothing in |
8 | this section shall authorize any person to sell by retail to |
9 | others than dealers or merchants. |
10 | (c) Transient Retail Merchants |
11 | Section 2620. Power to Regulate and License.--Every city |
12 | shall have power, by ordinance, to regulate and license each and |
13 | every transient wholesale and retail business within such city |
14 | for the sale of goods, wares, or merchandise, and to prohibit |
15 | the commencement or doing of any such business until or unless |
16 | the license required by such ordinance has been procured from |
17 | the proper authorities by the person, firm or corporation |
18 | desiring to commence such transient wholesale and retail |
19 | business, and to enforce such ordinances by penalties not |
20 | exceeding three hundred dollars and by other appropriate means. |
21 | The amount of such license shall not exceed two hundred dollars |
22 | for each month, or fractional part thereof, during which any |
23 | such sale is continued. |
24 | Section 2621. Exceptions.--Nothing contained in this |
25 | subdivision (c) shall be construed to apply (1) to farmers |
26 | selling their own produce, (2) to the sale of goods, wares, and |
27 | merchandise, donated by the owners thereof, the proceeds whereof |
28 | are to be applied to any charitable or philanthropic purpose, or |
29 | (3) to any manufacturer or producer in the sale of bread and |
30 | bakery products, meat and meat products, or milk and milk |
|
1 | products. |
2 | Section 2622. Commonwealth License Saved.--Nothing contained |
3 | in this subdivision (c) shall be construed to relieve any |
4 | person, partnership, or corporation from the duty of taking out |
5 | a license, or from the payment of any license tax imposed or |
6 | authorized by any other statute of this Commonwealth. |
7 | (d) Public Dances and Dance Halls |
8 | Section 2630. Definitions.--The term "public dance" or |
9 | "public ball," as used in this subdivision (d), shall be taken |
10 | to include any dance or ball conducted in connection with |
11 | instruction in dancing for hire, and any dance or ball to which |
12 | admission may be had by the payment of a fee or by the purchase, |
13 | possession, or presentation of a ticket or token, or in |
14 | connection with which a charge is made for caring for clothing |
15 | or other property, and any dance or ball to which the public |
16 | generally may gain admission with or without the payment of a |
17 | fee. |
18 | The term "dance hall" or "ball room," as used in this |
19 | subdivision, shall be taken to include any room, place, or space |
20 | in which a public dance or public ball, as herein defined, shall |
21 | be held, and any room, hall, or academy in which classes in |
22 | dancing are held and instruction in dancing is given for hire. |
23 | Section 2631. Permits for Dances; Fees.--No person, persons, |
24 | society, club, or corporation shall hold a public dance or |
25 | public ball, within the limits of any city, without having first |
26 | obtained a permit therefor from the mayor thereof, except for |
27 | dances held and conducted by regularly established instructors |
28 | in dancing in connection with such instruction. |
29 | The fee for such permit, which shall be paid at the time of |
30 | the issuing thereof, shall be one dollar for each public dance |
|
1 | or ball. |
2 | Section 2632. Dance Halls, Ball Rooms, and Academies to be |
3 | Licensed; Fees.--It shall be unlawful to hold or conduct any |
4 | public dance or public ball, or to hold or conduct classes in |
5 | dancing, or to give instructions in dancing for hire, in any |
6 | hall, ball room, or academy, within the limits of any city, |
7 | unless the dance hall or ball room or academy, in which the same |
8 | may be held, shall have been duly licensed for such purpose. |
9 | Application for such license shall be made by the proprietor |
10 | of such dance hall or ball room or academy to the mayor, who is |
11 | hereby authorized to issue the same. |
12 | The fee payable for each such license granted hereunder shall |
13 | be as follows: |
14 | In the case of dance halls maintained and conducted in |
15 | connection with regularly established instruction in dancing, |
16 | and exclusively used in such connection, the annual license fee |
17 | shall be ten dollars. |
18 | In the case of all other dance halls and ball rooms, the |
19 | annual license fee shall be fifteen dollars. |
20 | Each license granted hereunder shall expire on the first day |
21 | of June of each year. |
22 | The fee payable for each license granted hereunder shall be |
23 | for the whole or any portion of a calendar year, and all moneys |
24 | received by way of license fees hereunder shall be paid into the |
25 | general fund of the city. |
26 | Every licensed public dance hall or ball room or academy |
27 | shall post its license in a conspicuous place within the hall |
28 | where the dance is held. |
29 | Section 2633. Mayor to Investigate Applications.--It shall |
30 | be the duty of the mayor to cause an investigation of all |
|
1 | applications for public dance hall or ball room licenses to |
2 | determine whether or not the dance hall, ball room, or academy, |
3 | sought to be licensed, complies with the rules, regulations, |
4 | ordinances, and laws applicable thereto, and, in making such |
5 | investigation he shall, when desired, have the assistance of any |
6 | department of the government of the city. |
7 | Section 2634. Safe and Proper Places only to be Licensed.-- |
8 | No license for a public dance hall or ball room or academy shall |
9 | be issued until it shall be ascertained that the place for which |
10 | it is issued complies with and conforms to all laws, ordinances, |
11 | health and fire regulations, applicable thereto, and is a safe |
12 | and proper place for the purpose for which it shall be used, |
13 | properly ventilated, and supplied with sufficient toilet |
14 | conveniences. |
15 | Section 2635. Revocation of Licenses.--The license of any |
16 | public dance hall or ball room or academy may be forfeited or |
17 | revoked by the mayor for disorderly or immoral conduct on the |
18 | premises, or upon proof that the dance hall, ball room, or |
19 | academy was frequented by disorderly or immoral persons, or for |
20 | the violation of any of the rules, regulations, ordinances, and |
21 | laws governing or applying to public dance halls, ball rooms, or |
22 | academies, or public dances. If at any time the license of a |
23 | public dance hall, ball room, or academy shall be forfeited or |
24 | revoked, at least three months shall elapse before another |
25 | license or permit shall be granted for dancing on the same |
26 | premises. |
27 | Section 2636. Licensed Places to be Kept Clean.--All public |
28 | dance halls or ball rooms or academies shall be kept at all |
29 | times in a clean, healthful, and sanitary condition, and all |
30 | stairways and other passages and all rooms connected with public |
|
1 | dance hall, ball room, or academy shall be kept open and well |
2 | lighted. |
3 | Section 2637. Inspection of Licensed Places; Power of Police |
4 | to Vacate.--All public dance halls, ball rooms, and academies |
5 | shall be subject to inspection by the police department of the |
6 | city at all reasonable times and whenever they are open for |
7 | dancing, instruction in dancing, or for any other purpose. |
8 | Any police officer shall have the power to cause the place, |
9 | hall, or room where any public dance or ball is given to be |
10 | vacated whenever any provision of any law or ordinance with |
11 | regard to public dances and public balls is being violated, or |
12 | whenever any indecent act shall be committed, or when any |
13 | disorder of a gross, violent or vulgar character shall take |
14 | place therein. |
15 | Section 2638. Persons Under Sixteen to be Excluded after |
16 | Nine O'clock Post Meridian.--It shall be unlawful, after nine |
17 | o'clock post meridian, to permit any person to attend or take |
18 | part in any public dance who has not reached the age of sixteen |
19 | years. |
20 | Section 2639. Halls to be Closed at One O'clock Ante |
21 | Meridian.--All public dances shall be discontinued, and all |
22 | public dance halls shall be closed, on or before the hour of one |
23 | o'clock ante meridian: Provided, however, That upon the |
24 | application of a bona fide organization or society, and upon an |
25 | investigation by the proper authority, the mayor may grant such |
26 | organization or society a permit to continue a dance until two |
27 | o'clock ante meridian. |
28 | Section 2640. Penalties.--Any person, persons, society, |
29 | club, or corporation who shall violate any of the provisions of |
30 | this subdivision (d), shall be subject to a penalty of twenty- |
|
1 | five dollars, to be recovered with costs in a summary |
2 | proceeding. |
3 | (e) Parking Lots for Profit] |
4 | Section 196. Section 2650 of the act, amended October 5, |
5 | 1979 (P.L.195, No.64), is amended to read: |
6 | Section 2650. Regulation[; Revenue; Bonding] of Parking Lot |
7 | and Parking Garage Operators.--(a) For the purposes of |
8 | protecting the public [and of raising revenue], each city may |
9 | enact suitable ordinances regulating the business of operating |
10 | [for profit] for-profit parking lots and for-profit parking |
11 | garages within the city [and may require such lots to reserve |
12 | areas exclusively for parking by handicapped individuals. |
13 | License or permit fees may be charged and collected from the |
14 | operators of such parking lots]. Ordinances shall be consistent |
15 | with 75 Pa.C.S. (relating to vehicles). Each city may require |
16 | for-profit parking lots and for-profit parking garages to |
17 | reserve areas exclusively for parking by handicapped |
18 | individuals. Nothing in this section shall be construed to limit |
19 | the protections and prohibitions contained in section 202 of the |
20 | Americans with Disabilities Act of 1990 (Public Law 101-336, 104 |
21 | Stat. 327), the act of October 27, 1955 (P.L.744, No.222), known |
22 | as the "Pennsylvania Human Relations Act," and the Federal and |
23 | State rules and regulations adopted in implementation of those |
24 | acts. License and permit requirements may be imposed on for- |
25 | profit parking lots and for-profit parking garages and license |
26 | or permit fees may be charged and collected from the operators |
27 | thereof. |
28 | (b) Any city adopting [such] a regulatory plan [shall |
29 | require from each operator a bond to be approved by council for |
30 | the protection of the public from loss of or damage to the |
|
1 | vehicles parked, stored or placed under the jurisdiction of such |
2 | parking lot operator.] applicable to for-profit parking lots and |
3 | for-profit parking garages shall have the authority to require |
4 | that each operator maintain insurance, from an insurer legally |
5 | authorized to conduct business in this Commonwealth, in amounts |
6 | not less than that which is prescribed by council for the |
7 | protection of the public from loss of or damage to the vehicles |
8 | parked, stored or placed under the jurisdiction of the operator |
9 | and against liability arising out of the ownership or use of the |
10 | parking lot or parking garage. |
11 | Section 197. The act is amended by adding sections to read: |
12 | Section 2651. Farmers.--No city shall levy or collect any |
13 | license fee from any farmer upon sales of the farmer's own |
14 | produce in or about the streets of the city. This section shall |
15 | not restrict in any other way a city's power to regulate the |
16 | conduct of a farmer's business. |
17 | Section 2652. Insurance Business.--No city shall levy or |
18 | collect any license fee upon insurance companies or their |
19 | agents, or insurance brokers, authorized to transact business |
20 | under the laws of this Commonwealth. |
21 | Section 2653. Persons Taking Orders By Samples.--No city |
22 | shall levy or collect any license fee or mercantile tax upon |
23 | persons taking orders for merchandise by sample, from dealers or |
24 | merchants for individuals or companies who pay a license or |
25 | mercantile tax at their chief places of business. Nothing in |
26 | this section shall authorize a person to sell by retail to |
27 | persons other than dealers or merchants without payment of a |
28 | license or permit fee. |
29 | Section 2654. Commonwealth License Saved.--Nothing contained |
30 | in this article shall be construed to relieve any person, |
|
1 | partnership or corporation from the duty of taking out a license |
2 | or from the payment of any license tax or fee imposed or |
3 | authorized by any other statute, nor shall any Commonwealth |
4 | license tax or fee preempt the registration, license or |
5 | regulatory powers of a city in accordance with this article, |
6 | unless the preemption is expressly authorized. |
7 | Section 198. Article XXVII heading of the act is amended to |
8 | read: |
9 | ARTICLE XXVII |
10 | [INDEBTEDNESS] REAL ESTATE REGISTRY |
11 | Section 199. Sections 2701 and 2703 of the act are repealed: |
12 | [Section 2701. No Unauthorized Debt to be Created.--No city |
13 | and no municipal department thereof shall create any debt, |
14 | except in pursuance of previous authority of law or ordinance. |
15 | Section 2703. Liability in Bond Transfers.--All certificates |
16 | of loans, issued by a city, shall be transferable by the legal |
17 | owners thereof without any liability on the part of the transfer |
18 | agents of the city to recognize or see to the execution of any |
19 | trust, whether expressed or implied, or constructive, to which |
20 | such loans may be subject, unless such transfer agents of the |
21 | city shall have previously received notice, in writing, signed |
22 | by or on behalf of the person for whom such loans appear by the |
23 | certificate thereof to be held in trust, that the proposed |
24 | transfer would be a violation of such trust.] |
25 | Section 200. The act is amended by adding a section to read: |
26 | Section 2704. Real Estate Registry.--(a) For the purpose of |
27 | procuring accurate information in reference to the ownership of |
28 | all real estate, the council of each city may provide, by |
29 | ordinance, for a real estate registry in accordance with the act |
30 | of October 9, 2008 (P.L.1400, No.110), known as the "Uniform |
|
1 | Municipal Deed Registration Act." If required by the ordinance, |
2 | every owner, subsequent purchaser, devisee or person acquiring |
3 | title by partition or otherwise to any real estate in the city |
4 | shall furnish, at the designated city office, descriptions of |
5 | their respective properties upon blanks to be furnished by the |
6 | city and, at the same time, present their conveyance to be |
7 | stamped by the designated city official or employee, without |
8 | charge, as evidence of its registration. A person who fails to |
9 | register real estate as required by this article shall be liable |
10 | for a penalty established by ordinance to be recovered, with |
11 | costs of suit, in the name and for the use of the city, as |
12 | penalties for the violation of city ordinances are recoverable. |
13 | (b) A registry established in accordance with this article |
14 | shall be in the form provided by council and may include books, |
15 | maps and plans. The registry shall show the location and |
16 | dimensions of each property in the city, as well as the street |
17 | number of and the name of the owner or owners of the properties, |
18 | and shall allow for the inclusion of the names of future owners |
19 | and dates of future transfer of title. |
20 | (c) A city official or employee charged with acquiring |
21 | information necessary to establish and maintain the registry |
22 | shall have free access, without charge, to any of the public |
23 | records wherein the information may be obtained. The official or |
24 | employe may also cause search to be made in any other place for |
25 | any documentary or other evidence of title, not reported to him |
26 | or her pursuant to this article, if it is necessary for the |
27 | completion of the registry. |
28 | (d) The registry shall be preserved in the manner council |
29 | shall designate, in accordance with 53 Pa.C.S. Ch. 13 Subch. F |
30 | (relating to records). |
|
1 | (e) The official or employe charged with the duty of |
2 | maintaining the registry may provide certified copies of any of |
3 | the entries thereto, and the copies shall be received in |
4 | evidence in the same manner as the original registry would be |
5 | admissible. Certified copies also may be furnished to any person |
6 | for a reasonable fee. |
7 | (f) The sheriff of the county in which the city is situated |
8 | shall present for registry the deeds of all properties within |
9 | the city limits sold by the sheriff at judicial sales, whether |
10 | by execution, in partition or otherwise. |
11 | (g) Each city's registry may be used as the lawful and |
12 | proper source of property owners' or reputed owners' names for |
13 | all lawful purposes including the filing of municipal claims. |
14 | (h) Nothing in this section shall invalidate any municipal |
15 | or tax claim by reason of the fact that the same is not assessed |
16 | or levied against the registered owner. |
17 | Section 201. The act is amended by adding an article to |
18 | read: |
19 | ARTICLE XXVII-A |
20 | NUISANCE ABATEMENT |
21 | Section 2701-A. Definitions.--The following words and |
22 | phrases, as used in this article, shall have, unless the context |
23 | clearly indicates otherwise, the meanings given to them in this |
24 | section: |
25 | "Abatement." The removal, stoppage or destruction by any |
26 | reasonable means of that which causes or constitutes a public |
27 | nuisance. |
28 | "Department." The department designated by the city council |
29 | to determine the existence of and to abate a public nuisance in |
30 | accordance with this article. |
|
1 | "Owner." With regard to the property on which the alleged |
2 | public nuisance exists, the owner of record based upon the |
3 | city's real estate registry, if the city maintains a registry, |
4 | or if the city does not maintain a real estate registry, on the |
5 | tax assessment records of the city, if any, or of the county in |
6 | which the city is located. The term may include any person in |
7 | whom is vested all or any part of the legal or equitable title |
8 | to the property or who has charge, care or control of the |
9 | property as agent, executor, administrator, assignee, receiver, |
10 | trustee, guardian, lessee or mortgagee in possession. |
11 | "Property." Any personal property or any real property and |
12 | any improvements thereto. |
13 | "Public nuisance." |
14 | (1) Any conduct or any property, or condition or use of |
15 | property, defined or declared to be a public nuisance under any |
16 | provision of this act or other law. |
17 | (2) Conduct or property, or the condition or use of property |
18 | if the department determines that it endangers the health or |
19 | safety of, or causes any hurt, harm, inconvenience, discomfort, |
20 | damage or injury to, any person or property in the city, by |
21 | reason of the conduct or property, or the condition or use of |
22 | the property, being any of the following: |
23 | (i) A menace, threat or hazard to the general health and |
24 | safety of the community. |
25 | (ii) A fire hazard. |
26 | (iii) A building or structure that is unsafe for occupancy |
27 | or use. |
28 | (iv) Property that is so inadequately or insufficiently |
29 | maintained that it diminishes or depreciates the enjoyment and |
30 | use of other property in its immediate vicinity to such an |
|
1 | extent that it is harmful to the community in which the property |
2 | is situated. |
3 | (3) Unauthorized accumulations of garbage and rubbish and |
4 | the unauthorized storage of abandoned or junked automobiles or |
5 | other vehicles on private or public property, and the carrying |
6 | on of any offensive manufacture or business. |
7 | "Summary abatement." Abatement of a public nuisance by the |
8 | city without prior notice to the owner of the property in |
9 | accordance with this article. |
10 | Section 2702-A. Report and Investigation of a Public |
11 | Nuisance.--(a) Council shall designate the department to which |
12 | reports of the existence of a possible public nuisance shall be |
13 | made. |
14 | (b) The designated department shall establish criteria for |
15 | investigating reports made to it to determine the existence of a |
16 | public nuisance. The reports may be submitted by any member of |
17 | the public, any city employe or elected or appointed city |
18 | official or result from inspections made by the department. |
19 | (c) If the department, either as a result of a report made |
20 | to it or an investigation made by it, reasonably believes the |
21 | reported property involves a building which appears to be |
22 | structurally unsafe, it shall notify the city's building |
23 | inspector or other appropriate official who shall cause the |
24 | property to be inspected, subject to constitutional standards in |
25 | a similar manner as provided in section 2308, and submit a |
26 | written report to the department. |
27 | (d) Upon completing its investigation and receiving any |
28 | written reports required by subsection (c), the department shall |
29 | determine all of the following: |
30 | (1) If a public nuisance exists. |
|
1 | (2) If the public nuisance is of such a severe and |
2 | substantial nature that it presents a clear, immediate and |
3 | substantial danger to public health or safety or to the health |
4 | or safety of any occupant of a property on which a public |
5 | nuisance exists or of any property in the vicinity of the public |
6 | nuisance, that it is sufficient to justify extraordinary and |
7 | immediate action without prior notice to the owner of the |
8 | property to avoid personal injury, death or substantial loss of |
9 | property. |
10 | (e) Following an investigation, the department shall retain |
11 | a copy of its findings including any reports made to it and any |
12 | photographs of the property or condition investigated, pursuant |
13 | to 53 Pa.C.S. Ch. 13 Subch. F (relating to records). |
14 | Section 2703-A. Summary Abatement.--(a) A city shall have |
15 | the power to utilize summary abatement in accordance with this |
16 | section. |
17 | (b) In the case of a reported public nuisance, the |
18 | department shall have authority to utilize summary abatement if |
19 | all of the following occur: |
20 | (1) The department determines the existence of the criteria |
21 | in section 2702-A(d)(1) and (2). |
22 | (2) The mayor, or the mayor's designee, provides express |
23 | authorization to utilize summary abatement. |
24 | (c) If summary abatement is implemented pursuant to |
25 | subsection (b), the department shall have the authority to enter |
26 | upon the property for the purpose of abatement without prior |
27 | notice to the owner of the property or to the holders of liens |
28 | thereon. |
29 | (d) The following shall apply: |
30 | (1) Within ten days following a summary abatement, the |
|
1 | department shall post on the property upon which the abatement |
2 | has occurred a notice describing the action taken to abate the |
3 | nuisance. |
4 | (2) Within twenty days following a summary abatement, the |
5 | department shall determine the identity of the owner of the |
6 | property by reference to the city's real estate registry, if the |
7 | city maintains a registry, or in the absence of a registry, by |
8 | reference to county assessment records and the identity of the |
9 | holders of all liens upon the property which are properly |
10 | indexed among the records of the county and provide to the owner |
11 | and to all lienholders written notice, by first class mail or |
12 | hand delivery, of the action taken to abate the nuisance. |
13 | (3) Within thirty days following a summary abatement, the |
14 | department shall file with the city treasurer or other financial |
15 | officer of the city designated by council a statement of costs |
16 | of the abatement, which shall include the administrative fee and |
17 | civil penalty provided by this article. After filing with the |
18 | city treasurer, notice of the statement of costs shall be |
19 | provided to the owner and lienholders in accordance with section |
20 | 2704-A(b). |
21 | Section 2704-A. Prior Notice of Abatement.--(a) The |
22 | department shall have the authority to abate a public nuisance |
23 | with prior notice as provided by this section if, after |
24 | inspecting the property or condition reported to be a public |
25 | nuisance, subject to constitutional standards in a similar |
26 | manner as provided in section 2308, the department determines, |
27 | as provided for in section 2702-A(d)(1), that the public |
28 | nuisance exists. |
29 | (b) (1) If the department proceeds with abatement pursuant |
30 | to this section, it shall identify the owner of the property by |
|
1 | reference to the city's real estate registry, if the city |
2 | maintains a registry, or in the absence of a registry, by |
3 | reference to county assessment records, and shall immediately |
4 | serve a written notice on the owner by any of the following |
5 | methods: |
6 | (i) Personal service. |
7 | (ii) Leaving a copy of the notice at the usual place of |
8 | residence or business of the owner or the address of the owner |
9 | shown in the city's real estate registry or in the records in |
10 | the office of the recorder of deeds. |
11 | (iii) Mailing a copy by United States certified mail, return |
12 | receipt requested, to the owner at the owner's current address |
13 | shown in the city's real estate registry or in the records in |
14 | the office of the recorder of deeds. |
15 | (2) If service of the written notice is unable to be |
16 | perfected by any of the methods under clause (1), the department |
17 | shall publish a copy of the notice in a newspaper once a week |
18 | for two consecutive weeks and shall provide a copy of the notice |
19 | to the individual in possession of the property on which the |
20 | department has determined that the public nuisance exists, or if |
21 | there is no individual in possession of the property, the |
22 | department shall post a copy of the notice at the structure, |
23 | location or premises. |
24 | (3) The department shall determine from the records in the |
25 | offices of the recorder of deeds the identities of all |
26 | lienholders of the property and serve a written notice on all |
27 | lienholders by United States certified mail, return receipt |
28 | requested. |
29 | (c) The notice to the owner and lienholders shall state |
30 | clearly and concisely the findings and determination of the |
|
1 | department with respect to the existence of a public nuisance. |
2 | The notice shall further state that the public nuisance shall be |
3 | abated by the city at the expense of the owner unless it is |
4 | otherwise abated within thirty days of the notice or within any |
5 | extension of that period granted by the department. |
6 | (d) A person who is the owner of the premises, location or |
7 | structure at the time a notice to abate a public nuisance is |
8 | issued and served upon the person shall be responsible for |
9 | complying with the notice and shall be liable for any costs |
10 | incurred by the city in connection with the notice, |
11 | notwithstanding if the person conveyed his or her interest in |
12 | the property to another after the notice was issued and served. |
13 | (e) It shall not be a defense to the determination that a |
14 | public nuisance exists that the property is boarded up or |
15 | otherwise enclosed. |
16 | Section 2705-A. Abatement by Owner.--(a) Within thirty days |
17 | after written notice has been provided pursuant to section 2704- |
18 | A(b)(1) or (2), the owner shall remove and abate the nuisance. |
19 | (b) The department, upon written application by the owner |
20 | within the thirty-day period referred to in subsection (a), may |
21 | grant additional time for the owner to effect the abatement of |
22 | the public nuisance, if the extension is limited to a specific |
23 | time period. |
24 | Section 2706-A. Appeal After Notice; Hearing.--(a) A city |
25 | shall, by ordinance, provide a procedure pursuant to which an |
26 | owner of the property who has been served with a notice pursuant |
27 | to section 2704-A(b)(1) or (2) may request and have a timely |
28 | hearing on the question of whether a public nuisance in fact |
29 | exists. |
30 | (b) Council, or a committee of three council members |
|
1 | appointed by council, shall constitute the public nuisance |
2 | appeals board which, if an appeal is taken, shall conduct the |
3 | hearing on the question of whether a public nuisance in fact |
4 | exists. The appeals board may uphold, amend or modify the |
5 | determination of the department or extend the time for |
6 | compliance with the department's order if the extension is |
7 | limited to a specific time period. |
8 | (c) An appeal under this section shall toll the running of |
9 | the period of time within which the nuisance is to be abated |
10 | until a decision is rendered by the appeals board. |
11 | Section 2707-A. Abatement by City After Notice; Statement of |
12 | Costs.--If a public nuisance has not been abated at the |
13 | expiration of thirty days after notice has been provided or |
14 | within the additional time as the department or appeals board |
15 | may grant, taking into consideration the provisions of section |
16 | 2706-A(c), the department shall have the authority to enter upon |
17 | the property for the purpose of abatement. Upon abatement in |
18 | accordance with this section, the department shall file with the |
19 | city treasurer or other financial officer of the city designated |
20 | by council a statement of costs of the abatement which shall |
21 | include the administrative fee and civil penalty provided by |
22 | this article. |
23 | Section 2708-A. Assistance in Abatement.--In abating a |
24 | public nuisance, the department may call upon any of the city |
25 | departments or divisions for whatever assistance shall be deemed |
26 | necessary or may abate the public nuisance by private contract. |
27 | Section 2709-A. Salvage of Material.--If deemed practicable |
28 | by the department, the department may salvage and sell at |
29 | private or public sale any material derived from an abatement of |
30 | a public nuisance. Pursuant to ordinance, all of the following |
|
1 | shall apply to the proceeds obtained from the sale of any |
2 | material salvaged as a result of an abatement: |
3 | (1) The proceeds shall be deposited as directed by |
4 | ordinance. |
5 | (2) The proceeds may be applied against the amount of the |
6 | costs, fees and penalties relating to the abatement. |
7 | (3) If the amount of the proceeds exceeds the amount of the |
8 | costs, fees and penalties, any excess shall be paid to the |
9 | owner. |
10 | Section 2710-A. Notice of Assessment; Appeal of Charges.-- |
11 | (a) Upon receipt of the statement of costs from the department, |
12 | either for a summary abatement pursuant to section 2703-A or for |
13 | an abatement with notice pursuant to section 2704-A, the |
14 | treasurer or other financial officer of the city designated by |
15 | council shall, in accordance with section 2704-A(b), give notice |
16 | of the amount set forth in the statement of costs to the owner |
17 | and lienholders of the property upon which the public nuisance |
18 | has been abated. The notice shall state that the city proposes |
19 | to assess against the property the amount set forth in the |
20 | notice and that objections to the proposed assessment must be |
21 | made in writing and received by the designated officer within |
22 | twenty days from the date of mailing the notice. |
23 | (b) Upon the expiration of the twenty-day period, if no |
24 | written objections have been received by the officer, the total |
25 | amount of costs, fees and penalties specified in the statement |
26 | of costs may be entered as a lien against the property on which |
27 | the nuisance was abated and shall be collected in the manner |
28 | provided for the collection of municipal claims and liens, |
29 | subject to rights of appeal provided in this section. |
30 | (c) If objections of the owner or a lienholder are received |
|
1 | by the designated officer prior to the expiration of the twenty- |
2 | day period, the officer shall refer the matter to the department |
3 | for administrative review. |
4 | (d) The city shall, by ordinance, provide a procedure by |
5 | which the department shall make a determination regarding any |
6 | timely filed objection and by which an appeal of the |
7 | department's determination may be made to the appeals board |
8 | referred to in section 2706-A(b). |
9 | (e) The determination of the appeals board shall be a final |
10 | administrative decision within the city. |
11 | (f) The department, in administrative review, or the appeals |
12 | board, on appeal, may reduce or cancel a proposed assessment if |
13 | it is determined that any of the following did not conform to |
14 | the provisions of this article: |
15 | (1) The notice to remove the nuisance. |
16 | (2) The work performed in abating the nuisance. |
17 | (3) The computation of charges. |
18 | (g) The department, in administrative review, or the appeals |
19 | board, on appeal, may reduce a proposed assessment by |
20 | eliminating the civil penalty portion of the statement of costs |
21 | if any of the following applies: |
22 | (1) The current owner did not own the property at the time |
23 | the notice required in section 2703-A was posted. |
24 | (2) The owner did not receive the notice to remove the |
25 | nuisance, did not have knowledge of the nuisance and could not, |
26 | with the exercise of reasonable diligence, have had knowledge of |
27 | the nuisance. |
28 | Section 2711-A. Personal Liability of Owner.-- |
29 | Notwithstanding the right of the city to utilize in rem |
30 | proceedings to pursue collection of the costs, fees and |
|
1 | penalties in the statement of costs as a municipal claim, the |
2 | person who is the owner of the property at the time of a summary |
3 | abatement at which the notice required is given or, in the case |
4 | of an abatement pursuant to section 2704-A, the person who was |
5 | the owner of the property at the time notice of the existence of |
6 | the public nuisance was given shall be personally liable for the |
7 | amount of the assessment, including all interest, other charges |
8 | and, except as provided in section 2710-A(g), civil penalties. |
9 | Section 2712-A. Administrative Fee and Civil Penalties.-- |
10 | Whenever a public nuisance is abated by the city, the statement |
11 | of the costs of the public nuisance shall include the city's |
12 | actual cost of abatement, plus an administrative fee, not to |
13 | exceed ten per centum, and a civil penalty. For the first |
14 | abatement of a nuisance upon any owner's property within the |
15 | city in any two-year period, the civil penalty shall be two |
16 | hundred fifty dollars. For second and subsequent abatements, |
17 | upon any properties of any owner within the city during any two- |
18 | year period, the civil penalty shall be five hundred dollars. |
19 | The increased civil penalty shall be imposed and collected |
20 | regardless of whether the second and subsequent nuisances upon |
21 | property or properties of an owner involve the same property or |
22 | are of the same or different characters. |
23 | Section 202. Article XXVIII heading of the act is amended to |
24 | read: |
25 | ARTICLE XXVIII |
26 | [PROCEDURE FOR THE EXERCISE OF EMINENT DOMAIN AND THE |
27 | ASSESSMENT OF DAMAGES AND BENEFITS BY VIEWERS] |
28 | EMINENT DOMAIN |
29 | Section 203. Sections 2801 and 2802 of the act are amended |
30 | to read: |
|
1 | Section 2801. Exercise of Eminent Domain.--[In the] (a) In |
2 | addition to all other purposes for which a city may exercise the |
3 | power of eminent domain as authorized by this act or by other |
4 | laws of the Commonwealth, and subject to the duty to provide |
5 | just compensation, a city may acquire property by eminent |
6 | domain, including entering upon, appropriating, taking, using |
7 | and occupying private lands and property for any of the |
8 | following public purposes: |
9 | (1) The laying out, opening, widening, extending, vacating, |
10 | grading, or changing the grades or lines[,] of streets[, the]. |
11 | (2) The construction of bridges, and the piers, abutments |
12 | and approaches therefor[, the]. |
13 | (3) The construction of slopes, embankments and storm water |
14 | sewers, including storm water drains[, the]. |
15 | (4) The erection and extension of [water-works] waterworks, |
16 | wharves and docks, public buildings, public works, filtration |
17 | plants, sewage systems, sewage treatment works, [garbage] waste |
18 | disposal plants, [lands and places for the disposal of ashes and |
19 | other refuse materials] including disposal of garbage, ashes and |
20 | other refuse materials and transfer facilities, gas plants, |
21 | electric power and light plants, [houses of detention, |
22 | workhouses, poor farms, poor houses,] fire [engine] houses, |
23 | hospitals, public auditoriums, memorial buildings, public |
24 | transportation facilities, comfort stations, homeless shelters, |
25 | waiting stations, communications facilities, drinking fountains, |
26 | [and] libraries[, the] and other public buildings and public |
27 | works. |
28 | (5) The establishing of recreation places[, and]. |
29 | (6) The changing of watercourses[, the]. |
30 | (7) The acquisition of lands, easements and property for use |
|
1 | of the Pennsylvania National Guard[, and for all other purposes |
2 | authorized by this act and the laws of the Commonwealth, a city |
3 | may enter upon, appropriate, take, use, occupy, injure, or |
4 | destroy, private lands, property, toll bridges, or material. All |
5 | such action by the city shall be provided for by ordinance. A |
6 | copy of each such ordinance shall be recorded within thirty days |
7 | after its enactment in the office of the recorder of deeds in |
8 | and for the county or counties wherein such property is situate, |
9 | and shall be indexed in the name of the property owner affected |
10 | thereby. A copy of the ordinance shall be sent by registered |
11 | mail to each such property owner at his last known address.] in |
12 | accordance with sections 4413-A and 4414-A. |
13 | (b) Eminent domain proceedings shall be subject to and |
14 | conform with the provisions of 26 Pa.C.S. (relating to eminent |
15 | domain). |
16 | Section 2802. Restrictions as to Certain Property.--In |
17 | addition to the restrictions made by other provisions of this |
18 | act in particular cases or by any other provision of law, no |
19 | city shall exercise the right of eminent domain as against land |
20 | now occupied by any building which was used during the Colonial |
21 | or Revolutionary period as a place of Assembly by the Council of |
22 | the Colony of Pennsylvania, the Supreme Executive Council of the |
23 | Commonwealth of Pennsylvania, or the Congress of the United |
24 | States; or as against the land occupied by any fort, redoubt, or |
25 | blockhouse[,] erected during the Colonial or Revolutionary |
26 | period[,] or any building used as headquarters by the Commander- |
27 | in-Chief of the Continental Army, or as against the site of any |
28 | building, fort, redoubt, blockhouse, or headquarters[,] which |
29 | are preserved for their historic associations and not for |
30 | private profit. The Colonial and Revolutionary period shall be |
|
1 | [taken as] deemed to have ended on the third day of September, |
2 | one thousand seven hundred and eighty-three. |
3 | Section 204. The act is amended by adding a section to read: |
4 | Section 2803. Title Acquired.--Except as otherwise provided |
5 | in law, if land or other real or personal property is acquired |
6 | by a city in eminent domain proceedings or is acquired by gift, |
7 | purchase or otherwise, the title obtained by the city shall be |
8 | in fee simple absolute or like absolute ownership unless the |
9 | parties agree otherwise in writing and the agreement expressly |
10 | appears in a recorded deed affecting any real property acquired |
11 | by the city or in the notice of condemnation. |
12 | Section 205. Sections 2809 and 2823 of the act are repealed: |
13 | [Section 2809. Value of Land or Property not to be Assessed |
14 | as Benefits; Exception.--In all cases of the appropriation of |
15 | land or property for public use, other than for streets, it |
16 | shall not be lawful to assess any portion of the damage done to |
17 | or value of the land or property so appropriated, against the |
18 | other property adjoining or in the vicinity of the land or |
19 | property so appropriated. |
20 | Section 2823. Assessment of Damages and Benefits.--The |
21 | damages may be paid, in whole or in part, by the city, or may be |
22 | assessed, in whole or in part, upon the land or property |
23 | benefited. In the latter case, the viewers having first |
24 | determined the damages apart from the benefits shall assess the |
25 | total cost of the improvement, or so much thereof as may be just |
26 | and reasonable, upon the lands or properties peculiarly |
27 | benefited, including in the assessment all parties for which |
28 | damages have been allowed, and shall report the same to the |
29 | court. The total assessments for benefits shall not exceed the |
30 | total damages awarded or agreed upon.] |
|
1 | Section 206. Section 2824 of the act is reenacted to read: |
2 | Section 2824. Assessment Awards.--In proceedings to assess |
3 | damages and benefits, if the land or property is both benefited |
4 | and damaged by such improvements, the excess of damages over |
5 | benefits, or the excess of benefits over damages, or nothing in |
6 | case the benefits and damages are equal, shall be awarded to or |
7 | assessed against the owner of land and property affected |
8 | thereby. |
9 | Section 207. Section 2850 of the act is repealed: |
10 | [Section 2850. Title Acquired.--In all cases where land or |
11 | property is acquired by the city in eminent domain proceedings |
12 | other than for street purposes, or is acquired by gift, purchase |
13 | or otherwise, the title obtained by the city shall be in fee |
14 | simple or like absolute ownership: Provided, That in particular |
15 | instances a different title may by agreement or consent be |
16 | acquired.] |
17 | Section 208. Article XXIX heading of the act is reenacted to |
18 | read: |
19 | ARTICLE XXIX |
20 | STREETS |
21 | Section 209. The heading of subdivision (a) of Article XXIX |
22 | of the act is repealed: |
23 | [(a) Plans and Location] |
24 | Section 210. The act is amended by adding sections to read: |
25 | Section 2901. Map of Streets.--Council may authorize and |
26 | approve a comprehensive map of city streets which may, but need |
27 | not, be a part of an official map adopted in accordance with the |
28 | Municipalities Planning Code. If a comprehensive map of city |
29 | streets is adopted, any street subsequently laid out in |
30 | accordance with this act shall be deemed an amendment to the |
|
1 | comprehensive map. |
2 | Section 2902. Laying Out Streets.--(a) A city shall have |
3 | the power to and may lay out streets by any of the following |
4 | means: |
5 | (1) By identifying the street on a comprehensive map of city |
6 | streets, in an amendment to the comprehensive map or in a |
7 | recorded subdivision or land development plan. |
8 | (2) By an ordinance laying out any area for future opening |
9 | as a public street. |
10 | (b) If, at the time of the enactment of an ordinance in |
11 | accordance with subsection (a)(2), the lines of the laid-out |
12 | street include property not subject to use as a public |
13 | passageway, the ordinance shall be filed with the recorder of |
14 | deeds of the county where the city is located. The recorder of |
15 | deeds shall index the ordinance by name of city, the name of the |
16 | property owner and, if applicable, the parcel number of the |
17 | property through which the proposed street is laid out. |
18 | Section 2903. Effect of Laying Out of Street.--With regard |
19 | to land not previously used by the city as a passageway for |
20 | public travel, the laying out and locating of a street in |
21 | accordance with this article shall not, in and of itself, do any |
22 | of the following: |
23 | (1) Authorize the entry upon or the appropriation of any |
24 | property. |
25 | (2) Constitute the opening of any street or the taking or |
26 | acceptance of any land. |
27 | (3) Obligate the city to improve or maintain the street or |
28 | land. |
29 | Section 2904. Improvements Within Laid-out Streets.--No |
30 | permit shall be issued for any building within the lines of any |
|
1 | street laid out pursuant to this article. No person shall |
2 | recover any damages for the taking for public use of any |
3 | building or improvements constructed within the lines of any |
4 | street after the same shall have been included in the general |
5 | plan or official map, and any building or improvement shall be |
6 | removed at the expense of the owner. |
7 | Section 211. Article XXIX subdivision (b) heading of the act |
8 | is repealed: |
9 | [(b) Opening, Widening, Extending, Straightening and Vacating] |
10 | Section 212. Section 2915 of the act is amended to read: |
11 | Section 2915. Power to Open, Etc.--[Cities] (a) With regard |
12 | to any street or any part of a street within city limits, a city |
13 | may, with or without any petition of property owners, [may] do |
14 | any of the following: |
15 | (1) [open] Open, widen, straighten, alter, extend and |
16 | improve[, and may]. |
17 | (2) [establish] Establish or reestablish the grades [of, |
18 | and]. |
19 | (3) [keep] Keep in order and repair and in safe passable |
20 | condition[, any street, or any part thereof, within the city |
21 | limits, or may]. |
22 | (4) [vacate] Vacate and discontinue [the same] whenever |
23 | deemed expedient for the public good[,]. |
24 | (5) With the approval of the Department of Transportation, |
25 | vacate highways laid out by the Commonwealth within the city |
26 | limits which have remained unopened for thirty years. |
27 | (b) [and] A city may provide for the payment of the cost |
28 | [thereof,] for any of the actions authorized in subsection (a), |
29 | either in whole or in part, from the general revenues of the |
30 | city. [Cities may vacate highways laid out by the Commonwealth |
|
1 | within their limits, which highways have remained unopened for |
2 | thirty years.] |
3 | Section 213. Section 2916 of the act, amended June 14, 1961 |
4 | (P.L.362, No.197), is amended to read: |
5 | Section 2916. Ordinances [when no] When No Petition is |
6 | Presented.--[Any ordinance for](a) An ordinance shall be |
7 | enacted for the opening, widening, straightening, extending or |
8 | vacating of any street, without petition of property owners, |
9 | [shall be adopted] by the affirmative vote of [at least four |
10 | members of any five member council, and under the mayor-council |
11 | plan A of government adopted pursuant to the Optional Third |
12 | Class City Charter Law, by the affirmative vote of at least five |
13 | members of a seven member council and by the affirmative vote of |
14 | at least seven members of a nine member council] a majority of |
15 | the whole number of members of the council plus one. |
16 | (b) [No such ordinance shall be finally adopted] An |
17 | ordinance pursuant to subsection (a) shall not be finally |
18 | enacted until the expiration of twenty-eight days from the date |
19 | of its introduction and, in the meantime, copies thereof shall |
20 | be published in [one or more of the newspapers of the city,] a |
21 | newspaper once a week for three consecutive weeks[,] immediately |
22 | following the introduction thereof[, and in case no newspaper is |
23 | published in the city, then in the same manner in one newspaper |
24 | published in the county]. |
25 | Section 214. Sections 2917, 2918 and 2919 of the act are |
26 | amended to read: |
27 | Section 2917. Erection of Improvements Restricted.--Any |
28 | ordinance widening or straightening any street, or part thereof, |
29 | shall fix the new line or lines and may require that thereafter |
30 | no owner or builder shall erect any new building or rebuild or |
|
1 | alter the front of any building already erected without making |
2 | it conform to the new lines[. In], in which case the land |
3 | owner's right of action shall accrue only when the city actually |
4 | enters on and occupies the land within the [said lines, or the |
5 | said] lines or the building is located or relocated to conform |
6 | to [said] the lines. |
7 | Section 2918. Petition for Opening, Etc.--(a) A petition |
8 | may be presented to council for the opening, widening, |
9 | straightening, altering, extending, vacating, or [for the] |
10 | establishing or reestablishing of the grade of any street[,]. |
11 | (b) A petition made pursuant to this section shall be signed |
12 | by a majority, in number and interest, of the owners of property |
13 | abutting on the line of the proposed improvement or vacation as |
14 | fixed at the time of presentation of the petition, and shall be |
15 | verified by the affidavit of one or more of the petitioners. The |
16 | majority in interest of owners of undivided interests in any |
17 | piece of property shall be deemed as one person for the purposes |
18 | of the petition. |
19 | Section 2919. Notice of [Ordinance and] Petition[; |
20 | Appeal].--[Upon the approval of] After the presentation of the |
21 | petition presented in accordance with section 2918, and |
22 | council's determination of the adequacy of the petition, but |
23 | before final enactment of any ordinance [passed] enacted |
24 | pursuant to [said] the petition, notice shall be [given, once a |
25 | week in one] published in a newspaper, [as required by section |
26 | one hundred and nine of this act,] and [by] handbills shall be |
27 | posted in conspicuous places along the line of the proposed |
28 | improvement. The notice and handbills shall state the fact [of |
29 | the passage of the ordinance, and the date thereof,] that the |
30 | petition for the improvement was signed by a majority in |
|
1 | interest and number of the owners of property abutting the line |
2 | of the proposed improvement, and that any person interested may |
3 | [appeal to the court of common pleas of the county within thirty |
4 | days after the passage of the said ordinance.] provide comments |
5 | at a public hearing to be held at a date, time and place as |
6 | stated in the published notice and handbills. If, after the |
7 | hearing, council determines to proceed with the consideration of |
