1Amending Titles 8 (Boroughs and Incorporated Towns) and 44 (Law
2and Justice) of the Pennsylvania Consolidated Statutes,
3consolidating The Borough Code; making revisions concerning
4definitions, applications, certificates, eligibility,
5collection of taxes, appointments and incompatible offices,
6council's powers, specific powers, preparation of plans and
7specifications and contracts, assessments, removal of elected 
8official and appointee, recreation board and authority,
9ordinances and resolutions; making an editorial change; and
10making a related repeal.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Title 8 of the Pennsylvania Consolidated Statutes
14is amended by adding a part to read:

15PART I

16BOROUGHS

17Chapter

181. Preliminary Provisions

192. Creation and Alteration

203. Annulment of Charters and Change of Corporate Names
21(Reserved)

224. Change of Limits (Reserved)

15. Boundaries

26. Wards

37. Associations and Organizations

48. Elections of Officers

59. Vacancies in Office

610. Powers and Duties of Elected Officials

710A. Mayor

811. Powers, Duties and Rights of Appointed Officers and
9Employees

1012. Corporate Powers

1113. Taxation and Finance

1214. Contracts

1315. Eminent Domain, Assessment of Damages and Damages for
14Injury to Property

1516. Land Subdivision (Reserved)

1617. Streets

1718. Sidewalks

1819. Bridges, Viaducts and Underground Passageways

1920. Sanitary Sewers

2021. Collection by Installment of Street and Sewer
21Assessments (Reserved)

2221A. Assessments and Charges for Public Improvements

2322. Storm Sewers and Watercourses

2423. Underground Conduits (Reserved)

2524. Water System

2624A. Manufacture and Supply of Electricity

2725. (Reserved)

2825A. Airports

2926. Wharves and Docks

3027. Recreation Places, Shade Trees and Forests

128. Cemeteries

229. Licenses and License Fees

329A. Veterans' Affairs

430. Real Estate Registry (Reserved)

531. Health and Sanitation

632. Zoning (Reserved)

732A. Uniform Construction Code, Property Maintenance Code
8and Reserved Powers

933. Ordinances

1034. Actions By and Against Boroughs (Reserved)

1135. Acts of Assembly Repealed and Saving Clause

12CHAPTER 1

13PRELIMINARY PROVISIONS

14Sec.

15101. Short title of part.

16101.1. Definitions.

17102. Excluded provisions.

18103. Construction of part.

19104. Constitutional construction.

20105. Construction of references.

21106. Application.

22107. Acceptance.

23107.1. Acceptance by incorporated towns.

24108. (Reserved).

25109. Publication of notices.

26110. Terms of existing officers.

27§ 101. Short title of part.

28This part shall be known and may be cited as the Borough
29Code.

30§ 101.1. Definitions.

1The following words and phrases when used in this part shall
2have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Abutting property" or "abutting real estate." In reference
5to any street, the term shall mean any property physically
6adjoining the street, regardless of what the reversion rights in
7the street may be and regardless of where the lot lines may be
8in relation to the street.

9"Council." A borough council.

10"Highway." A State highway of this Commonwealth.

11"Latest official census." The later of any of the following:

12(1) The most recent Federal decennial census.

13(2) A census conducted later in time than the census
14under paragraph (1) by the United States Census Bureau.

15"Municipal corporation." A city, borough, incorporated town,
16township of the first or second class or any home rule
17municipality other than a county.

18"Municipality." A municipal corporation or a county.

19"Pennsylvania Construction Code." The act of November 10,
201999 (P.L.491, No.45), known as the Pennsylvania Construction
21Code Act.

22"Pennsylvania Municipalities Planning Code." The act of July
2331, 1968 (P.L.805, No.247), known as the Pennsylvania
24Municipalities Planning Code.

25"Street." Any street, road, lane, court, cul-de-sac, alley,
26public way and public square.

27§ 102. Excluded provisions.

28This part shall not include any provisions and shall not be
29construed to repeal any acts relating to:

30(1) The assessment and valuation of property and persons

1for the purpose of taxation and the collection of taxes,
2except as provided in this part.

3(2) The collection of municipal claims by liens.

4(3) The method of incurring or increasing indebtedness.

5(4) Conduct of elections.

6(5) Public schools.

7(6) The powers and duties of borough and ward
8constables.

9(7) Magisterial district judges.

10(8) The giving of municipal consent to public utilities.

11(9) State highways.

12(10) Validations of elections, bonds, ordinances and
13acts of corporate officers.

14(11) 18 Pa.C.S. (relating to crimes and offenses).

15(12) 75 Pa.C.S. (relating to vehicles).

16§ 103. Construction of part.

17(a) Continuation.--The following shall apply:

18(1) The provisions of this part that are the same as
19those of laws existing on January 1, 1966, are intended as a
20continuation of laws existing on January 1, 1966, and not as
21new enactments.

22(2) The repeal by this part of any act or part of an act
23shall not revive any act or part repealed or superseded nor
24affect the corporate existence of any incorporated borough.

25(3) The provisions of this part shall not affect any of
26the following:

27(i) Any act done, liability incurred or right
28accrued or vested.

29(ii) Any suit or prosecution pending or to be
30instituted to enforce any right or penalty or punish any

1offense under the authority of the repealed laws.

2(4) All ordinances, resolutions, regulations and rules
3made under any act repealed under this part shall continue
4with the same force and effect as if the act had not been
5repealed to the extent that the ordinances, resolutions,
6regulations and rules could have been made under this part.

7(5) Any individual holding office under any act repealed
8by this part shall continue to hold office until the
9expiration of the term, subject to the conditions attached to
10the office prior to January 1, 1966.

11(b) Powers and duties.--Borough council shall have the
12corporate powers and duties and borough officials shall have the
13powers and duties under this part and as provided in other laws
14to the extent that the powers and duties are not repealed under
15this part.

16§ 104. Constitutional construction.

17The provisions of this part are severable. If any provision
18of this part or its application to any person or circumstance is
19held invalid, the invalidity shall not affect other provisions
20or applications of this part which can be given effect without
21the invalid provision or application.

22§ 105. Construction of references.

23If reference is made in this part to any act, the reference 
24shall apply to and include any codification in which the 
25provisions of the act referred to are substantially reenacted.

26§ 106. Application.

27(a) General.--This part shall apply to all boroughs.

28(b) Prior acts.--This part shall not annul or repeal any
29local or special act or part of a local or special act in force
30on January 1, 1966.

1(c) Local law.--The following shall apply:

2(1) The provisions of this part similar to the
3provisions of the former act of May 14, 1915 (P.L.312,
4No.192), entitled "An act providing a system of government
5for boroughs, and revising, amending, and consolidating the
6law relating to boroughs," shall apply to boroughs
7incorporated under local laws in the same manner as similar
8provisions of the former act of May 4, 1927 (P.L.519,
9No.336), entitled "An act concerning boroughs, and revising,
10amending and consolidating the law relating to boroughs,"
11were extended to boroughs acting under local laws.

12(2) If a provision of this part conflicts with a special
13or local law applicable to a borough that has not been
14surrendered, the provisions shall be construed so that effect
15may be given to both. If the conflict between the provisions
16is irreconcilable, the provision in the local or special law
17shall prevail.

18§ 107. Acceptance.

19(a) Petition.--The following shall apply:

20(1) A borough incorporated or acting under any local or
21special act may surrender the provisions of its special and
22local acts in their entirety or as they are inconsistent with
23this part and be governed by this part by presenting a
24petition to the court of common pleas of the county setting
25forth the desire of the borough to accept the provisions of
26this part.

27(2) The petition under paragraph (1) shall indicate
28whether it is the desire of the borough to surrender all of
29its special and local acts or to retain its special and local
30acts that are not inconsistent with this part.

1(3) If the petition indicates a desire to retain local
2or special acts, it shall indicate the local or special acts
3to be retained. The petition shall be made by the council or
4by at least 10% of the registered electors of the borough as
5of the date the petition is filed.

6(b) Hearing.--The following shall apply:

7(1) Upon the presentation of a petition under subsection
8(a), the court shall set and provide notice of a hearing
9date. An inhabitant of the borough may remonstrate against
10the granting of the petition at the hearing.

11(2) If the court grants the petition, the decree of the
12court shall be recorded in the office for the recording of
13deeds, and the borough shall be subject to this part and any
14local or special acts retained as set forth in the petition.
15On and after the date of the decree, any local or special act
16applicable to the borough shall no longer apply to the
17borough if it is inconsistent with this part or has been
18surrendered.

19(c) Force and effect.--If a borough accepts this part under 
20this section, all of the following shall continue with the same
21force and effect as if no acceptance had been made:

22(1) Liabilities incurred.

23(2) Rights accrued or vested.

24(3) Obligations issued or contracted.

25(4) Suits and prosecutions pending or to be instituted
26to enforce any right or penalty accrued or to punish any
27offense committed prior to the acceptance.

28(5) Ordinances.

29§ 107.1. Acceptance by incorporated towns.

30(a) Partial acceptance.--The following shall apply:

1(1) An incorporated town incorporated or acting under a
2local or special act may, by ordinance, elect to be governed
3by the provisions of this part and shall surrender any
4provisions of its special and local acts that are
5inconsistent with this part adopted by the incorporated town.

6(2) An ordinance under paragraph (1) shall indicate the
7provisions of this part to be adopted and, if applicable, the
8provisions of the incorporated town's special and local acts
9to be surrendered.

10(3) On and after the effective date of the ordinance and
11until the ordinance may be repealed or amended, the
12provisions of this part indicated in the ordinance shall be
13the law applicable to the incorporated town, and the
14provisions of any local or special acts, to the extent
15surrendered as indicated in the ordinance, shall not apply to
16the incorporated town.

17(b) Full acceptance.--An incorporated town incorporated or
18acting under any local or special act may elect to accept this 
19part in its entirety and surrender all local and special acts by
20petition as set forth in section 107 (relating to acceptance).
21If an incorporated town accepts this part in its entirety and
22surrenders all local and special acts, the incorporated town
23shall become a borough, and the decree of the court permitting
24the acceptance shall indicate the name of the new borough.

25(c) Force and effect.--The following shall apply:

26(1) If an incorporated town accepts this part under this
27section, all of the following shall continue with the same
28force and effect as if no acceptance had been made:

29(i) Liabilities incurred.

30(ii) Rights accrued or vested.

1(iii) Obligations issued or contracted.

2(iv) Suits and prosecutions pending or to be
3instituted to enforce any right or penalty accrued or
4punish any offense committed prior to acceptance.

5(v) Ordinances.

6(2) An incorporated town shall not have the power to
7alter or amend any provision of this part that has been
8adopted in accordance with this section or section 107.

9§ 108. (Reserved).

10§ 109. Publication of notices.

11(a) Newspaper of general circulation.--If in this part
12notice is required to be given in one newspaper of general
13circulation, the notice shall be published in one of the
14following:

15(1) A newspaper of general circulation as defined in 45
16Pa.C.S. § 101 (relating to definitions) which is published
17and circulated in each borough affected.

18(2) A newspaper of general circulation, circulated in
19each borough affected, which has a bona fide paid circulation
20equal to or greater than any newspaper published in each
21borough affected by the notice.

22(b) Legal newspaper.--Unless dispensed with by special order
23of court, the notice required to be published in a newspaper of
24general circulation shall also be published in the legal
25newspaper for the county of the borough affected, if the notice
26refers to any of the following:

27(1) Any proceeding in any court.

28(2) The holding of elections for the increase of
29indebtedness or the sale of bonds.

30§ 110. Terms of existing officers.

1This part shall not be construed as affecting or terminating
2the term of any officer of a borough holding office on January
31, 1966.

4CHAPTER 2

5CREATION AND ALTERATION

6Subchapter

7A. Incorporation

8B. Consolidation (Reserved)

9C. Creation From Cities of the Third Class

10D. Consolidation or Merger and Change of Corporate Name

11SUBCHAPTER A

12INCORPORATION

13Sec.

14200. Definitions.

15201. Contiguous areas.

16202. Applications.

17202.1. Borough advisory committee.

18202.2. Advisability of incorporation, certification of question
19for referendum and decree.

20203. (Reserved).

21204. (Reserved).

22205. Borough government and requisites of charter.

23206. Farmlands.

24207. Corporate name.

25208. (Reserved).

26209. (Reserved).

27210. Certificates.

28211. Temporary preservation, organization and election of
29officers.

30212. Boundaries.

1213. Adjustment of indebtedness.

2214. Judicial adjustment.

3215. Judicial adjustment award proceedings.

4216. Exceptions.

5217. Compensation, expenses and costs.

6218. Territory located in multiple counties.

7219. Bond issues and taxation.

8§ 200. Definitions.

9The following words and phrases when used in this subchapter
10shall have the meanings given to them in this section unless the
11context clearly indicates otherwise:

12"Committee." A borough advisory committee.

13"Freeholder." A person enjoying a continuous right of
14ownership and possession of real property for an indeterminate
15period by fee simple or life estate.

16"Township." A township of the second class.

17§ 201. Contiguous areas.

18A court of common pleas may incorporate as a borough any
19contiguous area from one or more townships within the court's
20jurisdiction having a population of at least 500 residents.
21After having been incorporated as a borough, the area shall be a
22body corporate and politic and shall have the name decreed by
23the court.

24§ 202. Applications.

25(a) Petition.--The following shall apply:

26(1) The application for incorporation shall be by a
27petition signed by a majority of the freeholders residing
28within the limits of the proposed borough and by the
29freeholders of a majority of the territory within the limits
30of the proposed borough, if all parts of the proposed borough

1are in the same township.

2(2) If portions of the proposed borough are in different
3townships, the petition shall be signed by a majority of the
4freeholders residing in each of the separate portions and by
5the freeholders of a majority of the territory in each of the
6separate portions. The following shall apply:

7(i) The signatures must be secured within three
8months immediately preceding the presentation of the
9signatures to the court.

10(ii) The petition shall be subscribed by and sworn
11to by at least one of the signers.

12(iii) The number of signers required to sign the
13petition shall be ascertained as of the date the petition
14was presented to court.

15(b) (Reserved).

16(c) (Reserved).

17(d) (Reserved).

18(e) Filing and notice.--Upon presentation to the court, a
19petition shall be filed with the clerk of court, and notice of
20the petition shall be published under section 109 (relating to
21publication of notices) once a week for four consecutive weeks
22immediately following the filing of the petition, during which
23time exceptions may be filed to the petition by any person
24interested. The notice shall state when and where the petition
25was filed and the time during which exceptions may be filed to
26the petition.

27(f) Contents of petition.--The petition under subsection (e)
28shall indicate the name of the proposed borough with a
29particular description of the boundaries of the borough and be
30accompanied with a plot of the proposed borough. The following

1shall apply:

2(1) If the boundaries of the proposed borough are not
3the same as an existing township the description shall
4contain the courses and distances of the boundaries.

5(2) If the boundaries of the proposed borough are the
6same as an existing township, the description:

7(i) may contain the courses and distances of the
8boundaries; and

9(ii) shall refer to the name and location of the
10existing township.

11§ 202.1. Borough advisory committee.

12(a) Establishment.--The court shall establish a borough
13advisory committee when a petition is received by the court for
14the creation of a borough. The following shall apply to
15committee members:

16(1) Members shall be appointed by and shall serve at the
17pleasure of the court.

18(2) The committee shall consist of the following:

19(i) Two residents of the proposed borough.

20(ii) Two residents from each of the existing
21townships recommended by the respective governing body of
22the township who are not residing within the proposed
23borough.

24(iii) One resident of the county not residing in any
25area under subparagraphs (i) and (ii) who shall serve as
26the chair of the committee.

27(3) Members shall serve without salary. The court may
28entitle each member to reimbursement for the member's actual
29and necessary expenses incurred in the performance of the
30member's official duties.

1(4) Members may consult with the director of the county
2planning commission who may advise the committee.

3(b) Duties.--The committee shall, within 60 days of its
4creation, advise the court in relation to the establishment of
5the proposed borough. The committee shall render expert advice
6and findings of fact relating to the desirability of an
7incorporation, including advice as to:

8(1) The proposed borough's ability to obtain or provide
9adequate and reasonable community support services such as
10police protection, fire protection and other appropriate
11community facility services.

12(2) Whether the proposed borough constitutes a
13harmonious whole with common interests and needs that can
14best be served by a borough government. In examining this
15factor, the committee shall consider whether the proposed
16borough represents a distinct community with features
17different from those of the existing township.

18(3) The existing and potential commercial, residential
19and industrial development of the proposed borough.

20(4) Whether the proposed borough would provide for land
21use regulations to meet the legitimate needs for all
22categories of residents or whether the plan is exclusionary
23or would result in economic segregation.

24(5) The financial or tax effect on the proposed borough
25and existing township.

26§ 202.2. Advisability of incorporation, certification of
27question for referendum and decree.

28(a) Process.--After receiving the findings-of-fact and the
29advice of the committee, the court shall conduct a hearing. If,
30after the hearing, the court deems further investigation

1necessary to determine the advisability of incorporation, it may
2issue an order to obtain the additional information. When the
3court has obtained all reasonably necessary information and has
4determined that the conditions required under this section have
5been met, the court shall determine the desirability of the
6proposed incorporation based upon the following:

7(1) The evidence submitted at the hearing and by the
8committee.

9(2) Any additional information obtained after the
10hearing.

11(3) Any other applicable factors the court deems
12relevant.

13(b) Determination.--If the court determines that the
14desirability of the proposed incorporation is not supported by a
15preponderance of the evidence, the court shall enter a final
16decree denying the request of the petitioners and no other
17proceedings may be held. If the court determines that the
18desirability of the proposed incorporation is supported by a
19preponderance of the evidence, the court shall certify the
20question of the proposed incorporation to the board of election
21of the county for a referendum vote of the residents of the
22proposed borough. Upon receipt of the certified election
23results, the court shall enter a final decree granting or
24denying the request of the petitioners.

25(c) Expenses.--The petition and the final decree granting or
26denying the petition shall be recorded in the recorder of deeds
27office of the county at the expense of the petitioners. The
28petitioners shall pay all other expenses and costs in connection
29with the proceedings.

30§ 203. (Reserved).

1§ 204. (Reserved).

2§ 205. Borough government and requisites of charter.

3(a) Time.--When the petition and the final decree granting
4the petition have been recorded, the area shall become an
5incorporated borough and shall be entitled to the rights,
6privileges and immunities conferred under this part, except as
7provided under section 211 (relating to temporary preservation, 
8organization and election of officers).

9(b) Charter.--The final decree of the court granting the
10petition shall constitute the charter of the borough. All
11charters granted under this part shall include:

12(1) The corporate name of the borough.

13(2) The boundaries of the borough.

14§ 206. Farmlands.

15If, in any petition for the incorporation of a borough, the
16boundaries fixed by the petitioners embrace lands exclusively
17used for the purposes of farming, the court may, if it deems the
18land does not properly belong to the proposed borough and at the
19request of any party aggrieved, change the boundaries to exclude
20the land used for farming.

21§ 207. Corporate name.

22The corporate name of a borough incorporated under this part
23shall be "The Borough of ."

24§ 208. (Reserved).

25§ 209. (Reserved).

26§ 210. Certificates.

27(a) Decree.--When a borough is created, the clerk of courts 
28in each county affected shall, within 30 days of the creation,
29certify to the Department of State, the Department of
30Transportation, the Department of Community and Economic

1Development and the county planning commission a copy of the
2decree of court incorporating the borough. The clerk may impose
3a fee of $3.50 as part of the costs of the proceeding for the
4services under this subsection.

5(b) Penalty.--Any clerk of the court who fails, neglects or
6refuses to furnish the certifications as provided under this
7part commits a summary offense and shall pay a fine of not more
8than $50.

9§ 211. Temporary preservation, organization and election of
10officers.

11(a) Government.--The following shall apply:

12(1) A newly incorporated area under section 201
13(relating to contiguous areas) shall continue to be governed
14as before the incorporation until the first Monday of January
15following the municipal election after the issuance of the
16final decree establishing the new borough.

17(2) After a newly incorporated area is no longer
18governed as before the incorporation under paragraph (1), the
19officers of the borough who are elected, under section 805
20(relating to election after creation), at the municipal or
21special election shall begin their terms of office, and the
22borough government shall be considered to be duly organized
23under this part.

24(b) Election.--Borough officers shall be elected at:

25(1) the next municipal election occurring at least 90
26days following the issuance of the decree establishing the
27borough; or

28(2) at the request of the petitioners, a special
29election called by the court of common pleas.

30(c) Special election.--If a special election is held under

1subsection (b)(2), the court shall do all of the following:

2(1) Fix the time, place and manner of holding the
3special election.

4(2) Designate an individual to give notice of the
5special election and the manner of the special election.

6(3) Appoint from among the electors of the newly
7established borough a judge and inspectors to hold the
8election.

9(d) Terms.--The following shall apply:

10(1) Municipal officers elected at a special election
11held under subsection (c) shall serve until the first Monday
12in January following the next succeeding municipal election.

13(2) The successors of municipal officers under paragraph
14(1) shall be elected as provided under section 805 and shall
15take office upon completion of municipal officer's service
16under paragraph (1).

17§ 212. Boundaries.

18The boundaries of the borough shall, as soon as practicable
19after its incorporation, be appropriately marked. Prior to
20marking the boundaries, notice shall be provided, as directed by
21the court, to the governing bodies of adjoining municipal
22corporations.

23§ 213. Adjustment of indebtedness.

24(a) Property.--The following shall apply:

25(1) After the election of a council under section 211
26(relating to temporary preservation, organization and
27election of officers) when a borough is newly incorporated,
28the council and the governing body of the township from which
29the borough was created shall make an equitable adjustment
30and apportionment of all the public real and personal

1property owned by the township at the time of the
2incorporation of the borough.

3(2) Except as provided under paragraph (3), the property
4under paragraph (1) shall include funds and indebtedness.

5(3) If adjusting property and indebtedness under
6paragraph (1), streets, sewers and utilities may not be
7considered except to the extent that current and unpaid
8indebtedness was incurred for the construction and
9improvement of the property.

10(b) Proportion.--In making the adjustment and apportionment
11under subsection (a), the following shall apply:

12(1) The borough shall be entitled to a division of the
13property and indebtedness in the same proportion that the
14assessed valuation of the taxable real estate included within
15the territorial limits of the newly incorporated borough
16bears to the assessed valuation of the taxable real estate in
17the entire township immediately prior to the incorporation of
18the borough. The township shall be entitled to the remainder
19of the property and indebtedness.

20(2) If indebtedness was incurred by the township for an
21improvement located wholly within the territorial limits of
22the newly incorporated borough, the indebtedness shall be
23assumed by the borough.

24(3) If only part of the improvement is located within
25the newly incorporated borough, the part of the indebtedness
26representing the part of the improvement located within the
27borough shall be assumed by the borough, and the adjustment
28and apportionment of any remaining debt shall be retained by
29the township.

30(c) Form.--The adjustment and apportionment made under this

1section must meet all of the following:

2(1) Be in writing and duly executed and acknowledged by
3the secretary or clerk of the township and the secretary of
4the borough.

5(2) Be filed in the office of the clerk of the court of
6common pleas of the county.

7(3) Be filed as a copy with the Department of Community
8and Economic Development.

9§ 214. Judicial adjustment.

10(a) Petition.--If the governing bodies of the township and
11the borough cannot make an amicable adjustment and apportionment
12of the property and indebtedness within six months after the
13government of the newly incorporated borough is established, the
14supervisors of the township or the council of the borough may
15present a petition to the court of common pleas requesting a
16judicial adjustment.

17(b) Appointment.--After receiving a petition under
18subsection (a), the court shall appoint three disinterested
19commissioners who meet all of the following requirements:

20(1) Are residents and taxpayers of the county.

21(2) Are not residents of or own real estate in the
22township or borough.

23(c) Report.--The individuals appointed under subsection (b)
24shall hold a hearing and make a report to the court containing
25an adjustment and apportionment of all the property and the
26indebtedness between the township and the borough. Notice shall
27be made to the township and borough as provided by the court.
28The report shall state the amount due and payable from the
29borough or the township to the other entity and the amount of
30indebtedness that shall be assumed by the borough or the

1township.

2§ 215. Judicial adjustment award proceedings.

3(a) Notice.--The commissioners shall give the township and
4the borough at least five days' notice of the filing of the
5report under section 214(c) (relating to judicial adjustment).

6(b) Exceptions.--Unless exceptions are filed to the report
7within 30 days after the date of the filing, the report shall be
8confirmed by the court.

9(c) Effect.--The following shall apply:

10(1) Any sum awarded by the report to the township or
11borough shall be a legal and valid claim in its favor against
12the borough or township charged with the sum.

13(2) Any real or personal property given to the township
14or borough shall become its respective property.

15(3) Any claim or indebtedness charged against the
16borough or township may be collected from the borough or the
17township.

18§ 216. Exceptions.

19If exceptions are filed to the report under section 214(c)
20(relating to judicial adjustment), the court shall dispose of
21the exceptions and shall enter its decree confirming or
22modifying the award.

23§ 217. Compensation, expenses and costs.

24The commissioners under section 214(b) (relating to judicial
25adjustment) shall receive compensation and expenses for their
26services as provided by the court. The costs of the proceedings,
27including the compensation and expenses of the commissioners,
28shall be apportioned by the court between the borough and
29township.

30§ 218. Territory located in multiple counties.

1If territory included within the limits of a newly
2incorporated borough is located in at least two counties, the
3court of common pleas of the county where the larger part of the
4territory of the borough is located shall have exclusive
5jurisdiction over the proceedings to adjust and apportion the
6indebtedness between the borough and township.

7§ 219. Bond issues and taxation.

8In any proceeding to adjust and apportion indebtedness, the
9township or the borough shall have power to issue and deliver to
10the borough or township interest-bearing bonds in liquidation of
11the indebtedness ascertained, to be its proportionate share
12payable, if the bonds are acceptable to the borough or township
13or townships entitled to receive the bonds. The court may make
14necessary orders for the collection and payment by the township
15or townships or borough of the amount needed to pay its share of
16any indebtedness apportioned to it by special taxes to be
17collected in one year, or by annual installments.

18SUBCHAPTER B

19CONSOLIDATION

20(Reserved)

21SUBCHAPTER C

22CREATION FROM CITIES OF THE THIRD CLASS

23Sec.

24231. Procedure.

25232. Filing, notice and return.

26233. Borough government.

27234. Effect.

28235. Costs and expenses.

29§ 231. Procedure.

30(a) Petition.--The court of common pleas shall, upon

1petition of at least 10% of the registered electors of any city
2of the third class, order an election to be held at the next
3general, municipal or primary election occurring at least 90
4days after the presentation of the petition.

5(b) Vote.--The electors shall, at the election under
6subsection (a), vote for or against the change of the charter of
7the city to a borough charter and the adoption of the borough
8form of government.

9(c) Contents.--A petition under subsection (a) shall
10indicate all of the following:

11(1) The inhabitants of the city desire to do all of the
12following:

13(i) Change the charter of the city to a borough
14charter.

15(ii) Be governed by the laws of the Commonwealth
16relating to boroughs.

17(2) The city has had a city form of government for a
18period of at least five years.

19(3) The name of the proposed borough.

20(d) Required electors.--The number of registered electors
21required to sign the petition shall be determined as of the date
22the petition is filed.

23§ 232. Filing, notice and return.

24(a) Filing.--Upon presentation of a petition under section
25231 (relating to procedure), the court shall determine whether
26the petition meets the requirements under section 231. If the
27requirements are met, the court shall:

28(1) Enter an appropriate order requiring an election.

29(2) Direct that the petition shall be filed with the
30clerk of the court and that a copy of the petition and order

1of court shall be filed with the county board of elections.

2(b) Notice.--Notice of the time and purpose of the election
3under subsection (a) shall be given in at least one newspaper of
4general circulation of the proper county once a week for four
5consecutive weeks. The publication of the notice shall be made
6on behalf of the petitioners and shall be in the form approved
7by the court.

8(c) Return.--The following shall apply:

9(1) The county board of elections shall frame the proper
10question to be submitted to the electors at the election
11ordered by the court.

12(2) The county board of elections shall make a return of
13the vote cast on the question submitted to the clerk of the
14court of common pleas. The return shall be filed with the
15petition.

16(3) If a majority of those voting on the question
17submitted were in favor of the change of the city charter to
18a borough charter, the court shall order that the record of
19the proceedings be recorded in the office for the recording
20of deeds of the county, and the record shall constitute the
21charter of the borough under the name provided in the
22petition. The recorder of deeds in each county affected shall
23certify to the Department of State, the Department of
24Transportation, the Department of Community and Economic
25Development and the county planning commission a copy of the
26record constituting the charter of the borough.

27(4) If a majority of those voting on the question
28submitted were against the change of the city charter to a
29borough charter, the same question may not be submitted for a
30period of five years following the election.

1§ 233. Borough government.

2(a) City.--When the record of the proceedings under section
3232 (relating to filing, notice and return) is recorded, the
4city form of government shall continue in operation until the
5first Monday of January after the first municipal election,
6occurring at least 90 days after the recording of the record.

7(b) Borough.--After the city form of government is no longer
8in operation under subsection (a), the borough government shall
9be organized by the officers elected at the municipal election
10in accordance with section 805 (relating to election after
11creation).

12§ 234. Effect.

13(a) Property.--When the borough government is formed, the
14property and assets of the city shall become the property of the
15borough, and the change of government shall not do any of the
16following:

17(1) Affect any of the following:

18(i) Liabilities incurred.

19(ii) Rights accrued or vested.

20(iii) Obligations issued or contracted.

21(iv) Suits or prosecutions pending or instituted to
22enforce any right or penalty accrued.

23(2) Punish any offense committed prior to the formation.

24(b) Ordinances.--Ordinances of the former city shall
25continue in force in the new borough until altered or repealed.

26(c) Wards and districts.--Wards and election districts of
27the city shall become the wards and election districts of the
28borough until altered or changed. In the election of members of
29council from the several wards, two members of council shall be
30elected from each ward, unless changed as provided by law.

1(d) Office.--All constables and election officers in office
2in the city at the time the borough government is organized
3shall remain in office until the expiration of their respective
4terms of office.

5§ 235. Costs and expenses.

6(a) Petitioners.--Except as provided under subsection (b),
7the costs and expenses of proceedings to change the charter of a
8city to a borough, including all costs of advertising, shall be
9paid by the petitioners.

10(b) Exception.--If the vote of electors to change the
11charter of a city to a borough is in favor of the change, the
12cost and expenses under subsection (a) shall be paid by the
13city.

14SUBCHAPTER D

15CONSOLIDATION OR MERGER AND

16CHANGE OF CORPORATE NAME

17Sec.

18241. Consolidation or merger.

19242. Change of corporate name.

20§ 241. Consolidation or merger.

21A borough may be merged or consolidated into a new or
22existing municipal corporation in accordance with 53 Pa.C.S. Ch.
237 Subch. C (relating to consolidation and merger).

24§ 242. Change of corporate name.

25(a) General rule.--The following shall apply:

26(1) If the corporate name of a borough differs from the
27name of the borough in general usage or from the post office
28designation due to minor discrepancies in spelling,
29capitalization or the manner of compounding the elements of
30the name, the court of common pleas, upon petition, may

1change the name of the borough to conform to the name in
2general usage or to the post office designation.

3(2) The petition under paragraph (1) may be presented by
4any of the following:

5(i) Council, pursuant to a resolution.

6(ii) At least 5% of the registered electors of the
7borough.

8(b) Petition.--The following shall apply:

9(1) Upon the presentation of a petition under subsection
10(a), the court shall set and provide notice of a hearing
11date. An inhabitant of the borough may remonstrate against
12the granting of the petition at the hearing.

13(2) If the court grants the petition, the decree of the
14court shall be recorded, and the corporate name of the
15borough shall be as provided in the petition from the date of
16recording.

17(c) Dissemination of decree.--The recorder of deeds in each
18county affected shall certify to the Department of State, the
19Department of Transportation, the Department of Community and
20Economic Development and the county planning commission a copy
21of the decree changing the corporate name of the borough.

22(d) Force and effect.--A change of corporate name shall not
23affect any of the following:

24(1) Liabilities incurred.

25(2) Rights accrued or vested.

26(3) Obligations issued or contracted.

27(4) Any suits or prosecutions pending or instituted to
28enforce any right or penalty accrued or to punish any offense
29committed prior to the change.

30CHAPTER 3

1ANNULMENT OF CHARTERS AND

2CHANGE OF CORPORATE NAMES

3(Reserved)

4CHAPTER 4

5CHANGE OF LIMITS

6(Reserved)

7CHAPTER 5

8BOUNDARIES

9Sec.

10501. Stream boundaries.

11502. Petition and establishment of disputed boundaries.

12503. Commissioners and report.

13504. Exceptions and procedure.

14505. Compensation, expenses and costs.

15506. Boundary monuments.

16§ 501. Stream boundaries.

17If a borough is bounded by the nearest margin of a navigable
18stream and the opposite municipal corporation is also bounded by
19the nearest margin of the same stream, the middle of the stream
20shall be the boundary between the borough and the opposite
21municipal corporation. Nothing under this section shall be
22construed to repeal any local or special law contrary to this
23section.

24§ 502. Petition and establishment of disputed boundaries.

25The court of common pleas may, upon presentation of a
26petition, ascertain and establish disputed boundaries between a
27borough and another municipal corporation. If a petition is
28presented, the court may require the petitioners to file a bond
29in a sufficient amount to secure the payment of all costs of the
30proceeding.

1§ 503. Commissioners and report.

2(a) Appointment.--Upon application by petition under section
3502 (relating to petition and establishment of disputed
4boundaries), the court shall appoint three impartial individuals
5as commissioners, one of whom must be a surveyor or registered
6engineer.

7(b) Hearing.--After giving notice to interested parties and
8upon publication of the petition, as directed by the court, the
9commissioners shall hold a hearing and view the disputed lines
10and boundaries.

11(c) Report.--A majority of the commissioners shall issue the
12report and recommendations to the court, accompanied by a plot
13or draft of the lines and boundaries proposed to be ascertained
14and established if the lines and boundaries cannot be fully
15designated by natural lines or boundaries.

16(d) Confirmation.--The court shall confirm the report under
17subsection (c) upon filing and subject to exceptions filed under
18section 504 (relating to exceptions and procedure). The court
19may direct publication of the report and require notice to be
20given by the petitioners to the interested parties.

21§ 504. Exceptions and procedure.

22(a) Filing.--Exceptions to the report under section 503(c)
23(relating to commissioners and report) may be filed within 30
24days after the filing of the report by an interested person or
25political subdivision. The court shall set and provide notice of
26a hearing on the exceptions.

27(b) Hearing.--After a hearing under subsection (a), the
28court may sustain or dismiss the exceptions and confirm the
29report or refer the report back to the same or new commissioners
30with the authority to make another report.

1(c) Decree.--If no exceptions are filed within 30 days after
2the filing of the report, the court shall confirm the report. If
3a report is confirmed, the court shall:

4(1) Enter a decree ascertaining and establishing the
5lines and boundaries as shown in the report.

6(2) Direct publication of the decree under paragraph
7(1).

8§ 505. Compensation, expenses and costs.

9The compensation and expenses of commissioners appointed
10under section 503(a) (relating to commissioners and report)
11shall be in a reasonable amount as approved by the court. The
12court shall, by order, provide how costs and expenses of the
13proceedings, including the furnishing and placing of monuments,
14shall be paid and may assess the costs individually or in
15apportioned amounts against the following:

16(1) The petitioners.

17(2) The borough.

18(3) Any interested municipal corporation.

19§ 506. Boundary monuments.

20The court shall order that a borough line ascertained and
21established under this chapter will be appropriately marked.

22CHAPTER 6

23WARDS

24Sec.

25601. Creation and alteration.

26602. Petition of electors.

27603. Notice of ordinance.

28604. (Reserved).

29605. (Reserved).

30606. Terms of officers.

1606.1. Construction of chapter.

2607. (Reserved).

3§ 601. Creation and alteration.

4(a) Council.--In addition to reapportionment initiated in
5accordance with 53 Pa.C.S. Pt. II Ch. 9 (relating to municipal
6reapportionment) and section 11 of Article IX of the
7Constitution of Pennsylvania, a council may, by ordinance, do
8any of the following:

9(1) Divide boroughs into wards.

10(2) Erect new wards out of two or more adjoining wards
11or parts of wards.

12(3) Consolidate two or more wards into one ward.

13(4) Divide any ward already erected into two or more
14wards.

15(5) Alter the lines of two or more adjoining wards or
16cause the lines or boundaries of wards to be ascertained or
17established.

18(6) Abolish all wards.

19(b) Restrictions.--The following shall apply:

20(1) No borough may be divided or redivided into more
21than 13 wards.

22(2) The following shall apply:

23(i) No ward may be created containing less than 300
24registered electors.

25(ii) Any ward which contains less than 350
26registered electors after December 31, 1965, may be
27abolished, and the territory of the ward shall be
28distributed among the remaining wards as determined by
29council.

30(iii) All wards in existence prior to January 1,

11966, shall remain as established, until altered or
2divided as provided under this chapter.

3(c) Members of council.--If a ward is abolished under this
4section and the number of wards in a borough is reduced to less
5than five, a member of council in an abolished ward shall
6continue in office for his elected term and shall become a
7member of council at large from the borough.

8(d) Composition.--All wards in the borough shall be numbered
9and composed of compact and contiguous territory as nearly equal
10in population as practicable as officially and finally reported
11in the latest official census.

12§ 602. Petition of electors.

13(a) Council.--At least 5% of registered electors of the
14borough or, for a proposal affecting only a portion of the
15borough, at least 5% of the registered electors of the ward
16which would be affected by the proposal may petition council to
17initiate proceedings under section 601 (relating to creation and
18alteration) and may present to council a plot showing the
19boundaries of the proposed wards of the borough. Council shall,
20by motion approved by a majority of council and within 90 days
21of presentment of the petition, determine whether to initiate
22proceedings under section 601.

23(b) Court of common pleas.--If council has not approved a
24motion within 90 days after the presentment of a petition under
25subsection (a), ten registered electors may petition the court
26of common pleas and contest the existing apportionment as
27violating section 601(b) or (d). The proceedings before the
28court shall be conducted in accordance with 53 Pa.C.S. §§ 906
29(relating to contest of reapportionment by governing body) and
30907 (relating to costs and expenses of contest).

1§ 603. Notice of ordinance.

2(a) Requirement.--Notice of an ordinance enacted in
3accordance with section 601 (relating to creation and
4alteration) shall be given by publication once in a newspaper of
5general circulation.

6(b) County board of elections.--A copy of the ordinance,
7along with a plot showing the boundaries of the wards
8established, shall be forwarded to the county board of
9elections.

10§ 604. (Reserved).

11§ 605. (Reserved).

12§ 606. Terms of officers.

13(a) Appointment.--Except as provided under subsection (b),
14if council divides a borough into wards, it shall request the
15court of common pleas to appoint for each ward a judge and two
16inspectors of election to hold elections until the officers of
17the ward may be elected.

18(b) Expiration.--Except as provided under subsection (a),
19officers in office at the time any changes are made under this 
20chapter shall remain in office until the expiration of the terms
21for which they have been elected. If a vacancy occurs, the
22vacancy shall be filled by the council, until the first Monday
23of January next succeeding the election at which the officers
24are to be elected, as provided under Chapter 8 (relating to 
25elections of officers).

26§ 606.1. Construction of chapter.

27Nothing under this chapter shall be construed as affecting
28any of the following:

29(1) The powers and duties of the court of common pleas
30or the county board of elections.

1(2) Restrictions on alteration of election districts as
2provided under Article V of the act of June 3, 1937
3(P.L.1333, No.320), known as the Pennsylvania Election Code.

4§ 607. (Reserved).

5CHAPTER 7

6ASSOCIATIONS AND ORGANIZATIONS

7Sec.

8701. State Association of Boroughs.

9701.1. Authorization and expenses.

10701.2. Compensation.

11702. County and regional associations of boroughs.

12703. Other associations and organizations.

13704. Associations and organizations for mayors.

14705. National or State lodge of police officers.

15§ 701. State Association of Boroughs.

16(a) Organization.--The boroughs of the Commonwealth may
17organize a State Association of Boroughs for the purpose of
18advancing the interests of the boroughs. A borough may join the
19State Association of Boroughs by motion of council and payment
20of the annual dues. Each borough, after becoming a member, shall
21pay reasonable dues as determined by the State Association of
22Boroughs.

23(b) Revenue.--Revenue received by the State Association of
24Boroughs shall be used to pay for services, publications and
25other expenses authorized or ratified by the State Association
26of Boroughs, or incurred on behalf of the State Association of
27Boroughs by its officers and committees.

28§ 701.1. Authorization and expenses.

29(a) Delegates.--Council may, by motion, designate one or
30more delegates from the elected or appointed officers of the

1borough to attend the annual meeting of the State Association of
2Boroughs, which shall be held in this Commonwealth in accordance
3with the procedure adopted by the State Association of Boroughs.

4(b) Nondelegates.--Council may, by motion, designate one or
5more elected or appointed officers or employees of the borough
6to attend the annual meeting of the State Association of
7Boroughs as nondelegates or to attend a conference, educational
8training or committee meeting of the State Association of
9Boroughs.

10(c) Expenses.--The following shall apply:

11(1) In addition to any compensation allowed under
12section 701.2 (relating to compensation), council may, for
13each delegate, elected or appointed officer or employee under
14subsection (a) or (b), pay the following expenses upon
15receipt of an itemized account of expenses:

16(i) The registration fee.

17(ii) Mileage for use of a personal vehicle or
18reimbursement of actual transportation expenses going to
19and returning from the annual meeting, conference,
20educational training or committee meeting of the State
21Association of Boroughs.

22(iii) Any actual expenses that the council may have
23agreed to pay.

24(2) Notwithstanding this subsection, at least one member
25of council shall be allowed the following expenses:

26(i) The registration fee.

27(ii) Lodging, meals, mileage for use of a personal
28vehicle or reimbursement of actual transportation
29expenses going to and returning from the meeting.

30(iii) Any actual expenses that the council may have

1agreed to pay.

2§ 701.2. Compensation.

3(a) Employees.--Council may authorize borough employees,
4including the mayor and members of council if they are employees
5of the borough, to be compensated at their regular employee
6rates during their attendance at the annual meeting or a
7conference, educational training or committee meeting of the
8State Association of Boroughs.

9(b) Nonemployees.--Council may authorize the mayor and any
10council member who is not employed by the borough to receive
11total or partial reimbursement for lost wages or salary,
12including those from self-employment, while attending the annual
13meeting or a conference, educational training or committee
14meeting of the State Association of Boroughs if sufficient
15documentation is presented to council to justify the
16reimbursement.

17(c) Amount.--The maximum time for which a borough employee
18or mayor or council member not employed by the borough shall be
19reimbursed for lost wages or salary while attending the annual
20meeting or a conference, educational training or committee
21meeting of the State Association of Boroughs shall be not more
22than four days, including time spent traveling to and from the
23event.

24(d) Executive members.--The council may authorize a mayor or
25any council member employed by the borough to be compensated at
26the mayor's or council member's regular employee rate and a
27mayor or council member who is not employed by the borough to
28receive total or partial reimbursement for lost wages or salary,
29including those from self-employment, if the mayor or council
30member attends a meeting for which the mayor or council member

1is an officer, a member of the board of directors, a member of
2the executive committee, a member of a standing committee or a
3trustee of the State Association of Boroughs, subject to the
4following which shall include time spent traveling to and from
5the event:

6(1) The compensation of a mayor or council member for
7attending a meeting of a standing committee of the State
8Association of Boroughs shall be limited to two days per year
9of regular employee rate compensation or lost wages or
10salary.

11(2) The compensation of a mayor or council member for
12attending a meeting for which the mayor or council member is
13a trustee for the State Association of Boroughs shall be
14limited to four days per year of regular employee rate
15compensation or lost wages or salary.

16(3) The compensation of a mayor or council member for
17attending a meeting for which the mayor or council member is
18an officer, member of the board of directors or a member of
19the executive committee of the State Association of Boroughs
20shall be limited to 15 days per year of regular employee rate
21compensation or lost wages or salary.

22(4) A mayor or council member identified under paragraph
23(1), (2) or (3) may not be compensated by the borough under
24this subsection if the mayor or council member receives
25compensation from the State Association of Boroughs or a
26board or committee of the State Association of Boroughs for
27attending the meeting.

28§ 702. County and regional associations of boroughs.

29(a) Organization.--The boroughs of any county or of two or
30more adjoining or nearby counties may organize a county or

1regional association of boroughs, composed of elected and
2appointed borough officers in the county, organized for the
3purpose of furthering the interests of the boroughs in the
4county or regional association of boroughs and their
5inhabitants.

6(b) Appropriation.--A borough may annually appropriate no
7more than $100 for the support of the county or regional
8association of boroughs.

9(c) Expenses.--The following shall apply:

10(1) The borough may pay the following expenses of each
11delegate for attendance at a meeting of the county or
12regional association of which the borough is a member:

13(i) The registration fee.

14(ii) Mileage for use of a personal vehicle or
15reimbursement of actual transportation expense going to
16and returning from the meeting.

17(iii) Any actual expenses that the council may have
18agreed to pay.

19(2) Every delegate attending the meeting shall submit to
20the council an itemized account of expenses incurred.

21(d) Compensation.--The council may authorize borough
22employees to be compensated at their regular employee rate
23during their attendance at a meeting of the county or regional
24association. The council solely may authorize the mayor and any
25council member who is not employed by the borough to receive
26total or partial reimbursement for lost wages or salary while
27attending the meeting if sufficient documentation is presented
28to the council to justify the reimbursement.

29(e) Other members.--A county or regional association of
30boroughs may admit representatives of political subdivisions

1other than boroughs within the county as members. Members
2admitted under this subsection shall may not participate in any
3matter of concern solely to boroughs.

4§ 703. Other associations and organizations.

5(a) Authorization.--A borough, by motion of council, may do
6any of the following:

7(1) Join associations and organizations other than
8associations and organizations referred to under this chapter
9concerned with municipal or governmental affairs.

10(2) Pay dues to and appropriate funds for the support of
11and participation in associations and organizations under
12paragraph (1).

13(3) Send delegates to meetings or conferences of
14associations and organizations under paragraph (1).

15(a.1) Compensation and expenses.--The following shall apply:

16(1) In addition to any compensation allowed by law for a
17delegate, the borough may pay the following expenses for each
18delegate under subsection (a)(3):

19(i) The registration fee.

20(ii) Mileage for use of a personal vehicle or
21reimbursement of actual transportation expense going to
22and returning from the meeting or conference.

23(iii) Any expenses that the council may have agreed
24to pay.

25(2) Every delegate under subsection (a)(3) shall submit
26to the council an itemized account of expenses incurred.

27(3) The council may authorize borough employees to be
28compensated at their regular employee rate during their
29attendance at an annual meeting or conference of an
30association or organization under paragraph (1). The time

1spent in attending the meeting or conference may not be more
2than four days, including the time traveling to and from the
3meeting or conference.

4(b) Professional and educational meetings.--A borough may,
5by motion of council, do any of the following:

6(1) Authorize any of its officers and employees to
7attend any of the following:

8(i) Meetings of professional organizations and
9associations.

10(ii) Educational training sessions for individuals
11holding the same or similar office or employment.

12(2) Pay all or a portion of the necessary expenses
13incident to an individual's attendance at meetings or
14sessions under paragraph (1).

15(c) Itemized account.--Every individual attending a
16conference, meeting or educational training session under this
17section shall submit to the council an itemized account of the
18individual's expenses, including traveling expenses or mileage,
19that council may have agreed to pay.

20§ 704. Associations and organizations for mayors.

21(a) Authorization.--A mayor may join a mayors' association,
22and council shall pay reasonable dues of up to $100 for each
23mayor belonging to the mayors' association. The mayor may attend
24the annual meeting of the mayors' association, which shall be
25held in this Commonwealth in accordance with the procedure
26adopted by the mayors' association.

27(b) Expenses.--A mayor may receive the following expenses
28for attending the annual meeting under subsection (a):

29(1) The registration fee.

30(2) Lodging, meals, mileage for use of a personal

1vehicle or reimbursement of actual transportation expense
2going to and returning from the meeting.

3(3) Any actual expenses that the council may have agreed
4to pay.

5(c) Itemized account.--Every mayor attending the annual
6meeting under subsection (a) shall submit to the council an
7itemized account of expenses incurred at the annual meeting of
8the mayors' association. The time spent in attending the annual
9meeting may not be more than four days, including time
10traveling to and from the meeting.

11§ 705. National or State lodge of police officers.

12(a) Authorization.--A council may grant a borough employee
13who is a duly elected representative of a State lodge of police
14officers or a local lodge which is a part of any national or
15State lodge of police officers a leave of absence with pay to
16attend an annual national or State convention or conference of
17the lodge, for a period not to exceed four days, including
18necessary time for travel to and from the convention or
19conference.

20(b) Certification.--An employee receiving time off with pay
21under subsection (a) shall, upon return, submit to the
22employee's immediate superior a certificate testifying to the
23employee's attendance at the convention or conference, signed by
24at least two responsible officers of the convention or
25conference.

26(c) Limitation.--No more than two elected representatives
27who are employees of the same borough may attend a convention or
28conference on behalf of a lodge under this section.

29CHAPTER 8

30ELECTIONS OF OFFICERS

1Subchapter

2A. General Provisions

3B. Members of Council

4C. Mayor (Reserved)

5D. Auditors (Reserved)

6E. Controller (Reserved)

7F. Assessors (Reserved)

8G. Tax Collector (Reserved)

9SUBCHAPTER A

10GENERAL PROVISIONS

11Sec.

12801. Eligibility.

13802. Time and place.

14803. Certificates.

15804. Term and bonds.

16805. Election after creation.

17806. Officers elected.

18§ 801. Eligibility.

19(a) Residency.--The following shall apply:

20(1) Except as provided under subsection (c), only
21registered electors of the borough shall be eligible to
22elective borough offices.

23(2) Before being sworn into office, each elected borough
24officer shall present a signed affidavit to the borough
25secretary that states that the officer resides in the borough
26from which elected and has resided in the borough
27continuously for at least one year immediately prior to the
28officer's election.

29(b) Incompatible offices.--A school director or a trustee of 
30a charter school may not be elected to an elective borough

1office. No individual may hold more than one elective borough
2office at the same time.

3(c) Exception.--A borough with a population of less than 150
4may permit residents that have not resided in the borough
5continuously for at least one year immediately before the
6election to be eligible to hold office.

7§ 802. Time and place.

8Elections for borough officers shall be at the time and place
9designated by law for the holding of municipal elections.

10§ 803. Certificates.

11Certificates of election of all borough officers shall be
12filed with the borough secretary and preserved among the records
13of the borough for a period of six years.

14§ 804. Term and bonds.

15(a) Terms.--The following shall apply:

16(1) Except as provided under paragraph (2), an
17individual elected to a borough office shall serve for the
18term for which the individual was elected.

19(2) If a vacancy in office occurs, it shall be filled in
20the manner provided under this part.

21(b) Bonds.--The following shall apply:

22(1) Except as provided under paragraph (2), if an
23elected official of a borough is required to give a bond for
24the faithful performance of the elected official's duties,
25the borough may pay the premium for the bond.

26(2) A borough shall pay a proportionate share of the
27cost of a tax collector's bond within the same ratio as the
28amount of borough taxes bears to the total amount of all
29taxes indicated by the tax duplicate to be collected by the
30tax collector during the year preceding the date the premium

1is due.

2§ 805. Election after creation.

3(a) Officers.--The officers of a borough provided for under
4section 806 (relating to officers elected) shall be elected at
5the appropriate municipal election and take office on the first
6Monday of January succeeding the election if any of the
7following occur:

8(1) A borough is incorporated under Subchapter A of
9Chapter 2 (relating to incorporation).

10(2) At least two boroughs are consolidated under 53
11Pa.C.S. Ch. 7 Subch. C (relating to consolidation and
12merger).

13(3) A borough is created from a city of the third class
14under Subchapter C of Chapter 2 (relating to creation from
15cities of the third class).

16(b) Terms.--The following shall apply:

17(1) Except as provided under paragraph (2) and at the
18election under subsection (a), if a borough is not divided
19into wards, the following members shall be elected to
20coincide with the number of members of council elected in
21boroughs existing on January 1, 1966, under section 811
22(relating to election):

23(i) Three or four members of council shall be
24elected for terms of two years each.

25(ii) Three or four members of council shall be 
26elected for terms of four years each.

27(2) One member of council shall be elected from each
28ward for a term of two years and one member of council shall
29be elected from each ward for a term of four years in any of
30the following:

1(i) A consolidation of two or more boroughs into one
2borough.

3(ii) The creation of a borough from a city of the
4third class.

5(iii) If two members of council are to be elected
6from each ward.

7(3) In any borough under subsection (a), three auditors
8shall be elected as follows:

9(i) One for a term of two years.

10(ii) One for a term of four years.

11(iii) One for a term of six years.

12(4) Any officers of a borough not listed under this
13section shall be elected for terms of two or four years to
14coincide with the terms of officers elected under this part 
15in the existing boroughs.

16§ 806. Officers elected.

17(a) Officers.--The electors of the borough may elect:

18(1) A mayor, who shall be elected at municipal elections
19every four years.

20(2) A tax collector, who shall be elected at municipal
21elections every four years and must be a properly qualified
22individual. A magisterial district judge may not hold the
23office of tax collector and the office of magisterial
24district judge at the same time.

25(3) Unless the borough provides for one appointed
26auditor under section 1005(7) (relating to powers of 
27council), three auditors or one controller. The following
28shall apply:

29(i) In boroughs providing for three elected
30auditors, one auditor shall be elected at each municipal

1election for a term of six years.

2(ii) In boroughs providing for one elected
3controller, the controller shall:

4(A) be elected at the municipal election;

5(B) be a competent accountant and a registered
6elector of the borough for at least four years prior
7to the individual's election; and

8(C) serve for a term of four years.

9(4) As follows:

10(i) Except as provided under subparagraph (ii), in
11boroughs not divided into wards, seven members of
12council.

13(ii) In a borough with a population of less than
143,000 as determined by the latest official census, the
15total number of members of council may be reduced from
16seven to five or to three upon petition to the court of
17common pleas, as provided under section 818 (relating to 
18decrease in number of members of council).

19(5) As follows:

20(i) Except as provided under subparagraph (ii), in
21boroughs divided into wards, at least one and not more
22than two members of council in each ward.

23(ii) In boroughs in which prior to January 1, 1966, 
24three members of council were elected in each ward, three
25members of council in each ward unless the number is
26reduced as provided under this part. Members of council
27shall:

28(A) be residents of the ward from which they are
29elected; and

30(B) be chosen by the electors of the ward.

1(b) Terms.--The term of an elected officer under this
2section shall begin the first Monday of January succeeding the
3individual's election.

4SUBCHAPTER B

5MEMBERS OF COUNCIL

6Sec.

7811. Election.

8812. Election of members of council.

9813. Fixing number of members of council.

10814. Increase in number of ward council members.

11815. Decrease of number of ward council members.

12816. Election of members of council where wards abolished.

13817. Vacancies created after a primary election.

14818. Decrease in number of members of council.

15§ 811. Election.

16Biennially, at the municipal election, a sufficient number of
17members of council shall be elected to fill the places of
18members whose terms shall, under this part, expire on the first
19Monday of January following the election. Members elected under
20this section shall serve for a term of four years from the first
21Monday of January succeeding the municipal election.

22§ 812. Election of members of council.

23(a) General rule.--If council, by ordinance, divides any
24borough into wards, erects new wards out of two or more wards or
25parts of wards or divides a ward already erected into two or
26more wards, the ordinance shall provide for the election of an
27equal number of members of council, in each of the wards, in a
28manner as not to interfere with the terms of those previously
29elected.

30(b) Election of members.--The following shall apply:

1(1) If a borough is first divided into wards, the
2ordinance providing for the division shall fix the number of
3members of council in each ward at not more than two. If the
4entire number of council is to be composed of an even number,
5one-half of the entire number must be elected at each
6municipal election. If the entire number of council is to be
7an odd number, the ordinance shall establish two classes and
8provide that one-half of the entire number of members of
9council, less one, shall, as soon as possible, take their
10office in a year divisible by four, and the remaining number
11of members of council shall take their office in an even-
12numbered year not divisible by four.

13(2) The apportionment under paragraph (1) shall be equal
14or as nearly equal as possible representation by wards in
15each class. Biennially, at each municipal election, a
16sufficient number of members of council shall be elected, for
17the term of four years from the first Monday of January
18succeeding the election, to fill the places of those whose
19terms shall expire on the first Monday of January following
20the election.

21§ 813. Fixing number of members of council.

22If, upon the division of a borough into wards or the creation
23of a new ward, the number of members of council cannot be
24equally divided among the wards of the borough, it shall be
25lawful for council to increase the number of council members to
26and not exceeding a number that will enable equal apportionment
27of the members among the several wards of the borough. If a
28borough is first divided into wards, the number of members of
29council provided for a ward may not exceed two.

30§ 814. Increase in number of ward council members.

1Council may, upon petition of at least 5% of the registered
2electors of the borough, increase the number of members of
3council to any number not exceeding two for each ward. The
4sufficiency of the number of signers to the petition shall be
5ascertained as of the date when the petition is presented to
6council.

7§ 815. Decrease of number of ward council members.

8(a) General rule.--If, in any borough divided into wards,
9the council consists of more than seven members, at least 5% of
10the registered electors of the borough shall have the power to
11petition council for a decrease in the number of members of
12council from each ward, except that the council may not consist
13of less than seven members. The purpose of the decrease may be
14to achieve any of the following results:

15(1) A council which is less unwieldy in size.

16(2) A council which is comparable in size to those in
17boroughs not divided into wards.

18(3) A council consisting of an odd number of members
19instead of an even number.

20(4) A reduction in borough expenditures.

21(5) The expedition of the conduct of council meetings.

22(b) Petitions.--A petition under subsection (a) shall
23clearly state whether the petitioners request that the number of
24members of the council to be elected in each ward shall be
25reduced from two to one, or from three to two or one, and the
26reasons why the reduction in number is desired. The petition may
27state whether it is necessary to add a council member or members
28to be elected at large in order to achieve or maintain a council
29consisting of at least seven members or to achieve or maintain a
30council consisting of an odd number of members. The sufficiency

1of the number of signers to the petition shall be ascertained as
2of the date the petition is presented to council.

3(c) Notice.--The council shall give notice of the filing of
4the petition by advertisement in the legal newspaper of the
5county, if one is published in the county, and in one newspaper
6of general circulation, and a day and time for a public meeting.
7After the public meeting council may, by ordinance, decrease the
8number of council members elected from each ward from two to
9one, or from three to two or one, and may also provide for the
10election at large of a member or members of council.

11(d) Terms.--Council shall, if necessary, establish a
12schedule for the subsequent at-large election of council
13members. The schedule may provide that the initial term of one
14or more of the council members subsequently elected at large
15shall be reduced to accommodate a schedule of staggered at-large
16elections to eventually ensure that, as nearly as possible, one-
17half of the members of council elected at large will be elected
18at each municipal election. The following shall apply:

19(1) At each municipal election in the borough, if there
20are two members from each ward, the electors of each ward
21shall elect one council member to hold office for a term of
22four years from the first Monday of January succeeding the
23election.

24(2) At each municipal election in the borough, if there
25is one member from each ward, the electors from each of the
26odd-numbered wards shall, at the first municipal election,
27elect one council member for a term of four years, and the
28electors from each of the even-numbered wards shall elect one
29council member for a term of two years. At each succeeding
30municipal election, the electors of the even-numbered wards

1or odd-numbered wards shall each elect one council member for
2a term of four years to take the place of those whose terms
3are about to expire. The council members shall take office on
4the first Monday of January following their election.

5(e) Reduction.--In a borough where, under this section, the
6number of council members shall be reduced, the council members
7then in office shall remain in office until the end of their
8respective terms.

9§ 816. Election of members of council where wards abolished.

10(a) Abolishing.--If council, by ordinance, abolishes all
11wards in a borough, the ordinance shall provide for the election
12of seven members of council at large for the borough in a manner
13as not to interfere with the terms of those ward members of
14council previously elected. If there were previously:

15(1) Seven members of council, the ordinance shall
16provide that, at the first municipal election, the electors
17shall elect three or four members of council, as the case may
18be, the number to be elected shall be that which, when added
19to the number of members of council already in office whose
20terms are not about to expire, shall bring the membership of
21the council to seven. The newly elected members of council
22shall serve for terms of four years from the first Monday of
23January following the first municipal election, except that,
24in any case where the election of four members of council
25shall be required to bring the membership of council to its
26full complement of seven and only three members of council
27are elected at the municipal election in the other boroughs
28of the Commonwealth not divided into wards, three members of
29council shall be elected for four-year terms and one for a
30two-year term. At every succeeding municipal election, the

1electors shall elect three or four members of council, as the
2case may be, each to serve for a term of four years from the
3first Monday of January following the municipal election.

4(2) Eight or more members of council, the ordinance
5shall provide that, at the first municipal election, the
6electors shall elect a sufficient number of members of
7council that, when added to the number of members of council
8already in office whose terms are not about to expire, will
9bring the membership of the council to seven. The following
10shall apply:

11(i) The newly elected members of council shall serve
12for terms of four years from the first Monday of January
13following the first municipal election. At the second
14municipal election after the effective date of the
15ordinance, the electors shall elect a sufficient number
16of members of council, that, when added to the number of
17members of council elected at the previous municipal
18election, shall bring the membership of council to its
19full complement of seven. Some of the members of council
20elected at the second municipal election shall serve for
21a four-year term following the first Monday of January
22following the municipal election and the remainder shall
23serve for a two-year term, in an amount to bring the
24number to be elected in the borough in succeeding
25municipal elections into conformity with the number
26elected in the other boroughs of the Commonwealth not
27divided into wards.

28(ii) In the third and all subsequent municipal
29elections following the effective date of the ordinance,
30the electors shall elect three or four members of

1council, as the case may be, each to serve for a term of
2four years from the first Monday of January following the
3municipal election.

4(iii) In any borough in which, under the ward system
5of electing members of council, there shall be seven or
6more members of council whose terms shall not expire on
7the first Monday of January following the first municipal
8election after the effective date of the ordinance, no
9members of council shall be elected at the first
10municipal election, and the members of council remaining
11in office shall constitute the council until the first
12Monday of January following the second municipal election
13following the effective date of the ordinance.

14(iv) At the second municipal election, seven members
15of council shall be elected in the borough, some to serve
16for a four-year term of office from the first Monday of
17January following the second municipal election and the
18remainder to serve for a two-year term, in an amount to
19bring the number of members of council to be elected in
20the borough in succeeding elections into conformity with
21the number elected in other boroughs of the Commonwealth
22not divided into wards.

23(v) At the third and all subsequent municipal
24elections following the effective date of the ordinance,
25the electors shall elect three or four members of
26council, as the case may be, each to serve for a term of
27four years from the first Monday of January following the
28subsequent municipal election.

29(3) Six or fewer members of council, the ordinance shall
30provide that, at the first municipal election, the electors

1shall elect a sufficient number of members of council that,
2when added to the number of members of council already in
3office whose terms are not about to expire, shall bring the
4membership of council to its full complement of seven. Of the
5newly elected members of council, either three or four, as
6necessary to bring the number of members of council to be
7elected in the borough in succeeding municipal elections into
8conformity with the number elected in other boroughs of the
9Commonwealth not divided into wards, shall be elected for
10four-year terms of office, beginning the first Monday of
11January following the first municipal election, and the
12balance shall be elected for two-year terms. At the second
13municipal election following the effective date of the
14ordinance and at all subsequent municipal elections, the
15electors shall elect three or four members of council, as the
16case may be, to serve for a term of four years from the first
17Monday of January following the subsequent municipal
18election.

19(b) Vacancies.--At any time following the effective date of
20the ordinance, when a vacancy may occur in the office of a
21member of council originally elected or appointed from a
22particular ward, the individual appointed to fill the vacancy
23shall not be required to be a resident of the area formerly
24comprising the ward but shall be otherwise qualified for office
25as provided in section 801 (relating to eligibility).

26§ 817. Vacancies created after a primary election.

27If a vacancy is created in the office of a member of council
28by any ordinance or decree of court as provided in this
29subchapter after a primary election, it may be filled by
30nomination made by the committee as is authorized by the rules

1of the party to make nominations in the event of vacancies on
2the party ticket.

3§ 818. Decrease in number of members of council.

4(a) Petition by electors.--The court of common pleas may,
5upon petition of at least 5% of the registered electors of any
6borough not divided into wards, which, according to the latest
7official census, had a population of not more than 3,000, reduce
8the total number of members of council for the borough from
9seven to five or to three. The sufficiency of the number of
10signers to the petition shall be ascertained as of the date when
11the petition is presented to court.

12(b) Notice.--The court shall give notice of the filing of
13the petition by advertisement in the legal newspaper of the
14county, if one is published in the county, and in one newspaper
15of general circulation and fix a day and time for hearing. After
16the hearing, the court may decrease the number of members of
17council elected in the borough from seven to five or to three,
18as requested in the petition.

19(c) Number to be elected.--

20(1) At the municipal election following the decrease in
21the number of members of council from seven to five:

22(i) If four members of council would otherwise have
23been elected, three members shall be elected.

24(ii) If three members of council would otherwise
25have been elected, two members shall be elected.

26(2) At the second municipal election following the
27decrease in the number of members of council:

28(i) If four members of council would otherwise have
29been elected, three members shall be elected.

30(ii) If three members of council would otherwise

1have been elected, two members shall be elected.

2(3) At all following municipal elections, the proper
3number of members of council shall be elected to correspond
4to the number of members of council whose terms are to expire
5the first Monday of the following January.

6(d) Election.--

7(1) At the municipal election following the decrease in
8the number of members of council from seven to three:

9(i) If four members of council would otherwise have
10been elected, two members shall be elected.

11(ii) If three members of council would otherwise
12have been elected, one member shall be elected.

13(2) At the second municipal election following the
14decrease in the number of members of council in the borough:

15(i) If four members of council would otherwise have
16been elected, two members shall be elected.

17(ii) If three members of council would otherwise
18have been elected, one member shall be elected.

19(3) At all the following municipal elections, the proper
20number of members of council shall be elected to correspond
21to the number of members of council whose terms are to expire
22the first Monday of the following January.

23(f) Terms.--In any borough in which, under this section, the
24number of members of council shall be reduced, the members of
25council then in office shall remain in office until the end of
26their respective terms. If a borough attains a population in
27excess of 3,000, according to the latest official census, the
28number of members of council shall automatically be increased
29from three or five to seven, following the reverse of the
30procedure set forth in subsection (c) or (d).

1SUBCHAPTER C

2MAYOR

3(Reserved)

4SUBCHAPTER D

5AUDITORS

6(Reserved)

7SUBCHAPTER E

8CONTROLLER

9(Reserved)

10SUBCHAPTER F

11ASSESSORS

12(Reserved)

13SUBCHAPTER G

14TAX COLLECTOR

15(Reserved)

16CHAPTER 9

17VACANCIES IN OFFICE

18Sec.

19901. Filling vacancies in elective borough offices.

20902. Collection of taxes where vacancy in office of tax
21collector not filled.

22903. Right of council to declare seat of member vacant for
23failure to qualify.

24904. (Reserved).

25904.1. Removal of elected official and appointee.

26905. Temporary auditor.

27§ 901. Filling vacancies in elective borough offices.

28(a) Vacancies.--If any vacancy occurs in the office of the
29mayor, member of council, auditor, controller or tax collector,
30by death, resignation or termination of residency from the

1borough, or from a ward in the case of a ward office, or by
2failure to take the required oath, to give bond as provided by
3law or ordinance or to provide the affidavit required under
4section 801 (relating to eligibility), or in any other manner
5whatsoever, the council shall fill the vacancy within 30 days by
6appointing, by resolution, a registered elector of the borough,
7or of the ward in case of a ward office, to hold the office, if
8the term continues that long, until the first Monday in January
9after the first municipal election occurring more than 60 days
10after the vacancy occurs, at which election an eligible
11individual shall be elected to the office for the remainder of
12the term. Except as provided in section 801(c), no individual
13shall be appointed to fill a vacancy in an elected borough or
14ward office unless the individual has resided within the
15borough, or within the ward in the case of a ward office,
16continuously for at least one year immediately prior to the
17individual's appointment.

18(b) Bond.--The individual appointed shall give bond if
19required by law or ordinance. If the individual elected to the
20office fails to give any bond required, to provide the affidavit
21required under section 801 or to take the required oath, the
22council, before making the appointment, shall declare the office
23vacant.

24(c) Unfilled vacancies.--If the council of any borough
25refuses, fails, neglects or is unable, for any reason
26whatsoever, to fill any vacancy within 30 days after the vacancy
27happens, as provided in this section, the vacancy shall be
28filled within 15 additional days by the vacancy board. The
29vacancy board shall consist of the council, exclusive of the
30mayor, and one registered elector of the borough who shall be

1appointed by the council at the council's first meeting each
2calendar year or as soon as practical and who shall act as chair
3of the vacancy board. The vacancy board shall appoint a
4registered elector of the borough, or ward in the case of a ward
5office, to hold the office, if the term continues that long,
6until the first Monday in January after the first municipal
7election occurring more than 60 days after the vacancy occurs,
8at which election an eligible individual shall be elected to the
9office for the remainder of the term.

10(d) Board petition.--If the vacancy is not filled by the
11vacancy board within 15 days, the chair shall, or in the case of
12a vacancy in the chair, the remaining members of the vacancy
13board shall petition the court of common pleas to fill the
14vacancy by the appointment of a registered elector of the
15borough, or ward in the case of a ward, to hold the office, if
16the term continues that long, until the first Monday in January
17after the first municipal election occurring more than 60 days
18after the vacancy occurs, at which election an eligible
19individual shall be elected to the office for the remainder of
20the term.

21(e) Elector petition.--If vacancies exist in more than a
22majority of the offices of council, the court of common pleas
23shall fill the vacancies upon presentation of petition signed by
24not less than 15 registered electors of the borough.

25§ 902. Collection of taxes where vacancy in office of tax
26collector not filled.

27If a vacancy in the office of tax collector exists and no
28registered elector of the borough has, within 30 days, received
29the appointment to fill the vacancy, the county commissioners,
30the council and the board of school directors of the school

1district shall collect the tax for the county, the borough and
2the school district, respectively, through their respective
3treasurers, or for school districts, at the option of the
4district, through their secretaries, and for boroughs, at the
5option of the council, through their secretaries or borough
6managers. Nothing in this section shall prohibit a borough from
7providing for agreements or the joint collection of taxes in
8accordance with section 4.4 of the act of May 25, 1945
9(P.L.1050, No.394), known as the Local Tax Collection Law.

10§ 903. Right of council to declare seat of member vacant for
11failure to qualify.

12If an individual, elected or appointed as a member of council
13and notified of election or appointment refuses or neglects to
14qualify as a member of council within ten days following the
15beginning of the individual's term of office, unless prevented
16by sickness or necessary absence from the borough, the council,
17acting without the individual, may declare the individual's
18office as member of council vacant and may fill the vacancy as
19provided in section 901 (relating to filling vacancies in 
20elective borough offices). For these actions, a majority of the
21remaining members of the council shall constitute a quorum.

22§ 904. (Reserved).

23§ 904.1. Removal of elected official and appointee.

24(a) Rule.--A borough officer who is elected or appointed to
25fill a vacancy in elective office may be removed from office as
26follows:

27(1) By impeachment.

28(2) By the Governor for reasonable cause after notice
29and full hearing on the advice of two-thirds of the Senate.

30(3) On conviction of misbehavior in office or of an

1infamous crime.

2(b) Title.--The title to office of a borough officer under
3subsection (a) may be tried by quo warranto.

4§ 905. Temporary auditor.

5If for any reason two or three vacancies exist in the office
6of borough auditors, the council may temporarily appoint and
7reasonably compensate a qualified individual, who need not be an
8elector of the borough, who shall have all the powers and duties
9of the two or three auditors whose offices are vacated.

10CHAPTER 10

11POWERS AND DUTIES

12OF ELECTED OFFICIALS

13Subchapter

14A. Council

15B. Mayor (Reserved)

16C. Auditors

17D. Controller

18E. (Reserved)

19F. Tax Collector

20SUBCHAPTER A

21COUNCIL

22Sec.

231001. Organization of council, quorum, participation by
24telecommunication device, voting, compensation and
25eligibility.

261002. Oath of members of council.

271003. When the mayor may preside over council and vote,
28attendance of mayor at council meetings and breaking
29tie votes.

301004. Failure of council to organize.

11005. Powers of council.

21006. Duties of council.

31007. (Reserved).

41008. (Reserved).

51009. Typewritten, printed, photocopied, microfilmed and
6electronically or digitally stored records valid and
7recording or transcribing records.

81010. (Reserved).

91011. (Reserved).

101012. (Reserved).

111013. (Reserved).

121014. Hearings before council; witnesses.

131015. Witness fees and mileage.

141016. Examination of witnesses; penalty.

15§ 1001. Organization of council, quorum, participation by
16telecommunication device, voting, compensation and
17eligibility.

18(a) Organization.--The council shall organize on the first
19Monday of January of each even-numbered year by electing one
20member as president and one member as vice-president, who shall
21hold the offices at the pleasure of the council. If the first
22Monday is a legal holiday, the meeting and organization shall
23take place the following day. Any action taken by any council at
24any time between 12:01 a.m. on January 1 of an even-numbered
25year and the organization of council in that year shall be
26subject to reconsideration by the new council at any time within
27ten days after organization. The council may, at the
28organizational meeting, appoint other officers as may be
29provided for by law or ordinance, or as may be deemed necessary
30for the conduct of affairs of the borough, and may transact any

1other business as may come before the meeting. The president,
2and during the president's absence or incapacity, the vice-
3president, shall preside over the meetings of council and
4perform other duties as are prescribed by this part or by
5ordinance.

6(b) Quorum.--A majority of the membership of council then in
7office shall constitute a quorum. Except as provided in
8subsection (c), only council members physically present at a
9meeting place within the borough shall be counted in
10establishing a quorum.

11(c) Telecommunication.--Council may provide for the
12participation of council members in council meetings by means of
13telecommunication devices, such as telephones or computer
14terminals, which permit, at a minimum, audio communication
15between locations, if the following apply:

16(1) A majority of the membership of council then in
17office is physically present at the advertised meeting place
18within the borough and a quorum is established at the
19convening or reconvening of the meeting. If, after the
20convening or reconvening of a meeting, a member has been
21disqualified from voting as a matter of law, but is still
22physically present, council members participating by
23telecommunication device in accordance with this section
24shall be counted to maintain a quorum.

25(2) The telecommunication device used permits the member
26or members of council not physically present at the meeting
27to:

28(i) speak to and hear the comments and votes, if
29any, of the members of council who are physically
30present, as well as other members of council who may not

1be physically present and are also using a
2telecommunication device to participate in the meeting;
3and

4(ii) speak to and hear the comments of the public
5who are physically present at the meeting.

6(3) The telecommunication device used permits the
7members of council and the members of the public who are
8physically present at the meeting to speak to and hear the
9comments and the vote, if any, of the member or members of
10council who are not physically present at the meeting.

11(4) Physical absence of a council member. Council may
12only authorize participation by telecommunication device for
13one or more of the following reasons:

14(i) illness or disability of the member of council;

15(ii) care for the ill or newborn in the member's
16immediate family;

17(iii) emergency; and

18(iv) family or business travel.

19(5) Nothing in this subsection shall be construed to
20limit the protections and prohibitions contained in any law
21or regulation relating to the rights of the disabled.

22(d) Voting.--A member of the council shall not be
23disqualified from voting on any issue before the council solely
24because the member has previously expressed an opinion on the
25issue in either an official or unofficial capacity.

26(e) Compensation.--Members of council may receive
27compensation to be fixed by ordinance as follows:

28(1) In boroughs with a population of less than 5,000, a
29maximum of $1,875 per year.

30(2) In boroughs with a population of 5,000 or more but

1less than 10,000, a maximum of $2,500 per year.

2(3) In boroughs with a population of 10,000 or more but
3less than 15,000, a maximum of $3,250 per year.

4(4) In boroughs with a population of 15,000 or more but
5less than 25,000, a maximum of $4,125 per year.

6(5) In boroughs with a population of 25,000 or more but
7less than 35,000, a maximum of $4,375 per year.

8(6) In boroughs with a population of 35,000 or more, a
9maximum of $5,000 per year.

10The salaries shall be payable monthly or quarterly for the
11duties imposed by this part. Benefits provided to members of
12council under section 1202(26) (relating to specific powers)
13shall not be considered pay, salary or compensation, but payment
14for all or a part of the premiums or charges for the benefits
15shall be in accordance with section 1202(26). Any change in
16salary, compensation or emoluments of the elected office shall
17become effective at the beginning of the next term of the member
18of council.

19(f) Eligibility for compensation.--The population shall be
20determined by the latest available official census figures. In
21no case shall the compensation for any member of council exceed
22that of the mayor in any given borough, but, if the mayor's
23compensation exceeds that authorized by this section for members
24of council, the president of council may receive compensation
25not to exceed that of the office of mayor.

26§ 1002. Oath of members of council.

27Before entering upon the duties of their offices, the members
28of council shall take and subscribe an oath or affirmation of
29office under 53 Pa.C.S. § 1141 (relating to form of oaths of
30office). The oath or affirmation may be taken before any judge

1or magisterial district judge of the county, a notary public or
2the mayor of the borough when the individual has qualified, and
3the oath or affirmation shall be filed with the borough
4secretary and preserved among the records of the borough for a
5period of six years.

6§ 1003. When the mayor may preside over council and vote,
7attendance of mayor at council meetings and breaking
8tie votes.

9(a) Presiding over meetings.--The mayor shall preside over
10the organization of the council until it is organized as
11provided in section 1001 (relating to organization of council, 
12quorum, participation by telecommunication device, voting, 
13compensation and eligibility), and shall be deemed a member of
14council at the organizational meeting if the mayor's membership
15becomes necessary to constitute a quorum.

16(b) Voting at meetings.--The mayor shall not vote at the
17meeting unless the mayor's vote shall, for any reason, be
18required to effect the organization of council or to elect any
19officer who is required to be or may be elected at the
20organizational meeting. If the mayor is absent from the
21organizational meeting, one of the members of council physically
22present at the meeting and chosen by the members eligible to
23vote at the meeting shall preside.

24(c) Attendance.--The mayor may attend any or all regular and
25special meetings of council and take part in the discussions of
26the council on matters pertaining to borough affairs, subject to
27any restrictions applicable to members of council contained in
28the rules of order or bylaws of the council.

29(d) Tie votes.--

30(1) If, by reason of a tie or split vote, the council

1shall be unable to:

2(i) enact or pass any ordinance, resolution or
3motion;

4(ii) declare any vacancy pursuant to section 903
5(relating to right of council to declare seat of member 
6vacant for failure to qualify);

7(iii) fill any other vacancy in its membership or in
8any other borough office.

9(iv) take any action on any matter lawfully brought
10before it;

11the mayor, if in attendance at the meeting, may, at the
12mayor's option, cast the deciding vote or shall direct that
13the matter be tabled until a special meeting of council.

14(2) The special meeting of council shall be held within
15not less than five days or more than ten days at which time
16the matter shall be reconsidered by council.

17(3) If a tie or split vote still exists, it shall be the
18duty of the mayor at that time to cast the deciding vote.

19(4) If a tie or split vote occurs at any meeting when
20the mayor is not in attendance, the matter shall be tabled to
21a special meeting to be held within not less than five days
22or more than ten days as set by the president of council, and
23the mayor shall be given at least five days' notice of the
24meeting, at which meeting it shall be the duty of the mayor
25to cast the tie-breaking vote.

26§ 1004. Failure of council to organize.

27If the council of any borough fails to organize within ten
28days from the time prescribed in this chapter, the court of
29common pleas, upon the petition of at least ten registered
30electors of the borough verified by the affidavit of one of the

1petitioners, shall issue a rule upon the delinquent members of
2council to show cause why their seats should not be declared
3vacant. The rule shall be returnable not less than five days
4from the time of its issue, and, after hearing, the court may
5declare the seats of the members of council responsible for the
6failure to organize vacant and shall appoint others in their
7place, who shall hold office for the respective unexpired terms.

8§ 1005. Powers of council.

9The council shall have power:

10(1) To, by motion, ordinance or resolution, create the
11offices of and appoint, a treasurer, a secretary, a
12solicitor, an engineer, a street commissioner and other
13officers as it deems necessary. The treasurer and the
14secretary shall not be members of council. A bank or bank and
15trust company may be appointed as treasurer. All officers and
16employees appointed by the council, with the exception of
17those who under this part or any other act are under civil
18service or have a definite term of office, shall serve for an
19indefinite term at the pleasure of the council.

20(2) To mitigate or remit fines and forfeitures in
21reasonable cases.

22(3) By resolution, to make temporary loans on the credit
23of the borough in anticipation of taxes to be collected and
24issue certificates of indebtedness. The loans shall be repaid
25from the first money available from taxes in anticipation of
26which the loans were made.

27(4) With respect to depositories and securities, to:

28(i) Appoint and revoke the appointment of one or
29more depositories for borough funds and to fix and
30approve security to be furnished by the depository. The

1security may be bonds with corporate or individual
2securities to be approved by council, or collateral
3security consisting of obligations of the United States
4or the Commonwealth or any political subdivision,
5deposited with the borough or with any bank or trust
6company within this Commonwealth and of a market value of
7120% of the amount of the deposit to be secured. Any
8deposit of collateral shall be under proper agreement and
9be accompanied by proper assignment or power of attorney
10for the transfer of the collateral. The borough treasurer
11shall deposit all borough funds in a depository
12designated under this subparagraph. If borough funds are
13deposited under this subparagraph, the borough treasurer
14shall be released and discharged from further liability
15on account of the deposit.

16(ii) Subparagraph (i) shall not be construed to
17require a depository to furnish bond or collateral
18security to cover the amount of any deposit to the extent
19that the deposit is insured with the Federal Deposit
20Insurance Corporation.

21(5) To secure indemnity bonds or policies of insurance
22as it may deem necessary to protect the borough from loss by
23reason of fire, flood, windstorm, burglary, larceny,
24negligence or dishonesty or insolvency of a depository, or
25otherwise, and to pay for the protection the usual or
26customary costs.

27(6) With respect to investments, to:

28(i) make investment of borough sinking funds as 
29authorized by 53 Pa.C.S. Pt. VII Subpt. B (relating to 
30indebtedness and borrowing);

1(ii) make investment of money in the general fund
2and in special funds of the borough other than the
3sinking funds as authorized by Chapter 13 (relating to 
4taxation and finance); and

5(iii) liquidate any investment, in whole or in part,
6by disposing of securities or withdrawing funds on
7deposit. Any action taken to make or to liquidate any
8investment shall be made by the officers designated by
9action of the council.

10(7) To provide, by ordinance passed by a two-thirds vote
11of the entire number of members of council elected, for the
12appointment of an independent auditor who shall be a
13certified public accountant registered in this Commonwealth,
14a firm of certified public accountants registered in this
15Commonwealth or a competent public accountant or a competent
16firm of public accountants.

17(i) When an ordinance has been adopted, an
18independent auditor shall be appointed annually, by
19resolution before the close of the fiscal year, to make
20an independent examination of the accounting records of
21the borough for the fiscal year, and the independent
22auditor shall also perform the other duties and exercise
23the powers as conferred upon the independent auditor
24under Subchapter C (relating to auditors).

25(ii) When an independent auditor is appointed as
26provided in this paragraph, the office of elected borough
27auditor or controller is abolished, but the borough
28auditors or controller then in office shall continue to
29hold their office during the term for which elected, and
30the borough auditors or controller shall not audit,

1settle or adjust the accounts audited by the independent
2auditor, but shall perform the other duties of their
3office.

4(iii) If any borough has provided by ordinance for
5the audit of its accounts by an appointed auditor, the
6borough shall have the right at any time to repeal the
7ordinance, and the office of appointed auditor shall be
8abolished as of the date set in the ordinance. The
9borough shall have the further right at the next
10municipal election following the repeal of the ordinance
11to elect three auditors, one for a term of two years, one
12for a term of four years and one for a term of six years,
13from the first Monday of January following the election,
14which auditors shall succeed the appointed auditor and
15shall have and possess all the powers and perform all the
16duties provided in this part for elected auditors. If, at
17any time after the effective date of any ordinance
18abolishing the office of appointed auditor, there shall
19be a vacancy in the office of elected auditor, council
20shall fill the vacancies in the manner prescribed in
21section 901 (relating to filling vacancies in elective 
22borough offices).

23(8) To make, authorize and ratify expenditures for
24lawful purposes from funds available or from funds borrowed
25within legal limits.

26(9) To pay authorized expenses incurred by elected and
27appointed borough officers in connection with their duties or
28other borough business.

29§ 1006. Duties of council.

30It shall be the duty of the council:

1(1) To organize, under section 1001 (relating to 
2organization of council, quorum, participation by 
3telecommunication device, voting, compensation and 
4eligibility), in even-numbered years.

5(2) To meet at a stated time at least once a month.
6Council may adjourn to a stated time for general business or
7for special businesses. If no quorum is present at a regular,
8special or reconvened meeting, a majority of those who do
9meet may agree upon another date for like business in a
10manner consistent with 65 Pa.C.S. Ch. 7 (relating to open
11meetings). Special meetings may be called by the president of
12council or upon written request of at least one-third of the
13members of council. Members shall have at least 24 hours'
14notice of the special meetings. The notice shall state
15whether it is for general or special purposes, and, if it is
16for special purposes, the notice shall contain a general
17statement of the nature of the business to be transacted.
18Presence at a meeting constitutes waiver of notice. Council
19may adopt rules relating to the calling and holding of
20special meetings, which rules shall supersede the provisions
21of this section, provided that the rules comply with the
22provisions of 65 Pa.C.S. Ch. 7.

23(3) To make and preserve records of its proceedings.

24(4) To enact, revise, repeal and amend ordinances and
25resolutions under Chapter 33 (relating to ordinances), and
26bylaws, rules and regulations, not inconsistent with the laws
27of this Commonwealth, as it deems beneficial to the borough
28and to provide for the enforcement of the same. Unless
29otherwise provided, all powers shall be exercised by vote of
30the majority of council eligible to vote at a meeting.

1Routine, ministerial or administrative purchases and powers
2may be made and exercised by officers or committees if
3authority for the action was previously given or if the
4action is subsequently ratified by council. If any action by
5the council results in a specific written contract or
6agreement, the contract or agreement shall be signed by the
7president of the council.

8(5) To cause notices to be served, as required by law or
9ordinance, in a manner council may by motion or other action
10decide.

11(6) To fix the compensation of all of the borough
12officers, appointees and employees.

13(7) To fix the amount of security to be given by the
14treasurer, and of other officers, appointees and employees as
15it may designate.

16§ 1007. (Reserved).

17§ 1008. (Reserved).

18§ 1009. Typewritten, printed, photocopied, microfilmed and
19electronically or digitally stored records valid and
20recording or transcribing records.

21(a) Validity.--All borough records required to be recorded
22or transcribed shall be deemed valid if typewritten, printed,
23photocopied, microfilmed or electronically or digitally stored
24or retained by any other process that accurately reproduces the
25original and forms a durable medium for recording, storing and
26reproducing in accordance with the act of May 9, 1949 (P.L.908,
27No.250), entitled "An act relating to public records of
28political subdivisions other than cities and counties of the
29first class; authorizing the recording and copying of documents,
30plats, papers and instruments of writing by digital,

1photostatic, photographic, microfilm or other process, and the
2admissibility and enlargements in evidence; providing for the
3storage of duplicates and sale of microfilm and digital copies
4of official records and for the destruction of other records
5deemed valueless; and providing for the services of the
6Pennsylvania Historical and Museum Commission to political
7subdivisions."

8(b) Requirements.--If recording or transcribing in a
9specified book of record is required, including minutes of the
10proceedings of the council, the records shall be recorded or
11transcribed as follows:

12(1) in a mechanical post binder book capable of being
13permanently sealed with consecutively numbered pages with a
14security code printed on it and a permanent locking device
15with the borough seal being impressed upon each page; or

16(2) in a bound book with pages being consecutively
17numbered by transcribing directly upon the pages of the book
18of record or by permanently attaching the records or copies
19to the book of record with the borough seal being impressed
20upon each page to which the record is attached, with each
21impression covering both a portion of the attached record and
22a portion of the page of the book of record to which the
23record is attached.

24(c) Previously recorded documents.--All records previously
25recorded or transcribed in any manner authorized by this part at
26the time the records were recorded or transcribed are validated.

27§ 1010. (Reserved).

28§ 1011. (Reserved).

29§ 1012. (Reserved).

30§ 1013. (Reserved).

1§ 1014. Hearings before council; witnesses.

2Councils may compel the attendance of witnesses and the
3production of books, papers or other evidence at any meeting of
4the council or any committee of the council and for that purpose
5may issue subpoenas, signed by the president of council or the
6chair of the committee, which shall be served in any part of
7this Commonwealth. If a witness refuses to testify to any fact
8within the witness's knowledge or to produce any books or papers
9in the witness's possession or control required to be used as
10evidence in any case, the borough solicitor shall report the
11facts relating to the refusal to the court of common pleas. If
12the court determines the evidence required of the witness to be
13legal and competent, it shall order the witness to testify or
14produce the evidence required.

15§ 1015. Witness fees and mileage.

16No individual residing outside the borough and subpoenaed
17under section 1014 (relating to hearings before council, 
18witnesses) shall be required to respond to the subpoena until
19mileage to and from the borough at the rate established by the
20council under the act of July 20, 1979 (P.L.156, No.51),
21referred to as the Uniform Mileage Fee Law, and witness fees as
22required by law relating to witnesses have been paid.

23§ 1016. Examination of witnesses; penalty.

24An individual called as a witness, as provided in this 
25chapter, may be examined under oath, administered by the
26president of council or chair of the committee and, for the
27giving of false testimony, shall be liable for prosecution under
28applicable laws for perjury.

29SUBCHAPTER B

30MAYOR

1(Reserved)

2SUBCHAPTER C

3AUDITORS

4Sec.

51041. Auditors to meet yearly and audit accounts.

61042. (Reserved).

71043. (Reserved).

81044. (Reserved).

91045. (Reserved).

101046. (Reserved).

111047. (Reserved).

121048. (Reserved).

131049. (Reserved).

141050. (Reserved).

151051. (Reserved).

161052. (Reserved).

171053. Compensation of auditors.

181054. (Reserved).

191055. Subpoenas, oath and perjury.

201056. (Reserved).

211057. (Reserved).

221058. Pay of witnesses.

231059. Auditors to settle accounts where witnesses do not
24appear.

251059.1. Completion, filing and publication of auditor's report
26and financial statement.

271059.2. Attorney to auditors.

281059.3. Surcharge by auditors.

291059.4. Appeals from audit.

301059.5. Taxpayers appealing to enter bond.

11059.6. Procedure on appeals.

21059.7. Findings of fact and law, judgment and appeals.

31059.8. Attorney fees.

41059.9. Balances due to be entered as judgments.

51059.10. Penalty for failure to comply with law.

61059.11. General powers and duties of independent auditor.

7§ 1041. Auditors to meet yearly and audit accounts.

8(a) First meeting.--The auditors of the borough shall meet
9on the first Tuesday of January of each year and shall organize
10by the election of a chair and a secretary. If the first Tuesday
11is a legal holiday, the meeting and organization shall take
12place the following day. Two auditors shall constitute a quorum.

13(b) Audits.--The auditors:

14(1) Shall audit, adjust and settle the accounts of the
15tax collectors, the magisterial district judge and all
16officers of the borough.

17(2) May audit, adjust and settle the accounts of any
18person, corporation, association, organization, committee or
19commission receiving or expending borough funds.

20(3) Audit and report to the council, upon the accounts
21of every officer of the borough, upon the death, resignation,
22removal or expiration of the term of the officer.

23Unless otherwise agreed to by the auditors and the person being
24audited, the audit shall be conducted at the place the records
25of the person are normally kept.

26(b.1) Cancellation.--All orders, vouchers and certificates
27of indebtedness which have been paid shall, on their
28presentation to the auditors, be canceled by writing or stamping
29the word "audited" on the face of the documents.

30(c) (Reserved).

1(d) (Reserved).

2(e) (Reserved).

3(f) (Reserved).

4(g) (Reserved).

5§ 1042. (Reserved).

6§ 1043. (Reserved).

7§ 1044. (Reserved).

8§ 1045. (Reserved).

9§ 1046. (Reserved).

10§ 1047. (Reserved).

11§ 1048. (Reserved).

12§ 1049. (Reserved).

13§ 1050. (Reserved).

14§ 1051. (Reserved).

15§ 1052. (Reserved).

16§ 1053. Compensation of auditors.

17(a) General compensation.--Subject to the limitations set
18forth in subsection (b), each auditor shall receive $10 per hour
19for each hour or portion of an hour necessarily employed in the
20discharge of the auditor's duties, to be paid by the borough.

21(b) Limits.--No auditor in a borough having a population of
2210,000 or less shall be entitled to receive more than $1,000 for
23completing the annual audit, settlement and adjustment. No
24auditor in a borough having a population in excess of 10,000
25shall be entitled to receive more than $2,000 for completing the
26annual audit, settlement and adjustment.

27(c) Reimbursements.--Each auditor shall be reimbursed for 
28travel costs incurred in the performance of the auditing duties 
29at the rate established by the council under the act of July 20, 
301979 (P.L.156, No.51), referred to as the Uniform Mileage Fee
 

1Law, and for other actual expenses, including postage, notary 
2fees or publication costs, necessarily incurred during the 
3audit.

4§ 1054. (Reserved).

5§ 1055. Subpoenas, oath and perjury.

6(a) Subpoenas.--A majority of the auditors of any borough
7shall have the power to issue subpoenas to obtain the attendance
8of the persons whose accounts they are required to adjust, their
9executors and administrators, and of any persons whom it may be
10necessary to examine as witnesses and to compel their
11attendance, and may also compel the production of all documents,
12including books, vouchers and papers relative to borough
13accounts. If any person refuses or neglects to appear, to
14produce documents or to testify, the auditors shall petition the
15court of common pleas of the county to issue a subpoena to the
16person and to require the person to produce documents or to
17appear and to testify before the court. The court shall issue
18the subpoena if it deems the documents or testimony relevant to
19the issue.

20(b) Oaths.--The auditors of any borough shall have power to
21administer oaths and affirmations to all persons brought or
22appearing before them, whether accountants, witnesses or
23otherwise. Persons guilty of swearing or affirming falsely on
24the examination commits perjury.

25§ 1056. (Reserved).

26§ 1057. (Reserved).

27§ 1058. Pay of witnesses.

28Witnesses, other than officers of the borough, appearing
29before the auditors and individuals or officers serving
30subpoenas shall be paid, out of the borough treasury upon

1authorization signed by a majority of the auditors and orders
2drawn on the borough treasury, the same fees as are payable for
3rendering similar services in civil proceedings before a
4magisterial district judge. The amount paid shall be made a part
5of the charge against any officer who shall be charged by the
6auditors with any balance, if the costs have been incurred in
7establishing the balance. The costs collected from any officer
8shall be repaid into the borough treasury.

9§ 1059. Auditors to settle accounts where witnesses do not
10appear.

11If any person in possession of documents relative to public
12accounts before auditors refuses to produce the same or if any
13officer whose accounts are to be settled and adjusted by the
14auditors refuses to appear or submit to examination as directed
15by this subchapter, the auditors or a majority of them may
16proceed, by the examination of witnesses and other evidence, to
17ascertain and settle, as near as may be, the amount of public
18money received by the officer and its application to public
19purposes or otherwise.

20§ 1059.1. Completion, filing and publication of auditor's
21report and financial statement.

22(a) Reports.--The auditors shall complete the annual audit,
23adjustment and settlement as soon as possible after the end of
24the fiscal year. The auditors shall, within ten days after
25completing the annual audit, publish once, in at least one
26newspaper of general circulation, a concise financial statement
27setting forth all of the following:

28(1) The balance in the treasury at the beginning of the
29fiscal year.

30(2) All revenue received during the fiscal year by major

1classifications.

2(3) All expenditures made during the fiscal year by
3major functions and the current resources and liabilities of
4the borough at the end of the fiscal year.

5(4) The gross liability and net debt of the borough.

6(5) The amount of assessed valuation of the borough.

7(6) The assets of the borough with their character and
8value.

9(7) The date of the last maturity of the respective
10forms of funded debt.

11(8) The assets in each sinking fund.

12(b) Details.--The auditors shall prepare a report which
13shall contain an audit of the accounts of the last fiscal year
14and shall also show a complete statement of the financial
15condition of the borough, giving in detail all of the following:

16(1) The actual indebtedness.

17(2) The amount of funded debt.

18(3) The amount of floating debt.

19(4) The valuation of taxable property in the borough.

20(5) The assets of the borough with their character and
21value.

22(6) The date of maturity of the respective forms of
23funded debt of the borough.

24(b.1) Filing of reports and penalties.--The reports shall be
25prepared no later than 90 days after the close of the fiscal
26year. It shall be the duty of the secretary of the auditors to
27file a copy of the report with the secretary of the borough,
28with the clerk of the court of common pleas of the county or the
29prothonotary under local rules of court, with the Department of
30Transportation and with the Department of Community and Economic

1Development no later than 90 days after the close of the fiscal
2year. Any secretary of the auditors refusing or willfully
3neglecting to file the report commits a summary offense. If the
4failure to file the report within the period specified is due to
5the failure of any or all of the auditors to prepare the
6statement upon which the report is to be based, the auditor
7commits a summary offense.