8 | an ordinance pursuant to the petition, it shall publish notice |
9 | of the ordinance and incorporate reference to any maps or |
10 | drawing, in accordance with subdivision (a.1) of Article X. |
11 | Section 215. Sections 2920 and 2921 of the act are repealed: |
12 | [Section 2920. Appeal from Ordinance.--Any person interested |
13 | may, within thirty days from the passage of the ordinance, |
14 | appeal from the validity of the ordinance to the court of common |
15 | pleas questioning the legality of the petition for improvement |
16 | or of the said ordinance or of both. If said court shall find |
17 | the petition or ordinance materially defective under the law, it |
18 | shall declare the ordinance void, otherwise it shall approve the |
19 | same.] |
20 | Section 216. Section 2921 of the act, repealed in part June |
21 | 3, 1971 (P.L.118, No.6), is repealed: |
22 | [Section 2921. Effect of Failure to Appeal.--The parties |
23 | interested shall not question the legality of the petition and |
24 | ordinance in any manner or matter or at any time whatever, |
25 | except as provided in section two thousand nine hundred and |
26 | twenty of this act.] |
27 | Section 217. Section 2922 of the act is amended to read: |
28 | Section 2922. Assessment of Damages and Benefits.--[In any |
29 | proceedings under this subdivision of this article,] If |
30 | necessary, in any proceedings to exercise one of the powers |
|
1 | given in section 2915, viewers shall be appointed, damages |
2 | awarded, and benefits assessed as provided in 26 Pa.C.S. |
3 | (relating to eminent domain) or as provided in this act for |
4 | [such proceedings] the assessment of benefits. |
5 | Section 218. Article XXIX subdivision (c) heading of the act |
6 | is repealed: |
7 | [(c) Grading, Paving, Macadamizing, Et Cetera] |
8 | Section 219. Sections 2930 and 2931 of the act are amended |
9 | to read: |
10 | Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.-- |
11 | (a) Every city may grade, pave, macadamize or otherwise[,] |
12 | improve any street, or part thereof, and the sidewalks thereof |
13 | when included as a part of the improvement, have the same set |
14 | with curbstone, and provide for the drainage thereof. |
15 | (b) Every city may also provide for the improvement of any |
16 | [highway, or] street, or any sections or parts thereof, in |
17 | length, in the space between the curb, gutter, or [actual |
18 | carriage-way line] cartway and the property line, either by an |
19 | original work or improvement thereon, or by a change, repair, |
20 | renewal, or alteration in the [said] street or curb, or in |
21 | parking spaces, or shade trees, or by changing, altering, |
22 | renewing, replanting, pruning, or otherwise [improving the same, |
23 | in any or all of said particulars] making improvements therein. |
24 | Section 2931. Payment of Cost of Improvement.--The costs and |
25 | expenses of [things] the improvements done under [section two |
26 | thousand nine hundred and thirty of this act] section 2930 shall |
27 | be paid, in whole or in part, by the city, or by the owners of |
28 | real estate bounding and abutting thereon, which cost and |
29 | expense upon the abutting real estate shall be assessed |
30 | according to the foot-front rule, or according to the benefits, |
|
1 | as council shall, by ordinance, determine, except that in case |
2 | of grading only, the [said] costs and expense shall be assessed |
3 | according to benefits. |
4 | Section 220. Sections 2932, 2933 and 2934 of the act are |
5 | repealed: |
6 | [Section 2932. Assessment of Cost by Foot-Front Rule.--When |
7 | the costs and expenses, or any part thereof, are to be paid for |
8 | by the foot-front rule, the council shall assess or cause to be |
9 | assessed the said cost and expenses upon the real estate |
10 | bounding or abutting on the line of the improvement, by an equal |
11 | assessment on said property in proportion to the number of feet |
12 | the same fronts on the respective street, or part thereof, to be |
13 | improved. The council may provide for an equitable reduction |
14 | from the frontage of lots at all street, railroad, or like |
15 | intersections, or where, from the peculiar or pointed shape of |
16 | the lots, an assessment for the full frontage would be |
17 | inequitable. |
18 | Section 2933. Assessment of Costs According to Benefits.-- |
19 | When the cost and expenses, or any part thereof, of any grading, |
20 | paving, macadamizing, or other improvement of any street, or |
21 | part thereof, is to be paid for by the owners of real estate |
22 | abutting or bounding thereon as aforesaid, according to |
23 | benefits, the same shall be assessed by viewers appointed by the |
24 | court of common pleas, as provided in this act for the |
25 | assessment of benefits by viewers. |
26 | Section 2934. Ordinance for Improvement at Expense of |
27 | Property Owners upon Petition.--Council may, by ordinance, |
28 | provide for the paving, macadamizing, grading, or other |
29 | improvement of any street, or part thereof, at the cost and |
30 | expense of the abutting property owners in whole or in part, |
|
1 | upon the petition therefor of a majority in number or interest |
2 | of the owners of property abutting or bounding on the line of |
3 | the proposed improvement, to be verified by the affidavit of one |
4 | or more of the petitioners. A majority in interest of owners of |
5 | undivided interests in any piece of property shall be deemed and |
6 | treated as one person for the purpose of said petition.] |
7 | Section 221. Section 2935 of the act, amended June 14, 1961 |
8 | (P.L.362, No.197), is repealed: |
9 | [Section 2935. Ordinance for Improvement at Expense of |
10 | Property Owners without Petition.--Council may, by ordinance, |
11 | provide for the paving, macadamizing, grading or other |
12 | improvement of any street, or part thereof, at the cost and |
13 | expense of the abutting property owners, in whole or in part, |
14 | without petition therefor of abutting property owners if the |
15 | ordinance for such improvement has been passed by the |
16 | affirmative vote of four members of any five member council, and |
17 | under the mayor-council plan A of government adopted pursuant to |
18 | the Optional Third Class City Charter Law, by the affirmative |
19 | vote of at least five members of a seven member council and by |
20 | the affirmative vote of at least seven members of a nine member |
21 | council. Such ordinance shall not be passed in a less period |
22 | than twenty-eight days from the date of its introduction; and, |
23 | in the meantime, copies of such ordinance shall be published, in |
24 | one or more newspapers, once a week for three weeks, in the |
25 | manner required by section one hundred and nine of this act. The |
26 | requirements for such publication shall not, however, preclude |
27 | the amendment of any paving ordinance as to the kind of pavement |
28 | with which any street, or part thereof, or sidewalk, is proposed |
29 | to be paved.] |
30 | Section 222. Sections 2936 and 2937 of the act are repealed: |
|
1 | [Section 2936. Appeal from Ordinance.--Any person affected |
2 | may appeal from said ordinance in the manner and time and with |
3 | the effect provided for in sections two thousand nine hundred |
4 | twenty and twenty-one of this act. |
5 | Section 2937. Assessment of Damages and Benefits.--In any |
6 | proceedings under this subdivision of this article where the |
7 | cost and expense of the improvement is not assessed by the foot- |
8 | front rule, viewers shall be appointed, damages awarded, and |
9 | benefits assessed as provided in this act, for such |
10 | proceedings.] |
11 | Section 223. Section 2938 of the act is amended to read: |
12 | Section 2938. Preparation of Streets for Paving or |
13 | Repairing.--(a) Council may provide, by ordinance, for the |
14 | laying, renewing, and repairing of all gas, water, steam, or |
15 | other pipes, or conduits[,] in any street, before the paving, |
16 | repaving, or repairing of the same, and for making the necessary |
17 | [house] connections with [said] the pipes[, and also for]. |
18 | (b) With regard to main or lateral sewers, council may |
19 | provide for the necessary [house] connections and branches [with |
20 | and] leading into main or lateral sewers[: Provided, That in no |
21 | case, except as a sanitary measure, of which council shall be |
22 | the judge, shall council require such house connections to be |
23 | extended further from such sewers, or from such gas, water, |
24 | steam, or other pipes, or conduits, than to the inner line of |
25 | the curbstone of such street Council may,]. |
26 | (c) With regard to connections requiring extensions from |
27 | sewers or from gas, water, steam or other pipes or conduits, |
28 | council may not require private utility companies to make |
29 | extensions beyond the inner line of the curbstone of the street |
30 | unless it determines that it is necessary to do so as a sanitary |
|
1 | measure. |
2 | (d) If, after notice to all companies, corporations, |
3 | persons, and owners affected[, and in default of compliance |
4 | therewith, cause said pipes to be laid, renewed, or repaired, |
5 | and said connection made,] of the necessity for the laying, |
6 | renewing and repairing of gas, water, steam or other pipes or |
7 | conduits in a street and the necessity of making necessary |
8 | connections, prior to the proposed paving, repaving or repairing |
9 | of the street, there is a failure to comply, council may perform |
10 | work and may collect the cost of paving[, and repairing all |
11 | pipes and pipe connections, from the companies, corporations, or |
12 | persons owning or operating the said gas, water, steam, and |
13 | other pipes or conduits,] or repaving, or repairing of the pipes |
14 | or conduits, with interest[; and the], from the companies, |
15 | corporations, persons and owners affected. The cost of the sewer |
16 | connections shall be a first lien against the land for whose |
17 | benefit [such] the connections are made. A separate lien may be |
18 | filed therefor, or [such] the sewer connection cost may be |
19 | included in any lien filed for the cost of [such] the street |
20 | improvement, and the lien and the proceedings thereon shall be |
21 | as in the case of other municipal liens. |
22 | Section 224. Section 2939 of the act, amended September 26, |
23 | 1951 (P.L.1515, No.379), is amended to read: |
24 | Section 2939. Highways in Cities.--Wherever in this act a |
25 | city is given powers, rights and duties as to its streets or |
26 | sections thereof, the same shall extend as well to highways or |
27 | sections thereof which are also streets of the city, to the |
28 | extent that the city is legally responsible for them, pursuant |
29 | to agreement or otherwise, excepting damages to abutting |
30 | property owners for acts of the Commonwealth unless the city |
|
1 | shall assume them, under this act or the [State Highway Law.] |
2 | act of June 1, 1945 (P.L.1242, No.428), known as the "State |
3 | Highway Law." The use of the word "street" in this act shall to |
4 | that extent include highways. |
5 | Section 225. Article XXIX subdivision (d) heading of the act |
6 | is repealed: |
7 | [(d) Grade Crossings] |
8 | Section 226. Section 2950 of the act is amended to read: |
9 | Section 2950. [Consent of Public Utility Commission] Grade |
10 | Crossing; Pennsylvania Public Utility Commission; Jurisdiction; |
11 | Damages.--(a) Every city constructing a street across a |
12 | railroad shall construct the same above or below the grade |
13 | thereof, unless permitted by the Pennsylvania Public Utility |
14 | Commission to construct the same at grade. |
15 | (b) Any new construction of a street crossing a railroad, or |
16 | any vacation of any street crossing a railroad, shall be |
17 | constructed or vacated only in a manner consistent with the |
18 | rules and regulations and under the jurisdiction of the |
19 | Pennsylvania Public Utility Commission. The compensation for |
20 | damages to the owners of adjacent property taken, injured or |
21 | destroyed by the construction of a street crossing a railroad or |
22 | any vacation of any street crossing a railroad shall be |
23 | ascertained, fixed and paid in a manner consistent with 66 |
24 | Pa.C.S. Pt. I (relating to public utility code). |
25 | Section 227. Section 2951 and Article XXIX subdivision (e) |
26 | heading of the act are repealed: |
27 | [Section 2951. Public Utility Commission; Jurisdiction; |
28 | Damages.--Any such crossings of a railroad by a street, or any |
29 | vacation of any street crossing a railroad, shall be constructed |
30 | or vacated only in the manner prescribed by, and under the |
|
1 | jurisdiction of, the Public Utility Commission. The compensation |
2 | for damages to the owners of adjacent property taken, injured or |
3 | destroyed shall be ascertained, fixed, and paid in the manner |
4 | prescribed in the Public Utility Law. |
5 | (e) Acquisition of Unobstructed View Across Lands] |
6 | Section 228. Section 2955 of the act is amended to read: |
7 | Section 2955. Acquisition of Unobstructed Views.--Any city |
8 | may acquire, by purchase or by the right of eminent domain, a |
9 | free and unobstructed view down and across lands located at or |
10 | near intersections or curves of streets, railroads or railways, |
11 | [or curves of any of them, as may be necessary,] to assure a |
12 | free and unobstructed view in all directions at [such places,] |
13 | the intersections or curves and to prevent the use of [such] the |
14 | lands over and across which the view was acquired for any |
15 | purpose or in any manner which may interfere with or obstruct |
16 | the vision of any person or persons traveling upon any [such] |
17 | street within the city. [Upon any such condemnation, the city |
18 | having instituted the condemnation proceedings shall file with |
19 | the recorder of deeds a plan, showing the property condemned and |
20 | such other detailed information as may be deemed necessary and, |
21 | after the same is filed, said city may, from time to time, abate |
22 | or remove, or cause to be abated or removed, any obstruction to |
23 | such view over and across such lands. |
24 | The proceedings for the condemnation of such view over and |
25 | across such lands, and for the assessment of damages for |
26 | property taken, injured or destroyed, shall be in the manner |
27 | provided in this act for property taken, injured or destroyed. |
28 | Upon the condemnation of a view over and across any lands for |
29 | the purposes aforesaid, the owner of such lands may make every |
30 | such use thereof as will not interfere with a free and |
|
1 | unobstructed view at such intersection or curve. Unless |
2 | specially provided for in such condemnation proceedings, such |
3 | condemnation shall not be construed to prevent the owner thereof |
4 | from using such land for pasture or the growing of grass, oats, |
5 | wheat, or other crops which will not obstruct the vision more |
6 | than wheat.] |
7 | Section 229. Article XXIX subdivision (f) heading of the act |
8 | is repealed: |
9 | [(f) Use of Abutting Lands] |
10 | Section 230. Section 2960 of the act is amended to read: |
11 | Section 2960. Use of Abutting Lands for Embankments, Slopes, |
12 | Fills, and Culverts.--In the grading of any street, or any part |
13 | thereof, cities are hereby authorized and empowered to use so |
14 | much of the lots and lands abutting on the [same] street for the |
15 | construction of embankments, slopes, fills and culverts, as may |
16 | be necessary [and proper] for the completion of the improvement. |
17 | [The assessment of] Compensation for damages, costs, and |
18 | expenses, resulting [thereby, shall be regarded as other |
19 | assessments of damages, costs, and expenses, caused by the |
20 | grading of streets, in cities and shall be assessed and paid as |
21 | is provided by this act in such cases] from the use of lots and |
22 | lands abutting on the street for the construction of |
23 | embankments, slopes, fills and culverts shall be made in the |
24 | same manner as compensation for using and occupying private |
25 | lands for the grading of streets in accordance with section |
26 | 2801. |
27 | Section 231. Article XXIX subdivision (g) heading, section |
28 | 2963, subdivision (h) heading, section 2965 and subdivision (i) |
29 | heading of the act are repealed: |
30 | [(g) Abandoned Turnpikes |
|
1 | Section 2963. Maintenance and Improvement of Condemned and |
2 | Abandoned Turnpikes.--When any turnpike, or part thereof, |
3 | situate in the same or more than one county, shall be condemned |
4 | for public use, free of tolls, and the assessment of damages |
5 | therefor shall have been paid by the county, or when any |
6 | turnpike company or association has abandoned its turnpike, or |
7 | any part thereof, or when any turnpike company or association |
8 | has been dissolved, such turnpike, or part thereof, located |
9 | within the limits of any city shall be maintained and improved |
10 | in the same manner as other streets of the city. |
11 | (h) Unlawful Assessments |
12 | Section 2965. Repayment of Assessments Paid to City by |
13 | Owners of Property Unlawfully Assessed.--Any city receiving |
14 | money in payment of an assessment levied under any provision of |
15 | this article shall repay the same or so much thereof as shall be |
16 | ordered to any parties bringing the action, within two years of |
17 | such payment or payments, upon the final determination of a |
18 | proper court in a proper issue that the assessment levied was |
19 | not such as the owner of the property so assessed was liable to |
20 | pay at the time council ordered the work to be done for which |
21 | the assessment was made, or within the said period of two years, |
22 | the city may repay such money voluntarily upon a showing that |
23 | the same was paid inadvertently, or such assessment or part |
24 | thereof was made erroneously. |
25 | (i) Streets or Roads Connecting City with Highways] |
26 | Section 232. Section 2970 of the act is amended to read: |
27 | Section 2970. Appropriation for Connections with Highways.-- |
28 | Cities may, singly or jointly, with other political |
29 | subdivisions, appropriate and expend moneys for the improvement |
30 | of streets or roads beyond the limits of [such] the cities[,] |
|
1 | for the purpose of connecting improved streets in [such] the |
2 | cities with a highway [whenever that part of the connecting |
3 | street or road to be improved outside the city limits shall be |
4 | less than one mile in length]. |
5 | Section 233. Article XXIX subdivision (j) heading of the act |
6 | is repealed: |
7 | [(j) Detours] |
8 | Section 234. Section 2975 of the act is amended to read: |
9 | Section 2975. [Streets not to be Closed to Vehicular |
10 | Traffic; Exceptions.--]Street Closings; Detours.--(a) The |
11 | following shall apply to the closing of a street to vehicular |
12 | traffic: |
13 | (1) No street shall be closed to vehicular traffic, except |
14 | upon order of the Department of Streets and Public Improvements, |
15 | [or, by order of the mayor] or other department of the city |
16 | having jurisdiction over public streets or, in cases of |
17 | emergency where immediate action is necessary to protect public |
18 | safety, by order of the mayor, the police or the fire marshal[, |
19 | in cases of emergency, wherein the safety of the public would be |
20 | endangered, nor shall any such]. |
21 | (2) A street [be] may not remain closed for a longer period |
22 | than is necessary for the purpose for which [such] the order |
23 | [is] to close was issued. |
24 | (3) Except in cases of emergency, where immediate action is |
25 | necessary to protect public safety, no street shall be closed to |
26 | vehicular traffic when the same has been designated as a detour |
27 | by the Department of Transportation, unless the written consent |
28 | of the Secretary of Transportation has first been obtained or |
29 | unless council shall, by resolution duly recorded on its |
30 | minutes, declare the closing necessary for the safety of the |
|
1 | public. |
2 | (4) When any street which forms a part or section of a State |
3 | highway, or has been designated as a detour by the Department of |
4 | Transportation, is closed to vehicular traffic, the city shall |
5 | at once notify the Department of Transportation of the creation |
6 | of a detour, as hereinafter provided. When the detour is |
7 | removed, the Department of Transportation shall also be notified |
8 | at once of the removal. |
9 | (5) When any street shall be closed, it shall be the duty of |
10 | the official or department that authorized the closing to |
11 | designate a detour. |
12 | (6) While the detour is in use, legible signs shall be |
13 | erected and maintained at reasonable intervals, indicating the |
14 | proper direction, and the detour shall be maintained in safe and |
15 | passable condition. |
16 | (7) When the street that had been closed is opened for |
17 | traffic, all detour signs shall be removed. |
18 | (b) A city may enter into agreement with the owners of |
19 | private lands covering the acquisition of right of way |
20 | privileges for a detour over private property for the period |
21 | when a street shall be closed to traffic. In case no agreement |
22 | satisfactory to the parties can be reached, the city may proceed |
23 | with the construction of the detour, with the owner of the |
24 | property taken for the detour entitled to seek damages, if any, |
25 | in the same manner as damages are now ascertained for the |
26 | opening of streets in the city. |
27 | (c) In the exercise of the rights conferred by this section |
28 | relating to detours, council is hereby empowered to pay for the |
29 | necessary maintenance, subsequent repair and land rental out of |
30 | funds available for the construction and maintenance of city |
|
1 | streets. |
2 | (d) Any person who shall wilfully remove, deface, destroy or |
3 | disregard any barricade, light, danger sign, detour sign, signal |
4 | or warning of any other character whatsoever so legally erected |
5 | or placed or who shall drive on, over or across any street which |
6 | has been closed by proper authority commits a summary offense |
7 | punishable upon conviction thereof in accordance with section |
8 | 1018.16, but with a mandatory fine of not less than five hundred |
9 | dollars ($500) or more than the maximum fine authorized in |
10 | section 1018.16 for the second or any subsequent offense, and |
11 | shall pay the costs of prosecution together with the value of |
12 | the property so removed, defaced or destroyed, except that |
13 | persons who have no outlet due to the closing of a street may |
14 | drive on, over or across the street, subject to reasonable |
15 | conditions as may be prescribed by the city without being |
16 | subject to the penalties imposed by this section. |
17 | (e) All fines collected under the provisions of this section |
18 | shall be paid over to the treasurer of the city. |
19 | (f) In addition to the penalties provided in subsection (d), |
20 | the city, its agents or contractors may, in an action at law, |
21 | recover damages from any person or persons who have damaged a |
22 | street when it is closed to vehicular traffic. |
23 | Section 235. Sections 2976, 2977 and 2978 of the act are |
24 | repealed: |
25 | [Section 2976. Closing of Streets Designated as Detours by |
26 | State.--No street shall be closed to vehicular traffic when the |
27 | same has been designated as a detour by the Department of |
28 | Highways of the Commonwealth, unless the written consent of the |
29 | Secretary of Highways has first been obtained, or unless council |
30 | shall, by resolution duly recorded on its minutes, declare such |
|
1 | closing necessary for the safety of the public. |
2 | Section 2977. Notice of Detour on Streets Forming Part of |
3 | Highway.--When any street which forms a part or section of a |
4 | highway, is closed to vehicular traffic, the city shall at once |
5 | notify the Department of Highways of the Commonwealth of the |
6 | creation of a detour, as hereinafter provided. When such detour |
7 | is removed, the Department of Highways shall also be notified at |
8 | once of the removal. |
9 | Section 2978. Detours to be Provided when Streets Closed.-- |
10 | When any street shall be closed, as hereinbefore provided, it |
11 | shall be the duty of the city authorities authorizing the |
12 | closing to immediately designate or lay out a detour, on which |
13 | they shall erect, or cause to be erected and maintained while |
14 | such detour is in use, legible signs at each intersection |
15 | throughout its entire length, indicating the proper direction. |
16 | During the period when such detour is in use, it shall be the |
17 | duty of such authorities closing the street to maintain such |
18 | detour in safe and passable condition. It shall also be the duty |
19 | of the authorities closing the street and maintaining the detour |
20 | to immediately remove all detour signs when the street |
21 | originally closed is opened for traffic. Whenever necessary in |
22 | the creation of a detour, as aforesaid, the city authorities |
23 | responsible for laying out the detour may enter into agreement |
24 | with the owners of private lands, covering the acquisition of |
25 | right of way privileges over private property for the period |
26 | when the street shall be closed to traffic. In case no agreement |
27 | satisfactory to the parties can be reached, the authorities |
28 | responsible for the laying out of the detour may proceed with |
29 | the construction of the same, and either such authorities or the |
30 | owner of the property occupied may petition the court for the |
|
1 | appointment of viewers to ascertain the damages, if any, in the |
2 | same manner as damages are now ascertained for the opening of |
3 | streets in such city. In the exercise of the rights conferred by |
4 | this section, council is hereby empowered to pay for the |
5 | necessary maintenance, subsequent repair, and land rental out of |
6 | such funds as are available for the construction and maintenance |
7 | of the streets in their charge.] |
8 | Section 236. Section 2979 of the act, amended March 25, 1988 |
9 | (P.L.260, No.29), is repealed: |
10 | [Section 2979. Penalties.--Any person who shall wilfully |
11 | remove, deface, destroy or disregard any barricade, light, |
12 | danger sign, detour sign, or signal, or warning of any other |
13 | character whatsoever so legally erected or placed, or who shall |
14 | drive on, over or across any street which has been closed by |
15 | proper authority, shall, upon conviction thereof in a summary |
16 | proceeding before a magistrate, alderman, or justice of the |
17 | peace, be sentenced to pay a fine of not less than two hundred |
18 | dollars nor more than five hundred dollars for the first |
19 | offense, and a mandatory fine of five hundred dollars for the |
20 | second or any subsequent offense, and the costs of prosecution |
21 | together with the value of the sign so removed, defaced or |
22 | destroyed, and, in default of the payment thereof, shall be |
23 | sentenced to imprisonment of not more than ten days: Provided, |
24 | however, That persons who have no outlet due to the closing of a |
25 | street may drive on, over or across such street, with the |
26 | consent in writing of, and subject to such conditions as may be |
27 | prescribed by, the authorities responsible for the closing or |
28 | their agents or contractors, without being subject to the |
29 | penalties imposed by this section. |
30 | In addition to the penalties herein provided, the authorities |
|
1 | responsible for the maintenance of a street which has been |
2 | closed to vehicular traffic, or their agents or contractors, |
3 | may, in an action at law, recover damages from any person or |
4 | persons who have damaged a street when it is closed to vehicular |
5 | traffic. All fines collected under the provisions of this |
6 | section shall be paid by the officer receiving the same to the |
7 | treasurer of the city.] |
8 | Section 237. Article XXIX subdivision (k) heading of the act |
9 | is repealed: |
10 | [(k) Boundary Streets] |
11 | Section 238. Sections 2985 and 2986 of the act are amended |
12 | to read: |
13 | Section 2985. Maintenance of Streets Forming Boundaries.-- |
14 | Whenever any street is on the boundary line between any city and |
15 | [a township, such] any other municipal corporation, the street |
16 | shall be maintained jointly by the city and the [township] other |
17 | municipal corporation. For the purpose of maintaining any such |
18 | street, the [authorities] officers of any city are hereby |
19 | directed to enter into agreements with the [authorities of any |
20 | township] other municipal corporation providing the manner in |
21 | which the same shall be maintained[,] and providing for the |
22 | division of the cost of maintenance between the city and |
23 | [township] other municipal corporation. If any [such city or |
24 | township] other municipal corporation shall fail or refuse to |
25 | enter into any such contract, [any taxpayer thereof or the |
26 | corporate authorities of the city or township] the city or any |
27 | taxpayer of the other municipal corporation may present a |
28 | petition to the court of [quarter sessions] common pleas of the |
29 | county, setting forth the facts. The court, after hearing, of |
30 | which [such] notice shall be given to all parties interested as |
|
1 | the court may direct, shall make an order directing the manner |
2 | of such maintenance and the division of the cost of maintenance |
3 | between the city and the [township] other municipal corporation. |
4 | Section 2986. Streets, the Center Line of Which Is the |
5 | Boundary [between Municipalities in the Same County] Between a |
6 | City and Another Municipal Corporation.--Whenever [the center |
7 | line of] any street constitutes the dividing line between [any |
8 | city and a township located in the same county, the city may |
9 | enter into a contract with the commissioners of the county and |
10 | the commissioners or road supervisors of the township, as the |
11 | case may be, providing for the grading, curbing, and |
12 | macadamizing or paving, of the street; the cost of such |
13 | improvement, to be borne one-half by the city, and one-half by |
14 | the county and township, in equal portions. |
15 | The alteration or improvement shall be constructed, and |
16 | subsequent repairs shall be made, under the supervision of the |
17 | proper authorities of the city, in compliance with existing laws |
18 | governing the construction of such alterations or improvements |
19 | in said city, and in further compliance with plans and |
20 | specifications to be agreed upon, in writing, between said city |
21 | and the commissioners of the county and commissioners or road |
22 | supervisors of the said township. The cost of repairs shall be |
23 | borne one-half by the city, and one-half by the township, or by |
24 | the county and township, in equal portions, or such other |
25 | proportions as may be agreed upon by the county and township] a |
26 | city and another municipal corporation, the city may enter into |
27 | a contract with the other municipal corporation to provide for |
28 | the grading, curbing, draining, paving and macadamizing of the |
29 | street. The alterations and improvements shall be made under the |
30 | supervision of the city or other municipal corporation, or by |
|
1 | contract let by the city or the other municipal corporation, as |
2 | may be provided for in the contract between the city and the |
3 | other municipal corporation. |
4 | Section 239. Section 2987 of the act is repealed: |
5 | [Section 2987. Street, the Center Line of Which is the |
6 | Boundary between Municipalities in Different Counties.--Whenever |
7 | the center line of any street constitutes a dividing line |
8 | between a city and a township located in an adjacent county, the |
9 | city may enter into a contract with the commissioners of the |
10 | county and the commissioners or township supervisors of such |
11 | township, as the case may be, providing for the grading, |
12 | curbing, macadamizing, or paving of the street, the cost thereof |
13 | to be borne one-half by the city, and one-half by the township |
14 | and the county in which such township shall be situated, in |
15 | equal portions. |
16 | Such alteration or improvement shall be constructed, and |
17 | subsequent repairs shall be made, under the supervision of the |
18 | proper authorities of the city, in compliance with the |
19 | provisions of this act governing such construction or |
20 | improvement by the city, and in further compliance with plans |
21 | and specifications to be agreed upon in writing between such |
22 | city and the commissioners of the county and the commissioners |
23 | or township supervisors of the township. The cost of repairs |
24 | shall be borne one-half by the city, and one-half by the |
25 | township or by the county and township in equal portions or such |
26 | other proportion as may be agreed upon by the county and |
27 | township. |
28 | In all cases in which it shall be found impossible to enter |
29 | into such contract or agreement, either the city or the county |
30 | or township or any taxpayer thereof may present a petition to |
|
1 | the court of common pleas of either county, setting forth the |
2 | facts and circumstances, including the condition of the street |
3 | from which the necessity or desirability for the grading, |
4 | curbing, macadamizing, or paving appears, and the estimated cost |
5 | thereof, and that the said city or county or the township have |
6 | failed to agree upon terms of the said contract. Such court may, |
7 | after hearing all the parties concerned, make its order or |
8 | decree, defining the nature and character of the improvement |
9 | reasonably necessary or desirable to be made to the street, and |
10 | requiring the parties hereinabove specified to enter into a |
11 | contract or contracts for the making and constructing of the |
12 | same as herein provided for. |
13 | A copy of the said petition, duly certified, shall be served |
14 | upon the city, the county and the township concerned, other than |
15 | the petitioner, with notice of such day as may be fixed by the |
16 | court for the hearing. Thereupon, any or all of the parties |
17 | served with such notice shall be entitled, on or before such |
18 | date, to file in the said court its answers to the said |
19 | petition, setting forth its version of the facts or such other |
20 | matters in relation thereto as may be deemed necessary or proper |
21 | by it. The court, upon the date so fixed or at such other time |
22 | as it may appoint, shall hear the evidence of the parties, or it |
23 | may refer the matter to a master, who shall hear the testimony |
24 | of the parties and report his findings, in the same manner and |
25 | under the same procedure as provided by the rules in equity in |
26 | similar cases. |
27 | The court may reject, confirm, or modify the report of the |
28 | master and may make its decree or order directing the making of |
29 | such alterations or improvements to the street as may be deemed |
30 | reasonably necessary or desirable and providing for the sharing |
|
1 | of the cost of such improvements, one-half by the city, and one- |
2 | half by the county and township in equal portions. The said |
3 | order or decree may further provide that the repairs to such |
4 | alterations and improvements subsequently required shall be |
5 | borne one-half by the city, and one-half by the county or |
6 | township in equal portions, or such other proportions as between |
7 | the county and the township as such court may find to be legal |
8 | and proper. Thereupon the said grading, curbing, macadamizing, |
9 | or paving of the street shall proceed in accordance with the |
10 | decree or order of the said court in the same manner as if the |
11 | contract or agreement provided for in this section had been |
12 | entered into and duly executed.] |
13 | Section 240. Sections 2988 and 2989 of the act are amended |
14 | to read: |
15 | Section 2988. Streets More Than Half of Whose Width is |
16 | Within City.--(a) Whenever any street, more than one-half the |
17 | width of which is within the limits of any city shall divide the |
18 | [said] city from any other [municipality or township located |
19 | within the same county, such] municipal corporation, the street |
20 | may be improved by the city in the same manner as if the said |
21 | street were entirely located within the limits of [said] the |
22 | city. |
23 | (b) The property [abutting on the side of said street which |
24 | is located outside the limits of the city making such], within |
25 | and without the city, that abuts the street and benefits from |
26 | the improvements [shall] may, for a depth of one hundred and |
27 | fifty feet plus one-half the width of [said] the street, the |
28 | total measured from its center line, be assessed for any and all |
29 | municipal improvements to or on the [said] street in the same |
30 | manner as [such] the property would be assessed under the |
|
1 | provisions of this act if it were entirely located within the |
2 | limits of [such] the city. |
3 | Section 2989. Assessment for Improvements on Property |
4 | Outside Limits Where Street Entirely Within City.--Whenever any |
5 | street, entirely within the limits of any city, shall divide the |
6 | [said] city from any other [municipality or township located in |
7 | the same county] municipal corporation, the property on the side |
8 | of [said] the street, [opposite the present line of said city, |
9 | shall] within and without the city, that abuts the street and |
10 | benefits from the improvement may, for a depth of one hundred |
11 | and fifty feet from said line, be assessed for any and all |
12 | municipal improvements to or on the streets on which the [said] |
13 | property [shall abut] abuts, in the [manner provided by this act |
14 | for such proceedings, as if the said property] same manner as |
15 | the property would be assessed under the provisions of this act |
16 | if it were entirely located within the limits of [said] the |
17 | city. |
18 | Section 241. Section 2990 of the act is repealed: |
19 | [Section 2990. Street the Center Line of Which is the |
20 | Dividing Line Between a City and Borough or Township of the |
21 | First Class; Assessments.--Whenever the center line of any |
22 | street constitutes the dividing line between a city and a |
23 | borough, or a city and a township of the first class, located in |
24 | the same county, the council of such city may, where such |
25 | improvement is through built up property or properties duly |
26 | plotted and laid out in lots for building purposes, and where |
27 | two-thirds of the combined frontage of the two sides petition |
28 | for the improvement, enter into a contract with the borough or |
29 | township providing for the grading, curbing, draining, paving |
30 | and macadamizing of such street. Such alterations and |
|
1 | improvements shall be made under the supervision of the proper |
2 | authorities of such city, borough, or township, or by contract |
3 | let by such city, borough, or township, as may be provided for |
4 | in the contract between the city and borough or township. |
5 | No ordinance or ordinances authorizing any such improvement, |
6 | where the whole or any part of the cost of the improvement is to |
7 | be assessed against abutting property, shall be finally adopted |
8 | until the expiration of thirty days from the date of its |
9 | introduction, and, in the meantime, copies thereof shall be |
10 | published, once a week for two weeks, in one newspaper |
11 | circulating in such city, borough, and township immediately |
12 | following the introduction thereof, and at least five copies |
13 | thereof shall be posted along the line of the proposed |
14 | improvement. |
15 | The whole cost of such alterations and improvements, or any |
16 | part thereof, as may be agreed upon in the contract between the |
17 | city, borough, and township, may be collected from the owners of |
18 | property within the city, borough, and within the township, |
19 | abutting along the line of the improvement, by an equal |
20 | assessment on the foot front. Any portion of such cost not |
21 | assessed against abutting property shall be paid one-half by |
22 | each of the municipal divisions joining in the improvement. |
23 | Thirty days' notice of assessments of the whole cost or part |
24 | of the cost of any such improvement shall be given to each party |
25 | assessed, either by service on the owner or his agent, or posted |
26 | on the premises by the clerk or secretary of the city, borough, |
27 | or township making the improvement. If any assessment made by |
28 | the city shall remain unpaid at the expiration of the notice, it |
29 | shall be the duty of the city solicitor to collect the same, |
30 | with interest from the time of the completion of the |
|
1 | improvement, by action of assumpsit, or by a lien to be filed |
2 | and collected in the same manner as municipal claims. When an |
3 | owner has two or more lots against which there is an assessment |
4 | for the same improvement, all of such lots shall be embraced in |
5 | one claim.] |
6 | Section 242. Article XXX heading of the act is reenacted to |
7 | read: |
8 | ARTICLE XXX |
9 | SIDEWALKS |
10 | Section 243. Sections 3001 and 3002 of the act are amended |
11 | to read: |
12 | Section 3001. Power to Lay Out and Grade Sidewalks; Compel |
13 | Construction of Sidewalks.--Any city may lay out, ordain and |
14 | establish sidewalks, curbs, gutters and drains along any street, |
15 | and may, with or without petition, require owners of property |
16 | abutting on any street to construct, pave, curb, repave and |
17 | recurb the sidewalks, and keep the same in good repair along |
18 | [such] their property, at such grades, and under such |
19 | regulations and specifications as council may provide. The |
20 | written consent of the Department of Transportation shall first |
21 | be obtained if the highway is a State highway. |
22 | Section 3002. Construction by Cities Upon Failure of Owner |
23 | So to Do; Collection of Cost.--(a) Upon failure of any owner of |
24 | property abutting on any street to construct, pave, curb, |
25 | repave, recurb or maintain any sidewalk [after notice so to do, |
26 | the same may be done or caused to be done by the city, and the |
27 | cost thereof], in accordance with the notice required in |
28 | subsection (d), the city, itself or by contract, may complete |
29 | the construction, paving, curbing, repaving, recurbing or |
30 | maintenance. |
|
1 | (b) Costs incurred by the city pursuant to subsection (a) |
2 | may be levied against and collected from [such] the owner who |
3 | failed to complete the construction, paving, curbing, repaving, |
4 | recurbing or maintenance of the sidewalk pursuant to notice to |
5 | do so, together with a penalty of ten per centum of [such] the |
6 | costs and all charges and expenses[, which amount]. |
7 | (c) The costs, penalties, charges and expenses provided for |
8 | in subsection (b) shall be a lien upon [such premises] the |
9 | property for which the notice to construct, pave, curb, repave, |
10 | recurb or maintain the sidewalk was given. The lien shall exist |
11 | from the time of the completion of the work, which [date shall |
12 | be fixed by certificate of the city engineer, filed with the |
13 | clerk, and may be collected by action in assumpsit, or such] |
14 | shall be certified in accordance with section 1504. The lien may |
15 | be filed and proceeded in as provided by law in the case of |
16 | municipal liens[, or the] or may be collected from the owner by |
17 | action in assumpsit. Alternatively, the cost may be borne by the |
18 | city in whole or in part[;] and if in part, the rest to be |
19 | collected [from the owner] as provided herein. |
20 | (d) The notice required [herein] by this section shall be |
21 | served upon the owner of property to construct, pave, curb, |
22 | repave, recurb or maintain a sidewalk, if that can be done |
23 | within the county; [when it cannot be done so] if this cannot be |
24 | done, then the notice may be served upon the owner's agent or |
25 | the party in possession; and if this cannot be done, then the |
26 | notice may be served by posting conspicuously upon the premises. |
27 | Council may, by ordinance, [establish the period of such notice |
28 | after service after which the owner shall be deemed to have |
29 | failed to comply therewith. Such period shall not be less than |
30 | ten days] provide that, upon service or posting of notice in |
|
1 | accordance with this section, an owner shall be deemed to have |
2 | failed to comply if the work is not completed within a specified |
3 | period, which may be more but shall not be less than forty-five |
4 | days after the service or posting. |
5 | Section 244. Section 3002.1 of the act, added August 11, |
6 | 1967 (P.L.206, No.70), is amended to read: |
7 | Section 3002.1. Ordinances.--All reconstruction, repaving, |
8 | and recurbing of sidewalks may be provided for in the ordinance |
9 | providing for the original construction, paving and curbing of |
10 | sidewalks without the necessity for adopting a new ordinance |
11 | providing for [such] the reconstruction, repaving and recurbing. |
12 | Section 245. Section 3003 of the act is amended to read: |
13 | Section 3003. Emergency Repairs; Notice; Cost.--(a) Any |
14 | city may make emergency repairs to sidewalks, within its |
15 | corporate limits[, when, in the opinion of the officer or head |
16 | of the department lawfully having charge of sidewalk repairs, a |
17 | dangerous condition exists that can be repaired by an |
18 | expenditure of not more than fifty dollars, upon failure of the |
19 | owner of the property to make such repair within forty-eight |
20 | hours after the service of notice upon such owner so to do. The |
21 | notice shall be served as provided in this article for |
22 | constructing and maintaining sidewalks and curbs. It shall |
23 | expressly state that emergency repairs are required.] if the |
24 | officer or designated individual representing the department in |
25 | charge of repairs to sidewalks, upon inspection, determines that |
26 | a substantial and immediate danger exists to the public health, |
27 | safety and welfare, in which case the officer or individual |
28 | shall prepare a written report of those conditions which shall |
29 | be conclusive evidence of the existence of the emergency |
30 | justifying the repair. |
|
1 | (a.1) This section is intended to provide an additional |
2 | remedy for cities in connection with emergency repairs [where |
3 | the actual cost of doing the work does not exceed fifty dollars. |
4 | The certificate of the officer or head of the department in |
5 | charge of repairs to sidewalks shall be conclusive evidence of |
6 | the existence of the emergency justifying such repair] of |
7 | sidewalks. |
8 | (b) A copy of the written report shall be served upon the |
9 | abutting property owner, along with a notice to make emergency |
10 | repairs to the sidewalk within forty-eight hours of service of |
11 | the notice and report. The notice and copy of the report shall |
12 | be served as provided in this article for constructing and |
13 | maintaining sidewalks and curbs. It shall expressly state that |
14 | emergency repairs are required. If the owner fails to make the |
15 | emergency repairs within the prescribed time, the city may make |
16 | the emergency repairs to the sidewalk. |
17 | (c) Upon the completion of any emergency repairs, the cost |
18 | thereof shall be a charge against the owner of the abutting |
19 | property, and shall be a lien, until paid, upon the abutting |
20 | property, provided a claim is filed therefor in accordance with |
21 | the law providing for the filing and collection of municipal |
22 | claims. The amount of the claim against the owner of the |
23 | abutting property may also be collected from the owner by an |
24 | action in assumpsit. |
25 | Section 246. Section 3004 of the act is repealed: |
26 | [Section 3004. Cost of Emergency Repairs to be a Lien.--Upon |
27 | the completion of any emergency repairs, the cost thereof shall |
28 | be a charge against the owner of the property, and shall be a |
29 | lien, until paid, upon the abutting property, provided a claim |
30 | is filed therefor in accordance with the law providing for the |
|
1 | filing and collection of municipal claims. Any such charge may |
2 | also be collected from the owner by an action in assumpsit.] |
3 | Section 247. Article XXXI heading of the act is amended to |
4 | read: |
5 | ARTICLE XXXI |
6 | BRIDGES [AND VIADUCTS] |
7 | Section 248. Article XXXI subdivision (a) heading of the act |
8 | is repealed: |
9 | [(a) Construction and Maintenance] |
10 | Section 249. Sections 3101, 3102 and 3103 of the act are |
11 | amended to read: |
12 | Section 3101. Construction and Maintenance of Bridges [and |
13 | Viaducts].--(a) Cities may locate, build and maintain bridges |
14 | [or viaducts, and], wholly or partially within the city limits, |
15 | along with the piers, abutments and approaches [therefor] |
16 | appurtenant to the bridges, to be used as public streets[, over |
17 | rivers, creeks, streams, railroads and private property, or over |
18 | and across any of them, whether the said viaducts or bridges be |
19 | wholly within, or partly without and partly within, the city |
20 | limits]. |
21 | (b) As used in this article, a bridge shall mean a structure |
22 | built to span and provide passage over a valley, road, railroad |
23 | track, private property, river, creek, stream or any other body |
24 | of water or physical obstacle, and shall include viaducts |
25 | constructed from a series of spans or arches. |
26 | Section 3102. Ordinance for Location of Bridges; |
27 | Procedure.--Cities may enact ordinances fixing the location and |
28 | providing for the laying-out and opening of the routes or |
29 | locations for [said] bridges [and viaducts], which shall be |
30 | public streets; and the proceedings for the laying-out and |
|
1 | opening thereof, shall be the same as is provided by this act |
2 | for the laying-out and opening of streets. |
3 | Section 3103. Right to Appropriate Property; Assessment of |
4 | Damages.--In case the city has not agreed with the owner or |
5 | owners for the damages done, or likely to be done, by the |
6 | erection of [said] the bridge [or viaduct], the city may take |
7 | and appropriate the lands and property necessary, over and |
8 | across which to erect [said] the bridge [or viaduct], and the |
9 | measure of damages [and benefits caused by such] for the taking |
10 | and appropriation shall be assessed in the same manner and with |
11 | like proceedings as provided [by this act for property taken, |