8(c) Service of report.--The secretary of the auditors shall
9serve, by registered or certified mail, notice to every elected
10or appointed official against whom a balance or shortage appears
11in the report required under subsection (b). The notice shall be
12served prior to the filing of the report and shall indicate the
13amount of the balance or shortage and a brief description of how
14the balance or shortage was derived. The notice shall indicate
15that the balance or shortage is deemed a surcharge under section
161059.3 (relating to surcharge by auditors) and shall apprise the
17officer served of the right to appeal under section 1059.4
18(relating to appeals from audit). Service of notice is complete
19when the notice is properly addressed, postage prepaid and
20mailed. Failure to receive the notice required by this
21subsection shall not constitute grounds for relief from any
22judgment entered under this chapter.

23(d) Presentation.--The annual auditors report and the annual
24financial statement shall be presented on a uniform form
25prepared by a committee as provided in Chapter 13 (relating to 
26taxation and finance).

27§ 1059.2. Attorney to auditors.

28The borough auditors may employ an attorney if deemed
29advisable by a majority of the auditors. The auditors, with the
30agreement of council, shall determine the compensation to be

1paid to the attorney. If the auditors and council cannot agree
2on the compensation, upon petition of the auditors, the court of
3common pleas shall establish the compensation for the attorney
4employed by the auditors. The compensation for the attorney
5shall be paid out of the borough general fund.

6§ 1059.3. Surcharge by auditors.

7(a) Surcharges.--

8(1) The amount of any balance or shortage or of any
9expenditure of a kind or made in a manner prohibited or not
10authorized by statute which causes a financial loss to the
11borough shall be a surcharge against any officer against whom
12the balance or shortage shall appear, or who by vote, act or
13neglect has permitted or approved the expenditure.

14(2) The following shall apply:

15(i) No elected or appointed official of a borough
16may be surcharged for any act, error or omission in
17excess of the actual financial loss sustained by the
18borough.

19(ii) A surcharge shall take into consideration as
20its basis the results of the act, error or omission and
21the results had the procedure been strictly in accordance
22with law.

23(iii) Subparagraph (i) shall not apply to cases
24involving fraud or collusion on the part of officers nor
25to any penalty enuring to the benefit of or payable to
26the Commonwealth. Notwithstanding this section, the
27procedures in the act of May 25, 1945 (P.L.1050, No.394),
28known as the Local Tax Collection Law, shall apply to
29balances and shortages in the tax accounts of the tax
30collector.

1(b) Illegal acts.--In any matter involving a financial
2transaction, any official knowingly and willfully acting
3contrary to law commits a misdemeanor and, upon conviction, may
4be sentenced to pay a fine not exceeding $100.

5§ 1059.4. Appeals from audit.

6It shall be lawful for the borough, or any taxpayer of the
7borough on its behalf, or any person whose account is settled or
8audited, to appeal from the settlement or audit, as shown in the
9auditors report, to the court of common pleas of the county no
10later than 40 days from the date of the filing of the auditor's
11report with the clerk of common pleas.

12§ 1059.5. Taxpayers appealing to enter bond.

13No appeal by a taxpayer or officer may be allowed unless,
14within the time of taking the appeal, the appellant secures a
15bond in the sum of $1,000 with sufficient surety to prosecute
16the appeal and to pay all costs of appeal, in case, if the
17appellant is a taxpayer, the appellant fails to obtain a final
18decision more favorable to the borough than that awarded by the
19auditors or, in case, if the appellant is an accounting officer,
20the appellant fails to obtain a final decision more favorable to
21the officer than that awarded by the auditors. Unless the bond
22is filed as provided in this section, the court of common pleas,
23upon application, shall set aside the appeal.

24§ 1059.6. Procedure on appeals.

25(a) Evidence and burden.--In any proceeding upon an appeal
26from a report of the auditors, the accounts of the office or
27officers or the person, corporation, association, organization,
28committee or commission in question may be investigated de novo,
29and the burden shall be upon each officer, person, corporation,
30association, organization, committee or commission whose

1accounts are involved in the appeal of establishing the person's
2right to credits claimed by the person, but the opposing party
3in the appeal may use any facts, figures or findings of the
4report of the auditors as prima facie evidence against any
5officer or other entity.

6(b) Multiple appeals.--If more than one appeal from a report
7of the auditors has been taken, the court shall, on its own
8motion or upon motion of any interested party, direct the
9several appeals to be disposed of in a single proceeding.

10§ 1059.7. Findings of fact and law, judgment and appeals.

11After the hearing, the court shall file its findings of fact
12and law and enter judgment accordingly, and the judgment so
13entered may be enforced by the prevailing party by any
14appropriate proceeding. Appeals from the court's ruling may be
15taken in accordance with law.

16§ 1059.8. Attorney fees.

17(a) Fees awarded.--Upon final determination of an appeal
18taken under section 1059.4 (relating to appeals from audit) from
19any report, audit or settlement of the account of any borough
20officer, attorney fees shall be awarded as follows:

21(1) If, in the opinion of the court the final
22determination is more favorable to the borough officer
23involved than that awarded by the auditors, the borough shall
24pay reasonable attorney fees or, under paragraph (3), a
25portion of reasonable attorney fees incurred by the officer
26in connection with the surcharge proceeding.

27(2) If, in the opinion of the court, the final
28determination is more favorable to the borough than that
29awarded by the auditors in the case of an appeal taken by the
30borough or a taxpayer, the borough officer who is the subject

1of the surcharge proceeding shall pay reasonable attorney
2fees or, under paragraph (3), a portion of reasonable
3attorney fees incurred by the borough, elector or taxpayer in
4connection with the surcharge proceeding.

5(3) If, in the opinion of the court, the final
6determination is in part more favorable to the borough and in
7part more favorable to the borough officer involved in the
8surcharge proceeding than that awarded by the auditors, the
9court may order:

10(i) the borough to pay a portion of reasonable
11attorney fees incurred by the officer in connection with
12the surcharge proceeding; or

13(ii) the borough officer who is the subject of the
14surcharge proceeding to pay a portion of reasonable
15attorney fees incurred by the borough or taxpayer in
16connection with the surcharge proceeding.

17(b) Other accounts.--The attorney fees in case of appeals
18involving accounts other than those of borough officers shall be
19allocated in the court's discretion.

20§ 1059.9. Balances due to be entered as judgments.

21A balance in a report of the auditors against an officer of
22the borough shall constitute a surcharge against the officer as
23fully as if expressly stated in the report to be a surcharge.
24The amount of a balance and of any express surcharge shall, if
25no appeal is taken or after an appeal has been finally
26determined in favor of the borough, be entered by the
27prothonotary as a judgment against the officer. The clerk of the
28court of common pleas shall certify the amount of every balance
29or surcharge contained in a report from which no appeal has been
30taken within the time provided under this chapter to the court

1of common pleas for entry by the prothonotary as a judgment. Any
2taxpayer of the borough may enforce the collection of the
3balance or surcharge for the benefit of the borough, by action
4or execution, upon filing in the court of common pleas a bond,
5in the sum of $1,000 with one or more sureties, conditioned to
6indemnify the borough from all costs of the proceedings
7undertaken by the taxpayer, subject to all rights of appeal from
8the report of auditors granted by this part. If a person has
9been or shall be surcharged for an illegal purchase and no fraud
10or collusion is shown and the surcharge is paid to the borough,
11the article purchased shall become the property of the person
12surcharged.

13§ 1059.10. Penalty for failure to comply with law.

14(a) Neglect.--An auditor neglecting or refusing to comply
15with this chapter commits a summary offense.

16(b) Financial interest.--An auditor who is financially
17interested, directly or indirectly, in a borough transaction
18commits a summary offense.

19§ 1059.11. General powers and duties of independent auditor.

20(a) Powers and duties.--If an independent auditor is
21appointed under section 1005(7) (relating to powers of council),
22the independent auditor shall have the same powers and duties
23and be subject to the same penalties as the auditors under this 
24chapter. The independent auditor shall annually examine, audit
25and settle all accounts in which the borough is concerned. The
26audit shall consist of an examination in accordance with
27generally accepted auditing standards and shall include tests of
28the accounting records and other auditing procedures as the
29independent auditor considers necessary in the circumstances.
30The independent auditor shall make and publish the annual

1financial report in the same form and manner and at the same
2time as required in this part of the auditors of the borough.

3(b) Reporting.--The independent auditor shall audit the
4accounting records of the borough for the fiscal year and shall
5prepare a report on the examination which shall be subject to
6appeal in the same manner as reports of the auditors under this 
7chapter. The report shall set forth:

8(1) The scope of the examination.

9(2) The independent auditor's opinion of the fairness of
10the presentation of the financial statement of the borough,
11which shall show a complete statement of the financial
12condition of the borough, giving in detail the actual
13indebtedness, the amount of funded debt, the amount of
14floating debt, the valuation of the taxable property in the
15borough, the assets of the borough with their character and
16value and the date of the maturity of the respective forms of
17funded debt of the borough.

18(3) The amount of any balance or shortage or any
19expenditure of any kind or made in a manner prohibited or not
20authorized by a statute which came to the independent
21auditor's attention during the course of the examination and
22which, in the independent auditor's opinion, causes a
23financial loss to the borough as provided in section 1059.3
24(relating to surcharge by auditors) shall be a surcharge
25against an officer against whom the balance or shortage shall
26appear, subject to appeal, entry as judgment, certification
27and enforcement as provided in this chapter.

28(c) Hiring attorney.--The independent auditor may employ an
29attorney subject to the provisions of section 1059.8 (relating
30to attorney fees), except that the employment shall be with the

1consent of council.

2(d) Other applicable laws.--Sections 1055 (relating to
3subpoenas, oath, perjury), 1058 (relating to pay of witnesses)
4and 1059 (relating to auditors to settle accounts where 
5witnesses do not appear) shall apply to proceedings initiated by
6independent auditors.

7(e) Compensation.--The compensation of the independent
8auditor shall be determined by council and paid by borough
9funds.

10SUBCHAPTER D

11CONTROLLER

12Sec.

131061. Oath and bond of controller.

141062. Salary of controller.

151063. General powers and duties of controller.

161064. (Reserved).

171065. Countersigned warrants.

181066. Prevention of appropriation overdrafts.

191067. Amount of contracts to be charged against appropriations.

201068. Controller's recommendations on borough finances.

211069. Books to be kept by controller.

221070. Appeals from controller's report.

231071. Acceptance by ordinance.

24§ 1061. Oath and bond of controller.

25The borough controller shall, before entering upon the duties
26of office, take the required oath or affirmation of office under
2753 Pa.C.S. § 1141 (relating to form of oaths of office). The
28controller shall give bond to the borough with a surety company
29to be approved by the council, in a sum as council may direct by
30ordinance, conditioned for the faithful discharge of the

1controller's duties. The amount of the bond shall be sufficient
2to adequately protect the borough from any illegal or unfaithful
3action by the controller. The cost of the bond shall be paid by
4the borough.

5§ 1062. Salary of controller.

6The council shall fix the annual salary of the controller.
7Any change in salary, compensation or emoluments of the elected
8office shall become effective at the beginning of the next term
9of the controller.

10§ 1063. General powers and duties of controller.

11(a) General duties and powers.--The borough controller shall
12manage the fiscal affairs of the borough. The controller shall
13examine, audit and settle all accounts in which the borough is
14concerned either as debtor or creditor if provision for the
15settlement is made by law. If no provision or an insufficient
16provision has been made, the controller shall examine the
17accounts and report to the council the relevant facts and
18opinion on the accounts.

19(b) Accounts.--In the examination, audit and settlement of
20accounts, the controller shall have all of the powers and
21perform all of the duties vested in and imposed on the auditors
22by this part. A person guilty of swearing or affirming falsely
23before the controller commits perjury. The controller shall make
24and file an annual report of the audit and make and publish the
25annual financial report in the same form and manner and at the
26same time as required in this part of the auditors of the
27borough.

28(c) Scope.--The controller shall:

29(1) have supervision and control of the accounts of all
30departments, bureaus and officers of the borough authorized

1to collect, receive or disburse the public money or who are
2charged with the management or custody of the accounts;

3(2) audit their respective accounts and may at any time
4require from any of them a statement in writing of any money
5or property of the borough in their possession or under their
6control, showing the amount of cash on hand and the amount
7deposited in banks and banking institutions together with the
8names of the institutions;

9(3) have power to examine every account of a borough
10officer in any bank or banking institution to verify the
11accuracy of the statement of the borough, department, bureau
12or officer, and it shall be the duty of every department,
13bureau or officer, and of every bank and banking institution,
14its officers and agents, to furnish full information to the
15controller in relation to the account. No banker or banking
16institution, its officers or agents shall be subject to
17prosecution under other laws of this Commonwealth for
18disclosing information with respect to an account;

19(4) immediately upon the discovery of any default,
20irregularity or delinquency, report the discovery to the
21council; and

22(5) audit and report upon the accounts of an officer
23upon the death, resignation, removal or expiration of the
24term of the officer.

25§ 1064. (Reserved).

26§ 1065. Countersigned warrants.

27The controller shall countersign all warrants upon the
28borough treasurer, with the form of the warrant to be prescribed
29by council, except that no warrant shall be countersigned unless
30there is money in the treasury to pay the warrant. If a warrant

1on the treasurer shall be presented to the controller to be
2countersigned, the person presenting the warrant shall, if the
3controller requires, produce evidence that:

4(1) The amount expressed in the warrant is due to the
5person in whose favor it is drawn.

6(2) The supplies or service for payment of which the
7warrant is drawn have been furnished or performed according
8to law and the terms of the contract.

9§ 1066. Prevention of appropriation overdrafts.

10The controller shall not permit any appropriation made by the
11council to be overdrawn. If an appropriation is exhausted, the
12object of which is not complete, the controller shall
13immediately report the fact to the council and accompany the
14report with a statement of the money which have been drawn on
15the appropriation and the particular purpose for which they are
16drawn.

17§ 1067. Amount of contracts to be charged against
18appropriations.

19(a) General rule.--A contract involving appropriation of
20money shall designate the item of appropriation on which it is
21founded, and the estimated amount of the expenditure which shall
22be charged against the item, and certified by the borough
23controller on the contract, before it shall take effect as a
24contract. Payment required by the contract shall be made from
25the fund appropriated.

26(b) Liability for excess.--If the controller certifies a
27contract in excess of the appropriation made, the borough shall
28not be liable for the excess, but the controller and the
29controller's sureties shall be liable for the same, which may be
30recovered in an action at law by the aggrieved contracting

1party.

2(c) Certification by controller.--The controller shall
3certify contracts for the payment of which sufficient
4appropriations have been made.

5§ 1068. Controller's recommendations on borough finances.

6The borough controller shall, as often as the controller may
7deem expedient or the council shall direct, suggest plans to the
8council for the management and improvement of the borough
9finances.

10§ 1069. Books to be kept by controller.

11The borough controller shall keep a regular set of books
12which shall be opened and keep as many accounts, under
13appropriate titles, as may be necessary to show separately and
14distinctly all the estates and property, real and personal,
15vested in the borough, all trusts in the care of the borough,
16all debts due and owing the borough, all receipts and
17expenditures of the various departments of the borough
18government and all appropriations made by council and the sums
19under the same, respectively.

20§ 1070. Appeals from controller's report.

21Appeals may be taken from the settlement and audit of the
22controller, as shown in the controller's report to the court of
23common pleas of the county, by the same persons in the same
24manner within the same time subject to the same conditions and
25procedure and with like effect in every respect as provided in
26this part in the cases of appeals from the settlement and audit
27of the auditors as shown in their report.

28§ 1071. Acceptance by ordinance.

29(a) General rule.--This subchapter shall not become
30operative or effective in any borough not having a controller

1until the borough shall, by ordinance, accept this chapter. If a
2borough accepts this subchapter, the court of common pleas, upon
3petition of council, shall appoint a controller to hold office
4until the first Monday of January following the next municipal
5election at which a controller shall be elected under this part.

6(b) Continuation of borough auditors.--In all boroughs
7accepting this subchapter, the borough auditors then in office
8or the appointed auditor serving as borough auditor shall
9continue to hold their offices until the first day of January
10following the election of a borough controller after which date
11the office of borough auditor shall be abolished.

12(c) Discontinuation.--A borough may discontinue the office
13of controller and either reestablish the office of elected
14auditors or the position of appointed auditor by repealing the
15ordinance under which the office of controller was created. The
16controller in office at the time of the repeal shall continue in
17office until the end of the controller's term.

18SUBCHAPTER E

19(RESERVED)

20SUBCHAPTER F

21TAX COLLECTOR

22Sec.

231086. Powers and duties of tax collector.

24§ 1086. Powers and duties of tax collector.

25(a) General rule.--Except as otherwise provided in
26subsection (b), the tax collector shall be the collector of all
27State, county, borough, school, institution district and other
28taxes levied within the borough by the authorities empowered to
29levy taxes.

30(b) Exception.--

1(1) No tax collector may collect any tax levied and
2imposed under the act of December 31, 1965 (P.L.1257,
3No.511), known as The Local Tax Enabling Act, unless the
4ordinance imposing the tax provides that the tax collector
5shall be the collector of the tax.

6(2) No ordinance, however, may authorize the collection
7of income taxes in a manner other than that provided in
8Chapter 5 of The Local Tax Enabling Act.

9(c) Other laws.--The tax collector shall, in addition to the
10powers, authority, duties and responsibilities provided for by
11this part, have all the powers, perform all the duties and be
12subject to all the obligations and responsibilities for the
13collection of taxes as are now vested in, conferred upon or
14imposed upon tax collectors by law.

15CHAPTER 10A

16MAYOR

17Sec.

1810A01. Eligibility of mayor.

1910A02. Incompatible offices.

2010A03. Oath of mayor.

2110A04. Salary of mayor.

2210A05. Salaried mayor not to receive certain fees.

2310A06. General powers of mayor.

2410A07. Duties of mayor.

2510A08. President or vice president of council to act as mayor.

26§ 10A01. Eligibility of mayor.

27No mayor may hold any other borough office or appointment
28during the term for which the mayor is elected, except as is
29permitted under section 1104 (relating to appointments and
30incompatible offices). The mayor shall be eligible to succeed

1himself. The mayor shall not be a member of council, nor shall
2the mayor preside over or vote at any meeting of council, except
3as provided in section 1003 (relating to when the mayor may
4preside over council and vote, attendance of mayor at council
5meetings and breaking tie votes).

6§ 10A02. Incompatible offices.

7No member of Congress or any person holding any office or
8appointment of profit or trust under the Federal Government or
9any person holding the office of magisterial district judge may
10at the same time be capable of holding the office of mayor.

11§ 10A03. Oath of mayor.

12The mayor, before exercising the duties of office, shall take
13and subscribe an oath or affirmation of office under 53 Pa.C.S.
14§ 1141 (relating to form of oaths of office). The oath or
15affirmation may be taken before a judge or magisterial district
16judge of the county or a notary public and shall be filed with
17the borough secretary and be preserved among the records of the
18borough for a period of six years.

19§ 10A04. Salary of mayor.

20(a) General rule.--The salary of the mayor shall be
21established by ordinance and shall not exceed the following:

22(1) In a borough with a population of less than 5,000, a
23maximum of $2,500 per year.

24(2) In a borough with a population of 5,000 or more but
25less than 10,000, a maximum of $5,000 per year.

26(3) In a borough with a population of 10,000 or more but
27less than 15,000, a maximum of $7,500 per year.

28(4) In a borough with a population in excess of 15,000,
29a maximum of $500 per year per 1,000 residents or fraction of
301,000, the population to be determined by the latest official

1census figures.

2(a.1) Treatment of benefits.--Benefits provided to the mayor
3under section 1202(26) (relating to specific powers) shall not
4be considered pay, salary or compensation, but payment for all
5or a part of the premiums or charges for the benefits shall be
6in accordance with section 1202(26).

7(b) Change in salary.--A change in salary, compensation or
8emoluments of the elected office shall become effective at the
9beginning of the next term of the mayor.

10§ 10A05. Salaried mayor not to receive certain fees.

11(a) General rule.--Except as provided in subsection (b), any
12salary paid under an ordinance shall be in lieu of all costs and
13fees allowed by a mayor. Costs and fees shall be collected by
14the mayor and deposited into the borough treasury.

15(b) Marriage ceremony fees.--

16(1) Nothing in this part shall be construed to prevent a
17mayor from receiving a monetary fee for the performance of a
18marriage ceremony in this Commonwealth, if the fee does not
19exceed $150 for each ceremony performed.

20(2) Prior to performing these ceremonies, the mayor
21shall notify council in writing of the mayor's intention to
22perform marriage ceremonies.

23(3) The notification to council shall remain in effect
24for the term of the mayor or until the notification is
25rescinded by the mayor.

26(4) The mayor shall maintain accurate accounts of the
27fees received relating to the performance of marriage
28ceremonies and provide council each quarter with a report of
29money received for that period. The quarterly report shall
30include the amount of money received and the names of persons

1from whom money was received, along with the date and the
2location of the performed ceremony, and the quarterly report
3shall be considered a public record.

4(5) The receipt of a fee under this subsection shall not
5be considered a violation of 65 Pa.C.S. Ch. 11 (relating to
6ethics standards and financial disclosure) and shall not be
7considered compensation under this part.

8§ 10A06. General powers of mayor.

9(a) Oaths and affirmations.--The mayor may administer oaths
10and affirmations in matters pertaining to borough affairs.

11(b) Emergencies.--

12(1) In addition to the power granted to mayors by 35
13Pa.C.S. Pt. V (relating to emergency management services) and
14in order to enable the mayor to effectually preserve the
15public peace within the borough, the mayor shall have the
16power to prevent and suppress mobs, riots and unlawful and
17tumultuous assemblies.

18(2) In the event that a state of emergency exists, a
19mayor shall have the authority to request aid and assistance
20from law enforcement officers and agencies from a neighboring
21municipality.

22(3) In response to a request of a mayor made in
23accordance with this subsection, a municipal police officer
24shall, within the borough from which the request was made,
25have the power and authority to enforce the laws of this
26Commonwealth or otherwise perform the functions of that
27office as if enforcing those laws or performing those
28functions within the territorial limits of the officer's
29primary jurisdiction, subject to the limitations and
30conditions set forth in 42 Pa.C.S. § 8953(b), (c), (d) and

1(e) (relating to Statewide municipal police jurisdiction).

2(4) If the mayor considers that a state of emergency
3exists, the mayor may issue a proclamation, which shall be in
4writing and posted in one or more conspicuous places and the
5contents of which shall be made available to all news media,
6declaring a state of emergency for a period not to exceed
7seven days unless sooner rescinded, modified or ratified or
8extended by resolution of council.

9(5) The mayor may prohibit in the proclamation for all
10or part of the borough:

11(i) Any person being on the public streets or in the
12public parks or at any other public place during the
13hours declared by the mayor to be a period of curfew.

14(ii) The entry or departure of persons into or from
15any restricted area.

16(iii) The sale, purchase or dispensing of any
17commodities or goods as designated by the mayor.

18(iv) The transportation, possession or use of
19gasoline, kerosene or other combustible, flammable or
20explosive liquids or materials except in connection with
21the normal operation of motor vehicles, normal home use
22or legitimate commercial use.

23(v) Any other activities as the mayor reasonably
24believes should be prohibited to help preserve life,
25health, property or the public peace.

26(6) The proclamation shall describe the specific
27restricted area with particularity and shall specify the
28hours when restrictions are to be in effect.

29(7) A person violating the proclamation of emergency
30commits a summary offense and shall, upon conviction, be

1sentenced to pay a fine not to exceed $300 and costs or to a
2term of imprisonment not to exceed 30 days.

3§ 10A07. Duties of mayor.

4The mayor shall have the following duties:

5(1) To preserve order in the borough, to enforce the
6ordinances and regulations, to remove nuisances, to exact a
7faithful performance of the duties of the officers appointed
8and to perform any other duties as shall be vested in the
9mayor's office by law or ordinance.

10(2) Except as provided in section 1006(4) (relating to
11duties of council), to sign papers, contracts, obligations
12and documents as may be required by law.

13(3) To collect any costs and fees received and to pay
14the money into the treasury, except as provided in section
1510A05(b) (relating to salaried mayor not to receive certain
16fees), to report to the council from time to time on the
17state of the borough and to make recommendations to the
18council on matters of borough concern. The borough shall
19furnish the mayor with the necessary dockets, books, forms
20and files as are necessary for the conduct of the mayor's
21office and which shall be and remain the property of the
22borough and be surrendered to the mayor's successor in
23office.

24§ 10A08. President or vice president of council to act as
25mayor.

26(a) General rule.--If the mayor is absent or incapacitated
27or there is a vacancy in the office, the duties of the office
28shall be discharged by the president of council or, in the
29absence or incapacity of the president of council or if there is
30a vacancy in the office, by the vice president of council.

1(b) Salary.--While discharging the duties of mayor, the
2president or vice president of council shall be entitled to the
3same salary as the mayor would receive and, during the time the
4salary is paid to the president or vice president of council as
5acting mayor, the mayor shall not be paid compensation.

6(c) Veto and voting power.--The president or vice president
7of council while acting as mayor shall have power to veto a
8proposed ordinance or to break a tie but shall not have power to
9vote as a member of council.

10CHAPTER 11

11POWERS, DUTIES AND RIGHTS OF

12APPOINTED OFFICERS AND EMPLOYEES

13Subchapter

14A. General Provisions

15B. Treasurer

16C. Secretary

17D. Solicitor

18E. Police

19F. Police Pension Fund in Boroughs Having Police Force of
20Less Than Three Members

21G. Manager

22H. Planning Commission (Reserved)

23I. Mine and Quarry Inspection and Surface Support (Reserved)

24J. Civil Service for Police and Fire Apparatus Operators

25K. Independent Auditor (Reserved)

26SUBCHAPTER A

27GENERAL PROVISIONS

28Sec.

291101. Compensation, hours and days of work and outside
30employment.

11102. Accounts.

21103. Bonds.

31104. Appointments and incompatible offices.

41105. Compensation of certain employees.

51105.1. Retirement benefits of employees transferred to
6authorities.

7§ 1101. Compensation, hours and days of work and outside
8employment.

9Appointed officers and employees of the borough shall receive
10compensation for their services as the council shall prescribe.
11Council may also establish the hours and days of work and may
12restrict the outside employment of borough employees or any
13class or category of employment.

14§ 1102. Accounts.

15All officers and employees appointed by a council shall, if
16directed, render their accounts to the council for settlement.

17§ 1103. Bonds.

18If an appointed officer or employee of a borough is required
19by law or action of council to give bond for the faithful
20performance of the officer's or employee's duties, the borough
21may pay the premium on the bond. All bonds required to be given
22by borough officials or employees shall be with a surety company
23authorized by law to act as surety. The borough shall pay a
24proportionate share of the cost of the bond of an appointed tax
25collector in the same ratio as provided in section 804 (relating
26to term and bonds) for elected tax collectors.

27§ 1104. Appointments and incompatible offices.

28(a) General rule.--Unless there is incompatibility in fact,
29an elective or appointive officer of the borough shall be
30eligible to serve on any board, commission, bureau or other

1agency created by or for the borough or any borough office
2created or authorized by statute and may accept appointments
3under the statute.

4(b) Prohibition.--

5(1) Except as set forth in paragraph (2), no elected
6borough official of a borough with a population of 3,000 or
7more may serve as an employee of that borough.

8(2) Paragraph (1) shall not apply to a borough official
9serving as an employee of that borough prior to the
10certification of the 2010 official census or a subsequent
11latest official census which indicates an increase in the
12population of that borough to 3,000 or more.

13(c) Multiple offices.--If there is no incompatibility in
14fact and subject to subsection (a) as to compensation,
15appointees of council may hold two or more appointive borough
16offices, but no mayor or member of council may serve as borough
17manager, secretary or treasurer.

18(d) Magisterial district judges.--No person holding the
19office of magisterial district judge may at the same time hold
20any elected or appointed borough office.

21(e) Secretary and treasurer.--The offices of secretary and
22treasurer may be held by the same person if authorized by
23ordinance.

24(f) Police officers and firefighters.--

25(1) No police officer or firefighter may hold an
26elective office of the borough that employs the police
27officer or firefighter.

28(2) No police officer or firefighter who is employed by
29a regional department, council of government or other
30cooperative venture may hold an elective office of any

1municipality that participates in the regional department,
2council of government or other cooperative venture.

3(3) No police officer or firefighter may hold an
4elective office of the borough in which the police officer or
5firefighter resides if the department employing the police
6officer or firefighter is providing police or fire protection
7service to that borough by contract.

8(g) Majority vote required.--All appointments to be made by
9the council shall be made by a majority of the members of
10council unless a different vote is required by statute.

11(h) Construction.--Nothing contained in this section shall
12be construed to affect the eligibility of a borough official to
13hold any other public office or receive compensation.

14§ 1105. Compensation of certain employees.

15(a) General rule.--A borough may provide, by ordinance, to
16appointees and employees of not less than ten years of
17satisfactory service and who are not less than 60 years of age
18upon termination of active employment with the borough, a
19proportion of the compensation last paid to them but not in
20excess of 50% of the compensation, including benefits received
21under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et
22seq.), if any, as fixed in the ordinance or amendment of the
23ordinance.

24(b) Postretirement compensation.--Any arrangement to provide 
25postretirement compensation to retired appointees and employees 
26under this section shall be a pension plan within the meaning of 
27that term under the act of December 18, 1984 (P.L.1005, No.205), 
28known as the Municipal Pension Plan Funding Standard and 
29Recovery Act, and the borough establishing such plan shall 
30provide funding of the pension plan in an amount sufficient to
 

1meet the minimum obligation of the municipality with respect to 
2the pension plan under that act.

3(c) Funding.--The expenditures authorized in this section
4shall be paid out of the general tax levy for the current
5expenditures of the year and not by any special tax.

6(d) Construction.--Nothing in this section shall be 
7construed to preclude an appointee or employee of the borough 
8from joining in any pension system or municipal retirement 
9system that the borough may adopt.

10§ 1105.1. Retirement benefits of employees transferred to
11authorities.

12(a) Required membership.--The following employees of 
13municipal authorities shall be members of the borough retirement 
14system upon a written election as provided in this section:

15(1) An employee of a wastewater authority created by a 
16borough and one or more townships under 53 Pa.C.S. Ch. 56 
17(relating to municipal authorities) that commenced operations 
18after December 1, 2001, who satisfies the requirements of 
19subsection (b), has past service credits under the borough 
20retirement plan and has filed a written election to be a 
21member of the borough retirement system with council and the 
22wastewater authority prior to September 14, 2005.

23(2) An employee of a municipal authority created by a
24borough under 53 Pa.C.S. Ch. 56 that commenced operations
25after October 4, 2010, who satisfies the requirements of
26subsection (b), has past service credits under the borough
27retirement plan and files a written election with the council
28and the authority to be a member of the borough retirement
29system within one year of July 16, 2012.

30(b) Eligibility criteria.--

1(1) In order to qualify for the option under subsection
2(a), the employee must satisfy both of the following
3requirements:

4(i) Immediately prior to the date of transfer of
5employment to the authority, be an employee of the
6borough that, either alone or together with one or more
7municipalities, established the authority.

8(ii) Be an active member of the borough's retirement
9system on the date that the employee's employment was
10transferred to the authority.

11(2) For an employee who files an election under
12subsection (a), the affected authority shall:

13(i) Deduct from the employee's salary an amount
14equal to the employee contribution that would have been
15deducted had the employee continued to be a borough
16employee and shall pay the deducted amount to the
17borough's retirement fund.

18(ii) Pay to the borough's retirement fund an 
19employer contribution equal to the employer normal cost 
20plus anticipated administrative expenses and amortization 
21payments less general municipal pension system State aid 
22expressed as a percentage of the system's total payroll 
23as calculated by the borough under the act of December 
2418, 1984 (P.L.1005, No.205), known as the Municipal 
25Pension Plan Funding Standard and Recovery Act, and 
26applied to the payroll of the employee.

27(c) State aid calculation.--All employees who elect to be
28members of the borough retirement system under this section
29shall be treated as borough employees in determining the
30borough's annual allocation of general municipal pension system

1State aid under section 402(e) of the Municipal Pension Plan
2Funding Standard and Recovery Act, and the annual allocation of
3general municipal pension system State aid under section 402(e)
4of the Municipal Pension Plan Funding Standard and Recovery Act
5shall be payable to the borough.

6SUBCHAPTER B

7TREASURER

8Sec.

91106. Bond and duties.

101107. Assistant treasurer.

11§ 1106. Bond and duties.

12(a) General rule.--The borough treasurer shall, before
13entering upon the duties of office, give bond in an amount
14determined by council, conditioned for the faithful performance
15of the treasurer's duties.

16(b) Specific duties.--The treasurer shall:

17(1) Receive all money due the borough and deposit the
18money promptly in a designated depository in the name of the
19borough.

20(2) Keep distinct and accurate accounts of all sums
21received from taxes and other sources, which accounts shall
22be open to the inspection of council and any citizen of this
23Commonwealth.

24(3) (i) Pay out all money only on direction by the
25council, upon an order signed by the president of council
26and the borough secretary and also by the borough
27controller, if any. The order shall not be executed
28unless there is money in the treasury available.

29(ii) Nothing in this part shall be construed to
30preclude the use of electronic signatures and

1transactions to the extent authorized by the act of
2December 16, 1999 (P.L.971, No.69), known as the
3Electronic Transactions Act, or any other law.

4(4) Annually submit the accounts to the elected
5auditors, independent auditor or controller for settlement.

6(5) Preserve the account books, papers, documents and
7other records of the office and turn them over to the
8successor in office.

9(c) Payment of all other money.--All money received by any
10officer or other person for the use of the borough shall be paid
11to the borough treasurer.

12§ 1107. Assistant treasurer.

13A council may, by resolution, appoint an assistant treasurer
14who may not be a member of the council. Council may appoint the
15assistant treasurer as the assistant secretary if the assistant
16treasurer is not a member of council. The assistant treasurer
17shall assist the treasurer in the performance of the treasurer's
18duties and, in case of absence or disability of the treasurer,
19shall perform the duties and may exercise the powers of the
20treasurer.

21SUBCHAPTER C

22SECRETARY

23Sec.

241111. Duties.

251112. Assistant secretary.

261113. Records open to inspection.

27§ 1111. Duties.

28(a) Attendance at meetings and maintenance of minutes.--The
29secretary shall attend all meetings of the council and shall
30maintain full minutes of its proceedings.

1(b) Other duties.--The secretary shall:

2(1) Record or transcribe the bylaws, rules, regulations,
3resolutions and ordinances of the borough in accordance with
4section 1009 (relating to typewritten, printed, photocopied,
5microfilmed and electronically or digitally stored records
6valid and recording or transcribing records).

7(2) Preserve the records and documents of the borough,
8have custody of the corporate seal and deliver to the
9secretary's successor the seal and all books, papers and
10other records and things belonging to the borough.

11(3) Certify copies of any book, paper, record, bylaw,
12rule, regulation, resolution, ordinance or proceeding of the
13borough under the seal of the borough. The copies, if
14certified, shall be admissible in evidence in any court of
15this Commonwealth.

16(4) Attest the execution of all instruments, record all
17ordinances and attest the same by the secretary's signature
18and file of record proof of service of all notices required
19by law. The secretary's certificate shall be good evidence of
20notice.

21(5) Inform council and the public as required by 65
22Pa.C.S. Ch. 7 (relating to open meetings) of all borough
23meetings, including special meetings of council.

24(c) Necessary documents.--The borough shall furnish the
25secretary with the necessary dockets, books, forms and files as
26are necessary for the conduct of the office, which documents
27shall be and remain the property of the borough.

28§ 1112. Assistant secretary.

29A council may, by resolution, appoint an assistant secretary.
30The assistant secretary shall assist the secretary in the

1performance of the secretary's duties and, in case of absence or
2disability of the secretary, perform the duties and may exercise
3the powers of the secretary. The assistant secretary may be
4appointed from the membership of the council but shall not be
5any other officer of the council. Council may appoint the
6assistant secretary as the assistant treasurer if the assistant
7secretary is not a member of council.

8§ 1113. Records open to inspection.

9The fiscal records and documents and the minute book and
10other records and documents of every borough shall be open in
11accordance with the act of February 14, 2008 (P.L.6, No.3),
12known as the Right-to-Know Law.

13SUBCHAPTER D

14SOLICITOR

15Sec.

161116. Solicitor to have control of legal matters.

171117. Duties of solicitor and outside counsel.

181118. Assistant solicitor.

19§ 1116. Solicitor to have control of legal matters.

20The legal matters of the borough shall be under the control
21of the borough solicitor. No department or officer of the
22borough, except as otherwise provided by law, shall employ an
23additional counsel without the assent or ratification of the
24council. The borough solicitor must be licensed to practice law
25in this Commonwealth and may be one person or a law firm,
26partnership, association or professional corporation. The
27borough solicitor serves at the pleasure of council. In the
28absence of the solicitor, the law firm of which the solicitor is
29a member or associate may perform any of the duties or functions
30of the solicitor.

1§ 1117. Duties of solicitor and outside counsel.

2(a) General rule.--The borough solicitor shall:

3(1) Prepare or approve, if directed or requested to do
4so by council or the mayor, any bonds, obligations,
5contracts, leases, conveyances, ordinances and assurances to
6which the borough or any department of the borough may be a
7party.

8(2) Commence and prosecute all actions brought by the
9borough for or on account of any of the estates, rights,
10trusts, privileges, claims or demands of the borough, as well
11as defend the borough or any borough officer against all
12actions or suits brought against the borough or borough
13officer in which any of the estates, rights, privileges,
14trusts, ordinances or accounts of the borough may be brought
15in question before any court in this Commonwealth.

16(3) Furnish the council or committees of the council,
17the mayor or the head of a department, upon request, with an
18opinion in writing upon any question of law which may be
19submitted by any of them in their official capacities.

20(4) Perform every other professional act incident to the
21office which the borough solicitor may be authorized or
22required to do by the council or the mayor.

23(b) Outside counsel.--In the case of a legal dispute between
24the mayor and council or in any other case in which
25representation of the mayor and council by the borough solicitor
26would create a conflict of interest for the borough solicitor,
27the mayor may employ outside counsel at borough expense, not to
28exceed $4,000 in any 12-month period, to perform necessary legal
29services.

30§ 1118. Assistant solicitor.

1A council may, by resolution, appoint an assistant solicitor
2to assist the solicitor in the performance of the solicitor's
3duties and, in the absence or disability of the solicitor, to
4perform the duties and exercise the powers of the solicitor.

5SUBCHAPTER E

6POLICE

7Sec.

81121. Council's powers concerning police.

91122. Police serving under cooperative agreement or contract.

101123. Police badge.

111123.1. Mayor's powers concerning police.

121124. Suspension by mayor.

131125. Compensation.

141126. (Reserved).

151127. School crossing guards.

16§ 1121. Council's powers concerning police.

17(a) Establishment of police department.--Council may, by
18ordinance, establish a police department. If council establishes
19a police department, the following shall apply:

20(1) Council may appoint police officers, subject to
21Subchapter J (relating to civil service for police and fire
22apparatus operators).

23(2) Council may remove, suspend or reduce in rank any
24police officer:

25(i) in accordance with the act of June 15, 1951
26(P.L.586, No.144), entitled "An act regulating the
27suspension, removal, furloughing and reinstatement of
28police officers in boroughs and townships of the first
29class having police forces of less than three members,
30and in townships of the second class"; or

1(ii) subject to Subchapter J.

2(3) Council shall designate the ranks in the police
3department and the duties of each rank and may designate one
4of the police officers as chief of police.

5(4) Council may assign any member of the police
6department to attend training classes offered by the Federal
7or State Government and may pay the police officer's expenses
8while attending the school.

9(5) Council shall determine the total weekly hours of
10employment that shall apply to the police officers.

11(b) Powers of borough police officers.--A borough police
12officer shall have those powers and abilities as are granted to
13police officers under the laws of this Commonwealth, the rules
14of the Supreme Court or the ordinances of the borough for which
15a fine or penalty is imposed unless otherwise excepted in this 
16part.

17(c) Ratification.--In any case in which a borough has
18previously appointed police officers or established a police
19department by action of council but not under an ordinance
20regularly enacted, the action shall be deemed to have been a
21valid exercise of the legislative power of the borough, and all
22police officers appointed shall occupy the same status and shall
23have the same rights and privileges as in the case of police
24officers appointed under authority of an ordinance.

25(d) Political participation.--No police officer may
26participate in any political or election campaign while on duty
27or in uniform or while using borough property otherwise than to
28exercise the officer's right of suffrage.

29§ 1122. Police serving under cooperative agreement or contract.

30(a) General rule.--If a borough enters into a cooperative

1agreement or contract with any municipal corporation, regional
2police force or other governmental entity created by two or more
3municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A
4(relating to intergovernmental cooperation) for the furnishing
5or receiving of police protection as authorized by section
61202(35) (relating to specific powers), the police force of the
7municipal corporation, regional police force or other
8governmental entity furnishing the police protection shall be
9appointed and accepted as the police force of the borough
10receiving the police service by resolution of the council.

11(b) Employment status.--Police officers of the police force
12of a municipal corporation, regional police force or other
13government entity so appointed shall, insofar as civil service
14and pensions are concerned, be deemed to be appointees and
15employees only of the municipal corporation, regional police
16force or other government entity furnishing their service and
17making the original appointment.

18§ 1123. Police badge.

19Borough police officers shall wear a shield or badge with the
20word "Police" when on duty.

21§ 1123.1. Mayor's powers concerning police.

22(a) General rule.--The mayor shall have full charge and
23control of the chief of police and the police force.

24(b) Direction.--The mayor shall direct the time during
25which, the place where and the manner in which the chief of
26police and the police force perform the duties of their rank.

27(c) Delegation of duties.--The mayor may delegate to the
28chief of police or other officer supervision over and
29instruction to subordinate officers in the manner of performing
30their duties.

1(d) Appointment of special police.--The mayor may appoint
2special police during an emergency in which the safety and
3welfare of the borough and the public is endangered.

4(e) Auxiliary police.--The mayor may activate auxiliary
5police in accordance with general law and, notwithstanding any
6other provision of law, may activate auxiliary police for
7purposes of crowd and traffic control for limited periods during
8events if, in the mayor's discretion, public safety is promoted
9by the activation of the auxiliary police.

10§ 1124. Suspension by mayor.

11(a) General rule.--In addition to the powers of council to
12suspend police officers, the mayor may, for cause and without
13pay, suspend any police officers until the succeeding regular
14meeting of the council at which time or later the council may,
15subject to Subchapter J (relating to civil service for police 
16and fire apparatus operators), if they are in effect at the
17time, suspend, discharge, reduce in rank or reinstate with pay
18the police officers.

19(b) Reinstatement.--

20(1) A police officer suspended by the mayor may not be
21reinstated by council at a date earlier than ten working days
22from the date fixed by the mayor for the suspension to
23commence.

24(2) In any case in which the council has reinstated a
25police officer after having been suspended by the mayor, the
26mayor shall not suspend the police officer for reasons:

27(i) arising from the same act for which the first
28suspension was made; or

29(ii) that the council, in reinstating the police
30officer, determined not to be grounds for suspension.

1§ 1125. Compensation.

2Borough police and special police appointed by the mayor
3shall receive compensation as fixed by the council.

4§ 1126. (Reserved).

5§ 1127. School crossing guards.

6(a) Appointment.--

7(1) Upon request by the board of school directors of the
8school district in which a borough is wholly or partially
9located, the council may appoint school crossing guards who
10shall have the duty of controlling and directing traffic and
11pedestrians at or near schools and who shall be in suitable
12and distinctive uniform.

13(2) While on duty, school crossing guards shall be under
14and subject to the direction of the mayor, shall serve at the
15pleasure of the council, except as noted in subsection (b),
16shall not be subject to Subchapter J (relating to civil
17service for police and fire apparatus operators) and shall
18not be entitled to participate in any borough pension plan or
19plans.

20(3) (i) The compensation of the school crossing guards,
21if any, shall be fixed by the council and shall be
22jointly paid by the council and the board of school
23directors, in a ratio to be determined by the council and
24board of school directors.

25(ii) If the council and board of school directors
26are unable to determine the ratio of compensation of the
27school crossing guards to be paid by the council and the
28board, each shall pay one-half of the compensation of the
29crossing guards.

30(4) Notwithstanding any other provision of law,

1auxiliary police officers, appointed as prescribed by general
2law, may be designated to serve as crossing guards.

3(b) Ordinance.--

4(1) The council may enact an ordinance allowing a board 
5of school directors to assume hiring and oversight of school 
6crossing guards. Before the council may enact the ordinance, 
7the board of directors of the school district must adopt a 
8resolution requesting the authority to assume the hiring and 
9oversight of school crossing guards.

10(2) The ordinance enacted by the council shall outline 
11how the police department will provide any necessary training 
12and assistance of the school crossing guards while on duty.

13(3) School crossing guards shall be authorized in the
14management of traffic and pedestrians in and around areas
15identified by the police department and the school district
16superintendent or the superintendent's designees.

17(4) School crossing guards shall not:

18(i) Be subject to the civil service provisions of 
19this part.

20(ii) Be considered part of the bargaining unit of 
21the school district.

22(iii) Be considered:

23(A) An employee as defined under section 1101-A 
24of the act of March 10, 1949 (P.L.30, No.14), known 
25as the Public School Code of 1949.

26(B) A school employee as defined under 24 
27Pa.C.S. § 8102 (relating to definitions).

28(C) An employee under any plan.

29(5) After the ordinance is enacted by the council, the 
30school district shall assume the cost of compensation,
 

1including fixing compensation, if any, of the school crossing 
2guards.

3(6) Notwithstanding any other provision of law,
4auxiliary police officers, appointed as prescribed by general
5law, may be hired by the school district to serve as school
6crossing guards.

7(7) The board of school directors shall notify the
8council of the individuals hired to serve as school crossing
9guards and request the necessary training or assistance be
10provided as outlined by the ordinance.

11SUBCHAPTER F

12POLICE PENSION FUND IN

13BOROUGHS HAVING POLICE FORCE

14OF LESS THAN THREE MEMBERS

15Sec.

161131. Police pension fund.

171132. Private police pension funds and optional transfers.

18§ 1131. Police pension fund.

19(a) Authorization to establish.--If a police force of less
20than three full-time members is being maintained, the borough
21may, unless there is a private organization or association
22constituting and managing an existing pension fund for the
23members of the police force in the borough, by ordinance,
24establish a police pension fund into which each member of the
25police force shall pay an equal and proportionate monthly charge
26to be withheld from the pay of the member.

27(b) Investment and insurance instruments as alternative.--In
28lieu of establishing a pension fund in accordance with
29subsection (a), the borough may, by ordinance, provide
30investment or insurance instruments for the purpose of the

1payment of pensions or annuities to the members of the police
2force who receive honorable discharge by reason of age or
3disability and to the families of police officers injured or
4killed in service.

5(c) Administration.--

6(1) All pension funds or investment or insurance
7instruments established under this section shall be under the
8direction of the council, or a committee as it may designate,
9and shall be applied under regulations as the council may, by
10ordinance, prescribe for the benefit of the members of the
11police force who receive honorable discharge by reason of age
12or disability and the families of police officers injured or
13killed in service.

14(2) Council shall appoint by resolution a chief
15administrative officer who shall have the primary
16responsibility for the execution of the administrative
17affairs of the pension plan, subject to the direction of
18council.

19(3) Any allowances made to individuals who retire by
20reason of disability or age shall be in conformity with a
21uniform scale.

22(d) Eligibility.--The ordinance establishing the police
23pension fund shall prescribe a minimum period of total service,
24a minimum age or both after which members of the force may be
25eligible for retirement from active duty.

26(e) Obligation of payments.--Payments made on account of
27police pensions shall not be a charge on any fund in the
28treasury of the borough or under its control except the police
29pension fund.

30(f) Funding.--A borough establishing a police pension fund

1by ordinance under this section shall provide from any available
2borough revenue source funding of the police pension fund in an
3amount sufficient to meet the minimum obligation of the borough
4with respect to the police pension fund under the act of
5December 18, 1984 (P.L.1005, No.205), known as the Municipal
6Pension Plan Funding Standard and Recovery Act.

7(g) Management.--

8(1) A borough may take, by gift, grant, devise or
9bequest, any money or property, real, personal or mixed, in
10trust for the benefit of the police pension fund.

11(2) The care, management, investment and disposal of the
12trust funds or property shall be vested in the officers as
13the borough shall direct by ordinance and shall be governed
14by the officers, subject to any directions not inconsistent
15with the ordinance as the donors of the funds and property
16may prescribe.

17(h) Right to equal and proportionate share.--No person
18participating in the police pension fund and becoming entitled
19to receive a benefit from the fund may be deprived of the
20person's right to an equal and proportionate share of the fund
21upon the basis upon which the person first became entitled to
22the benefit.

23(i) Applicable law.--The act of May 29, 1956 (1955 P.L.1804,
24No.600), referred to as the Municipal Police Pension Law, or the
25act of February 1, 1974 (P.L.34, No.15), known as the
26Pennsylvania Municipal Retirement Law, shall govern any borough
27police pension fund not established under the provisions of this
28section.

29§ 1132. Private police pension funds and optional transfers.

30(a) General rule.--If there is a private organization or

1association constituting and managing an existing pension fund
2for the members of the police force in any borough, the borough
3shall establish a police pension for the purpose of paying
4pensions to the members of its police force if the membership of
5the organization or association by a two-thirds vote elects to
6transfer its funds with all its assets and liabilities into a
7borough pension fund as required to be established by this part.

8(b) Assumption of liability--The transfer in subsection (a)
9may be made by the transfer of securities. After the transfer,
10the borough police pension fund shall assume the liability of
11continuing the payment of pensions to members of the police
12force retired prior to the transfer, in accordance with the laws
13and regulations under which the members were retired.

14SUBCHAPTER G

15MANAGER

16Sec.

171141. Borough manager created by ordinance and election.

181142. Powers and duties.

191143. Other offices not incompatible.

20§ 1141. Borough manager created by ordinance and election.

21(a) General rule.--The council of a borough may, at its
22discretion at any time, create by ordinance the office of
23borough manager and may in like manner abolish the office. While
24the office exists, the council shall, from time to time, and if
25there is a vacancy, elect, by a vote of a majority of all the
26members, one person to fill the office.

27(b) Subject to employment agreement.--The borough manager
28shall serve at the pleasure of council, subject to contractual
29rights that may arise under an employment agreement that may be
30entered in accordance with section 1142 (relating to powers and

1duties).

2§ 1142. Powers and duties.

3(a) General rule.--The powers and duties of the borough
4manager shall be regulated by ordinance.

5(b) Employment agreement.--

6(1) Council may enter into an employment agreement with
7the borough manager that specifies the terms and conditions
8of employment.

9(2) The employment agreement may remain in effect for a
10specified period terminating no later than two years after
11the effective date of the agreement or the date of the
12organizational meeting of council following the next
13municipal election, whichever shall occurs first.

14(3) An employment agreement entered into under this
15section may specify conditions under which a borough manager
16will be entitled to severance compensation, but in no event
17may the employment agreement guarantee employment through the
18term of the agreement or confer upon the borough manager any
19legal remedy based on specific performance.

20(4) An employment agreement with a borough manager
21executed on or after a municipal election but before the
22first meeting in January the year after the municipal
23election shall be void.

24(5) The council may delegate to the borough manager by
25ordinance and subject to recall, any of the nonlegislative
26and nonjudicial powers and duties of the council, the
27planning commission and the shade tree commission. With
28approval of council, the mayor may delegate to the borough
29manager any of the mayor's nonlegislative and nonjudicial
30powers and duties.

1§ 1143. Other offices not incompatible.

2The offices of borough manager, street commissioner,
3secretary, treasurer and chief of police shall not be
4incompatible, and any two or more or all of offices may be held
5by one person. Neither the mayor nor any member of the council
6shall be eligible to hold the office of borough manager.

7SUBCHAPTER H

8PLANNING COMMISSION

9(Reserved)

10SUBCHAPTER I

11MINE AND QUARRY INSPECTION

12AND SURFACE SUPPORT

13(Reserved)

14SUBCHAPTER J

15CIVIL SERVICE FOR POLICE AND

16FIRE APPARATUS OPERATORS

17Sec.

181170. Definitions.

191171. Appointments of police and fire apparatus operators.

201172. Civil service commission.

211173. Offices incompatible with civil service commissioner.

221174. Organization of commission.

231175. Clerks, supplies and solicitor.

241176. Rules and regulations.

251177. Minutes and records.

261178. Investigations.

271179. Subpoenas.

281180. Annual report.

291181. General provisions relating to examinations.

301182. Application for examination.

11183. Rejection of applicant and hearing.

21184. Eligibility list and manner of filling appointments.

31185. Age and residency of applicants.

41186. Probationary period.

51187. Provisional appointments.

61188. Promotions.

71189. Physical and psychological medical examination.

81190. Removals.

91191. Hearings on dismissals and reductions.

101192. Employees exempted.

111193. Discrimination on account of political or religious
12affiliations.

131194. Penalty.

14§ 1170. Definitions.

15The following words and phrases when used in in this
16subchapter shall have the meanings given to them in this section
17unless the context clearly indicates otherwise:

18"Fire apparatus operator." A person who operates fire
19apparatus and devotes his normal working hours to operating any
20piece of fire apparatus or other services connected with fire
21protection work and who is paid a stated salary or compensation
22for the work by the borough.

23"Police force." A police force organized and operating as
24prescribed by law, the members of which devote their normal
25working hours to police duty or duty in connection with the
26bureau, agencies and services connected with police protection
27work and who are paid a stated salary or compensation for the
28work by the borough. As used in this subchapter, the term shall
29not include any of the following:

30(1) Special police appointed by the mayor to act in

1emergencies.

2(2) A person appointed solely for parking meter
3enforcement duties.

4(3) Special school police.

5(4) Extra police serving from time to time or on an
6hourly or daily basis.

7(5) An auxiliary policeman appointed under the act of
8January 14, 1952 (1951 P.L.2016, No.561), entitled "An act
9providing for supplementing the police forces of cities,
10boroughs, towns and townships, for the appointment, powers
11and control of auxiliary police therein, and for the transfer
12during disasters and emergencies of such auxiliary police,
13members of the regular police forces, and police equipment
14thereof."

15§ 1171. Appointments of police and fire apparatus operators.

16(a) Nonapplicability of subchapter.--This subchapter shall
17not apply to:

18(1) a borough that has a police force of less than three
19members;

20(2) a borough that has a police force of three or more
21members if those members in excess of two are appointed on a
22temporary basis through a federally funded program;

23(3) a volunteer fire department or company that employs
24its own operators; or

25(4) a borough that has less than three salaried fire
26apparatus operators.

27(b) Compensation.--This subchapter is subject to the power
28of council to determine compensation.

29(c) Appointments and promotions.--An appointment to and
30promotion in the police force or as fire apparatus operator paid

1directly by a borough and in the borough shall be made only
2according to qualifications and fitness, to be ascertained by
3examinations which shall be competitive as provided in this
4part.

5(d) Suspension, removal and reduction in rank.--No person
6shall be suspended, removed or reduced in rank as a paid
7employee in any police force or as a paid fire apparatus
8operator of a borough, except in accordance with this
9subchapter.

10(e) Retirement.--Nothing in this subchapter shall apply to
11retirement, nor shall anything in this subchapter be construed
12to prevent a borough from adopting a compulsory retirement age
13for its employees or for any class of employees and from
14retiring all employees automatically when they reach that age.

15§ 1172. Civil service commission.

16(a) Establishment.--A civil service commission is
17established in each borough where a police force or paid fire
18apparatus operators are maintained.

19(b) Membership and terms.--The commission shall consist of
20three commissioners who shall be qualified electors of the
21borough and appointed by the council initially to serve for the
22terms of two, four and six years. As terms expire, the
23commissioners shall be appointed for terms of six years.

24(c) Vacancies.--A vacancy occurring in the commission for
25any reason shall be filled by the council for the unexpired term
26within the period of 30 days after the vacancy occurs.

27(d) Alternate members.--

28(1) Council may appoint no more than three qualified
29electors of the borough to serve as alternate members of the
30commission. The term of office of the alternate members shall

1be six years.

2(2) If seated under section 1174 (relating to 
3organization of commission), an alternate shall be entitled
4to participate in all proceedings and discussions of the
5commission to the same and full extent as provided by law for
6commission members, including specifically the right to cast
7a vote as a voting member during the proceedings, and shall
8have all the powers and duties specified in this part and as
9otherwise provided by law.

10(3) An alternate member may not hold another office in
11the borough.

12(4) An alternate may participate in any proceeding or
13discussion of the commission but may not vote as a member of
14the commission unless designated as a voting alternate member
15under section 1174.

16(e) Oath or affirmation of office.--Each member of the
17commission, before entering upon the discharge of the duties of
18office, shall take an oath or affirmation of office under 53
19Pa.C.S. § 1141 (relating to form of oaths of office).

20(f) Compensation prohibited.--The civil service
21commissioners shall receive no compensation.

22§ 1173. Offices incompatible with civil service commissioner.

23No commissioner shall at the same time hold an elective or
24appointed office under the Federal Government, this Commonwealth
25or any political subdivision of the Commonwealth, except that
26one member of the commission may be a member of the council and
27one may be a member of the teaching profession.

28§ 1174. Organization of commission.

29(a) General rule.--The commission first appointed shall
30organize within ten days of its appointment and shall elect one

1of its members as the chair and one as the secretary. The
2commission shall meet and organize on the first Monday of each
3even-numbered year. Each commissioner shall be notified in
4writing of each and every meeting.

5(b) Quorum.--Three members of the commission shall
6constitute a quorum. If, by reason of absence or
7disqualification of a member a quorum is not reached, the chair
8shall designate as many alternate members of the commission to
9sit on the commission as may be needed to provide a quorum.

10(c) Alternate members.--

11(1) An alternate member of the commission shall continue
12to serve on the commission in all proceedings involving the
13matter or case for which the alternate was initially
14designated until the commission has made a final
15determination of the matter or case.

16(2) Designation of an alternate member under this
17section shall be made on a case-by-case basis in rotation
18according to declining seniority among the alternates.

19(d) Validity of commission action.--No action of the
20commission may be valid unless it shall have the concurrence of
21at least two members.

22§ 1175. Clerks, supplies and solicitor.

23The borough shall:

24(1) Furnish to the commission, on its requisition,
25clerical assistance that may be necessary for the work of the
26commission.

27(2) Provide a suitable and convenient room for the use
28of the commission. The commission shall order from the
29borough the necessary stationery, postage, printing and
30supplies.

1(3) Provide the services of a solicitor for the
2commission to be appointed by the commission and paid by the
3borough. The borough may place a reasonable limit on the
4amount allowed each year for the services of the commission
5solicitor.

6(4) Through its elected and appointed officials, aid the
7commission in all proper ways in carrying out the provisions
8of this subchapter relating to civil service.

9§ 1176. Rules and regulations.

10(a) General rule.--The commission may prescribe, amend and
11enforce rules and regulations for carrying into effect this
12subchapter and shall be governed by the rules and regulations.
13Before the effective date of the rules and regulations or
14amendments to them, they shall be first approved by council. If
15the rules and regulations or amendments have been approved, they
16shall not be annulled, amended or added to without the approval
17of council.

18(b) Public distribution and inspection.--All rules and
19regulations and modifications shall be made available by the
20borough for public distribution or inspection.

21§ 1177. Minutes and records.

22The commission shall maintain minutes of its proceedings and
23records of examinations and other official actions. All
24recommendations of applicants for appointment received by the
25commission shall be kept and preserved for a period of five
26years, and all records and all written causes of removal filed
27with the commission, except as otherwise provided in section
281191 (relating to hearings on dismissals and reductions), shall
29be open to public inspection and subject to reasonable
30regulation.

1§ 1178. Investigations.

2The commission may conduct investigations concerning all
3matters touching the administration and enforcement of this
4subchapter and rules and regulations adopted under this
5subchapter. The chair of the commission may administer oaths and
6affirmations in connection with the investigations.

7§ 1179. Subpoenas.

8(a) General rule.--The commission may issue subpoenas over
9the signature of the chair to require the attendance of
10witnesses and the production of records and papers pertaining to
11any investigation or inquiry. The fees of witnesses for
12attendance and travel shall be the same as for witnesses
13appearing in the courts and shall be paid from appropriations
14for the incidental expenses of the commission.

15(b) Persons required to attend.--All officers in public
16service and employees shall attend and testify if required to do
17so by the commission.

18(c) Penalty for violation.--If any person refuses or
19neglects to obey a subpoena issued by the commission, the person
20shall, upon conviction, be sentenced to pay a fine not to exceed
21$100 and, in default of the payment of the fine and costs, shall
22be imprisoned for a term not to exceed 30 days.

23(d) Petition to court.--If a person refuses or neglects to
24obey a subpoena issued by the commission, the commission may
25apply by petition to the court of common pleas of the county for
26its subpoena requiring the attendance of the person before the
27commission or the court to testify and to produce any records
28and papers necessary and, if the person defaults, the person
29shall be held in contempt of court.

30§ 1180. Annual report.

1The commission shall make an annual report to the council
2containing a brief summary of its work during the year which
3shall be available for public inspection.

4§ 1181. General provisions relating to examinations.

5(a) Rules and regulations.--

6(1) The commission shall make rules and regulations, to
7be approved as provided in section 1176 (relating to rules
8and regulations), providing for the examination of applicants
9for positions in the police force and as paid fire apparatus
10operators and for promotions, which rules and regulations
11shall prescribe the minimum qualifications of all applicants
12to be examined and the passing grades.

13(2) All examinations for positions or promotions shall
14be practical in character and shall relate to matters and
15include inquiries as will fairly test the merit and fitness
16of the persons examined to discharge the duties of the
17employment sought by them.

18(3) All examinations shall be open to all applicants who
19have the minimum qualifications required by the rules and
20regulations.

21(4) Each applicant for an original position shall:

22(i) Be subject to the regulations adopted by the
23commission.

24(ii) Either before or after the written examination,
25submit to a physical fitness or agility examination that
26is job related and consistent with business necessity.

27(iii) If made a conditional offer of employment, be 
28given a physical and psychological medical examination as
29provided in section 1189 (relating to physical and 
30psychological medical examination).

1(iv) Be subject to a background investigation.
2Background investigations may be restricted to those
3candidates on an eligibility list or those to be
4certified to council for appointment in accordance with
5section 1184 (relating to eligibility list and manner of 
6filling appointments).

7(a.1) Promotions.--

8(1) An applicant for promotion shall be subject to the
9regulations adopted by the commission and to examination and
10selection in accordance with section 1188 (relating to 
11promotions).

12(2) A physical fitness or agility examination that is
13job related and consistent with business necessity and
14physical and psychological medical examinations may, but need
15not, be required for a promotion.

16(b) Public notice.--Public notice of the time and place of
17every examination, together with the information as to the kind
18of position to be filled, shall be given by publication once in
19a newspaper of general circulation, at least two weeks prior to
20each examination, and a copy of the notice shall be prominently
21posted in the office of the commission or other public place.

22(c) Posting of eligibility list.--The commission shall post
23in its office the eligibility list containing the names and
24grades of those who have passed the examination.

25§ 1182. Application for examination.

26A person who desires to apply for examination must file with
27the commission a formal application in which the applicant shall
28provide, under oath or affirmation, the following information:

29(1) Full name and residence or post office address.

30(2) Citizenship and place and date of birth.

1(3) Condition of health and physical capacity for public
2service.

3(4) Business or employment and the applicant's residence
4for the past five years.

5(5) Other information as may be required by the
6commission's rules and regulations, showing the applicant's
7qualifications for the position for which the applicant is
8being examined.

9§ 1183. Rejection of applicant and hearing.

10(a) General rule.--The commission may refuse to examine or, 
11if examined, may refuse to certify after examination as eligible 
12any applicant who:

13(1) is found to lack any of the minimum qualifications
14for examination prescribed in the rules and regulations
15adopted for the position or employment for which the
16applicant has applied;

17(2) is physically unfit for the performance of the
18duties of the position to which the applicant seeks
19employment;

20(3) is illegally using a controlled substance, as 
21defined in section 102 of the Controlled Substances Act 
22(Public Law 91-513, 21 U.S.C. § 802);

23(4) has been guilty of any crime involving moral 
24turpitude or of infamous or notoriously disgraceful conduct;

25(5) has been dismissed from public service for
26delinquency or misconduct of office; or

27(6) is affiliated with any group whose policies or
28activities are subversive to the form of government
29enumerated in the Constitutions and laws of the United States
30and this Commonwealth.

1(b) Hearing requirements.--

2(1) If an applicant is aggrieved by the refusal of the
3commission to certify the applicant as eligible after
4examination or a person is aggrieved by refusal of the
5commission to examine the person, the commission shall, at
6the request of the applicant or person aggrieved, within ten
7days, appoint a time and place for a public hearing.

8(2) At the hearing, the applicant or person aggrieved
9may appear with or without counsel, and the commission shall
10take testimony and review its refusal to provide examination
11or certification.

12(3) The deliberations of the commission, including
13interim rulings on evidentiary or procedural issues, may be
14held in the nature of a closed executive session.

15(4) The commission's disposition of the matter shall
16constitute official action which shall occur at a public
17meeting held under 65 Pa.C.S. Ch. 7 (relating to open
18meetings).

19(5) The decision of the commission shall be final.

20§ 1184. Eligibility list and manner of filling appointments.

21(a) Ranking of candidates.--

22(1) At the completion of the testing process, including
23a physical agility or other examination, with the exception
24of a background investigation to be conducted after the
25establishment of an eligibility list and physical and
26psychological medical examination under section 1189
27(relating to physical and psychological medical examination),
28the commission shall rank the candidates who have satisfied
29the minimum requirements for appointment on an eligibility
30list.

1(2) The eligibility list shall contain the names of
2individuals eligible for appointment listed from highest to
3lowest based on their scores on the examinations administered
4by the commission and any points for which an applicant was
5entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to
6veterans' preference).

7(3) The eligibility list will be valid for one year from 
8the date the commission formally adopts the eligibility list.

9(4) Prior to expiration of the one-year period, the 
10commission may extend the validity of the eligibility list 
11for up to an additional 12 months by a majority vote of the 
12commission at a duly authorized commission meeting.

13(5) In the absence of a lawful extension by the
14commission under paragraph (4), the list shall expire.

15(b) Procedure for filling positions.--Except as provided in
16subsection (c), every original position or employment in the
17police force or as paid fire apparatus operators, except that of
18chief of police or chief of the fire department, or equivalent,
19shall be filled only in the following manner:

20(1) The council shall notify the commission of any
21vacancy which is to be filled and shall request the
22certification of an eligibility list.

23(2) The commission shall certify for each existing
24vacancy from the eligibility list the names of the three
25persons or a lesser number, if three are not available, who
26have received the highest average.

27(3) The council shall make a conditional appointment
28from the three names certified, based solely on the merits
29and fitness of the candidates, unless council makes
30objections to the commission regarding one or more of the

1certified persons for any of the reasons stated in section
21183 (relating to rejection of applicant and hearing).

3(4) If the objections are sustained by the commission as
4provided in section 1183 or the conditional appointee is
5determined to be unqualified in accordance with the
6procedures specified in section 1189, the commission shall
7strike the name of the person from the eligibility list and
8certify the next highest name for each name stricken from the
9eligibility list.

10(5) As each subsequent vacancy occurs in the same or
11another position, the same procedure shall be followed.

12(c) Vacancies in existing positions.--

13(1) Any vacancy in an existing position in the police
14force or as a paid fire apparatus operator which occurs as a
15result of retirement, resignation, disability or death may be
16filled by council by the reappointment or reinstatement of a
17former employee of the police force or fire department who
18had previously complied with this section.

19(2) No examination, other than a physical examination as
20directed by the civil service commission, shall be required
21in any case of reappointment or reinstatement.

22(d) Vacancies in certain offices.--

23(1) In the case of a vacancy in the office of chief of
24police or chief of the fire department, or equivalent
25official, the council may nominate a person to the
26commission.

27(2) The commission shall subject the nominated person to
28a noncompetitive examination and, if the person is certified
29by the commission as qualified, the person may then be
30appointed to the position and shall be subject to this

1subchapter.

2§ 1185. Age and residency of applicants.

3No person shall be eligible to apply for examination unless
4the person is at least 18 years of age at the date of
5application. An applicant need not be a resident of the borough.
6The council of the borough may authorize the commission, by rule
7or regulation, to require police officers and paid fire
8apparatus operators to become residents of the borough after
9appointment to the positions.

10§ 1186. Probationary period.

11(a) General rule.--An original appointment to a position in
12the police force or as a paid fire apparatus operator shall be
13for a probationary period of not less than six months and not
14more than one year, but during the probationary period an
15appointee may be dismissed only for a cause specified in section
161183 (relating to rejection of applicant and hearing) or because 
17of incapacity for duty due to the use of alcohol or drugs.

18(b) Notice denying permanent appointment.--

19(1) If, at the close of a probationary period, the
20conduct or fitness of the probationer has not been
21satisfactory to the council, the probationer shall be
22notified in writing that the probationer will not receive a
23permanent appointment and the appointment shall cease.

24(2) If the probationer is not notified or dismissed in
25accordance with this section, the probationer's retention
26shall be equivalent to a permanent appointment.

27(c) Finality of decision.--The decision of a borough to
28suspend or discharge a probationer shall be final and shall not
29be subject to the hearing provisions of section 1191 (relating
30to hearings on dismissals and reductions).

1§ 1187. Provisional appointments.

2(a) General rule.--If there are urgent reasons for the
3filling of a vacancy in a position in the police force and there
4are no names on the eligibility list for the appointment, the
5council may nominate a person to the commission for
6noncompetitive examination, and, if the nominee shall be
7certified by the commission as qualified after noncompetitive
8examination, the nominee may be appointed provisionally to fill
9the vacancy.

10(b) Competitive examination required.--

11(1) Within three weeks of the provisional appointment,
12the commission shall hold a competitive examination and
13certify an eligibility list. A regular appointment shall then
14be made from the name or names submitted by the commission.

15(2) Nothing in this section shall be construed to
16prevent the appointment, without examination, of persons
17temporarily as police officers in cases of riot or other
18emergencies or as fire apparatus operators in emergency
19cases.

20§ 1188. Promotions.

21(a) General rule.--A promotion shall be based on merit to be
22ascertained by an examination to be prescribed by the
23commission. All questions relative to a promotion shall be
24practical in character and fairly test the merit and fitness of
25persons seeking promotion.

26(b) Notification of vacancy.--Council shall notify the
27commission of a vacancy in the police force or as a paid fire
28apparatus operator in the borough which is to be filled by
29promotion and shall request the certification of an eligibility
30list.

1(c) Certification required.--

2(1) The commission shall certify for each vacancy the
3names of three persons on the eligibility list who have
4received the highest average in the last preceding
5promotional examination held within a period of two years
6preceding the date of the request for the eligibility list.

7(2) If three names are not available, the commission
8shall certify the names remaining on the eligibility list.

9(3) The council shall make an appointment from the names
10certified, based solely on the merits and fitness of the
11candidate, unless council makes objections to the commission
12regarding one or more of the persons so certified for any
13reason provided under section 1183 (relating to rejection of
14applicant and hearing).

15(d) Increase in salary as promotion.--The council may
16determine in each instance whether an increase in salary
17constitutes a promotion.

18§ 1189. Physical and psychological medical examination.

19(a) Conditional offer of employment.--

20(1) An applicant selected from the eligibility list
21shall receive a conditional offer of employment. The offer of
22employment shall be conditioned upon the conditional
23appointee undergoing a physical and psychological medical
24examination and a determination that the conditional
25appointee is capable of performing all the essential
26functions of the position.

27(2) Physical medical examinations shall be conducted
28under the direction of a physician or other qualified medical
29professional.

30(3) Psychological medical examinations shall be

1conducted under the direction of a psychiatrist or
2psychologist.

3(b) Opinion to be rendered.--The physician, other qualified
4medical professional, psychiatrist or psychologist must be
5appointed by council and shall render an opinion as to whether
6the conditional appointee has a physical or mental condition
7which calls into question the person's ability to perform all of
8the essential functions of the position for which the person was
9conditionally appointed.

10(c) Interactive discussion with conditional appointee.--If
11the opinion rendered by the physician, other qualified medical
12professional, psychiatrist or psychologist calls into question
13the conditional appointee's ability to perform all essential
14functions of a position, the person designated by council shall
15meet with the conditional appointee for the purpose of having
16one or more interactive discussions on whether the conditional
17appointee can, with or without reasonable accommodation, perform
18all the essential functions of the position.

19(d) Written notice after interactive discussion.--If, at the
20conclusion of the interactive discussion conducted under
21subsection (c), council determines that the conditional
22appointee is not qualified, council shall give written notice to
23the conditional appointee and the commission.

24(e) Construction.--Nothing in this part shall be construed
25to authorize physical or psychological medical examinations
26prior to conditional appointment.

27(f) Definitions.--The following words and phrases used in 
28this section shall have the meanings given to them in this 
29subsection unless the context clearly indicates otherwise:

30"Medical examination." An examination, procedure, inquiry or
 

1test designed to obtain information about medical history or a 
2physical or mental condition which might disqualify an applicant 
3for a position if it would prevent the applicant from 
4performing, with or without a reasonable accommodation, all of 
5the essential functions of the position.

6"Physician." The term shall have the meaning given to it
7under 1 Pa.C.S. § 1991 (relating to definitions).

8"Qualified medical professional." An individual, in
9collaboration with or under the supervision or direction of a
10physician, as may be required by law, who is licensed:

11(1) as a physician assistant under the act of December
1220, 1985 (P.L.457, No.112), known as the Medical Practice Act
13of 1985, or the act of October 5, 1978 (P.L.1109, No.261),
14known as the Osteopathic Medical Practice Act; or

15(2) as a certified registered nurse practitioner under
16the act of May 22, 1951 (P.L.317, No.69), known as The
17Professional Nursing Law.

18§ 1190. Removals.

19(a) General rule.--No person employed in any police or fire
20force of any borough may be suspended without pay, removed or
21reduced in rank except for the following reasons:

22(1) Physical or mental disability affecting the person's
23ability to continue in service, in which cases the person
24shall receive an honorable discharge from service.

25(2) Neglect or violation of any official duty.

26(3) Violation of any law if the violation constitutes a
27misdemeanor or felony.

28(4) Inefficiency, neglect, intemperance, immorality,
29disobedience of orders or conduct unbecoming of an officer.

30(5) Intoxication while on duty.

1(6) Engaging or participating in the conduct of a
2political or election campaign while on duty or in uniform or
3while using borough property otherwise than to exercise the
4person's own right of suffrage.

5(7) Engaging or participating in the conduct of a
6political or election campaign for an incompatible office as
7provided in section 1104(f) (relating to appointments and
8incompatible offices).

9(b) Restriction.--A person employed by a police or fire 
10force shall not be removed for religious, racial or political
11reasons.

12(c) Statement of charges.--A written statement of charges
13made against a person shall be furnished to the person within
14five days after the statement of charges is filed. The person
15shall have ten days from the date of receiving the notice to
16submit a written request for a hearing to the civil service
17commission under section 1191 (relating to hearings on 
18dismissals and reductions).

19(d) Furlough.--If, for reasons of economy or other reasons, 
20it shall be deemed necessary by any borough to reduce the number 
21of paid employees of the police or fire force, the borough shall 
22furlough the person, including a probationer, last appointed to 
23the respective force. The removal shall be accomplished by 
24furloughing in numerical order commencing with the person last 
25appointed until the reduction shall have been accomplished. In 
26the event the police force or fire force shall again be 
27increased, the employees furloughed shall be reinstated in the 
28order of their seniority in the service. This subsection as to 
29reductions in force is not applicable to a chief of police.

30§ 1191. Hearings on dismissals and reductions.

1(a) Time of answer and hearing.--A person suspended, removed
2or reduced in rank may make written answers to any charges filed
3against the person not later than the day scheduled for the
4hearing. The commission shall grant the person a hearing that
5shall be held within a period of ten days from the filing of
6written charges, unless continued by the commission for cause at
7the request of the council or the accused. The failure of the
8commission to hold a hearing within ten days from the filing of
9the written charges shall not result in the dismissal of the
10charges filed.

11(b) Conduct of hearing.--At any hearing, the person against
12whom the charges are made may be present in person and by
13counsel. The council may suspend the person, without pay,
14pending the determination of the charges against the person,
15but, in the event the commission fails to uphold the charges,
16the person sought to be suspended, removed or reduced in rank
17shall be reinstated with full pay for the period during which
18the person was suspended, removed or reduced in rank, and no
19charges shall be officially recorded against the person's
20record. A stenographic record of all testimony taken at the
21hearings shall be filed with and preserved by the commission,
22which record shall be sealed and not be available for public
23inspection in the event the charges are dismissed.

24(c) Appeal.--All parties shall have an immediate right of
25appeal to the court of common pleas of the county, and the case
26shall there be determined as the court deems proper. No order of
27suspension made by the commission may be for a longer period
28than one year. The appeal shall be taken within 30 days from the
29date of entry by the commission of its final order and shall be
30by petition. Upon the appeal being taken and docketed, the court

1of common pleas shall schedule a day for a hearing and shall
2proceed to hear the appeal on the original record and additional
3proof or testimony as the parties concerned may desire to offer
4in evidence. The decision of the court affirming or revising the
5decision of the commission shall be final, and the employee
6shall be suspended, discharged, reduced in rank or reinstated in
7accordance with the order of court.

8(d) Proceedings.--The council and the person sought to be
9suspended, removed or reduced in rank shall at all times have
10the right to employ counsel before the commission and upon
11appeal to the court of common pleas. Unless the council or the
12person sought to be suspended, removed or reduced in rank
13requests that the proceedings before the commission be open to
14the public, the proceedings before the commission under this
15section shall be held in the nature of a closed executive
16session that shall not be open to the public. The request shall
17be presented to the commission before the civil service hearing
18commences. The deliberations of the commission, including
19interim rulings on evidentiary or procedural issues, may be held
20in private and shall not be subject to a request for being open
21to the public, the council or the person sought to be suspended,
22removed or reduced in rank. The commission's disposition of the
23disciplinary action shall constitute official action which shall
24occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7
25(relating to open meetings).

26§ 1192. Employees exempted.

27All appointments in the police or fire forces of boroughs,
28including the chief of police or equivalent official, prior to
29the creation of a commission, shall continue to hold their
30positions and shall not be required to take any examination

1under the provisions of this subchapter, except that which may
2be required for promotion. This section shall not be construed
3to apply to persons employed temporarily in emergency cases.

4§ 1193. Discrimination on account of political or religious
5affiliations.

6(a) Information.--No question in any form of application for
7examination or in any examination shall be so framed as to
8elicit information concerning the political or religious
9opinions or affiliations of any applicant nor shall inquiry be
10made concerning the opinions or affiliations, and all
11disclosures of opinions or affiliations shall be ignored.

12(b) Prohibition.--No discrimination shall be exercised,
13threatened or promised by any person against or in favor of any
14applicant or employee because of political or religious opinions
15or affiliations or race, and no offer or promise or reward,
16favor or benefit, directly or indirectly, shall be made to or
17received by any person for any act done or duty omitted or to be
18done under this subchapter.

19§ 1194. Penalty.

20A member of council who, by vote, appoints any person to the
21police force or as a fire apparatus operator contrary to the
22provisions of this subchapter, or a member of council or member
23of the commission who willfully refuses to comply with or
24conform to the provisions of this subchapter, commits a
25misdemeanor and, upon conviction, shall be sentenced to pay a
26fine not exceeding $100 or to imprisonment not exceeding 90
27days, or both.

28SUBCHAPTER K

29INDEPENDENT AUDITOR

30(Reserved)

1CHAPTER 12

2CORPORATE POWERS

3Sec.

41201. General powers.

51201.1. Real property.

61201.2. Personal property.

71201.3. Exceptions.

81202. Specific powers.

91203. Reserved powers.

10§ 1201. General powers.

11A borough may:

12(1) Have succession perpetually by its corporate name.

13(2) Sue and be sued and complain and defend in the
14courts of this Commonwealth.

15(3) Make and use a common seal and alter the same at its
16discretion.

17(4) Purchase, exchange, acquire by gift or otherwise,
18hold, lease, let and convey, by sale or lease, real and
19personal property deemed to be in the best interest of the
20borough, subject to the restrictions, limitations or
21exceptions as set forth in this chapter.

22§ 1201.1. Real property.

23(a) Sale.--No real estate owned by the borough may be sold
24except upon approval of council by resolution. Additionally, no
25real estate owned by the borough may be sold for a consideration
26in excess of $1,500, except to the highest bidder after due
27notice by advertisement for bids or advertisement of a public
28auction.

29(a.1) Advertisement.--The advertisement shall be published
30once in one newspaper of general circulation not less than ten

1days prior to the date scheduled for the opening of bids or
2public auction. The date for opening bids or public auction
3shall be announced in the advertisement.

4(a.2) Award of contracts.--The award of contracts shall be
5made only by public announcement at a regular or special meeting
6of council or at the public auction. All bids shall be accepted
7on the condition that payment of the purchase price in full
8shall be made within 60 days of the acceptance of bids. If no
9compliant bids are received after advertisement, the applicable
10procedures in the act of October 27, 1979 (P.L.241, No.78),
11entitled, "An act authorizing political subdivisions,
12municipality authorities and transportation authorities to enter
13into contracts for the purchase of goods and the sale of real
14and personal property where no bids are received," shall be
15followed.

16(b) Rejection of bids.--The council shall have the authority
17to reject all bids if the bids are deemed to be less than the
18fair market value of the real property. In the case of a public
19auction, the council may establish a minimum bid based on the
20fair market value of the real property.

21(c) Exception.--Real estate owned by a borough may be sold
22at a consideration of $1,500 or less without advertisement or
23competitive bidding only after council estimates the value of
24the property upon receipt of an appraisal by a qualified real
25estate appraiser.

26(d) Exchange of real property.--

27(1) Notwithstanding this section, council shall have the
28authority to exchange real property for real property of
29equal or greater value without complying with this section,
30if the property being acquired by the borough is to be used

1for municipal purposes. Municipal purposes as used in this
2subsection include a subsequent sale or lease of the property
3to any of the entities listed in section 1201.3 (relating to 
4exceptions).

5(2) Any conveyance of real property acquired in an
6exchange to an entity listed in section 1201.3 may contain a
7clause under which the lands and buildings will revert to the
8borough if they are no longer being used for the purposes of
9the entity.

10(3) If council chooses to exercise its power of real
11property exchange under this section, it shall be by
12resolution adopted by council. Notice of the resolution,
13including a description of the properties to be exchanged,
14shall be published once in one newspaper of general
15circulation not more than 60 days nor fewer than seven days
16prior to adoption.

17(4) Participation in a real property exchange shall not
18prohibit the application of the requirements of the act of
19October 4, 1978 (P.L.851, No.166), known as the Flood Plain
20Management Act.

21§ 1201.2. Personal property.

22(a) Sale.--Except as provided in subsection (b), no borough
23personal property may be disposed of, by sale or otherwise,
24except upon approval of council by resolution. In cases when
25council approves a sale of the property, council shall estimate
26the fair market value of the entire lot to be disposed of. If
27council estimates the fair market value to be $1,000 or more,
28the entire lot shall be advertised for sale once in at least one
29newspaper of general circulation not less than ten days prior to
30the date scheduled for the opening of bids or public auction.

1The date of opening of bids or public auction shall be announced
2in the advertisement, and sale of the property advertised shall
3be made to the best responsible bidder.

4(a.1) Electronic auction sale.--A public auction of personal 
5property may be conducted by means of an online or electronic 
6auction sale. During an electronic auction sale, bids shall be 
7accepted electronically at the time and in the manner designated 
8in the advertisement. During the electronic auction, each bidder 
9shall have the capability to view the bidder's bid rank or the 
10high bid price. Bidders may increase their bid prices during the 
11electronic auction. The record of the electronic auction shall 
12be accessible for public inspection. The purchase price shall be 
13paid by the highest bidder immediately or at a reasonable time 
14after the conclusion of the electronic auction as determined by 
15council. In the event that shipping costs are incurred, they 
16shall be paid by the highest bidder. A borough that has complied 
17with the advertising requirements of this section may provide 
18additional public notice of the sale by bids or public auction 
19in any manner deemed appropriate by council. The advertisement 
20for electronic auction sales authorized in this paragraph shall 
21include the Internet address or means of accessing the 
22electronic auction and the date, time and duration of the 
23electronic auction.

24(a.2) Rejection of bids.--Council may reject any bids
25received if the bids are believed to be less than the fair
26market value of the property. If no bids are received after
27advertisement, the applicable procedures in the act of October
2827, 1979 (P.L.241, No.78), entitled, "An act authorizing
29political subdivisions, municipality authorities and
30transportation authorities to enter into contracts for the

1purchase of goods and the sale of real and personal property
2where no bids are received," shall be followed.

3(b) Exception for small value sales.--Council shall, by
4resolution, adopt a procedure for the sale of surplus personal
5property, either individual items or lots of items, of an
6estimated fair market value of less than $1,000. The approval of
7council shall not be required for any individual sale that shall
8be made in conformity to the procedure.

9(c) Exchange of personal property.--This section shall not
10be mandatory when borough personal property is to be traded in
11or exchanged for new or used personal property being acquired by
12the borough, except that the trade or exchange shall be by
13resolution.

14§ 1201.3. Exceptions.

15(a) Sale of property.--Nothing under this chapter requiring
16advertising for bids or sale at public auction and sale to the
17highest bidder shall apply if borough real or personal property
18is to be sold to any of the following:

19(1) A county, city, borough, town, township, institution
20district, school district, volunteer fire company, volunteer
21ambulance service or volunteer rescue squad located within
22the borough.

23(2) A council of government, consortium, cooperative or 
24other similar entity created pursuant to 53 Pa.C.S. Ch. 23 
25Subch. A (relating to intergovernmental cooperation).

26(3) An authority as defined in 53 Pa.C.S. § 5602
27(relating to definitions).

28(4) A nonprofit corporation engaged in community
29development or reuse only upon entering into a written
30agreement with the nonprofit corporation that requires the

1property to be used for industrial, commercial or affordable
2housing purposes. This exemption shall not apply to property
3on which existing governmental functions are conducted. This
4exemption shall also not apply to property owned and operated
5by the borough or subcontracted or operated on behalf of the
6borough in order to conduct existing government functions.

7(5) A person for the person's exclusive use in an
8industrial development program.

9(6) A nonprofit corporation organized as a public
10library for its exclusive use as a library.

11(7) A nonprofit medical service corporation as
12authorized under section 1202(50) (relating to specific 
13powers).

14(8) A nonprofit housing corporation as authorized by
15section 1202(51).

16(9) The Federal Government or the Commonwealth.

17(10) A nonprofit museum or historical society for its
18exclusive use as a nonprofit museum or historical society.

19(b) Sales to certain nonprofit corporations.--When real
20property is to be sold to a nonprofit corporation organized as a
21public library for its exclusive use as a library or to a
22nonprofit medical service corporation or to a nonprofit housing
23corporation, council may elect to accept nominal consideration
24for the sale as it shall deem appropriate.

25(c) Reversion.--Real property sold under this section to a
26volunteer fire company, volunteer ambulance service or volunteer
27rescue squad, nonprofit medical service corporation or nonprofit
28housing corporation shall be subject to the condition that when
29the property is not used for the purposes of the company,
30service, squad or corporation the property shall revert to the

1borough.

2§ 1202. Specific powers.

3The powers of the borough shall be vested in the council. In
4the exercise of any specific powers involving the enactment of
5an ordinance or the making of any regulation, restriction or
6prohibition, the borough may provide for enforcement and
7penalties for violations. The specific powers of the borough
8shall include the following:

9(1) To prescribe reasonable fees for the services of the
10borough's officers and to enforce the payment of the fees.
11This paragraph shall not be applicable to the services
12rendered by borough police officers in responding to motor
13vehicle accidents pursuant to 53 Pa.C.S. § 1392 (relating to
14prohibition of fees for police services).

15(2) In the operation of its utilities, parking meters,
16parking lots, recreational facilities and other facilities
17and services, to make and regulate charges for them for
18general borough purposes.

19(3) To impose fines and penalties, incurring partial or
20total forfeiture, or to remit the same.

21(4) To prohibit and remove any nuisance or dangerous
22structure on public or private grounds, including, but not
23limited to, accumulations of garbage and rubbish, the storage
24of abandoned or junked automobiles and obstructions or
25nuisances in the streets of the borough. The borough may
26require the removal of any nuisance or dangerous structure by
27the owner or occupier of the grounds or remove the nuisance
28or dangerous structure itself and collect the cost of
29removal, together with a penalty of 10% of the cost, in the
30manner provided by law for the collection of municipal

1claims, or by action of assumpsit, or the borough may seek
2relief by bill in equity.

3(5) To make regulations as may be necessary for the
4health, safety, morals, general welfare and cleanliness and
5beauty, convenience, comfort and safety of the borough.

6(6) To make regulations respecting vaults, cesspools and
7drains.

8(7) To make regulations relative to the accumulation of
9manure, compost and the like to the extent authorized by 3
10Pa.C.S. Ch. 5 (relating to nutrient management and odor
11management).

12(8) To provide for garbage and other refuse material as
13follows:

14(i) To prohibit, individually or jointly with other
15municipal corporations pursuant to an agreement,
16accumulations of garbage or other refuse material upon
17public and private property and to make regulations for
18the care, removal and collection of garbage or other
19refuse material, including:

20(A) To provide for the collection and imposition
21of reasonable fees and charges for the collection of
22garbage and other refuse material.

23(B) To erect, operate and maintain refuse
24disposal or incineration facilities or sanitary
25landfills, either within or without the limits of the
26borough, or provide other means for the collection,
27destruction or removal of garbage and other refuse
28material and provide for the payment of the cost or
29expense of the activity, either in whole or in part,
30out of the funds of the borough.

1(C) To purchase real estate for the purpose of
2erecting, operating and maintaining refuse disposal
3or incineration facilities or sanitary landfills if,
4prior to any acquisition of property pursuant to this
5paragraph, the borough, individually or jointly, as
6the case may be, obtains the approval of the court of
7common pleas for the location of the facilities or
8landfill after a hearing and subject to notice as the
9court shall require. If no objections are heard at
10the hearing, the court shall approve the location. If
11any objection is made, the court shall proceed to
12hear the matter and determine whether the location is
13a detriment to neighboring properties. The finding of
14the court shall be conclusive but in no way shall
15adjudicate any question relating to damages for
16injury to property.

17(D) To take and appropriate real estate for
18purposes of refuse disposals or incineration
19facilities or sanitary landfills in accordance with
20Chapter 15 (relating to eminent domain, assessment of
21damages and damages for injury to property) if a
22purchase price cannot first be agreed upon. No real
23estate located outside the limits of the borough or
24outside the limits of the joint municipal
25corporations in the case of a joint effort shall be
26taken and appropriated if the real estate currently
27contains or is being used for a refuse disposal or
28incineration facility or a sanitary landfill.

29(ii) Regulations enacted under this paragraph shall
30be consistent with the act of July 7, 1980 (P.L.380,

1No.97), known as the Solid Waste Management Act, the act
2of July 28, 1988 (P.L.556, No.101), known as the
3Municipal Waste Planning, Recycling and Waste Reduction
4Act, and subject to any other necessary Federal or State
5approval.

6(9) To the extent not otherwise prohibited by the act of
7December 7, 1982 (P.L.784, No.225), known as the Dog Law, to
8destroy dogs found at large contrary to laws of this
9Commonwealth, to prohibit or regulate, by ordinance, the
10running at large of dogs, cats or other pets and, in the
11enforcement of the regulations, to direct the seizure,
12detention or killing of dogs, cats or other pets, prescribing
13reasonable charges for their seizure and detention and to
14provide for their sale for the benefit of the borough in
15default of the redemption of the pet by its owners.

16(10) To enact ordinances prohibiting or regulating the
17keeping or running at large of livestock and fowls and any
18other animals not covered in paragraph (9) and authorizing
19their seizure, detention or, in the case of unowned pigeons,
20humane destruction. The borough may prescribe reasonable
21charges for the seizure and detention of the animals and
22provide for their sale for the benefit of the borough in
23default of the redemption of the animals by their owners.
24Ordinances enacted under this paragraph shall not
25unreasonably interfere with any agricultural operation to the
26extent prohibited by applicable State law.

27(11) To regulate the emission of smoke from chimneys,
28smokestacks and other sources to the extent the regulation is
29not otherwise prohibited by applicable Federal or State law.
30This paragraph shall not apply to locomotive smokestacks.

1(12) To regulate the streets, sewers, public squares,
2common grounds, sidewalks, curbs, gutters, culverts and
3drains, and the heights, grades, widths, slopes and their
4construction, and to prohibit the erection or construction of
5any building or other obstruction to the convenient use of
6the same.

7(13) To prohibit or regulate the riding, driving,
8parking or other passage of any animal or vehicle over, along
9and across sidewalks. As used in this paragraph, the term
10"vehicle" shall include any device in, upon or by which any
11person or property may be transported. The term shall not
12include a self-propelled wheelchair or an electrical mobility
13device operated by and designed for the exclusive use of a
14person with a mobility-related disability.

15(14) To adopt ordinances defining disorderly conduct or
16disturbing the peace within the limits of the borough and to
17provide for the imposition of penalties for the conduct in
18amounts, without limitation except as provided under this 
19part, as council shall establish, and notwithstanding any
20laws of this Commonwealth upon disorderly conduct or
21disturbing the peace and the penalties.

22(15) To adopt and enforce a construction code, a
23property maintenance code and a fire prevention code and
24exercise any additional reserved powers pursuant to Chapter
2532A (relating to uniform construction code, property 
26maintenance code and reserved powers).

27(16) To prohibit and regulate the smoking or carrying of
28lighted cigarettes, cigars, pipes or matches and the use of
29matches or fire-producing devices. An ordinance enacted or
30regulation or resolution adopted under this paragraph shall

1not regulate smoking in a manner that conflicts with the act
2of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor
3Air Act.

4(17) To provide for fireworks and inflammable articles
5as follows:

6(i) To regulate and prohibit, by ordinance, the
7manufacture of fireworks or inflammable or dangerous
8articles.

9(ii) To grant permits for supervised public displays
10of fireworks and adopt rules and regulations governing
11the displays.

12(iii) To adopt, by ordinance, rules and regulations
13not inconsistent with State regulations relating to the
14storage of inflammable articles.

15(iv) To impose, by ordinance, other safeguards
16concerning inflammable articles as may be necessary.

17(18) To require and regulate the numbering of buildings
18and lots.

19(19) To make regulations respecting partition fences and
20the foundations and party walls of buildings.

21(20) To provide for the prohibition, licensing and
22regulation of business as follows:

23(i) In addition to licensing in accordance with
24Chapter 29 (relating to licenses and license fees), to
25prohibit, license and regulate by ordinance the
26following:

27(A) The carrying on of any manufacture, art,
28trade or business which may be noxious or offensive
29and prejudicial to the public health or safety of the
30inhabitants.

1(B) The establishment and maintenance of junk
2yards, salvage yards and other places used and
3maintained for the collection, storage and disposal
4of used or second-hand goods and materials.

5(C) With respect to marketplaces:

6(I) regulate markets whether for individual
7use or for resale;

8(II) purchase and own ground;

9(III) erect, establish and maintain
10marketplaces for which purposes parts of a street
11or sidewalk may be temporarily used;

12(IV) contract with a person or association
13of persons, companies or corporations for the
14erection, maintenance and regulation of
15marketplaces, on terms and conditions, and in a
16manner, as the council may prescribe;

17(V) provide and enforce suitable regulations
18respecting marketplaces;

19(VI) provide for the payment of the cost or
20expense of marketplaces, either in whole or in
21part, out of the funds of the borough; and

22(VII) levy and collect a suitable license
23fee from every person who may be authorized by
24council to occupy any portion of marketplaces or
25any portion of the streets or sidewalks for
26temporary market purposes.

27(ii) Notwithstanding subparagraph (i), boroughs may
28prohibit, license and regulate businesses unless
29prohibited by law.

30(21) To plan for and regulate the development of the

1borough by:

2(i) establishing and maintaining uniform building
3lines upon any or all borough streets under applicable
4law; and

5(ii) utilizing powers delegated by the Pennsylvania
6Municipalities Planning Code and other applicable laws by
7adopting zoning, subdivision and land use and development
8regulations.

9(22) (i) To provide for the creation of capital reserve
10fund for anticipated capital expenditures as follows:

11(A) Create and maintain a separate capital
12reserve fund for anticipated legal capital
13expenditures. The money in the fund shall be used,
14from time to time, for the construction, purchase,
15replacement of or expansion of municipal buildings,
16equipment, machinery, motor vehicles or other capital
17assets of the borough and for no other purpose.

18(B) Appropriate money from the general borough
19funds to be paid into the capital reserve fund or
20place in the fund any money received from the sale,
21lease or other disposition of any borough property or
22from any other source, unless received or acquired
23for a particular purpose. The fund shall be
24controlled, invested, reinvested and administered and
25the money expended for any of the purposes for which
26the fund is created in a manner as may be determined
27by council. The money in the fund, when invested,
28shall be invested in securities designated by 53
29Pa.C.S. Pt. VII Subpt. B (relating to indebtedness
30and borrowing) as legal investments for sinking funds

1of municipalities.

2(ii) This paragraph shall not be construed to limit
3the powers of the borough to the use of money in the
4capital reserve fund in making lawful capital
5expenditures.

6(23) To create and maintain a separate operating reserve
7fund from which appropriations may be made to meet
8emergencies involving the health, safety and welfare of the
9residents of the borough, to counterbalance potential budget
10deficits resulting from shortfalls in anticipated revenues or
11program receipts from whatever source, or to provide
12anticipated operating expenditures related either to the
13planned growth of existing projects or programs or to the
14establishment of new projects or programs if, for a project
15or program appropriations, have been made and allocated to a
16separate restricted account established within the operating
17reserve fund. Council may annually make appropriations from
18the general fund to the operating reserve fund, but no
19appropriation may be made to the operating reserve fund if
20the effect of the appropriation would cause the fund to
21exceed 5% of the estimated revenues of the borough's general
22fund in the current fiscal year. The operating reserve fund
23shall be invested, reinvested and administered in a manner
24consistent with the provisions of section 1316 (relating to 
25investment of funds).