12 | injured or destroyed] for property taken, injured or destroyed |
13 | under 26 Pa.C.S. (relating to eminent domain). |
14 | Section 250. Article XXXI subdivision (b) heading of the act |
15 | is repealed: |
16 | [(b) Joint Construction and Maintenance] |
17 | Section 251. Section 3110 of the act is amended to read: |
18 | Section 3110. [Contract] Agreement for Joint Construction |
19 | and Maintenance.--(a) The city may [contract] enter into an |
20 | agreement with any political subdivision or other public agency |
21 | whatsoever or public utility or any other person interested and |
22 | by law authorized thereto, or with any or all of them, for the |
23 | laying out, construction, improvement and maintenance of any |
24 | bridge [or viaduct], or for certain parts thereof, and for the |
25 | payment of any damages caused thereby. |
26 | (b) An agreement as authorized in subsection (a) shall |
27 | provide for the respective duties, obligations and |
28 | responsibilities of the parties thereto, including, but not |
29 | limited to, construction and maintenance of the bridge, or for |
30 | certain parts thereof, and for payments relating thereto and |
|
1 | damages caused thereby. |
2 | (c) After an agreement, as authorized in subsection (a), has |
3 | been entered into, the city in conjunction with the other |
4 | parties thereto, shall have the authority to have prepared plans |
5 | or specifications of the entire work, and thereafter advertise |
6 | for bids, and award the contract to the lowest responsible |
7 | bidder. The city shall be liable to the contractor for only such |
8 | part of the contract price as it has agreed to pay by the |
9 | agreement, as authorized in subsection (a), but it shall, in |
10 | addition, be liable to the contractor for any moneys actually |
11 | paid into the city treasury by the other parties pursuant to the |
12 | terms of the agreement. |
13 | Section 252. Sections 3111, 3112 and 3113 of the act are |
14 | repealed: |
15 | [Section 3111. Stipulations of Joint Contract; |
16 | Maintenance.--The contracts provided for in the preceding |
17 | section may stipulate that the city shall pay a certain part of |
18 | the whole contract price or cost of the work, including damages; |
19 | or may stipulate that the city shall construct, or pay for the |
20 | construction of, a certain part of the work, and may otherwise |
21 | provide for the payment of the damages. When any railroad |
22 | company, street railway, or other persons interested, agrees to |
23 | pay a certain part of the cost of the entire work, it shall pay |
24 | such part into the proper city treasury. Upon said payment, the |
25 | city treasurer shall be liable therefor, and he shall pay the |
26 | same over to the contractor, as may be provided in the contract. |
27 | The said agreements may also provide for the maintenance of the |
28 | said bridges and viaducts after their erection. |
29 | Section 3112. Plans; Bids; Awarding of Contract.--After any |
30 | joint contract has been entered into, the city in conjunction |
|
1 | with the other parties thereto may have prepared plans or |
2 | specifications of the entire work, and thereafter advertise for |
3 | bids, and award the contract to the lowest responsible bidder. |
4 | The city shall be liable to the contractor for only such part of |
5 | the contract price as it has agreed to pay by the joint |
6 | contract, but it shall, in addition, be liable to the contractor |
7 | for any moneys actually paid into the city treasury by the other |
8 | parties to the joint agreement. |
9 | Section 3113. Subsequent Contract With Railroad Which has |
10 | not Contributed toward Cost.--No railroad, which has not |
11 | contributed to the payment of the cost of construction of said |
12 | viaduct or bridge, shall be permitted to run its line or lines |
13 | of tracks under said bridge or viaduct, unless it shall enter |
14 | into a contract with the city to thereafter pay a reasonable |
15 | amount, part or portion toward the keeping-up and maintaining of |
16 | the said structure, which amount shall be at the same rate, on |
17 | the same basis, as is paid by the other railroad companies.] |
18 | Section 253. Section 3114 of the act is reenacted to read: |
19 | Section 3114. Recording of Contract.--Any of the contracts |
20 | hereinabove provided for may be recorded in the office of the |
21 | recorder of deeds in the proper county. Such record shall be |
22 | notice to all persons who might be affected thereby. |
23 | Section 254. Section 3115 of the act is amended to read: |
24 | Section 3115. Power to Construct Boundary Bridges.--Whenever |
25 | a creek, over which a bridge may be necessary, shall be on the |
26 | division line of a city and another municipality [or township], |
27 | the city [shall unite] may enter into an intergovernmental |
28 | agreement pursuant to 53 Pa.C.S. Ch. 23, Subch. A (relating to |
29 | intergovernmental cooperation) with [such] the municipality [or |
30 | township in] for the construction and maintenance of a bridge[,] |
|
1 | and [pay an equal share of the expenses incident thereto] for |
2 | apportionment of the costs. |
3 | Section 255. Article XXXI subdivision (c) heading, section |
4 | 3120, subdivision (d) heading and sections 3130, 3133 and 3134 |
5 | of the act are repealed: |
6 | [(c) Acquisition of Existing Bridges |
7 | Section 3120. Power to Acquire Existing Bridge.--Any city |
8 | which is divided or separated in any of its territorial sections |
9 | or parts by intervening rivers or streams of water may purchase, |
10 | enter upon, take, use, hold and appropriate such bridge or |
11 | bridges, together with the approaches and appurtenances thereto, |
12 | lying within its corporate limits as shall have been erected and |
13 | are now in use over such rivers or streams of water so dividing |
14 | and separating the sections or parts aforesaid. |
15 | (d) Acquisition of Toll-Bridges |
16 | Section 3130. Power to Acquire Toll-Bridges.--Any city may |
17 | purchase, condemn, maintain, and use any public toll-bridge |
18 | crossing any river or stream within the limits of such |
19 | municipality, together with the approaches and appurtenances |
20 | thereto; and may enter into contracts, as hereinafter provided, |
21 | with the county commissioners of the proper county, whereby said |
22 | county shall pay a portion of the cost thereof. |
23 | Section 3133. Contract with County for Purchase.--The city |
24 | may enter into and unite in a contract with the county |
25 | commissioners of the county in which said bridge is located upon |
26 | such terms and conditions as may be agreed upon for the |
27 | purchase, appropriation, or condemnation of said bridge. The |
28 | contract may stipulate that the city and county shall pay a |
29 | certain part or portion of the whole purchase price or damages |
30 | allowed by condemnation proceedings. The amounts to be paid by |
|
1 | the county shall be paid into the city treasury, and, upon said |
2 | payment, the city treasurer shall be liable therefor, and it |
3 | shall be held and applied solely for the said purpose or |
4 | purposes. The said contracts may also provide for and include |
5 | provisions for the maintenance, repair, and rebuilding of the |
6 | said bridge, after its purchase or condemnation by the said |
7 | city. |
8 | Section 3134. To Become a Public Bridge; Rentals for Other |
9 | than Foot and Vehicle Travel.--Whenever any toll-bridge shall be |
10 | so purchased or condemned, the city shall control, maintain, and |
11 | use the said bridge as a public bridge, but may charge tolls or |
12 | rentals for the use thereof, from railway, telephone, and |
13 | telegraph companies, and other persons making a use thereof for |
14 | other than ordinary public foot and vehicle travel. Where |
15 | contracts existed between such companies and persons and the |
16 | owners of the bridge at the time of such purchase or |
17 | condemnation, such contracts shall be preserved for the benefit |
18 | of the city and shall be assigned thereto.] |
19 | Section 256. The act is amended by adding a section to read: |
20 | Section 3135. Acquisition of Existing Bridges.--Any city may |
21 | purchase, condemn, maintain and use any public toll-bridge |
22 | crossing any river or stream within the limits of the |
23 | municipality, together with the approaches and appurtenances |
24 | thereto, and may enter into contracts with the county |
25 | commissioners of the proper county whereby the county shall pay |
26 | a portion of the cost thereof. |
27 | Section 257. Article XXXII heading of the act is amended to |
28 | read: |
29 | ARTICLE XXXII |
30 | SANITARY SEWERS |
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1 | Section 258. Article XXXII subdivision (a) heading of the |
2 | act is repealed: |
3 | [(a) Construction] |
4 | Section 259. Section 3201 of the act, amended August 6, 1963 |
5 | (P.L.525, No.280), is amended to read: |
6 | Section 3201. Construction of Sanitary Sewers; Cost; Eminent |
7 | Domain.--(a) Any city [may] shall have the power to construct |
8 | and reconstruct, or cause to be constructed or reconstructed, in |
9 | its streets, and over and across public and private lands or |
10 | property, sanitary sewers of all kinds, main or local, with |
11 | extensions thereof, and with lateral and branch sewers |
12 | therefrom, including house connections to the curb[, in its |
13 | streets, and over and across public and private lands or |
14 | property, and pay the]. |
15 | (b) The cost and expense [thereof] of construction and |
16 | reconstruction in accordance with subsection (a) may be paid out |
17 | of the general revenues or special funds raised for said |
18 | purpose, or assess the same, in whole or in part, upon property |
19 | benefited, improved or accommodated, as [hereinafter] provided |
20 | for in Article XLV-A. |
21 | [For such purposes, the] (c) The city shall have the right |
22 | of eminent domain to effectuate the purposes of this section. |
23 | The damages for property taken, injured or destroyed shall be |
24 | ascertained and paid as provided in [this act for such |
25 | proceedings] 26 Pa.C.S. (relating to eminent domain). |
26 | Section 260. The act is amended by adding a section to read: |
27 | Section 3201.1. Required Connection; Fees.--In addition to |
28 | paying for the cost and expense of construction or |
29 | reconstruction in accordance with section 3201(b), a city may, |
30 | by ordinance, require connection to a sanitary sewer system |
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1 | provided by the city or a municipal authority serving the city, |
2 | and impose and charge to property owners who desire to or are |
3 | required to connect to the sanitary sewer system a connection |
4 | fee, a customer facilities fee, a tapping fee and other similar |
5 | fees, as enumerated and defined by 53 Pa.C.S. § 5607(d)(24) |
6 | (relating to purposes and powers of municipal authorities) as a |
7 | condition of connection to a city-owned sewer collection, |
8 | treatment or disposal facility. |
9 | Section 261. Section 3202 of the act is repealed: |
10 | [Section 3202. Fee for Tapping Where Sewer is Paid For by |
11 | City.--Where the cost of constructing any sewer is paid for |
12 | wholly or partially from city funds, the city may charge a |
13 | reasonable fee for tapping or connecting with said sewer.] |
14 | Section 262. Section 3203 of the act, amended August 6, 1963 |
15 | (P.L.525, No.280), is repealed: |
16 | [Section 3203. Assessment of Cost of Local Part of Main |
17 | Sewers.--In the case of the construction of main sanitary |
18 | sewers, or of any sanitary sewer which can be used in part for |
19 | main sanitary sewerage purposes, and in part as a local sanitary |
20 | sewer, the city may provide for assessing the property |
21 | benefited, improved or accommodated with the local sanitary |
22 | sewerage part thereof, according to the foot-front, or the |
23 | assessed valuation of the said property for city purposes, or |
24 | according to benefits.] |
25 | Section 263. Section 3204 of the act is repealed: |
26 | [Section 3204. Costs of Main Sewers.--The cost of all main |
27 | sewers, or of any sewers used in part for main sewerage |
28 | purposes, over and above the amount thereof assessed for local |
29 | sewerage, shall be paid for from the city funds.] |
30 | Section 264. Section 3205 of the act, amended August 6, 1963 |
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1 | (P.L.525, No.280), is repealed: |
2 | [Section 3205. Assessment of Cost of Local Sewers.--Council |
3 | may also provide that the cost and expenses of local, lateral, |
4 | branch, including house connections to the curbs, and other |
5 | sanitary sewers may be assessed against the property benefited, |
6 | improved or accommodated according to the foot-front, or |
7 | according to the assessed valuation thereof for city purposes, |
8 | or according to benefits.] |
9 | Section 265. Section 3206 of the act is amended to read: |
10 | Section 3206. Construction of [Sewerage System and] Sanitary |
11 | Sewage Treatment Works; Assessment of Cost.--[Any city may |
12 | construct, or cause to be constructed, a sewerage system of |
13 | sewers in streets, with extensions thereof, and with lateral and |
14 | branch sewers therefrom to and in other streets, and in public |
15 | or private lands, at the same time as part of the same |
16 | improvement and under the same contract, and the cost and |
17 | expense thereof may be assessed as provided in this article.] |
18 | (a) Any city may construct or cause to be constructed sanitary |
19 | sewage treatment works, and the same may likewise be a part of |
20 | the same improvement and under the same contract as sanitary |
21 | sewers. |
22 | (b) Sewage treatment works may be erected within or without |
23 | the limits of the city. The city shall have authority to |
24 | acquire, by eminent domain or otherwise, property within or, |
25 | subject to the limitations in 26 Pa.C.S. § 206 (relating to |
26 | extraterritorial takings), without the limits of the city deemed |
27 | necessary for such treatment works and the sewers leading |
28 | thereto. |
29 | Section 266. Sections 3207 and 3208 of the act, amended |
30 | August 6, 1963 (P.L.525, No.280), are repealed: |
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1 | [Section 3207. Reductions in Assessments for Corner or |
2 | Irregular Shaped Lots.--Where council determines to construct |
3 | local, lateral, and other sanitary sewers, and to assess the |
4 | cost and expenses thereof according to the foot-front rule, they |
5 | shall provide for a reduction of an equitable part from the |
6 | frontage of the longest side of all corner lots, and at other |
7 | places, where, from the peculiar or pointed shape of the lots, |
8 | an assessment for the full frontage would be inequitable. If the |
9 | owner of the property benefited, improved or accommodated by the |
10 | sanitary sewers is not satisfied with the allowance or |
11 | reduction, or refuses to accept the same, he shall have the |
12 | right to appeal to the court of common pleas; and the |
13 | proceedings shall be as provided in this act for the assessment |
14 | of damages and benefits by viewers or by such other lawful |
15 | procedure as the court may determine. |
16 | Section 3208. Assessment of Cost by Viewers Appointed by |
17 | Council.--Where the council determines to construct main, local, |
18 | lateral, or branch sanitary sewers, and to assess the cost and |
19 | expense thereof according to benefits, in addition to the |
20 | remedies which now or may hereafter exist for the assessment of |
21 | the said cost and expense by viewers appointed by court, council |
22 | may appoint three disinterested freeholders as viewers, who, or |
23 | a majority of whom, shall assess the costs and expenses of said |
24 | sanitary sewers upon the lands benefited, improved or |
25 | accommodated thereby in proportion, as nearly as may be, to the |
26 | benefits which may result to each lot or parcel of land. Said |
27 | viewers, or a majority thereof, shall report their assessment to |
28 | the council, in the manner hereinafter set forth, and council |
29 | shall act thereon as hereinafter provided.] |
30 | Section 267. Sections 3209, 3210, 3211 and 3212 of the act |
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1 | are repealed: |
2 | [Section 3209. Report of Council's Viewers; Notice; |
3 | Objections; Hearing.--Said viewers, or a majority of them, shall |
4 | make report in writing, specifying the amount assessed by them |
5 | upon each lot or parcel of land for main or local sewerage |
6 | separately, and file the same with the city clerk within such |
7 | time as the council shall direct. After the report is filed, |
8 | council shall cause not less than ten days' public notice to be |
9 | given, by publication once in two newspapers of the city, as |
10 | required by section one hundred and nine of this act, of the |
11 | object of such assessments, and that the same will come for |
12 | confirmation at a time to be specified in said notice. |
13 | Objections to the assessment shall be in writing and be filed |
14 | with the city clerk, and may be heard before the city council at |
15 | the time specified in the notice. Council may, after hearing |
16 | objections, modify, set aside, or confirm said assessments. If |
17 | council sets aside the first or any other assessment, they may |
18 | appoint other viewers, of the same qualifications as |
19 | hereinbefore provided, and cause new assessments to be made, and |
20 | the proceedings shall be the same as provided for the first |
21 | assessment. |
22 | Section 3210. Certification of Assessments for Collection; |
23 | Liens.--After making assessments for sewers, council may direct |
24 | that they be certified to the city treasurer, or to such party |
25 | as said assessments may be assigned to for collection. If such |
26 | assessments are not paid within such time as council may by |
27 | ordinance prescribe, it shall be lawful to file liens therefor |
28 | in the prothonotary's office of the proper county, as provided |
29 | by law. Said liens shall bear interest from the time the |
30 | assessments were payable, at the rate of six per centum, per |
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1 | annum, until paid. |
2 | Section 3211. Rental Charge for Use of Sewers.--Cities may |
3 | provide by ordinance for the imposition and the collection of an |
4 | annual rental, rate or charge for the use of sewers, sewer |
5 | systems, or sewage treatment works as authorized by law. |
6 | Section 3212. Limitation of Amount of Sewer Rental Charge.-- |
7 | Such annual rental, rate or charge shall not exceed the amount |
8 | authorized by law.] |
9 | Section 268. Section 3213 of the act, amended December 18, |
10 | 1992 (P.L.1424, No.175), is repealed: |
11 | [Section 3213. Collection of Sewer Rentals.--(a) Council |
12 | shall provide for the collection of such annual rentals, rates |
13 | or charges. |
14 | (b) In the case of a city which has agreed to provide sewer |
15 | service to a residential dwelling unit in which the owner does |
16 | not reside, the city shall notify the owner and the tenant |
17 | within thirty days after the tenant's bill for that service |
18 | first becomes overdue. Such notification shall be provided by |
19 | first class mail to the address of the owner provided to the |
20 | city by the owner and to the billing address of the tenant, |
21 | respectively. Nothing herein shall be construed to relieve the |
22 | owner of liability for such service unless the city fails to |
23 | provide the notice required herein.] |
24 | Section 269. The act is amended by adding a section to read: |
25 | Section 3213.1. Rental Fees or Charges.--(a) All persons |
26 | whose property is connected to a sanitary sewer system shall pay |
27 | to the city, in addition to the cost of making the connection, a |
28 | monthly, quarterly, semiannual or annual charge. The charges |
29 | shall be imposed by the city in accordance with procedures |
30 | approved by council. Until paid, a charge shall constitute a |
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1 | lien against the property connected to the sanitary sewer system |
2 | and the amount thereof may be recovered by due process of law |
3 | through an action in assumpsit in the name of the city against |
4 | the owner of the property charged or by a lien filed in the |
5 | nature of a municipal lien. All water utilities supplying water |
6 | to users within the boundaries of any city shall at the request |
7 | of the council furnish to the city, at reasonable times agreed |
8 | to by the city and water utilities, a list of all water meter |
9 | readings and flat-rate water bills, and the basis for each flat- |
10 | rate water charge, so that the data may be used in calculating |
11 | sewer rental fees. The city may pay to the utilities clerical |
12 | and other expenses incurred in the preparation of the lists. |
13 | (b) Nothing in this section shall be construed to repeal or |
14 | modify any of the provisions of 66 Pa.C.S. (relating to public |
15 | utilities). |
16 | (c) All sanitary sewer rentals received shall be deposited |
17 | in a special fund to be used only for the payment of the cost of |
18 | administration, construction, reconstruction, repair, operation |
19 | and maintenance of the sanitary sewer system. |
20 | (d) In the case of a city which has agreed to provide |
21 | sanitary sewer service to a residential dwelling unit in which |
22 | the owner does not reside, the city shall notify the owner and |
23 | the tenant within thirty days after the tenant's bill for that |
24 | service first becomes overdue. Such notification shall be |
25 | provided by first class mail to the address of the owner |
26 | provided to the city by the owner and to the billing address of |
27 | the tenant, respectively. Nothing herein shall be construed to |
28 | relieve the owner of liability for such service unless the city |
29 | fails to provide the notice required herein. |
30 | Section 270. Section 3214 of the act is repealed: |
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1 | [Section 3214. Collection of Sewer Rentals.--Such annual |
2 | sewer rentals or charges shall be a lien on the properties |
3 | charged with the payment thereof from the date set in the |
4 | ordinance, and, if not paid after thirty days' notice, may be |
5 | collected by an action in assumpsit in the name of the city |
6 | against the owner of the property charged or by distress of |
7 | personal property on the premises or by a lien filed in the |
8 | nature of a municipal lien.] |
9 | Section 271. Section 3215 of the act, added August 6, 1963 |
10 | (P.L.525, No.280), is repealed: |
11 | [Section 3215. Tapping Fees.--Each city may provide by |
12 | ordinance for charging a tapping fee whenever the owner of any |
13 | property connects such property with a sewer system constructed |
14 | or acquired by the city, which fee shall be in addition to any |
15 | charges assessed and collected against such property in the |
16 | construction or acquisition of such sanitary sewer by the city, |
17 | or any rental charges assessed by the city. In any case where |
18 | the property connected or to be connected with the sanitary |
19 | sewer system of the city is not equipped with a water meter, the |
20 | city may install such a meter at its own cost and expense. If |
21 | the property is supplied with water from the facilities of a |
22 | public water supply agency, the city shall not install such |
23 | meter without the consent and approval of the public water |
24 | supply agency.] |
25 | Section 272. Article XXXII subdivision (b) heading and |
26 | sections 3220, 3221 and 3222 of the act are repealed: |
27 | [(b) Acquisition of Existing Sewers |
28 | Section 3220. Purchase of Existing Sewers.--Any city, in |
29 | which any corporation created and existing under and by virtue |
30 | of the laws of this Commonwealth, or any person or persons or |
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1 | unincorporated associations, have constructed and are |
2 | maintaining or may hereafter construct and maintain sewers, |
3 | culverts, conduits, and pipes, with the necessary inlets and |
4 | appliances, for surface, under-surface and sewage drainage, may |
5 | become the owner of such sewers, culverts, conduits, and pipes, |
6 | with the necessary inlets and appliances, for surface, under- |
7 | surface, and sewage drainage, and the property of such company, |
8 | person or persons, or unincorporated associations, by paying |
9 | therefor the actual value of the same at the time of taking by |
10 | the city. |
11 | Section 3221. Ascertainment of Price in Case of |
12 | Disagreement.--In case of disagreement as to the amount to be |
13 | paid, the same shall be ascertained in the manner provided by |
14 | this act in case of property taken, injured or destroyed. |
15 | Section 3222. Appointment of Viewers.--Whenever the amount |
16 | to be paid by any city to any corporation, person or persons, or |
17 | unincorporated association, for the acquisition of such sewers, |
18 | culverts, conduits, and pipes, with the necessary inlets and |
19 | appliances, shall have been ascertained in the manner provided |
20 | in the preceding section, the court of common pleas of the |
21 | proper county, or any law judge thereof in vacation, on |
22 | application thereto by petition by said city or any person |
23 | interested, shall appoint viewers who shall assess the costs and |
24 | expenses of the sewers, culverts, conduits, and pipes, with the |
25 | necessary inlets and appliances, acquired by said city, upon the |
26 | property benefited according to benefits, if sufficient can be |
27 | found, but if not, then the deficiency, when finally |
28 | ascertained, shall be paid by the city; and the proceedings of |
29 | said viewers, and the proceedings on their report, shall be as |
30 | provided in this act for the assessment of damages and |
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1 | benefits.] |
2 | Section 273. The act is amended by adding a section to read: |
3 | Section 3222.1. Acquisition of Existing Sanitary Sewer |
4 | Systems.--(a) A city may, by ordinance, acquire all or part of |
5 | an existing sanitary sewer system or community subsurface |
6 | sanitary sewage collection and treatment system. |
7 | (b) Acquisition may be by any of the following means: |
8 | (1) By purchase, when the city and the owner can agree on a |
9 | price not exceeding the actual value of the sanitary sewer |
10 | system or part thereof to be transferred. |
11 | (2) By deed of dedication to the city by the owner of the |
12 | sanitary sewer system or part thereof. |
13 | (3) If the facilities are within the city, by the exercise |
14 | of eminent domain. |
15 | (c) If any sanitary sewer system or community subsurface |
16 | sanitary disposal collection and treatment system is acquired by |
17 | purchase or eminent domain under this section, the cost of |
18 | acquisition may be distributed or assessed under this act as |
19 | when a sanitary sewer system is constructed by the city. |
20 | (d) The rights, powers and duties of the city with respect |
21 | to acquired sanitary sewer systems are the same as exist with |
22 | respect to sanitary sewer systems constructed by the city. |
23 | Section 274. Article XXXII subdivision (c) heading of the |
24 | act is repealed: |
25 | [(c) Construction of Sewers Outside Cartway and Curb Lines] |
26 | Section 275. Section 3230 of the act, amended August 6, 1963 |
27 | (P.L.525, No.280), is amended to read: |
28 | Section 3230. [Power to Construct] Sewers Outside Cartway |
29 | and Curb Lines.--(a) Cities may require and permit sanitary |
30 | sewers and sewer pipes to be laid and constructed outside the |
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1 | cartway and the curb lines thereof in any street or highway. |
2 | The [said] sanitary sewers shall be for the service and use |
3 | of the property on the side of the street or highway in which |
4 | they are laid. |
5 | (b) The costs and expenses of any sanitary sewer laid and |
6 | constructed in accordance with subsection (a) may be assessed |
7 | against the property benefited, improved and accommodated by the |
8 | sanitary sewer. |
9 | Section 276. Section 3231 of the act, amended August 6, 1963 |
10 | (P.L.525, No.280), is repealed: |
11 | [Section 3231. Collection of Costs and Expenses.--The costs |
12 | and expenses of any sanitary sewer laid and constructed as |
13 | aforesaid may be assessed against the property benefited, |
14 | improved and accommodated by the sanitary sewer and such costs |
15 | and expenses, when so assessed, shall be assessed and collected |
16 | in the same way and manner as the cost and expenses of other |
17 | sanitary sewers are assessed and collected in the respective |
18 | city in which the same are laid.] |
19 | Section 277. Article XXXII subdivision (d) heading of the |
20 | act is repealed: |
21 | [(d) Joint Sewers] |
22 | Section 278. Section 3240 of the act, amended August 6, 1963 |
23 | (P.L.525, No.280), is amended to read: |
24 | Section 3240. Building Joint Sewers.--(a) Cities may |
25 | jointly with other municipalities or [townships or both] |
26 | municipal authorities build and construct sanitary sewers, |
27 | including trunk-line sewers or drains and sewage treatment |
28 | works, and may connect into such system existing sanitary |
29 | sewers, and may assess their respective portions of the cost |
30 | thereof, or so much thereof as may be legally assessable, upon |
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1 | property benefited, improved and accommodated by the improvement |
2 | [either by viewers as is provided in the case of cities by |
3 | sections three thousand two hundred and eight, three thousand |
4 | two hundred and nine, and three thousand two hundred and ten of |
5 | this act or by the foot-front rule or assessed valuation, as |
6 | provided in section three thousand two hundred and three of this |
7 | act] pursuant to Article XLV-A. Any portion of the cost of |
8 | [such] an improvement not assessed or not assessable shall be |
9 | paid [by the respective cities, boroughs, and townships joining |
10 | as may be agreed upon] as agreed upon by the respective cities |
11 | and other municipalities or municipal authorities. |
12 | (b) The cities[, boroughs, and townships] and other |
13 | municipalities or municipal authorities joining or contemplating |
14 | joining in any such improvement, in order to facilitate the |
15 | securing of preliminary surveys and estimates and the building |
16 | of [such] the improvement, may by ordinance or resolution |
17 | provide for the appointment of a joint sewer board composed of |
18 | one representative from each of the cities[, boroughs, and |
19 | townships] and other municipalities or municipal authorities |
20 | joining which shall act generally as the advisory and |
21 | administrative agency in securing [such] surveys and estimates |
22 | and in the construction of [such] the improvement, and its |
23 | subsequent operation and maintenance. The members of [such] the |
24 | board shall serve for terms of six years each from the dates of |
25 | their respective appointments, and until their successors are |
26 | appointed. The joint sewer board shall organize by the election |
27 | of [chairman, vice-chairman] a chair, vice-chair, secretary, and |
28 | treasurer. The several cities[, boroughs, and townships] and |
29 | other municipalities or municipal authorities may, in the |
30 | ordinances and resolutions creating the joint sewer board, |
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1 | authorize the board to appoint an engineer, a solicitor, and |
2 | [such] other assistants as are deemed necessary; and agree to |
3 | the share of the compensation of [such] the persons each city[, |
4 | borough, and township] and other municipalities or municipal |
5 | authorities is to pay. The members of the joint sewer board |
6 | shall receive [such] compensation for attending meetings of the |
7 | board, as shall be fixed in the budget prepared by the board for |
8 | submission to and adoption by the several cities[, boroughs, and |
9 | townships] and other municipalities or municipal authorities as |
10 | hereinafter provided[, and the]. The budget item providing for |
11 | the compensation to members for attending meetings shall not |
12 | exceed a total of two hundred and fifty dollars per year, and no |
13 | member shall be paid unless [he] the member actually attends, |
14 | and the fee for each [such] attendance shall be stipulated, and |
15 | the members, in addition thereto, shall be entitled to actual |
16 | expenses to be paid by the respective cities[, boroughs, and |
17 | townships] and other municipalities or municipal authorities |
18 | which [such] the members represent. |
19 | (c) The joint sewer board shall have power to adopt rules |
20 | and regulations to govern its proceedings, and shall prepare and |
21 | suggest any practical measures and plans by means of which the |
22 | joint improvement may be carried to successful completion; and |
23 | the future development of the system, so as to conform to a |
24 | general plan, assured and safeguarded. [It] The joint sewer |
25 | board shall have power to prepare a joint agreement or |
26 | agreements for submission to and adoption by the several |
27 | cities[, boroughs, and townships] and other municipalities or |
28 | municipal authorities defining the advisory and administrative |
29 | powers of the board; setting forth the consents of the several |
30 | cities[, boroughs, and townships] and other municipalities or |
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1 | municipal authorities to the proposed improvement; the manner in |
2 | which preliminary and final plans, specifications, and estimates |
3 | for the proposed improvement shall be prepared and adopted; how |
4 | proposals for bids shall be advertised, and contracts let; the |
5 | manner in which the costs of the improvement and other |
6 | incidental and preliminary expenses in connection therewith, and |
7 | the future cost of operation and maintenance shall be equitably |
8 | shared, apportioned, and paid; and all such other matters |
9 | including the preparation and submission of annual and other |
10 | budgets as may be deemed necessary or required by law to carry |
11 | the proposed improvement to completion and to assure future |
12 | maintenance and operation thereof. [But nothing herein] Nothing |
13 | contained herein shall authorize the board to make any |
14 | improvement or expend any public moneys which has not first been |
15 | authorized by all of the cities[, boroughs, and townships] and |
16 | other municipalities or municipal authorities proceeding with |
17 | the improvement. |
18 | (d) In any case where it shall be necessary to acquire, |
19 | appropriate, injure, or destroy private property of any kind to |
20 | build any [such] joint sewer improvement, and the same cannot be |
21 | acquired by purchase or gift, the right of eminent domain shall |
22 | vest in the city[, borough, or township] or other municipalities |
23 | or municipal authorities where [such] the property is located. |
24 | In any case where it shall be necessary to acquire, injure, or |
25 | destroy property of any kind in any territory not within the |
26 | limits of any of the cities[, boroughs, or townships] and other |
27 | municipalities or municipal authorities joining in the |
28 | improvement[;] then, subject to the limitations in 26 Pa.C.S. § |
29 | 206 (relating to extraterritorial takings), the right of eminent |
30 | domain shall be vested in any city[, borough, or township |
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1 | adjacent to such territory where such property is located] and |
2 | other municipalities or municipal authorities joining in the |
3 | sewer improvement. Damages for any property taken, injured, or |
4 | destroyed shall be assessed as provided by the general laws |
5 | relating to the cities[, boroughs, and townships] and other |
6 | municipalities or municipal authorities exercising the right of |
7 | eminent domain[;] and pursuant to the procedures of 26 Pa.C.S. |
8 | (relating to eminent domain) if applicable, and shall be paid by |
9 | the several cities[, boroughs, and townships] and other |
10 | municipalities or municipal authorities joining in the same |
11 | proportion as other costs of the improvement. |
12 | (e) Each of the cities joining in [any such improvement] an |
13 | improvement authorized by this section shall have power to incur |
14 | or increase its indebtedness[, not exceeding the constitutional |
15 | limits, for the purpose of paying its share or portion of the |
16 | costs of such improvement in the manner provided by law for the |
17 | incurring of indebtedness] in accordance with 53 Pa.C.S. Pt. |
18 | VII, Subpt. B (relating to indebtedness and borrowing), for the |
19 | purpose of paying its share or portion of the costs of the |
20 | improvement. |
21 | Section 279. Section 3241 of the act is amended to read: |
22 | Section 3241. Approval of [Sanitary Water Board] Department |
23 | of Environmental Protection.--No [such] sewer or plant shall be |
24 | constructed until plans and specifications have been submitted |
25 | to the [Sanitary Water Board] Department of Environmental |
26 | Protection, and approved in accordance with provisions [of the |
27 | act of assembly providing for such approval] applicable law. |
28 | Section 280. Sections 3242, 3243 and 3244 of the act are |
29 | repealed: |
30 | [Section 3242. Connections with Sewers of Adjacent |
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1 | Municipalities.--Any city may connect with an existing sewer, |
2 | owned by any adjacent municipality, for sewage purposes, in the |
3 | manner prescribed in the following sections of this subdivision |
4 | of this article. |
5 | Section 3243. Applications to Court.--Whenever any city |
6 | desires to connect with the existing sewer of any adjacent |
7 | municipality, and no agreement has been reached between such |
8 | city and the adjacent municipality, an application shall be made |
9 | by council to the court of quarter sessions of the county, |
10 | setting forth that fact. |
11 | Section 3244. Appointment of Viewers.--If the court shall be |
12 | of the opinion that such connection can be made without |
13 | impairing the usefulness of the existing sewer, it shall appoint |
14 | three viewers, who shall view the premises and investigate the |
15 | facts of the case, and shall assess the proportionate part of |
16 | the expense of building the original sewer upon such city, and |
17 | shall fix the proportion of the expense for repairs which each |
18 | municipality shall thereafter bear, and determine all other |
19 | questions liable to arise in connection therewith.] |
20 | Section 281. Section 3245 of the act, repealed in part June |
21 | 3, 1971 (P.L.118, No.6), is repealed: |
22 | [Section 3245. Report of Viewers; Appeals to Court.--The |
23 | viewers shall report to the court the result of their |
24 | investigation, which report shall be confirmed within thirty |
25 | days, unless exceptions thereto be filed. After confirmation of |
26 | such report, or the disposal of any exceptions, any party |
27 | interested may appeal from the decision of the court of quarter |
28 | sessions.] |
29 | Section 282. The act is amended by adding a section to read: |
30 | Section 3245.1. Municipal Corporation; Municipal Authority; |
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1 | Agreements for Connections; Appointment of Viewers.--(a) Any |
2 | city may by agreement connect with an existing sanitary sewer |
3 | owned by any municipal corporation or municipal authority for |
4 | either sanitary sewage collection or treatment purposes. |
5 | (b) When any city desires to connect with the existing sewer |
6 | of any municipal corporation or municipal authority and no |
7 | agreement has been reached between the city and the municipal |
8 | corporation or municipal authority, city council shall present a |
9 | petition to the court of common pleas setting forth those facts. |
10 | The court shall fix a day for a hearing and notify all |
11 | interested parties thereof. If, after the hearing, the court |
12 | determines that the connection can be made without impairing the |
13 | usefulness of the existing sanitary sewer system, the court |
14 | shall appoint three viewers to view the premises, investigate |
15 | the facts of the case, assess the necessary costs and expenses |
16 | of making the connection and assess the proportionate part of |
17 | the expense of building the original sanitary sewer system upon |
18 | the city. The court shall determine the proportion of the |
19 | expense for repairs which each municipal corporation, municipal |
20 | authority and the city shall bear and shall determine all other |
21 | questions liable to arise in connection therewith. |
22 | (c) The viewers shall report to the court the result of |
23 | their investigation, which report shall be confirmed within |
24 | thirty days, unless exceptions thereto are filed. After |
25 | confirmation of the report, or the disposal of any exceptions, |
26 | any party interested may appeal from the decision of the court |
27 | of common pleas. |
28 | Section 283. Article XXXII subdivision (e) heading of the |
29 | act is repealed: |
30 | [(e) Power to Furnish Sewerage Facilities Outside of City] |
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1 | Section 284. Section 3250 of the act is amended to read: |
2 | Section 3250. Sewers Extended Outside of City.--[All cities, |
3 | wherein the title to the sewerage system therein located, is, or |
4 | shall hereafter be in the name of the city,] A city with a |
5 | sanitary sewer system may extend [such] the system and construct |
6 | sewers beyond the [bounds of the cities wherein they are located |
7 | into the county and municipalities of the county in the vicinity |
8 | of such cities,] city's boundaries into adjoining municipalities |
9 | in the county where the city is located and furnish sewer |
10 | facilities to, and permit the tapping and the connection |
11 | therewith by any and all corporations, institutions, persons and |
12 | municipalities in the [counties in which said cities are] county |
13 | where the city is located in accordance with law and the rules |
14 | and regulations of the Public Utility Commission. This section |
15 | does not authorize a city to extend a sewerage system or |
16 | construct sewers in territory outside the boundaries of such |
17 | cities in which sewerage facilities are furnished by a private |
18 | company or by a municipality authority. |
19 | Section 285. Article XXXIII and subdivision (a) headings, |
20 | sections 3301 and 3302, subdivision (b) heading and sections |
21 | 3310, 3311, 3312, 3313, 3314 and 3315 of the act are repealed: |
22 | [ARTICLE XXXIII |
23 | COLLECTION BY INSTALMENT OF THE COST OF STREET |
24 | AND SEWER IMPROVEMENTS |
25 | (a) Street and Sewer Improvements |
26 | Section 3301. Payment of Assessments in Instalments.-- |
27 | Whenever any ordinance is passed providing for the grading, |
28 | paving or other improvement of any street, or part thereof, or |
29 | for the construction of any sewer, the expense whereof is to be |
30 | defrayed by local assessments, it may be prescribed in such |
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1 | ordinance that the assessments may be paid in not more than ten |
2 | equal instalments, payable at such times as may be fixed by |
3 | ordinance, the last thereof not to be more than ten years after |
4 | the completion of the work on the improvement for which it is |
5 | assessed. The instalments shall bear interest at the rate of not |
6 | more than six per centum per annum, commencing at such time as |
7 | may be fixed by ordinance. If any of said instalments shall |
8 | remain unpaid for two months after the same shall become due and |
9 | payable, the whole of the assessment remaining unpaid shall be |
10 | due and payable. Any person upon whom such assessment has been |
11 | made may pay all or as many as he chooses of such instalments |
12 | before the same are due. |
13 | Section 3302. Collection of Assessments.--All assessments |
14 | made in pursuance hereof shall be collected in the same manner |
15 | and with the same penalties as provided by law for the |
16 | collection of municipal claims. |
17 | (b) Street Improvements |
18 | Section 3310. Issue of Bonds for Payment of Cost of |
19 | Improvement.--In order to provide for the payment of the cost |
20 | and expense of the permanent paving and improvement of any |
21 | street, or part thereof, cities may in addition to other methods |
22 | provided, from time to time, issue their bonds in such sums as |
23 | may be required, in all to an amount not exceeding the cost and |
24 | expense of such improvement and interest thereon. |
25 | Said bonds shall bear the name of the street to be improved. |
26 | They shall bear interest at a rate not exceeding six per centum |
27 | per annum, payable semi-annually, on the first day of July and |
28 | January, and their maturity shall be fixed in accordance with |
29 | the Municipal Borrowing Law. |
30 | Section 3311. Disposition of Proceeds of Sale of Bonds; |
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1 | Assessment on Properties.--Said bonds shall be negotiated at not |
2 | less than par as other bonds of said cities are negotiated, and |
3 | the proceeds thereof applied solely to the payment of the cost |
4 | of said improvement. The contract price of the same, and |
5 | interest thereon to the first day, when interest thereon is |
6 | payable, shall be taken as the cost of said improvement, to be |
7 | assessed on the property benefited, according to the provisions |
8 | of this act. |
9 | Section 3312. Entering of Assessments as Liens.--Such |
10 | assessments shall be entered in the proper municipal lien and |
11 | judgment docket in the prothonotary's office, and shall, if |
12 | filed within six months from the completion of the improvements, |
13 | without the issuing of a scire facias to revive, remain a first |
14 | lien upon the property assessed until fully paid, having |
15 | precedence of all other liens, except taxes, and shall not be |
16 | diverted by any judicial sale, unless the payment of the same is |
17 | provided for from the proceeds of such sale. |
18 | The assessment shall state the name of the city claimant, the |
19 | name of the owner or reputed owner, a reasonable description of |
20 | the property, the amount claimed to be due, for what improvement |
21 | the claim is made, and the time when the assessment was finally |
22 | confirmed or made. |
23 | Section 3313. Instalment Payment of Assessments.--Such |
24 | assessment shall be payable at the city treasurer's office in |
25 | equal semi-annual instalments, with interest, at the rate |
26 | provided in said bonds, from the date to which interest was |
27 | computed on the amount of the assessments, or so much as remains |
28 | unpaid from time to time, until all said assessments and |
29 | interest are fully paid. The money so received by the city |
30 | treasurer shall be applied to the sinking fund. |
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1 | Section 3314. Collection of Unpaid Instalments.--In case of |
2 | default in the payment of any semi-annual instalment of said |
3 | assessment and interest for a period of sixty days after the |
4 | same shall become due and payable, the entire assessment and |
5 | accrued interest shall become due and payable, and the city |
6 | solicitor shall proceed to collect the same under the provisions |
7 | of laws creating and regulating municipal liens and proceedings |
8 | thereon. |
9 | Section 3315. Payment in Advance; Discharge of Lien as Part |
10 | of Property.--Any owner of property against whom an assessment |
11 | shall have been made for such improvement shall have the right |
12 | to pay the same, or any part remaining unpaid, in full with |
13 | interest thereon to the next semiannual payment due on said |
14 | assessment, and such payment shall discharge the lien. If any |
15 | owner shall subdivide any property after such lien attaches, he, |
16 | in like manner, may discharge the same upon any subdivided |
17 | portion thereof by paying the amount for which said part would |
18 | be liable.] |
19 | Section 286. Article XXXIV heading of the act is amended to |
20 | read: |
21 | ARTICLE XXXIV |
22 | [WATER-COURSES] |
23 | WATERCOURSES, FLOOD PROTECTION PROJECTS |
24 | AND STORM WATER SYSTEMS |
25 | Section 287. Section 3401 of the act is amended to read: |
26 | Section 3401. [Changing of Water-Courses] Establishing and |
27 | Changing Watercourses, Flood Protection Projects and Storm Water |
28 | Systems; Removing Obstructions [Therefrom.--Cities].--(a) |
29 | Subject to obtaining, if required, the authorization of the |
30 | Department of Environmental Protection and of the Federal |
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1 | Government, a city may, by ordinance, [after the consent of the |
2 | Water and Power Resources Board and of the Federal government, |
3 | where required, has first been obtained, establish the lines, |
4 | change and] do any of the following: |
5 | (1) Realign, change or vacate the channels, beds, and mouths |
6 | of [water-courses] watercourses through lands, marshes or waters |
7 | in or adjacent to the city[; crib, wall, confine], subject to |
8 | the limitations in the act of August 7, 1936 (1st Sp.Sess., |
9 | P.L.106, No.46), referred to as the Flood Control Law, the act |
10 | of June 22, 1937 (P.L.1987, No.394), known as "The Clean Streams |
11 | Law," the act of November 26, 1978 (P.L.1375, No.325), known as |
12 | the "Dam Safety and Encroachments Act," and 26 Pa.C.S. § 206 |
13 | (relating to extraterritorial takings). |
14 | (2) Confine, pave or completely [inclose, and prevent] |
15 | enclose watercourses within the city. |
16 | (3) Prevent and remove obstructions [therefrom at the |
17 | expense of those causing the same; and, for such purposes, may |
18 | enter upon and condemn such property and materials as may be |
19 | necessary. Cities may construct] and encroachments from |
20 | watercourses and the banks of streams that threaten or do injure |
21 | the city or property therein, at the expense of those that |
22 | caused the obstruction or encroachment through proceedings at |
23 | law or equity. |
24 | (4) Construct and maintain dams [as hereinafter provided. |
25 | Cities may also, by ordinance, establish the lines of banks of |
26 | streams of water which pass through or along the boundary of |
27 | such cities, and by proceedings at law or equity prevent and |
28 | remove all such encroachments on the banks of streams and water- |
29 | courses as threaten to or do injure the city or the property |