26(24) To enter into agreements with other political
27subdivisions, in accordance with existing laws, in making
28joint purchases of materials, supplies or equipment and in
29performing governmental powers, duties and functions and in
30carrying into effect provisions of 53 Pa.C.S. Ch. 23 Subch. A

1(relating to intergovernmental cooperation), and agreements
2with the proper authorities of municipal corporations,
3regional police or fire forces or other public safety or
4governmental entities created by two or more municipal
5corporations under 53 Pa.C.S. Ch. 23 Subch. A (relating to
6intergovernmental cooperation), either for mutual aid or
7assistance in police and fire protection or any other public
8safety services, or for the furnishing to or receiving from
9the municipal corporations or governmental entities police
10and fire protection or any other public safety services, and
11to make appropriations for public safety services. In
12connection with agreements for police or fire protection or
13any other public safety services, it shall not be necessary
14to advertise for bids or receive bonds as required for
15contracts under existing law. When an agreement has been
16entered into, the police, firefighters, fire police or any
17other public safety services of the employing municipal
18corporation or governmental entity shall have the powers and
19authority conferred by law on police, firefighters, fire
20police or any other public safety services in the territory
21of the municipal corporation which has contracted to secure
22the service.

23(25) To make contracts of insurance, with any mutual or
24other fire insurance company, association or exchange, duly
25authorized by law to transact insurance business in this
26Commonwealth, on any building or property owned or leased by
27the borough.

28(26) To provide for other insurance as follows:

29(i) To appropriate an amount as may be necessary to
30secure insurance or compensation in accordance with

1Article VI of the act of June 2, 1915 (P.L.736, No.338),
2known as the Workers' Compensation Act, for:

3(A) volunteer firefighters of companies duly
4recognized by the borough, by motion or resolution,
5killed or injured while going to, returning from or
6attending fires or while performing their duties as
7special fire police; and

8(B) other borough employees as "employe" is
9defined in section 601 of the Workers' Compensation
10Act.

11(ii) To make contracts of insurance with any
12insurance company, association or exchange authorized to
13transact business in this Commonwealth insuring borough
14employees or any class or classes of employees, or mayor
15and council or their dependents, under a policy or
16policies of insurance covering life, health,
17hospitalization, medical and surgical service or accident
18insurance.

19(iii) To contract with an insurance company,
20granting annuities or pensions, for the pensioning of
21borough employees or any class or classes of employees,
22and to agree to pay part or all of the premiums or
23charges for carrying the contracts and to appropriate
24money from the borough treasury for those purposes.

25(iv) To make contracts with any insurance company,
26association or exchange authorized to transact business
27in this Commonwealth to insure any public liability of
28the borough and to appropriate money from the borough
29treasury for that purpose.

30(v) Nothing in this paragraph shall affect any

1contract, right or coverage of insurance vested or
2existing on July 16, 2012. Contract, as used in this
3paragraph, includes an annuity contract if the option to
4renew continues to provide the same rights to the
5annuitant that existed on July 16, 2012.

6(27) To contract with a company owning, leasing or
7operating a light rail or similar transportation system,
8whether surface, elevated or underground, within the limits
9of the borough, for the acquisition, leasing or regulation of
10the franchises, properties, powers, duties and liabilities of
11the company for the purpose of providing public
12transportation. A contract may provide that the companies may
13make payments to the borough in lieu of the performance of
14certain duties or may include a provision that municipal
15consent shall not be granted to any other company for the
16same services covered by the contract. A contract may also
17provide, subject to any required approval by the Pennsylvania
18Public Utility Commission and consistent with the
19jurisdictional limits established under 49 U.S.C. (relating 
20to transportation), for the laying, installation or removal
21of tracks or lines, to prevent the laying or installation of
22otherwise authorized tracks or lines or to change the route
23of any tracks or lines for the consideration and upon
24conditions as may be agreed upon. Council may acquire,
25maintain and operate any existing inclined plane passenger
26transportation facilities and may acquire or may establish
27vehicular feeder lines for those facilities.

28(28) To do any of the following:

29(i) Acquire land or buildings by purchase, gift,
30exchange or eminent domain.

1(ii) Erect a building or lease land or buildings,
2within the borough limits, for community purposes or for
3public facilities such as comfort and waiting stations
4and drinking fountains.

5(iii) Erect watering troughs.

6(iv) Maintain the public facilities.

7(v) Provide for the payment of the cost and
8maintenance of the items under this paragraph from the
9funds of the borough.

10(29) To provide a lockup for the temporary detention of
11persons.

12(30) To display the flag of the United States or of the
13Commonwealth, the official POW/MIA flag or the flag of any
14county, city, borough or other municipality in this
15Commonwealth on the public buildings or grounds and in public
16places of the borough.

17(31) To provide for parking as follows:

18(i) to acquire by lease, purchase or eminent domain
19any land that the council may deem necessary or desirable
20for the purpose of establishing and maintaining parking
21lots;

22(ii) to regulate the use of parking lots;

23(iii) to regulate parking and provide parking
24accommodations to promote the convenience and protection
25of the public; and

26(iv) to establish or designate, at the discretion of
27the council, areas exclusively reserved for parking by
28handicapped individuals and to post signs regulating the
29areas.

30The right to regulate the use of the lots shall include the

1right to impose fines and fees for violation of any law or
2ordinance regulating parking. Regulation of parking lots
3shall be consistent with 75 Pa.C.S. (relating to vehicles)
4and the act of October 27, 1955 (P.L.744, No.222), known as
5the Pennsylvania Human Relations Act.

6(32) To acquire by purchase or by gift and to repair,
7supervise, operate and maintain ancient landmarks and other
8property of historical or antiquarian interest and to make
9appropriations to nonprofit associations or corporations
10organized for the purpose of acquiring and maintaining
11historical properties. The appropriations shall only be used
12by the association or corporation for the acquisition,
13restoration and maintenance of the historical properties.

14(33) To provide against all hazards of war, terrorism
15and other disasters and their consequences, and for those
16purposes to have the power of eminent domain, to cooperate
17with any other unit and agency of government, Federal, State
18or local in every lawful way for purposes of defense against
19the hazards of war and terrorism and to further provide
20against the hazards of manmade or natural disasters in
21conjunction with the powers applicable to boroughs in 35
22Pa.C.S. Pt. V (relating to emergency management services).

23(34) (i) To purchase vehicles and other equipment
24necessary for the towing of motor vehicles, tractors,
25trailers, recreational trailers and other vehicles from
26highways, roads, streets and public property of the
27borough.

28(ii) To impose fees for towing if the towing
29equipment is used for the lawful removal of motor
30vehicles, tractors, trailers, recreational trailers and

1other vehicles from highways, roads, streets and public
2property of the borough.

3(iii) To authorize or contract with commercial
4towers that agree to tow vehicles for a negotiated price
5as the official towers for the borough for the lawful
6removal of motor vehicles, tractors, trailers,
7recreational trailers and other vehicles from highways,
8roads, streets and public property of the borough in
9accordance with Federal and State law.

10(iv) To impose fees in the same manner as authorized
11when the towing is performed with borough vehicles and
12equipment.

13A commercial tower that agrees not to charge in excess of the
14negotiated price and is otherwise lawfully authorized to tow
15vehicles in accordance with Federal and State law shall be
16put on an official rotation list for the borough if council
17provides for a list. This paragraph shall apply only when the
18borough is requesting a vehicle to be towed. In all other
19cases, the owner or operator of a vehicle shall be permitted
20to select and pay for the tower.

21(35) To purchase or contribute to the purchase of fire 
22engines and fire apparatus, boats, rescue and lifesaving 
23equipment and supplies for the use of the borough for fire, 
24rescue and lifesaving services, including community ambulance 
25service, and to appropriate money for fire companies and 
26rescue units located within the borough, including for the 
27construction, repair and maintenance of buildings for fire 
28companies and rescue units, and to acquire land for those 
29purposes. Appropriations may include funds to establish, 
30equip, maintain and operate lawfully organized or
 

1incorporated fire training schools within the county or 
2regional firefighters' associations or an entity created 
3pursuant to 53 Pa.C.S. Ch. 23 Subch. A for the purpose of 
4giving instruction and practical training in the prevention, 
5control and fighting of fire and related fire department 
6emergencies to the members of fire departments and volunteer 
7fire companies in any municipal corporation within this 
8Commonwealth. Annual appropriations may also be made to an 
9ambulance service, or council may enter into contracts for 
10use in providing community ambulance service.

11(36) To appropriate money for the expense of municipal
12music.

13(37) To accept, purchase and plant or contribute to the
14purchasing and planting of shade trees along the streets and
15sidewalks of the borough and to have the care, custody and
16control of shade trees pursuant to Chapter 27 (relating to 
17recreation places, shade trees and forests).

18(38) To appropriate money for the support of any
19incorporated hospital that is engaged in charitable work and
20extends treatment and medical attention to residents of the
21borough, but no appropriation shall exceed in any year the
22cost of free service extended to residents of the borough
23that is in excess of any amount paid by the Commonwealth
24towards free service.

25(39) To appropriate money toward the maintenance and
26support of any medical center or hospital building and
27further appropriate from the funds toward the purchase and
28erection of medical or hospital facilities. When the total
29cost of the purchase or erection exceeds $100,000, it will
30necessitate approval by the appropriate health planning

1agency.

2(40) To appropriate money annually for the expense of
3community nurse services to any nonprofit associations or
4corporations that provide community nursing services for the
5elderly and other needy persons, the control of communicable
6disease, the immunization of children, the operation of child
7health centers (Well-Baby Clinics), instructive visits to
8parents of new babies, beginning in the prenatal period, and
9family health guidance, including nutrition, detection and
10correction of defects all of which relate to the
11responsibilities of local boards of health.

12(41) To appropriate in any year out of the general funds
13of the borough for the observance of holidays or centennials
14or other anniversaries or for borough celebrations or other
15civic projects or programs.

16(42) To appropriate from borough funds money for the
17handling, storage and distribution of surplus foods obtained
18through either a Federal, State or local agency. All
19appropriations of money made by any borough for the handling,
20storage and distribution of surplus foods obtained through
21either a Federal, State or local agency are validated.

22(43) To make appropriations to an industrial development
23agency.

24(44) To appropriate money annually to any tourist
25promotion agency, as defined in the act of July 4, 2008
26(P.L.621, No.50), known as the Tourism Promotion Act, to
27assist the agencies in carrying out tourist promotional
28activities.

29(45) To appropriate money to assist any municipality or
30municipal airport authority to acquire, establish, operate

1and maintain any and all air navigation facilities lying
2either within or without the limits of the borough.

3(46) To issue nondebt revenue bonds pursuant to
4provisions of 53 Pa.C.S. Pt. VII Subpt. B to provide
5sufficient money for and toward the acquisition,
6construction, reconstruction, extension or improvement of
7municipal facilities, including water systems or facilities,
8sewers, sewer systems and sewage disposal systems or
9facilities, systems for the treatment or disposal of garbage
10and refuse, gas plants or gas distribution systems for its
11own municipal purposes, electric light or power plants or
12power distribution systems, aeronautical facilities,
13including, but not limited to, airports, terminals and
14hangars and park and recreational facilities and parking lots
15and facilities to be secured solely by the pledge of the
16whole or part of the rent, toll or charge for the use or
17services of the facilities. Included in the cost of the issue
18may be any costs and expenses incident to construction and
19financing the facilities and selling and distributing the
20bonds.

21(47) To offer rewards for the arrest and conviction of
22persons guilty of capital or other crimes within the borough.

23(48) To appropriate funds for urban common carrier mass
24transportation purposes from current revenues and to make
25annual contributions to county departments of transportation
26or to urban common carrier mass transportation authorities to
27assist the departments or the authorities to meet costs of
28operation, maintenance, capital improvements and debt service
29and to enter into long-term agreements providing for the
30payment of the contributions.

1(49) To undertake community development programs,
2including, but not limited to, urban renewal, public housing,
3model cities programs and neighborhood development projects.

4(50) To sell to a nonprofit medical service corporation
5borough-owned:

6(i) real property for its exclusive use as a site
7for a medical service facility; and

8(ii) personal property for use at the medical
9service facility.

10(51) To sell to a nonprofit housing corporation borough-
11owned:

12(i) real property for its exclusive use for housing
13for the elderly; and

14(ii) personal property for its use at the nonprofit
15housing corporation.

16(52) To make grants annually to nonprofit art
17corporations for the conduct of their artistic and cultural
18activities. For the purposes of this paragraph, the term
19"nonprofit art corporation" shall mean a local arts council,
20commission or coordinating agency or any other nonprofit
21corporation engaged in the production or display of works of
22art, including the visual, written or performing arts.
23Artistic and cultural activities include the display or
24production of theater, music, dance, painting, architecture,
25sculpture, arts and crafts, photography, film, graphic arts
26and design and creative writing.

27(53) To appropriate annually an amount toward a
28neighborhood crime watch program. Notwithstanding any other
29provision of law, no borough or official of a borough may
30become subject to contractual, tort or other liability as a

1result of having made an appropriation under this paragraph.

2(54) To appropriate funds for programs that benefit
3senior citizens or make grants to civic organizations that
4represent senior citizens, provide services to senior
5citizens or of which its members are senior citizens.

6(55) To appropriate money to nonprofit watershed
7associations for watersheds serving the borough.
8Appropriations may not be used to undertake litigation
9against any municipality or to seek redress against any
10individual landowner.

11(56) To ensure that fire and emergency medical services
12are provided within the borough by the means and to the
13extent determined by the borough, including the appropriate
14financial and administrative assistance for these services.
15The borough shall consult with fire and emergency medical
16services providers to discuss the emergency services needs of
17the borough. The borough shall require any emergency services
18organization receiving borough funds to provide to the
19borough an annual itemized listing of all expenditures of
20these funds before the borough may consider budgeting
21additional funding to the organization.

22(57) To appropriate money to the conservation district,
23as defined in the act of May 15, 1945 (P.L.547, No.217),
24known as the Conservation District Law, in which the borough
25is located.

26(58) To require the owner, operator or superintendent of
27every mine, colliery or quarry located wholly or partially
28within the limits of the borough to furnish to the borough
29maps, plans and drawings of workings, excavations and surface
30support as the council may require. In the case of coal mines

1and collieries, the map or plan shall exhibit the workings or
2excavations in every seam of coal on a separate sheet and the
3tunnels and passages connecting with the workings or
4excavations. It shall show in degrees the general inclination
5of the strata, with any material deflection in the strata in
6the workings or excavations, and shall also show the tidal
7elevations of the bottom of every shaft, slope, tunnel and
8gangway and of any other point in the mine or on the surface
9where the elevation shall be deemed necessary by the borough.
10The map or plan shall show the number of the last survey on
11the gangways or the most advanced workings. Every owner,
12operator or superintendent of a mine, colliery or quarry
13shall update, at least once every three months, the pertinent
14maps, plans and drawings to reflect any extensions made in
15any mine, colliery or quarry during the three preceding
16months, except those made within 30 days immediately
17preceding the time of placing the extensions upon the map or
18drawing. A borough engineer, assistant or other person
19authorized by council may enter and survey any mine, colliery
20or quarry within the limits of the borough, at all reasonable
21times, but not so as to impede or obstruct the workings of
22the mine, colliery or quarry. The owner, operator or
23superintendent of the mine, colliery or quarry shall furnish
24the means necessary for the entry, survey and exit.

25(59) To petition the court of common pleas for the
26appointment of viewers to assess the total cost of an
27improvement as set forth in Chapter 21A (relating to 
28assessments and charges for public improvements). The viewers
29shall assess the total cost of the improvement, or so much of
30the cost as may be just and reasonable, upon the lands or

1properties peculiarly benefited.

2(60) To authorize any borough to:

3(i) purchase, own, use, operate and control any
4natural gas well or wells for the purpose of supplying
5natural gas for its own municipal purposes; and

6(ii) purchase, own, use, operate and control natural
7gas works.

8(61) To establish, by ordinance, and maintain a real
9estate registry for the purpose of procuring accurate
10information in reference to the ownership of real estate in
11the borough in a manner not inconsistent with the act of
12October 9, 2008 (P.L.1400, No.110), known as the Uniform
13Municipal Deed Registration Act. Council shall designate a
14person to have charge of the registry who shall cause to be
15made and carefully preserve all necessary books, maps and
16plans as may show the location and ownership of every lot,
17piece of real estate and subdivision of real estate. For
18purposes of establishing or maintaining the registry, the
19person in charge of the registry shall have access to public
20records without charge. Information contained within a real
21estate registry shall not affect the validity of any
22municipal claim or tax claim of the borough. Nothing in this
23paragraph shall prohibit a borough from requiring owners to
24provide information relevant to the enforcement of any
25borough ordinance in accordance with law.

26(62) To manufacture, purchase or otherwise supply
27electricity pursuant to Chapter 24A (relating to manufacture
28and supply of electricity).

29(63) To provide the following:

30(i) telecommunications services to the extent that

1provision of services is not inconsistent with 66 Pa.C.S.
2Ch. 30 (relating to alternative form of regulation of
3telecommunications services); and

4(ii) cable television services in a manner
5consistent with Federal law.

6(64) To acquire, by purchase or condemnation, or to
7construct underground conduits within which electrical,
8communication and other types of wires shall be placed and,
9by ordinance and subject to approval by the Pennsylvania
10Public Utility Commission, to regulate the manner and terms
11and conditions of the use of any underground conduits.
12Council may define reasonable districts of the borough within
13which underground conduits shall be used for the placement of
14wires without the approval of the Pennsylvania Public Utility
15Commission. The powers reserved by this paragraph shall not
16be bartered away or surrendered by the borough.

17(65) In addition to the remedies provided by law for the
18filing of liens for the collection of municipal claims,
19including, but not limited to, water rates, sewer rates and
20the removal of nuisances, to proceed for the recovery and
21collection of claims by action of assumpsit against the
22person or persons who were the owner or owners of the
23property at the time of the completion of the improvement or
24at the time the water or sewer rates or the cost of the
25removal of nuisances first became payable, notwithstanding
26the fact that there was a failure on the part of the borough
27or its agents to enter the municipal claim as a lien against
28the property assessed for the improvement, or for the
29furnishing of water or sewer services and for the removal of
30nuisances and for the recovery of which the action of

1assumpsit was brought. The action in assumpsit shall be
2commenced either within six years after the completion of the
3improvement from which the claim arises or within six years
4after the water or sewer rates or the cost of abating a
5nuisance first became payable.

6§ 1203. Reserved powers.

7The council may make and adopt all ordinances, bylaws, rules
8and regulations not inconsistent with or restrained by the
9Constitution of Pennsylvania and laws of this Commonwealth as
10may be expedient or necessary for the proper management, care
11and control of the borough and its finances and the maintenance
12of peace, good government, safety and welfare of the borough and
13its trade, commerce and manufactures.

14CHAPTER 13

15TAXATION AND FINANCE

16Sec.

171301. Fiscal year.

181302. Tax levy.

191302.1. Different and separate tax levies.

201303. Special levy to pay debts.

211304. Special road fund tax.

221305. Date tax duplicate to issue.

231306. Additions and revisions to duplicates.

241307. Preparation of budget.

251308. Notice of proposed budget and penalty.

261309. Revision and completion of budget.

271310. Adoption of budget.

281310.1. Tax ordinance.

291311. Amending budget and notice.

301312. Modification of budget and supplemental appropriations

1and transfers.

21313. Payment from borough funds.

31313.1. Creation of special funds and investments.

41314. Uniform financial report and forms.

51315. Capital improvements to certain public service
6facilities.

71316. Investment of funds.

81317. (Reserved).

9§ 1301. Fiscal year.

10The fiscal year of every borough shall coincide with the
11calendar year, beginning January 1 and ending December 31.

12§ 1302. Tax levy.

13(a) Authority.--The council of the borough shall have power,
14by ordinance, to levy and collect annually a tax not exceeding
1530 mills for general borough purposes, unless the council by
16majority action, upon due cause shown by resolution, petitions
17the court of common pleas, in which case the court may order a
18rate of not more than five mills additional to be levied and in
19addition any of the following taxes:

20(1) An annual tax sufficient to pay interest and 
21principal on any indebtedness incurred pursuant to 53 Pa.C.S. 
22Pt. VII Subpt. B (relating to indebtedness and borrowing) or 
23any prior or subsequent act governing the incurrence of 
24indebtedness of the borough.

25(2) To provide for pensions, retirement or the purchase
26of annuity contracts for borough employees, not exceeding
27one-half mill.

28(3) To defray the cost and expenses of caring for shade
29trees as provided in section 2720.1 (relating to maintenance 
30by borough and tax levy) and the expense of publishing the

1notice referred to in section 2720.1, not exceeding one-tenth
2mill.

3(4) For lighting and illuminating the streets, highways
4and other public places, not exceeding eight mills.

5(5) For gas, water and electric, not exceeding eight
6mills, additional millage permitted only following a
7favorable referendum on the matter held in accordance with
8the election laws of this Commonwealth.

9(6) For the purchase of fire engines, fire apparatus and
10fire hose for the use of the borough or for assisting any
11fire company in the borough in the purchase, renewal or
12repair of any of its fire engines, fire apparatus or fire
13hose, for the purposes of making appropriations to fire
14companies both within and without the borough and of
15contracting with adjacent municipalities or volunteer fire
16companies in adjacent municipalities for fire protection, for
17the training of fire personnel and payments to fire training
18schools and centers or for the purchase of land upon which to
19erect a firehouse, or for the erection and maintenance of a
20firehouse or fire training school and center, not exceeding
21three mills. The following shall apply:

22(i) The borough may appropriate up to one-half, but
23not to exceed one mill, of the revenue generated from a
24tax under this paragraph for the purpose of paying
25salaries, benefits or other compensation of fire
26suppression employees of the borough or a fire company
27serving the borough.

28(ii) If an annual tax for the purposes specified in
29this paragraph is proposed to be set at a level higher
30than three mills, the question shall be submitted to the

1voters of the borough, and the county board of elections
2shall frame the question in accordance with the election
3laws of this Commonwealth for submission to the voters of
4the borough.

5(7) For building a firehouse, fire training school and
6center, lockup or municipal building, not exceeding two
7mills, additional millage permitted only following a
8favorable referendum on the matter held in accordance with
9the election laws of this Commonwealth.

10(8) To establish and maintain a local library or to
11maintain or aid in the maintenance of a local library
12established by deed, gift or testamentary provision, for the
13use of the residents of the borough, in accordance with 24
14Pa.C.S. Ch. 93 (relating to public library code).

15(9) For the purpose of supporting ambulance, rescue and
16other emergency services serving the borough, not to exceed
17one-half mill, except as provided in subsection (e). The
18borough may appropriate up to one-half of the revenue
19generated from a tax under this paragraph for the purpose of
20paying salaries, benefits or other compensation of employees
21of the ambulance, rescue or other emergency service.

22(b) Amount.--The taxes shall be levied on the dollar on the
23valuation assessed for county purposes, as now is or may be
24provided by law. All real property, offices, professions and
25persons made taxable by the laws of this Commonwealth for county
26rates and levies may, in the discretion of council, be taxed
27after the same manner for those purposes. An action on the part
28of the borough authorities fixing the tax rate for any year at a
29mill rate shall not be required to include a statement
30expressing the rate of taxation in dollars and cents on each

1$100 of assessed valuation of taxable property.

2(c) Use of taxes for general purposes.--Nothing contained in
3this section may prevent the application of money received from
4taxes levied for general purposes to the purposes of paying
5interest and sinking fund charges on indebtedness.

6(d) Proceeds.--The proceeds of all taxes for which
7additional millage is authorized under this section shall be
8kept in a separate fund and used only for the purposes provided
9under this section. The additional taxes authorized by
10referendum shall continue to be levied annually for the period
11provided under this section in the question submitted in the
12referendum and, if any taxes for which the question voted upon
13shall not have stated the duration of the tax, until the tax
14shall be abolished by vote of the electors in a subsequent
15referendum.

16(e) Tax for ambulance and rescue squads.--The tax for
17supporting ambulance and rescue squads serving the borough shall
18not exceed the rate specified in subsection (a)(9) except when
19the question is submitted to the voters of the borough in the
20form of a referendum which will appear on the ballot in
21accordance with the election laws of the Commonwealth, in which
22case the rate shall not exceed two mills. The county board of
23elections shall frame the question to be submitted to the voters
24of the borough in accordance with the election laws of this
25Commonwealth.

26§ 1302.1. Different and separate tax levies.

27(a) General rule.--A borough may in any year levy separate
28and different rates of taxation for municipal purposes on all
29real estate classified as nonfarmland, exclusive of the
30buildings on the real estate, and on all real estate classified

1as either buildings on land or farmland. When real estate tax
2rates are so levied:

3(1) The rates shall be determined by the requirements of
4the borough budget.

5(2) A higher rate may be levied on real estate
6classified as nonfarmland than on real estate classified as
7either buildings on land or farmland if the respective rates
8on nonfarmland and on buildings or farmland are so fixed as
9not to constitute a greater levy in the aggregate than the
10levy to result from the maximum rate allowed by law on all
11real estate.

12(3) The rates shall be uniform as to all real estate
13within the classification.

14(b) Nonseverability.--Notwithstanding section 104 (relating 
15to constitutional construction), the provisions of this section
16are nonseverable. If any provision of this section or its
17application to any person or circumstance is held invalid, the
18remaining provisions or applications of this section are void.

19(c) Definitions.--As used in this section, the following
20words and phrases shall have the meanings given to them in this
21subsection:

22"Farmland." Any tract of land that is actively devoted to 
23agricultural use, including, but not limited to, the commercial 
24production of crops, livestock and livestock products as defined 
25in section 3 of the act of June 30, 1981 (P.L.128, No.43), known 
26as the Agricultural Area Security Law.

27"Nonfarmland." Any tract of land that is not farmland.

28§ 1303. Special levy to pay debts.

29In addition to the levies provided for in section 1302.1 
30(relating to different and separate tax levies) if the council

1refuses or neglects to levy a sufficient tax to pay the debts
2due by the borough, a court may, after ascertaining the amount
3of the indebtedness of the borough, direct a writ of mandamus to
4the proper officers of the borough to collect by special
5taxation an amount sufficient to pay the indebtedness in one or
6more annual installments, as determined reasonable by the court.

7§ 1304. Special road fund tax.

8(a) Authority.--Any borough shall be empowered, within its
9general power to levy taxes, to collect annually a tax upon all
10real property taxable for borough purposes, not to exceed five
11mills on the dollar in any one year, for the purpose of creating
12and maintaining a special fund to be used by its borough in
13making permanent street improvements and to pay contract prices
14for paving and other permanent street improvements, prior to the
15collection of the cost and expense from the property owners
16adjoining or abutting the property by the borough under existing
17laws.

18(b) Application.--If the cost and expense or any part of the
19cost and expense of the construction of any permanent street
20improvement, which has been made under existing laws and which
21has been aided in its construction from the special fund
22provided for under this section, has been assessed and collected
23from the owners of the real property adjoining or abutting upon
24the improvement, it shall be applied to the credit of the
25special fund, to the extent of the withdrawal from the special
26fund for that purpose.

27§ 1305. Date tax duplicate to issue.

28Council shall, within 30 days after adoption of the budget or
29within 30 days after receipt of the assessment roll from the
30county, whichever is later, issue their duplicate of taxes

1assessed to the collector of taxes of the borough.

2§ 1306. Additions and revisions to duplicates.

3(a) Inspection and reassessment.--If in any borough there is
4any construction of a building or buildings not otherwise exempt
5as a dwelling after the council has prepared a duplicate of the
6assessment of borough taxes and the building is not included in
7the tax duplicate of the borough, the county assessment office
8shall, upon the request of the council, direct the assessor in
9the county assessment office to inspect and reassess, subject to
10the right of appeal and adjustment provided by statute, all
11taxable property in the borough to which major improvements have
12been made after the original duplicates were prepared and to
13give notice of the reassessments within ten days to the
14authority responsible for assessments, the borough and the
15property owner. The real property shall then be added to the
16duplicate and shall be taxable for borough purposes at the
17reassessed valuation for that proportionate part of the fiscal
18year of the borough remaining after the real property was
19improved. Any improvement made during the month shall be
20computed as having been made on the first of the month.

21(b) Copy of additions or revisions.--A certified copy of the
22additions or revisions to the duplicate shall be furnished by
23the council to the borough tax collector, together with their
24warrant for collection of the taxes, and, within ten days, the
25borough tax collector shall notify the owner of the real
26property of the taxes due to the borough.

27§ 1307. Preparation of budget.

28Beginning at least 30 days prior to the adoption of the
29budget, a proposed budget or annual estimate of revenues and
30expenditures for the ensuing year shall be prepared in a manner

1designated by the council. The proposed budget shall be kept on
2file with the borough secretary and be made available for public
3inspection by the borough secretary for a period of ten days.

4§ 1308. Notice of proposed budget and penalty.

5(a) Notice.--Notice that the proposed budget is available
6for inspection shall be published by the borough secretary in a
7newspaper of general circulation, except in boroughs in which
8the estimated budget receipts are less than $50,000 in 2012,
9where, in lieu of the newspaper publications, notice may be
10conspicuously posted during the ten-day period in a place
11readily viewable by the public at the office of the borough
12secretary and with further notice as shall be prescribed by
13council.

14(b) Failure.--Any borough secretary who fails or refuses to
15give the notice that the proposed budget is available for
16inspection, as required, shall, upon conviction in a summary
17proceeding, be sentenced to pay a fine not exceeding $100 and
18costs of prosecution.

19§ 1309. Revision and completion of budget.

20After the expiration of the ten days, council shall make the 
21revision in the budget as deemed advisable. The budget must be 
22as comprehensive and exact as the information available will 
23permit. In addition to expenditures proposed for the current 
24fiscal year, council may include as proposed expenditures a sum 
25sufficient to pay any existing indebtedness and to pay the 
26ordinary operating expenses for the subsequent year until the 
27taxes of the subsequent year are received and may also include a 
28sum to provide in whole or in part for any deferred maintenance, 
29depreciation and replacements. Within the tax levy and debt 
30limitations, council may also include, in whole or in part,
 

1expenditures for capital investments and purchases. Expenditures 
2of a legislative character must be made, authorized or ratified 
3by ordinance. Other expenditures allowed by law may be made or 
4ratified by motion in council. The expenditures, whether by 
5ordinance or motion, must then be considered as appropriations 
6affecting the budget. A balance of revenues over expenditures 
7may be expended in a subsequent year for a lawful purpose.

8§ 1310. Adoption of budget.

9Upon completion of the budget containing the estimated
10receipts and expenditures, the council shall adopt the budget by
11motion of the council, which may not be later than December 31.

12§ 1310.1. Tax ordinance.

13After council has adopted the budget, it is the duty of the
14council to enact an ordinance levying the taxes referred to in
15this part for the fiscal year subject to approval of the mayor
16or enactment over the mayor's veto under the procedure
17established in section 3301.3(c) (relating to enactment, 
18approval and veto).

19§ 1311. Amending budget and notice.

20During the month of January next following a municipal
21election, the council of a borough may amend the budget and the
22levy and tax rate to conform with its amended budget. A period
23of ten days' public inspection at the office of the borough
24secretary of the proposed amended budget, after notice by the
25borough secretary to that effect is published once in a
26newspaper of general circulation, must intervene between the
27proposed amended budget and its adoption. An amended budget must
28be adopted by council on or before the 15th day of February.

29§ 1312. Modification of budget and supplemental appropriations
30and transfers.

1The council in its reasonable discretion may, in any year, by
2motion, modify the budget after its final adoption. New
3appropriations, supplementary appropriations and transfers from
4one appropriation to another may be made during the fiscal year,
5either before or after the expenditure is authorized or ratified
6after the expenditure is made, if it is within the current
7year's revenues, or the money is promptly made available through
8borrowing as allowed by law.

9§ 1313. Payment from borough funds.

10The payments made by the council from the borough funds must
11be made by proper borough orders, drawn upon the treasurer. No
12borough order may be authorized by council or signed by the
13president or secretary of a council unless there are sufficient
14funds in the treasury of the borough to pay the order, and no
15orders may be made payable at any time in the future or draw
16interest. A separate borough order must be drawn for each
17account or payment.

18§ 1313.1. Creation of special funds and investments.

19Council may set aside in a separate fund any money received
20out of or from the sale, lease or other disposition of any
21borough property or received from any source unless the money
22was received or acquired for a particular purpose. The fund must
23be controlled, invested and administered, and the income arising
24from the fund expended, in the manner as may be determined by
25action of the council under the ordinance creating the fund. The
26ordinance may provide that only the income from the fund may be
27used or expended, and that neither principal nor any part of the
28principal may be used or expended unless upon authorization of a
29majority vote of the qualified electors of the borough. The
30ordinances previously enacted by a borough creating and

1establishing a separate fund as authorized by this section must
2be deemed and taken as valid and effectual for all purposes if
3the other requirements of law concerning the enactment of the
4separate fund have been complied with.

5§ 1314. Uniform financial report and forms.

6(a) Preparation of uniform forms.--The uniform forms for the
7annual financial statement required to be made by the auditors
8or the controller must be prepared by a committee consisting of
9four representatives from the Pennsylvania State Association of
10Boroughs, the Secretary of Community and Economic Development,
11or the secretary's designee, and any additional members
12appointed under statute.

13(b) Appointment of representatives.--The representatives of
14boroughs must be appointed by the president of the Pennsylvania
15State Association of Boroughs. The representatives shall be
16chosen from among the finance officers or other officers of the
17borough who have knowledge of the borough's fiscal procedures.
18As far as possible, they must be chosen to represent boroughs in
19the various population groups. The president of the organization
20shall supply to the Department of Community and Economic
21Development the names and addresses of the representatives
22immediately upon their appointment.

23(c) Compensation of representatives.--The representatives
24shall serve without compensation but shall be reimbursed by the
25Commonwealth for the necessary expenses incurred in attending
26meetings of the committee.

27(d) Meetings.--The committee shall meet from time to time as
28conditions may warrant at the call of the Secretary of Community
29and Economic Development, or the secretary's designee, who shall
30serve as chair of the committee.

1(e) Duty of secretary and cooperation.--It shall be the duty
2of the Secretary of Community and Economic Development, or the
3secretary's designee, to ensure that the forms required by this 
4chapter are prepared in cooperation with the committee. In the
5event that the committee should for any reason fail to furnish
6the cooperation, the Secretary of Community and Economic
7Development, or the secretary's designee, shall prepare the
8forms. After their preparation, the secretary shall issue the
9forms and distribute them annually, as needed to the proper
10officers of each borough.

11§ 1315. Capital improvements to certain public service
12facilities.

13(a) Authority.--For the purpose of financing the cost and
14expense or its share of the cost and expense of capital
15improvements, including the purchase and installation of
16machinery and equipment, by altering, improving or enlarging any
17of the following, a borough owning the plant or facility may
18issue nondebt revenue bonds as provided in section 1202(46)
19(relating to specific powers):

20(1) its sewer, sewer system or sewage treatment works,
21either singly or jointly, with other municipalities;

22(2) its water works, either singly or jointly, with
23other municipalities;

24(3) its electric power plant or power distribution
25system; or

26(4) its gas plant or gas distribution system for its own
27municipal purposes.

28(b) Rates.--A borough issuing nondebt revenue bonds under
29the authority of this section shall adjust and, when necessary,
30increase the rates of rentals or charges pledged as security for

1the bonds in order to provide sufficient revenue. The revenue
2must be set aside as reserve funds to cover depreciation of the
3properties involved and for future improvements to the plant or
4facility involved as well as for the payment of the interest on
5the bonds and the principal at the time of maturity.

6§ 1316. Investment of funds.

7(a) Duty of council.--Council shall invest borough funds
8consistent with sound business practice.

9(b) Investment program.--Council shall provide for an
10investment program subject to restrictions contained in this 
11part and in another applicable statute and any rules and
12regulations adopted by council.

13(c) Authorized types of investments.--Authorized types of
14investments for borough funds are:

15(1) United States Treasury bills.

16(2) Short-term obligations of the United States
17Government or its agencies or instrumentalities.

18(3) Deposits in savings accounts or time deposits, other
19than certificates of deposit, or share accounts of
20institutions insured by the Federal Deposit Insurance
21Corporation or the National Credit Union Share Insurance Fund
22to the extent that the accounts are so insured, and, for the
23amounts above the insured maximum, if approved collateral as
24provided by law shall be pledged by the depository.

25(4) Obligations of:

26(i) the United States or its agencies or
27instrumentalities backed by the full faith and credit of
28the United States;

29(ii) the Commonwealth or its agencies or
30instrumentalities backed by the full faith and credit of

1the Commonwealth; or

2(iii) a political subdivision of the Commonwealth or
3its agencies or instrumentalities backed by the full
4faith and credit of the political subdivision.

5(5) Shares of an investment company registered under the
6Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. §
780a-1 et seq.), whose shares are registered under the
8Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et
9seq.), if the only investments of the company are in the
10authorized investments for borough funds listed in paragraphs
11(1) through (4).

12(6) Certificates of deposit purchased from institutions
13insured by the Federal Deposit Insurance Corporation or the
14National Credit Union Share Insurance Fund to the extent that
15the accounts are so insured. For amounts above the insured
16maximum, the certificates of deposit must be collateralized
17by a pledge or assignment of assets of the institution, and
18the collateral may include loans, including interest in pools
19of loans, secured by first mortgage liens on real property.
20Certificates of deposit purchased from commercial banks must
21be limited to an amount equal to 20% of a bank's total
22capital and surplus. Certificates of deposit purchased from
23savings and loan associations or savings banks must be
24limited to an amount equal to 20% of an institution's assets
25minus liabilities.

26(7) An investment authorized by 20 Pa.C.S. Ch. 73 
27(relating to municipalities investments) must be an 
28authorized investment for a pension or retirement fund.

29(8) Bonds of a municipal authority or parking authority
30created solely by the borough for the purpose of either

1investment or possible retirement of the bonds and
2acquisition of authority projects at an earlier date than
3originally contemplated, using for the purpose either surplus
4funds of the borough or money appropriated in the annual
5budget for the purpose.

6(d) In making investments of borough funds, council has
7authority to:

8(1) Permit assets pledged as collateral under subsection 
9(c)(3), to be pooled in accordance with the act of August 6, 
101971 (P.L.281, No.72), entitled "An act standardizing the 
11procedures for pledges of assets to secure deposits of public 
12funds with banking institutions pursuant to other laws; 
13establishing a standard rule for the types, amounts and 
14valuations of assets eligible to be used as collateral for 
15deposits of public funds; permitting assets to be pledged 
16against deposits on a pooled basis; and authorizing the 
17appointment of custodians to act as pledgees of assets."

18(2) Combine money from more than one fund under borough
19control for the purchase of a single investment, if each of
20the funds combined for the purpose shall be accounted for
21separately in all respects and the earnings from the
22investment are separately and individually computed and
23recorded and credited to the accounts from which the
24investment was purchased.

25(3) Join with one or more other political subdivisions 
26and municipal authorities in accordance with 53 Pa.C.S. Ch. 
2723 Subch. A (relating to intergovernmental cooperation) in 
28the purchase of a single investment, provided the 
29requirements of paragraph (2) are adhered to regarding 
30separate accounting of individual funds and separate
 

1computation, recording and crediting of the earnings from the 
2funds.

3§ 1317. (Reserved).

4CHAPTER 14

5CONTRACTS

6Sec.

71401. Power to make contracts.

81402. Regulation of contracts.

91403. Evasion of advertising requirements.

101404. Personal interest in contracts or purchases.

111404.1. Purchase contracts for petroleum products and fire
12company, etc., participation.

131405. Separate bids for plumbing, heating, ventilating and
14electrical work.

151406. Bonds for the protection of labor and materials.

161407. (Reserved).

171408. (Reserved).

181409. (Reserved).

191410. Acceptance by contractor of Workers' Compensation Act.

201411. (Reserved).

21§ 1401. Power to make contracts.

22(a) Authority of borough.--Each borough may make contracts
23for lawful purposes and for the purposes of carrying into
24execution this part and laws of this Commonwealth.

25(b) Contracts and purchases.--Except as otherwise
26specifically provided in this title, all contracts and purchases
27must be made with and from the lowest qualified and responsible
28bidder. In awarding contracts and making purchases, council has
29the right to take into consideration such factors as the
30availability, cost and quality of service and may establish

1prequalification standards for contracts and purchases. A
2prequalification standard must be reasonably designed to assist
3council in determining the ability of a bidder to successfully
4complete a contract or purchase.

5(c) Electronic submission of bids.--A borough may permit the
6electronic submission of bids and may receive bids
7electronically for competitively bid purchases and contracts
8pursuant to 62 Pa.C.S. Ch. 46 (relating to electronic bidding by
9local government units).

10§ 1402. Regulation of contracts.

11(a) Requirements.--All contracts or purchases in excess of
12the base amount of $18,500, subject to adjustment under 
13subsection (a.2), except those mentioned in this section and
14except as provided by the act of October 27, 1979 (P.L.241,
15No.78), entitled, as amended, "An act authorizing political
16subdivisions, municipality authorities and transportation
17authorities to enter into contracts for the purchase of goods
18and the sale of real and personal property where no bids are
19received," shall not be made except with and from the lowest
20qualified and responsible bidder after due notice in one
21newspaper of general circulation, at least two times at
22intervals of not less than three days where daily newspapers of
23general circulation are available for publication and, in case
24of weekly newspapers, notice once a week for two successive
25weeks. The first advertisement shall be published not more than
2645 days and the second advertisement not less than ten days
27prior to the date fixed for the opening of bids. Advertisements
28for contracts or purchases must also be posted in a conspicuous
29place within the borough. Advertisements for contracts and
30purchases must contain the date, time and location for opening

1of bids and must state the amount of the performance bond
2determined under subsection (c). The amount of the contract must
3in all cases, whether of straight sale price, conditional sale,
4lease, lease purchase or otherwise, be the entire amount which
5the borough pays to the successful bidder or the bidder's
6assigns in order to obtain the services or property, or both,
7and may not be construed to mean only the amount that is paid to
8acquire title or to receive another particular benefit of the
9whole bargain.

10(a.1) Price quotations.--Written or telephonic price
11quotations from at least three qualified and responsible
12contractors must be requested for contracts in excess of the 
13base amount of $10,000, subject to adjustment under subsection 
14(a.2), and less than the amount requiring advertisement and
15competitive bidding, or, in lieu of price quotations, a
16memorandum must be kept on file showing that fewer than three
17qualified contractors exist in the market area within which it
18is practicable to obtain quotations. A written record of
19telephonic price quotations must be made and must contain at
20least the date of the quotation, the name of the contractor and
21the contractor's representative, the construction,
22reconstruction, repair, maintenance or work that was the subject
23of the quotation and the price. Written price quotations,
24written records of telephonic price quotations and memoranda
25must be retained for a period of three years. Written price
26quotations as used throughout this section include electronic
27mail.

28(a.2) Adjustments to base amounts.--Adjustments to the base
29amounts specified under subsections (a) and (a.1) must be made
30as follows:

1(1) The Department of Labor and Industry shall determine
2the percentage change in the Consumer Price Index for All
3Urban Consumers: All Items (CPI-U) for the United States City
4Average as published by the United States Department of
5Labor, Bureau of Labor Statistics, for the 12-month period
6ending September 30, 2012, and for each successive 12-month
7period.

8(2) If the department determines that there is no
9positive percentage change, then no adjustment to the base
10amounts may occur for the relevant time period provided for
11in this subsection.

12(3) (i) If the department determines that there is a
13positive percentage change in the first year that the
14determination is made under paragraph (1), the positive
15percentage change must be multiplied by each base amount,
16and the products must be added to the base amounts,
17respectively, and the sums must be preliminary adjusted
18amounts.

19(ii) The preliminary adjusted amounts must be
20rounded to the nearest $100 to determine the final
21adjusted base amounts for purposes of subsections (a) and
22(a.1).

23(4) In each successive year in which there is a positive
24percentage change in the CPI-U for the United States City
25Average, the positive percentage change must be multiplied by
26the most recent preliminary adjusted amounts, and the
27products must be added to the preliminary adjusted amount of
28the prior year to calculate the preliminary adjusted amounts
29for the current year. The sums must be rounded to the nearest
30$100 to determine the new final adjusted base amounts for

1purposes of subsections (a) and (a.1).

2(5) The determinations and adjustments required under
3this subsection must be made in the period between October 1
4and November 15 of each year.

5(6) The final adjusted base amounts and new final
6adjusted base amounts obtained under paragraphs (3) and (4)
7become effective January 1 for the calendar year following
8the year in which the determination required under paragraph
9(1) is made.

10(7) The department shall publish notice in the
11Pennsylvania Bulletin prior to January 1 of each calendar
12year of the annual percentage change determined under
13paragraph (1) and the unadjusted or final adjusted base
14amounts determined under paragraphs (3) and (4) at which
15competitive bidding is required under subsection (a) and
16written or telephonic price quotations are required under
17subsection (a.1), respectively, for the calendar year
18beginning January 1 after publication of the notice. The
19notice must include a written and illustrative explanation of
20the calculations performed by the department in establishing
21the unadjusted or final adjusted base amounts under this
22subsection for the ensuing calendar year.

23(8) The annual increase in the preliminary adjusted base
24amounts obtained under paragraphs (3) and (4) may not exceed
253%.

26(b) Awarding contracts and authority of council.--

27(1) The award of contracts must be made by public
28announcement at the meeting at which bids are received, or at
29a subsequent meeting, the time and place of which shall be
30publicly announced when bids are received. If for any reason

1one or both of the meetings are not held, the same business
2may be transacted at a subsequent meeting if at least five
3days' notice shall be published in the newspaper of general
4circulation. At council's request, the bids advertised for
5must be accompanied by cash, money order, a certified or
6cashier's good faith check or other irrevocable letter of
7credit drawn upon a bank authorized to do business in this
8Commonwealth or by a bond with corporate surety in the amount
9as council determines, and, when requested, no bid may be
10considered unless so accompanied.

11(2) Notwithstanding paragraph (1), council may direct
12that a committee of council, a member of council or a member
13of the borough staff receive, open and review bids during
14normal business hours and forward the information to council
15for subsequent award at a public meeting. Bidders must be
16notified and other interested parties, upon request, must be
17notified of the date, time and location of the opening of
18bids and may be present when the bids are opened.

19(c) Security.--The successful bidder when advertising is
20required may, at the discretion of council, be required to
21furnish a bond or irrevocable letter of credit or other security
22with suitable reasonable requirements guaranteeing the work to
23be done with sufficient surety in an amount as determined by
24council that must be not less than 10% nor more than 100% of the
25amount of the liability under the contract within 20 days after
26the contract has been awarded, unless council shall prescribe a
27shorter period of not less than ten days, and, upon failure to
28furnish the security within the time, the previous award is
29void. Deliveries, accomplishment and guarantees may be required
30in all cases of expenditures.

1(d) Contracts or purchases.--The contracts or purchases made
2by council, which shall not require advertising, bidding or
3price quotations as provided in this part, are as follows:

4(1) Those for maintenance, repairs or replacements for
5water, electricity or public works of the borough, if they do
6not constitute new additions, extensions or enlargements of
7existing facilities and equipment, but security may be
8required by council, as in other cases of work done.

9(2) Those made for improvements, repairs and maintenance
10of any kind, made or provided by a borough, through its own
11employees, if the materials used for street improvement,
12maintenance or construction in excess of the amount specified
13or adjusted under subsection (a.1) are subject to the
14relevant price quotation or advertising requirements
15contained in this section.

16(3) Those under which particular types, models or pieces
17of new equipment, articles, apparatus, appliances, computer
18software, vehicles or parts of vehicles are desired by
19council, which are patented and manufactured or copyrighted
20products.

21(3.1) Those for used equipment, articles, apparatus,
22appliances, vehicles or parts of vehicles being purchased
23from a public utility, municipal corporation, county, school
24district, municipal authority, council of government or
25Federal or State Government.

26(4) (i) Those involving a policy of insurance or a
27surety company bond.

28(ii) Those made for utility service for borough
29purposes, including, but not limited to, those made for
30natural gas or telecommunications services.

1(iii) Those made for electricity with the entities
2set forth in paragraph (6)(i), (ii), (iii), (iv), (v),
3(vi) and (vii)(A).

4(iv) Those made with another political subdivision,
5or a county, or council of government, consortium,
6cooperative or other similar entity created under 53
7Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
8cooperation) or the Commonwealth, the Federal Government,
9an agency of the Commonwealth or the Federal Government,
10or a municipal authority, including the sale, lease or
11loan of any supplies or materials by the Commonwealth or
12the Federal Government or their agencies. The price may
13not be in excess of that fixed by the Commonwealth, the
14Federal Government or their agencies.

15(5) Those involving personal or professional services.

16(6) Those made relating to the purchase of electricity
17and associated energy and related services by a borough
18owning or operating electric generation or distribution
19facilities on January 1, 1966, with any of the following:

20(i) A political subdivision.

21(ii) Another state.

22(iii) The Commonwealth or a Commonwealth agency.

23(iv) The Federal Government.

24(v) A private corporation.

25(vi) An electric cooperative corporation under 15
26Pa.C.S. Ch. 73 (relating to electric cooperative
27corporations).

28(vii) A nonprofit membership corporation. As used in
29this subparagraph, the term "nonprofit membership
30corporation" means an entity, the membership of which:

1(A) consists solely of Commonwealth boroughs,
2such as a consortium, buying group or municipal power
3agency under section 24A04 (relating to municipal 
4power agencies); or

5(B) consists of Commonwealth boroughs and
6political subdivisions of another state.

7(viii) An electric cooperative of another state.

8Nothing in this paragraph prohibits council from engaging in
9advertising, bidding or price quotations if the council
10determines that the advertising, bidding or price quotations
11are in the public interest.

12(e) Council shall award contracts subject to the
13requirements of and may exercise any powers granted by the
14following acts to the extent applicable:

15(1) The act of August 15, 1961 (P.L.987, No.442), known
16as the Pennsylvania Prevailing Wage Act.

17(2) The act of December 20, 1967 (P.L.869, No.385),
18known as the Public Works Contractors' Bond Law of 1967.

19(3) The act of January 17, 1968 (P.L.11, No.5), known as
20The Minimum Wage Act of 1968.

21(4) The act of January 23, 1974 (P.L.9, No.4), referred
22to as the Public Contract Bid Withdrawal Law.

23(5) The act of March 3, 1978 (P.L.6, No.3), known as the
24Steel Products Procurement Act.

25(6) The act of February 17, 1994 (P.L.73, No.7), known
26as the Contractor and Subcontractor Payment Act.

27(7) 62 Pa.C.S. Pt. II (relating to general procurement
28provisions).

29(f) Prohibition.--No person, consultant, firm or corporation
30contracting with the borough for purposes of rendering personal

1or professional services to the borough may share with a borough
2officer or employee, and no borough officer or employee may
3accept, a portion of the compensation or fees paid by the
4borough for the contracted services provided to the borough
5except under the following terms or conditions:

6(1) Full disclosure of the relevant information
7regarding the sharing of the compensation or fees must be
8made to the council of the borough.

9(2) The council of the borough must approve the sharing
10of a fee or compensation for personal or professional
11services prior to the performance of the services.

12(3) No fee or compensation for personal or professional
13services may be shared except for work actually performed.

14(4) No shared fee or compensation for personal or
15professional services may be paid at a rate in excess of that
16commensurate for similar personal or professional services.

17§ 1403. Evasion of advertising requirements.

18(a) Prohibition.--

19(1) No member of council may evade section 1402
20(relating to regulation of contracts) as to advertising for
21bids by purchasing or contracting for services and personal
22properties piecemeal for the purpose of obtaining prices
23under the amount specified or adjusted under section 1402(a)
24upon transactions, which transactions should, in the exercise
25of reasonable discretion and prudence, be conducted as one
26transaction amounting to more than the amount specified or
27adjusted under section 1402(a).

28(2) This subsection is intended to make unlawful the
29evading of advertising requirements by making a series of
30purchases or contracts, each for less than the advertising

1requirement price, or by making several simultaneous
2purchases or contracts, each below the price, when, in either
3case, the transactions involved should have been made as one
4transaction for one price.

5(3) Any members of council who vote in violation of this
6subsection and know that the transaction upon which they vote
7is or should be a part of a larger transaction and is being
8divided in order to evade the requirements as to advertising
9for bids shall be jointly and severally subject to surcharge
10for 10% of the full amount of the contract or purchase.

11(4) If it appears that a member of council may have
12voted in violation of this section, but the purchase or
13contract on which the member of council voted was not
14approved by council, this section shall not apply.

15(b) Penalty.--Any council member who votes to unlawfully
16evade the provisions of section 1402 and knows that the
17transaction upon which the member voted is or should be a part
18of a larger transaction and is being divided in order to evade
19the requirements as to advertising for bids commits a
20misdemeanor of the third degree for each contract entered into
21as a direct result of that vote. The penalty under this
22subsection shall be in addition to a surcharge that may be
23assessed under subsection (a).

24§ 1404. Personal interest in contracts or purchases.

25Elected and appointed borough officials and borough employees
26are restricted from an interest in borough contracts and
27purchases to the extent provided in 65 Pa.C.S. Ch. 11 (relating 
28to ethics standards and financial disclosure).

29§ 1404.1. Purchase contracts for petroleum products and fire
30company, etc., participation.

1The council of each borough shall have power to permit,
2subject to terms and conditions as it may and, as specifically
3provided, shall, prescribe, a paid or volunteer fire company,
4paid or volunteer rescue company and paid or volunteer ambulance
5company in the borough to participate in purchase contracts for
6petroleum products entered into by the borough. A company
7desiring to participate in purchase contracts shall file with
8the borough secretary a request to authorize it to participate
9in contracts for the purchase of petroleum products of the
10borough and agreeing that it will be bound by the terms and
11conditions as the borough may and, as specifically provided,
12shall, prescribe and that it will be responsible for payment
13directly to the vendor under each purchase contract. Among the
14terms and conditions, the borough shall prescribe that the
15prices must be F.O.B. destination.

16§ 1405. Separate bids for plumbing, heating, ventilating and
17electrical work.

18If, in the preparation for the erection, construction and
19alteration of a public building, the entire cost of the work
20exceeds the amount specified or adjusted under section 1402(a)
21(relating to regulation of contracts), the architect, engineer
22or other person preparing the specifications may, if requested
23by the council, prepare separate specifications for the
24plumbing, heating, ventilating and electrical work. The person
25authorized to enter into contracts for the erection,
26construction or alteration of the public buildings may, if the
27separate specifications have been proposed, receive separate
28bids upon each of the branches of work and shall award the
29contract to the lowest responsible bidder for each of the
30branches.

1§ 1406. Bonds for the protection of labor and materials.

2Before a contract exceeding $10,000 is awarded to a prime
3contractor or construction manager for the construction,
4erection, installation, completion, alteration, repair of or
5addition to a public work or improvement of any kind, the
6contractor shall furnish to the borough a payment bond for the
7protection of claimants supplying labor or materials to the
8prime contractor to whom the contract is awarded, at 100% of the
9contract amount, conditioned for the prompt payment of the
10materials furnished or labor supplied or performed in the
11prosecution of the contract under the act of December 20, 1967
12(P.L.869, No.385), known as the Public Works Contractors' Bond
13Law of 1967. The bond requirement is in addition to any other
14bond requirement required by law to be given in connection with
15the contract.

16§ 1407. (Reserved).

17§ 1408. (Reserved).

18§ 1409. (Reserved).

19§ 1410. Acceptance by contractor of Workers' Compensation Act.

20(a) Contract provision.--A contract executed by a borough or
21an officer of a borough, which involves the construction or
22doing of work involving the employment of labor, must contain a
23provision that the contractor shall accept, insofar as the work
24covered by the contract is concerned, the provisions of the act
25of June 2, 1915 (P.L.736, No.338), known as the Workers'
26Compensation Act, and the supplements and amendments to the
27Workers' Compensation Act, and that the contractor will insure
28his liability under the act and will file with the borough with
29which the contract is made a certificate of insurance providing
30evidence of the coverage or file with the borough with which the

1contract is made a certificate of exemption from insurance from
2the Bureau of Workers' Compensation of the Department of Labor
3and Industry. The certificate of exemption from insurance may be
4issued on the basis of either individual self-insurance or group
5self-insurance. Additionally, a contractor shall file with the
6borough with which the contract is made any applications to be
7excepted by the provisions of the Workers' Compensation Act in
8respect to certain employees on religious grounds if the
9applications have been accepted by the Department of Labor and
10Industry.

11(b) Violation.--A contract executed in violation of
12subsection (a) is null and void.

13§ 1411. (Reserved).

14CHAPTER 15

15EMINENT DOMAIN, ASSESSMENT OF DAMAGES AND

16DAMAGES FOR INJURY TO PROPERTY

17Subchapter

18A. General Provisions Relating to Eminent Domain

19B. Procedure for Assessment of Benefits by Viewers
20(Reserved)

21C. Damages for Injury to Property

22SUBCHAPTER A

23GENERAL PROVISIONS RELATING

24TO EMINENT DOMAIN

25Sec.

261501. Exercise of eminent domain.

271502. Restrictions as to certain property.

281502.1. Declaration of intention.

291503. Application of 26 Pa.C.S.

30§ 1501. Exercise of eminent domain.

1A borough may enter upon, appropriate, injure or destroy
2private lands, property or material, or lands previously granted
3or dedicated to public use that are no longer used for the
4purpose for which the lands were granted, according to the
5proceedings set forth in 26 Pa.C.S. (relating to eminent
6domain), for any of the following purposes:

7(1) The laying out, opening, widening, extending,
8vacating, grading or changing the grades or lines of streets.

9(2) The construction of bridges and the piers and
10abutments for bridges.

11(3) The construction of slopes, embankments and sewers.

12(4) The erection and extension of water systems, wharves
13and docks, public buildings, public auditoriums, memorials,
14monuments, public works, filtration plants, sewerage systems,
15sewage treatment works, refuse disposal or incineration
16plants, sanitary landfills, gas plants, electric plants and
17libraries.

18(5) The establishing of parks, playgrounds and
19recreation places, the changing of watercourses.

20(6) For all other purposes authorized by this part.

21§ 1502. Restrictions as to certain property.

22(a) Historically significant property.--In addition to a
23restriction made by another provision of this part in a
24particular case, no borough may exercise the right of eminent
25domain against:

26(1) land now occupied by a building that was used during
27the Colonial or Revolutionary period as a place of assembly
28by the Council of the Colony of Pennsylvania, the Supreme
29Executive Council of the Commonwealth of Pennsylvania or the
30Congress of the United States;

1(2) the land occupied by a fort, redoubt or blockhouse
2erected during the Colonial or Revolutionary period or a
3building used as headquarters by the Commander-in-Chief of
4the Continental Army; or

5(3) the site of a building, fort, redoubt, blockhouse,
6or headquarters that is preserved for its historic
7associations and not for private profit.

8(a.1) Colonial or Revolutionary period.--For the purposes of
9subsection (a), the Colonial and Revolutionary period terminates
10on September 3, 1783.

11(b) Prohibition.--No land or property used for a cemetery,
12burying ground or place of public worship may be taken or
13appropriated by virtue of a power contained in this chapter.

14§ 1502.1. Declaration of intention.

15A borough shall declare its intention to acquire, enter upon,
16take, use and appropriate any private property or land for any
17of the purposes authorized by this chapter through a duly
18enacted ordinance.

19§ 1503. Application of 26 Pa.C.S.

20Eminent domain proceedings must conform to the provisions of
2126 Pa.C.S. (relating to eminent domain), including, but not
22limited to, payment of damages and costs.

23SUBCHAPTER B

24PROCEDURE FOR ASSESSMENT OF BENEFITS BY VIEWERS

25(Reserved)

26SUBCHAPTER C

27DAMAGES FOR INJURY TO PROPERTY

28Sec.

291561. Right to damages given in certain cases.

301562. (Reserved).

11563. (Reserved).

21564. (Reserved).

31565. (Reserved).

4§ 1561. Right to damages given in certain cases.

5The right to damages against a borough is given to an owner
6or tenant of land, property or material, abutting on, or through
7which pass, streets, injured by the vacating of the streets, or
8the vacation of bridges and piers, abutments and approaches.

9§ 1562. (Reserved).

10§ 1563. (Reserved).

11§ 1564. (Reserved).

12§ 1565. (Reserved).

13CHAPTER 16

14LAND SUBDIVISION

15(Reserved)

16CHAPTER 17

17STREETS

18Subchapter

19A. General Provisions

20B. Plan of Streets

21C. Laying out Streets

22D. Opening, Acceptance and Vacation of Streets

23E. Vacating Streets (Reserved)

24F. Straightening and Relocating Streets

25G. Improvement of Borough Streets

26H. Improvement of Streets Outside or Partly Outside Borough
27Limits

28I. Acquisition or Use of Abutting Lands

29SUBCHAPTER A

30GENERAL PROVISIONS

1Sec.

21701. Definitions.

31702. (Reserved).

41703. (Reserved).

51704. Streets connecting with street of other municipality.

61705. Entry on land to maintain marks and monuments.

71706. Exclusive nature of provisions.

81707. Failure of council to hold hearing.

91708. Street lighting, ornamental lighting and traffic control
10signals and devices.

11§ 1701. Definitions.

12The following words and phrases when used in this chapter
13shall have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Improving a street." The term includes work upon a street
16or portion thereof done or proposed to be done in order to open
17the street, if the street has not previously been opened or, if
18previously opened, to make the street more usable or more
19suitable for use by the traveling public or safer for the use.
20The term includes, but is not limited to, grading, paving,
21curbing and macadamizing.

22"Laying out." The term includes the plotting of:

23(1) An unopened street or portion of the street on a
24borough plan or official map adopted in accordance with the
25Pennsylvania Municipalities Planning Code on a subdivision or
26land development plan or by the enactment of an ordinance
27adopted in accordance with this chapter.

28(2) An unopened street in a case where any of the lines
29of the street are proposed to be revised or in a case where
30the street was never previously laid out although the street

1may have been opened and used.

2"Opened streets." The term includes the streets within the
3borough used as public passageways.

4"Opening a street." The term includes the construction and
5grading of a street or portion thereof and the act of physically
6taking possession of an area or laid-out street for the purpose
7of making the same usable to the traveling public.

8"Person." The term includes a natural person, association,
9firm, corporation or political subdivision.

10"Personal notice." The term includes notice upon the owner
11of a premises either by personal service upon the owner or by
12certified mail to the owner at the owner's last known address.
13Where service has not been successfully made by either of the
14two methods first mentioned, it may be made by leaving the
15notice at or upon the premises.

16"Portion." The term includes a portion either of the width
17or length of a street. Opening a portion of a street may mean
18extending or widening a street and vacating a portion of a
19street may mean closing or narrowing a street.

20"Street." The term includes a street, road, lane, court,
21cul-de-sac, alley, public way and public square, either for or
22intended for public use, and includes the cartway, sidewalk,
23gutter and the right-of-way area, whether or not the street or a
24part of the street is owned in fee by others than the borough.
25Streets are of two classes, opened and unopened.

26"Unopened streets." The term includes the streets within the
27borough neither used as a public passageway, nor accepted or
28maintained, but plotted in one of the following:

29(1) a borough plan or official map adopted in accordance
30with the Pennsylvania Municipalities Planning Code;

1(2) an ordinance laying out the street in accordance
2with this chapter;

3(3) a subdivision or land development plan; or

4(4) an individual deed.

5§ 1702. (Reserved).

6§ 1703. (Reserved).

7§ 1704. Streets connecting with street of other municipality.

8No action may be taken under this chapter that would result
9in the change of location or grade or the vacation of a street
10or portion thereof that connects with a street of another
11municipality, without approval of the court of common pleas of
12the county in which the municipality is located, unless the
13municipality first files with the borough secretary its approval
14of the proposed action.

15§ 1705. Entry on land to maintain marks and monuments.

16The council, its agents and employees, may enter upon any
17land or property and maintain marks and monuments, so far as the
18council may deem necessary, in carrying out its powers and
19duties under this chapter.

20§ 1706. Exclusive nature of provisions.

21No street may be dedicated, accepted, acquired, laid out,
22opened or vacated by a borough except under this chapter.

23§ 1707. Failure of council to hold hearing.

24If, after the filing of a petition under this chapter,
25council fails to hold a required hearing, an aggrieved party may
26file a mandamus action in the court of common pleas requesting
27that a hearing be held.

28§ 1708. Street lighting, ornamental lighting and traffic
29control signals and devices.

30Council may provide street lights and ornamental lighting and

1make regulations for the protection of lighting. Council may
2assess the costs for the erection of lighting in accordance with
3Chapter 21A (relating to assessments and charges for public 
4improvements). Council may provide for the erection, maintenance
5and operation of traffic control signals and devices in
6accordance with 75 Pa.C.S. (relating to vehicles).

7SUBCHAPTER B

8PLAN OF STREETS

9Sec.

101711. (Reserved).

111712. Borough street plan.

12§ 1711. (Reserved).

13§ 1712. Borough street plan.

14(a) Adoption of plan.--A borough that has not maintained an
15accurate plan of borough streets adopted in accordance with this 
16part prior to July 16, 2012, may only adopt a plan of streets
17under the Pennsylvania Municipalities Planning Code, governing
18the adoption of an official map.

19(b) Amendments to plan.--If a borough maintains a plan of
20streets adopted prior to July 16, 2012, or maintains an official
21map containing opened and unopened streets, a street laid out in
22accordance with this part by ordinance or by final approval of a
23subdivision or land development plan must be deemed an amendment
24to the plan. Notwithstanding any other provision of law, a
25deemed amendment as provided in this section and a subsequent
26placement of the street on a plan may not be subject to public
27notice or public hearing, if the street has been laid out in
28accordance with the requirements of this chapter.

29(c) Prohibition.--The maintenance of a plan of streets or
30official map shall not be required in order for a borough to lay

1out streets in accordance with section 1721.2(b) (relating to 
2laying out streets and procedure) or lay out and open a street
3in accordance with section 1724 (relating to effect of laying 
4out street).

5SUBCHAPTER C

6LAYING OUT STREETS

7Sec.

81721. (Reserved).

91721.1. Power to lay out, open, etc.

101721.2. Laying out streets and procedure.

111722. (Reserved).

121723. (Reserved).

131724. Effect of laying out street.

14§ 1721. (Reserved).

15§ 1721.1. Power to lay out, open, etc.

16(a) Authority of borough.--In accordance with the provisions
17of this chapter, boroughs may, with or without petition of
18abutting property owners, lay out, open, widen, straighten,
19alter, extend and improve, and may establish or reestablish the
20grades of, and keep in order and repair and in safe passable
21condition, a street or portion of a street within the borough
22limits or may vacate the street or portion of a street if deemed
23expedient for the public good and provide for the costs of
24alteration.

25(b) Laying out or opening streets.--Boroughs may lay out or
26open:

27(1) a street or portion of a street as it appears upon a
28borough plan or an official map adopted in accordance with
29the Pennsylvania Municipalities Planning Code or is described
30in an ordinance adopted in accordance with this chapter;

1(2) a street or portion of a street that the borough
2determines to acquire by eminent domain;

3(3) a street to which the public has acquired rights by
4constant use over a period exceeding 21 years; or

5(4) a street or portion of a street, laid out or
6constructed by a person that the borough sees fit to open or
7accept as provided in this chapter.

8§ 1721.2. Laying out streets and procedure.

9(a) Streets deemed to be laid out.--A street identified in a
10plan of streets, an official map adopted in accordance with the
11Pennsylvania Municipalities Planning Code or a recorded
12subdivision or land development plan is deemed to be laid out
13for purposes of this part.

14(b) Future street opening.--A borough has the authority, by
15ordinance, to lay out an area for future opening as a public
16street. The proposed ordinance laying out the street must be
17advertised in a newspaper of general circulation once a week for
18two successive weeks. On or before the publication of the first
19advertisement, personal notice must be provided to the owners of
20a property abutting the proposed street or through which the
21proposed street is to be laid out, and, if the proposed street
22will lead into an adjacent municipality, a copy of the proposed
23ordinance must be sent to the adjacent municipality. The
24proposed ordinance must have appended to the ordinance or
25referenced a map sufficient to apprise the public of the
26proposed location, profile and dimensions of the street and must
27list the names of the owners of a property through which the
28proposed street has been laid out.

29(c) Hearing, notice and enactment.--Within ten days after
30the second publication of the notice required under subsection

1(b), an interested party may petition council for a hearing,
2which council shall hold within 60 days after the date of the
3petition. Council shall give at least 15 days' notice of the
4hearing in a newspaper of general circulation and by personal
5notice to persons entitled to the notice under subsection (b).
6Council may enact the ordinance no later than 30 days following
7the date of the hearing or, where no timely petition has been
8filed, within 30 days of the second publication of the notice
9required by subsection (b). The enactment of the ordinance
10constitutes public notice of the borough's intent to recognize
11the street within the system of borough streets and the
12borough's rights in the street. Within 30 days of the enactment
13of the ordinance, a party aggrieved by council's action may
14appeal to the court of common pleas.

15(d) Filing of ordinance.--If, at the time of the enactment
16of an ordinance in accordance with subsection (c), the lines of
17the laid out street include property not subject to use as a
18public passageway, the ordinance must be filed with the recorder
19of deeds of the county where the borough is located. The
20recorder of deeds shall index the ordinance by name of borough,
21name of the property owner and, if applicable, parcel number of
22the property through which the proposed street is laid out.

23(e) Landowners.--If a street has been laid out by ordinance
24as provided in this section, the owner or subsequent owner has
25no right to damages for buildings or improvements placed on
26streets after the date of enactment, and the buildings or
27improvements must be removed at the expense of the landowner
28after the opening of the street in accordance with this part.

29(f) Laying out without opening.--The laying out of a street,
30without opening the street, creates no right to public use of

1the street and does not constitute the taking or acceptance of a
2property or obligate the borough to improve or maintain the
3street or the property on which the street has been laid out.

4(g) Previously laid out streets.--Nothing in this section
5may affect the validity or legal effect of a street laid out in
6accordance with law prior to July 16, 2012.

7§ 1722. (Reserved).

8§ 1723. (Reserved).

9§ 1724. Effect of laying out street.

10(a) Street unopened after ten years.--At any time after a
11street or portion of the street has remained laid out but not
12opened for a period of ten years or longer, an owner of 50% of
13the front feet of the land over which the street or portion of
14the street was laid out may petition the council to cancel the
15laying out of the street. Following at least 15 days' notice in
16a newspaper of general circulation and at least 15 days'
17personal notice to the owners of the real estate abutting upon
18the land over which the street or portion of the street was laid
19out, council shall hold a public hearing on the matter. Council
20may, on motion, deny the petition or, by ordinance, grant the
21petition and cancel the laying out of the street. A person
22aggrieved by the decision of the council, either granting or
23denying the petition, may appeal it. The ordinance providing for
24the cancellation of the laying out of a street must be filed
25with the recorder of deeds in accordance with section 1721.2(d)
26(relating to laying out streets and procedure).

27(b) Street unopened after 21 years.--If a street has been
28laid out and has not been opened to or used by the public for a
29period of 21 years, the street may not thereafter be opened
30without the consent of at least 51% percent of the number of

1owners of the abutting real estate and without the consent of
2the owners of at least 51% of the property abutting the street,
3based on a front foot basis.

4SUBCHAPTER D

5OPENING, ACCEPTANCE AND

6VACATION OF STREETS

7Sec.

81731. Authority to open and vacate streets and procedure.

91732. Petition for opening or vacating street and action
10thereon.

111733. Action for damages and benefits and award.

121734. Acceptance and dedication of streets.

131735. Streets not to be constructed, dedicated or opened to
14travel without the approval of council.

151736. (Reserved).

161737. (Reserved).

17§ 1731. Authority to open and vacate streets and procedure.

18(a) Authority of council authority.--By ordinance, council
19has the authority to:

20(1) Open a street or portion of a street previously laid
21out or simultaneously to lay out and open a street or portion
22thereof. A street or portion of a street so opened is a
23public street of the borough.

24(2) Vacate or close a street or portion of a street
25previously opened or laid out provided that no street or
26portion of a street providing the sole means of access to a
27tract of land is vacated without the consent of those to whom
28access would be denied. Vacation of a street terminates the
29public right in or to the street but does not affect a
30private right acquired by an owner of abutting property.

1(b) Notice.--The proposed ordinance opening or vacating a
2street or portion of a street must be advertised in a newspaper
3of general circulation once a week for two successive weeks. On
4or before the publication of the first advertisement, personal
5notice must be provided to the owners of a property abutting the
6street proposed to be opened or vacated. The proposed ordinance
7must have appended to it or reference a map or survey sufficient
8to apprise the public of the proposed location, profile and
9dimensions of the street and must list the names of the owners
10of a property abutting the street.

11(c) Hearing.--Within ten days after the second publication
12of the notice required under subsection (b), an interested party
13may petition council for a hearing, which council shall hold
14within 60 days after the date of the petition. Council shall
15give at least 15 days' notice of the hearing in a newspaper of
16general circulation and by personal notice to persons entitled
17to notice under subsection (b). Council may enact the ordinance
18no later than 30 days following the date of the hearing or,
19where no timely petition has been filed, within 30 days of the
20second publication of the notice required under subsection (b).
21Within 30 days of the enactment of the ordinance, any party
22aggrieved by council's action may appeal to the court of common
23pleas.

24§ 1732. Petition for opening or vacating street and action
25thereon.

26(a) Petitioning council.--Any person or persons constituting
27a majority in number and interest of the owner of the real
28estate abutting upon an area not opened as a street or abutting
29upon an existing street or portion of a street may petition the
30council to:

1(1) Open or lay out and open the area as a street or
2portion of a street.

3(2) Vacate a street or portion of a street.

4(b) Hearing and decision.--Council shall hold a hearing
5after receiving a petition filed with council in accordance with
6subsection (a), following at least 15 days' personal notice to
7the owners of abutting real estate not joining in the petition
8and following at least 15 days' notice thereof in a newspaper of
9general circulation. Following the hearing, council shall either
10by motion deny the petition or by ordinance open, lay out and
11open or vacate the street or portion of the street. The
12provisions of section 1731 (relating to authority to open and 
13vacate streets and procedure) applicable to ordinances enacted
14by authority of that section apply to ordinances enacted by
15authority of this section.

16(c) Release.--A petition for the vacation of a street or
17portion of a street may release the borough from the damages
18sustained as a result of the vacation if the petition is signed
19by the owners of the property abutting upon the street or
20portion of the street. Where the release has been included in
21the petition, no proceedings for award of damages may be had,
22and no damages as a result of the vacation may, under any
23conditions, be awarded to an abutting property owner.

24§ 1733. Action for damages and benefits and award.

25(a) Authority of borough.--Upon the effective date of an
26ordinance enacted to open a street or portion of a street by
27authority of section 1731 (relating to authority to open and 
28vacate streets and procedure) or 1732 (relating to petition for 
29opening or vacating street and action thereon), the borough has
30authority to enter upon and take possession of the street or

1portion of the street opened by the ordinance, if no structures
2are upon the street. If a structure has been located upon the
3street or portion of the street so opened, prior to the laying
4out of the street or prior to the simultaneous laying out and
5opening of the street, the street may not be opened until the
6owner of the structure has been given 60 days' personal notice
7to vacate the structure. Council may not be required to file any
8bond or security for the exercise of the right granted by this
9section.

10(b) Limitation.--The parties whose ground is taken in the
11opening of a street or portion of the street have three years
12from and after the effective date of the ordinance opening the
13street or portion of the street in which to bring an action for
14damages resulting from the opening of the street or portion of
15the street. In case of the assessment of damages for the opening
16of a street or portion of the street, the award of damages, if
17any, includes:

18(1) the damages resulting from the grade at which the
19street or portion of the street is to be opened; and

20(2) the plan attached to the report of the viewers
21awarding the damages must include a profile plan showing the
22existing grade as well as the grade to which the street or
23portion of the street is to be opened.

24Costs and expenses that cannot be assessed upon property
25benefited must be paid by the borough.

26(c) No agreement on damages.--If the parties cannot agree
27upon damages sustained by reason of the opening or vacation of
28any street or portion of a street, the damages shall be assessed
29by a jury of view under the law governing eminent domain.

30§ 1734. Acceptance and dedication of streets.

1(a) Accept an opened street.--A borough may, by ordinance,
2accept an opened street not previously dedicated to or laid out
3by the borough by following the procedure set forth in section
41731 (relating to authority to open and vacate streets and 
5procedure) or 1732 (relating to petition for opening or vacating 
6street and action thereon), and the effect of the acceptance
7shall be the same as of opening the street. No street may be
8accepted unless the street connects with at least one other
9previously opened street or State highway.

10(b) Prohibition.--No borough may acquire a right in or
11responsibility for a street privately constructed until
12dedication of the street has been presented to and accepted by
13the borough and until the dedication has been recorded in the
14county office for the recording of deeds.

15§ 1735. Streets not to be constructed, dedicated or opened to
16travel without the approval of council.

17(a) Requirements.--No person may construct, dedicate or open
18to travel a street or a drainage facility in connection with the
19street for public use or travel or for the common use of
20occupants of buildings abutting thereon in a borough without
21first submitting suitable plans to the council and obtaining its
22approval. The plans must:

23(1) be prepared in accordance with rules and regulations
24as may be prescribed by the council; and

25(2) show the profiles of the street, the course,
26structure and capacity of a drainage facility, and the method
27of drainage of the adjacent or contiguous territory, and any
28other or further details that may be required under the rules
29or regulations adopted by the council.

30(b) Pennsylvania Municipalities Planning Code.--The

1Pennsylvania Municipalities Planning Code shall apply to the
2construction, security requirements and dedication of streets
3and connected drainage facilities if the streets proposed to be
4constructed are part of a plan required by an ordinance adopted
5under the Pennsylvania Municipalities Planning Code.

6(c) Authority and duties of council.--

7(1) Before acting upon plans not subject to review under
8subsection (b), council may, at its discretion, arrange for a
9public hearing after giving the notice as it may deem
10desirable in each case. Council may alter the plans and
11specify changes or modifications of any kind and may make its
12approval of the plans subject to alterations, changes or
13modifications. Plans, when so approved, must be:

14(i) signed on behalf of the borough by the officer
15as the council may designate; and

16(ii) must be filed where the plans are available for
17public inspection among the records of the borough at
18reasonable times.

19(2) No approval of plans by council may obligate or
20require the borough to construct, reconstruct, maintain,
21repair or grade a street or drainage facilities associated
22therewith.

23(d) No plan approved.--If the council refuses to approve any
24plans submitted to it, a person aggrieved by the action of
25council may, within 30 days after the action, appeal from the
26action by petition to the court of common pleas of the county,
27and the court shall hear the matter de novo. After hearing, the
28court may enter a decree affirming, reversing or modifying the
29action of the council as may appear just. The court shall
30designate the manner in which notice of the hearing of an appeal

1shall be given to all parties interested. The decision of the
2court shall be final. A plan approved by the action of council
3or by the court on appeal must be recorded by the person
4applying for approval in the office of the recorder of deeds in
5the county.

6(e) Restriction.--If a street or a drainage facility in
7connection with the street is opened, constructed or dedicated
8for public use or travel, except in strict accordance with a
9plan approved by the council or the court on appeal as provided
10in this chapter, neither the council nor any other public
11authority may place, construct or operate a sewer, drain, water
12pipe or other facility or do any work in or upon the street.
13Neither council nor any other public authority has a
14responsibility with respect to the street or drainage facility,
15notwithstanding the use of the street or drainage facility by
16the public. Nothing in this chapter prevents the laying of a
17trunk sewer, drain or water or gas main, if required by
18engineering necessity for the accommodation of other territory.

19(f) Failure to comply with chapter.--A person who
20constructs, opens or dedicates a street or drainage facility in
21connection with a street, for public use or travel in a borough,
22without having first complied with this chapter is guilty of a
23misdemeanor of the third degree and is subject to a suit for the
24costs and damages incurred by the borough or property owners in
25the course of correcting the substantive violations of State law
26or borough ordinance resulting from or arising out of the
27unlawfully constructed street or facility. Nothing under this
28section may be construed to apply to the Department of
29Transportation.

30§ 1736. (Reserved).

1§ 1737. (Reserved).

2SUBCHAPTER E

3VACATING STREETS

4(Reserved)

5SUBCHAPTER F

6STRAIGHTENING AND RELOCATING STREETS

7Sec.

81751. Authority to straighten and relocate streets and
9procedure.

10§ 1751. Authority to straighten and relocate streets and
11procedure.

12Council may, by ordinance, provide for straightening or
13relocating any street previously opened which involves the
14opening of a portion of the straightened or relocated street
15over land not previously a portion of the street or the vacation
16of a portion of the previously opened street no longer to be
17used for street purposes. The straightening or relocation shall
18be considered as an opening or vacation and shall be effected in
19the same manner and by the same procedure as provided in section
201731 (relating to authority to open and vacate streets and
21procedure) but may be considered as a single proceeding to be
22effected by enactment of a single ordinance.

23SUBCHAPTER G

24IMPROVEMENT OF BOROUGH STREETS

25Sec.

261761. Proceedings with or without petition.

271762. (Reserved).

281763. (Reserved).

29§ 1761. Proceedings with or without petition.

30Boroughs may improve streets, parts of streets or a

1particular width or additional widths of streets, with or
2without the assistance or contribution of the Federal
3Government, the Commonwealth, the county or a corporation
4occupying the thoroughfare, and may assess and collect the whole
5cost of improvement, the whole cost not aided or contributed or
6any part of the cost from the owners of real estate abutting on
7the improvement in accordance with Chapter 21A (relating to 
8assessments and charges for public improvements).

9§ 1762. (Reserved).

10§ 1763. (Reserved).

11SUBCHAPTER H

12IMPROVEMENT OF STREETS OUTSIDE OR PARTLY

13OUTSIDE BOROUGH LIMITS

14Sec.

151771. Improvement of streets outside or partly outside borough
16limits.

171772. (Reserved).

181773. (Reserved).

191774. (Reserved).

201775. (Reserved).

21§ 1771. Improvement of streets outside or partly outside
22borough limits.

23(a) General rule.--

24(1) Any borough may enter into a written agreement with
25an adjoining municipality for improving streets, including
26streets that are boundaries between the borough and the
27municipality and may provide in the contract for the division
28of the damages, costs and expenses of the improvement.

29(2) The borough may assess its share of the costs 
30against the owner of property abutting upon the borough's
 

1side of the improvement in the manner provided in Chapter 21A 
2(relating to assessments and charges for public improvements) 
3or may agree to pay any part of the costs, damages and 
4expenses of the improvements out of the general funds.

5(3) The portion of the damages, costs and expenses
6agreed to be paid by the borough shall be ascertained as
7provided in the law governing eminent domain.

8(b) Street dividing borough and township.--

9(1) If the center line of any street constitutes the
10dividing line between a borough and a township located in the
11same county, any agreement to improve and maintain the street
12shall be made with the governing bodies of the township and,
13if necessary, the county.

14(2) The improvement shall be constructed and subsequent
15repairs shall be made under the supervision of the borough
16and in compliance with plans to be agreed upon, in writing,
17by the parties.

18(3) One-half of the cost of the repairs shall be borne
19by the borough. The borough may assess its share of costs
20against the owners of real property abutting on the borough's
21side of the improvement in the manner provided in Chapter
2221A.

23(c) Street dividing borough and any other municipality.--

24(1) If any street, more than one-half the width or the
25entire width of which is within the limits of any borough,
26divides the borough from any other municipality, the street
27may be improved by the borough.

28(2) The property abutting on the side of the street
29which is located outside the limits of the borough making the
30improvements may, for a depth of 150 feet, plus one-half the

1width of the street, from its center line, be assessed for
2any and all municipal improvements to or on the street in
3accordance with Chapter 21A.

4(d) Street outside limits of borough.--A borough may
5appropriate and expend money for the improvement of a street,
6not to exceed one mile in length, outside the limits of the
7borough for the purpose of connecting improved streets in the
8borough with State highways, interstate highways and county
9roads.

10§ 1772. (Reserved).

11§ 1773. (Reserved).

12§ 1774. (Reserved).

13§ 1775. (Reserved).

14SUBCHAPTER I

15ACQUISITION OR USE OF ABUTTING LANDS

16Sec.

171781. (Reserved).

181782. Acquisition of property for unobstructed view.

19§ 1781. (Reserved).

20§ 1782. Acquisition of property for unobstructed view.

21(a) General rule.--Any borough may, singly or jointly with
22another municipality, acquire, by purchase or by the right of
23eminent domain, a free and unobstructed view down and across
24lands located at or near the intersection of any two streets or
25highways or a street or highway and a railroad or railway or at
26a curve in any street or highway as may be necessary to
27accomplish the following:

28(1) Assure a free and unobstructed view in all
29directions at the crossings.

30(2) Prevent the use of the lands for any purpose or in

1any manner which may interfere with or obstruct the view of
2persons traveling upon the street or highway.

3(b) Obstructions to be abated or removed.--After
4condemnation, the borough may abate or remove or cause to be
5abated or removed any obstruction to the view over and across
6the lands except poles used in furnishing service to the public.

7(c) Condemnation proceedings.--The proceedings for the
8condemnation of the view over and across lands and for the
9assessment of damages for property taken, injured or destroyed,
10or the portion thereof agreed to be paid by the borough if the
11taking is jointly with another municipality, shall be taken in
12the manner provided in the law governing eminent domain.

13(d) Use of lands.--Upon the purchase or condemnation of a
14view, the owner of the lands may make every use of the lands as
15will not interfere with a free and unobstructed view at the
16dangerous crossing or curve.

17CHAPTER 18

18SIDEWALKS

19Sec.

201800. Definitions.

211801. Power to lay out, establish and compel construction of
22sidewalks.

231802. Sidewalks on land abutting State highways and along roads
24outside borough.

251803. Establishment of grades.

261804. Boroughs may pay all or part of cost of grading and
27curbing.

281805. Borough may do work and collect cost.

291806. Emergency repairs to sidewalks.

30§ 1800. Definitions.

1The following words and phrases when used in this chapter
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Sidewalk." The portion of a street located outside the
5cartway and may include paved footway, unpaved grasslot, curb
6and gutter.

7§ 1801. Power to lay out, establish and compel construction of
8sidewalks.

9(a) General rule.--

10(1) Any borough may, by ordinance, lay out and establish
11sidewalks, curbs, gutters and surface water drains along any
12street and, with the consent of the Secretary of
13Transportation, along any State highway.

14(2) The borough may also require owners of property
15abutting on any street or State highway to grade, construct,
16drain, pave and repave the sidewalk, curb or gutter and keep
17them in repair and in safe and usable condition along the
18property at the grades and under the regulations and
19specifications as council may prescribe.

20(b) (Reserved).

21§ 1802. Sidewalks on land abutting State highways and along
22roads outside borough.

23Any borough may, by ordinance, lay out sidewalks, gutters,
24and surface water drains upon land abutting the sides of State
25highways and upon land abutting the sides of public roads, where
26the roads are outside the borough limits, but the land upon
27which the sidewalks, gutters and surface water drains are to be
28laid out is within the borough limits.

29§ 1803. Establishment of grades.

30Any borough may establish a grade or grades for sidewalks,

1which may be separate and apart from the grade or grades
2established for the cartway or roadway.

3§ 1804. Boroughs may pay all or part of cost of grading and
4curbing.

5The borough may pay all or any part of the cost and expenses
6of grading and curbing any sidewalk.

7§ 1805. Borough may do work and collect cost.

8(a) General rule.--Upon the failure of any property owner to
9comply with any of the requirements in sections 1801 (relating 
10to power to lay out, establish and compel the construction of 
11sidewalks), 1802 (relating to sidewalks on land abutting State 
12highways and along roads outside borough), 1803 (relating to 
13establishment of grades) and 1804 (relating to boroughs may pay 
14all or part of cost of grading and curbing), the borough may,
15after notice, cause the grading, paving, repairing, curbing and
16guttering to be done at the cost of the owner. The borough may
17collect the cost of the work and an additional 10% of the cost,
18together with all charges and expenses, from the owner and may
19file a municipal claim for the amounts or collect the amounts by
20action in assumpsit.

21(b) Notices.--

22(1) All notices shall be served upon the owner of the
23premises to which the notice refers, if the owner is a
24resident of the borough. If the owner is not a resident, then
25the notice may be served upon the agent or tenant of the
26owner or upon the occupant of the premises. If the owner has
27no agent or tenant or there is no occupier of the premises,
28then service shall be by notice posted upon the premises.

29(2) The notice required by this section shall specify a
30period of time of not less than 30 days for the owner to

1complete the specified work. If the work has not been
2completed after the specified time has elapsed, the owner
3shall be deemed to have failed to comply.

4§ 1806. Emergency repairs to sidewalks.

5(a) General rule.--

6(1) In addition to the remedies now vested in boroughs
7to make repairs to sidewalks, any borough shall have power to
8make emergency repairs to any sidewalks within the borough if
9an inspection of the sidewalk discloses that, and a
10certificate made by the officer or head of the department or
11committee lawfully having charge of sidewalk repairs
12specifies that, a dangerous condition exists that can be
13repaired by an expenditure of not more than $1,000.

14(2) Before repairs are made, a notice to make the
15repairs within 48 hours shall be served upon the owner of the
16property. If the owner cannot be served within the county,
17notice may be served upon the agent of the owner or the party
18in possession or, if there is no agent or party in
19possession, the notice may be served by posting the same upon
20the premises.

21(b) Cost.--

22(1) Upon the completion of the work, the cost shall be a
23charge against the owner of the property and shall be a lien,
24until paid, upon the abutting property if a claim is filed.
25The charge may also be collected by action of assumpsit.

26(2) This section is intended to provide an additional
27remedy for boroughs in connection with emergency repairs,
28where the actual cost of doing the work does not exceed
29$1,000. The certificate of the officer or head of the
30department or committee in charge of repairs to sidewalks

1shall be conclusive evidence of the existence of the
2emergency justifying the repair under the terms of this
3section.

4CHAPTER 19

5BRIDGES, VIADUCTS AND

6UNDERGROUND PASSAGEWAYS

7Sec.

81901. Construction or acquisition and maintenance of bridges
9and viaducts.

101902. Right to appropriate property and assessment of damages.

111903. Boundary bridges.

121904. Contracts with railroads, other companies and counties.

131905. Overhead and underground passageways.

14§ 1901. Construction or acquisition and maintenance of bridges
15and viaducts.

16(a) Authority.--Any borough may locate and build, or acquire
17by purchase, condemnation or otherwise, any bridge or viaduct
18and the piers, approaches and abutments for the bridge or
19viaduct, to be used and thereafter improved and maintained as a
20street, over any river, creek, stream, railroad or public or
21private property or over and across a combination of any of
22them, whether the bridge or viaduct shall be wholly or partly
23within the borough limits.

24(b) Proceedings.--The proceedings for laying out and opening
25a bridge or viaduct shall be the same as provided by this part 
26for the laying out and opening of streets, and the bridge or
27viaduct or portion of the bridge or viaduct may thereafter be
28vacated under the same procedure as provided in this part for
29the relocation or vacation of streets or portions of streets.

30§ 1902. Right to appropriate property and assessment of

1damages.

2In any case where the borough does not agree with the owner
3or owners for damages done or likely to be done by the erection
4of a bridge or viaduct, the borough may take and appropriate the
5land and property necessary to erect the bridge or viaduct. The
6damages caused by the taking and appropriation shall be assessed
7according to 26 Pa.C.S. (relating to eminent domain).

8§ 1903. Boundary bridges.

9If a bridge or viaduct crosses the boundary line of a borough
10and another municipality, the borough may enter into an
11intergovernmental cooperation agreement in accordance with 53
12Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
13cooperation) with the municipality in the construction and
14maintenance of the bridge and shall apportion the costs
15according to the intergovernmental agreement.

16§ 1904. Contracts with railroads, other companies and counties.

17(a) General rule.--

18(1) The borough may enter into a contract with the
19county commissioners, railroads, street railways and other
20companies or interested parties for the building and
21maintenance of bridges or viaducts and for the payment of any
22damages caused by the location or erection thereof.

23(2) The contracts may stipulate that the county,
24borough, railroad company, street railway or other company or
25interested party shall pay a certain part of the contract
26price of the work, including damages, or may stipulate that
27each shall construct a certain portion of the work and may
28provide otherwise for the payment of damages.

29(b) Payment.--

30(1) When any railroad company, street railway or other

1company or interested party agrees to pay a certain portion
2of the cost of the work, it shall pay the portion into the
3borough treasury. The borough treasurer shall pay the amount
4over to the contractor, as may be provided in the contract.
5The amount to be paid by the county shall be paid directly to
6the contractor.

7(2) The agreement may provide for the maintenance of the
8bridges and viaducts after their erection. Nothing under this
9section shall authorize any borough to contract with a county
10for the maintenance of any bridge or viaduct which does not
11cross a place over which the county is authorized to build
12bridges. The bridge or viaduct shall be maintained as a
13borough structure, and the borough may contract with any
14party interested, except the county, for the maintenance of
15the bridge or viaduct.

16(3) Nothing in this section shall affect the powers or
17duties of the Pennsylvania Public Utility Commission to the
18extent otherwise provided by law.

19§ 1905. Overhead and underground passageways.

20If the comfort and safety of the residents of a borough and
21an adjoining municipality are enhanced by any overhead or
22underground passageway connecting with adjoining streets in
23either the borough or the municipality and extending to any
24plant or place of business where residents of the borough are
25employed, the borough may, jointly with each adjoining
26municipality, construct and maintain any passageway or may join
27with other interests in the construction and maintenance of the
28passageway.

29CHAPTER 20

30SANITARY SEWERS

1Subchapter

2A. Laying Out, Construction and Operation of Sanitary Sewers
3and Construction of Sewage Treatment Works

4B. Joint Sanitary Sewers

5C. Power to Supply Sewerage Service Outside Borough Limits
6(Reserved)

7D. Acquisition of Community Collection or Disposal Systems

8E. Connection and Use of Sanitary Sewers

9F. Monthly, Quarterly or Annual Rentals

10G. Sewers on Boundary Streets (Reserved)

11SUBCHAPTER A

12LAYING OUT, CONSTRUCTION AND

13OPERATION OF SANITARY SEWERS

14AND CONSTRUCTION OF

15SEWAGE TREATMENT WORKS

16Sec.

172000. Definitions.

182001. Power to lay out and construct.

192002. Assessments.

202003. (Reserved).

212004. (Reserved).

222005. (Reserved).

232006. (Reserved).

242007. (Reserved).

252008. (Reserved).

262009. Extensions beyond borough limits and eminent domain.

272010. Notice of certain ordinances.

282011. (Reserved).

292012. Unlawful to build within right-of-way of sanitary sewers.

302013. Opening sanitary sewers.

1§ 2000. Definitions.

2The following words and phrases when used in this chapter
3shall have the meanings given to them in this section unless the
4context clearly indicates otherwise:

5"Combined sewer." A sewer used for the receiving and
6collecting of sewage and liquid waste from the inside of
7buildings and structures, storm water, roof or surface drainage,
8sump pump discharge and draining from foundation drains.

9"Sanitary sewer" or "sanitary sewer system." A sewer or
10sewers used for receiving and collecting sewage matter and
11liquid waste from the inside of buildings and structures. Storm
12water shall not be permitted to enter into a sanitary sewer. A
13sanitary sewer or sanitary sewer system does not include a
14combined sewer.

15"Sewer system." Either a sanitary sewer or a combined sewer
16and includes pump stations and force mains.

17§ 2001. Power to lay out and construct.

18(a) General rule.--

19(1) Upon enactment of an ordinance, boroughs may lay out
20and construct sanitary sewers and branches of sanitary sewers
21in streets and on public or private property and may
22construct sewage treatment works on land owned or acquired
23for those purposes. Boroughs may pay the costs and expenses
24of sanitary sewer systems and treatment works out of borough
25funds or may assess the costs and expenses pursuant to
26Chapter 21A (relating to assessments and charges for public 
27improvements).

28(2) Boroughs may determine the location and the manner
29in which sanitary sewer systems shall be constructed.
30Sanitary sewers laid and constructed in streets may be

1located in the center of the street or in the right-of-way or
2the curb lines of the street and may be for the service and
3use of properties on both sides of the street or on only one
4side of the street in which they are laid, as directed by the
5council. Boroughs shall have the authority to lay out and
6construct sanitary sewers in any street, any portion of which
7is within the limits of the borough and which forms a portion
8of the boundary dividing the borough from any other municipal
9corporation within the same county, in the same manner and to
10the same extent as if the whole of the street was within the
11limits of the borough.

12(3) If any borough is maintaining and operating a
13sanitary sewer system and sewage treatment works, it shall be
14lawful for the borough to supply sewerage service to
15municipalities, persons and corporations outside the limits
16of the borough and to enter into contracts for service at
17rates not less than those required to be paid by persons and
18corporations within the limits of the borough. This privilege
19shall not conflict with the rights of any sewer company or
20the rights of any other borough.

21(b) Consent.--

22(1) If required by other law, a borough shall obtain the
23consent and permit of the Department of Environmental
24Protection or other Federal, State or county entity,
25including the Pennsylvania Turnpike Commission, for the
26laying out and construction of a sanitary sewer and treatment
27works.

28(2) Where construction beyond the limits of the borough
29is entirely within the limits of a State or county highway or
30the turnpike, a sanitary sewer may be constructed in or under

1the State or county highway or turnpike if written notice is
2given to the Department of Transportation, county
3commissioners or Pennsylvania Turnpike Commission,
4respectively, and consent is obtained before construction is
5commenced. Permission shall not be unreasonably withheld.