30 | therein.] in a watercourse flowing through the city, or partly |
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1 | within and partly outside its corporate limits, for the purpose |
2 | of improving the public health, safety and welfare in the city. |
3 | (5) Plan and provide for projects, infrastructure and |
4 | improvements as a means of managing and controlling storm water, |
5 | which may include, but need not be limited to, the transport, |
6 | storage and the infiltration of storm water and other innovative |
7 | techniques identified in the county-prepared watershed plans |
8 | pursuant to the act of October 4, 1978 (P.L.864, No.167), known |
9 | as the "Storm Water Management Act." |
10 | (6) Plan and provide for projects, infrastructure, and |
11 | improvements as a means of providing flood protection pursuant |
12 | to the Flood Control Law. |
13 | (b) A city may, for any of the purposes in this section, |
14 | purchase, acquire, enter upon, take, use and appropriate private |
15 | property and materials as necessary. Condemnation proceedings |
16 | shall be pursuant to the procedures in 26 Pa.C.S. (relating to |
17 | eminent domain), and any takings of property outside the limits |
18 | of the city shall be subject to the limitations in 26 Pa.C.S. § |
19 | 206 (relating to extraterritorial takings). |
20 | Section 288. Sections 3402, 3403, 3404, 3405 and 3406 of the |
21 | act are repealed: |
22 | [Section 3402. Notice.--No ordinance for the establishment |
23 | of lines or the vacation or alteration of the course or channel |
24 | of any water-course shall be passed, until notice thereof has |
25 | been given, by publication of the proposed ordinance, at least |
26 | once a week for three consecutive weeks, in one newspaper in |
27 | accordance with the provisions of section one hundred nine of |
28 | this act. |
29 | Section 3403. Viewers to Assess Damages.--The city may, at |
30 | any time after the passage of the ordinance, present a petition |
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1 | to the court of common pleas, setting forth the lines |
2 | established and the nature of the vacation or alteration |
3 | proposed in the course or channel of such water-course, together |
4 | with a description of the proposed improvements, and praying the |
5 | court to appoint three viewers to ascertain the damages, costs, |
6 | and expenses resulting therefrom, and to assess the damages, |
7 | costs, and expenses, for so much thereof as the viewers may deem |
8 | reasonable, upon the property benefited. |
9 | Section 3404. Appointment of Viewers.--The court, or any law |
10 | judge thereof in vacation, shall appoint three viewers from the |
11 | county board of viewers, and appoint a time, not less than |
12 | twenty nor more than thirty days thereafter, when the viewers |
13 | shall meet upon the line of the improvement and view the same |
14 | and the premises affected. |
15 | Section 3405. Proceedings to Assess Damages.--The |
16 | proceedings before such viewers for the allowances of damages |
17 | for property taken, injured or destroyed, and for the assessment |
18 | of benefits upon property benefited, shall be as provided in |
19 | this act for the assessment of damages and benefits in eminent |
20 | domain proceedings. |
21 | Section 3406. Discontinuance of Proceedings.--If any city |
22 | shall repeal any ordinance passed, or discontinue any proceeding |
23 | taken, providing for any such improvements, prior to the entry |
24 | upon, appropriation, or injury to any property or materials, the |
25 | city shall not be liable to pay any damages, but all costs upon |
26 | any such proceeding, together with any actual damage or injury |
27 | sustained by reason of such proceeding, shall be paid by the |
28 | city.] |
29 | Section 289. Sections 3407 and 3408 of the act are amended |
30 | to read: |
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1 | Section 3407. [Liens.--When the court has entered its final |
2 | decree confirming the report or fixing the assessments, the] |
3 | Assessment of Benefits; Liens.--With regard to improvements made |
4 | pursuant to section 3401(a), a city may, if feasible, assess the |
5 | benefits upon property benefited by the improvements pursuant to |
6 | Article XLV-A. The assessments of benefits shall become liens |
7 | upon the property assessed. Claims therefor may be collected in |
8 | the same manner as municipal claims are collected, or they may |
9 | be collected by action of assumpsit, the lien of the judgment, |
10 | however, to be limited to the property assessed. |
11 | Section 3408. Waters Excepted.--Nothing contained in the |
12 | preceding sections of this article shall apply to any [water- |
13 | course] watercourse used by any municipality or water company as |
14 | a source of supply, unless [such] the municipality or water |
15 | company shall consent to [such] the vacation or alteration. |
16 | Section 290. Section 3409 of the act is repealed: |
17 | [Section 3409. Construction of Dams.--Whenever the consent |
18 | of the Water and Power Resources Board and of the Federal |
19 | government, whenever necessary, has been granted to any city to |
20 | construct and maintain a dam, in a public navigable river or |
21 | stream flowing through, or partly within and partly without its |
22 | corporate limits, for the purpose of improving the sanitary |
23 | conditions thereof, such city may purchase, acquire, enter upon, |
24 | take, use and appropriate private property, either within or |
25 | without its territorial limits, for that purpose. If the city |
26 | cannot agree with the owner or lessee of such private property |
27 | upon the compensation for the property appropriated or the |
28 | damages done, or when, by reason of the absence or legal |
29 | incapacity of any such owner or lessee, no such compensation can |
30 | be agreed upon, the court of common pleas of the county in which |
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1 | such property may be situate, or any judge thereof in vacation, |
2 | on application thereto by petition by said city or such owner, |
3 | lessee, or any person affected, shall appoint viewers to view |
4 | and ascertain the damages done by reason thereof, and the |
5 | proceedings thereupon shall be as provided in this act in the |
6 | case of property taken, injured or destroyed.] |
7 | Section 291. Article XXXV heading of the act is amended to |
8 | read: |
9 | ARTICLE XXXV |
10 | [PUBLIC] UTILITY SERVICE |
11 | Section 292. Article XXXV subdivision (a) and subheading (1) |
12 | headings and section 3501 of the act are repealed: |
13 | [(a) Water Supply |
14 | (1) General Provisions |
15 | Section 3501. Exclusive Right to Furnish Water to City; |
16 | Frontage Tax.--Each city shall have the exclusive right, at all |
17 | times, to supply the city with water, and such persons, |
18 | partnerships, and corporations therein as may desire the same, |
19 | at such prices, as may be agreed upon; and for that purpose to |
20 | have, at all times, the unrestricted right, by ordinance, |
21 | subject to the provisions of existing laws, to make, erect, and |
22 | maintain all proper works, machinery, buildings, cisterns, |
23 | reservoirs, pipes, conduits, for the raising, reception, |
24 | conveyances, and distribution of water; or, in territory not |
25 | supplied with water, to make contracts with and authorize any |
26 | person, company, or association so to do and to give such |
27 | person, company, or association the privilege of furnishing |
28 | water, as aforesaid, for any length of time not exceeding ten |
29 | years. Whenever an extension of a supply of water to portions of |
30 | the city not previously supplied shall be made, it shall be |
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1 | lawful to charge all owners of houses, lots, and buildings on |
2 | each side of the street a frontage tax for the local water |
3 | supply part thereof according to the foot front or the assessed |
4 | valuation of the property for city purposes or according to |
5 | benefits. This tax shall be collected and recovered in the |
6 | manner provided by law for the recovery of municipal claims. The |
7 | legal title to all waterworks heretofore vested in any city by |
8 | equitable title shall, after the effective date of this act, be |
9 | vested in such city. Said waterworks shall be operated, |
10 | maintained, and managed in the same manner and subject to the |
11 | same provisions as any waterworks, owned or acquired by cities.] |
12 | Section 293. The act is amended by adding a section to read: |
13 | Section 3501.1. Right to Furnish Water, Lighting, Electric, |
14 | Gas or Other Similar Utility Service.--(a) A city may supply |
15 | water, lighting, electric, gas or other similar utility service |
16 | for public and private uses within the city. For these purposes, |
17 | a city shall have the power to install, maintain, and operate |
18 | all necessary facilities and to acquire property and make |
19 | improvements as needed. In carrying out the authority granted by |
20 | this section, a city may exercise all powers granted to it under |
21 | this act or any other law deemed necessary to carry out the |
22 | purposes of this section, including the power to acquire, by |
23 | eminent domain or otherwise, and the power to temporarily use or |
24 | lease, property. |
25 | (b) A city supplying water, lighting, electric, gas or other |
26 | similar utility service shall have the authority to fix the |
27 | rates and charges applicable thereto in accordance with section |
28 | 3587. |
29 | (c) For the purposes of this section, a city shall have the |
30 | authority to incur debt in accordance with 53 Pa.C.S. Pt. VII, |
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1 | Subpt. B (relating to indebtedness and borrowing). |
2 | Section 294. Article XXXV subheading (2) heading, sections |
3 | 3505, 3506 and 3507, subheading (3) heading, sections 3515, |
4 | 3516, 3517, 3518, 3519, 3520 and 3521, subheading (4) heading, |
5 | sections 3530, 3531 and 3532, subheading (5) heading and section |
6 | 3540 of the act are repealed: |
7 | [(2) Acquisition by Eminent Domain |
8 | Section 3505. Appropriation of Lands and Waters.--Any city |
9 | desiring to erect water-works, or to improve its water supply, |
10 | may appropriate springs, streams, rivers, or creeks, and lands, |
11 | easements, and rights of way, within or without its limits; and, |
12 | for the purpose of conducting water obtained outside the limits |
13 | of the city, may lay pipes under and over any lands, rivers, |
14 | streams, bridges, highways, and under railroads. No water |
15 | appropriated under the provisions of this section shall be used |
16 | in such manner as to deprive riparian owners thereon of the free |
17 | use and enjoyment of the same for domestic or farm purposes. |
18 | Section 3506. Agreements as to Damages; Bonds.--Prior to any |
19 | such appropriation, the city shall attempt to agree with the |
20 | owner as to the damage done, or likely to be done. If the |
21 | parties cannot agree, or the owner cannot be found, or is under |
22 | legal incapacity, the city shall petition the court of common |
23 | pleas to fix the amount of its bond, with or without surety, as |
24 | the court may direct, conditioned for the payment to the owner |
25 | of the property of the damages for the taking thereof, when the |
26 | same shall have been ascertained, and shall file said bond, as |
27 | approved, in the said court. |
28 | Section 3507. Appointment of Viewers; Proceedings.--Upon |
29 | petition of either the property owner or city, the court shall |
30 | appoint three viewers from the county board of viewers, who |
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1 | shall assess the damages for the property or rights |
2 | appropriated, and shall fix a time for their meeting, of which |
3 | notice shall be given to all parties interested by newspaper |
4 | publication, at least once in at least one newspaper, ten days |
5 | prior to such meeting, as required by section one hundred and |
6 | nine of this act, and the posting of hand bills along the line |
7 | of said improvement. The proceedings for the assessment of |
8 | damages shall be as provided in this act in case of property |
9 | taken, injured or destroyed. |
10 | (3) Acquisition by Purchase after Appraisement |
11 | Section 3515. Petition to Court Expressing Desire to Acquire |
12 | Water-Works.--Whenever any person, firm, or corporation shall |
13 | own any water-works or system which furnishes water within the |
14 | city, such city may present its petition to the court of common |
15 | pleas of the county, setting forth that the city is desirous of |
16 | owning and operating such water-works or system, and that it |
17 | will be necessary to issue bonds, to be secured by such water- |
18 | works or system, and that a value should be placed upon such |
19 | water-works or system, including all property, real and |
20 | personal, used in connection therewith. A city may acquire, by |
21 | agreement with the owner thereof, any water-works or system |
22 | which furnishes water within the city, or a part thereof, and |
23 | within nearby municipal subdivisions, or parts thereof. |
24 | Section 3516. Appointment of Engineers as Appraisers to Make |
25 | Valuation.--The court shall thereupon appoint three registered |
26 | engineers, in civil engineering, as appraisers, to value and |
27 | appraise such water-works or system, and the property used in |
28 | connection therewith, and the contracts or agreements with |
29 | municipalities or townships, who shall file their report in the |
30 | court within three months after their appointment, unless such |
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1 | time be extended by the court. |
2 | Section 3517. Powers of Appraisers.--The appraisers shall |
3 | have access to the books and records of the person, firm, or |
4 | corporation, owning such water-works or system, to inform |
5 | themselves as to the income and value thereof. They shall have |
6 | power to administer oaths and are authorized to take the |
7 | testimony of witnesses. Their report shall be final if not |
8 | appealed from. |
9 | Section 3518. Appeal from Appraisement.--Within ten days |
10 | after notice of the filing of any report, either party may |
11 | appeal from such appraisement, alleging an undervaluation or |
12 | overvaluation of the property, and praying for a hearing before |
13 | the court. The court shall thereupon fix a time when such appeal |
14 | may be heard, of which time at least ten days' notice shall be |
15 | given to the parties, and, upon such hearing, the court shall |
16 | have power to modify such report, and either party may appeal |
17 | from the final confirmation of such report to the Superior or |
18 | Supreme Court. |
19 | Section 3519. Effect of Failure of Owner of Works to Accept |
20 | Price Fixed.--After the value is finally determined, the city |
21 | may buy such water-works or system at the valuation so fixed; |
22 | and the person, firm, or corporation owning the same shall, |
23 | within ten days after notice, file in court its consent to sell |
24 | and convey its water-works or system and property to the city at |
25 | the valuation fixed. And, in default thereof, such person, firm, |
26 | or corporation shall cease to have any exclusive privilege of |
27 | supplying the city, or the citizens thereof, with water, and the |
28 | city may install such water-works or system as may be necessary |
29 | for the accommodation of the public. |
30 | Section 3520. Issue of Bonds.--For the purpose of any |
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1 | purchase authorized by this article, the city may issue general |
2 | obligation bonds or utility bonds or non-debt revenue bonds |
3 | issued as provided by the Municipal Borrowing Law. |
4 | Section 3521. Limit of Bond Issue.--Such bonds shall not |
5 | exceed in amount the value fixed by the appraisers or the court. |
6 | The proceeds of the sale of such bonds shall be used exclusively |
7 | for the purpose of paying for the property acquired. |
8 | (4) Acquisition of Competing Water Companies by Cities |
9 | Section 3530. Power to Acquire Companies Operating in Same |
10 | Territory.--Any city owning, operating, or controlling a system |
11 | of water-works for the supplying of water to persons, |
12 | partnerships, and corporations residing therein, and for |
13 | municipal purposes, whether the title to the said water-works be |
14 | in the name of commissioners of water-works or in the city |
15 | itself or otherwise, may acquire all the water-works, including |
16 | water pipes, mains, service attachments, fire hydrants, and |
17 | improvements of any water corporation or private individual |
18 | operating partly within and partly without the limits of the |
19 | said city, both so much as is included within the limits of the |
20 | said city, and so much as is without the limits of the said |
21 | city, serving the territory adjacent thereto, and acquire and |
22 | exercise all of the franchises and powers of said prior owner |
23 | both within and without the city limits. |
24 | No such municipal acquisition shall be valid until, upon |
25 | application filed by the city and formally joined in by the |
26 | proposed vendor water company, the Public Utility Commission |
27 | shall have found and determined, after public hearing, that the |
28 | granting of such application and the service contemplated by the |
29 | city is necessary or proper for the service, accommodation, and |
30 | convenience of the public. In any such proceeding, the entire |
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1 | matter shall be before the commission, and no further specific |
2 | approvals of the said commission, which might otherwise be |
3 | required, shall be necessary. |
4 | Section 3531. Service Outside Limits Subject to Control of |
5 | Public Utility Commission.--The service of water by any such |
6 | city in the territory outside of the limits of the city shall be |
7 | subject to regulation and control by the Public Utility |
8 | Commission as to character of service, extensions, and rates, |
9 | with the same force and in like manner as though the city |
10 | serving in such territory were in fact a water corporation and |
11 | with respect to such territory outside of the limits of the |
12 | city, and shall have all the powers and be subject to all the |
13 | duties of a water corporation. |
14 | Section 3532. Different Rates Within and Without City.-- |
15 | Inasmuch as the city may be serving its inhabitants at less than |
16 | the actual cost of service, including capital charges and |
17 | depreciation, because the plant may have been or may be built |
18 | and operated in part out of the funds raised by municipal |
19 | taxation, no rate, classification, rule, regulation, or |
20 | practice, put in operation by the city in the portion of its |
21 | territory supplied, located beyond the city limits shall be |
22 | considered as unjustly discriminatory solely by reason of the |
23 | fact that a different rate, classification, rule, regulation, or |
24 | practice is in operation within the boundaries of the |
25 | municipalities with respect to a similar service rendered. |
26 | (5) Power to Furnish Water to Consumers outside City |
27 | Section 3540. All cities wherein the title to the water- |
28 | works therein located is or shall hereafter be in the name of |
29 | the city may extend the water-pipes and improvements of any such |
30 | water-works, beyond the bounds of the cities wherein they are |
|
1 | located, into the county and municipalities of the county in the |
2 | vicinity of such cities; and furnish water to any and all |
3 | corporations, institutions, persons, and municipal subdivisions |
4 | in the counties in which said cities are located, in accordance |
5 | with law and the rules and regulations of the Public Utility |
6 | Commission. This section does not authorize a city to extend |
7 | water-pipes or supply water in territory, outside the boundaries |
8 | of such cities, which territory is being supplied with water by |
9 | a private company.] |
10 | Section 295. The act is amended by adding a section to read: |
11 | Section 3540.1. Power to Furnish Utilities to Consumers |
12 | Outside City.--A city that provides utility service in |
13 | accordance with section 3501.1 may provide utility service in |
14 | surrounding municipalities, or portions thereof, which are not |
15 | provided with such services by those surrounding municipalities, |
16 | local or regional public authorities or private companies, |
17 | subject to and in accordance with applicable law and the rules |
18 | and regulations of the Pennsylvania Public Utility Commission |
19 | with regard to the character of service, extensions and rates. |
20 | Section 296. Article XXXV subheading (6) heading, sections |
21 | 3550, 3551, 3552 and 3553, subheading (7) heading, sections |
22 | 3560, 3561, 3562, 3563 and 3564, subheading (8) heading and |
23 | sections 3570 and 3571 of the act are repealed: |
24 | [(6) Power to Lease Water-Works |
25 | Section 3550. Lease of Water-Works.--The council of any city |
26 | may, on behalf of such city, enter into a contract with any |
27 | private individual, copartnership, association, or corporation, |
28 | for the leasing of any water supply, works, systems, and |
29 | property, or both, of such private individual, copartnership, |
30 | association, or corporation. |
|
1 | Section 3551. Terms of Lease; Rental.--The said leasing may |
2 | be for such term of years and at such rental, as shall be agreed |
3 | upon by the city and the private individual, copartnership, |
4 | association, or corporation. |
5 | Section 3552. Operation of Property.--The property, so |
6 | acquired, shall be operated in the same manner as if the same |
7 | had been acquired by such city by purchase or condemnation |
8 | proceedings. |
9 | Section 3553. Rates.--The council of the city, subject to |
10 | the Public Utility Law, shall fix the rates to be charged for |
11 | the water furnished without the limits of such city to |
12 | individuals, copartnerships, associations, or corporations. |
13 | (7) Condemnation of Lands for Road Purposes and to |
14 | Prevent Contamination |
15 | Section 3560. Overflowing Roads; Acquisition of Lands to |
16 | Reconstruct Roads.--Whenever any city, in supplying water to the |
17 | public, shall find it necessary, in storing water, to occupy and |
18 | overflow with water portions of any turnpike or public road, or |
19 | whenever any public road leads into or crosses over any |
20 | reservoir used for the storage of water, the city shall cause |
21 | such turnpike or road to be reconstructed, at its own expense, |
22 | on a favorable location and in as perfect manner as the original |
23 | road, and, for such purposes, is authorized to condemn land |
24 | whenever an agreement as to the price cannot be had with the |
25 | owners. |
26 | Section 3561. Filing Maps and Plans.--After such change is |
27 | made, the city shall file in the court of quarter sessions of |
28 | the county a map or plan showing such change of road, and shall |
29 | furnish to the supervisors or other authorities of the township, |
30 | or municipal corporation, a copy of such map. |
|
1 | Section 3562. Condemnation of Lands to Prevent |
2 | Contamination.--Cities may acquire, by purchase or condemnation, |
3 | such lands along and contiguous to the streams of water or |
4 | reservoirs from which water is taken for public use, as may be |
5 | necessary to preserve the same from contamination. |
6 | Section 3563. Security for Payment of Damages.--No land |
7 | shall be taken, injured or destroyed for the uses mentioned in |
8 | this subdivision of this article until compensation therefor |
9 | shall have been paid, or secured, before such taking, injury or |
10 | destruction. |
11 | Section 3564. Condemnation Proceedings.--The damages |
12 | incurred in changing the location of any such turnpike or public |
13 | road, and in condemning land to preserve water from |
14 | contamination, shall be ascertained in the manner provided in |
15 | this act in case of property taken, injured or destroyed. |
16 | (8) Miscellaneous Provisions |
17 | Section 3570. Power of City to Patrol Through Private |
18 | Lands.--Any city owning and operating a water-works system is |
19 | hereby authorized and empowered to enter, by any of its |
20 | employes, upon private lands through which may pass any stream |
21 | or streams of water supplying such city, for the purpose of |
22 | patrolling the drainage area of such stream or streams, and |
23 | making investigations or inquiries pertaining to the condition |
24 | of the stream or streams, sanitary or otherwise. Any injury or |
25 | damage done to the property, so entered upon, shall be paid by |
26 | such city. |
27 | Section 3571. Leasing of Part of Water-Works for Yacht |
28 | Harbor.--The council, or the commission of water-works, or other |
29 | body of any city having charge and control of the water-works |
30 | property of any such city, may, subject to the approval of the |
|
1 | State Department of Health, and subject to proper restrictions, |
2 | lease, for a period of years, any portion of the real property, |
3 | not exceeding three acres, and any water area, under its |
4 | control, and not necessary or essential for the operation and |
5 | maintenance of such water-works, for the purpose of establishing |
6 | and maintaining a harbor for yachts and for the erection of |
7 | proper and suitable buildings in connection therewith, whenever |
8 | the occupation of the grounds and water areas so leased shall |
9 | not interfere with the operation of such water-works or in any |
10 | manner affect the sanitary conditions of any public water |
11 | supply. |
12 | Any such lease, before the same is executed, shall be |
13 | submitted to and be approved by the Department of Health.] |
14 | Section 297. Section 3572 of the act, added August 19, 1953 |
15 | (P.L.1100, No.297), is repealed: |
16 | [Section 3572. Accumulation of Funds; Repair and Replacement |
17 | of Water Supply Systems.--Any city, which now has or may |
18 | hereafter acquire title to any water-works, shall create a |
19 | special fund and accumulate therein money to be expended |
20 | exclusively for the repairing and replacing of its water supply |
21 | system. The city shall annually place into the fund the |
22 | difference between ten (10) per cent of the net receipts |
23 | collected by it incidental to the supplying of water and water |
24 | service and the amount, if any, expended in repairing or |
25 | replacing its water supply system. The total amount in the |
26 | special fund shall not exceed in the aggregate ten (10) per cent |
27 | of the net receipts for any three years. |
28 | The provisions of this section shall not be construed to |
29 | limit the powers of the city to use receipts from water or water |
30 | services for purposes of repairing or replacing its water supply |
|
1 | system.] |
2 | Section 298. Article XXXV subdivision (b) heading, sections |
3 | 3575 and 3576, subdivision (c) heading and sections 3580, 3581, |
4 | 3582, 3583 and 3584 of the act are repealed: |
5 | [(b) Power and Light |
6 | Section 3575. Power to Furnish Light.--Cities shall have the |
7 | exclusive right, at all times, to supply the city with electric, |
8 | gas or other light, and such persons, partnerships, and |
9 | corporations therein as may desire the same, at such prices as |
10 | may be agreed upon; and shall have at all times, the |
11 | unrestricted right to make, erect, and maintain the necessary |
12 | buildings, machinery, and apparatus for manufacturing and |
13 | distributing the same, or, in territory not supplied with light, |
14 | to make contracts with and to authorize any person, company, or |
15 | association so to do, and to give such person, company, or |
16 | association the privilege of supplying gas or other light, as |
17 | aforesaid, for any length of time not exceeding ten years. |
18 | Section 3576. Street Lighting; Ornamental Lighting |
19 | Systems.--Cities may, by ordinance, provide for and regulate the |
20 | lighting of streets with gas or electric light, or light by |
21 | other means, and, upon petition of the majority of the property |
22 | owners in number or interest abutting on any street or section |
23 | thereof, may install ornamental lighting systems and assess the |
24 | costs of installation, maintenance, or operation entirely upon |
25 | the city, or entirely upon the abutting property owners, or |
26 | partly upon the abutting property owners and partly on the city. |
27 | (c) Water and Lighting Commission |
28 | Section 3580. Creation of Water and Lighting Department.-- |
29 | Any city which now has or which may hereafter have the title to |
30 | any water, gas, or electric light works, by conveyance to the |
|
1 | same or by operation of law in its corporate name, or which may |
2 | hereafter erect or purchase water, gas, or electric light works, |
3 | under the provisions of this act, may create a department to be |
4 | called the water and lighting department, and, for the |
5 | organization and government of the same, the council may divide |
6 | the city into three districts for the election of a board of |
7 | commissioners, which districts shall be numbered one, two, and |
8 | three; one commissioner to be chosen from each respective |
9 | district, of which he shall be a resident at the time of his |
10 | election, and no member of council or person holding any city |
11 | office shall be eligible as a member of said board. |
12 | Section 3581. Election of Members of Commission.--The |
13 | council of such city creating such department, as aforesaid, |
14 | may, on the second Monday of April, or within thirty days |
15 | thereafter, elect one person from each of said districts as a |
16 | member of the board of commissioners of the water and lighting |
17 | department; and at the first election each member of council |
18 | shall vote for but two commissioners, and the three persons, |
19 | being one from each of said districts, having the highest number |
20 | of votes shall be declared elected. The commissioners so elected |
21 | shall serve for the term of one, two, and three years, |
22 | respectively, to be computed from the date of election, and |
23 | until their successors are duly elected and qualified. The term |
24 | of each shall be determined by lot at the first meeting of the |
25 | board, and thereafter on the second Monday of April of each |
26 | year, or within thirty days thereafter, the council shall elect |
27 | one commissioner to serve for the term of three years. |
28 | Section 3582. Compensation of Commissioners; Oath; Removal; |
29 | Filling of Vacancies.--The members of the board of |
30 | commissioners, created as aforesaid, shall receive such |
|
1 | compensation for their services as may be provided by ordinance. |
2 | Before entering upon their respective duties, they shall take |
3 | and subscribe the oath prescribed by this act for city officers, |
4 | and they shall be removable by council for misdemeanor in office |
5 | or neglect of duty. All vacancies occurring in the board shall |
6 | be filled by council for the unexpired term. |
7 | Section 3583. Duties of Board.--The board shall take charge |
8 | of the water and lighting department so created, and shall |
9 | employ and dismiss at pleasure a superintendent and a clerk, who |
10 | shall be secretary of the board, whose compensation shall be |
11 | fixed by council. The board shall employ such laborers, |
12 | mechanics and workmen as they may deem necessary for the |
13 | economical and efficient administration of said department. They |
14 | shall purchase such materials and supplies as may be required |
15 | for keeping the works in good repair, and have charge and |
16 | control of all constructions, repairs, enlargements and |
17 | extensions of the works, and shall conduct and manage the |
18 | affairs and business of the department in accordance with law |
19 | and the directions of council. |
20 | Section 3584. Estimates of New Work to be Furnished |
21 | Council.--The said board of commissioners shall, whenever called |
22 | upon by council, make and submit to them full estimates of the |
23 | cost, charges and expenses of any new work, enlargement, |
24 | extension of water or lighting supply, or alteration which |
25 | council may contemplate making relative to said works; and may, |
26 | at any time, submit to council any suggestions and estimates |
27 | they may see proper to make touching the improvement, extension, |
28 | or enlargement of said works, but no new construction, |
29 | reconstruction, extension, supply of water or light, or |
30 | enlargement of said works shall be undertaken by said |
|
1 | commissioner so created, or materials or supplies be purchased |
2 | therefor, without the previous consent and direction of |
3 | council.] |
4 | Section 299. Section 3585 of the act is amended to read: |
5 | Section 3585. Payment of Cost of [Extensions by Property |
6 | Owners; Frontage Tax] Extensions.--Whenever an extension of [a |
7 | supply of] pipes, wires or conduits is made to permit a city to |
8 | supply water or light, electric, gas or other similar utility |
9 | service to portions of the city not previously supplied [shall |
10 | be made by the said commissioners, they shall make out a full |
11 | statement of the number of feet of main pipes laid or extended |
12 | through any of the streets of the city in which main pipes were |
13 | not laid before the said extension, and shall file the same in |
14 | the department; and it shall be the duty of the clerk of said |
15 | department, forthwith, on receipt of said statement to make out |
16 | a list of all owners of houses, lots and buildings on each side |
17 | of the street through which said pipes are extended, and to |
18 | charge said owners, and each of them, for each and every house, |
19 | lot or building so situated in said streets, at such rate per |
20 | foot as council may by ordinance fix, for said mains extending |
21 | along the front of their respective houses, lots and buildings. |
22 | Nothing herein contained shall be construed to prevent council |
23 | from providing for the payment of water and gas pipes by the |
24 | city] with such service, an assessment of the costs thereof may |
25 | be made in accordance with Article XLV-A. |
26 | Section 300. Section 3586 of the act is repealed: |
27 | [Section 3586. Collection of Frontage Tax; Assessment of |
28 | Cost.--Said charge shall be called the frontage water tax, or |
29 | lighting tax, as the case may be, and shall be collected and |
30 | recovered in the manner provided by law for the recovery of |
|
1 | municipal claims. Whenever any pipes for the conveyance of water |
2 | or light shall be laid in any of the streets or highways within |
3 | such city, the owners of the ground in front of which the same |
4 | shall be laid shall pay for the expense thereof such sum for |
5 | each foot of the front of their ground upon such street as |
6 | council may, by ordinance, direct: Provided, That in all corner |
7 | lots an allowance shall be made of one-third the length of their |
8 | front, but such allowance shall be always and only on the street |
9 | having the longest front and in case both fronts are of equal |
10 | dimensions, the allowance shall be made in the street in which |
11 | the pipes shall be last laid, but in no case shall the allowance |
12 | exceed sixty feet on any corner lot: And provided further, That |
13 | when a corner lot shall have erected upon it two or more |
14 | separate tenements, there shall only be an allowance made equal |
15 | to one-third of the depth of the corner tenement and the yard |
16 | adjoining. The provisions of this and the foregoing section |
17 | shall not apply to any lot or piece of ground in such city upon |
18 | which there may be a supply of water or gas obtained from any |
19 | other source whatever, but if at any time the owner of such lot |
20 | or piece of ground shall desire to obtain a supply of water or |
21 | gas from the works of such city, then and in that case the |
22 | provisions of this section shall first be complied with.] |
23 | Section 301. Section 3587 of the act is amended to read: |
24 | Section 3587. Fixing Rates.--[The board of commissioners |
25 | may] Council shall fix, or may delegate to a city department the |
26 | power to fix, with the approval of council, [fix the water and |
27 | lighting rates, and the quantity to be used, and for that |
28 | purpose they shall, on the first Monday of March in each year, |
29 | establish the rates for the succeeding year, which rates shall |
30 | be submitted by them to council for its approval, and, when |
|
1 | approved, such rates shall not be changed for and during the |
2 | year, but if not approved, the existing rates shall continue |
3 | until modified by the commissioners, with the approval of |
4 | council] rates for the use of water or light, electric, gas or |
5 | other similar utility service and, in the case of consumers |
6 | outside the city, the fixing of rates shall be subject to and in |
7 | accordance with applicable law and the rules and regulations of |
8 | the Pennsylvania Public Utility Commission. |
9 | Section 302. Section 3588 of the act, amended December 18, |
10 | 1992 (P.L.1424, No.175), is amended to read: |
11 | Section 3588. Collection of [Lighting and Water] Utility |
12 | Charges.--(a) Council shall provide, by ordinance, for the |
13 | collection of [all the lighting and water] charges for the use |
14 | of water or light, electric, gas or other similar utility |
15 | service that may accrue, from time to time, to the city [for the |
16 | use of the water or light], fixing the time when [such] the |
17 | charges shall be payable, and the penalties for nonpayment |
18 | thereof[; and such] . The charges shall be assessed to the |
19 | respective owners of the real estate on which [such water or |
20 | light] the utility service is used, and if the same shall not be |
21 | paid in accordance with the provisions of [such] the ordinance, |
22 | claims for the amounts due [shall be registered in the city lien |
23 | docket in the same manner as provided by law in the case of |
24 | unpaid city taxes on real estate, with the like force and effect |
25 | as to the lien thereof.] may be filed as a lien and collected in |
26 | accordance with the "Municipal Claim and Tax Lien Law." |
27 | (b) In the case of a city which has agreed to provide water |
28 | service through a separate meter and separate service line to a |
29 | residential dwelling unit in which the owner does not reside, |
30 | the owner shall be liable to pay the tenant's bill for service |
|
1 | rendered to the tenant by the city only if the city notifies the |
2 | owner and the tenant within thirty days after the bill first |
3 | becomes overdue. Such notification shall be provided by first |
4 | class mail to the address of the owner provided to the city by |
5 | the owner and to the billing address of the tenant, |
6 | respectively. Nothing herein shall be construed to require a |
7 | city to terminate service to a tenant, provided that the owner |
8 | shall not be liable for any service which the city provides to |
9 | the tenant ninety or more days after the tenant's bill first |
10 | becomes due unless the city has been prevented by court order |
11 | from terminating service to that tenant. |
12 | Section 303. Section 3589 of the act is repealed: |
13 | [Section 3589. Report to Council; Accounts of City |
14 | Treasurer; Disposition of Surplus.--The board of commissioners |
15 | shall, annually at a stated meeting of council in the month of |
16 | January, report to said council a full statement of all the |
17 | repairs, alterations, reconstructions, new constructions, |
18 | expenditures, and everything relating to the management and cost |
19 | to the city of maintaining each of the said works. The city |
20 | treasurer shall keep his accounts in such manner as to show in |
21 | his monthly report, distinctly and separately, the entire amount |
22 | of revenue realized during each month from the water and |
23 | lighting departments of said city, respectively; and the |
24 | revenues derived from the said water and lighting departments |
25 | shall be applied exclusively to the purposes of said |
26 | departments, respectively; and the surplus, if any, to the |
27 | reduction of the debt thereof. Any surplus revenues from said |
28 | water and lighting departments, after the payment of all the |
29 | debts of said respective departments, shall be applied as |
30 | follows: The surplus from the water revenues, to the reduction |
|
1 | of the bonded indebtedness which has been created by the city |
2 | for the erection and construction of its water-works; and the |
3 | surplus from the lighting revenues, to the reduction of any |
4 | bonded indebtedness which has been created by the city for the |
5 | erection and construction of its lighting plant.] |
6 | Section 304. The act is amended by adding a section to read: |
7 | Section 3590. Disposition of Revenues.--The revenues derived |
8 | from the city's furnishing of water, light, electric, gas or |
9 | other similar utility service shall be applied as follows: |
10 | (1) to the purposes of the respective departments under the |
11 | direction of which the utility service is provided; |
12 | (2) for the reduction of debt related to the provision of |
13 | that service; and |
14 | (3) to any other city department that provides labor or |
15 | materials for the maintenance and repair of property or |
16 | facilities relating to the city's provision of a utility |
17 | service. |
18 | Section 305. Article XXXVI heading is reenacted to read: |
19 | ARTICLE XXXVI |
20 | PUBLIC BUILDINGS AND WORKS |
21 | Section 306. Section 3601 of the act is amended to read: |
22 | Section 3601. [Hospitals, Jails, Poor Farms, Et Cetera.-- |
23 | Each city may, by ordinance, erect] Public Buildings |
24 | Generally.--(a) With regard to public buildings, each city may, |
25 | by ordinance, do any of the following: |
26 | (1) Erect, purchase, establish or maintain [hospitals, |
27 | jails, workhouses, or houses of correction for juvenile or other |
28 | offenders and prescribe regulations for the government thereof; |
29 | and erect] all public buildings. [necessary for the use of the |
30 | city, or of any department thereof; purchase, take, use, or |
|
1 | occupy, private lands upon which to erect any of the said |
2 | buildings; purchase, take, use, or occupy, within or without the |
3 | limits of the respective city, whether within the county wherein |
4 | is located the city, or within a county adjacent thereto, or |
5 | within both, private lands and buildings; establish and maintain |
6 | a general hospital, or hospitals, for the cure and treatment of |
7 | the sick and injured, or a hospital or hospitals for the |
8 | treatment and separation of persons suffering with contagious or |
9 | infectious diseases, and prescribe rules and regulations for the |
10 | government, management, and maintenance thereof; purchase, take, |
11 | use, or occupy, within the limits of the county of such city or |
12 | within a county adjacent thereto, or within both, private lands |
13 | upon which to establish and maintain a poor farm, with all |
14 | necessary and convenient buildings and appliances, where the |
15 | city may support and maintain such poor persons as such city is |
16 | by law required to support and maintain; acquire, by purchase, |
17 | or in other lawful manners, within or without the city, but |
18 | within the county or counties in which the city is located, |
19 | sufficient real estate for present and future use upon which to |
20 | erect workhouses or houses of detention, poor houses, garbage |
21 | and incinerating furnaces. The proceedings for the assessment of |
22 | damages for any property taken, occupied or used for any such |
23 | purpose shall be the same as provided in this act for property |
24 | taken, injured or destroyed.] |
25 | (2) Purchase, take, use, occupy, or acquire, by any lawful |
26 | means, including eminent domain, private lands, buildings and |
27 | property in order to erect, establish or maintain public |
28 | buildings. |
29 | (b) For purposes of this article, public buildings shall |
30 | include not only those buildings or structures which council |
|
1 | deems necessary for the use of the city, but also other |
2 | buildings and structures which are to be used for a public |
3 | purpose, including public auditoriums, public libraries, public |
4 | memorial buildings and monuments. |
5 | Section 307. Section 3602 of the act is repealed: |
6 | [Section 3602. Public Auditoriums, Libraries, Memorials and |
7 | Monuments.--Cities may take, purchase, or acquire, by any lawful |
8 | means, or through condemnation proceedings, property for the |
9 | purpose of erecting thereon public auditoriums, public |
10 | libraries, public memorial buildings, and monuments.] |
11 | Section 308. Section 3603 of the act is amended to read: |
12 | Section 3603. Payment of Cost of Erection and Maintenance.-- |
13 | Cities may appropriate money [or issue bonds for the erection, |
14 | on said property purchased or acquired through condemnation |
15 | proceedings, public auditoriums, public libraries, public |
16 | memorial buildings, and monuments] and incur debt in accordance |
17 | with 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and |
18 | borrowing) for the purchase or acquisition through eminent |
19 | domain of private lands, buildings and property in order to |
20 | erect or establish public buildings. Cities may also appropriate |
21 | moneys for the operation and maintenance of [such public |
22 | auditoriums, public libraries, memorial buildings, and |
23 | monuments] public buildings. |
24 | Section 309. Section 3604 of the act is repealed: |
25 | [Section 3604. Proceedings for Assessment of Damages.--All |
26 | proceedings for the assessment of damages for property taken for |
27 | auditoriums, libraries, memorials and monuments shall be had in |
28 | the manner provided by this act for property taken, injured or |
29 | destroyed.] |
30 | Section 310. Sections 3605, 3606 and 3607 of the act are |
|
1 | amended to read: |
2 | Section 3605. Donation of Land by City for Library Purposes; |
3 | Contributions [toward Maintenance.--Cities may donate ground |
4 | thus acquired for a public library to any library association |
5 | provided said association will furnish the funds for the |
6 | erection of the library building, the plans of which are |
7 | approved by the city, but only in such cases where the said |
8 | library association is by its by-laws and charter compelled to |
9 | put back into the property and surplus earnings from the |
10 | operation of said library. Cities may make appropriations |
11 | towards the operating expense of such library.] toward |
12 | Maintenance.--In addition to the power to make appropriations, |
13 | donations and gifts for library purposes in accordance with the |
14 | act of June 14, 1961 (P.L.324, No.188), known as "The Library |
15 | Code," a city may acquire and donate land for library purposes |
16 | to a local library as defined in section 102 of "The Library |
17 | Code." |
18 | Section 3606. Rental of Public Auditoriums; Disposition of |
19 | Proceeds.--Cities, in the case of public auditoriums, may, by |
20 | order of council, charge a rental for the use of [said] the |
21 | public auditorium. All moneys derived from rental of [said] the |
22 | public auditoriums shall be paid into the general fund of the |
23 | city. |
24 | Section 3607. [Leasing of City Property as Memorials.--Each |
25 | city may lease real estate, the property of said city,] Long- |
26 | Term Improvement Leases.--(a) A city may lease city real estate |
27 | on long term improvement leases, at a nominal rental or |
28 | otherwise, to a [corporation of the first class] nonprofit |
29 | corporation, for the purpose of providing an auditorium for |
30 | dramatic, musical, artistic, literary, scientific or patriotic |
|
1 | societies or events, or for such other purposes as may be |
2 | approved, from time to time, by council. |
3 | (b) A long-term improvement lease shall be for a term of not |
4 | more than ninety-nine years, and may provide for a right of |
5 | renewal for a like term, and shall contain provision for the |
6 | improvement of the real estate by the lessee by the erection of |
7 | a suitable building or buildings of dignified and appropriate |
8 | architecture, absolute ownership of which building or buildings |
9 | shall revert to the city, free of any claim or charge, at the |
10 | end of the term of the lease or any renewal thereof. |
11 | (c) The building or buildings erected pursuant to a long- |
12 | term improvement lease may be used for any one or more of the |
13 | following purposes, which are hereby declared, in respect of |
14 | this subject matter, to be used for public purposes: As an |
15 | auditorium for dramatic, musical, artistic, literary, or |
16 | scientific events, including provision for the accommodation of |
17 | patriotic societies or groups, or such other accommodations and |
18 | features as may be approved, from time to time, by the city. |
19 | (d) The title to property subject to a long-term improvement |
20 | lease shall remain in the city, and for purposes of local |
21 | taxation, the property which is subject to a long-term |
22 | improvement lease and the leasehold estate created thereby shall |
23 | be deemed to be devoted to a public purpose and public use. |
24 | (e) The lessees under a long-term improvement lease shall be |
25 | exclusively liable for the maintenance and upkeep of the demised |
26 | premises, and shall be solely responsible for the maintenance |
27 | and operation thereof. |
28 | (f) Any long-term improvement lease may provide that the |
29 | lessor shall be entitled to receive a sum equal to the net |
30 | income of the demised premises after reasonable reserves and |
|
1 | proper amortization charges. |
2 | Section 311. Sections 3608, 3609, 3610, 3611 and 3612 of the |
3 | act are repealed: |
4 | [Section 3608. Term of Lease; Renewals; Improvements to be |
5 | Erected.--Every such lease shall be for a term of not more than |
6 | ninety-nine years, and may provide for a right of renewal for a |
7 | like term, and shall contain provision for the improvement of |
8 | the real estate by the erection of a suitable building or |
9 | buildings of dignified and appropriate architecture, absolute |
10 | ownership of which building or buildings shall revert to the |
11 | city, free of any claim or charge, at the end of the term of the |
12 | said lease or any renewal thereof. |
13 | Section 3609. Use of Buildings.--The building or buildings, |
14 | so erected, may be used for any one or more of the following |