6(c) Regulations.--Council may, by ordinance, make
7regulations respecting the use and maintenance of the sanitary
8sewer system and treatment works. Violations of the ordinance
9may be enforced by penalties. The regulations may do all of the
10following:

11(1) Specify materials and substances which may or may
12not enter the public sewer or sewer system.

13(2) Require that certain types or classes of waste be
14subjected to treatment or to grinding or other reduction in
15size before entering into the sewer.

16(3) Restrict the quantity of waste material that may
17enter a sanitary sewer from any premises within any time
18interval.

19(4) Require that property owners provide means other
20than the public sanitary sewers for disposal of storm,
21surface and roof water originating or accumulating upon their
22property.

23§ 2002. Assessments.

24Assessments, whether based according to benefits conferred or
25by the front foot basis, and assessment awards, if any, shall be
26calculated pursuant to Chapter 21A (relating to assessments and 
27charges for public improvements).

28§ 2003. (Reserved).

29§ 2004. (Reserved).

30§ 2005. (Reserved).

1§ 2006. (Reserved).

2§ 2007. (Reserved).

3§ 2008. (Reserved).

4§ 2009. Extensions beyond borough limits and eminent domain.

5The borough may extend the necessary sewer mains, pipes and
6outlets beyond the limits of the borough to a point where the
7sewage is to be disposed or collected and received. The borough
8shall have power to enter upon and condemn land for the
9construction of all sewer mains, outlets and treatment works as
10may be necessary for the disposal or the collection of the
11sewage, if the extension is in conformity with 26 Pa.C.S. § 206
12(relating to extraterritorial takings) and any other applicable
13requirement of 26 Pa.C.S. (relating to eminent domain).

14§ 2010. Notice of certain ordinances.

15No ordinance for any construction of sewers or treatment
16works beyond the limits of the borough shall be enacted until
17notice of the ordinance has been given in all of the following
18manners:

19(1) By publication of the proposed ordinance, once a
20week for four weeks in one newspaper of general circulation.

21(2) By serving copies of the proposed ordinance at least
22ten days before the enactment of the ordinance upon all land
23owners through whose land the sewer is to pass or on whose
24lands any treatment works are to be located.

25§ 2011. (Reserved).

26§ 2012. Unlawful to build within right-of-way of sanitary
27sewers.

28It shall be unlawful for any person to erect any building or
29make any improvement within the right-of-way of any sanitary
30sewer after due notice of the laying out of the sanitary sewer,

1and, if any erection or improvement shall be made, no allowance
2shall be had for the building or improvement in the assessment
3of damages.

4§ 2013. Opening sanitary sewers.

5(a) General rule.--A proceeding to open a sanitary sewer
6shall be void if a borough:

7(1) lays out any sanitary sewer over or under private
8property which is located in whole or in part within the
9limits of the borough; and

10(2) does not proceed to open the sanitary sewer and to
11assess the damage arising therefrom within two years from the
12enactment of the ordinance.

13(b) Exception.--If a borough has laid out a sanitary sewer
14without the enactment of an ordinance prior to July 16, 2012,
15and has not opened the sanitary sewer, the proceedings shall not
16be deemed to be void. The borough shall have two years from July
1716, 2012, to open the sanitary sewer or the whole proceeding
18shall be void.

19SUBCHAPTER B

20JOINT SANITARY SEWERS

21Sec.

222021. Joint sanitary sewer systems.

232022. (Reserved).

242023. Connections with sanitary sewers of adjacent
25municipalities.

262024. Applications to court.

272025. Appointment of viewers.

282026. Report of viewers and appeals to court.

29§ 2021. Joint sanitary sewer systems.

30(a) General rule.--Pursuant to 53 Pa.C.S. Ch. 23 Subch. A

1(relating to intergovernmental cooperation), boroughs may
2contract with other municipal corporations providing for the
3joint construction or maintenance of sanitary sewer systems and
4for the joint construction onto existing sanitary sewer systems.
5The agreement shall provide for the apportionment of costs among
6the municipal corporations. The council may assess the borough's
7respective portion of the costs, as may be legally assessable,
8upon property benefited by the facilities pursuant to Chapter
921A (relating to assessments and charges for public 
10improvements). Any portion of the cost not assessed or
11assessable shall be paid by the respective municipal
12corporations under the agreement.

13(b) Composition of joint sanitary sewer board.--

14(1) The municipal corporations joining or contemplating
15joining in any improvement, in order to facilitate the
16building of the sanitary sewer system and in securing
17preliminary surveys and estimates, may, by ordinance, provide
18for the appointment of a joint sanitary sewer board composed
19of one representative from each of the municipal corporations
20joining. The board shall act as the advisory and
21administrative agency in the construction of the improvement
22and its subsequent operation and maintenance.

23(2) Members of the joint sanitary sewer board shall
24serve for terms of six years each from the dates of their
25respective appointments and until their successors are
26appointed. The joint sanitary sewer board shall organize by
27the election of a chair, secretary and treasurer. The
28secretary and treasurer may be the same person.

29(3) The municipal corporations may in the ordinances
30creating the joint sanitary sewer board authorize the board

1to appoint an engineer, a solicitor and other assistants as
2are deemed necessary and agree to the share of the
3compensation of those persons each municipal corporation is
4to pay.

5(4) The members of the joint sanitary sewer board shall
6receive compensation for attending board meetings as
7established in the budget that is prepared by the joint
8sanitary sewer board and submitted to and adopted by the
9municipal corporations. The members shall be entitled to
10actual expenses to be paid by the respective municipal
11corporations the members represent.

12(c) Powers of the joint sanitary sewer board.--

13(1) The joint sanitary sewer board may adopt rules and
14regulations consistent with the requirements of this part to
15govern its proceedings and shall prepare and suggest any
16practical measures and plans by which the joint improvement
17may be carried to successful completion and plan the future
18development of the system, so as to conform to a general
19plan.

20(2) The joint sanitary sewer board may prepare a joint
21agreement or agreements for submission to and adoption by the
22municipal corporations defining the advisory and
23administrative powers of the joint sanitary sewer board and
24setting forth the following:

25(i) Consents of the municipal corporations to the
26proposed improvement.

27(ii) The manner in which preliminary and final
28plans, specifications and estimates for the proposed
29improvement shall be prepared and adopted.

30(iii) How proposals for bids shall be advertised and

1contracts awarded.

2(iv) The manner in which the costs of the
3improvement and other incidental and preliminary expenses
4in connection with the improvement and the future cost of
5operation and maintenance shall be equitably shared,
6apportioned and paid.

7(v) All other matters, including the preparation and
8submission of annual and other budgets, as may be deemed
9necessary or required by law to complete the proposed
10improvement and to assure future maintenance and
11operation thereof.

12(3) The joint sanitary sewer board may not make any
13improvement or spend any public money which has not first
14been authorized by all of the municipal corporations
15proceeding with the improvement.

16(d) Eminent domain.--

17(1) When it is necessary to acquire, appropriate, injure
18or destroy private property to build a joint sanitary sewer
19system or improvement and the property cannot be acquired by
20purchase or gift, the right of eminent domain shall vest in
21the municipal corporation where the property is located.

22(2) When it is necessary to acquire, injure or destroy
23property in any territory not within the limits of any of the
24municipal corporations joining in the improvement, the right
25of eminent domain shall be vested in the municipal
26corporation adjacent to the territory where the property is
27located subject to 26 Pa.C.S. § 206 (relating to
28extraterritorial takings).

29(3) Damages for any property taken, injured or destroyed
30shall be assessed under laws relating to the municipal

1corporation exercising the right of eminent domain and shall
2be paid by the municipal corporations joining in the same
3proportion as other costs of the improvements.

4(e) Indebtedness.--Each of the boroughs joining in the
5improvement shall have power to incur or increase its
6indebtedness, not exceeding the constitutional limits, for the
7purpose of paying its share or portion of the cost of the
8improvement in the manner now provided by law for the incurring
9of indebtedness.

10§ 2022. (Reserved).

11§ 2023. Connections with sanitary sewers of adjacent
12municipalities.

13A borough may connect with an existing sanitary sewer, owned
14by an adjacent municipality, for sewerage purposes in the manner
15prescribed in sections 2024 (relating to applications to court),
162025 (relating to appointment of viewers) and 2026 (relating to
17report of viewers and appeals to court).

18§ 2024. Applications to court.

19If a borough desires to connect with the existing sanitary
20sewer of an adjacent municipality and no agreement, either upon
21the basis of a rental payment for the use of an existing
22sanitary sewer or a division of the cost of the construction or
23maintenance of the sanitary sewer, has been reached between the
24borough and the adjacent municipality, an application shall be
25made by council to the court of common pleas of the county where
26the proposed connection is to be located, setting forth that
27fact.

28§ 2025. Appointment of viewers.

29If the court determines that the connection can be made
30without impairing the usefulness of the existing sanitary sewer,

1it shall appoint three viewers who shall:

2(1) View the premises and investigate the facts of the
3case.

4(2) Assess the proportionate part of the expense of
5building the original sanitary sewer upon the borough.

6(3) Fix the proportion of the expense for repairs which
7each municipality shall thereafter bear.

8(4) Determine all other questions liable to arise in
9connection with the sanitary sewer.

10§ 2026. Report of viewers and appeals to court.

11The viewers shall report to the court the result of their
12investigation. The report shall be confirmed within 30 days
13unless exceptions are filed. After confirmation of the report or
14the disposal of any exceptions, any party interested may appeal
15from the decision of the court of common pleas.

16SUBCHAPTER C

17POWER TO SUPPLY SEWERAGE SERVICE

18OUTSIDE BOROUGH LIMITS

19(Reserved)

20SUBCHAPTER D

21ACQUISITION OF COMMUNITY COLLECTION

22OR DISPOSAL SYSTEMS

23Sec.

242040. Definitions.

252041. (Reserved).

262041.1. Power to acquire community sewage collection or
27disposal systems.

282042. (Reserved).

292043. Community sewage collection or disposal systems.

30§ 2040. Definitions.

1The following words and phrases when used in this subchapter
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4"Community sewage collection or disposal system." All or 
5part of a device or devices installed on any privately or 
6publicly owned parcel of land intended to treat or dispose of 
7the sewage or equivalent volume of domestic sewage from two or 
8more residences, buildings or occupied parcels of land, or any 
9system of piping used in collection and conveyance of sewage on 
10private or public property.

11§ 2041. (Reserved).

12§ 2041.1. Power to acquire community sewage collection or
13disposal systems.

14(a) General rule.--A borough may, by ordinance, acquire
15ownership of a community sewage collection or disposal system by
16purchase or by the exercise of eminent domain pursuant to 26
17Pa.C.S. (relating to eminent domain) or by gift from the owner
18or owners.

19(b) Assessment of costs and expenses.--In eminent domain
20proceedings, the viewers shall assess the costs and expenses of
21the community sewage collection or disposal system acquired by
22the borough upon the property or properties benefited according
23to benefits. Any deficiency that is not assessed upon the
24benefited property or properties shall be paid by the borough.

25§ 2042. (Reserved).

26§ 2043. Community sewage collection or disposal systems.

27(a) General rule.--After a community sewage collection or
28disposal system has been acquired under this subchapter by the
29borough, the council shall have the power to enlarge the system
30if it deems it advisable. The cost and expenses of the

1enlargement may be distributed or assessed in the same manner as
2if the enlargement was a regular sewer constructed by the
3borough under other provisions of this part.

4(b) Acquisition and ownership.--If a community sewage
5collection or disposal system is established or constructed
6within a borough by a private owner or owners and the council is
7thereafter empowered by ordinance to acquire the ownership of
8the sewage disposal system, or when the system has been enlarged
9by the borough, the acquisition and ownership shall be subject
10to the following provisions:

11(1) An agreement shall be considered a valid agreement
12by the owners of the sewage collection or disposal system and
13shall be a transfer of ownership to the borough when any of
14the following enter into an agreement with the borough for
15the acquisition of the system by the borough:

16(i) The person or persons having established or
17constructed a community sewage collection or disposal
18system.

19(ii) More than one-half of the number of owners of
20properties which are connected with, have a right to use
21and are using a community collection or disposal system.

22(2) The borough shall operate and maintain any sewage
23collection or disposal system acquired and any enlargement or
24addition thereto for the use of the following:

25(i) Persons having acquired from the borough or from
26the former owner or owners the right to use the system.

27(ii) Other owners of property accessible to the 
28system up to the capacity of the sewage collection or
29disposal system.

30(3) All persons whose property connects with the sewage

1collection or disposal system acquired or constructed by the
2borough shall pay to the borough treasurer a monthly,
3quarterly, semiannual or annual charge prescribed by a
4resolution of the council. The amount of the charges shall
5not be in excess of the estimated amount necessary to
6maintain and operate the system and to establish a reserve
7fund sufficient for its future replacement.

8(4) All sewer rentals or charges imposed by the council
9against properties connected with a community sewage
10collection or disposal system under this section shall
11constitute liens against the properties and may be collected
12in the same manner as other sewer charges.

13(5) All money received from the sewer charges shall be
14deposited as a special reserve fund and shall be used only
15for the payment of the cost of operating and maintaining the
16sewage collection or disposal system and the replacement of
17the collection or disposal system, if necessary and
18economically desirable. If, at any time after the acquisition
19or enlargement of the community sewage system, a regular
20sewer system is made available by the borough for connection
21with the properties using the community sewage collection or
22disposal system, the owners of the properties shall be
23subject to the other provisions of this part relating to
24sewers, and all money at that time in the reserve fund which
25was received from charges for the use of that particular
26sewage collection or disposal system and which is over and
27above the amount expended for the operation and maintenance
28of that particular sewage collection or disposal system shall
29be used towards the payment of any sewer assessments charged
30against the properties under other sections of this part.

1(c) Construction.--Nothing in this section may be construed
2to supersede the requirements of the act of January 24, 1966
3(1965 P.L.1535, No.537), known as the Pennsylvania Sewage
4Facilities Act.

5SUBCHAPTER E

6CONNECTION AND USE OF SANITARY SEWERS

7Sec.

82051. Ordinances to require sanitary sewer connections.

92052. (Reserved).

102053. Tapping fees.

112054. (Reserved).

12§ 2051. Ordinances to require sanitary sewer connections.

13A borough may, by ordinance, require any owner of property
14benefited, improved or accommodated by a sanitary sewer to make
15connections with the sanitary sewer, in the manner as the
16borough may order, for the purpose of discharge of drainage or
17waste matter as the borough may specify. All connections
18required shall be uniform. The owner shall be given at least 45
19days' notice of any ordinance requiring a sanitary sewer
20connection. Upon failure of the owner to make the connection,
21the borough may make the connection and collect the cost from
22the owner by a municipal claim or by an action of assumpsit. The
23borough may by penalties enforce any ordinance it enacts with
24reference to any sanitary sewer connections.

25§ 2052. (Reserved).

26§ 2053. Tapping fees.

27The following shall apply to tapping fees:

28(1) Any borough may, by ordinance, provide for charging
29a tapping fee if the owner of any property connects the
30property with a sanitary sewer system constructed or acquired

1by the borough if the tapping fee is calculated in accordance
2with 53 Pa.C.S. § 5607 (relating to purposes and powers). The
3tapping fee shall be in addition to any charges assessed and
4collected against the property in the construction or
5acquisition of the sanitary sewer by the borough.

6(2) If a sanitary sewer system or any part or extension
7of a sanitary sewer system owned by a borough has been
8constructed by the borough at the expense of a private person
9or corporation or has been constructed by a private person or
10corporation under the supervision of the borough at the
11expense of the private person or corporation, the borough
12shall have the right to charge a tapping fee calculated in
13accordance with 53 Pa.C.S. § 5607 and refund the tapping fee
14or any part of the fee to the person or corporation who has
15paid for the construction of the sanitary sewer system or any
16part or extension of the sanitary sewer system in accordance
17with 53 Pa.C.S. § 5607. The total of the refunds shall never
18exceed the cost of the system or any part or extension of the
19system to the person or corporation paying for the
20construction of the system or any part or extension of the
21system.

22(3) Where the property connected or to be connected with
23the sanitary sewer system of the borough is not equipped with
24a water meter, the borough may install a meter at its own
25cost and expense. If the property is supplied with water from
26the facilities of a public water supply agency, the borough
27shall not install a meter without the consent and approval of
28the public water supply agency.

29§ 2054. (Reserved).

30SUBCHAPTER F

1MONTHLY, QUARTERLY OR ANNUAL RENTALS

2Sec.

32061. Ordinance for monthly, quarterly or annual rental.

42062. Rental amount.

52063. Collection of rental.

62064. (Reserved).

7§ 2061. Ordinance for monthly, quarterly or annual rental.

8If a borough constructs any sanitary sewer, sewer system or
9sewage treatment works or acquires, wholly or partially, the
10same at public expense, as authorized in this chapter, the
11council may provide, by ordinance, for the collection of a
12monthly, quarterly or annual rental or charge or a fixed sum for
13the use of the sanitary sewer, sewer system or sewage treatment
14works from the owner of property served by it.

15§ 2062. Rental amount.

16(a) Included amounts.--The monthly, quarterly or annual
17rental may include:

18(1) The amount expended monthly, quarterly or annually
19by the borough in maintenance, repair, alteration,
20inspection, depreciation or other expense of the sanitary
21sewer, sewer system or sewage treatment works.

22(2) Interest on money expended or borrowed by the
23borough in the construction of the sanitary sewer, sewer
24system or sewage treatment works or in the acquisition,
25enlargement or extension of the sanitary sewer or sewer
26system.

27(3) An amount sufficient for the amortization of debt
28incurred by the borough for the purpose of construction of a
29sanitary sewer, sewer system or sewage treatment works or for
30the purpose of acquisition, enlargement or extension of a

1sanitary sewer or sewer system.

2(b) Apportionment.--The monthly, quarterly or annual amount
3or fixed sum shall be apportioned equitably among the properties
4served by the sanitary sewers, sewer system or sewage treatment
5works.

6§ 2063. Collection of rental.

7(a) General rule.--The monthly, quarterly or annual rental
8or charge or the fixed sum shall be authorized and collected as
9provided by general ordinances and, if levied and charged, shall
10be a lien on the properties charged from the date set forth in
11the ordinance. If the rental, charge or fixed sum is not paid
12after 30 days' notice, it may be collected by an action of
13assumpsit in the name of the borough against the owner of the
14property charged or by a lien filed in the nature of a municipal
15lien.

16(b) Collection.--The council shall execute a warrant or
17warrants, authorizing the collection of the monthly, quarterly
18or annual sewer rentals or charges, or the fixed sum, to the
19officer employed by council to collect the same. The officer
20shall have the authority now vested by law for the collection of
21borough taxes.

22§ 2064. (Reserved).

23SUBCHAPTER G

24SEWERS ON BOUNDARY STREETS

25(Reserved)

26CHAPTER 21

27COLLECTION BY INSTALLMENT OF

28STREET AND SEWER ASSESSMENTS

29(Reserved)

30CHAPTER 21A

1ASSESSMENTS AND CHARGES FOR

2PUBLIC IMPROVEMENTS

3Sec.

421A00. Definitions.

521A01. Authority to assess.

621A02. Notice of assessments.

721A03. Assessment based on front foot basis.

821A04. Assessment of benefits conferred.

921A05. Assessment awards.

1021A06. Petition for viewers.

1121A07. Payment of assessments in installments.

1221A08. Collection of assessments.

13§ 21A00. Definitions.

14The following words and phrases when used in this chapter
15shall have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17"Personal notice." The term shall mean and include notice
18upon the owner of a property either by personal service upon the
19owner or by certified mail to the owner at the owner's last
20known address or where service, after a reasonable attempt,
21shall not have been successfully made by either of these two
22methods, then by leaving notice at or upon the property.

23§ 21A01. Authority to assess.

24(a) General rule.--Council shall have the power to pay the
25cost, in whole or in part, of any and all public improvements of
26all natures and descriptions, including, but not limited to, the
27grading, building, paving, regrading, rebuilding and repaving of
28streets as defined in section 1701 (relating to definitions),
29the creation, extension, renovation or enlargement of water
30mains and sewage collection, transmission, treatment and

1disposal systems and the creation, extension and renovation of
2storm, surface and subsurface drainage systems, the
3construction, reconstruction and repair of wharves and docks,
4the installation of ornamental street lighting or the planting,
5removal, maintenance and protection of shade trees by any of the
6following methods:

7(1) from general borough funds;

8(2) from special borough funds created for that purpose;
9or

10(3) by assessment of costs against the benefited
11properties either on the front foot or benefit conferred
12method of assessment.

13Except as provided in subsection (c), the costs and expenses of
14sanitary sewers may be assessed against properties benefited,
15accommodated or improved regardless of the property line
16location and regardless of whether any portion of a property
17benefited, accommodated or physically improved abuts upon the
18sanitary sewer.

19(b) Payment of indebtedness.--

20(1) If a borough that incurs authorized indebtedness
21under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness
22and borrowing) for the purposes of funding the cost and
23expense of making public improvements for which assessments
24can be made in accordance with this chapter, payments made on
25the assessment must be applied to pay the debt service for
26the indebtedness incurred for funding the cost and expense of
27making the public improvement.

28(2) Notwithstanding section 21A07 (relating to payment 
29of assessments in installments), when bonds are issued in a
30manner provided by law and an assessment is to be paid in

1installments, the assessment shall be payable in equal
2installments during the term for which the bond is issued,
3and the cost of the improvement plus interest beginning the
4first day when interest is payable on the bond shall be the
5cost of the improvement to be assessed on a property.

6(c) Property outside borough.--Property benefited, improved
7or accommodated which is located outside the limits of the
8borough that constructed a sanitary sewer may, if located no
9more than 150 feet from the sewer main, be assessed for the cost
10of the sewer in the same manner as the property would be
11assessed under the laws of this Commonwealth if it were entirely
12located within the limits of the borough, if the property is
13given permission to use the sanitary sewer and is not, at the
14time the sanitary sewer is constructed, provided with sanitary
15sewer facilities.

16(d) Water mains.--Boroughs shall have power to assess the
17whole cost or any part of the cost of construction of new water
18mains built in connection with the establishment or extension of
19a municipally owned water supply system, even if the mains are
20located outside the limits of the borough, and that serve
21abutting properties, against the properties abutting the
22boundary line. The borough may provide that the assessment be
23rebated to the owner of the assessed property out of rates
24charged for water consumed in serving the assessed property. The
25borough may also issue a negotiable credit memorandum in the
26amount of the assessment which may be used for the payment of
27any water service to the extent of the assessment.

28§ 21A02. Notice of assessments.

29The borough secretary shall cause 30 days' personal notice of
30the assessment to be served upon each property owner assessed.

1If a certificate is required to be filed with council relating
2to the public improvement as otherwise provided in this part,
3then a copy of the certificate shall accompany the notice.

4§ 21A03. Assessment based on front foot basis.

5(a) General rule.--If council elects to collect the cost,
6including any administrative fees, of any improvement on the
7front foot basis, the cost to be collected shall be divided by
8the total number of linear feet of street frontage of each
9property benefited, and there shall be assessed against each
10property that portion of the cost which is determined by
11multiplying the dividend of the prior calculation by the number
12of linear feet for street frontage of that property.

13(b) Certificate of assessment.--Council shall issue a
14certificate of assessment when assessing on the front foot basis
15duly certified under the seal of the borough and attested by the
16president of council and secretary. The certificate of
17assessment shall be prima facie evidence in any suit for
18recovery of the same of the correctness and validity of the
19assessment.

20(c) Adjustments in assessments.--Notwithstanding subsection
21(a), council may make equitable adjustments for corner lots,
22lots of irregular shape or, where special conditions exist,
23where an assessment for full frontage would be unjust.

24§ 21A04. Assessment of benefits conferred.

25(a) General rule.--In lieu of the front foot basis, council
26may elect to have the benefits of public improvements assessed,
27in whole or in part, upon property benefited, improved or
28accommodated by assessing an equal assessment on the properties
29benefited, improved or accommodated in proportion to the total
30cost of construction of the improvement. The amount of the

1charge on each property shall be determined by council.

2(b) Certificate.--Council shall issue a certificate of
3assessment when assessing benefits upon property benefited,
4improved or accommodated, duly certified under the seal of the
5borough and attested by the president of council and secretary.
6The certificate of assessment shall be prima facie evidence in
7any suit for recovery of the same of the correctness and
8validity of the assessment.

9§ 21A05. Assessment awards.

10In proceedings to assess benefits, if the land or property is
11both benefited and damaged by the public improvements, the
12excess of damages over benefits, the excess of benefits over
13damages or nothing in case the benefits and damages are equal
14shall be awarded to or assessed against the owner of land and
15property affected. Damages shall be calculated pursuant to 26
16Pa.C.S. (relating to eminent domain).

17§ 21A06. Petition for viewers.

18(a) Petition.--Taxpayers of the borough whose property is
19being assessed for benefits for a public improvement may present
20a petition to the court of common pleas stating that the
21assessment insufficiently represents the benefits accruing to
22abutting, benefited or accommodated properties. The petition may
23include a request for the appointment of viewers to assess
24benefits if at least 50% of the taxpayers whose parcels are
25abutting, benefited or accommodated by the public improvement in
26question join the petition or if taxpayers whose property
27valuation as assessed for taxable purposes within the borough
28amounts to at least 50% of the total property valuation of the
29properties being assessed for the public improvement join the
30petition. The petition must be presented within three months of

1the enactment of the ordinance levying the assessment.

2(b) Viewers.--The court shall appoint three disinterested
3viewers, none of whom shall be a resident of that portion of the
4borough that is benefited or accommodated by the public
5improvement in question, and the viewers shall proceed under
6this part and 26 Pa.C.S. (relating to eminent domain) for the
7assessment of damages and benefits by viewers. Upon the filing
8of the petition by taxpayers for the appointment of viewers, any
9assessment made by the council and any proceedings shall be
10stayed pending the disposition of the petition by the court.

11§ 21A07. Payment of assessments in installments.

12(a) Installments.--If an ordinance is passed providing for a
13public improvement, the expense of which is to be defrayed by an
14assessment against properties benefited by the improvement,
15either by the front foot or benefit conferred method, the
16ordinance shall specify the length of time over which the
17installments may be extended and whether payments are to be made
18by equal annual or more frequent installments. If the provisions
19of section 21A01(b)(2) (relating to authority to assess) and
20this subsection conflict, the provisions of section 21A01(b)(2)
21shall prevail to the extent of the conflict.

22(b) Commencement of payments and rate of interest.--The
23ordinance shall set a time when the installment payments shall
24commence and shall set forth the rate of interest for the
25installments which shall not be more than 6% per year.

26(c) Installment agreement.--The borough shall enter into a
27written installment agreement with each property owner, subject
28to the requirements of the ordinance pertaining to the
29agreements and this chapter.

30(d) Unpaid installments.--If an installment remains unpaid

1for 60 days after it has become due and payable, the entire
2unpaid assessment, plus unpaid accrued interest and any costs,
3shall be due and payable, and the borough solicitor shall
4proceed to collect it by filing a lien in the same manner as
5municipal claims are filed or by action in assumpsit.

6(e) Prepayment.--A property owner upon whom an assessment
7has been made may pay all or as many of the installments before
8they are due, with interest and costs to the due date of the
9next installment.

10§ 21A08. Collection of assessments.

11(a) Collection methods.--If an assessment remains unpaid at
12the expiration of the 30-day personal notice and an installment
13agreement has not been entered into pursuant to section 21A06
14(relating to petition for viewers), the borough solicitor shall
15collect the unpaid assessment, with interest from the time of
16completion of the improvement or from the time of filing a
17certificate of assessment with council, plus costs, by filing a
18lien to be collected in the same manner as municipal claims or
19by action in assumpsit. When a property owner has two or more
20lots against which there is an assessment for the same
21improvement, all of the lots may be embraced in one claim.

22(b) Payment location.--Assessments, whether paid one time or
23by installments, shall be payable at the office of the borough
24treasurer or any other place as the applicable ordinance shall
25provide.

26CHAPTER 22

27STORM SEWERS AND WATERCOURSES

28Sec.

292201. Authority of boroughs.

302202. Right of entry upon lands.

12203. Manner of financing work.

22204. Proceedings to assess damages.

32205. Unlawful to build within right-of-way of storm sewers.

42206. Power to acquire storm sewer systems.

5§ 2201. Authority of boroughs.

6(a) General rule.--Any borough may, by ordinance, after
7obtaining any required permit from the Department of
8Environmental Protection or other Federal or State entity do the
9following:

10(1) Widen and deepen any watercourse running through or
11within the borough and erect dykes, retaining walls and
12embankments along the watercourse as may be necessary to
13prevent the water from overflowing the banks.

14(2) Confine and pave any watercourse or portion thereof,
15other than a navigable stream.

16(3) Engage in channel improvement through the
17construction and maintenance of storm sewers and the
18accumulation and discharge of water into storm sewers.

19(4) Vacate or alter the course or channel of any
20watercourse, other than a navigable stream.

21(5) Acquire, operate and maintain areas for the
22infiltration, detention or retention of storm water and for
23other methods of storm water management authorized by the
24Department of Environmental Protection.

25(b) Authorization and consent.--For any purpose set forth in
26subsection (a), a borough may enter upon and condemn property
27and materials as may be necessary. No borough may confine and
28pave, vacate or alter any watercourse used by any municipality,
29municipal authority or water company as a source of supply
30unless the municipality, municipal authority or water company

1shall first consent to the confining and paving, vacation or
2alteration.

3§ 2202. Right of entry upon lands.

4A borough may enter upon any land lying near a watercourse
5and secure the material as may be necessary for the purpose of
6making and repairing the embankments along the watercourse when
7the material cannot be obtained by contract at a reasonable
8price. The borough shall cause no unnecessary damage to the
9owners of the land, shall repair any fences, structures or
10damage to the land that is caused by the borough and shall
11compensate the owner, either by agreement or in accordance with
1226 Pa.C.S. (relating to eminent domain), for any materials
13obtained under this section.

14§ 2203. Manner of financing work.

15A borough may pay for the costs and expenses of any work
16authorized under section 2201 (relating to authority of 
17boroughs) wholly or in part from money of the borough available
18for the purpose. To the extent that a borough does not receive
19assistance from the Federal, State or county government for the
20costs and expenses of the work, the borough may assess the
21benefited properties located within the drainage area of the
22watercourse in accordance with Chapter 21A (relating to 
23assessments and charges for public improvements).

24§ 2204. Proceedings to assess damages.

25Any person aggrieved by any ordinance enacted or action taken
26pursuant to sections 2201 (relating to authority of boroughs),
272202 (relating to right of entry upon lands) and 2203 (relating
28to manner of financing work) may file a complaint with the court
29of common pleas to fix and determine the damages for property
30taken, injured or destroyed under 26 Pa.C.S. (relating to

1eminent domain).

2§ 2205. Unlawful to build within right-of-way of storm sewers.

3It shall be unlawful for a person to erect a building or make
4an improvement within the right-of-way of a storm sewer laid out
5after due notice of the laying out of the storm sewer. If the
6erection or improvement is made, no allowance shall be made in
7the assessment of damages.

8§ 2206. Power to acquire storm sewer systems.

9(a) General rule.--A borough may, by ordinance, acquire
10ownership of storm sewers, culverts and the necessary inlets and
11appliances for surface, under surface and storm sewer drainage
12by purchase, by the exercise of eminent domain pursuant to 26
13Pa.C.S. (relating to eminent domain) or by gift from the owner
14or owners.

15(b) Eminent domain.--In eminent domain proceedings, the
16viewers shall assess the costs and expenses of the storm sewer,
17culverts, inlets and appliances acquired by the borough upon the
18property or properties benefited according to benefits. Any
19deficiency that is not assessed upon the benefited property or
20properties shall be paid by the borough.

21CHAPTER 23

22UNDERGROUND CONDUITS

23(Reserved)

24CHAPTER 24

25WATER SYSTEM

26Subchapter

27A. General Powers to Supply Water

28A.1. Acquisition by Eminent Domain

29A.2. Acquisition by Purchase After Appraisement

30A.3. Power to Lease Water System

1A.4. Joint Water System

2A.5. Condemnation of Lands For Road Purposes and to Prevent
3Contamination

4A.6. Commission of Water System

5A.7. Water Connections

6B. (Reserved)

7C. (Reserved)

8D. (Reserved)

9SUBCHAPTER A

10GENERAL POWERS TO SUPPLY WATER

11Sec.

122401. Power to supply water and make regulations.

132402. Contracts not to abridge powers.

142403. Issue of bonds where water system acquired.

152404. Refunding bonds.

162405. (Reserved).

172406. Contracts to supply water for municipal purposes.

182407. Power to supply water beyond limits of borough.

192408. Assessment for water mains.

202409. Sale of water system.

21§ 2401. Power to supply water and make regulations.

22(a) Supply of water.--Boroughs may supply water for the use
23of the public within the borough by constructing or purchasing
24and operating a water system, by entering into contract with
25persons or corporations authorized to supply water within the
26limits of the borough or partly by constructing or purchasing
27and operating a water system and partly by entering into a
28contract.

29(b) Regulations.--Council may make regulations for the
30protection of water pipes, reservoirs and other apparatus used

1in the supplying or storing of water, for the prevention of the
2waste of water supplied and for the drilling of water wells
3within the borough.

4(c) Rates.--Council shall fix the rates to be charged for
5the water furnished to individuals, partnerships, associations
6or corporations and shall provide for the collection of water
7rents from users of water supplied by the borough. The borough's
8provision of water to users outside the borough limits as to
9character of service, extensions and rates shall be subject to
10any applicable approval, regulation or control imposed by 66
11Pa.C.S. Pt. I (relating to Public Utility Code).

12§ 2402. Contracts not to abridge powers.

13A borough's power to construct and operate a water system as
14provided in section 2401 (relating to power to supply water and 
15make regulations) shall not be abridged by the borough entering
16into a contract with a person or corporation for the supply of
17water, but the power shall remain in force as though the
18contract had not been made.

19§ 2403. Issue of bonds where water system acquired.

20Where the price and terms are agreed upon, a borough may
21become the owner of and operate any water system owned and
22operated by a corporation furnishing water within the acquiring
23borough and in nearby municipal corporations. The borough may
24pay for the water system from the revenues derived from general
25obligation bonds or utility bonds issued in the manner provided
26by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
27borrowing).

28§ 2404. Refunding bonds.

29(a) General rule.--If a borough acquires a water system
30subject to any existing lien or liens and, at the time of

1acquisition, issues utility bonds secured by the liens on the
2water system and which impose no municipal liability, then, when
3the utility bonds mature or at any time prior, the borough may
4issue and sell utility bonds for the purposes of refunding the
5outstanding bonds. The refunding bonds shall be issued as
6utility bonds pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating 
7to indebtedness and borrowing). The issued bonds shall not be
8deemed to be the creation of new obligations but shall be deemed
9a continuation of the bonds existing or created at the time of
10the original acquisition of the water system.

11(b) Time, interest rate and amount.--The bonds shall not be
12refunded for a longer period than 20 years, and the refunding
13lien bonds issued shall not bear interest at a rate exceeding
146%. The aggregate amount of the issued refunding lien bonds
15shall not exceed the amount of the bonds to be refunded. Any
16money placed in any fund by the borough or by any commission of
17the water system for the purpose of redeeming or paying the
18bonds at maturity shall be first applied to the payment of the
19principal of the bonds to be refunded and the balance of the
20bonds only shall be refunded by the issue of new bonds.

21§ 2405. (Reserved).

22§ 2406. Contracts to supply water for municipal purposes.

23Boroughs may receive bids from water companies and municipal
24authorities authorized to do business within the borough and
25from other municipalities operating a water system for the
26supply of water for fire protection and for other municipal
27purposes. The borough may contract for the supply of water with
28the water company.

29§ 2407. Power to supply water beyond limits of borough.

30If a borough maintains a water system, it shall be lawful for

1the borough to supply water to persons and corporations outside
2the limits of the borough, but the supply of water shall be
3subject to any applicable approval or regulation imposed by 66
4Pa.C.S. Pt. I (relating to Public Utility Code). The privilege
5shall not conflict with the corporate rights of any water
6company or the rights of any other municipality or municipal
7authority.

8§ 2408. Assessment for water mains.

9Boroughs shall have power to assess the whole cost or any
10part of the cost of construction of new water mains built in
11connection with the establishment or extension of a municipally
12owned water supply system in accordance with Chapter 21A
13(relating to assessments and charges for public improvements), 
14notwithstanding if the mains are located within or without the 
15limits of the borough.

16§ 2409. Sale of water system.

17(a) General rule.--By ordinance, a borough may sell all or
18part of its water system to a purchaser at an agreed upon price,
19and, thereafter, for all purposes that price shall be deemed to
20be the purchaser's original cost less accrued depreciation of
21the plant at the date of purchase. No ordinance shall take
22effect until the expiration of ten days following its enactment
23and if, within that ten-day period, a protest signed by at least
2410% of the registered electors of the borough is filed with the
25council, the sale shall be stayed pending a referendum on the
26ordinance.

27(b) Protest.--The following shall apply to a protest:

28(1) The borough secretary, within five days following
29the filing of the protest, shall certify to the county board
30of elections a copy of the ordinance and the fact of the

1protest, together with the number of signers of the protest,
2and the county board of elections shall direct a referendum
3to be held on the matter at a special election to be held at
4the time of the next general or municipal or primary election
5occurring not less than 60 days from the date of the
6certification by the borough secretary.

7(2) The referendum shall be conducted by the county
8board of elections in the manner provided by the act of June
93, 1937 (P.L.1333, No.320), known as the Pennsylvania
10Election Code, for the holding of special elections. The
11ballot used when voting upon the question shall contain a
12question stating the nature and purpose of the ordinance and
13provide that a "yes" vote shall be to sustain the ordinance
14and a "no" vote shall be to reject it.

15(3) If more electors vote to sustain the ordinance than
16to reject it, the ordinance shall take effect immediately. If
17more electors shall vote to reject the ordinance than to
18sustain it, the ordinance shall be null and void and shall
19not take effect.

20SUBCHAPTER A.1

21ACQUISITION BY EMINENT DOMAIN

22Sec.

232411. Appropriation of lands and waters.

242412. Agreements as to damages.

252413. (Reserved).

26§ 2411. Appropriation of lands and waters.

27A borough desiring to build a water system or to improve its
28water supply may appropriate springs, streams, rivers or creeks
29and lands, easements and rights-of-way, within or without its
30limits. If the appropriation is outside its limits, the

1appropriation shall be in compliance with 26 Pa.C.S. § 206
2(relating to extraterritorial takings). For the purpose of
3conducting water obtained outside its limits, a borough may lay
4pipes under and over any lands, rivers, streams, bridges,
5highways and under railroads. No water appropriated under this
6section shall be used in a manner as to deprive the owner of the
7water of the free use and enjoyment of the water for domestic or
8farm purposes. The exercise of the powers in this section shall
9be subject to any required approvals or permits from the
10Department of Environmental Protection or other Federal or State
11entity.

12§ 2412. Agreements as to damages.

13Prior to any appropriation under section 2411 (relating to 
14appropriation of lands and waters), the borough shall attempt to
15agree with the owner as to the damage done or likely to be done.
16If the parties cannot agree, the borough shall proceed pursuant
17to 26 Pa.C.S. (relating to eminent domain).

18§ 2413. (Reserved).

19SUBCHAPTER A.2

20ACQUISITION BY PURCHASE AFTER APPRAISEMENT

21Sec.

222421. Petition to court.

232422. Appointment of appraisers.

242423. Powers of appraisers.

252424. Appeal from appraisement.

262425. Authority to purchase and consent to sell.

272426. Bond issue and limitations.

282427. (Reserved).

29§ 2421. Petition to court.

30If a borough desires to own and operate a water system owned

1by any person, firm or corporation, the borough may present its
2petition to the court of common pleas of the county where the
3water system is located, setting forth that:

4(1) The borough desires to own the water system.

5(2) It will be necessary to issue bonds.

6(3) A value should be placed upon the water system,
7including all property, real and personal, used in connection
8with the water system.

9§ 2422. Appointment of appraisers.

10(a) Valuation.--The court of common pleas shall appoint
11three civil engineers as appraisers to value and appraise:

12(1) The water system.

13(2) The property used in connection with the water
14system.

15(3) The contracts or agreements with municipalities.

16(b) Report.--The civil engineers shall file their report in
17the court within three months after their appointment unless the
18time is extended by the court.

19§ 2423. Powers of appraisers.

20The appraisers shall have the following powers:

21(1) To access the books and records of the person, firm
22or corporation owning the water system to inform themselves
23as to the income and value of the water system.

24(2) To administer oaths and to take the testimony of
25witnesses.

26(b) Report.--The report of the appraisers shall be final
27unless the report is appealed.

28§ 2424. Appeal from appraisement.

29(a) Filing of petition.--Within ten days after notice of the
30filing of any report in the court of common pleas, either party

1may appeal from the appraisement by filing a petition for a
2hearing before the court alleging an undervaluation or
3overvaluation of the property.

4(b) Hearing.--The court shall fix a time when the appeal may
5be heard, giving at least ten days' notice to the parties, and,
6upon hearing, the court of common pleas shall have power to
7affirm or modify the report as the court deems just and proper.

8§ 2425. Authority to purchase and consent to sell.

9(a) Authority to purchase.--After the value is finally
10determined, the borough is authorized to buy the water system at
11the valuation fixed.

12(b) Consent to sell.--The person, firm or corporation owning
13the water system shall, within ten days after notice, file in
14the court of common pleas its consent to sell and convey its
15water system and property to the borough at the valuation fixed.
16In default of the filing of the consent, the person, firm, or
17corporation shall cease to have any exclusive privilege of
18supplying the borough or the citizens of the borough with water,
19and the borough may install the water system as may be necessary
20for the accommodation of the public.

21§ 2426. Bond issue and limitations.

22(a) Bond issue.--For the purpose of purchasing a water
23system, the borough may issue utility bonds in the manner
24provided by 53 Pa.C.S. Pt. VII Subpt. B (relating to
25indebtedness and borrowing).

26(b) Limitations.--The bonds shall not exceed in amount the
27value fixed by the appraisers or the court of common pleas. The
28proceeds of the sale of the bonds shall be used exclusively for
29the purpose of paying for the property acquired.

30§ 2427. (Reserved).

1SUBCHAPTER A.3

2POWER TO LEASE WATER SYSTEM

3Sec.

42431. Lease of water system.

52432. Term of lease and rental.

62433. Operation of property.

72434. (Reserved).

8§ 2431. Lease of water system.

9The council of a borough may enter into a contract with any
10individual, partnership, association or corporation for the
11leasing of a water system of the individual, partnership,
12association or corporation.

13§ 2432. Term of lease and rental.

14The lease term may be for a term of years and at a rental
15price as shall be agreed upon by the borough and the individual,
16copartnership, association or corporation.

17§ 2433. Operation of property.

18A borough shall have the same powers in operating a leased
19water system as it would have in operating a purchased or
20condemned water system.

21§ 2434. (Reserved).

22SUBCHAPTER A.4

23JOINT WATER SYSTEM

24Sec.

252436. Joint acquisition and construction.

262437. Permits.

272438. Joint commission.

28§ 2436. Joint acquisition and construction.

29A borough may join with one or more municipal corporations in
30the construction or acquisition and maintenance of a water

1system.

2§ 2437. Permits.

3The construction of a water system shall be commenced only
4after plans for the water system have been filed with the
5Department of Environmental Protection and, if required by law,
6other Federal or State entities and permits issued in accordance
7with law.

8§ 2438. Joint commission.

9(a) General rule.--The municipal corporations joining in the
10construction or acquisition and maintenance of a water system
11may, by ordinance, provide for the appointment of a joint
12commission of a water system in order to facilitate the
13construction, operation and maintenance of the water system and
14to secure preliminary surveys and estimates.

15(b) Function.--The joint commission shall act generally as
16the advisory and administrative agency in the construction of
17the improvement and its subsequent operation and maintenance.

18(c) Composition.--The joint commission shall be composed of
19one representative from each of the joining municipal
20corporations.

21(d) Term of members.--The members of the joint commission
22shall serve for terms of six years each from the dates of their
23respective appointments and until their successors are
24appointed.

25(e) Officers.--The joint commission shall organize by the
26election of a chair, secretary and treasurer. The secretary and
27treasurer may be the same person.

28(f) Ordinance provisions.--The municipal corporations may,
29in the ordinances creating the joint commission, authorize it to
30appoint an engineer, a solicitor and other assistants as are

1deemed necessary and agree to share the compensation for
2attending its meetings as shall be fixed in the budget prepared
3by the commission and submitted to and adopted by the joining
4municipal corporations.

5(g) Compensation limitation and expenses.--The budget item
6providing for the compensation to the members for attending
7meetings shall not exceed $500 per year, but members shall be
8entitled to actual expenses to be paid by the respective
9municipal corporations that the members represent. The fee for
10each attendance at meetings shall be stipulated, and no member
11shall be paid a fee for any meeting the member does not attend.

12SUBCHAPTER A.5

13CONDEMNATION OF LANDS FOR ROAD

14PURPOSES AND TO PREVENT CONTAMINATION

15Sec.

162441. Acquisition of land.

172442. Filing maps and plans.

182443. (Reserved).

192444. (Reserved).

20§ 2441. Acquisition of land.

21(a) Acquisition for construction of roads.--If a borough
22finds it necessary, when storing water for supply to the public,
23to occupy and overflow portions of any public road with water or
24if any public road leads into or crosses over any reservoir used
25for the storage of water, the borough shall, at its own expense,
26reconstruct or build a road in a favorable location, which shall
27be in the same or better condition as the original road. A
28borough is authorized to condemn land for these purposes if an
29agreement as to price cannot be reached with the landowner.

30(b) Land outside borough limits.--A condemnation of land

1outside the borough limits shall be in conformity with 26
2Pa.C.S. § 206 (relating to extraterritorial takings).

3(c) Acquisition to prevent contamination.--A borough may
4acquire, by purchase or condemnation, land along and contiguous
5to streams of water or reservoirs from which water is taken for
6public use if necessary to preserve the water from
7contamination.

8§ 2442. Filing maps and plans.

9If a change is made under section 2441(a) (relating to 
10acquisition of land), the borough shall file in the court of
11common pleas a map or plan showing the change of road, and, if
12the road is outside the limits of the borough, it shall furnish
13to the governing body of the municipal corporation a copy of the
14map.

15§ 2443. (Reserved).

16§ 2444. (Reserved).

17SUBCHAPTER A.6

18COMMISSION OF WATER SYSTEM

19Sec.

202451. Commission.

212452. Terms of commissioners and compensation.

222453. Organization of commissioners.

232454. Powers of commission.

242455. Issue of bonds.

252456. Preparation of plans and specifications and contracts.

262457. Reports by commission.

272458. Care of funds.

28§ 2451. Commission.

29(a) Establishment.--If a borough owns and maintains a water
30system, there may be established in the borough, by ordinance, a

1commission of the water system, which shall have the power of a
2nonprofit corporation, to be composed of either three or five
3citizens of the borough appointed by the council who shall be
4known as commissioners of the water system.

5(b) Abolishment.--At any time after three years from the
6first appointment of the commissioners of the water system, the
7borough may abolish the commission by repealing the ordinance
8establishing the commission, which shall terminate the terms of
9the commissioners then in office.

10§ 2452. Terms of commissioners and compensation.

11(a) General rule.--If a borough establishes a commission of
12the water system, it shall be the duty of the council to appoint
13the commissioners of the water system.

14(b) Commissions with three commissioners.--If there are
15three commissioners, one shall be appointed to serve for one
16year, one for two years and one for three years. Annually
17thereafter, the council shall appoint one commissioner of the
18water system to serve a term of three years.

19(c) Commissions with five commissioners.--If there are five
20commissioners, one shall be appointed to serve for one year, one
21for two years, one for three years, one for four years and one
22for five years. Annually thereafter, the council shall appoint
23one commissioner of the water system to serve a term of five
24years.

25(d) Vacancy.--In case of a vacancy, the council shall fill
26the vacancy for the unexpired term.

27(e) Salary and expenses.--The commissioners of the water
28system may receive a salary for their services and shall be
29reimbursed by the borough for all expenses necessarily incurred
30in the performance of their duties.

1(f) Salary limitations.--The salary of the commissioners
2shall not exceed the following:

3(1) In service areas with fewer than 5,000 metered
4accounts, a maximum of $1,875 per year or $156.25 per month.

5(2) In service areas with 5,000 but fewer than 10,000
6metered accounts, a maximum of $2,500 per year or $208.33 per
7month.

8(3) In service areas with 10,000 but fewer than 15,000
9metered accounts, a maximum of $3,250 per year or $270.83 per
10month.

11(4) In service areas with 15,000 but fewer than 25,000
12metered accounts, a maximum of $4,125 per year or $343.75 per
13month.

14(5) In service areas with 25,000 but fewer than 35,000
15metered accounts, a maximum of $4,375 per year or $364.58 per
16month.

17(6) In service areas with 35,000 or more metered
18accounts, a maximum of $5,000 per year or $416.67 per month.

19§ 2453. Organization of commissioners.

20The commissioners of the water system shall meet within ten
21days after their first appointment and annually thereafter and
22organize by electing a president and secretary.