15 | purposes, which are hereby declared, in respect of this subject |
16 | matter, to be used for public purposes: As an auditorium for |
17 | dramatic, musical, artistic, literary, or scientific events, |
18 | including provision for the accommodation of patriotic societies |
19 | or groups, or such other accommodations and features as may be |
20 | approved, from time to time, by the city. |
21 | Section 3610. Title in City; Exemption from Taxation; |
22 | Maintenance.--The title to the said property, as so improved, |
23 | shall remain in the city, and neither the said real estate, nor |
24 | the leasehold estate created by such lease, shall be subject to |
25 | local or other taxation. |
26 | The lessees shall be exclusively liable for the maintenance |
27 | and upkeep of the demised premises, and shall be solely |
28 | responsible for the maintenance and operation thereof. |
29 | Section 3611. Rental.--Any such lease may provide that the |
30 | lessor shall be entitled to receive a sum equal to the net |
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1 | income of said demised premises after reasonable reserves and |
2 | proper amortization charges. |
3 | Section 3612. Location of City Jails Restricted.--No city |
4 | shall erect or construct a city jail or lock-up, or use any |
5 | existing building or lock-up for the first time, which will be |
6 | or is located within five hundred feet of any public school |
7 | building.] |
8 | Section 312. Article XXXVII heading of the act is reenacted |
9 | to read: |
10 | ARTICLE XXXVII |
11 | PARKS, PLAYGROUNDS, AND RECREATION CENTERS |
12 | Section 313. Section 3703 of the act, amended September 26, |
13 | 1951 (P.L.1515, No.379), is amended to read: |
14 | Section 3703. Acquisition of Lands and Buildings.--Cities |
15 | may enter upon, take, use, purchase and acquire, by gift or by |
16 | the right of eminent domain, lands, property and buildings, for |
17 | the purpose of making, extending, enlarging, and maintaining |
18 | recreation places which shall consist of public parks, parkways, |
19 | playgrounds, playfields, gymnasiums, public baths, swimming |
20 | pools, or indoor recreation centers, may levy and collect such |
21 | special taxes as may be necessary to pay for the same, and make |
22 | appropriations for the improvement, maintenance, care, |
23 | regulation, and government of the same. Cities may designate and |
24 | set apart for use for any of the purposes specified in this |
25 | section lands and buildings owned by such cities and not |
26 | dedicated or devoted to other public use. Cities may also lease |
27 | lands and buildings in such cities for temporary use for [such] |
28 | these purposes. Lands, property and buildings outside the limits |
29 | of the city may be [acquired in like manner] purchased or |
30 | acquired for the recreation places[, and such lands may be |
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1 | annexed to the city, in the manner provided by this act for the |
2 | annexation of territory to a city.] with the consent of the |
3 | governing body of the municipal corporation in which the lands, |
4 | property or buildings are situated. |
5 | Section 314. The act is amended by adding a section to read: |
6 | Section 3703.1. Powers of Council; Delegation.--(a) Council |
7 | shall have the power to equip, operate, supervise, and maintain |
8 | recreation places and to employ recreation directors or any |
9 | other officers or employees deemed necessary in order to carry |
10 | out the provisions of this article. |
11 | (b) In any case in which more than one-half the full costs |
12 | of the supervision and maintenance of the recreation places, |
13 | including the compensation of all the officers and employees |
14 | hired to carryout the provisions of this article, are borne by |
15 | the city, council shall have the authority to fix the |
16 | compensation of these officers and employes. |
17 | (c) Council may delegate all or part of its power under |
18 | subsection (a) to an existing body or board or to a recreation |
19 | board, as council shall determine. |
20 | Section 315. Section 3704 of the act, amended January 14, |
21 | 1952 (1951 P.L.2032, No.570), is repealed: |
22 | [Section 3704. Creation of Recreation Board.--The authority |
23 | to supervise and maintain recreation places may be vested in any |
24 | existing body or board, or in a recreation board, as council |
25 | shall determine. Council may equip, operate, and maintain the |
26 | recreation places, as authorized by this act. Such authorities |
27 | may, for the purpose of carrying out the provisions of this |
28 | article, employ play leaders, recreation directors, supervisors, |
29 | superintendents, or any other officers or employes, as they deem |
30 | proper. Where more than one-half the full costs of the |
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1 | supervision and maintenance of the recreation places, including |
2 | the compensation of all the officers and employes, are borne by |
3 | the city, the compensation of such officers and employes shall |
4 | be fixed by council: Provided, however, That in such cases, |
5 | council may delegate this power to the recreation commission.] |
6 | Section 316. Section 3705 of the act, amended October 4, |
7 | 1978 (P.L.950, No.188), is amended to read: |
8 | Section 3705. [Composition of Board.--(a) If council shall |
9 | determine that the power to equip, operate, and maintain |
10 | recreation places, shall be exercised by a recreation board, |
11 | they may establish in said city such recreation board, which |
12 | shall possess all the powers, and be subject to all the |
13 | responsibilities of council under this article. Such] Creation |
14 | and Composition of Recreation Board.--Council may establish in |
15 | the city a recreation board, which shall possess the powers and |
16 | the responsibilities delegated to it by council in accordance |
17 | with section 3703.1(c). The recreation board, when established, |
18 | shall consist of [a minimum of five and a maximum of nine |
19 | persons, two of whom shall be members of and appointed by the |
20 | school board. The city] five or seven persons. The members of |
21 | the board shall be appointed by the mayor with the approval of |
22 | council and shall serve for terms no longer than five years and |
23 | the terms of the members shall be staggered in such a manner |
24 | that at least one expires annually. Members of [such] the |
25 | recreation board shall serve without pay. Vacancies in [such] |
26 | the board, occurring otherwise than by expiration of term, shall |
27 | be for the unexpired term and shall be filled in the same manner |
28 | as original appointments. |
29 | [(b) In addition to the establishment of a city recreation |
30 | board, the council may appoint persons to serve as members of a |
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1 | school district recreation board established by the school |
2 | district wherein the city is located.] |
3 | Section 317. Sections 3706, 3707 and 3708 of the act are |
4 | amended to read: |
5 | Section 3706. [Organization of Board; Employes] Organization |
6 | of Board.--The members of a recreation board, established |
7 | pursuant to this article, shall elect their own [chairman] chair |
8 | and secretary and select all other necessary officers, to serve |
9 | for a period of one year[, and may employ such persons as may be |
10 | needed, as authorized by this article. Such] The board shall |
11 | have power to adopt rules and regulations for the conduct of all |
12 | business within its jurisdiction. |
13 | Section 3707. Joint Ownership and Maintenance.--[Any] A city |
14 | may, jointly with any [other cities, boroughs, or townships, or |
15 | any of them] one or more other municipalities, acquire property |
16 | for, and operate and maintain, any recreation [places] place. |
17 | Any city may join with any school district, in equipping, |
18 | operating, and maintaining recreation places, and may |
19 | appropriate money therefor. |
20 | Section 3708. [Issue of Bonds.--The city council may issue |
21 | general obligation bonds] Borrowing.--The city council may |
22 | borrow money and incur debt in accordance with 53 Pa.C.S. Pt. |
23 | VII Subpt. B (relating to indebtedness and borrowing) for the |
24 | purpose of acquiring lands or buildings for recreation places, |
25 | and for the equipment therefor. |
26 | Section 318. Section 3709 of the act, amended August 10, |
27 | 1965 (P.L.318, No.168), is amended to read: |
28 | Section 3709. Maintenance and Tax Levy.--[All expenses |
29 | incurred in the operation of such] Expenses incurred in the |
30 | maintenance and operation of recreation places, established as |
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1 | herein provided, [shall be payable] including the operation of |
2 | recreation programs therein, may be paid from the treasury of |
3 | the city. Council may annually appropriate, and cause to be |
4 | raised by taxation[, such tax for the purpose of maintaining and |
5 | operating recreation places. In lieu thereof, council may |
6 | annually appropriate moneys to any existing body or board, or to |
7 | a recreation board or commission, for the maintenance and |
8 | operation of recreation places.] in accordance with section |
9 | 2531(a)(4), a tax for this purpose. The funds may be |
10 | appropriated, for the purposes of this section, to any existing |
11 | body or board, or to a recreation board or commission. |
12 | Section 319. The act is amended by adding a section to read: |
13 | Section 3709.1. City Trusts.--(a) In addition to all other |
14 | powers conferred by law, a city may receive in trust, and city |
15 | council may control for the purposes of the trust, all estate, |
16 | moneys, assets and property, real and personal, which may have |
17 | been or shall be bestowed upon it by donation, gift, legacy, |
18 | endowment, bequest, devise, conveyance or other means, for the |
19 | purpose of establishing or maintaining a public park or other |
20 | public purpose for the use and benefit of the citizens of the |
21 | city. |
22 | (b) In the event that a city trust has been or is created as |
23 | a result of any property or estate, whatsoever, having been |
24 | conveyed, bequeathed or devised or otherwise given or donated to |
25 | any city, in trust, for the purpose of establishing or |
26 | maintaining a public park or other public purpose for the use |
27 | and benefit of citizens of the city, control of the trust shall |
28 | be transferred to city council and, if necessary to carry out |
29 | the intention of this section, the court of common pleas in the |
30 | county in which a city is located may, upon petition of council, |
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1 | transfer control of the trust to city council. City council may |
2 | delegate the supervision and operation of recreation places |
3 | subject to the trust to a recreation board in accordance with |
4 | section 3703.1. Nothing in this section shall limit any power of |
5 | the court to terminate or reform a trust under existing law. |
6 | Section 320. Sections 3710, 3711, 3712, 3713, 3714, 3715, |
7 | 3716 and 3717 of the act are repealed: |
8 | [Section 3710. Leasing by City of its Parks or |
9 | Playgrounds.--Cities may enter into contracts and agreements |
10 | with any incorporated association, acting within its corporate |
11 | powers, for the use by the latter of any park or playground, |
12 | owned, leased, or occupied by said cities, for such period and |
13 | upon such terms as to maintenance, upkeep and improvement of |
14 | such ground as may be mutually agreed upon. No such contract or |
15 | agreement, however, shall permanently exclude the public of said |
16 | cities from the use and enjoyment of said parks and playgrounds. |
17 | The said cities shall at all times be invested with the power |
18 | and authority to adopt suitable rules and regulations concerning |
19 | the use and occupation of said parks and playgrounds by the |
20 | public generally, and by such incorporated associations |
21 | specially. |
22 | Section 3711. Sale of Coal Under Parks or Commons.--Council |
23 | may sell and lease, at the best price obtainable, and subject to |
24 | such conditions as it may deem necessary to impose for the |
25 | protection of the surface, the coal under any park or common |
26 | owned by and situate within the corporate limits of the city. |
27 | When any park, or common shall front on a river or other public |
28 | stream, such portion of the amount realized from the sale or |
29 | lease of such coal may be used for the erection of retaining |
30 | walls, as council shall deem necessary for the purpose. Before |
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1 | any such coal shall be sold or leased, the proposed sale shall |
2 | be advertised, in accord with the provisions of section one |
3 | hundred and nine of this act, at least once a week in three |
4 | daily papers published in the city in which said coal is |
5 | situate, if there be so many, and in any other publication, as |
6 | council may determine; and sealed bids shall be received, and |
7 | the person, copartnership, association or corporation offering |
8 | the highest and best price shall be the purchaser, but council |
9 | shall have the right to reject all bids. |
10 | Section 3712. Use of Proceeds of Sale or Lease of Coal Under |
11 | Parks.--Whenever any city shall have sold or leased the coal |
12 | underlying any public park or common within the limits of said |
13 | city, the proceeds of said sale or lease, except as hereinbefore |
14 | otherwise provided, shall be applied only as follows: First. To |
15 | the improvement, policing, and lighting of the said park or |
16 | common, or the redemption of bonds issued for the improvement of |
17 | said park or common; Second. Any surplus of the said proceeds |
18 | may then be applied and used for the purchase and improvement of |
19 | other lands, within the limits of the city or immediately |
20 | adjacent thereto, for use as recreation places, or for the |
21 | building of bridges and construction of drains and sewers, or |
22 | for such other purposes as council may determine: Provided, That |
23 | no land shall be purchased for such use with said funds unless |
24 | the ordinance authorizing the purchase shall have been passed by |
25 | the affirmative vote of four members of council. |
26 | Section 3713. Application of Coal Rentals to Payment of |
27 | Costs of Improvements; Issue of Bonds.--Whenever hereafter any |
28 | such city shall have leased the coal under any public park or |
29 | common for a rental or royalty payable in periodical |
30 | instalments, in order to provide for the payment of the cost of |
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1 | any such improvements authorized in the preceding sections, the |
2 | said city may, from time to time, issue general obligation |
3 | bonds. The issuance of any such bonds shall be in accordance |
4 | with the Municipal Borrowing Law. |
5 | Section 3714. Appointment of Directors of City Trusts.-- |
6 | Whenever any property or estate, whatsoever, has been conveyed, |
7 | bequeathed or devised to any city, in trust, for the purpose of |
8 | establishing or maintaining a public park or other public |
9 | purpose for the use and benefit of citizens of such city, the |
10 | court of common pleas of the county in which such city is |
11 | located, on petition of council of said city, shall appoint five |
12 | persons as directors of city trusts, all of whom shall be |
13 | citizens of such city, and none of whom shall hold any office or |
14 | employment thereunder, who shall exercise and discharge all the |
15 | duties and powers of said city, however acquired, concerning |
16 | such property, conveyed, bequeathed or devised to such |
17 | charitable use, to the extent that the same has been or |
18 | hereafter may be, by statute or otherwise, vested in or |
19 | delegated to the said city or the officers thereof. The |
20 | directors of city trusts may delegate the supervision and |
21 | operation of such city trusts as are recreation places to the |
22 | authority determined by council for recreation places of the |
23 | city in accordance with section three thousand seven hundred |
24 | four of this act. |
25 | Section 3715. Term of Service; Removal; Vacancies.--The |
26 | persons so appointed shall serve as members of the board of |
27 | directors of city trusts during good behavior, subject, however, |
28 | to removal by the court of common pleas for dereliction or |
29 | neglect of duty, or for any other cause deemed by the said court |
30 | to be important for the conservation or administration of the |
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1 | said trust thus imposed upon them. |
2 | All vacancies shall be, from time to time, filled by the said |
3 | court, on petition of the council, of said city, or any of its |
4 | citizens. |
5 | Section 3716. Duties of Directors.--The said directors of |
6 | trust shall carefully invest and preserve the trust funds; make |
7 | such rules and by-laws for the proper regulation of their |
8 | business not inconsistent with the terms annexed to any |
9 | conveyance, bequest or devise in any deed or last will and |
10 | testament of any decedent; appoint and employ as many agents and |
11 | employes as, in their judgment, shall be necessary for the |
12 | proper discharge of the said trust or trusts; and, in the name |
13 | and in accordance with the conditions of said trusts, do any and |
14 | all things requisite for the proper administration and |
15 | management of the property under their control. |
16 | Section 3717. Directors to be Agents of City; to Have no |
17 | Interest in Contracts.--The said directors, in the discharge of |
18 | their duties and within the scope of their powers, shall be |
19 | considered agents or officers of the city, but no compensation |
20 | or emolument whatever shall be received by them for any services |
21 | performed relating to the said trusts, nor shall any of them |
22 | have or acquire any personal interests in any contract whatever |
23 | made through them or their agents or employes.] |
24 | Section 321. Section 3718 of the act is amended to read: |
25 | Section 3718. [Appointment of Park Guards.--] Park |
26 | Rangers.--(a) The council of every city shall have power, under |
27 | the provisions of this article, to provide, by ordinance, for |
28 | the selection and employment of such number of persons as [they |
29 | deem necessary to act as park guards] are deemed necessary to |
30 | act as park rangers, fix their compensation and duties, and |
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1 | provide for their [uniforming] uniforms. |
2 | (b) To the extent authorized by 53 Pa.C.S. Ch. 21 Subch. D |
3 | (relating to municipal police education and training), persons |
4 | appointed as park rangers, under any ordinance passed pursuant |
5 | to the provisions of subsection (a), shall have, in the parks |
6 | and playgrounds and other public places in the cities, and |
7 | beyond the limits of the cities when the cities have acquired |
8 | lands, properties and buildings for park and playground or other |
9 | public purposes, the same power, in preserving the peace, |
10 | maintaining order, and making arrests, as police officers have |
11 | in the cities. |
12 | (c) For purposes of the act of June 28, 1935 (P.L.477, |
13 | No.193), referred to as the Enforcement Officer Disability |
14 | Benefits Law (Heart and Lung Act), the term "park ranger," as |
15 | used herein, shall mean a park guard. |
16 | (d) Park rangers shall be under the supervision, control and |
17 | direction of the director of the Department of Parks and Public |
18 | Property, or, if none exists, any other department as council |
19 | directs. |
20 | Section 322. Sections 3719, 3720 and 3721, Article XXXVIII |
21 | and subdivision (a) headings and section 3801 of the act are |
22 | repealed: |
23 | [Section 3719. Powers of Park Guards.--Persons appointed as |
24 | park guards, under any ordinance passed pursuant to the |
25 | provisions of the preceding section, shall have, in the parks |
26 | and playgrounds and other public places in such cities, and |
27 | beyond the limits of such cities when such cities have acquired |
28 | such lands, properties and buildings for park and playground or |
29 | other public purposes, the same power, in preserving the peace, |
30 | maintaining order, and making arrests, as policemen have in such |
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1 | cities. |
2 | Section 3720. Control of Park Guards.--Such park guards |
3 | shall be under the supervision, control, and direction of the |
4 | director of the Department of Parks and Public Property. |
5 | Section 3721. Sale of Unused and Unnecessary Land and |
6 | Buildings.--The council of each city is hereby vested with the |
7 | necessary power and authority to sell unused and unnecessary |
8 | lands and buildings that have been dedicated to park purposes by |
9 | public auction, upon sealed bids, or at private sale with |
10 | approval of the court of common pleas; Provided, nevertheless, |
11 | That before any such sale is made council shall advertise said |
12 | proposed sale twice in at least one newspaper in accordance with |
13 | section one hundred and nine of this act. |
14 | ARTICLE XXXVIII |
15 | SHADE TREES AND FORESTS |
16 | (a) Shade Trees |
17 | Section 3801. Shade Tree Commission.--Any city may, by |
18 | ordinance, create a commission to be known as the Shade Tree |
19 | Commission of such city; but in cities where the council of said |
20 | city shall not elect to create by ordinance such Shade Tree |
21 | Commission, the said council may exercise all the rights and |
22 | perform the duties and obligations imposed by this article upon |
23 | the Shade Tree Commission.] |
24 | Section 323. Section 3802 of the act, amended November 2, |
25 | 1975 (P.L.459, No.128), is repealed: |
26 | [Section 3802. Composition of Commission.--The commission, |
27 | if ordained, shall be composed of not less than three nor more |
28 | than seven residents of the city, who shall be appointed by the |
29 | mayor, and shall serve without compensation. |
30 | One commissioner shall serve for a term of three years, one |
|
1 | for a term of four years, and one for a term of five years on |
2 | commissions of only three residents. Where the commission |
3 | consists of more than three members, the time sequence provided |
4 | for a three member commission shall be repeated. |
5 | On the expiration of the term of any commissioner, a |
6 | successor shall be appointed by the mayor to serve for a term of |
7 | five years. |
8 | Vacancies in the office of commissioner shall be filled by |
9 | the mayor for the unexpired term. |
10 | Should the governing body determine to increase the |
11 | membership of an already existing commission, the additional |
12 | members shall be appointed as provided in this section. If, at |
13 | any time, after increasing the membership of the commission the |
14 | governing body should determine to reduce the number of members |
15 | on the commission, such reduction shall be effectuated by |
16 | allowing the terms to expire and by making no new appointments |
17 | to fill the vacancy. Any increase or reduction in members shall |
18 | be by ordinance.] |
19 | Section 324. Sections 3803, 3804, 3805 and 3806 of the act |
20 | are repealed: |
21 | [Section 3803. Powers May Be Vested in Park Commission.-- |
22 | Whenever in any city there exists a commission for the care of |
23 | public parks, the council may also, by ordinance, provide that |
24 | the park commission shall have all the powers and be subject to |
25 | all the duties prescribed by this article for the Shade Tree |
26 | Commission. |
27 | Section 3804. Powers of Commission.--The commission shall |
28 | have exclusive custody and control of the shade trees of the |
29 | city, and may plant, remove, maintain, and protect shade trees |
30 | on the streets and sidewalks in the city. The commission may |
|
1 | require the planting and replanting of shade trees along the |
2 | streets and sidewalks of the city, as council may direct. The |
3 | kind of tree and the alignment and locations of the trees shall |
4 | be determined by the commission or as council may direct, but |
5 | shall not prevent necessary or reasonable use of streets, |
6 | sidewalks, abutting property, or the conduct of business. |
7 | The commission may, with the approval of council, either |
8 | employ and pay superintendents, engineers, foresters, tree- |
9 | wardens, or other assistants, or may contract for personal and |
10 | professional services, for the proper performance of the duties |
11 | devolving upon it, and may make, publish, and enforce |
12 | regulations for the care and protection of the shade trees of |
13 | the city. No such regulation shall be in force until it has been |
14 | approved by the council, and until it has been published at |
15 | least twice in not more than two newspapers of the city. |
16 | Section 3805. Report of Commission.--The shade tree |
17 | commission shall annually report in full to the council, at |
18 | council's first stated meeting in October, of its transactions |
19 | and expenses for the last fiscal year of the city. The park |
20 | commission in cities wherein the park commission is authorized |
21 | to act as the shade tree commission, may incorporate such |
22 | transactions and expenses as a separate part of its regular |
23 | report to council. |
24 | Section 3806. Notices by Commission.--Whenever any shade |
25 | tree commission, or park commission, acting as a shade tree |
26 | commission, proposes to plant, transplant, or remove shade trees |
27 | on any street or sidewalk, notice of the time and place of the |
28 | meeting at which such work is to be considered shall be given in |
29 | not more than two newspapers published in the city, once a week |
30 | for two weeks immediately preceding the time of the meeting, in |
|
1 | accord with the provisions of section one hundred and nine of |
2 | this act. The notice shall specify in detail the streets or |
3 | sidewalks or portions thereof upon which trees are proposed to |
4 | be so planted, replanted, or removed.] |
5 | Section 325. Section 3807 of the act, amended August 21, |
6 | 1953 (P.L.1292, No.364), is repealed: |
7 | [Section 3807. Payment by Owners.--The cost of furnishing, |
8 | planting, transplanting, or removing any shade trees in or along |
9 | the streets of the city, of the necessary and suitable guards, |
10 | curbing, or grading for the protection thereof, and of the |
11 | replacing of any pavement or sidewalk necessarily disturbed in |
12 | the execution of such work, shall be paid by the owner of the |
13 | real estate in front of whose property the work is done, except |
14 | that part of such cost may be certified by the commission to |
15 | council and to the city treasurer as a charge to be paid by the |
16 | city. |
17 | The amount each owner is to pay shall be ascertained and |
18 | certified by the commission to council and to the city |
19 | treasurer.] |
20 | Section 326. Sections 3808, 3809 and 3810, Article XXXVIII |
21 | subdivision (b) heading, sections 3820 and 3821, subdivision (c) |
22 | heading and sections 3830, 3831, 3832, 3833, 3834, 3835 and 3836 |
23 | of the act are repealed: |
24 | [Section 3808. Assessments; Liens.--Upon the filing of the |
25 | certificate with the council, the city clerk shall cause thirty |
26 | days' written notice to be given by mail to the persons against |
27 | whose property an assessment has been made. The notice shall |
28 | state the amount of the assessment, and the time and place of |
29 | payment, and shall be accompanied with a copy of the |
30 | certificate. The expense of the notice shall be paid by the |
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1 | city. |
2 | The amount assessed against the real estate shall be a lien |
3 | from the time of the filing of the certificate with the council, |
4 | and, if not paid within the time designated in the notice, a |
5 | claim may be filed and collected in the same manner as municipal |
6 | claims are filed and collected. |
7 | Section 3809. Maintenance by City; Tax Levy.--The cost and |
8 | expenses of caring for such trees after they have been planted |
9 | shall be paid by the city. |
10 | The needed amount shall each year be certified by the |
11 | commissioners to council in time for inclusion in the proposed |
12 | budget ordinance, and the funds provided by council shall be |
13 | drawn against, as required by the commission, in the same manner |
14 | as money appropriated for city purposes. |
15 | The city council may levy a special tax, not to exceed the |
16 | sum of one-tenth of one mill on the dollar on the assessed |
17 | valuation of the property in said city, for the purpose of |
18 | defraying the cost and expenses of caring for such shade trees |
19 | and the administrative expenses connected therewith, or it may |
20 | provide for such expenses by appropriations. |
21 | Section 3810. Penalties.--The commission, to the extent as |
22 | may be provided by ordinance of council, may assess penalties |
23 | for the violation of its regulations and of this article so far |
24 | as it relates to shade trees. Any penalty so assessed shall be a |
25 | lien upon the real estate of the offender and may be collected |
26 | as municipal claims are collected. |
27 | All penalties or assessments imposed under this article shall |
28 | be paid to the city treasurer, to be placed to the credit of the |
29 | commission, subject to be drawn upon by the commission for the |
30 | purposes authorized in this article. |
|
1 | (b) Memorial Trees |
2 | Section 3820. Memorial Trees.--Council may provide for or |
3 | authorize provision for memorial trees for residents of the city |
4 | who died while in the military service of the United States or |
5 | in consequence thereof. Council may make appropriations or |
6 | accept contributions for this purpose. Such trees shall bear |
7 | some permanent indication of their purpose. |
8 | Section 3821. Penalty for Injury to Memorial Trees.--Any |
9 | person wilfully, maliciously, or negligently destroying or |
10 | injuring any trees planted pursuant to the provisions of this |
11 | subdivision (b) shall be guilty of a misdemeanor, and upon |
12 | conviction, shall be liable to a fine not exceeding five hundred |
13 | dollars, or imprisonment not exceeding three months, or both, in |
14 | the discretion of the court. |
15 | (c) Forests |
16 | Section 3830. Acquisition of Land for Forest Purposes.-- |
17 | Cities may acquire, by purchase, gift, or lease, and hold tracts |
18 | of land covered with forest or tree growth or suitable for the |
19 | growth of trees, and administer the same, under the direction of |
20 | the Department of Forests and Waters, in accordance with the |
21 | practices and principles of scientific forestry, for the benefit |
22 | of the city. Such tracts may be of any size suitable for the |
23 | purpose and may be located within or without the city limits. |
24 | Section 3831. Approval of Department of Forests and |
25 | Waters.--Before the passage of any ordinance for the acquisition |
26 | of land to be used as municipal forests, the mayor shall submit |
27 | to the Department of Forests and Waters and secure its approval |
28 | of the area and location of such land. |
29 | Section 3832. Ordinance Declaring Intention.--Whenever the |
30 | council deems it expedient to acquire any lands for the purposes |
|
1 | of municipal forests, it shall so declare in an ordinance |
2 | wherein shall be set forth all facts and conditions relating to |
3 | the proposed action. |
4 | Section 3833. Appropriations of Money.--All money necessary |
5 | for the purchase of such tracts shall be appropriated in the |
6 | same manner as appropriations for city purposes, and such funds |
7 | may be provided from the current revenue or by the proceeds of a |
8 | sale of general obligation bonds in accordance with the |
9 | Municipal Borrowing Law. |
10 | Section 3834. Rules and Regulations.--Upon the acquisition |
11 | of any municipal forests or lands suitable for such, the council |
12 | shall notify the Department of Forests and Waters, which shall |
13 | make such rules for the government and proper administration of |
14 | the same as may be necessary. The council shall publish such |
15 | rules, declare the uses of the forest in accordance with the |
16 | intent of this subdivision (c) of this article, and make such |
17 | provisions for its administration, maintenance, protection and |
18 | development as shall be deemed necessary or expedient. The rules |
19 | governing the administration of such forests shall have for |
20 | their main purpose the producing of a continuing city revenue by |
21 | the sale of forest products. |
22 | Section 3835. Appropriations and Revenues.--All moneys |
23 | necessary to be expended for the administration, maintenance, |
24 | protection, and development of such forests shall be |
25 | appropriated and applied as is now done for city purposes. All |
26 | revenue and emoluments arising from such forests shall be paid |
27 | into the city treasury to be used for general city purposes. |
28 | Section 3836. Use of Forests.--Municipal forests may be used |
29 | by the public as general outing or recreation grounds subject to |
30 | the rules governing their administration as municipal forests.] |
|
1 | Section 327. Section 3837 of the act, amended May 21, 1956 |
2 | (1955 P.L.1639, No.548), is repealed: |
3 | [Section 3837. Ordinance of Sale; Exceptions.--Whenever the |
4 | council deems it expedient to sell any municipal forest, or part |
5 | thereof, it shall so declare in an ordinance wherein shall be |
6 | set forth all the facts and conditions relating to the proposed |
7 | action, which proposed ordinance shall be advertised once a week |
8 | for three weeks prior to its passage. No ordinance shall be |
9 | effective in legalizing such sale until it has been approved by |
10 | a majority vote of the people at the next ensuing general, |
11 | municipal or primary election: Provided, however, That the |
12 | provisions of this section shall apply only to lands acquired |
13 | for municipal forests as such, and shall not limit the power of |
14 | cities or water authorities to acquire, sell, exchange, lease, |
15 | transfer, manage or maintain lands required for the |
16 | conservation, development, utilization and disposal of water or |
17 | watersheds: And provided further, That cities or water |
18 | authorities may enter into agreements with the Department of |
19 | Forests and Waters providing for such conservation, development, |
20 | utilization and disposal of water or watersheds. |
21 | Section 328. Section 3838, Article XXXIX heading and section |
22 | 3901 of the act are repealed: |
23 | [Section 3838. Appropriation for Forest Work.--Cities may |
24 | appropriate moneys to any forest protection association |
25 | cooperating in forest work with the State Department of Forests |
26 | and Waters, or to be expended in direct cooperation with said |
27 | department in forest work. |
28 | ARTICLE XXXIX |
29 | WHARVES AND DOCKS |
30 | Section 3901. Power to Erect and Maintain Wharves; |
|
1 | Regulation; Charges.--Cities may erect and maintain wharves in |
2 | navigable waters within or adjacent to the city, regulate the |
3 | use thereof, fix and collect wharfage, for all public wharves, |
4 | and docks within their limits in accordance with a regular |
5 | schedule of charges, establish wharf and dock lines, and |
6 | construct and maintain docks, retaining walls, dams and |
7 | embankments. They may regulate the anchoring of all manners of |
8 | vessels within their limits and the depositing of freight on |
9 | public wharves and docks. Cities may, pursuant to ordinance, |
10 | purchase or condemn such land or other property as they may need |
11 | for the purposes of wharves and docks.] |
12 | Section 329. Section 3902 of the act, amended July 1, 1959 |
13 | (P.L.501, No.127), is repealed: |
14 | [Section 3902. Erection of Market-Houses and Railway Tracks |
15 | on Wharves; Charges; Licenses.--Cities may erect and maintain |
16 | market-houses and terminal sheds or stations on their wharves, |
17 | for the receipt and distribution of freight, express, and cargo; |
18 | construct railroad and street railway tracks or other facilities |
19 | on said wharves to provide for the convenient handling of such |
20 | freight or express or cargo; and collect rents, tolls, or |
21 | charges for the use of such market-houses, terminal stations, |
22 | tracks, wharves and other facilities. Cities may enter into |
23 | contracts and agreements with any person for the use by such |
24 | person of any tracks, terminal stations, wharves or other |
25 | facilities, for such period and upon such terms as to |
26 | maintenance, upkeep and improvements, as may be mutually agreed |
27 | upon. Such cities shall, at all times, be invested with the |
28 | power and authority to adopt suitable rules and regulations |
29 | concerning the use and occupation of the tracks, terminal |
30 | stations, wharves or other facilities, by such persons and by |
|
1 | the public. No such contract or agreement shall permanently |
2 | exclude the public of said cities from the use and enjoyment of |
3 | said tracks, terminal stations, wharves or other facilities, nor |
4 | shall any exclusive lease be granted for a term exceeding |
5 | twenty-five years. |
6 | No structure so erected, and no right granted under the |
7 | powers herein conferred, shall interfere with the general public |
8 | use of wharves for water-borne commerce.] |
9 | Section 330. Sections 3903, 3904 and 3905 and Article XL |
10 | heading of the act are repealed: |
11 | [Section 3903. Use of Unnecessary Wharves or Landings for |
12 | Other Municipal Purposes.--Whenever any city, by ordinance, |
13 | declares that any public landing, or public wharf, or part |
14 | thereof, fronting on any navigable water and lying within its |
15 | limits, has become unnecessary for use for public landing or |
16 | public wharf purposes, the city make take, enter upon, and |
17 | occupy for use for any other public purposes whatsoever, the |
18 | public landing, or public wharf, or part thereof, so found |
19 | unnecessary for such purposes, any limitation of use thereof by |
20 | the municipality arising from donation, dedication, |
21 | appropriation, statute, or otherwise, to the contrary |
22 | notwithstanding. |
23 | Section 3904. Appropriation of Wharves and Landings for |
24 | General Purposes.--Cities are vested with the right of eminent |
25 | domain for the purpose of appropriating, for such general public |
26 | uses, all such public landings or public wharves, or parts |
27 | thereof, so found unnecessary for such purposes, together with |
28 | any easements, property and property rights connected therewith. |
29 | Section 3905. Assessment of Damages.--All damages arising |
30 | from the exercise of the power of eminent domain hereunder shall |
|
1 | be ascertained and awarded in the manner provided by this act |
2 | for property taken, injured or destroyed. |
3 | ARTICLE XL |
4 | CITY PLANNING] |
5 | Section 331. Article XLI heading of the act, amended July |
6 | 29, 1971 (P.L.250, No.61), is repealed: |
7 | [ARTICLE XLI |
8 | ZONING, BUILDING, HOUSING, FIRE PREVENTION, PLUMBING |
9 | AND ELECTRICAL ORDINANCES, AND PUBLIC NUISANCES] |
10 | Section 332. Article XLI subdivision (a), (b) and (c) |
11 | headings of the act are repealed: |
12 | [(a) The Zoning Ordinances |
13 | (b) Procedure for Adoption of Zoning Ordinance |
14 | (c) Board of Adjustment] |
15 | Section 333. Article XLI subdivision (d) heading and |
16 | sections 4130, 4131, 4131.1, 4132 and 4133 of the act, amended |
17 | or added December 21, 1998 (P.L.1013, No.135), are repealed: |
18 | [(d) Building, Housing, Property Maintenance, |
19 | Fire Prevention, Plumbing and Electrical Ordinances |
20 | Section 4130. Building Ordinance, Housing Ordinance, |
21 | Property Maintenance Ordinance, Fire Prevention Ordinance, |
22 | Electrical Ordinance and Plumbing Ordinance.--Each city may |
23 | enact a building ordinance, a housing ordinance, a property |
24 | maintenance ordinance, a fire prevention ordinance, an |
25 | electrical ordinance, and a plumbing ordinance, which may |
26 | provide for the following matters: |
27 | (a) A system of specifications and regulations to insure the |
28 | structural safety and the incombustibility of buildings and |
29 | housing constructed, reconstructed, altered, enlarged, repaired |
30 | or maintained within the city. |
|
1 | (b) A system of specifications and regulations for the |
2 | setting out, construction, alteration, repair, maintenance, |
3 | occupation, sanitation, ventilation, lighting, electric wiring, |
4 | water supply, toilet facilities, drainage, plumbing, use and |
5 | inspection of all buildings and housing or parts of buildings |
6 | and housing, and the walls and foundations thereof, constructed, |
7 | erected, altered, designated, or used, in whole or in part, for |
8 | human habitation, and for the sanitation and inspection of land |
9 | appurtenant thereto. |
10 | Section 4131. Form of Building Ordinance, Housing Ordinance, |
11 | Property Maintenance Ordinance, Fire Prevention Ordinance, and |
12 | Plumbing Ordinance; Passage.--The building ordinance, the |
13 | housing ordinance, the property maintenance ordinance, the fire |
14 | prevention ordinance, the electrical ordinance and the plumbing |
15 | ordinance may adopt any standard or nationally recognized |
16 | building code, any standard or nationally recognized housing |
17 | code, any standard or nationally recognized property maintenance |
18 | code, any standard or nationally recognized fire prevention |
19 | code, any standard or nationally recognized electrical code, or |
20 | any standard or nationally recognized plumbing code, or any |
21 | variations or changes or parts thereof, published and printed in |
22 | book form, covering any or all of the above items, without |
23 | incorporating such code in the ordinance, or any city may enact |
24 | any such building code, housing code, property maintenance code, |
25 | fire prevention code, electrical code, or plumbing code, or any |
26 | changes or variations or parts thereof, as its building |
27 | ordinance, as its housing ordinance, as its property maintenance |
28 | ordinance, as its fire prevention code, as its electrical code |
29 | or as its plumbing code. In either event, the building ordinance |
30 | or code, the housing ordinance or code, the property maintenance |
|
1 | ordinance or code, the fire prevention ordinance or code, the |
2 | electrical ordinance or code, and the plumbing ordinance or |
3 | code, or any changes or variations or parts thereof, need not be |
4 | advertised after passage, but notice of its consideration, in |
5 | reasonable detail shall be published as required by section one |
6 | thousand fourteen of this act. Not less than three copies of the |
7 | building ordinance, the housing ordinance, the property |
8 | maintenance ordinance, the fire prevention ordinance, the |
9 | electrical ordinance or the plumbing ordinance adopted by |
10 | council shall be made available to public inspection and use |
11 | during business hours for at least three months after its |
12 | adoption. The procedure herein set forth relating to the |
13 | adoption of such building ordinances, housing ordinances, |
14 | property maintenance ordinances, fire prevention ordinances, |
15 | electrical ordinances and plumbing ordinances may likewise be |
16 | adopted in amending, supplementing or repealing any of the |
17 | provisions of such ordinances. |
18 | Section 4131.1. Penalties.--(a) Except as provided for in |
19 | subsection (b), the building ordinance, the housing ordinance, |
20 | the property maintenance ordinance, the fire prevention |
21 | ordinance, the electrical ordinance and the plumbing ordinance |
22 | may provide penalties of fine not exceeding one per month on a |
23 | property and limited to no more than one thousand dollars for |
24 | the first two continual and uncorrected violations of the same |
25 | subsection of such ordinance on the same property and not |
26 | exceeding five thousand dollars for the third and any subsequent |
27 | continual and uncorrected violation of the same subsection of |
28 | such ordinance on the same property. |
29 | (b) If a violation of the building ordinance, the housing |
30 | ordinance, the property maintenance ordinance, the fire |
|
1 | prevention ordinance, the electrical ordinance or the plumbing |
2 | ordinance is found to pose a threat to the public's health, |
3 | safety or property, then penalties of fine may be provided for |
4 | as follows: |
5 | (i) not exceeding one citation per five calendar days for a |
6 | continual and uncorrected violation of the same subsection of |
7 | such ordinance on the same property; |
8 | (ii) limited to no less than five hundred dollars and no |
9 | more than one thousand dollars for the first two continual and |
10 | uncorrected violations of the same subsection of such ordinance |
11 | on the same property and no less than one thousand dollars and |
12 | not exceeding ten thousand dollars for the third and any |
13 | subsequent continual and uncorrected violation of the same |
14 | subsection of such ordinance on the same property, or |
15 | imprisonment for any term not exceeding ninety days, or both. |
16 | (c) For violations of any ordinance not specified in |
17 | subsection (a) or (b), a penalty may be imposed on any person |
18 | who violated such ordinance which shall include a fine of not |
19 | more than one thousand dollars, or a term of imprisonment of not |
20 | more than ninety days, or both. |
21 | Section 4132. Building Inspectors, Housing Inspectors, |
22 | Property Maintenance Inspectors, Fire Prevention Inspectors, |
23 | Electrical Inspectors, and Plumbing Inspectors.--Council may |
24 | appoint building inspectors, housing inspectors, property |
25 | maintenance inspectors, fire prevention inspectors, electrical |
26 | inspectors and plumbing inspectors and fix their compensation. |
27 | Such inspectors shall have the right to enter upon and inspect |
28 | any and all premises at all reasonable hours for the |
29 | administration and enforcement of the building ordinance, the |
30 | housing ordinance, the property maintenance ordinance, the fire |
|
1 | prevention ordinance, the electrical ordinance and the plumbing |
2 | ordinance. Any fees payable to them under the building |
3 | ordinance, the housing ordinance, the property maintenance |
4 | ordinance, the fire prevention ordinance, the electrical |
5 | ordinance and the plumbing ordinance shall be paid by them to |
6 | the city treasurer for the use of the city as promptly as may |
7 | be. |
8 | Section 4133. Actions to Restrain Violations.--The city may, |
9 | in addition to the penalties provided by its building ordinance, |
10 | its housing ordinance, its property maintenance ordinance, its |
11 | fire prevention ordinance, its electrical ordinance and its |
12 | plumbing ordinance, bring actions at law or in equity to prevent |
13 | or restrain, correct or abate any violations of its building |
14 | ordinance, its housing ordinance, its property maintenance |
15 | ordinance, its fire prevention ordinance, its electrical |
16 | ordinance and its plumbing ordinance.] |
17 | Section 334. Article XLI subdivision (e) heading and |
18 | sections 4140, 4141, 4142 and 4143 of the act are repealed: |
19 | [(e) Abatement of Public Nuisances |
20 | Section 4140. Petition for Removal of Public Nuisances; |
21 | Viewers; Vacating Public Alleys, Lanes or Passageways, Declared |
22 | Public Nuisances by Board of Health.--The council of any city |
23 | may, by resolution, authorize and empower the mayor of such city |
24 | to present a petition to the court of common pleas, setting |
25 | forth that any property, building, premises, business or |
26 | occupation, specifying the same fully and describing the same |
27 | accurately, located within said city has become a public |
28 | nuisance, injurious or dangerous to the community and to the |
29 | public health. Upon the presentation and hearing of such |
30 | petition, if the nuisance complained of be not a public |
|
1 | nuisance, per se, then the court may appoint three viewers, from |
2 | the county board of viewers, to go upon the premises where said |
3 | nuisance is alleged to exist--at a time to be fixed in the order |
4 | appointing the same, of which time due notice shall be given to |
5 | all persons affected, which shall be not less than twenty nor |
6 | more than thirty days from the date of the order making such |
7 | appointment--and shall thereupon, being first duly sworn, view |
8 | the property, premises, building, business or occupation, shall |
9 | hear the parties, their witnesses and counsel, and shall make |
10 | due report thereof to the court appointing them. In any case |
11 | where the board of health shall have declared any public alley, |
12 | lane or passageway or a part thereof to be a public nuisance, |
13 | any two or more owners of property adjacent or abutting thereof |
14 | may petition council that such public alley, lane or passageway |
15 | or part thereof be vacated in accordance with the procedure |
16 | provided in this subdivision for the abatement of public |
17 | nuisances; except that the viewers shall not question the |
18 | finding of the board of health, but shall determine whether or |
19 | not the said alley, lane or passageway or part thereof should be |
20 | vacated. Council may, with or without the aforesaid petition, |
21 | proceed for the vacating of any such public alley, lane or |
22 | passageway or part thereof, except that in no case shall any |
23 | such alley, lane or passageway be vacated in such a way or to |
24 | such an extent as to deprive any lot abutting thereon of its |
25 | sole means of ingress and egress; nor shall any alley, lane or |
26 | passageway created by grant or contract and not therefore |
27 | accepted by the public be vacated. |
28 | Section 4141. Power to Viewers.--The viewers, appointed as |
29 | aforesaid, may: |
30 | First. Determine whether or not the property, premises, |
|
1 | building, business or occupation is a public nuisance, and, if |
2 | they shall find it is such a nuisance, shall so return in their |
3 | award; and |
4 | Second. Find what, if any, compensation shall be paid by the |
5 | said city to the owner or owners of said property, premises, |
6 | building, business or occupation for the abatement of the same, |
7 | and if the findings of the said viewers be in favor of the said |
8 | city and direct the abatement of said nuisance, then judgment |
9 | shall be entered upon their award within thirty days after the |
10 | same is filed, unless the said award be appealed from or |
11 | exceptions thereto be filed within thirty days. No execution or |
12 | other process for the collection of any sum of money awarded to |
13 | any person or persons, corporation or corporations, as |
14 | compensation for the abatement of any such nuisance, shall issue |
15 | until the said nuisance has been fully and completely abated, |
16 | and return thereof made to the court. |
17 | Section 4142. Appeals.--Any of the parties interested in any |
18 | proceedings provided by the preceding two sections may appeal to |
19 | the court of common pleas within thirty days from the date of |
20 | filing an award; such appeal to be in the same form as now |
21 | governs appeals from the awards of viewers appointed pursuant to |
22 | this act to assess damages for property taken, injured or |
23 | destroyed, the party appealing to pay the costs incurred and to |
24 | give bond, with one surety, for the payment of all costs which |
25 | may thereafter be incurred. Upon such appeal being perfected, |
26 | the court shall frame an issue, which issue shall be placed at |
27 | the head of the next trial list then open, and shall be tried by |
28 | the court and jury in the same manner as feigned issues are now |
29 | tried. Upon such trial the jury shall have power to find the |
30 | same facts as are provided may be found by the viewers. If the |
|
1 | jury shall find in favor of the city and award any compensation |
2 | to the owner or owners of said property, premises, buildings, |
3 | business or occupation, judgment shall be entered upon the |
4 | verdict. No execution or other process for the collection of |
5 | such judgment shall issue until the nuisance complained of shall |
6 | have been fully and completely abated, and return thereof made |
7 | to the court; upon which the court shall have the power to award |
8 | execution or other process necessary to enforce the collection |
9 | of the judgment. |
10 | Section 4143. Abatement of Public Nuisance after Award of |
11 | Viewers.--Whenever the award of viewers, or the verdict of a |
12 | jury, shall find that a public nuisance exists, and the owner or |
13 | owners of any property, premises, building, business or |
14 | occupation causing the same shall fail to abate the same within |
15 | sixty days from the date of the judgment, the authorities of |
16 | said city shall have full power and authority to enter upon said |
17 | property, premises or building where said nuisance exists and |
18 | abate the same, and shall not be liable in any form of action |
19 | for so doing. The cost and expense of abating the same shall be |
20 | deducted from any compensation awarded in said proceedings.] |
21 | Section 335. The act is amended by adding an article to |
22 | read: |
23 | ARTICLE XLI-A |
24 | UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE, |
25 | AND RESERVED POWERS |
26 | Section 4101-A. Primacy of Certain Codes.--(a) The |
27 | Pennsylvania Construction Code Act and the Uniform Construction |
28 | Code adopted under section 301 of the Pennsylvania Construction |
29 | Code Act shall apply to the construction, alteration, repair and |
30 | occupancy of all buildings and structures within a city that are |
|
1 | used or intended for supporting or sheltering any occupancy. |
2 | (b) This article and any ordinance, rule, or regulation |
3 | adopted pursuant to this article shall not supersede or abrogate |
4 | the Pennsylvania Construction Code Act or the Uniform |
5 | Construction Code and shall be construed and read in pari |
6 | materia with them. |
7 | Section 4102-A. Changes in Uniform Construction Code.--A |
8 | city may propose and enact an ordinance to equal or exceed the |
9 | minimum requirements of the Uniform Construction Code in |
10 | accordance with section 503 of the Pennsylvania Construction |
11 | Code Act. |
12 | Section 4103-A. Public Nuisance.--Any building, housing or |
13 | property, or part thereof erected, altered, extended, |
14 | reconstructed, removed or maintained, contrary to any of the |
15 | provisions of any ordinance enacted for any of the purposes |
16 | specified in this article may be reported, in accordance with |
17 | Article XXVII-A, to the department designated to determine |
18 | whether a public nuisance exists and, if a public nuisance is |
19 | determined to exist, it may be abated in accordance with that |
20 | article. |
21 | Section 4104-A. Property Maintenance Code.--(a) |
22 | Notwithstanding the primacy of the Uniform Construction Code, a |
23 | city may enact a property maintenance ordinance, including any |
24 | standard or nationally recognized property maintenance code or |
25 | any changes or variations or parts thereof, and it may, by |
26 | reference, in accordance with section 1018.13, incorporate any |
27 | standard or nationally recognized property maintenance code, or |
28 | any variations or changes or parts thereof, published and |
29 | printed in book form, without setting forth the text of the code |
30 | in the ordinance. |
|
1 | (b) The full text of the property maintenance code need not |
2 | be published but, in accordance with section 1018.9, it shall be |
3 | sufficient to publish the title of the ordinance and a reference |
4 | to a place within the city where copies of the proposed |
5 | ordinance may be examined. Not fewer than three copies of the |
6 | proposed property maintenance code, or portion thereof, or |
7 | amendment thereto shall be made available to public inspection |
8 | and use during business hours or a copy may be made available to |
9 | any interested party at the cost thereof, or may be furnished or |
10 | loaned without charge. |
11 | (c) A property maintenance code ordinance may provide for |
12 | fines and penalties not exceeding one thousand dollars or |
13 | imprisonment for any term not exceeding ninety days, or both, |
14 | for violations thereof. The procedure herein set forth relating |
15 | to the enactment of such ordinances may likewise be utilized in |
16 | amending, supplementing or repealing any of the provisions of |
17 | such ordinances. |
18 | (d) Council may appoint property maintenance inspectors who |
19 | shall have the right to, subject to constitutional standards in |
20 | a similar manner as provided in section 2308, enter upon and |
21 | inspect any and all premises at all reasonable hours for the |
22 | administration and enforcement of the city's property |
23 | maintenance code or ordinance incorporating a standard or |
24 | nationally recognized property maintenance code. Any fees |
25 | payable to a property maintenance inspector under the ordinance |
26 | shall be paid by the property maintenance inspector to the city |
27 | treasurer for the use of the city as promptly as may be. |
28 | (e) In addition to the penalties provided by the property |
29 | maintenance ordinance, the city may institute appropriate |
30 | actions or proceedings at law or in equity to prevent or |
|
1 | restrain property maintenance violations. |
2 | (f) The powers of a city as provided in this section shall |
3 | be in addition to, but not limited to, the powers provided in |
4 | the act of November 26, 2008 (P.L.1672, No.135), known as the |
5 | "Abandoned and Blighted Property Conservatorship Act," and 53 |
6 | Pa.C.S. Ch. 61 (relating to neighborhood blight reclamation and |
7 | revitalization). |
8 | Section 4105-A. Reserved Powers.--(a) Nothing in this |
9 | article shall be construed as limiting or restricting the police |
10 | power that a city is authorized to exercise in conformity with |
11 | the Pennsylvania Construction Code Act and the Uniform |
12 | Construction Code. To the extent that the Uniform Construction |
13 | Code or any replacement code remains applicable to cities, the |
14 | powers set forth in subsection (b) may be exercised by cites |
15 | only to the extent that those powers are not prohibited by or |
16 | inconsistent with the Pennsylvania Construction Code Act or the |
17 | Uniform Construction Code. |
18 | (b) If, as a result of legislative action or otherwise, the |
19 | Uniform Construction Code or any replacement code is no longer |
20 | made applicable to cities, the following powers are preserved |
21 | and may be exercised by a city: |
22 | (1) A city may enact and enforce ordinances to govern and |
23 | regulate the construction, reconstruction, alteration, |
24 | extension, repair, conversion, maintenance, occupation, |
25 | sanitation, ventilation, heating, egress, lighting, electric |
26 | wiring, water supply, toilet facilities, drainage, plumbing, |
27 | fire prevention, fireproofing including prescribing limitations |
28 | wherein only buildings of noncombustible material and |
29 | fireproofed roofs are used in construction, erection, or |
30 | substantial reconstruction, use and inspection of all buildings |
|
1 | and housing or parts of buildings and housing, and the roofs, |
2 | walls and foundations thereof, and all facilities and services |
3 | in or about such buildings or housing constructed, erected, |
4 | altered, designed, or used, in whole or in part, for any use or |
5 | occupancy, and the sanitation and inspection of land appurtenant |
6 | thereto. Such codes may be combined or separately enacted or |
7 | combined with the property maintenance code. |
8 | (2) A city may require that before any work of construction, |
9 | reconstruction, alteration, extension, repair, or conversion of |
10 | any building is begun, approval of the plans and specifications |
11 | be secured. |
12 | (3) A city may incorporate any standard or nationally |
13 | recognized code, or any variations or changes or parts thereof, |
14 | published and printed in book form, without incorporating the |
15 | text of such code as provided in subdivision (a.1) of Article X. |
16 | The ordinances may provide for fines and penalties not exceeding |
17 | one thousand dollars or imprisonment for any term not exceeding |
18 | ninety days, or both, for violations thereof. The procedure |
19 | herein set forth relating to the enactment of such ordinances |
20 | may likewise be utilized in amending, supplementing or repealing |
21 | any of the provisions of ordinances that incorporate any |
22 | standard or nationally recognized code, or any variations or |
23 | changes or parts thereof. |
24 | (4) Council may appoint building inspectors, housing |
25 | inspectors, property maintenance inspectors, fire prevention |
26 | inspectors, electrical inspectors and plumbing inspectors and |
27 | fix their compensation. Such inspectors shall have the right to, |
28 | subject to constitutional standards in a similar manner as |
29 | provided in section 2308, enter upon and inspect any and all |
30 | premises at all reasonable hours for the administration and |
|
1 | enforcement of the city’s enacted codes or ordinances |
2 | incorporating standard or nationally recognized codes. Any fees |
3 | payable to an inspector under the ordinances shall be paid by |
4 | the inspector to the city treasurer for the use of the city as |
5 | promptly as may be. |
6 | (5) In addition to the penalties provided by ordinances, the |
7 | city may institute appropriate actions or proceedings at law or |
8 | in equity to prevent or restrain the unlawful construction, |
9 | reconstruction, alteration, extension, repair, conversion, |
10 | maintenance or use or occupation of property located within the |
11 | city, to restrain, correct or abate the violation and to prevent |
12 | the use or occupancy of the building, housing or structure. |
13 | Section 336. Article XLII heading of the act is reenacted to |
14 | read: |
15 | ARTICLE XLII |
16 | AERONAUTICS |
17 | Section 337. Section 4201 of the act is amended to read: |
18 | Section 4201. Power to Acquire Land for Aeronautical |
19 | Purposes; Maintenance of Municipal Airports[, Etc.--With the |
20 | approval of the Pennsylvania Aeronautics Commission, a].--A city |
21 | may establish and maintain a municipal airport and may acquire, |
22 | by lease, purchase or condemnation proceedings, subject to the |
23 | limitations in 26 Pa.C.S. § 206 (relating to extraterritorial |
24 | takings), any land lying either within or without the |
25 | territorial limits of the city, and within or without the |
26 | territorial limits of the county in which [such] the city is |
27 | located, which, in the judgment of council, may be necessary and |
28 | desirable for the purpose of establishing and maintaining |
29 | municipal airports, landing fields, aviation easements or |
30 | intermediate landing fields and other air navigation facilities. |
|
1 | Section 339. Section 4202 of the act is repealed: |
2 | [Section 4202. Proceedings for Condemnation.--The |
3 | proceedings for the condemnation of lands under the provisions |
4 | of this article, and for the assessment of damages for property |
5 | taken, injured or destroyed, shall be conducted in the manner |
6 | provided by this act in the case of property taken, injured or |
7 | destroyed. The title acquired by the city exercising the power |
8 | to condemnation shall be a title in fee-simple.] |
9 | Section 339. Sections 4203, 4204 and 4205 of the act are |
10 | amended to read: |
11 | Section 4203. Leasing of Land Acquired for Aeronautical |
12 | Purposes.--Any city acquiring land for any aeronautical purposes |
13 | may lease the same, or part thereof to any individual or |
14 | corporation desiring to use the same for [the purpose of taking |
15 | off or landing an aeroplane, or for other aeronautical purposes, |
16 | on such terms and subject to such conditions and regulations as |
17 | may be provided. Any such city may enter into a contract, in the |
18 | form of a lease, providing for the use of said land, or any part |
19 | thereof, by the Government of the United States for air mail |
20 | delivery, or other aeronautical purposes, upon nominal rental or |
21 | without consideration] aeronautical purposes. |
22 | Section 4204. Operation of Facilities Jointly.--Any city may |
23 | operate and maintain municipal airports, landing fields or |
24 | intermediate landing fields and other air navigation facilities |
25 | jointly in accordance with [any other political subdivision or |
26 | with the Pennsylvania Aeronautics Commission, upon such terms |
27 | and conditions as may be agreed upon between the council and the |
28 | corporate authorities of the other contracting party or parties] |
29 | 53 Pa.C.S. Ch.23 Subch. A (relating to intergovernmental |
30 | cooperation). |
|
1 | Section 4205. Appropriation for Support of Air Navigation |
2 | Facilities.--A city which does not own, lease, or operate |
3 | municipal airports, landing fields or intermediate landing |
4 | fields or other air navigation facilities[,] may appropriate |
5 | money for the support and maintenance of any such facilities, |
6 | situate either within or without the boundaries of the city, or |
7 | of the county or counties in which [such] the city is located. |
8 | Section 340. Article XLIII and subdivision (a) headings of |
9 | the act are reenacted to read: |
10 | ARTICLE XLIII |
11 | PENSIONS |
12 | (a) Police |
13 | Section 341. Section 4301 of the act, amended December 12, |
14 | 1994 (P.L.1033, No.140), is amended to read: |
15 | Section 4301. Police Pension Fund[; Direction of].--(a) |
16 | Cities shall establish, by ordinance, a police pension fund[, to |
17 | be]. |
18 | (b) The following shall apply to a police pension fund |
19 | established pursuant to this section: |
20 | (1) The fund shall be maintained by an equal and |
21 | proportionate monthly charge against each member of the police |
22 | force, which shall not exceed annually four per centum of the |
23 | pay of [such] the member and an additional amount not to exceed |
24 | one per centum of the pay of [such] the member to be paid by |
25 | [such] the member or the municipal corporation to provide |
26 | sufficient funds for payments required by subsection [(d) of |
27 | section 4303] (f) of section 4303 to surviving spouses even if |
28 | they remarry, or if no spouse survives or if such person |
29 | survives and subsequently dies, then to the child or children |
30 | under the age of eighteen years, of members of the police force |
|
1 | or of members retired on pension or who die in service[; which]. |
2 | (2) The fund shall at all times be under the direction and |
3 | control of council but may be committed to the custody and |
4 | management of such officers of the city or [citizens thereof, or |
5 | corporations located therein] to such other persons or entities, |
6 | as may be designated by council[, and] by ordinance. |
7 | (3) The fund shall be applied, under such regulations as |
8 | council may, by ordinance, prescribe, for the benefit of such |
9 | members of the police force as shall receive honorable discharge |
10 | therefrom by reason of age or disability, surviving spouses even |
11 | if they remarry, or if no spouse survives or if such person |
12 | survives and subsequently dies, then to the child or children |
13 | under the age of eighteen years, of members of the police force |
14 | or of members retired on pension[; but such allowances as shall |
15 | be]. |
16 | (4) Allowances made to those who are retired by reason of |
17 | the disabilities of age shall be in conformity with a uniform |
18 | scale, together with service increments as hereinafter provided. |
19 | (5) Any compensation paid to a corporate custodian of the |
20 | police pension fund shall be paid from the general fund of the |
21 | city. |
22 | Section 342. Section 4302 of the act, amended November 25, |
23 | 1970 (P.L.754, No.246), is amended to read: |
24 | Section 4302. Retirement; Final Discharge.--[Such ordinance |
25 | shall prescribe a] (a) With regard to continuous service and |
26 | minimum retirement age requirements, the ordinance establishing |
27 | the police pension fund shall prescribe as follows: |
28 | (1) A minimum period of continuous service[,] of not less |
29 | than twenty years[, and, when]. |
30 | (2) If any minimum retirement age is prescribed, a minimum |
|
1 | age of fifty years[, after which members of the force may retire |
2 | from active duty, and such members as are retired]. |
3 | (b) Retired members, if not unfit by reason of age, |
4 | disability or otherwise, shall be subject to service[, from time |
5 | to time,] as a police reserve [until unfitted for such service, |
6 | when they may be finally retired by reason of age or disability] |
7 | under terms and conditions as may be established by council. |
8 | (c) With the approval of council, any member of the police |
9 | pension fund who is a contributor and who served in the armed |
10 | forces of the United States subsequent to September 1, 1940, and |
11 | who was not a member of the police pension fund prior to such |
12 | military service, shall be entitled to have full credit for each |
13 | year or fraction thereof, not to exceed five years of such |
14 | service upon [his] the member's payment to the police pension |
15 | fund of an amount equal to that which [he] the member would have |
16 | paid had he or she been a member during the period for which [he |
17 | desires] credit is desired, and his or her payment to [such] the |
18 | fund of an additional amount as the equivalent of the |
19 | contributions of the city on account of such military service. |
20 | Section 343. Section 4302.1 of the act, added December 17, |
21 | 1990 (P.L.715, No.178), is amended to read: |
22 | Section 4302.1. Limited Vested Benefit.--(a) The ordinance |
23 | establishing a police pension fund may provide for a limited |
24 | vested benefit if such would conform to section 305 of the act |
25 | of December 18, 1984 (P.L.1005, No.205), known as the "Municipal |
26 | Pension Plan Funding Standard and Recovery Act." |
27 | (b) Under [the provisions of the benefit, should] a limited |
28 | vested benefit, a member of the police pension fund, [before |
29 | completing] who has not completed the minimum [age and minimum] |
30 | period of continuous service [requirements but after having] |
|
1 | requirement and satisfied any applicable minimum age |
2 | requirement, but who has completed twelve years of full-time |
3 | service, [the member] shall be entitled to vest his or her |
4 | retirement benefits subject to each of the following conditions: |
5 | (1) [the] The member must file with the management board of |
6 | the police pension fund a written notice of his or her intention |
7 | to vest[;]. |
8 | (2) [the] The member must include in the notice, the date |
9 | the member intends to terminate his or her service as a full- |
10 | time police officer[;]. |
11 | (3) [the] The termination date shall be at least thirty days |
12 | later than the date of notice to vest[;]. |
13 | (4) [the] The member must be in good standing with the |
14 | police department on the date of notice to vest[; and]. |
15 | (5) [the] The board shall indicate on the notice to vest the |
16 | rate of the monthly pay of the member as of the date of said |
17 | notice to vest or the highest average annual salary which the |
18 | member received during any five years of service preceding said |
19 | date, whichever is the higher. |
20 | [(b)] (c) Upon reaching the date which would have been the |
21 | member's retirement date had the member continued his or her |
22 | full-time employment with the police department, the member |
23 | shall notify the board, in writing, that the member desires to |
24 | collect his or her pension. The amount of retirement benefits |
25 | the member is entitled to receive under this section shall be |
26 | computed as follows: |
27 | (1) [the] The initial determination of the member's base |
28 | retirement benefits shall be computed on the salary indicated on |
29 | the notice to vest[; and]. |
30 | (2) [the] The portion of the base retirement benefits due |
|
1 | the member shall be determined by applying to the base amount |
2 | the percentage that his or her years of service actually |
3 | rendered bears to the years of service which would have been |
4 | rendered had the member continued to be employed by the |
5 | department until his or her minimum retirement date. |
6 | Section 344. Section 4303 of the act, amended or added |
7 | January 18, 1952 (1951 P.L.2105, No.596), October 22, 1955 |
8 | (P.L.723, No.207), November 25, 1970 (P.L.754, No.246), October |
9 | 4, 1978 (P.L.950, No.188), December 17, 1990 (P.L.715, No.178), |
10 | December 12, 1994 (P.L.1033, No.140) and June 19, 2002 (P.L.442, |
11 | No.65), is amended to read: |
12 | Section 4303. Allowances and Service Increments.--(a) |
13 | Payments for allowances shall [not] only be a charge on the |
14 | police pension fund and shall not be a charge on any other fund |
15 | under the control, or in the treasury, of the city [or under its |
16 | control save the police pension fund herein provided for]. |
17 | (b) The basis of the apportionment of the pension shall be |
18 | determined by the rate of the monthly pay of the member at the |
19 | date of injury, death, honorable discharge, vesting under |
20 | section 4302.1 or retirement, or the highest average annual |
21 | salary which the member received during any five years of |
22 | service preceding injury, death, honorable discharge, vesting |
23 | under section 4302.1 or retirement, whichever is the higher, and |
24 | except as to service increments provided for in subsection [(b) |
25 | of this section] (d), shall not in any case exceed in any year |
26 | one-half the annual pay of [such] the member computed at [such] |
27 | the monthly or average annual rate, whichever is the higher. |
28 | [(a.1)] (c) The provisions of subsection [(a)] (b) providing |
29 | that the apportionment of the pension shall not in any case |
30 | exceed in any year one-half the annual pay of [such] the member |
|
1 | computed at [such] the monthly or average annual rate, whichever |
2 | is the higher, shall not apply to a city of the third class |
3 | whether operating under an optional charter adopted in |
4 | accordance with the act of July 15, 1957 (P.L.901, No.399), |
5 | known as the "Optional Third Class City Charter Law," or under a |
6 | home rule charter adopted in accordance with 53 Pa.C.S. Pt. III |
7 | Subpt. E (relating to home rule and optional plan government), |
8 | which had in effect pension plans prior to the effective date of |
9 | this subsection that provided pensions in an amount greater than |
10 | fifty per centum of salary. |
11 | [(b)] (d) In addition to the retirement allowance which is |
12 | authorized to be paid from the police pension fund by this act, |
13 | and notwithstanding the limitations therein placed upon such |
14 | retirement allowances and upon contributions, every contributor |
15 | who shall become entitled to the retirement allowance shall also |
16 | be entitled to the payment of a "service increment" in |
17 | accordance with and subject to the conditions hereinafter set |
18 | forth. |
19 | (1) Service increment shall be the sum obtained by computing |
20 | the number of whole years after having served the minimum |
21 | required by this act during which a contributor has been |
22 | employed by [such] the city and paid out of the city treasury, |
23 | including credit for military service as provided in section |
24 | 4302, and multiplying the said number of years so computed by an |
25 | amount equal to one-fortieth of the retirement allowance which |
26 | has become payable to [such] the contributor in accordance with |
27 | the provisions of this act. In computing the service increment, |
28 | no employment after the contributor has reached the age of |
29 | sixty-five years shall be included, and no service increment |
30 | shall be paid in excess of one hundred dollars ($100.00) per |
|
1 | month. |
2 | (2) Each contributor, from and after [the effective date of |
3 | this amendment] January 1, 1952, shall pay into the retirement |
4 | fund a monthly sum in addition to his or her retirement |
5 | contribution, which shall be equal to one-half of one per centum |
6 | of his or her salary[: Provided, That such], provided, however, |
7 | that the payment shall not exceed the sum of one dollar ($1.00) |
8 | per month[: And provided, That such], and further provided that |
9 | the service increment contribution shall not be paid after a |
10 | contributor has reached the age of sixty-five years. |
11 | (3) Persons who are contributors on the effective date of |
12 | this amendment who have already reached the age of sixty-five |
13 | years shall have his or her service increment computed on the |
14 | years of employment prior to the date of reaching his or her |
15 | sixty-fifth birthday. |
16 | (4) Service increment contributions shall be paid at the |
17 | same time and in the same manner as retirement contributions, |
18 | and may be withdrawn in full, without interest, by persons who |
19 | leave the employment of [such] the city, subject to the same |
20 | conditions by which retirement contributions may be withdrawn, |
21 | or by persons who retire before becoming entitled to any service |
22 | increment. |
23 | (5) All members of the police force who are now contributors |
24 | to the retirement fund and all those employed by the city after |
25 | the effective date of this amendment, if required to become |
26 | contributors to the retirement fund, shall be subject to the |
27 | provisions of this act. |
28 | (6) After [the effective date of this clause] June 19, 2002, |
29 | a city may agree to make service increment payments in excess of |
30 | one hundred dollars ($100) per month as long as [such] the |
|
1 | payments do not exceed five hundred dollars ($500) per month, |
2 | and, in computing such service increments, no employment after |
3 | the contributor has reached the age of sixty-five years shall be |
4 | included[: Provided, That], provided that any agreement to |
5 | provide an increase in service increment payments shall include |
6 | a proportionate increase in the amount each contributor shall |
7 | pay into the retirement fund under clause (2), not to exceed |
8 | five dollars ($5) per month. |
9 | [(c)] (e) The spouse of a member of the police force or a |
10 | member who retires on pension who dies or if no spouse survives |
11 | or if such person survives and subsequently dies or remarries, |
12 | then the child or children under the age of eighteen years of a |
13 | member of the police force or a member who retires on pension |
14 | who dies on or after [the effective date of this amendment] |
15 | August 1, 1963, shall, during the lifetime of the surviving |
16 | spouse, even if the surviving spouse remarries, or until |
17 | reaching the age of eighteen years in the case of a child or |
18 | children, be entitled to receive a pension calculated at the |
19 | rate of fifty per centum of the pension the member was receiving |
20 | or would have been receiving had [he] the member been retired at |
21 | the time of his or her death and may receive the pension the |
22 | member was receiving or would have been receiving had [he] the |
23 | member been retired at the time of his or her death. |
24 | [(d)] (f) Any police officer who has less than ten years of |
25 | service and who dies or is totally disabled due to injuries or |
26 | mental incapacities not in line of duty and is unable to perform |
27 | the duties of a police officer, may be entitled to a pension of |
28 | twenty-five per centum of [his] the police officer's annual |
29 | compensation. For death or injuries received after ten years of |
30 | service the compensation may be fifty per centum of [his] the |
|
1 | police officer's annual compensation. |
2 | (g) The disability pension may be payable to the police |
3 | officer during his or her lifetime and if [he shall die] the |
4 | police officer dies, the pension payment that [he] the police |
5 | officer was receiving may be continued to be paid to his or her |
6 | spouse if [such person] the spouse survives or if [such person] |
7 | the spouse subsequently dies or remarries, then the child or |
8 | children under the age of eighteen years of the police officer. |
9 | Section 345. Section 4303.1 of the act, amended June 30, |
10 | 1969 (P.L.98, No.36), is amended to read: |
11 | Section 4303.1. Increase of Allowances After Retirement.-- |
12 | (a) Any city may, at any time, at its discretion, upon the |
13 | recommendation of the persons having custody and management of |
14 | the police pension fund, increase the allowances of persons |
15 | receiving allowances of any kind from the police pension fund by |
16 | reason of and after the termination of the services of any |
17 | member of said fund. [Such increases] |
18 | (b) Increases made pursuant to this section shall be in |
19 | conformity with a uniform scale, which may be based on the cost |
20 | of living, but the total of any such allowances shall not at any |
21 | time exceed one-half of the current salary being paid |
22 | [patrolmen] patrol persons of the highest pay grade. |
23 | Section 346. Section 4303.2 of the act, added October 3, |
24 | 1988 (P.L.735, No.104), is amended to read: |
25 | Section 4303.2. Total Disability.--(a) Notwithstanding any |
26 | provision of this act, any police officer who becomes totally |
27 | disabled due to injuries sustained in the line of duty shall be |
28 | deemed to be fully vested in the police pension fund, regardless |
29 | of the actual number of years of credited service, and shall be |
30 | eligible for immediate retirement benefits. |
|
1 | (b) Claims under this section shall be decided by the |
2 | governing body of the city. Proof of disability shall be by |
3 | competent medical evidence provided by the claimant. The |
4 | governing body of the city may at any time have the claimant |
5 | examined by its own physician. |
6 | (c) Claims under this section may be brought as the |
7 | regulations of the city council prescribe. Hearings and appeals |
8 | shall be as provided in Title 2 of the Pennsylvania Consolidated |
9 | Statutes (relating to administrative law and procedure). |
10 | (d) The pension fund shall be subrogated to the right of the |
11 | claimant to the extent of any payments made under the act of |
12 | June 2, 1915 (P.L.736, No.338), known as ["The Pennsylvania |
13 | Workmen's Compensation Act,"] the "Workers' Compensation Act," |
14 | or the act of June 28, 1935 (P.L.477, No.193), referred to as |
15 | the Enforcement Officer Disability Benefits Law. |
16 | (e) Definition.--As used in this section, "total disability" |
17 | shall mean permanent mental or physical impairment which renders |
18 | the police officer unable to perform his or her duties. |
19 | Section 347. Section 4304 of the act is amended to read: |
20 | Section 4304. Inalienable Rights in Fund.--Whenever any |
21 | person shall become entitled to receive an allowance from the |
22 | police pension fund, and shall have been admitted to participate |
23 | therein, [he] the person shall not be deprived of his or her |
24 | right to an equal and proportionate participation therein [upon] |
25 | on the basis upon which he or she first became entitled thereto. |
26 | Section 348. Section 4305 of the act, amended October 4, |
27 | 1978 (P.L.950, No.188), is amended to read: |
28 | Section 4305. Payments to Police Pension [Funds by City.-- |
29 | There] Fund by City.--Unless otherwise required by the act of |
30 | December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal |
|
1 | Pension Plan Funding Standard and Recovery Act," or by any other |
2 | provision of law, this section shall govern the payment to the |
3 | police pension fund of moneys raised by taxes levied by the |
4 | city: |
5 | (1) A city shall [be paid] pay annually to the [organization |
6 | or association, constituting and having in charge the |
7 | distribution of police pension funds in every city] police |
8 | pension fund, a sum of money sufficient to meet the requirements |
9 | of and to maintain [such police pension] the fund which sum in |
10 | no year shall be less than one-half of one per centum nor more |
11 | than three per centum of all city taxes levied by the city, |
12 | other than taxes levied to pay interest on or extinguish the |
13 | debt of the city [or any part thereof]. |
14 | (2) Council may exceed the limitations imposed by this |
15 | section if an additional amount is deemed necessary to provide |
16 | sufficient funds for payments to surviving spouses of members |
17 | retired on pension or killed or who die in the service[: |
18 | Provided, however, That], provided, however, that the city may |
19 | annually pay into [said] the fund not less than one-half of one |
20 | per centum of all city taxes levied by the city, other than |
21 | taxes levied to pay interest on or extinguish the debt of the |
22 | city [or any part thereof]. |
23 | Section 349. Sections 4306 and 4307 of the act are amended |
24 | to read: |
25 | Section 4306. [Designation of Organization to Manage Pension |
26 | Fund.--The organization, having in charge the distribution of |
27 | police pension funds, herein mentioned, shall consist only of |
28 | such as is by ordinance designated as the official and |
29 | authorized organization or association to hold, receive, and |
30 | distribute the funds of moneys for the purpose of pensioning the |
|
1 | police officers of the city.] Management of Police Pension |
2 | Fund.--Only the persons designated, in accordance with section |
3 | 4301(b)(2), shall be authorized to make decisions to hold, |
4 | receive and distribute the moneys of the police pension fund. |
5 | Section 4307. Trusts for Benefit of Police Pension Fund.-- |
6 | Any city may take, by gift, grant, devise or bequest, any money |
7 | or property, real, personal or mixed, in trust for the benefit |
8 | of [such] the pension fund, and the care, management, investment |
9 | and disposal of [such] the trust funds or property shall be |
10 | vested in such officer or officers of the city, for the time |
11 | being, as the council may designate, and [such] the care, |
12 | management and disposal shall likewise be directed by ordinance |
13 | and the [said] trust funds shall be governed thereby, subject to |
14 | such directions, not inconsistent therewith, as the donors of |
15 | [such] the funds and property may prescribe. |
16 | Section 350. Section 4308 of the act, amended October 4, |
17 | 1978 (P.L.950, No.188), is amended to read: |
18 | Section 4308. Repayment Before Retirement.--[If for any |
19 | cause any] (a) If a contributing member of the police [force |
20 | contributing to the] pension fund shall cease to be a member of |
21 | the police force before [he becomes] becoming entitled to a |
22 | pension, the total amount of the contributions paid into the |
23 | pension fund by [such] the member shall be refunded to him or |
24 | her in full, without interest. |
25 | (b) If [any such] a member shall have returned to him or her |
26 | the amount contributed, and shall afterward again become a |
27 | member of the police force, [he] the member shall not be |
28 | entitled to the pension designated until twenty years after his |
29 | or her reemployment, unless [he shall return] the member returns |
30 | to the pension fund the amount withdrawn, in which event the |
|
1 | period of twenty years shall be computed from the time the |
2 | member first became a member of the police force, excluding |
3 | therefrom any period of time during which the member was not |
4 | employed by the police force. |
5 | (c) In the event of the death of a member of the police |
6 | force not in the line of service before the member becomes |
7 | entitled to [the pension aforesaid and such] a pension and if |
8 | the member is not survived by a spouse or family entitled to |
9 | payments as [hereinbefore] provided in this subdivision, the |
10 | total amount of contributions paid into the pension fund by the |
11 | member shall be paid over to his or her estate. |
12 | Section 351. Section 4309 of the act, added December 17, |
13 | 1990 (P.L.715, No.178), is amended to read: |
14 | Section 4309. Definitions.--As used in this subdivision, the |
15 | term "salary" is defined as the fixed amount of compensation |
16 | paid at regular, periodic intervals by the city to the member |
17 | and from which pension contributions have been deducted. |
18 | Section 352. Article XLIII subdivision (b) heading of the |
19 | act is amended to read: |
20 | (b) [Firemen] Firefighters |
21 | Section 353. Section 4320 of the act, amended October 4, |
22 | 1978 (P.L.950, No.188), is amended to read: |
23 | Section 4320. [Firemen's] Firefighters' Pension Fund; |
24 | Management; Annuity Contracts.--(a) Except as hereinafter |
25 | provided, cities shall provide annuity contracts or establish, |
26 | by ordinance, a [firemen's] firefighters' pension fund[, to]. |
27 | (b) The annuity contracts or pension fund shall be |
28 | maintained in part by an equal and proportionate monthly charge |
29 | against each member of the fire department, which shall not |
30 | exceed annually four per centum of the pay of such member, and |
|
1 | an additional amount not to exceed one per centum if deemed |
2 | necessary by the council to provide sufficient funds for |
3 | payments to surviving spouses of members retired on pension or |
4 | killed or who die in the service. |
5 | (c) In any case [where] in which there is an existing |
6 | organization or association for the benefit of fully paid |
7 | [firemen] firefighters, constituting and having in charge the |
8 | distribution of [firemen's] firefighters' pension funds, no |
9 | annuity contract shall be provided, nor shall any [firemen's] |
10 | firefighters' pension funds be established under the provisions |
11 | of this section unless and until the members of such |
12 | organization or association, by a two-thirds vote, elect to |
13 | transfer said existing fund into the pension fund required to be |
14 | established by this section. |
15 | (d) All pension funds established under the provisions of |
16 | this section shall be under the direction and control of a board |
17 | of managers [consisting of the mayor], which shall consist of |
18 | the following: |
19 | (1) Ex officio members as follows: |
20 | (i) the city administrator, if one has been appointed, or |
21 | the mayor if no city administrator has been appointed; |
22 | (ii) the director of accounts and finance[,]; |
23 | (iii) the director of the department having charge of the |
24 | fire department, or in cities where no city administrator has |
25 | been appointed and the mayor is also the director of the |
26 | department having charge[,] of the fire department, then the |
27 | director of public safety[,]; |
28 | (iv) the city controller; and |
29 | (v) the chief of the bureau of fire[, ex officio, and two]. |
30 | (2) Two members of the fire department to be chosen by the |
|
1 | members of the fire department. |
2 | (e) If a city does not establish a department whose director |
3 | is named as an ex officio member of the board of managers, then |
4 | the director of another department or such officers of the city |
5 | as may be designated by council shall be substituted on the |
6 | board of managers. |
7 | (f) Of the first [managers] members so chosen by the members |
8 | of the fire department to the board of managers, one shall be |
9 | chosen for a term of two years and one for a term of four years. |
10 | Biennially thereafter one [manager] fire department member shall |
11 | be chosen for a term of four years to take the place of the one |
12 | whose term expires. In case of vacancy among the managers chosen |
13 | by the fire department, a successor shall be chosen for the |
14 | unexpired term. |
15 | (g) The fund shall be applied, under [such] regulations [as] |
16 | prescribed by the board of managers [shall prescribe], for the |
17 | benefit of such members of the fire department [as shall] who |
18 | receive honorable discharge therefrom by reason of service or |
19 | age or disability, surviving spouses of retired members and the |
20 | families of [such as may be] members who are killed or who die |
21 | in the service. All [such] pensions [as shall be allowed] to |
22 | those who are retired by reason of [the disabilities or of] |
23 | disability or service or age shall be in conformity with a |
24 | uniform scale, together with service increments as hereinafter |
25 | provided. Benefits [allowed] from [such] the fund to families of |
26 | [such as] members who are killed or who die in service shall |
27 | take into consideration the member's surviving spouse and his or |
28 | her minor children under eighteen years of age, if any survive. |
29 | Section 354. Section 4320.1 of the act, added June 16, 1993 |
30 | (P.L.97, No.21), is amended to read: |
|
1 | Section 4320.1. Limited Vested Benefit for Firefighters.-- |
2 | (a) The ordinance establishing a firefighters' pension fund may |
3 | provide for a limited vested benefit if [such] it would conform |
4 | to section 305 of the act of December 18, 1984 (P.L.1005, |
5 | No.205), known as the "Municipal Pension Plan Funding Standard |
6 | and Recovery Act." |
7 | (a.1) Under [the provisions of the] a limited vested |
8 | benefit, [should] if a member of the firefighters' pension fund |
9 | [before completing the minimum age and] has not completed the |
10 | minimum period of continuous service [requirements but after |
11 | having] and any applicable minimum age requirement but has |
12 | completed twelve years of full-time service, and if, for any |
13 | reason, shall cease to be employed as a full-time firefighter, |
14 | the member shall be entitled to vest his or her retirement |
15 | benefits subject to the following conditions: |
16 | (1) [the] The member must file with the management board of |
17 | the firefighters' pension fund a written notice of his or her |
18 | intention to vest[;]. |
19 | (2) [the] The member must include in the notice the date the |
20 | member intends to terminate his or her service as a full-time |
21 | firefighter[;]. |
22 | (3) [the] The termination date shall be at least thirty days |
23 | later than the date of notice to vest[;]. |
24 | (4) [the] The member must be in good standing with the fire |
25 | department on the date of notice to vest[; and]. |
26 | (5) [the] The board shall indicate on the notice to vest the |
27 | rate of the monthly pay of the member as of the date of the |
28 | notice to vest or the highest average annual salary which the |
29 | member received during any five years of service preceding the |
30 | date, whichever is the higher. |
|
1 | (b) Upon reaching the date which would have been the |
2 | member's retirement date had the member continued his or her |
3 | full-time employment with the fire department, the member shall |
4 | notify the board in writing that the member desires to collect |
5 | his or her pension. The amount of retirement benefits the member |
6 | is entitled to receive under this section shall be computed as |
7 | follows: |
8 | (1) [the] The initial determination of the member's base |
9 | retirement benefits shall be computed on the salary indicated on |
10 | the notice to vest[; and]. |
11 | (2) [the] The portion of the base retirement benefits due |
12 | the member shall be determined by applying to the base amount |
13 | the percentage that his or her years of service actually |
14 | rendered bears to the years of service which would have been |
15 | rendered had the member continued to be employed by the |
16 | department until his or her minimum retirement date. |
17 | Section 355. Section 4321 of the act, amended July 1, 1992 |
18 | (P.L.347, No.74), is amended to read: |
19 | Section 4321. Retirement; Final Discharge.--[Such |
20 | regulations shall prescribe a] (a) With regard to continuous |
21 | service and minimum age requirements, the ordinance establishing |
22 | or regulations governing the firefighters' pension fund shall |
23 | prescribe as follows: |
24 | (1) A minimum period of continuous service[,] of not less |
25 | than twenty years [and, when]. |
26 | (2) If any minimum age is prescribed, a minimum age of fifty |
27 | years[, after which members of the department may retire on |
28 | pension from active duty, and such members as are retired]. |
29 | (b) Retired members, if not unfit by reason of age, |
30 | disability or otherwise shall be subject to service, from time |
|
1 | to time, as a [firemen's] firefighters' reserve in cases of |
2 | emergency [until unfitted for such service, when they may be |
3 | finally discharged by reason of age or disability], under terms |
4 | and conditions as my be established by council. |
5 | (c) With the approval of council, all members of the |
6 | [firemen's] firefighters' pension fund who are contributors and |
7 | who served in the armed forces of the United States subsequent |
8 | to September 1, 1940, and who were not members of the |
9 | [firemen's] firefighters' pension fund prior to such military |
10 | service, shall be entitled to have full credit for each year or |
11 | fraction thereof, not to exceed five years of such service upon |
12 | their payment to the [firemen's] firefighters' pension fund of |
13 | an amount equal to that which they would have paid had they been |
14 | members during the period for which they desire credit, and |
15 | their payment to such fund of an additional amount as the |
16 | equivalent of the contributions of the city plus any interest |
17 | the city would have been required to pay on the contributions on |
18 | account of such military service. Upon the death of a member who |
19 | retires on pension or is killed in the service on or after |
20 | January 1, 1960, or who dies in the service on or after January |
21 | 1, 1968, payments as hereinafter provided shall be made to the |
22 | member's surviving spouse during the life of the spouse. |
23 | Section 356. Section 4322 of the act, amended or added |
24 | October 4, 1978 (P.L.950, No.188), June 16, 1993 (P.L.97, No.21) |
25 | and June 19, 2002 (P.L.442, No.65), is amended to read: |
26 | Section 4322. Pensions and Service Increments.--(a) The |
27 | following apply: |
28 | (1) Payments of pensions shall [not] only be a charge on |
29 | [any fund in the] the firefighters' pension fund and shall not |
30 | be a charge on any other fund under the control, or in the |
|
1 | treasury, of the city [or under its control save the firemen's |
2 | pension fund herein provided for]. |
3 | (2) The basis of the pension of a member shall be determined |
4 | by the monthly salary of the member at the date of vesting under |
5 | section 4320.1 or retirement, or the highest average annual |
6 | salary which [he] the member received during any five years of |
7 | service preceding retirement, whichever is the higher, whether |
8 | for disability, or by reason of age or service, and except as to |
9 | service increments provided for in subsection (b) of this |
10 | section, shall be one-half the annual salary of [such] the |
11 | member at the time of vesting under section 4320.1 or retirement |
12 | computed at [such] the monthly or average annual rate, whichever |
13 | is the higher. |
14 | (3) In the case of the payment of pensions to members for |
15 | permanent injury incurred in service, and to families of members |
16 | killed or who die in service, the amount and commencement of the |
17 | payment of pensions shall be fixed by regulations of the board. |
18 | [Such] These regulations shall not take into consideration the |
19 | amount and duration of [workmen's] workers' compensation allowed |
20 | by law. Payments to surviving spouses of members retired on |
21 | pension or killed in the service on or after January 1, 1960, or |
22 | who die in the service on or after January 1, 1968, shall be the |
23 | amount payable to the member or which would have been payable |
24 | had [he] the member been retired at the time of [his] the |
25 | member's death. |
26 | (a.1) The provisions of subsection (a) providing that the |
27 | basis of the pension shall be one-half the annual salary of |
28 | [such] the member at the time of vesting under section 4320.1 or |
29 | retirement computed at [such] the monthly or average annual |
30 | rate, whichever is the higher, shall not apply to a city of the |
|
1 | third class whether operating under an optional charter adopted |
2 | in accordance with the act of July 15, 1957 (P.L.901, No.399), |
3 | known as the "Optional Third Class City Charter Law," or under a |
4 | home rule charter adopted in accordance with 53 Pa.C.S. Pt. III |
5 | Subpt. E (relating to home rule and optional plan government), |
6 | which had in effect pension plans prior to the effective date of |
7 | this subsection that provided pensions in an amount greater than |
8 | fifty per centum of salary. |
9 | (b) In addition to the pension which is authorized to be |
10 | paid from the [firemen's] firefighters' pension fund by this act |
11 | and notwithstanding the limitations therein placed upon such |
12 | pensions and upon contributions, every contributor who shall |
13 | become entitled to the pension shall also be entitled to the |
14 | payment of a "service increment" in accordance with and subject |
15 | to the conditions hereinafter set forth. |
16 | (1) Service increment shall be the sum obtained by computing |
17 | the number of whole years after having served the minimum |
18 | required by this act during which a contributor has been |
19 | employed by [such] the city and paid out of the city treasury, |
20 | including credit for military service as provided in section |
21 | 4321, and multiplying the said number of years so computed by an |
22 | amount equal to one-fortieth of the retirement allowance which |
23 | has become payable to such contributor in accordance with the |
24 | provisions of this act. In computing the service increment, no |
25 | employment after the contributor has reached the age of sixty- |
26 | five years shall be included, and no service increment shall be |
27 | paid in excess of one hundred dollars ($100) per month. |
28 | (2) Each contributor, from and after the effective date of |
29 | this amendment, shall pay into the pension fund a monthly sum in |
30 | addition to his or her pension contribution, which shall not |
|
1 | exceed the sum of one dollar ($1) per month[: And provided, That |
2 | such], provided that the service increment contribution shall |
3 | not be paid after a contributor has reached the age of sixty- |
4 | five years. |
5 | (3) Any person who is a member of the department on the |
6 | effective date of this amendment who has already reached the age |
7 | of sixty-five years shall have his or her service increment |
8 | computed on the years of employment prior to the date of |
9 | reaching [his] the member's sixty-fifth birthday. |
10 | (4) Service increment contributions shall be paid at the |
11 | same time and in the same manner as pensions, and may be |
12 | withdrawn in full, without interest, by persons who leave the |
13 | employment of [such] the city, subject to the same conditions by |
14 | which retirement contributions may be withdrawn, or by persons |
15 | who retire before becoming entitled to any service increment. |
16 | (5) All members of the fire department who are now |
17 | contributors to the pension fund and all those employed by the |
18 | city after the effective date of this amendment, if required to |
19 | become contributors to the pension fund, shall be subject to the |
20 | provisions of this act. |
21 | (6) After the effective date of this clause, a city may |
22 | agree to make service increment payments in excess of one |
23 | hundred dollars ($100) per month as long as such payments do not |
24 | exceed five hundred dollars ($500) per month, and, in computing |
25 | such service increments, no employment after the contributor has |
26 | reached the age of sixty-five years shall be included[: |
27 | Provided, That], provided that any agreement to provide an |
28 | increase in service increment payments shall include a |
29 | proportionate increase in the amount each contributor shall pay |
30 | into the retirement fund under clause (2), not to exceed five |
|
1 | dollars ($5) per month. |
2 | Section 357. Section 4322.1 of the act, amended June 30, |
3 | 1969 (P.L.98, No.36), is amended to read: |
4 | Section 4322.1. Increase of Allowances After Retirement.-- |
5 | (a) Any city may, at any time, at its discretion, upon the |
6 | recommendation of the persons having custody and management of |
7 | the [firemen's] firefighters' pension fund, increase the |
8 | allowances of persons receiving allowances of any kind from the |
9 | fund by reason of and after the termination of the services of |
10 | any member of the fund. |
11 | [Such increases] (b) Increases made pursuant to this section |
12 | shall be in conformity with a uniform scale, which may be based |
13 | on the cost of living, but the total of any such allowances |
14 | shall not at any time exceed one-half of the current salary |
15 | being paid [firemen] firefighters of the highest pay grade. |
16 | Section 358. Section 4323 of the act, amended August 14, |
17 | 1959 (P.L.709, No.246), is amended to read: |
18 | Section 4323. Causes for Forfeiture of Rights in Fund; Other |
19 | Employments.--(a) Whenever any person shall become entitled to |
20 | receive a pension from the [firemen's] firefighters' pension |
21 | fund, and shall have been admitted to participate therein, [he] |
22 | the person shall not thereafter be deprived of his or her right |
23 | to participation therein [upon] on the basis upon which [he] the |
24 | person first became entitled thereto, except for one or [more] |
25 | both of the following causes[, that is to say]: |
26 | (1) Conviction of a felony or misdemeanor[, becoming an |
27 | habitual drunkard, or failing]. |
28 | (2) Failing to comply with some general regulation relating |
29 | to the management of [said] the fund which may be made by the |
30 | managers, and which may provide that a failure to comply |
|
1 | therewith shall terminate the right to participate in the |
2 | pension fund. |
3 | (b) Any termination of a pension shall be only after [such] |
4 | due notice and hearing as shall be prescribed by regulation of |
5 | the managers. |
6 | Section 359. Section 4324 of the act, amended October 4, |
7 | 1978 (P.L.950, No.188), is amended to read: |
8 | Section 4324. Payments to [Firemen's] Firefighters' Pension |
9 | [Funds] Fund by City.--[There] Unless otherwise required by the |
10 | act of December 18, 1984 (P.L.1005, No.205), known as the |
11 | "Municipal Pension Plan Funding Standard and Recovery Act," or |
12 | by any other provision of law, this section shall govern the |
13 | payment to the firefighters' pension fund of money raised by |
14 | taxes levied by the city: |
15 | (1) A city shall [be paid] pay to the [firemen's] |
16 | firefighters' pension [funds by every city] fund annually [the] |
17 | a sum of money not less than one-half of one per centum nor more |
18 | than three per centum of all city taxes levied by the city, |
19 | other than taxes levied to pay interest on or extinguish the |
20 | debt of the city [or any part thereof]. |
21 | (2) Council may exceed the limitations imposed by this |
22 | section if an additional amount is deemed necessary to provide |
23 | sufficient funds for payments to surviving spouses of members |
24 | retired on pension or killed or who die in the service[: |
25 | Provided, however, That], provided, however, that the city shall |
26 | annually pay into said fund not less than one-half of one per |
27 | centum of all city taxes levied by the city, other than taxes |
28 | levied to pay interest on or extinguish the debt of the city [or |
29 | any part thereof]. |
30 | Section 360. Sections 4325 and 4326 of the act are amended |
|
1 | to read: |
2 | Section 4325. [Transfer of Funds] Transfers from Other |
3 | Pension Funds.--(a) In any city wherein the members of the fire |
4 | department are members of a pension fund not established solely |
5 | for the purpose of pensioning members of the fire department, |
6 | there shall be transferred from such other pension fund into the |
7 | [firemen's] firefighters' pension fund required to be |
8 | established by this act, the moneys contributed thereto by |
9 | members of the fire department who have not been retired, and a |
10 | just and equitable proportion of the moneys contributed by the |
11 | city to such other pension fund for the future retirement of |
12 | members of the fire department. [Such] The transfers may be made |
13 | by the transfer of securities. The amounts to be transferred |
14 | shall be amicably adjusted by the managers of the [firemen's] |
15 | firefighters' pension fund and the pension board having the |
16 | charge of such other pension fund. In case of disagreement as to |
17 | the amount [so] to be transferred, the disagreement shall be |
18 | resolved by the city council, whose action thereon shall be |
19 | final. |
20 | (b) Nothing contained in this section shall be construed to |
21 | relieve any existing pension fund of its liability to continue |
22 | the payment of pensions to retired members of the fire |
23 | department in accordance with the laws and regulations under |
24 | which such members were retired. |
25 | Section 4326. Trusts for Benefit of [Firemen's] |
26 | Firefighters' Pension Fund.--Any [such] city may take, by gift, |
27 | grant, devise or bequest, any money or property, real, personal |
28 | or mixed, in trust for the benefit of [such] the pension fund[, |
29 | and the]. The care, management, investment and disposal of |
30 | [such] the trust funds or property shall be vested in [such] the |
|
1 | officer or officers of [such] the city, for the time being, as |
2 | the [said] city may designate[, and such]. The care, management |
3 | and disposal shall likewise be directed by ordinance and the |
4 | [said] trust funds shall be governed thereby, subject to [such] |
5 | directions, not inconsistent therewith, as the donors of [such] |
6 | the funds and property may prescribe. |
7 | Section 361. Section 4327 of the act, amended July 20, 1968 |
8 | (P.L.434, No.204), is amended to read: |
9 | Section 4327. Repayment Before Retirement.--(a) If [for any |
10 | cause any] a contributing member of the [fire department |
11 | contributing to the] firefighters' pension fund shall cease to |
12 | be a member of the fire department before he or she becomes |
13 | entitled to a pension, the total amount of the contributions |
14 | paid into the pension fund by [such] the member shall be |
15 | refunded [to him] in full without interest. |
16 | (b) If [any such] a member shall have returned to him or her |
17 | the amount contributed, and shall afterward again become a |
18 | member of the fire department, [he] the member shall not be |
19 | entitled to the pension designated until twenty years after his |
20 | or her reemployment, unless [he shall return] the member returns |
21 | to the pension fund the amount withdrawn, in which event the |
22 | period of twenty years shall be computed from the time the |
23 | member first became a member of the fire department, excluding |
24 | therefrom any period of time during which the member was not |
25 | employed by the fire department. |
26 | (c) In the event of the death of a member of the fire |
27 | department not in the line of service before the member becomes |
28 | entitled to [the] a pension [aforesaid] and [such] if the member |
29 | [is not survived by a widow] has no surviving spouse or family |
30 | entitled to payments as [hereinbefore] provided in this |
|
1 | subdivision, the total amount of contributions paid into the |
2 | pension fund by the member shall be paid over to his or her |
3 | estate. |
4 | Section 362. Section 4328 of the act, added June 16, 1993 |
5 | (P.L.97, No.21), is reenacted to read: |
6 | Section 4328. Definitions.--As used in this subdivision, the |
7 | term "salary" is defined as the fixed amount of compensation |
8 | paid at regular, periodic intervals by the city to the member |
9 | and from which pension contributions have been deducted. |
10 | Section 363. Article XLIII subdivision (c) heading of the |
11 | act, amended August 17, 1951 (P.L.1251, No.292), is amended to |
12 | read: |
13 | (c) Pension Funds for Employes Other Than [Policemen] Police |
14 | Officers and City-Paid [Firemen] Firefighters |
15 | Section 364. Section 4340 of the act, amended October 4, |
16 | 1978 (P.L.950, No.188), is amended to read: |
17 | Section 4340. Pension Funds for Employes other than Police |
18 | or City-Paid [Firemen] Firefighters.--(a) Cities may create a |
19 | pension fund for the pensioning of employes [of said cities] who |
20 | are not members of the police force or city-paid fire department |
21 | [thereof], surviving spouses of retired members if council so |
22 | elects and the families of [such] employes as may be injured or |
23 | killed in the service, in the manner, under the conditions and |
24 | subject to the qualifications [following] set forth in this |
25 | subdivision. |
26 | (b) As used in this subdivision "employes" includes officers |
27 | and officials of the city, whether elected or appointed. |
28 | Section 365. Section 4341 of the act, amended June 21, 1984 |
29 | (P.L.428, No.87), is amended to read: |
30 | Section 4341. Pension Board; Duties.--(a) In any city which |
|
1 | creates [such] a pension fund in accordance with this |
2 | subdivision, there shall be created a board to be known as the |
3 | pension board, [consisting of the mayor,] which shall consist of |
4 | the city administrator, if one has been appointed, or the mayor |
5 | if no city administrator has been appointed, the city |
6 | controller, the superintendent of finance, two employes to be |
7 | chosen by the employes contributing to the pension fund and, if |
8 | members of council participate in the pension fund and are |
9 | members of the fund, a member of council[,] chosen by council. |
10 | (b) It shall be the duty of [said] the board to register all |
11 | persons employed by the [said] city, and to administer the |
12 | collections and distribution of pension the fund [herein |
13 | provided for], and make such reasonable rules [in the premises] |
14 | as [such] the board may deem necessary [to carry into effect the |
15 | provisions of this act]. |
16 | Section 366. Section 4342 of the act is amended to read: |
17 | Section 4342. Retirement Age.--[Every person, now or |
18 | hereafter employed by any] In a city which has created [such] a |
19 | pension fund and pension board [as hereinbefore provided,] in |
20 | accordance with this subdivision, an employee of the age of |
21 | sixty years, and upwards, who shall have been [so] employed for |
22 | a period of twenty years or more, shall, upon application to the |
23 | board of pensions [herein created,] be retired from service and |
24 | shall, subject to qualifications provided in this subdivision |
25 | during the remainder of his or her life, receive the pension or |
26 | compensation fixed by this [act, subject to such qualifications |
27 | as are herein contained] subdivision. |
28 | Section 367. Section 4343 of the act, amended October 4, |
29 | 1978 (P.L.950, No.188), is amended to read: |
30 | Section 4343. Retirement Allowance; Proof of Disability; |
|
1 | Joint and Single Coverage Members Defined.--(a) During the |
2 | lifetime of any person in the employment of any city creating |
3 | such pension fund and pension board as hereinbefore provided, he |
4 | or she shall be entitled to receive as a pension annually, from |
5 | the fund set aside for the purpose, fifty per centum of the |
6 | amount which would constitute the average annual salary or wages |
7 | which he or she received during the last or any five years of |
8 | his or her employment by the said city, whichever is the higher, |
9 | said pension to be paid in semi-monthly payments. Should any |
10 | persons so employed, after twenty years of service, be |
11 | dismissed, voluntarily retired, or be in any manner deprived of |
12 | his or her position or employment, before attaining the age of |
13 | sixty years, upon continuing a monthly payment to the fund equal |
14 | to the last amount due and paid monthly while in active service, |
15 | said person shall be entitled to the pension above-mentioned, |
16 | notwithstanding he or she has not attained the age of sixty |
17 | years at the time of his or her separation from the service of |
18 | such city, but said pension shall not commence until he or she |
19 | has attained the age of sixty years. Should any employe, |
20 | however, become totally and permanently disabled, after ten |
21 | years of service and before attaining the age of sixty years, he |
22 | or she shall be entitled to the said pension. Proof of total and |
23 | permanent disability shall consist of the sworn statement of |
24 | three practicing physicians, designated by the board, that the |
25 | employe is in a permanent condition of health which would |
26 | permanently disable him or her from performing the duties of his |
27 | or her position or office. |
28 | (b) For the purpose of this article on pensions, the |
29 | following words shall have the meaning herein assigned to them: |
30 | (1) "Joint Coverage Member" of the retirement system shall |
|
1 | mean a city employe who shall have become a member of the |
2 | retirement system subsequent to the last date permitted by |
3 | [such] the city for statement or preference concerning social |
4 | security coverage, or who, having become a member on or before |
5 | [such] that date, shall have filed with the Retirement Board a |
6 | written statement that he or she elects social security coverage |
7 | under an agreement with the [Federal] Secretary of Health[, |
8 | Education and Welfare] and Human Services entered into by the |
9 | Commonwealth. |
10 | (2) "Single Coverage Member" of the retirement system shall |
11 | mean a city employe who shall have become a member of the |
12 | retirement system on or before the last date permitted by [such] |
13 | the city for statement of preference concerning social security |
14 | coverage and who either shall have filed with the Retirement |
15 | Board a written statement that he or she does not elect social |
16 | security coverage under any agreement with the [Federal] |
17 | Secretary of Health[, Education and Welfare] and Human Services |
18 | entered into by the Commonwealth, or shall not have filed with |
19 | the Retirement Board any written statement. |
20 | (c) Where a city has entered into an agreement with the |
21 | Commonwealth to place certain employes under the Federal Social |
22 | Security Act, the pension to be paid joint coverage members |
23 | according to the provisions of this section payable after the |
24 | age and upon that portion of annual compensation on which social |
25 | security benefits are payable, shall be reduced by an amount |
26 | equal to forty (40) per centum of the primary insurance amount |
27 | of social security paid or payable to the member. [Such] The |
28 | reduction shall be subject to the following provisions: |
29 | (1) Upon attainment of the age at which social security |
30 | benefits are payable by a beneficiary receiving a pension or |
|
1 | upon retirement of a contributor after attaining that age, his |
2 | or her eligibility to the old age insurance benefit and the |
3 | primary insurance amount of social security upon which the |
4 | reduction in the pension shall be based, shall be computed by |
5 | the board in the manner specified in the Federal Social Security |
6 | Act, except that in determining such eligibility and such amount |
7 | only wages or compensation for services performed in the employ |
8 | of the city shall be included. |
9 | (2) The reduction shall not apply to a pension for total and |
10 | permanent disability payable under this section. |
11 | (3) Whenever the amount of the reduction from the pension |
12 | shall have been once determined, it shall remain fixed for the |
13 | duration of the pension, except that any decrease in the primary |
14 | insurance amount under the Social Security Act shall result in a |
15 | corresponding decrease in the amount of the reduction from the |
16 | pension. |
17 | (4) The total sum, including social security benefits, to be |
18 | received upon retirement by an employe who is a member of the |
19 | system at the time of the agreement shall not be less than the |
20 | allowance that would be paid by the retirement system in the |
21 | absence of the agreement. |
22 | (d) If council elects, by ordinance, to make such payments, |
23 | the surviving spouse of an employe who retired on pension or is |
24 | killed in the service on or after January 1, 1960, shall, during |
25 | his or her lifetime or so long as he or she does not remarry, be |
26 | entitled to receive a pension calculated at the rate of fifty |
27 | per centum of the pension the member was receiving or would have |
28 | been entitled to had [he] the member been retired at the time of |
29 | his or her death. |
30 | Section 368. Section 4343.1 of the act, amended June 11, |
|
1 | 1968 (P.L.160, No.90), is amended to read: |
2 | Section 4343.1. Retirement Allowances; Full Coverage; |
3 | Payments.--(a) Where a city has entered into an agreement with |
4 | the Commonwealth to place certain employes under the Federal |
5 | Social Security Act, the pension board may authorize any joint |
6 | coverage member of the retirement system to elect according to |
7 | the provisions of this section to receive compensation without |
8 | the reduction provided for in section 4343, provided [he] the |
9 | member shall make a lump-sum payment to the pension board, or |
10 | installment payments as may be approved by the board, equal to |
11 | the difference between the amount of the accumulated fund to his |
12 | or her credit in the fund as of the last date for which salary |
13 | or wages was paid and the amount which would have been to his or |
14 | her credit in such fund if contributions had been made on that |
15 | portion of his or her salary or wages on which social security |
16 | allowances are payable, at the same rate as made on that portion |
17 | of his or her salary or wages in excess thereof, from the time |
18 | that such salary or wages became subject to social security |
19 | coverage. Such election shall be made, in writing, in the form |
20 | prescribed by the pension board, and shall be accompanied by the |
21 | lump-sum payment or an agreement as to installment payments |
22 | herein required. |
23 | (b) The pension board may authorize any such member to make |
24 | the election herein provided at any time, and if made prior to |
25 | retirement, such member shall, in addition to any lump-sum or |
26 | installment payments required, pay to the board contributions on |
27 | his or her entire salary or wages thereafter received at the |
28 | rate provided in this act for monthly salary or wages in excess |
29 | of that on which social security allowances are payable. |
30 | Section 369. Section 4343.2 of the act, added July 11, 1996 |
|
1 | (P.L.647, No.109), is amended to read: |
2 | Section 4343.2. Limited Vested Benefit.--(a) The ordinance |
3 | creating a pension fund in accordance with this subdivision may |
4 | provide for a limited vested benefit if [such] it would conform |
5 | to section 305 of the act of December 18, 1984 (P.L.1005, |
6 | No.205), known as the "Municipal Pension Plan Funding Standard |
7 | and Recovery Act." |
8 | (a.1) Under [the provisions of the benefit, should a member |
9 | of the pension fund terminate] a limited vested benefit, if a |
10 | member of the pension fund terminates employment before reaching |
11 | the date which would have been the member's earliest retirement |
12 | date had the member continued employment by meeting the minimum |
13 | age and minimum period of continuous service requirements but |
14 | after having completed twelve years of full-time service, the |
15 | member shall be entitled to vest his or her retirement benefits |
16 | subject to the following conditions: |
17 | (1) [the] The member must file with the management board of |
18 | the pension fund a written notice of his or her intention to |
19 | vest[;]. |
20 | (2) [the] The member must include in the notice the date the |
21 | member intends to terminate his or her service as an employe[;]. |
22 | (3) [the] The termination date shall be at least thirty days |
23 | later than the date of notice to vest[;]. |
24 | (4) [the] The member must be in good standing with the city |
25 | on the date of notice to vest[; and]. |
26 | (5) [the] The board shall indicate on the notice to vest the |
27 | rate of monthly pay of the member as of the date of said notice |
28 | to vest or the highest average annual salary which the member |
29 | received during any five years of service preceding said date, |
30 | whichever is the higher. |
|
1 | (b) Upon reaching the date which would have been the |
2 | member's earliest retirement date had the member continued his |
3 | or her employment with the city, the member shall notify the |
4 | board, in writing, that the member desires to collect his or her |
5 | pension. The amount of retirement benefits the member is |
6 | entitled to receive under this section shall be computed as |
7 | follows: |
8 | (1) [the] The initial determination of the member's base |
9 | retirement benefits shall be computed on the salary indicated on |
10 | the notice to vest[; and]. |
11 | (2) [the] The portion of the base retirement benefits due |
12 | the member shall be determined by applying to the base amount |
13 | the percentage that his or her years of service actually |
14 | rendered bears to the years of service which would have been |
15 | rendered had the member continued to be employed by the city |
16 | until his or her earliest retirement date. |
17 | Section 370. Section 4344 of the act, amended October 4, |
18 | 1978 (P.L.950, No.188), is amended to read: |
19 | Section 4344. Amount of Payments into Fund; Repayment before |
20 | Retirement.--The employes of any city, creating [such] a pension |
21 | fund and pension board in accordance with this subdivision, |
22 | shall pay into the board of pensions monthly an amount equal to |
23 | two per centum of their monthly salaries or wages, and if |
24 | council elects, by ordinance, to make [such] payments, an |
25 | additional amount not to exceed one per centum if deemed |
26 | necessary by council to provide sufficient funds for payments to |
27 | the surviving spouses of members who were retired on pension or |
28 | killed in the service, which shall be applied to the purposes of |
29 | the fund. Payment of the monthly amount or contribution herein |
30 | mentioned shall cease and be discontinued at the time the |
|
1 | beneficiary receives the pension herein provided. If for any |
2 | cause any employe contributing to the pension fund shall cease |
3 | to be an employe of the city before the [said] employe becomes |
4 | entitled to a pension, the total amount of the contributions |
5 | paid into the pension fund by [such] the employe shall be |
6 | refunded to him or her in full, without interest. If any [such] |
7 | employe shall have returned to him or her the amount contributed |
8 | as aforesaid, and shall afterward reenter the employ of the |
9 | city, [said] the employe shall not be entitled to the pension |
10 | designated until twenty years after [said] reemployment, unless |
11 | he or she shall return to the pension fund the amount withdrawn, |
12 | in which event that period of twenty years shall be computed |
13 | from the time [said] the employe first enters the service of the |
14 | city. In the event of the death of any [such] employe, before |
15 | the [said] employe becomes entitled to the pension aforesaid, |
16 | the [said] total amount of contributions paid into the pension |
17 | fund by [said] the employe shall be paid over to the estate of |
18 | [said] the deceased employe. |
19 | Section 371. Section 4344.1 of the act, amended July 21, |
20 | 1959 (P.L.553, No.169), is amended to read: |
21 | Section 4344.1. Determination of Liability Upon Extension of |
22 | Social Security.--(a) Where a city has entered into an |
23 | agreement with the Commonwealth to place its employes under the |
24 | Federal Social Security Act, the pension board shall appoint an |
25 | actuary, and may fix [his] the employe's compensation. The |
26 | actuary shall determine the present value of the liability on |
27 | account of pensions payable under the provisions of section 4343 |
28 | [of this act] to employes who are members of the system on the |
29 | effective date of the agreement, and shall offset the value of |
30 | any assets in the pension fund to determine the unfunded |
|
1 | liability. The city may make [such] the payments as it desires |
2 | toward the unfunded liability until the accumulated reserve |
3 | equals the present value of the liability. The actuary shall |
4 | also determine the amount which shall be contributed, annually, |
5 | into the fund on account of service of all new and original |
6 | members subsequent to the effective date of the agreement. |
7 | (b) Employes shall pay into the board of pensions, monthly, |
8 | an amount equal to three and one-half per centum of that portion |
9 | of monthly compensation on which social security allowances are |
10 | payable and five per centum of any monthly compensation in |
11 | excess of that on which social security allowances are payable. |
12 | The remainder of the needed annual contribution for service |
13 | subsequent to the date of the agreement, as determined by the |
14 | actuary, shall become the obligation of the city, and shall be |
15 | paid by it to the board of pensions by annual appropriations. |
16 | The provisions of this section shall, in all applicable cases, |
17 | supersede the provisions relating to contributions in section |
18 | 4344 and section 4348 of this act. |
19 | Section 372. Section 4345 of the act is amended to read: |
20 | Section 4345. Payments by Laborers Optional.--Any person |
21 | holding a position in any [such] city as a laborer, at a per |
22 | diem wage, shall not be compelled to pay or contribute toward |
23 | the pension fund herein provided for, but shall have the option |
24 | or choice of so doing and, in that event only, of becoming |
25 | entitled to the pension provided by this act. |
26 | Section 373. Section 4346 of the act, amended August 17, |
27 | 1951 (P.L.1251, No.292), is amended to read: |
28 | Section 4346. Heads of Departments to Certify List of |
29 | Employes.--The head of every department and office employing |
30 | persons entitled to receive a pension shall certify to the board |
|
1 | of pensions all persons so employed and the amount of salary or |
2 | wages which is paid to [said] employes, together with |
3 | dismissals, resignations, or terminations of service and, from |
4 | the records of their office or department, shall furnish [such] |
5 | other relevant information as the board of pensions shall |
6 | require. In the case of a volunteer [fireman] firefighter, "head |
7 | of department or office" shall mean the president or secretary |
8 | of the board of trustees of the volunteer fire company involved. |
9 | Section 374. Section 4347 of the act is amended to read: |
10 | Section 4347. Receipt, Investment and Payment of Funds.--It |
11 | shall be the duty of the board of pensions to receive and retain |
12 | and, when deemed advisable, to invest the funds payable in |
13 | accordance with the provisions of this subdivision [of this |
14 | article], and to pay over by warrant or check the amount due to |
15 | [said] employes. |
16 | Section 375. Sections 4348 and 4349 of the act, amended |
17 | August 17, 1951 (P.L.1251, No.292), are amended to read: |
18 | Section 4348. Appropriations and Contributions to Fund.--The |
19 | council may annually set aside, apportion, and appropriate, out |
20 | of all taxes and income of [such] the city, unto the board of |
21 | pensions, a sum sufficient to maintain the pensions or |
22 | compensations due hereunder on account of the city contributions |
23 | for all employes except volunteer [firemen] firefighters. On |
24 | account of volunteer [firemen] firefighters who become members |
25 | of the pension fund, the board of trustees of the volunteer fire |
26 | company employing and paying them shall annually contribute to |
27 | the board of pensions a sum equal to the same percentage of its |
28 | participating payroll as the amount contributed by the city for |
29 | the same year bears to its participating payroll. |
30 | Section 4349. Application.--(a) The benefits conferred by |
|
1 | this subdivision [of this article] shall apply to all persons |
2 | employed in any capacity by, or holding positions in, or, in the |
3 | case of a volunteer [fireman] firefighter, rendering services |
4 | recognized and accepted by, the cities creating a pension fund |
5 | and pension board in accordance with its provisions, but this |
6 | subdivision shall not apply to employes of [such] departments, |
7 | bureaus, or offices as are otherwise protected by pension |
8 | authorized by this act. |
9 | (b) Any volunteer [fireman] firefighter may become a member |
10 | of [such] a pension fund, as of the date of his or her original |
11 | employment or of the inception of the pension fund, whichever is |
12 | later, upon his or her making back contributions, and if the |
13 | volunteer fire company or board of trustees thereof employing |
14 | and paying him or her agrees to contribute and contributes to |
15 | the pension fund, from time to time, the sums hereinbefore |
16 | required. |
17 | Section 376. Sections 4350 and 4351 of the act are reenacted |
18 | to read: |
19 | Section 4350. Computation of Time of Service.--The time of |
20 | service herein specified, namely, twenty years, shall be |
21 | computed from the time of the first or original employments, |
22 | said employment to consist of service to the city and need not |
23 | be continuous. |
24 | Section 4351. Funds Payable to be Free of Attachment.--The |
25 | compensation or pension herein mentioned shall not be subject to |
26 | attachment or execution, and shall be payable only to the |
27 | beneficiary designated, and shall not be subject to assignment |
28 | or transfer. |
29 | Section 377. Section 4352 of the act, amended August 17, |
30 | 1951 (P.L.1251, No.292), is amended to read: |
|
1 | Section 4352. Definitions.--The term or phrase "employe," |
2 | "employed," "employed by the city," or "in the employment of any |
3 | city," as used in this subdivision, is meant to include all |
4 | persons in the service of cities creating a pension fund and a |
5 | pension board in accordance with the provisions thereof, who are |
6 | not now otherwise protected by pensions authorized by this act, |
7 | and any volunteer [fireman] firefighter who becomes a member of |
8 | the pension fund. |
9 | "Volunteer [fireman] firefighter" shall mean a driver of |
10 | fire-fighting apparatus or ambulances, regularly employed and |
11 | paid by a volunteer fire company, rendering services recognized |
12 | and accepted by a city. |
13 | Section 378. Section 4353 of the act, amended July 5, 2005 |
14 | (P.L.70, No.28), is reenacted to read: |
15 | Section 4353. Beneficiaries of Fund not to be Employed by |
16 | City.--No person or persons who shall have become a beneficiary |
17 | shall be employed by the said city in any capacity. Subject to |
18 | the provisions of section 4361, nothing herein shall be |
19 | construed as prohibiting a person or persons who shall have |
20 | become a beneficiary from serving in an elective city office. |
21 | Section 379. Article XLIII subdivision (d) heading and |
22 | section 4361 of the act, added July 5, 2005 (P.L.70, No.28), are |
23 | reenacted to read: |
24 | (d) Beneficiaries Serving in Elective Office |
25 | Section 4361. Right to a Pension if Salary Refused.--In any |
26 | city governed by the provisions of this act, the act of July 15, |
27 | 1957 (P.L.901, No.399), known as the "Optional Third Class City |
28 | Charter Law," or 53 Pa.C.S. Pt. III Subpt. E (relating to home |
29 | rule and optional plan government), a beneficiary serving in an |
30 | elective city office shall not be prohibited from receiving a |
|
1 | pension for any month in which he or she does not accept a |
2 | salary from serving in the elective office. |
3 | Section 380. Article XLIV heading of the act is reenacted to |
4 | read: |
5 | ARTICLE XLIV |
6 | CIVIL SERVICE |
7 | Section 381. Section 4401 of the act is amended to read: |
8 | Section 4401. Examinations Required of All Appointees.--No |
9 | person or persons may be appointed to any [position whatever in |
10 | the police department, or in the engineering department or |
11 | electrical department, except as otherwise provided by law, or |
12 | in the position of building inspector, or as health officers |
13 | other than registered physicians, or as sanitary policemen or |
14 | inspectors of the health department] uniformed position in the |
15 | police or fire departments, excluding chiefs, deputy chiefs and |
16 | similar senior officers, without having first passed all the |
17 | examinations hereinafter provided for[,] and without having been |
18 | appointed in the manner and according to the terms and |
19 | provisions and conditions of this article. |
20 | Section 382. Section 4402 of the act, amended April 18, 1978 |
21 | (P.L.37, No.19), is amended to read: |
22 | Section 4402. Appointment of Examining [Boards] Board.-- |
23 | There shall be [the following civil service boards in each city: |
24 | (a) A board for] a civil service board in each city that shall |
25 | provide for and oversee the examination of applicants for |
26 | appointment to and promotion to any position in the police |
27 | [department; (b) a board for the examination of applicants for |
28 | appointment as health officers other than registered physicians, |
29 | or as sanitary policemen or inspectors of the health department; |
30 | (c) a board for the examination of applicants for appointment to |
|
1 | any position in the engineering or electrical departments, |
2 | except as otherwise provided for by law, or to the position of |
3 | building inspectors. |
4 | Each of said boards shall consist of three citizens, who |
5 | shall be elected] or fire departments. The board shall consist |
6 | of three citizens who shall be appointed by council for terms of |
7 | four years or until their successors are [elected and qualified] |
8 | appointed and qualified except for the initial appointment of |
9 | board members as provided for in section 4403. Any person who is |
10 | a registered elector of the city may be appointed to [one or |
11 | more of said boards] the board. No city officer, official or |
12 | employe shall be eligible for appointment to [any] the civil |
13 | service board. |
14 | Section 383. The act is amended by adding a section to read: |
15 | Section 4402.1. Existing Civil Service Positions.--All |
16 | nonuniformed employes in city positions that were subject to |
17 | civil service regulation immediately prior to the effective date |
18 | of this section shall continue to be subject to civil service |
19 | regulation otherwise provided in this article for uniformed |
20 | employes with regard to the nonuniformed positions. |
21 | Section 384. Section 4403 of the act is amended to read: |
22 | Section 4403. Terms; Filling of Vacancies; Compensation; |
23 | Quorum.--[At the first election in newly created cities, council |
24 | shall elect to each of said boards] In a city in which the civil |
25 | service board is first established, terms of members of the |
26 | board shall be staggered. Council shall initially appoint to the |
27 | board one person to serve for two years, one person to serve for |
28 | three years, and one person to serve for four years. Upon the |
29 | expiration of the term of any member [of any of said boards, in |
30 | any city, one person shall be elected] a successor shall be |
|
1 | appointed by the city council to serve upon [said] the board for |
2 | [the] a term of four years. If any vacancies occur, they shall |
3 | be filled by the city council for the unexpired term. Each of |
4 | [said] the members, before entering upon the duties of [his] |
5 | office, shall take and subscribe to the oath of office |
6 | prescribed by [this act] 53 Pa.C.S. § 1141 (relating to form of |
7 | oaths of office) and file the same, duly certified by the |
8 | officer administering it, with the [controller of the city] city |
9 | administrator or, in cities without a city administrator, the |
10 | city clerk. No salary or other compensation shall be paid to any |
11 | member of the [said boards] board. Two members of the board |
12 | shall constitute a quorum necessary for the transaction of |
13 | business of that board. [Said boards] The board shall organize |
14 | for the purpose of transacting all business immediately after |
15 | [their first appointment and, from time to time,] the first |
16 | appointments and thereafter as new appointments to [such] the |
17 | board are made. After organizing, the board shall elect one of |
18 | its members as chairperson and one as secretary. |
19 | Section 385. The act is amended by adding sections to read: |
20 | Section 4403.1. Alternate Board Members.--Council may |
21 | appoint no more than three qualified electors of the city to |
22 | serve as alternate members of the civil service board. The term |
23 | of office of the alternate members shall be four years. If, by |
24 | reason of absence or disqualification of a member, a quorum is |
25 | not reached, the chairperson shall designate as many alternate |
26 | members of the board to sit on the board as may be needed to |
27 | provide a quorum. When seated pursuant to this section, an |
28 | alternate shall be entitled to participate in all proceedings |
29 | and discussions of the board to the extent as provided by law |
30 | for board members, including specifically the right to cast a |
|
1 | vote as a voting member during the proceedings, and shall have |
2 | all the powers and duties set forth in this act and as otherwise |
3 | provided by law. Any alternate member of the board shall |
4 | continue to serve on the board in all proceedings involving the |
5 | matter or case for which the alternate was initially designated |
6 | until the board has made a final determination of the matter or |
7 | case. Designation of an alternate pursuant to this section shall |
8 | be made on a case-by-case basis in rotation according to |
9 | declining seniority among all alternates. Alternates shall hold |
10 | no other office in the city. Any alternate may participate in |
11 | any proceeding or discussion of the board but shall not be |
12 | entitled to vote as a member of the board unless designated as a |
13 | voting alternate member pursuant to this section. |
14 | Section 4403.2. Investigations and Subpoenas.--(a) The |
15 | board shall have the power to make investigations concerning all |
16 | matters relating to the administration and enforcement of its |
17 | rules and regulations. The chairperson shall be authorized to |
18 | administer oaths and affirmations for witnesses testifying in |
19 | matters before the board. |
20 | (b) The board shall have the power to issue subpoenas over |
21 | the signature of the chairperson or designee and to require the |
22 | attendance of witnesses and the production of records and papers |
23 | pertaining to matters before the board, including any background |
24 | investigation conducted pursuant to any applicable rules and |
25 | regulations. |
26 | Section 386. Section 4404 of the act is amended to read: |
27 | Section 4404. Rules and Regulations; Examinations.--[Each of |
28 | said boards shall prepare and adopt such rules and regulations |
29 | to cover the selection and appointment of all persons as |
30 | hereinbefore provided, to be hereafter employed or appointed in |
|
1 | said cities, as in the judgment of said boards shall be best |
2 | adapted to securing the best service for the public. Such rules |
3 | and regulations] (a) The board shall have the power and its |
4 | duty shall be to prepare and adopt rules and regulations, |
5 | subject to approval by council, which, in the board's |
6 | discretion, are best adapted to securing and maintaining the |
7 | best service for the public for the selection, appointment and |
8 | promotion of persons who are qualified to perform the work which |
9 | is the subject of the civil service examination as provided in |
10 | this article, and who are to be employed, appointed or promoted |
11 | by the city. The rules and regulations adopted by the board |
12 | shall provide for ascertaining and determining, so far as |
13 | possible, [the physical qualifications, habits, reputation, |
14 | standing, experience and education of all applicants for such |
15 | positions, respectively; and they] the knowledge, skills, |
16 | aptitude, mental and physical abilities, experience, education |
17 | and character of all applicants as these criteria would |
18 | reasonably apply to the respective positions; and the rules and |
19 | regulations shall provide for examinations upon any and all |
20 | subjects deemed proper or necessary by [said boards] the board |
21 | for the purpose of determining [their qualifications for the |
22 | position sought and applied for] the qualifications of |
23 | applicants for the respective positions sought and for which |
24 | application is made. |
25 | (b) The civil service board shall, in accordance with this |
26 | act, adopt rules and regulations concerning the following |
27 | matters that may include: |
28 | (1) minutes of proceedings; |
29 | (2) rules of procedure; |
30 | (3) records of examinations; |
|
1 | (4) annual report to council; |
2 | (5) notice of the rules and regulations and any amendments |
3 | or repeals to the rules and regulations; |
4 | (6) application forms; |
5 | (7) further provisions concerning the duties of the |
6 | chairperson and secretary; |
7 | (8) appointment of examiners; and |
8 | (9) other administrative matters. |
9 | Section 387. Section 4404.1 of the act, added October 19, |
10 | 2010 (P.L.533, No.77), is amended to read: |
11 | Section 4404.1. Physical and Psychological Medical |
12 | Examinations.--(a) [A] The board may require that an applicant |
13 | conditionally appointed in accordance with section 4406 of this |
14 | act undergo a physical or psychological medical examination as a |
15 | condition of permanent appointment. Physical medical |
16 | examinations, if required, shall be under the direction of a |
17 | physician or other qualified medical professional. Psychological |
18 | medical examinations, if required, shall be under the direction |
19 | of a psychiatrist or psychologist. |
20 | (b) A physician, other qualified medical professional, |
21 | psychiatrist or psychologist shall be appointed by council and |
22 | shall render an opinion as to whether the conditional appointee |
23 | has a physical or mental condition which calls into question the |
24 | individual's ability to perform all of the essential functions |
25 | of the position for which the individual was conditionally |
26 | appointed. |
27 | (c) If the opinion rendered by the physician, other |
28 | qualified medical professional, psychiatrist or psychologist |
29 | calls into question the conditional appointee's ability to |
30 | perform all essential functions of a position, the director of |
|
1 | the department within which the position is to be filled shall |
2 | meet with the conditional appointee for the purpose of having |
3 | one or more interactive discussions on whether the conditional |
4 | appointee can, with or without reasonable accommodation, perform |
5 | all the essential functions of the position. |
6 | (d) If, at the conclusion of the interactive discussion |
7 | under subsection (c), the department director determines that |
8 | the conditional appointee is not qualified, the department |
9 | director shall give written notice to the conditional appointee |
10 | and the board. |
11 | (e) Nothing in this act shall be construed to authorize |
12 | physical or psychological medical examinations prior to |
13 | conditional appointment in accordance with section 4406 of this |
14 | act. |
15 | (f) As used in this section, the following definitions shall |
16 | apply: |
17 | "Medical examination" shall mean any examination, procedure, |
18 | inquiry or test designed to obtain information about medical |
19 | history or a physical or mental condition which might disqualify |
20 | an applicant if it would prevent the applicant from performing, |
21 | with or without reasonable accommodation, all of the essential |
22 | functions of the position. |
23 | "Physician" shall have the meaning given to it in 1 Pa.C.S. § |
24 | 1991 (relating to definitions). |
25 | "Qualified medical professional" shall mean an individual, in |
26 | collaboration with or under the supervision or direction of a |
27 | physician, as may be required by law, who is licensed: |
28 | (1) as a physician assistant pursuant to the act of December |
29 | 20, 1985 (P.L.457, No.112), known as the "Medical Practice Act |
30 | of 1985," or the act of October 5, 1978 (P.L.1109, No.261), |
|
1 | known as the "Osteopathic Medical Practice Act"; or |
2 | (2) as a certified registered nurse practitioner pursuant to |
3 | the act of May 22, 1951 (P.L.317, No.69), known as "The |
4 | Professional Nursing Law." |
5 | Section 388. Section 4405 of the act, amended October 19, |
6 | 2010 (P.L.533, No.77), is repealed: |
7 | [Section 4405. Grading for Discharged Servicemen.--When any |
8 | person who was engaged in the military service of the United |
9 | States during any military engagement in which the United States |
10 | participated, and has an honorable discharge therefrom, shall |
11 | take any examination for appointment, the examination shall be |
12 | marked or graded in the same manner as provided for all other |
13 | examinations. When the examination of the discharged individual |
14 | is completed and graded, if the grade is passing, the grading or |
15 | percentage as the examination merits shall be increased by |
16 | fifteen per centum, and the total mark or grade shall represent |
17 | the final grade or classification of the discharged individual |
18 | and shall determine the individual's order of standing on the |
19 | eligibility list. For the purpose of this article: |
20 | (1) "Military service" means the army, navy, marines, air |
21 | force, coast guard, and any branch or unit thereof. |
22 | (2) "Servicemen" means members of the military service, |
23 | including women. |
24 | (3) "Military engagement" includes land, naval and air |
25 | engagements.] |
26 | Section 389. The act is amended by adding a section to read: |
27 | Section 4405.1. Veterans' Preference.--In accordance with 51 |
28 | Pa.C.S. Ch. 71 (relating to veterans' preference) the following |
29 | shall apply to the appointment of a uniformed civil service |
30 | position: |
|
1 | (1) A veteran who meets the qualifications for and |
2 | conditions of the position under uniform eligibility rules, |
3 | which include successful passage of an examination, shall |
4 | receive an additional ten points on the examination pursuant to |
5 | 51 Pa.C.S. § 7103(a) (relating to additional points in grading |
6 | civil service examinations). |
7 | (2) If, after the additional ten points are granted, a |
8 | veteran is on the list of three eligible applicants, the veteran |
9 | shall receive a preference in hiring over nonveterans on that |
10 | list. |
11 | (3) The preference provided by this section shall constitute |
12 | the only preference with regard to a uniformed civil service |
13 | position to which a veteran is entitled under this act. |
14 | Section 390. Sections 4406 and 4406.1 of the act, amended or |
15 | added October 19, 2010 (P.L.533, No.77), are amended to read: |
16 | Section 4406. Selection of Appointee from Certified List of |
17 | Applicants.--[The boards] The following shall apply to civil |
18 | service selection, conditional appointments and appointments and |
19 | shall be incorporated by reference in the rules and regulations |
20 | of the board: |
21 | (1) The civil service board shall make and keep, in |
22 | numerical order, a list containing the names of all applicants |
23 | for civil service positions in the city who [may] pass the |
24 | required examinations, including any required physical fitness |
25 | or agility examinations that are job-related and consistent with |
26 | business necessity. [Where] |
27 | (2) Physical fitness or agility examinations shall be |
28 | conducted on a pass-fail basis. |
29 | (3) Written and oral examinations used to establish an |
30 | eligibility list shall offer the opportunity to achieve one |
|
1 | hundred points. |
2 | (4) If both written and oral examination methods are used in |
3 | conjunction with each other, the board, prior to initiating |
4 | testing, shall establish what constitutes a passing score on |
5 | each portion of the examination. If only a written examination |
6 | method is used, the board shall establish the passing score |
7 | before the examination is conducted. |
8 | (5) When more than one person takes examinations for any |
9 | position at the same time, the names of all those successfully |
10 | passing the examination shall be entered upon the eligibility |
11 | list in the order of their respective [percentages] point |
12 | totals, the highest coming first. |
13 | (6) The board shall furnish to council a certified copy of |
14 | all lists so prepared and kept. [Wherever any vacancy shall |
15 | occur in any civil service position in the city, the city |
16 | council] Such lists shall be maintained for a period of two |
17 | years or until a new list is certified to council, whichever |
18 | occurs first. |
19 | (7) Whenever council shall determine an appointment is to be |
20 | made to a civil service position in the city, the director of |
21 | the department in which the appointment is to be made shall make |
22 | written application to the [president of the proper] chair of |
23 | the board, who shall forthwith certify to the city council, in |
24 | writing, the three names on the eligibility list of applicants |
25 | for the position having the highest [percentage, but if there |
26 | be] number of points, unless there are less than three eligible |
27 | names on the list, in which event the board shall certify the |
28 | names. The director of the department in which the appointment |
29 | is to be made shall nominate to the city council a person from |
30 | the eligibility list submitted to fill the vacancy. |
|
1 | (8) If the city council approves the nomination, the person |
2 | nominated shall be conditionally appointed by council to fill |
3 | the vacancy, and shall be assigned for service in the |
4 | department, subject to any required physical or psychological |
5 | medical examinations that may be required by the [appropriate |
6 | examining] board as a condition of permanent appointment in |
7 | accordance with section 4404.1 of this act. |
8 | (9) If the council does not approve the nomination, or if |
9 | the appointee is determined by the medical examination process |
10 | to be unqualified, then the director of the department in which |
11 | the appointment is to be made shall submit another nomination |
12 | for the position from the remaining names, if any[, and if]. If |
13 | the nomination is not approved by the council, or if the |
14 | appointee is determined by the medical examination process to be |
15 | unqualified, the director shall submit the third name, if any. |
16 | (10) The person whose nomination by the director is approved |
17 | by the city council shall be appointed to fill the [position in |
18 | the department or as building inspector] civil service position |
19 | under consideration. |
20 | (11) The name of the person so appointed shall be |
21 | immediately stricken from the [eligibility] certified list of |
22 | the board, and, except as otherwise provided in this clause, the |
23 | names of the [rejected] nonappointed persons shall immediately |
24 | be restored to their proper place on the [eligibility list: |
25 | Provided, however, That if] certified list. If the name of any |
26 | applicant has been submitted to the council and been rejected |
27 | three times or the [appointee] council and the conditional |
28 | applicant has not been appointed for three such times or the |
29 | conditional applicant has been determined by the medical |
30 | examination process to be unqualified, then the name shall be |
|
1 | stricken from the [eligibility] certified list. |
2 | (12) Examinations for promotions for civil service positions |
3 | in the city shall be pursuant to section 4406.1 of this act. |
4 | (13) As used in this section, the term "medical examination" |
5 | shall have the meaning given it in section 4404.1 of this act. |
6 | Section 4406.1. Promotions.--(a) The [civil service boards |
7 | may recommend those in the employ of a department for promotion |
8 | if the person recommended is competent for the higher position. |
9 | If an examination is required, the] city council shall notify |
10 | the [applicable] civil service board of a civil service vacancy |
11 | in the city which is to be filled by promotion and shall request |
12 | the certification of an eligibility list as provided in this |
13 | article. The board shall certify for each vacancy the names of |
14 | three persons on the eligibility list who have received the |
15 | highest average in the last preceding promotional examination |
16 | held within the period of two years preceding the date of the |
17 | request for the eligibility list. If three names are not |
18 | available, the board shall certify the names remaining on the |
19 | list. The city council shall make an appointment from the names |
20 | certified, based solely on the merits and fitness of the |
21 | candidates, unless the city council makes objections to the |
22 | board regarding one or more of the persons on the eligibility |
23 | list. The city council shall have power to determine in each |
24 | instance whether an increase in salary shall constitute a |
25 | promotion. |
26 | (b) Notwithstanding subsection (a), the mayor or other |
27 | elected or appointed official of a city that has adopted one of |
28 | the following shall retain the power to promote a candidate |
29 | pursuant to that law: |
30 | (1) An optional charter pursuant to the act of July 15, 1957 |
|
1 | (P.L.901, No.399), known as the "Optional Third Class City |
2 | Charter Law." |
3 | (2) An optional plan pursuant to 53 Pa.C.S. Chs. 30 |
4 | (relating to types of optional plans of government) and 31 |
5 | (relating to general provisions common to optional plans). |
6 | (3) Any other law authorizing or permitting the mayor or |
7 | other elected or appointed official to promote a candidate. |
8 | (c) The provisions of this section shall not apply to the |
9 | mayor's designation or appointment of the chief of police or any |
10 | deputy police chief pursuant to section 2002 or the mayor's |
11 | designation or appointment of a fire chief or any deputy fire |
12 | chief pursuant to section 2101.1. |
13 | Section 391. Section 4407 of the act is amended to read: |
14 | Section 4407. [Tenure; Preference in Appointment to |
15 | Discharged Serviceman; Temporary Appointments.--] Tenure; |
16 | Temporary Appointments.--(a) All appointments made pursuant to |
17 | the provisions of this article shall be for and during good |
18 | behavior, and no employe hired pursuant to the provisions of |
19 | this article shall be removed or transferred for any political |
20 | reasons whatever. [Among those persons possessing qualifications |
21 | and eligibility for appointment, preference in appointment shall |
22 | be given to honorably discharged servicemen and their spouses |
23 | and surviving spouses as provided by law. |
24 | All persons holding appointments in said several departments |
25 | or as building inspectors of said cities, at the time this act |
26 | goes into effect, shall retain their positions without being |
27 | required to pass examination, and be removed only in accordance |
28 | with the provisions of this article.] |
29 | (b) In case of riot or emergency, temporary appointments to |
30 | positions in the civil service may be made without complying |
|
1 | with the provisions of this article. |
2 | Section 392. Section 4408 of the act, amended October 4, |
3 | 1978 (P.L.950, No.188), is amended to read: |
4 | Section 4408. [Suspension and Discharge] Suspension, |
5 | Discharge and Discipline; Reduction of Employes; Appeals.--(a) |
6 | All employes subject to civil service shall be subject to |
7 | suspension, discharge and discipline by the director of the |
8 | department in which the employe works for misconduct[,] or |
9 | violation of any law of this Commonwealth, [any] ordinance of |
10 | the city, or regulation of the department[, pending action by |
11 | the city council upon the charges made against any of such |
12 | employes. On hearing before the city council, where they may be |
13 | represented by counsel, they may be fined or suspended for a |
14 | period not exceeding thirty days with or without pay, or they |
15 | may be discharged by city council, if found guilty of the |
16 | charges made against them. The director of each such department |
17 | may, for misconduct or violation as aforesaid, suspend any |
18 | employe of such department for a period of ten days, with or |
19 | without pay, without preferring charges and without a hearing of |
20 | council; but no employe shall be suspended more than one time |
21 | for the identical or same violation or act of misconduct. If it |
22 | should become necessary to reduce the number of employes in said |
23 | department for purposes of economy, seniority rights shall |
24 | prevail, and any and all removals for such cause or causes shall |
25 | be from the members last appointed, and the member or members |
26 | serving the shortest time shall be removed first; but members |
27 | with longer times of service may be discharged for cause]. Any |
28 | employe aggrieved by the suspension, discharge or discipline |
29 | imposed by a department director more serious than a suspension |
30 | of three days without pay may request a hearing before the city |
|
1 | council, or by the civil service board if designated by |
2 | ordinance. At the hearing, the employe may be represented by |
3 | counsel. |
4 | (a.1) Any civil service employe aggrieved by the [action] |
5 | decision of the council [in fining, suspending or discharging |
6 | him shall have the right to appeal by petition to the court of |
7 | common pleas within thirty days after the suspension or after |
8 | receipt of written notice of such action by council which it |
9 | shall be the duty of the council to give and the court shall |
10 | hear the charges made against him de novo] or the civil service |
11 | board shall have the right to appeal in accordance with 2 |
12 | Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local |
13 | agency action). This review shall be exclusive. Where no such |
14 | appeal is taken within the time prescribed by law, the decision |
15 | by the city council or the civil service board shall become |
16 | final in accordance with the law. The issue before the court |
17 | shall be whether the action of the council or the civil service |
18 | board shall be affirmed or be modified in any respect or whether |
19 | the charges should be dismissed or whether the suspension or |
20 | demotion made by the director shall be affirmed or rescinded. |
21 | Where any [such] employe has been suspended and the charges are |
22 | dismissed or the suspension rescinded on appeal, he or she shall |
23 | receive full compensation for the entire period of suspension. |
24 | (b) In any case in which a police officer or firefighter who |
25 | is a member of a bargaining unit is subject to suspension, |
26 | discharge or discipline, the police officer or firefighter shall |
27 | have the option of challenging the suspension, discharge or |
28 | discipline imposed by using the procedures provided in |
29 | subsection (a) or by a proceeding in grievance arbitration. A |
30 | choice to proceed either by subsection (a) or by grievance |
|
1 | arbitration shall foreclose the opportunity to proceed in the |
2 | alternative method. |
3 | Section 393. Sections 4409 and 4410 of the act are amended |
4 | to read: |
5 | Section 4409. [Secretaries of Boards; Compensation.--Each of |
6 | said civil service boards may] Secretary; Compensation.--The |
7 | civil service board shall appoint a secretary and prescribe his |
8 | [duties. He] or her duties, and shall have the power to change |
9 | these duties. The secretary shall be subject to removal at any |
10 | time by the board [appointing him, and such board shall have |
11 | power to change his duties. The compensation to be paid said |
12 | secretaries and all necessary stationery and supplies for said |
13 | boards shall be such as council shall by ordinance direct]. |
14 | Council shall establish the compensation to be paid to the |
15 | secretary and all necessary stationery and supplies for the use |
16 | of the board shall be supplied by the city. |
17 | Section 4410. Review of Eligibility Lists.--The lists of |
18 | eligible names kept by [each] the civil service board shall be |
19 | annually examined by the board for the purpose of deleting |
20 | therefrom persons who are permanently unavailable for or |
21 | disqualified for the position or positions involved, either by |
22 | death, permanent removal from the area, written desire to be |
23 | removed therefrom, or by other permanent cause[,] in conformity |
24 | with the board's rules and regulations adopted pursuant to |
25 | section [four thousand four hundred four] 4404. |
26 | Section 394. The act is amended by adding an article to |
27 | read: |
28 | ARTICLE XLIV-A |
29 | VETERANS' AFFAIRS |
30 | (a) Support of Veterans' Organizations |
|
1 | Section 4401-A. Appropriations to Post of Veterans.--Council |
2 | may appropriate annually to organizations of veterans of the |
3 | United States armed services or veterans' parents to aid in |
4 | defraying the expenses of Memorial Day and Veterans Day, or |
5 | other expenses such as payment of rent of any building or rooms |
6 | where the organization has its regular meetings. Payments shall |
7 | be made to defray actual expenses only. Before any payment is |
8 | made, the organization receiving the same shall submit verified |
9 | accounts of their expenditures. |
10 | Section 4402-A. Rooms for Meetings of Veterans.--Council may |
11 | provide, upon application, to an organization composed of |
12 | veterans of the United States armed services, a facility in any |
13 | public building of the city, sufficient for the periodic meeting |
14 | of each of the organizations. |
15 | (b) Pennsylvania National Guard |
16 | Section 4411-A. Support of Pennsylvania National Guard |
17 | Units.--Council may appropriate annually a sum for the support |
18 | and maintenance, discipline and training of any troop, company |
19 | or similar unit of the Pennsylvania National Guard. If the units |
20 | are organized as a battalion, regiment or similar organization, |
21 | the total amount due may be paid to the commanding officer of |
22 | the battalion, regiment or similar organization. Any money |
23 | appropriated shall be paid by warrant drawn to the order of the |
24 | commanding officer of the company, battalion, regiment or |
25 | similar organization, only when it shall be certified to the |
26 | city, by the Adjutant General of the Commonwealth, that the |
27 | company has satisfactorily passed the annual inspection provided |
28 | by law. The money appropriated shall be used and expended solely |
29 | and exclusively for the support and maintenance, discipline and |
30 | training of the company, battalion, regiment or similar |
|
1 | organization; and the commanding officer shall account, by |
2 | proper vouchers to the city each year, for the expenditure of |
3 | the money appropriated. No appropriation shall be made for any |
4 | subsequent year until the expenditure of the previous year is |
5 | duly and satisfactorily accounted for. The accounts of the |
6 | expenditures shall be subject to the inspection of the |
7 | Department of Military Affairs, and shall be audited by the city |
8 | controller in the manner provided by this act for the audit of |
9 | accounts of city money. |
10 | Section 4412-A. Appropriation of Money, Et Cetera, to Assist |
11 | in Erection of Armories.--Council may appropriate money or |
12 | convey land, either independently or in conjunction with any |
13 | other political subdivision, to the Commonwealth, for the |
14 | purpose of assisting the State Armory Board in the erection of |
15 | armories for the use of the Pennsylvania National Guard, and to |
16 | furnish water, sewer services, light or fuel free of cost to the |
17 | Commonwealth for use in any armory of the Pennsylvania National |
18 | Guard. Council may do all things necessary to accomplish the |
19 | purpose of this section. |
20 | Section 4413-A. Eminent Domain for National Guard |
21 | Purposes.--Council may take, by right of eminent domain, for the |
22 | purpose of appropriating to itself for the use of the |
23 | Pennsylvania National Guard public lands, easements and public |
24 | property in its possession or control and used or held by it for |
25 | any other purpose. Such right, however, shall not be exercised |
26 | as to any street or wharf. |
27 | Section 4414-A. Lands for Armory Purposes.--Council may |
28 | acquire, by purchase or by gift, or by the right of eminent |
29 | domain, any land for the use of the Pennsylvania National Guard |
30 | and may convey lands so acquired to the Commonwealth in order to |
|
1 | assist the State Armory Board in the erection of armories. The |
2 | power conferred by this section shall not be exercised to take |
3 | any church property, graveyard or cemetery. Lands within three |
4 | miles outside the limits of the city may be acquired in like |
5 | manner for the use of the Pennsylvania National Guard provided |
6 | that if the land is acquired by eminent domain that the taking |
7 | shall be subject to the limitations in 26 Pa.C.S. § 206 |
8 | (relating to extraterritorial takings). |
9 | (c) Burials and Memorials |
10 | Section 4421-A. Purchase of Burial Grounds for Deceased |
11 | Service Persons.--Council may appropriate money for and purchase |
12 | plots of ground in any cemetery or burial ground, within its |
13 | respective city limits, for the interment of deceased service |
14 | persons who die within the city, or die beyond the city but have |
15 | a legal residence within the city at the time of their deaths, |
16 | and whose bodies are entitled to be buried by the county under |
17 | the provisions of existing laws. |
18 | Section 4422-A. Care of Memorials.--Council may take charge |
19 | of, care for, maintain and keep in good order and repair, at the |
20 | expense of the city, any soldier's monument, gun or carriage or |
21 | similar memorial, situate in the city which is not in the charge |
22 | or care of any person, body or organization and which is not put |
23 | up or placed by the Government of the United States, the |
24 | Commonwealth or the commissioners of the county or by the |
25 | direction or authority of any other state. Council may receive |
26 | from any person or organization any money or funds which can be |
27 | used for the benefit of the memorials, and expend the money. |
28 | Section 4423-A. Memorial Trees.--Council may provide for or |
29 | authorize provision for memorial trees for residents of the city |
30 | who died while in the military service of the United States or |
|
1 | in consequence thereof. Council may make appropriations or |
2 | accept contributions for this purpose. Such trees shall bear |
3 | some permanent indication of their purpose. |
4 | Section 4424-A. Penalty for Injury to Memorial Trees.--Any |
5 | person wilfuly, maliciously or negligently destroying or |
6 | injuring any trees planted pursuant to the provisions of section |
7 | 4423-A shall be guilty of a misdemeanor and, upon conviction, |
8 | shall be liable to a fine not exceeding five hundred dollars, or |
9 | imprisonment not exceeding three months, or both, in the |
10 | discretion of the court. |
11 | Section 395. Article XLV heading and sections 4501, 4502, |
12 | 4503, 4504 and 4505 of the act are repealed: |
13 | [ARTICLE XLV |
14 | CHARITIES AND WELFARE |
15 | Section 4501. Creation of Department of Charity.--Council, |
16 | by ordinance, may create a bureau for the purpose of |
17 | administering charity and for support of the poor, create any |
18 | office which may be deemed necessary for the proper government, |
19 | support, and management of said bureau, and regulate and |
20 | prescribe the powers, duties, and compensation of all such |
21 | officers. Such bureau shall have the care, management, |
22 | administration, and supervision of the charities, almshouses, |
23 | poorhouses, and the relief of the poor of the city, subject, |
24 | however, to the control of the council. |
25 | Section 4502. Power to Levy Special Tax.--Council may levy a |
26 | tax annually, not exceeding ten mills on the dollar, on all |
27 | persons and property taxable by the city for city purposes, for |
28 | the support of said bureau. |
29 | Section 4503. Hospitals; Appropriations; Free Treatment for |
30 | Poor.--Any city may acquire, by gift, devise, or bequest, lands, |
|
1 | chattels, securities and funds for the establishment and |
2 | maintenance of a hospital, for the purposes of caring for the |
3 | sick and injured residents of such city and the vicinity |
4 | thereof, and, for such purposes, to appropriate and expend money |
5 | of the city: Provided, That the poor residents of such city |
6 | shall receive free treatment to the extent that it is possible |
7 | to provide for same with the means available. Such hospital, or |
8 | any ward therein, may be named in accord with the wishes of any |
9 | person making a substantial donation thereto by will or |
10 | otherwise. |
11 | Section 4504. Appointment of Trustees for Gifts; Powers.-- |
12 | Such gifts, devises, bequests and appropriated funds shall be |
13 | under the supervision of a board of trustees, to be appointed by |
14 | council, consisting of at least nine trustees, three of whom |
15 | shall be members of council, three of whom shall be licensed and |
16 | practicing physicians in such city and the vicinity thereof, and |
17 | the remainder of which board shall consist of residents of such |
18 | city and vicinity thereof. Said appointments shall at all times |
19 | be made subject to the approval of the orphans' court of the |
20 | county in which said city is situated. Said board of trustees |
21 | shall at all times be subject to the resolutions of council and |
22 | the jurisdiction of said court, which shall have power to remove |
23 | any of them upon petition of such city. Any vacancy in such |
24 | board may be filled by a new appointment in manner aforesaid. |
25 | Said board of trustees shall make reasonable rules for the |
26 | management of such hospital, and appoint and remove the |
27 | physicians, surgeons, nurses, and other employes necessary for |
28 | the conduct thereof. |
29 | Section 4505. Appropriations or Other Assistance for |
30 | Hospitals.--Council may make appropriations for the support or |
|
1 | assistance of hospitals within or near the city or, in lieu |
2 | thereof, council may provide for services to such hospitals at |
3 | the city's expense and with materials or equipment of the city.] |
4 | Section 396. The act is amended by adding an article to |
5 | read: |
6 | ARTICLE XLV-A |
7 | ASSESSMENTS FOR PUBLIC IMPROVEMENTS |
8 | Section 4501-A. Authority to Assess.--(a) In cases in which |
9 | one or more properties are benefited from a public improvement, |
10 | unless otherwise provided for in this act, a city shall be |
11 | authorized to assess, as provided in this article, all or any |
12 | portion of the costs of the public improvement, including any |
13 | related administrative fees, against those properties that are |
14 | benefited by the public improvement. |
15 | (b) Unless otherwise provided in this act, in addition to |
16 | the authority to assess the cost of public improvements against |
17 | properties benefited, a city shall have the power to pay for the |
18 | cost of public improvements, in whole or in part, from general |
19 | city funds or, if authorized, from a special city fund dedicated |
20 | to that purpose. |
21 | (c) If a city incurs indebtedness pursuant to 53 Pa.C.S. Pt. |
22 | VII Subpt. B (relating to indebtedness and borrowing) for the |
23 | purposes of funding the cost and expense of making public |
24 | improvements for which assessments can be made in accordance |
25 | with this article, and assessments are made, payments made on |
26 | the assessments must be applied to pay the debt service for the |
27 | indebtedness incurred for funding the cost and expense of making |
28 | the public improvements. |
29 | (d) As used in this article, unless the context clearly |
30 | indicates otherwise, the term "public improvement" may include, |
|
1 | but shall not be limited to, the building, paving, grading, |
2 | rebuilding, repaving and regrading of streets, sidewalks, curbs |
3 | and gutters; the creation, extension and renovation of water and |
4 | sewerage collection, transmission, treatment and disposal |
5 | systems; the creation, extension and renovation of storm, |
6 | surface and subsurface drainage systems; the construction, |
7 | reconstruction and repair of wharves and docks; the installation |
8 | of pipes, wires and conduits relating to city-supplied utility |
9 | services; the installation, maintenance or operation of |
10 | ornamental street lighting; or the planting, maintaining, |
11 | trimming, transplanting, removal and protection of shade trees. |
12 | Section 4502-A. Method of Assessment.--(a) In any case in |
13 | which council elects to exercise the power to make assessments |
14 | for a given public improvement as authorized in section 4501-A, |
15 | it shall, by ordinance and in conformity with this article, |
16 | establish the method and procedure pursuant to which assessments |
17 | shall be made. |
18 | (b) Council may, by ordinance, determine to make the |
19 | assessment by any means that results in fairly allocating all or |
20 | a portion of the costs and expenses of the public improvement |
21 | among all properties benefited thereby in reasonable proportion |
22 | to the benefits conferred upon each property. The methods that |
23 | may be used to make assessments in accordance with this |
24 | subsection may include, but shall not be limited to, an equal |
25 | assessment per front foot, lot, parcel, dwelling unit or square |
26 | foot or by an assessment made by viewers. |
27 | (c) If the front foot method is used: |
28 | (1) The cost to be collected shall be divided by the total |
29 | number of linear feet of street frontage of all properties |
30 | benefited. |
|
1 | (2) The assessment against each property shall be that |
2 | portion of the cost which is determined by multiplying the |
3 | dividend under clause (1) by the number of linear feet for |
4 | street frontage of that property. |
5 | (3) Council shall have the power and its duty shall be, in |
6 | the case of corner or irregularly shaped lots or where special |
7 | conditions exist, to provide for an equitable adjustment, as |
8 | necessary, to prevent an unjust or excessive assessment. |
9 | (d) In order to pay for all or a portion of the cost or |
10 | expenses of a public improvement, council may determine to |
11 | assess properties benefited based upon a report of viewers. |
12 | Three disinterested persons shall be appointed by council as |
13 | viewers. A majority of the viewers shall assess the cost against |
14 | each property benefited in reasonable proportion to the benefits |
15 | conferred upon each property. The viewers, or a majority of |
16 | them, shall make a report in writing which shall specify the |
17 | amount assessed upon each property and shall present the report |
18 | directly to council or file it with the city clerk, as council |
19 | directs. |
20 | Section 4503-A. Notice of Assessment.--(a) After the |
21 | amounts to be assessed against the properties to be benefited by |
22 | the public improvement have been calculated pursuant to the |
23 | method and procedures as prescribed by ordinance, the city shall |
24 | give personal notice of the assessment to the owner of each |
25 | property that is being assessed. The notice shall also state |
26 | that the owner has thirty days from receipt of the notice to |
27 | appeal the assessment. |
28 | (b) An assessment made pursuant to this article shall become |
29 | effective thirty days after personal notice is given by any of |
30 | the following means: |
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1 | (1) Personal service on the owner. |
2 | (2) Certified mail, addressee only, return receipt |
3 | requested, to the owner at the owner's last known address. |
4 | (3) Posting notice at or upon the property, after reasonable |
5 | attempts to give personal notice pursuant to clauses (1) and (2) |
6 | have failed. |
7 | Section 4504-A. Appeals to Court.--Within thirty days after |
8 | receipt of the notice of assessment, an owner of property shall |
9 | have the right to appeal the assessment to the court of common |
10 | pleas in the county in which the assessed property is located. |
11 | On appeal, unless the court finds fraud, mistake or illegality, |
12 | the court shall be restricted to determining the questions of |
13 | whether the property assessed received any special benefits from |
14 | the improvement and whether the assessment made exceeds the |
15 | special benefits received. |
16 | Section 4505-A. Benefits and Damages.--In any proceeding in |
17 | which damages to property are being sought as a result of a |
18 | public improvement for which an assessment of benefits has been |
19 | made, the excess of damages over benefits, or the excess of |
20 | benefits over damages, or nothing in case the benefits and |
21 | damages are equal, shall be awarded to or assessed against the |
22 | owner of land and property affected by the public improvement. |
23 | Section 4506-A. Return by City of Assessments Paid on |
24 | Property Unlawfully Assessed.--The following shall apply with |
25 | regard to the return of payments made on an unlawful assessment: |
26 | (1) If, after a timely appeal, a court makes a final |
27 | determination that a property was unlawfully assessed or that |
28 | the amount assessed exceeded, to a substantial amount, the |
29 | benefits received by the property assessed from the public |
30 | improvement, a city that received money in payment of the |
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1 | assessment shall repay the money in an amount as ordered by the |
2 | court. |
3 | (2) Within two years of receiving payment of an assessment, |
4 | the city may repay such money voluntarily if the city determines |
5 | that the assessment or part thereof was made erroneously. |
6 | (3) Repayments to property owners pursuant to clause (1) or |
7 | (2) shall include interest from the date of payment of the |
8 | unlawful or erroneous assessment at the rate of interest that is |
9 | provided for in 53 Pa.C.S. § 8426 (relating to interest on |
10 | overpayment). |
11 | Section 4507-A. Payment of Assessments in Installments.--(a) |
12 | An ordinance providing for a public improvement the expense of |
13 | which is to be defrayed by an assessment against properties |
14 | benefited by the public improvement may authorize the payment of |
15 | the assessments in installments. The ordinance shall set a time |
16 | when the installment payments shall commence and shall specify |
17 | the length of time over which the installments may be extended |
18 | and whether payments are to be made by equal annual or more |
19 | frequent installments. The period during which installments may |
20 | be paid shall not exceed the lesser of ten years or the number |
21 | of years equal to the period of maturity of the bonds issued to |
22 | fund the public improvement. |
23 | (b) The ordinance shall set forth the rate of interest for |
24 | the installments, which shall not be more than ten per centum |
25 | per annum unless a bond is issued for the improvement, in which |
26 | case the maximum interest rate on the installment payments shall |
27 | be pursuant to section 9 of the Municipal Claim and Tax Lien |
28 | Law. |
29 | (c) The city shall enter into a written installment |
30 | agreement with each property owner that will pay the assessment |
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1 | in installments, subject to the requirements of the ordinance |
2 | pertaining to such agreements and this article. |
3 | (d) If any of the installments shall remain unpaid for sixty |
4 | days after the same has become due and payable, the entire |
5 | unpaid assessment plus unpaid accrued interest and any costs |
6 | shall be due and payable and the city may proceed to collect |
7 | them by filing a lien in the same manner as municipal claims are |
8 | filed or by action in assumpsit. |
9 | (e) Any property owner upon whom an assessment has been made |
10 | may pay all or as many of the installments before they are due, |
11 | with interest and costs to the due date of the next installment. |
12 | Section 4508-A. Collection of Assessments.--(a) Council |
13 | shall have the power to authorize the city treasurer or other |
14 | city official to collect assessments. |
15 | (b) The following shall apply to the collection of |
16 | assessments: |
17 | (1) A city may collect an assessment that remains unpaid for |
18 | sixty days after personal notice was given pursuant to section |
19 | 4503-A, unless an installment agreement has been entered into |
20 | pursuant to section 4507-A. |
21 | (2) An assessment made pursuant to this article may be |
22 | collected in the same manner as municipal claims in the |
23 | Municipal Claim and Tax Lien Law or by an action of assumpsit |
24 | against the owner of the property benefited. |
25 | (3) Interest on an unpaid assessment shall begin to accrue |
26 | from the time of completion of the improvement at a rate of ten |
27 | per centum per annum unless a bond is issued for the |
28 | improvement, in which case the maximum interest rate shall be |
29 | pursuant to section 9 of the Municipal Claim and Tax Lien Law. |
30 | (4) If a property owner has two or more lots against which |
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1 | there is an assessment for the same improvement, all of the lots |
2 | may be embraced in one claim. |
3 | (5) Assessments, whether paid one time or by installments, |
4 | shall be payable at the office of the city treasurer or any |
5 | other place designated by ordinance. |
6 | Section 397. Article XLVI heading of the act is reenacted to |
7 | read: |
8 | ARTICLE XLVI |
9 | COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND |
10 | COMPROMISE OF CLAIMS |
11 | Section 398. Section 4601 of the act, amended July 25, 1963 |
12 | (P.L.283, No.153), is amended to read: |
13 | Section 4601. Collection of Municipal Claims by Suit.--In |
14 | addition to the remedies provided by this act or any other law |
15 | for the filing of liens for the collection of municipal claims, |
16 | all cities may proceed for the recovery and collection of |
17 | municipal claims by action of assumpsit against the person or |
18 | persons who were the owner or owners of the property at the time |
19 | of the completion of the improvement, notwithstanding the fact |
20 | that there was a failure on the part of [any such] the city, or |
21 | its agents, to enter [any such] the municipal claim as a lien |
22 | against the property assessed for the improvement[, and for the |
23 | recovery of which the action of assumpsit was brought]. Any such |
24 | action in assumpsit shall be commenced within six years after |
25 | the completion of the improvement from which [said] the claim |
26 | arises. |
27 | This section shall extend to all municipal claims [where the |
28 | improvement was] for improvements heretofore made, where the |
29 | action of assumpsit has been instituted under the provisions of |
30 | prior acts of Assembly, and where the claim was not barred by |
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1 | the statute of limitations affecting actions of assumpsit. |
2 | Section 399. Section 4602 of the act is amended to read: |
3 | Section 4602. Compromise of Municipal Claims[; Court |
4 | Approval.--Whenever].--(a) If any city has any municipal claim |
5 | entered in the office of the prothonotary as a lien against real |
6 | estate, [which said] and if the claim has existed for ten years |
7 | or more, council may[, with the approval of the court of common |
8 | pleas,] agree with the owner of [such] the real estate to |
9 | accept, in compromise or reduction of the amount of the claim |
10 | and the interest charges, expenses and fees added thereto and |
11 | due thereon, any sum less than the whole of such amount so due. |
12 | (b) Upon receipt of the compromise amount as agreed upon, |
13 | the city shall cause the lien to be properly satisfied on the |
14 | record, which satisfaction shall be as effective as if the whole |
15 | amount of the claim, interest, charges, expenses and fees had |
16 | been paid, and the claim shall no longer be a lien against the |
17 | real estate or a claim against the owner thereof. |
18 | (c) The provisions of this section permitting compromise of |
19 | municipal claims shall not apply to or in any manner affect any |
20 | claims, the assessments for which are the sole basis of |
21 | improvement bonds issued by any political subdivision and which |
22 | are the security for the payment thereof, or any claims, the |
23 | assessments for which have heretofore been assigned by any |
24 | political subdivision to any contractor in payment of the amount |
25 | due the contractor under terms of the contract for the |
26 | improvement for which the assessment was levied. |
27 | Section 400. Sections 4603 and 4604 of the act are repealed: |
28 | [Section 4603. Satisfaction.--Upon receipt of the compromise |
29 | amount so agreed upon and approved, the city shall cause the |
30 | lien to be properly satisfied on the record, which satisfaction |
|
1 | shall be as effective as if the whole amount of the claim, |
2 | interest, charges, expenses and fees had been paid, and such |
3 | claim shall no longer be a lien against the real estate or a |
4 | claim against the said owner thereof. |
5 | Section 4604. Certain Claims Excluded.--The provisions of |
6 | sections four thousand six hundred two and four thousand six |
7 | hundred three shall not apply to or in any manner affect any |
8 | claims, the assessments for which are the sole basis of |
9 | improvement bonds issued by any political subdivision and which |
10 | are the security for the payment thereof, or any claims, the |
11 | assessments for which have heretofore been assigned by any |
12 | political subdivision to any contractor in payment of the amount |
13 | due him under terms of the contract for the improvement for |
14 | which the assessment was levied.] |
15 | Section 401. Article XLVII heading of the act is reenacted |
16 | to read: |
17 | ARTICLE XLVII |
18 | ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE |
19 | Section 402. Section 4701 of the act is amended to read: |
20 | Section 4701. Repeals and Saving Clause.--(a) Nothing |
21 | contained in this act revives any act, or part of any act, |
22 | repealed by the act reenacted, amended or revised by this act. |
23 | (b) The following acts and parts of acts of Assembly are |
24 | hereby repealed as particularly set forth: |
25 | The act, approved the twenty-fifth day of March, one thousand |
26 | eight hundred seventy-eight (Pamphlet Laws 8), entitled "An act |
27 | authorizing cities of the third class to levy and collect taxes |
28 | for park purposes, and curing any defects in previous levies," |
29 | absolutely. |
30 | The act, approved the thirty-first day of May, one thousand |
|
1 | nine hundred nineteen (Pamphlet Laws 358, Number 172), "An act |
2 | to amend section three, article five of the act, approved the |
3 | twenty-seventh day of June, one thousand nine hundred thirteen |
4 | (Pamphlet Laws 568), entitled 'An act providing for the |
5 | incorporation, regulation, and government of cities of the third |
6 | class; regulating nomination and election of municipal officers |
7 | therein; and repealing, consolidating, and extending existing |
8 | laws in relation thereto,' by adding thereto clause forty-nine |
9 | relative to the collection and disposal of garbage, ashes, and |
10 | other waste and refuse matter," absolutely. |
11 | The act, approved the fourth day of June, one thousand nine |
12 | hundred nineteen (Pamphlet Laws 373), entitled "An act to amend |
13 | section three, article five of the act, approved the twenty- |
14 | seventh day of June, one thousand nine hundred thirteen |
15 | (Pamphlet Laws, five hundred and sixty-eight), entitled 'An act |
16 | providing for the incorporation, regulation, and government of |
17 | cities of the third class; regulating nomination and election of |
18 | municipal officers therein; and repealing, consolidating, and |
19 | extending existing laws in relation thereto,' by adding thereto |
20 | clause forty-nine, relative to appropriations for municipal |
21 | music," absolutely. |
22 | The act, approved the tenth day of March, one thousand nine |
23 | hundred twenty-one (Pamphlet Laws 29, Number 10), entitled "An |
24 | act for the relief of certain county treasurers and county tax |
25 | collectors, in the settlement of county, poor, and State taxes, |
26 | in cities of the third class," absolutely. |
27 | The act, approved the twenty-second day of April, one |
28 | thousand nine hundred twenty-seven (Pamphlet Laws 358), entitled |
29 | "An act authorizing and empowering cities of the third class to |
30 | recognize the moral obligation of the city to pay just claims |
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1 | against the city, although under existing laws no legal recovery |
2 | could be had against the city," absolutely. |
3 | Section seven hundred twenty-three of the act, approved the |
4 | first day of May, one thousand nine hundred twenty-nine |
5 | (Pamphlet Laws 905), entitled "An act for the protection of the |
6 | public safety; regulating the use of highways, and the operation |
7 | of vehicles, tractors, street cars, trackless trolley omnibuses, |
8 | bicycles, pedestrians, and the riding of animals upon the |
9 | highways of this Commonwealth; providing for the titling, |
10 | including liens, encumbrances, and legal claims; registration of |
11 | certain vehicles and licensing the operators thereof, upon |
12 | payment of prescribed fees; prescribing and limiting the powers |
13 | of local authorities to deal with the subject matter of this |
14 | act; conferring powers and imposing duties upon the Department |
15 | of Revenue, the Department of Highways, peace officers, mayors, |
16 | burgesses, magistrates, aldermen, justices of the peace, the |
17 | courts and the clerks thereof, owners of vehicles, and garage |
18 | keepers; providing that records are admissible as evidence; |
19 | imposing upon owners, counties, cities, boroughs, incorporated |
20 | towns, townships, within the Commonwealth, liability for damages |
21 | caused by the negligent operation of their motor vehicles; |
22 | imposing penalties; imposing certain costs upon counties; |
23 | providing for the disposition of fines, forfeitures, fees, and |
24 | miscellaneous receipts; making an appropriation and providing |
25 | for refunds," in so far as inconsistent with the provisions of |
26 | this act. |
27 | The act, approved the seventeenth day of May, one thousand |
28 | nine hundred twenty-nine (Pamphlet Laws 1801), entitled "An act |
29 | authorizing cities of the third class to provide, by ordinance, |
30 | for the payment for public work or improvements heretofore made |
|
1 | for or furnished to the city, and accepted and used by the city, |
2 | where no legal or valid contract was entered into as required by |
3 | law," absolutely. |
4 | The act, approved the twenty-second day of May, one thousand |
5 | nine hundred thirty-three (Pamphlet Laws 923), entitled "An act |
6 | to authorize cities of the third class to sue out writs of scire |
7 | facias on certain municipal claims, where more than five years |
8 | have elapsed since said claims were filed, and to reduce such |
9 | claims to judgment; and providing for the revival and collection |
10 | of such judgments," absolutely. |
11 | The act, approved the thirty-first day of May, one thousand |
12 | nine hundred thirty-three (Pamphlet Laws 1108, Number 272), |
13 | entitled "An act providing for the appointment, promotion, |
14 | reduction, removal and reinstatement of paid officers, firemen |
15 | and employes of fire departments and of fire alarm operators and |
16 | fire box inspectors in the bureaus of electricity in cities of |
17 | the third class; defining the powers and duties of civil service |
18 | commissions for such purposes; and fixing penalties," |
19 | absolutely. |
20 | The act, approved the sixteenth day of May, one thousand nine |
21 | hundred thirty-five (Pamphlet Laws 176, Number 82), entitled "An |
22 | act requiring cities of the second and third class to allow |
23 | members of the police departments, twenty-four consecutive hours |
24 | of rest each week, and fourteen days vacation each year, except |
25 | in emergency cases," so far as it relates to cities of the third |
26 | class. |
27 | The act, approved the first day of May, one thousand nine |
28 | hundred thirty-nine (Pamphlet Laws 40), entitled "An act to |
29 | amend the title and the act, approved the sixteenth day of May, |
30 | one thousand nine hundred thirty-five (Pamphlet Laws, one |
|
1 | hundred seventy-six), entitled 'An act requiring cities of the |
2 | second and third class to allow members of the police |
3 | departments, twenty-four consecutive hours of rest each week, |
4 | and fourteen days vacation each year, except in emergency |
5 | cases,' extending the provisions of said act to cities of the |
6 | second class A," so far as it relates to cities of the third |
7 | class. |
8 | Sections six hundred eighty-two and six hundred ninety of the |
9 | act, approved the twenty-fourth day of June, one thousand nine |
10 | hundred thirty-nine (Pamphlet Laws 872), entitled "An act to |
11 | consolidate, amend and revise the penal laws of the |
12 | Commonwealth," so far as they relate to cities of the third |
13 | class and are inconsistent with the provisions of this act. |
14 | The act, approved the twenty-third day of May, one thousand |
15 | nine hundred forty-five (Pamphlet Laws 907), entitled "An act |
16 | authorizing cities of the third class, with the approval of the |
17 | court of common pleas, to accept less than the full amount of |
18 | certain municipal claims filed as a lien against real estate in |
19 | compromise settlements thereof," absolutely. |
20 | The act, approved the second day of May, one thousand nine |
21 | hundred forty-seven (Pamphlet Laws 149), entitled "An act |
22 | authorizing cities to enact ordinances prohibiting smoking or |
23 | the carrying of lighted cigarettes, cigars, pipes or matches or |
24 | using matches or other fire producing devices in certain retail |
25 | stores within such cities and to provide penalties therefor," so |
26 | far as it relates to cities of the third class. |
27 | (c) All other acts or parts of acts of Assembly supplied by |
28 | or inconsistent with the provisions of this act are hereby |
29 | repealed. It is the intention that this act shall furnish a |
30 | complete and exclusive system for the government and regulation |
|
1 | of cities of the third class, except as to the several matters |
2 | enumerated in section [one hundred and three of this act] 103. |
3 | [But nothing] (d) Nothing contained in this act shall be |
4 | construed to repeal any local or special laws; or to repeal the |
5 | provisions of 66 Pa.C.S. Pt. I, known as the Public Utility |
6 | [Law] Code; or any law relating to the Board of Commissioners of |
7 | Navigation for the River Delaware and its navigable tributaries; |
8 | or the provisions of any law, the enforcement of which is vested |
9 | in the Department of Health or the [Sanitary Water Board] |
10 | Department of Environmental Protection; or the provisions of any |
11 | law, the enforcement of which is vested in the Department of |
12 | [Forests and Waters] Conservation and Natural Resources [or the |
13 | Water and Power Resources Board]; or the provisions of 74 |
14 | Pa.C.S. Pt. III, Ch. 59, Subch. B, known as the Airport Zoning |
15 | Act; [or any of the provisions of the act, approved the thirty- |
16 | first day of May, one thousand nine hundred thirty-three |
17 | (Pamphlet Laws 1108); or any of the provisions of the act, |
18 | approved the thirteenth day of May, one thousand nine hundred |
19 | thirty-seven (Pamphlet Laws 620); or any of the provisions of |
20 | the act, approved the second day of July, one thousand nine |
21 | hundred thirty-seven (Pamphlet Laws 2803),]; or any of the |
22 | provisions of the act, approved [the twenty-third day of May, |
23 | one thousand nine hundred forty-five (Pamphlet Laws 903)] May |
24 | 23, 1945 (P.L.903, No.362); or any amendments or supplements of |
25 | them; or any laws or parts of laws pertaining to civil defense. |
26 | Section 403. Termination and continuation of civil service |
27 | boards. Civil service boards shall be terminated and continued |
28 | as follows: |
29 | (1) All civil service boards created prior to the |
30 | effective date of this section, and pursuant to the act, |
|
1 | whether for uniformed or nonuniformed employees, or pursuant |
2 | to the act of May 31, 1933 (P.L.1108, No.272) entitled "An |
3 | act validating sheriff's sales of real estate on judgments of |
4 | foreclosure in scire facias sur mortgage cases when the |
5 | release of the mortgagor from liability was not filed with |
6 | the praecipe," shall be abolished except as provided in |
7 | paragraph (2). |
8 | (2) No civil service board before which proceedings |
9 | under section 4408 of the act or under section 10 of the act |
10 | of May 31, 1933 (P.L.1108, No.272), have been initiated or |
11 | are pending as of the effective date of this section may be |
12 | abolished until the conclusion of those proceedings before |
13 | the respective board. |
14 | (3) Any civil service proceedings initiated after the |
15 | effective date of this section shall be before the new civil |
16 | service board created in accordance with Article XLIV of the |
17 | act. |
18 | Section 404. This act shall take effect in 60 days. |
|