23§ 2454. Powers of commission.

24After organization, the commissioners shall take charge and
25control of the water system of the borough. The commission shall
26have the following powers:

27(1) To appoint all necessary officers and agents and
28take from the officers and agents security for the faithful
29performance of their duties as the commission deems proper.

30(2) To fix the salaries and wages of the officers and

1agents.

2(3) To provide for the repair, extension, improvement
3and maintenance of the water system and the construction of a
4new water system.

5(4) To collect water rents.

6(5) To make and establish the rates and conditions upon
7which water will be furnished to applicants, subject to any
8applicable approval, regulation or control imposed by 66
9Pa.C.S. Pt. I (relating to Public Utility Code).

10(6) To make bylaws and regulations for the economic and
11efficient management of the water system, which shall not be
12inconsistent with any of the laws of this Commonwealth or the
13rules and regulations of the Department of Environmental
14Protection. No bylaws or regulations shall become effective
15until they have been approved by the council and enacted as
16ordinances of the borough.

17§ 2455. Issue of bonds.

18The borough may, upon the request of the commissioners of the
19water system, issue general obligation or nondebt revenue bonds
20for the extension of the water system or the erection of a new
21water system. The bonds shall be designated "water system bonds"
22and shall be issued and sold in the manner provided by 53
23Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
24borrowing).

25§ 2456. Preparation of plans and specifications and contracts.

26(a) Preparation of plans and specifications.--The
27commissioners shall prepare plans and specifications of all work
28to be performed and materials necessary for the repair,
29maintenance and extension of the water system or the
30construction of a new water system.

1(b) Contracts.--The commissioners shall, after plans and
2specifications for the extension or the construction of a water
3system have been submitted to and approved by the Department of
4Environmental Protection and a permit has been granted as may be
5required by law:

6(1) Invite proposals for the performing of the work and
7the furnishing of materials.

8(2) Advertise for bids as required by law.

9(3) Let contracts to the lowest qualified and
10responsible bidder.

11(4) Take adequate security for the performance of the
12contracts and for the payment of all labor and materials.

13§ 2457. Reports by commission.

14The commissioners shall make a monthly report to the council
15of the receipts and disbursements during the preceding month and
16annually make a detailed report of the condition of the water
17system. Both the monthly and annual reports shall be deemed to
18be public records.

19§ 2458. Care of funds.

20(a) Collectors.--Collectors shall be appointed by the
21commissioners, in accordance with section 2454 (relating to 
22powers of commission), who shall collect all money for water
23rents.

24(b) Deposits.--The money collected shall be deposited weekly
25with the borough treasurer who shall return a receipt to the
26commissioners.

27(c) Use.--All money collected shall be kept in a separate
28fund and shall be used for the purpose of repairing, maintaining
29and extending the water system and the construction of a new
30water system. All money remaining after the expenditures shall

1be used solely for the payment of any indebtedness on the water
2system and any indebtedness incurred by the borough for
3constructing, maintaining, improving, enlarging or extending the
4water system.

5(d) Withdrawals.--No money shall be drawn from the fund
6except upon order countersigned by the president and secretary
7of the commission.

8SUBCHAPTER A.7

9WATER CONNECTIONS

10Sec.

112461. Ordinance.

122462. Notice and failure to make required connection.

132463. Water main tapping fees.

14§ 2461. Ordinance.

15(a) General rule.--Council may, by ordinance, require any
16owner of property to connect with and use a water system of the
17borough or municipal authority or a joint water board in either
18of the following cases:

19(1) Except as provided in subsection (b), if the
20property owner's principal building is located within 150
21feet of a water system or any part or extension of the
22system.

23(2) If the property owner's principal building has no
24supply of water which is safe for human consumption.

25(b) Exception.--A property owner who after July 16, 2012, is
26subject to mandatory connection under subsection (a)(1) shall
27not be required to connect to the water system in accordance
28with subsection (a) if all of the following conditions exist:

29(1) The water system or part or extension of the system
30that is within 150 feet of the principal building was in

1existence on July 16, 2012.

2(2) The principal building has its own supply of water
3which is safe for human consumption.

4(3) Prior to July 16, 2012, the property owner was not
5required to connect to the existing system.

6(c) Backflow prevention.--A borough may require any owner of
7property to install and maintain a backflow prevention device
8based on the degree of potential hazard of the connected
9property in accordance with the Pennsylvania Construction Code
10and regulations promulgated under that act.

11(d) Penalties.--A borough may assess penalties for the
12violation of ordinances pertaining to water connections or
13backflow prevention devices.

14§ 2462. Notice and failure to make required connection.

15An owner shall be given at least 45 days' notice of any
16ordinance requiring a water connection, and, upon failure of the
17owner to make the required connection, the borough may make the
18connection and collect the cost from the owner by a municipal
19claim or in an action of assumpsit. All connections required
20shall be uniform.

21§ 2463. Water main tapping fees.

22(a) General rule.--A borough may, by ordinance, provide for
23charging a tapping fee calculated in accordance with 53 Pa.C.S.
24§ 5607 (relating to purposes and powers) if the owner of any
25property connects the property with a water main constructed or
26acquired by the borough. The tapping fee shall be in addition to
27any charges assessed and collected against the property in the
28construction or acquisition of the water main by the borough.

29(b) Refund.--If a water main or part or extension owned by a
30borough has been constructed by the borough at the expense of a

1private person or corporation or has been constructed by a
2private person or corporation under the supervision of the
3borough at the expense of the private person or corporation, the
4borough shall have the right to charge a tapping fee calculated
5in accordance with 53 Pa.C.S. § 5607 and refund the tapping fee
6or any part of the tapping fee to the person or corporation who
7has paid for the construction of the water main or any part or
8extension. The total of the refunds shall never exceed the cost
9of the system or any part or extension to the person or
10corporation paying for the construction.

11SUBCHAPTER B

12(RESERVED)

13SUBCHAPTER C

14(RESERVED)

15SUBCHAPTER D

16(RESERVED)

17CHAPTER 24A

18MANUFACTURE AND SUPPLY OF ELECTRICITY

19Sec.

2024A01. Definitions.

2124A02. General powers.

2224A03. Specific powers.

2324A04. Municipal power agencies.

2424A05. Additional contracting authority.

25§ 24A01. Definitions.

26The following words and phrases when used in this chapter
27shall have the meanings given to them in this section unless the
28context clearly indicates otherwise:

29"Municipal power agency." A separate body politic and
30corporate under the laws of this Commonwealth created by

1agreement between or among two or more boroughs pursuant to
2section 24A04 (relating to municipal power agencies).

3"Project." Electric plants, hydroelectric plant works,
4system, facilities or real or personal property, together with
5their parts and appurtenances, used or useful in connection with
6the generation, production, transmission, purchase, sale,
7exchange or interchange of electric power or energy, or any
8interest therein or right to capacity thereof.

9"Revenue bond." An instrument imposing an obligation for the
10repayment of money borrowed, payable as to both principal and
11interest exclusively from the income and revenues derived from
12an interest in an electric plant or project.

13§ 24A02. General powers.

14(a) Electric plants and projects.--A borough may, either
15singly or jointly, manufacture or purchase electricity for the
16use of its inhabitants, own, construct, acquire by lease,
17purchase or otherwise gain an interest in, operate and manage or
18cause to be operated and managed an electric plant or project
19located within or without this Commonwealth. In the exercise of
20these powers, a borough may join with any other borough,
21political subdivision, agency or instrumentality of the Federal
22Government, State government, political subdivision of another
23state, private corporation empowered to supply electricity,
24electric cooperative corporation formed under 15 Pa.C.S. Ch. 73
25Subchs. A (relating to preliminary provisions) and B (relating 
26to powers, duties and safeguards) or previously formed under the
27former act of June 21, 1937 (P.L.1969, No.389), known as the
28Electric Cooperative Corporation Act, or an electric cooperative
29corporation in another state.

30(b) Contracts for supplying electricity.--A borough owning

1or operating an electric plant may make contracts for supplying
2electricity for commercial purposes outside the limits of the
3borough, if the borough has received the consent of the other
4municipal governing body and, if applicable, subject to 66
5Pa.C.S. Pt. I (relating to Public Utility Code).

6(c) Additional sources.--A borough may conduct studies as
7necessary to determine the feasibility and cost of any
8additional sources and supplies of electric power and energy and
9may cooperate with private power companies, other boroughs,
10electric cooperative corporations and other public or private
11electric power entities, within or without this Commonwealth, in
12the development of electric power and energy.

13(d) Consent of borough to supply electricity.--No person,
14partnership or corporation may introduce electric current for
15light, heat or power purposes, without the consent of the
16council, into the limits of any borough that is furnishing
17electric current to its inhabitants. This subsection shall not
18apply to any person, partnership or corporation manufacturing
19electricity exclusively for its own use.

20(e) Corporate rights.--Nothing in this chapter may conflict
21with the corporate rights of a corporation empowered to supply
22electricity in the territory adjacent to the borough or with the
23rights of any other municipality.

24(f) Restrictions.--A borough shall not become a stockholder
25in, obtain or appropriate money for or loan its credit to a
26corporation, association, institution or individual or otherwise
27act contrary to the provisions of section 9 of Article IX of the
28Constitution of Pennsylvania.

29(g) General powers.--A borough, through its governing body,
30shall have the power to do and accomplish all actions reasonably

1necessary and incident to the administration, operation and
2management of a plant or project.

3§ 24A03. Specific powers.

4(a) Specific powers enumerated.--In addition to exercising
5its general powers under section 24A02 (relating to general
6powers), a borough, through its governing body, shall have the
7following powers:

8(1) To contract for the purchase, sale, exchange,
9interchange, wheeling, pooling or transmission of electric
10power and energy or for the right to the capacity of electric
11power, inside and outside of this Commonwealth, to and from
12any public or private power entities, private power
13companies, other boroughs and electric cooperative
14corporations.

15(2) To regulate the use of and the charge for
16electricity furnished by the borough for use throughout the
17borough. A borough may fix, establish, maintain and collect
18or authorize by contract or otherwise the establishment,
19levying and collection of the rates, fees, rental or other
20charges, including connection charges, for the services
21afforded by or in connection with any properties which the
22borough constructs, erects, owns, acquires, operates or
23manages and for the sale or transmission of electric energy
24and power as it deems necessary, proper, desirable and
25reasonable.

26(3) To procure insurance against any losses in
27connection with its property, operations or assets in the
28amounts and from the insurers as the governing body or bodies
29deem desirable.

30(4) To contract for and to accept any gifts, grants or

1loans of funds, property or financial or other aid in any
2form, from the United States or any agency or instrumentality
3of the United States, or from any other source.

4(5) To lease, or otherwise grant the use of, and to make
5charges for the use of any property or facility owned or
6controlled by the borough.

7(6) To procure from the United States or any agency or
8instrumentality of the United States, or from any state or
9agency or instrumentality of a state, any consents,
10authorizations or approvals which may be requisite to enable
11ownership, operation, construction or repair.

12(7) To borrow money and from time to time to issue
13revenue bonds and to enter into agreements with the
14purchasers of the revenue bonds. A borough that incurs debt
15for the construction or purchase of an electric plant, or
16land on which to construct an electric plant, or gains an
17interest in an electric plant or project under section 24A02
18shall incur the debt in accordance with and to the extent
19permitted by 53 Pa.C.S. Pt. VII Subpt. B (relating to
20indebtedness and borrowing). Interest and principal paid on
21revenue bonds issued by a borough under this chapter shall be
22exempt from all State taxes of any kind or nature.

23(8) To mortgage a property acquired or owned under
24section 24A02 to secure the payment of its revenue bonds or
25other obligations issued to finance the acquisition,
26ownership or repair.

27(9) To sell, by ordinance, all or part of its electric
28works to a purchaser for the sale price agreed upon by the
29parties. After the sale, the price shall be deemed to be the
30purchaser's original cost less accrued depreciation of the

1plant at the date of purchase.

2(10) To purchase the electric works of any person,
3partnership or electric company organized under the laws of
4this Commonwealth that is furnishing electricity to the
5borough or the public within the borough. The borough and the
6person, partnership or a majority in value of the
7stockholders of a corporation may agree upon the purchase
8price, except that, upon failure of the parties to agree on
9the price, the borough may proceed according to 26 Pa.C.S.
10(relating to eminent domain).

11(b) Eminent domain.--In the erection and extension of an
12electric plant or project under this chapter and for all other
13purposes authorized by this part, a borough may enter upon,
14appropriate, injure or destroy private lands, property or
15material according to the proceedings set forth in 26 Pa.C.S. A
16borough shall not have the power of condemnation with regard to
17any property of a private or public retail electric supplier
18which geographically lies beyond the boundaries of the corporate
19limits of the borough.

20§ 24A04. Municipal power agencies.

21(a) General rule.--Two or more boroughs may form a municipal
22power agency by the execution of an agency agreement authorized
23by an ordinance of the governing bodies of each borough. The
24agency agreement shall state:

25(1) The name of the agency, which shall include the
26words "municipal power agency."

27(2) The names of the boroughs which have approved the
28agency agreement and are initial members of the municipal
29power agency.

30(3) That the municipal power agency is created pursuant

1to the authority granted by this part.

2(4) The names and addresses of the persons initially
3appointed by the governing bodies to act as representatives
4to the municipal power agency from the member boroughs.

5(5) The limitations, if any, placed on the powers or
6terms of representatives appointed by the governing bodies of
7the member boroughs.

8(6) The names and addresses of the initial board of
9directors of the municipal power agency, if known by the time
10of filing, which shall be constituted by not less than five
11persons who are representatives of the member boroughs,
12selected by the vote of a majority of the representatives.

13(b) Certificate of incorporation.--The agency agreement
14under subsection (a) and a certified copy of the ordinance of
15the governing body of each borough shall be filed for record
16with the Secretary of the Commonwealth. If the agency agreement
17meets the requirements of this section, the Secretary of the
18Commonwealth shall record the agreement and issue and record a
19certificate of incorporation which shall be conclusive proof of
20substantial compliance with the requirements of this section.
21The certificate shall state the name of the municipal power
22agency and the fact and date of incorporation. Upon the issuance
23of the certificate of incorporation, the existence of the
24municipal power agency as a political instrumentality of the
25Commonwealth shall begin.

26(b.1) Open meetings.--Regular and special meetings of the
27representatives of member boroughs and the board of directors as
28provided in this section shall be subject to 65 Pa.C.S. Ch. 7
29(relating to open meetings).

30(c) Bylaws.--The bylaws of the municipal power agency and

1any amendments shall be proposed by the board of directors and
2shall be adopted by a majority vote of the representatives of
3the member boroughs unless the agency agreement requires a
4greater vote at a meeting held after notice. Subject to the
5provisions of the agency agreement, the requirements of this 
6part and the laws of this Commonwealth, the bylaws shall state:

7(1) The qualifications of member boroughs and
8limitations, if any, upon their number.

9(2) Conditions of membership, if any.

10(3) The manner and time of calling regular meetings of
11representatives of member boroughs.

12(4) The manner and conditions of termination of
13membership.

14(5) Other provisions for regulating the affairs of the
15municipal power agency as the representatives of the member
16boroughs shall determine to be necessary.

17(d) Registered office.--Every municipal power agency shall
18maintain an office in this Commonwealth to be known as its
19registered office. When a municipal power agency desires to
20change the location of its registered office, it shall file with
21the Secretary of the Commonwealth a certificate of change of
22location of registered office, stating the new location by
23address, including street and number, if any, and the effective 
24date of change. When the certificate of change of location has
25been duly filed, the board of directors may make the change
26without any further action.

27(e) Directors.--The following apply:

28(1) Each of the directors shall hold office for the term
29for which the director has been selected and until a
30successor has been selected and has qualified. Directors

1shall discharge their duties in good faith and with that
2diligence and care which an ordinary prudent person in a like
3position would exercise under similar circumstances.

4(2) The agency agreement or the bylaws may prescribe the
5number, term of office, powers, authority and duties of
6directors, the time and place of their meetings and other
7regulations concerning directors in a manner consistent with
8law.

9(3) Except where the agency agreement or bylaws
10prescribe otherwise, the term of office of a director shall
11be for one year.

12(4) Except where the agency agreement or bylaws
13prescribe otherwise, a meeting of the board of directors may
14be held at any place within this Commonwealth designated by
15the board, after notice, and an act of the majority of the
16directors present at a meeting at which a quorum is present
17is the act of the board.

18(5) Except where the agency agreement or bylaws
19prescribe otherwise, any vacancy occurring on the board shall
20be filled by a person nominated by the remaining members of
21the board and elected by a majority of representatives of the
22member boroughs.

23(f) Officers.--Except where the agency agreement or bylaws
24prescribe otherwise, the board of directors shall appoint a
25president from its membership and a secretary, treasurer and any
26other officers or agents deemed necessary who may, but need not
27be, borough representatives or directors. An officer may be
28removed with or without cause by the board of directors.
29Officers of the municipal power agency shall have the authority
30and duties in the management of the business of the municipal

1power agency that the agency agreement or bylaws prescribe or,
2in the absence of the prescription, as the board of directors
3determines.

4(g) Representatives of member boroughs.--The following
5apply:

6(1) Except as otherwise provided in the agency agreement
7or the bylaws, the duly authorized representatives of each
8member borough shall act as and vote on behalf of that
9borough.

10(2) Except where the agency agreement or bylaws provide
11otherwise, representatives of the member boroughs shall hold
12at least one meeting each year for the election of directors
13and for the transaction of any other business.

14(3) Except where the agency agreement or bylaws
15prescribe otherwise, special meetings of the representatives
16may be called for any purpose upon written request to the
17president or secretary to call the meeting. The officer shall
18give notice of the meeting to be held between ten and 60 days
19after receipt of the request.

20(4) Unless the agency agreement or bylaws provide for a
21different percentage, a quorum for a meeting of the
22representatives of the member boroughs is a majority of the
23total members, and a quorum for meetings of the board of
24directors is a majority of the membership of the board.

25(h) Amendment of agency agreement.--The agency agreement may
26be amended as proposed at any meeting of the representatives of
27the members for which notice stating the purpose shall be given
28to each representative and, unless the agency agreement or
29bylaws require otherwise, shall become effective when ratified
30by ordinances of a majority of the governing bodies of the

1member boroughs. Each amendment and the ordinances approving it
2shall be filed for record with the Secretary of the
3Commonwealth.

4(i) Appropriations.--Each member borough shall have full
5power and authority, within budgetary limits applicable to it,
6to appropriate money for the payment of expenses of the
7formation of the municipal power agency and of its
8representative in exercising its functions as a member of the
9agency.

10(j) General powers.--A municipal power agency may own,
11construct, acquire by lease, purchase or otherwise gain an
12interest by itself or as co-owner or tenant in common and
13operate and manage or cause to be operated and managed an
14electric plant or project located within or without this
15Commonwealth jointly with any political subdivision, subdivision
16of the Federal Government, State government, political
17subdivision of another state, private corporation empowered to
18supply electricity, electric cooperative corporation formed
19under the former act of June 21, 1937 (P.L.1969, No.389), known
20as the Electric Cooperative Corporation Act, or electric
21cooperative corporation in another state.

22(k) Specific powers.--All powers of a municipal power agency
23shall be exercised by its board of directors, unless otherwise
24provided by the agency agreement or bylaws. A municipal power
25agency shall have the power to do and accomplish all actions
26reasonably necessary and incident to the ownership,
27construction, acquisition, administration, operation and
28management of an electric plant or project. Among the specific
29powers of a municipal power agency shall be the following:

30(1) To sue and be sued.

1(2) To enter into contracts.

2(3) To cooperate with private power companies, boroughs,
3electric cooperative corporations and other public or private
4electric power entities inside and outside of this
5Commonwealth in the development of electric power and energy.

6(4) To make the studies as may be necessary to determine
7the feasibility and cost of any additional sources and
8supplies of electric power and energy.

9(5) To contract for the purchase, sale, exchange,
10interchange, wheeling, pooling or transmission of electric
11power and energy or for the right to the capacity thereof,
12inside and outside of this Commonwealth, to and from any
13public or private power entities, private power companies,
14other boroughs and electric cooperative corporations.

15(6) To procure insurance against any losses in
16connection with its property, operations or assets in amounts
17and from insurers as the board of directors deems desirable.

18(7) To contract for and to accept any gifts, grants or
19loans of funds, property or financial or other aid in any
20form from the United States or any agency or instrumentality
21of the United States or from any other source.

22(8) To acquire, hold, use, operate and dispose of
23personal property.

24(9) To acquire, hold, use and dispose of its income,
25revenues, funds and money.

26(10) To acquire, own, use, lease, operate and dispose of
27real property and interests in real property and to make
28improvements to the real property.

29(11) To grant the use, by lease or otherwise, and to
30make charges for the use of any property or facility owned or

1controlled by it.

2(12) To procure from the United States or any agency or
3instrumentality of the United States, or from any state or
4agency or instrumentality of a state, any consents,
5authorizations or approvals which may be requisite to enable
6ownership, operation, construction or repair.

7(13) To borrow money and from time to time to issue
8revenue bonds and to enter into agreements with the
9purchasers of the revenue bonds.

10(14) To invest funds not required for immediate use,
11including, but not limited to, proceeds from the sale of
12revenue bonds. The power of a municipal power agency to
13invest shall be the same as that of a borough, as exercised
14by the council pursuant to sections 1005(6) (relating to
15powers of council) and 1316 (relating to investment of
16funds).

17(15) To mortgage any property acquired or owned to
18secure the payment of its revenue bonds or other obligations
19issued to finance the acquisition, ownership or repair.

20(l) Eminent domain.--

21(1) Except as provided under paragraph (2), in the
22erection and extension of an electric plant or project and
23for all other purposes authorized by this part, a municipal
24power agency may enter upon, appropriate, injure or destroy
25private lands, property or material according to the
26proceedings set forth in 26 Pa.C.S. (relating to eminent
27domain).

28(2) A municipal power agency shall not have the power of
29condemnation with regard to any property of a private or
30public retail electric supplier which geographically lies

1beyond the boundaries of the corporate limits of its member
2boroughs.

3(m) Revenue bonds.--A municipal power agency which gains an
4interest in an electric plant or project may pay all or part of
5the cost from the revenues derived from the sale of revenue
6bonds issued in the manner provided by 53 Pa.C.S. Pt. VII Subpt.
7B (relating to indebtedness and borrowing).

8(n) Bylaws.--A municipal power agency may make and enforce
9bylaws or rules which it deems necessary or desirable. A
10municipal power agency may establish, fix, levy and collect or
11may authorize, by contract, franchise, lease or otherwise, the
12establishment, levying and collection of rents, rates and other
13charges for the services afforded by the municipal power agency,
14including connection for the services afforded by the municipal
15power agency, including connection charges or by or in
16connection with any project or properties which it may
17construct, erect, acquire, own, operate or control, or with
18respect to which it may have any interest or any right to
19capacity thereof, and for the sale of electric energy or of
20generation or transmission capacity or services as it may deem
21necessary, proper, desirable and reasonable. Rents, rates and
22other charges shall be at least sufficient to meet expenses
23thereof, including reasonable reserves, interest and principal
24payments.

25(o) State tax exemptions.--Interest and principal paid on
26revenue bonds issued by a municipal power agency shall be exempt
27from all State taxes of whatsoever kind or nature.

28§ 24A05. Additional contracting authority.

29(a) Additional contracting authority.--In addition to the
30authority provided under section 24A02 (relating to general

1powers), a borough that, on October 27, 2010, owned or operated
2electric generation or distribution facilities and a borough
3that is a member of a nonprofit membership corporation may
4contract with the nonprofit membership corporation for the
5following:

6(1) The development of electric power and associated
7energy, including the conduct of investigations or studies
8necessary to determine the feasibility and cost of additional
9sources and supplies of electric power and associated energy.

10(2) The purchase, sale, exchange, interchange, wheeling,
11pooling or transmission of electric power and associated
12energy or the right to the capacity from sources and projects
13in this Commonwealth or another state for a period not to
14exceed 50 years.

15(b) Contract requirements.--A contract under subsection (a)
16(2) shall include the purpose of the contract, the duration of
17the contract and available procedures to terminate the contract
18subsequent to the repayment of all indebtedness secured under
19the contract.

20(c) Minimum quantity of electric power and energy.--If a
21borough is a member of a nonprofit membership corporation, a
22contract under subsection (a)(2) may, if specifically set forth
23in the contract, obligate the borough to:

24(1) Take and pay for a minimum quantity of electric
25power and associated energy if the power and energy are
26available for delivery.

27(2) In connection with a project owned by the nonprofit
28membership corporation or in which the nonprofit membership
29corporation obtains an undivided ownership interest, take or
30pay for a minimum amount of electric power and energy.

1(3) Pay for electric power and energy only if utilized
2by the borough.

3(d) Applicability of minimum requirements.--

4(1) The authority under subsection (c)(1) shall apply
5whether or not the borough accepts delivery of the power and
6energy.

7(2) The authority under subsection (c)(2) shall apply
8notwithstanding the suspension, interruption, interference or
9reduction or curtailment of the output of the project or the
10electric power and energy contracted for and whether or not:

11(i) the electric power and energy is available for
12delivery to the borough; or

13(ii) the borough accepts delivery of the electric
14power and energy.

15(e) Take-or-pay or take-and-pay arrangements.--No borough
16may be obligated under a take-or-pay or take-and-pay arrangement
17entered into with a nonprofit membership corporation in which
18the borough maintains membership unless that obligation is
19expressly authorized by an act of the council.

20(f) Restrictions.--A nonprofit membership corporation shall
21not:

22(1) Condition membership in the nonprofit membership
23corporation on the inclusion of any take-or-pay or take-and-
24pay obligations in a contract under subsection (a)(2).

25(2) Except as set forth in subsection (g), require take-
26or-pay or take-and-pay obligations in a contract with a
27borough unless the contract meets the criteria of subsection
28(c)(1) or (2).

29(g) Future contracts.--A borough that is a member of a
30nonprofit membership corporation may enter into future power

1supply contracts, contract renewals or contract extensions with
2the nonprofit membership corporation under subsection (c)(3):

3(1) with no take-or-pay or take-and-pay obligations as
4permitted by subsection (c)(1) and (2); and

5(2) without prejudice or discrimination as compared to
6any other borough which chooses to enter into contracts
7permitted by subsection (c)(1) and (2) with the nonprofit
8membership corporation.

9(h) Future power supply contract terms.--In order to carry
10out subsection (g), a nonprofit membership corporation which
11provides or offers electric power and associated energy to a
12member borough in this Commonwealth under subsection (a)(2)
13shall offer, to all of its member boroughs in this Commonwealth,
14future power supply contract terms, contract renewals or
15contract extensions under subsection (c)(3) on a comparable and
16nondiscriminatory basis and with similar terms and conditions to
17future power supply contract terms, contract renewals or
18contract extensions that would be appropriate under subsection
19(c)(3) which the nonprofit membership corporation
20contemporaneously offers to its members in other states.

21(i) Payments.--All obligations under a contract under
22subsection (a)(2) shall be paid from revenues derived from the
23operation of the borough's electric system, and payments shall
24be an operating expense of the borough's electric system.

25(j) Obligations of other entities.--If explicitly set forth
26in a contract under subsection (a)(2), a borough may agree to
27assume, prorate or otherwise become liable for the obligations
28of another borough of this Commonwealth or of a political
29subdivision of another state that is a member of the nonprofit
30membership corporation if the borough or other political

1subdivision defaults in the payment of its obligations for the
2purchase of the electric power and associated energy. The
3contract may include provisions to permit a borough to succeed
4to the rights and interests of the defaulting borough or
5political subdivision to purchase electric power and associated
6energy. A borough's liability for the obligations of a
7defaulting borough of this Commonwealth or a political
8subdivision of another state shall not exceed 25% of a borough's
9initial nominal entitlement to electric power and associated
10energy under the contract.

11(k) Pledge of borough property prohibited.--None of the
12obligations under the contract may constitute a legal or
13equitable pledge, charge, lien or encumbrance on any property of
14the borough or on any of its income, receipts or revenues,
15except revenues of its electric system. The full faith and
16credit and the taxing power of the borough shall not be pledged
17for the payment of an obligation under the contract.

18(l) Construction.--This section is intended to add to the
19powers and rights of a borough, and nothing in this section may
20be construed to limit either the general or specific powers or
21rights of a borough set forth in this title.

22(m) Definition.--As used in this section, the term
23"nonprofit membership corporation" means an entity the
24membership of which:

25(1) consists solely of Pennsylvania boroughs, such as a
26consortium, buying group or municipal power agency under
27section 24A04 (relating to municipal power agencies); or

28(2) consists of Pennsylvania boroughs and political
29subdivisions of another state or states.

30CHAPTER 25

1(RESERVED)

2CHAPTER 25A

3AIRPORTS

4Sec.

525A01. Authority to secure lands for airports.

625A02. Authority to establish and lease airports.

725A03. Joint airports.

8§ 25A01. Authority to secure lands for airports.

9A borough is authorized and empowered to acquire by lease,
10purchase or condemnation any land lying either within or without
11the limits of the borough which, in the judgment of the council,
12may be necessary and desirable for the purpose of establishing
13and maintaining municipal airport facilities. The proceedings
14for the condemnation of land under the provisions of this 
15chapter and for the assessment of damages for property taken,
16injured or destroyed shall be conducted in the manner provided
17by 26 Pa.C.S. (relating to eminent domain). The title acquired
18by the borough exercising the power of condemnation shall be a
19title in fee simple.

20§ 25A02. Authority to establish and lease airports.

21A borough acquiring land under the provisions of this chapter
22is authorized and empowered to establish, equip, condition,
23operate and maintain the land as a municipal airport and may
24lease the land, or any part, to any individual or corporation
25desiring to use the same for aviation purposes. A borough may
26enter into a contract, in the form of a lease, providing for the
27use of the land, or any part, by the Federal Government for its
28use of the land for aviation purposes upon nominal rental or
29without consideration.

30§ 25A03. Joint airports.

1In accordance with the powers in this chapter, a borough may,
2jointly with another municipality, acquire land for aviation
3purposes and may jointly operate and maintain the airport on the
4terms and conditions as agreed upon by the governing bodies of
5the borough and other municipality.

6CHAPTER 26

7WHARVES AND DOCKS

8Sec.

92601. Powers.

102602. (Reserved).

112603. Proceedings.

122604. Assessment of damages.

132605. Leases.

142606. Market houses, terminal sheds, tracks and facilities.

152607. Public use preserved.

162608. Saving clause.

17§ 2601. Powers.

18(a) Construction and repair.--Boroughs shall have the power
19to construct and repair wharves and docks and may acquire, by
20purchase or condemnation, real estate along navigable waters and
21within the borough limits as needed for the construction. Prior
22to any condemnation, a borough shall enact an ordinance
23authorizing the same.

24(b) Additional powers.--Boroughs have the following
25additional powers:

26(1) To regulate, fix and enforce the collection of the
27rate of wharfage for all public wharves and docks within its
28limits.

29(2) To regulate the anchoring of vessels, boats or rafts
30within the borough limits.

1(3) To regulate the depositing of freight on the public
2wharves.

3§ 2602. (Reserved).

4§ 2603. Proceedings.

5The proceedings before the viewers for the assessment of
6damages for property taken, injured or destroyed under this 
7chapter and the proceedings on their report shall be as provided
8in 26 Pa.C.S. (relating to eminent domain). The costs of all
9proceedings, including the compensation of the viewers, shall be
10paid by the borough.

11§ 2604. Assessment of damages.

12(a) General rule.--The damages for the taking or injury of
13any property for use as a wharf, pier or bulkhead shall include
14full compensation for the value of the property taken or
15injured.

16(b) Partial taking.--If the property taken or injured shall
17constitute a part of a plant used as an entirety, the damage to
18the owner or tenant shall be assessed by taking the difference
19in market value of the plant as a whole, including buildings and
20all equipment installed and used in the plant, before and after
21taking or injury, and notwithstanding that part of the plant may
22be separated by a street or highway.

23§ 2605. Leases.

24Any borough may lease any wharf or part and collect rent by
25distress or otherwise. No one term of a lease shall be for a
26period longer than three years.

27§ 2606. Market houses, terminal sheds, tracks and facilities.

28(a) Market houses and terminal sheds.--Boroughs may erect
29and maintain market houses and terminal sheds on wharves for the
30receipt and distribution of freight and express.

1(b) Tracks and facilities.--Boroughs may construct railroad
2and street railway tracks or other facilities on wharves to
3provide for the convenient hauling of freight or express matter
4and may collect rents, tolls or charges for the use of market
5houses, terminal sheds, tracks and facilities. No permit other
6than a license revocable at will shall be granted, and no
7exclusive permit for the use of the facilities shall be granted.

8§ 2607. Public use preserved.

9No structure erected and no right granted under the powers
10conferred under this chapter shall interfere with the public use
11of wharves for waterborne commerce.

12§ 2608. Saving clause.

13Nothing contained in this chapter shall be construed as
14conferring upon boroughs any power conferred by existing law on
15the Navigation Commission for the Delaware River and its
16Navigable Tributaries or to permit boroughs to do any act or to
17enact any ordinance inconsistent with the laws, rules and
18regulations relating to the commission.

19CHAPTER 27

20RECREATION PLACES, SHADE TREES AND FORESTS

21Subchapter

22A. Parks and Playgrounds

23B. Shade Trees

24C. Forests

25SUBCHAPTER A

26PARKS AND PLAYGROUNDS

27Sec.

282700. Definitions.

292701. General powers.

302702. Power to acquire.

12703. Appropriation of private property.

22704. (Reserved).

32705. (Reserved).

42706. (Reserved).

52707. (Reserved).

62708. Recreation board or other authority.

72709. Establishment of recreation board.

82710. Organization of board and employees.

92711. (Reserved).

102712. (Reserved).

112713. Lease for school athletics.

12§ 2700. Definitions.

13The following words and phrases when used in this chapter
14shall have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Recreation places." Public parks, parkways and playgrounds,
17playfields, swimming pools, public baths, bathing places, indoor
18recreation centers and gymnasiums.

19§ 2701. General powers.

20(a) General rule.--A borough may provide, improve, maintain
21and regulate recreation places within the borough limits or in
22any adjacent municipal corporation if the other municipal
23corporation shall, by ordinance, signify its consent to the 
24provision, improvement, maintenance or regulation.

25(b) Acquisition.--A borough may enter upon, appropriate and
26acquire by gift, devise, purchase, lease or otherwise private
27property or may designate and set apart any lands or buildings
28owned by the borough and not dedicated or devoted to other
29public uses for the purpose of making, enlarging and maintaining
30recreation places.

1(c) Joint action.--A borough may join with one or more
2political subdivisions to acquire, create, equip, improve,
3regulate, maintain and operate any recreation place in
4accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
5intergovernmental cooperation).

6(d) Limitation.--No borough, acting individually or jointly,
7may acquire private property within the limits of another
8municipal corporation for the purposes designated in this
9section without the consent of the governing body of the
10municipal corporation in which the property is located in
11accordance with 26 Pa.C.S. (relating to eminent domain).

12(e) Expenses.--All expenses incurred in the maintenance,
13improvement, acquisition or operation of recreation places, as
14provided in this section, shall be payable from the treasury of
15the borough or the borough and other political subdivisions as
16may be provided for by agreement of the governing bodies. The
17council may annually appropriate, and cause to be raised by
18taxation, an amount necessary for the purpose of maintaining and
19operating recreation places or for paying its share of the
20amount.

21§ 2702. Power to acquire.

22A borough may enter upon, appropriate and acquire by gift,
23devise, purchase, lease or otherwise private property within the
24limits of the borough or in any adjacent township. A borough may
25designate and set apart any lands or buildings owned by the
26borough and not dedicated or devoted to other public uses.

27(b) Joint acquisition.--Two or more boroughs may jointly
28appropriate and acquire by gift, devise, purchase, lease or
29otherwise private property within the limits of any township
30adjacent to any of the boroughs for the purpose of making,

1enlarging and maintaining recreation places. All the costs and
2expenses relative to the property acquired by two or more
3boroughs jointly shall be paid by the respective boroughs in the
4proportions as may be agreed upon by the respective councils.

5(c) Private property of other borough or city.--Any borough
6may likewise acquire private property within the limits of
7another borough or city for the purposes designated in this
8section if the other borough or city shall, by ordinance,
9signify its consent to the acquisition.

10§ 2703. Appropriation of private property.

11The appropriation of private property for the purpose of
12making, enlarging and maintaining recreation places is declared
13to be the taking of private property for public use, and, for
14all damage suffered by the owners of any property taken in that
15manner, the funds of the borough raised by taxation shall be
16pledged as security. The proceedings for the taking of private
17property and the assessment of damages for private property
18taken, injured or destroyed under this chapter shall be as
19provided in 26 Pa.C.S. (relating to eminent domain).

20§ 2704. (Reserved).

21§ 2705. (Reserved).

22§ 2706. (Reserved).

23§ 2707. (Reserved).

24§ 2708. Recreation board or other authority.

25(a) Recreation board or other authority.--The authority to
26supervise and maintain recreation places may be vested in any
27existing body or board, including the council, or in a
28recreation board, as the council shall determine. The council of
29the borough may equip, operate and maintain the recreation
30places, as authorized by this chapter, and may, for the purpose

1of carrying out the provisions of this chapter, employ any
2officers or employees as it may deem proper.

3(b) (Reserved).

4(c) Joint recreation board.--Any borough may join or create,
5with one or more municipalities, a joint recreation board in
6accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to
7intergovernmental cooperation). The composition of the board and
8its powers and duties shall be as provided by agreement of the
9governing bodies of the municipalities.

10§ 2709. Establishment of recreation board.

11(a) Establishment.--If the council determines that the power
12to equip, operate and maintain recreation places shall be
13exercised by a recreation board, the council may, by ordinance,
14establish in the borough a recreation board which shall possess
15those powers and duties as may be delegated to it by ordinance.

16(b) Composition.--The board shall consist of a minimum of
17five and a maximum of nine persons. Two of the members may be
18members or appointees of the school board of the school district
19in which the borough is located. If the board consists of seven
20members, three of the members may be members or appointees of
21the school board. The borough members of the board shall be
22appointed by the council and shall serve terms not longer than
23five years. The terms of the members shall be staggered in a
24manner that at least one member's term expires annually.

25(c) Compensation.--Members of the board shall serve without
26pay.

27(d) Vacancies.--Vacancies in the board, occurring otherwise
28than by expiration of term, shall be filled for the unexpired
29term in the same manner as original appointments.

30§ 2710. Organization of board and employees.

1The members of a recreation board established under this 
2chapter shall elect their own chair and secretary and select all
3other necessary officers to serve for a period of one year. The
4recreation board may, with the approval of council, establish
5employment positions and hire employees to fill the approved
6positions. The board shall have power to adopt rules and
7regulations for the conduct of all business within its
8jurisdiction.

9§ 2711. (Reserved).

10§ 2712. (Reserved).

11§ 2713. Lease for school athletics.

12(a) Lease.--A borough maintaining a recreation place may
13lease a recreation place, or a portion of a recreation place,
14suitable for athletic sports and athletic games to any school
15board or school athletic association organized by a school board
16and organized for the purpose of conducting amateur athletic
17sports and games among pupils of the public school.

18(b) Admission charge.--The borough maintaining a recreation
19place may permit a school board or school athletic association
20to charge admission to sports and games and to deny persons
21refusing to pay admission access to the grounds where sports or
22games are being conducted, if sports and games are not conducted
23for individual profit.

24SUBCHAPTER B

25SHADE TREES

26Sec.

272720. Care, custody and control.

282720.1. Maintenance by borough and tax levy.

292720.2. Payment by owners and assessments.

302720.3. Notice of work.

12720.4. Penalties.

22721. Shade tree commission.

32722. Composition of commission.

42723. (Reserved).

52724. (Reserved).

62724.1. Duties of commission.

72725. (Reserved).

82726. (Reserved).

92727. (Reserved).

102728. (Reserved).

112729. (Reserved).

122730. (Reserved).

13§ 2720. Care, custody and control.

14(a) Council authority.--Council shall have exclusive care,
15custody and control of shade trees in the borough. Council may:

16(1) Plant, transplant, remove, maintain and protect
17shade trees on the streets and highways in the borough.

18(2) Employ and pay persons and make and enforce
19regulations as may be necessary for the care and protection
20of the shade trees of the borough.

21(b) Planting, transplanting or removal.--Council may, by
22ordinance, and with or without the petition of a majority of the
23property owners, upon any public street in the borough, plant,
24transplant or remove shade trees. Council may, with or without
25petition, require the planting and replanting of suitable shade
26trees along and upon the sides of the streets, upon alignment
27and at points as may be designated by ordinance, by the owners
28of property abutting the street at the points designated.

29(c) Limitation.--Nothing in this part may authorize council
30to plant or replant, or require the planting or replanting of,

1trees at any point which may interfere with the necessary or
2reasonable use of any street or abutting property or the
3business conducted on the property.

4(d) Assessment of costs.--On failure of any owner, after
5reasonable notice, to comply with the terms of an ordinance
6requiring the planting or replanting of shade trees, the borough
7may cause the trees to be planted or replanted and assess the
8cost against the owner in accordance with section 2720.2
9(relating to payment by owners and assessments).

10(e) Diseased plants, shrubs and trees.--Council may, upon
11notice as may be provided by ordinance, require owners of
12property to cut and remove plants, shrubs and trees afflicted
13with any disease that threatens to injure or destroy plants,
14shrubs and shade trees in the borough under regulations
15prescribed by ordinance. Upon failure of any owner to comply
16with the notice, the borough may cause the work to be done by
17the borough and assess the cost against the owner in accordance
18with section 2720.2.

19§ 2720.1. Maintenance by borough and tax levy.

20(a) Cost and expenses.--The cost and expenses of caring for
21shade trees after having been planted or transplanted and the
22expense of publishing any notice required by this subchapter
23shall be paid by the borough.

24(b) Tax levy or appropriation.--Council may levy a general
25tax, not to exceed the sum of one-tenth of one mill on the
26dollar on the assessed valuation of the property in the borough
27taxable for county purposes, for the purpose of defraying the
28cost and expenses of caring for the shade trees and the expense
29of publishing notices, or it may provide for the expense of the
30caring for trees already planted and of publishing the notice by

1appropriations.

2§ 2720.2. Payment by owners and assessments.

3(a) Payment by owners.--The cost of planting, transplanting
4or removing any shade trees or the necessary and suitable
5guards, curbing or grading for their protection and of the
6replacing of pavement or sidewalk necessarily disturbed in the
7execution of the work shall be paid by the owners of the real
8estate abutting the location of the work.

9(b) Assessment and collection.--In the event that the
10borough undertakes the work described in this section, costs
11shall be certified, assessed against the abutting owners and
12collected in accordance with Chapter 21A (relating to 
13assessments and charges for public improvements).

14§ 2720.3. Notice of work.

15If council proposes to plant, transplant or remove shade
16trees on any street, notice of the time and place of the meeting
17at which the work is to be considered shall be given in one
18newspaper of general circulation once a week for two weeks
19immediately preceding the time of the meeting. The notice shall
20specify in detail the streets or portions upon which trees are
21proposed to be planted, transplanted or removed. In the event
22that a shade tree commission is to undertake the work, the
23commission shall provide the notice.

24§ 2720.4. Penalties.

25(a) Penalties for violation.--To the extent provided by
26ordinance, council may assess penalties for the violation of
27regulations relating to shade trees or delegate the power to
28assess penalties to a shade tree commission. Any penalty
29assessed shall be a lien upon the real estate of the offender
30and may be collected as municipal claims are collected.

1(b) Separate fund.--All penalties or assessments imposed
2under this subchapter shall be paid to the borough treasurer, to
3be kept in a separate fund and utilized only for the purposes
4authorized by this subchapter.

5§ 2721. Shade tree commission.

6(a) Establishment.--Council by ordinance may establish a
7shade tree commission and delegate to the shade tree commission
8the exclusive care, custody and control of shade trees and
9authorization to plant, transplant, remove, maintain and protect
10shade trees on the streets and highways in the borough.

11(b) Commission authority.--The shade tree commission may
12make and enforce regulations for the care and protection of
13shade trees. No regulation may be in force until it has been
14approved by the council and enacted as an ordinance.

15(c) Park commission.--If in any borough there exists a
16commission for the care of public parks, the council may, by
17ordinance, confer on the park commission all the powers and all
18the duties prescribed by this chapter for a shade tree
19commission.

20§ 2722. Composition of commission.

21(a) General.--Except as provided in subsection (b), a shade
22tree commission shall be composed of three residents of the
23borough who shall be appointed by the council and shall serve
24without compensation.

25(b) Council option.--The council, by ordinance, may provide
26that a shade tree commission be composed of five members who
27shall be residents of the borough, shall be appointed by the
28council and shall serve without compensation.

29(c) Three-member commission.--If a shade tree commission of
30three members is established by any borough, the council shall

1appoint one member for a term of three years, one for a term of
2four years and one for a term of five years. On the expiration
3of the term of any commissioner, a successor shall be appointed
4by the council to serve for a term of five years.

5(d) Five-member commission.--If a shade tree commission of
6five members is established by any borough, the council shall
7appoint members to staggered terms so that one term expires
8every year. On the expiration of the term of any commissioner, a
9successor shall be appointed by the council to serve for a term
10of five years.

11(e) Vacancies.--Vacancies in the office of commissioner
12shall be filled by the council for the unexpired term.

13§ 2723. (Reserved).

14§ 2724. (Reserved).

15§ 2724.1. Duties of commission.

16(a) Annual report.--A shade tree commission shall annually
17report in full to the council its transactions and expenses for
18the last fiscal year of the borough.

19(b) Notice.--If a shade tree commission proposes to plant,
20transplant or remove shade trees on any street, notice of the
21time and place of the meeting at which the work is to be
22considered shall be given by the shade tree commission in
23accordance with section 2720.3 (relating to notice of work).

24(c) Certification of amounts required.--The shade tree
25commission shall each year certify to council an amount needed
26for the care of shade trees and for the publication of notices
27required by this subchapter. The shade tree commission shall use
28funds appropriated or raised by taxation in accordance with
29section 2720.1 (relating to maintenance by borough and tax levy)
30for any purpose authorized by council.

1(d) Certification of assessments.--The shade tree commission
2shall ascertain and certify to council and the borough treasurer
3the amount of any assessment imposed in accordance with this
4subchapter for the planting, transplanting or removal of plants,
5shrubs and trees.

6§ 2725. (Reserved).

7§ 2726. (Reserved).

8§ 2727. (Reserved).

9§ 2728. (Reserved).

10§ 2729. (Reserved).

11§ 2730. (Reserved).

12SUBCHAPTER C

13FORESTS

14Sec.

152751. Acquisition of land for forest purposes.

162752. (Reserved).

172753. Ordinance of acquisition.

182754. Appropriations.

192755. Regulations.

202756. Appropriations and revenue.

212757. Use of forests.

222758. Ordinance of sale.

232759. Pruning and thinning.

24§ 2751. Acquisition of land for forest purposes.

25A borough may acquire by purchase, gift or lease tracts of
26land covered with forest or tree growth or suitable for the
27growth of trees and administer the tracts in accordance with the
28practices and principles of scientific forestry, for the benefit
29of the borough. The tracts may be of any size suitable for the
30purpose and may be located within or without the borough limits.

1§ 2752. (Reserved).

2§ 2753. Ordinance of acquisition.

3If the council deems it expedient to acquire land for the
4purposes of a municipal forest, it shall enact an ordinance
5setting forth the facts and conditions relating to the proposed
6action.

7§ 2754. Appropriations.

8Money necessary for the purchase of the tracts shall be 
9appropriated in the same manner as appropriations for borough 
10purposes. Money may be provided from the current revenue or by 
11the proceeds of a sale of general obligation bonds in accordance 
12with existing law.

13§ 2755. Regulations.

14Upon the acquisition of a municipal forest or land suitable
15for a municipal forest, the council may promulgate regulations
16for the government and proper administration of the same as
17necessary to produce continuing borough revenue by the sale of
18forest products.

19§ 2756. Appropriations and revenue.

20Money necessary for the administration, maintenance,
21protection and development of forests shall be appropriated and
22applied as is now done for borough purposes. The revenue and
23return on the revenue arising from the forests shall be paid
24into the borough treasury to be used for general borough
25purposes.

26§ 2757. Use of forests.

27A municipal forest may be used by the public as general
28outing or recreation grounds subject to the regulations under
29section 2755 (relating to regulations).

30§ 2758. Ordinance of sale.

1(a) Requirement.--If the council deems it expedient to sell
2or lease a municipal forest, a part of a municipal forest or a
3product from a municipal forest, it shall enact an ordinance
4setting forth the facts and conditions relating to the proposed
5action.

6(b) Conditions.--In order to enact an ordinance under this
7section, there must be compliance with the advertising and
8bidding requirements of section 1201.1 (relating to real
9estate).

10§ 2759. Pruning and thinning.

11(a) Authority.--To comply with the practices and principles
12of scientific forestry, the council has the following powers:

13(1) To pass a resolution to prune or thin out a
14municipal forest or portion of a municipal forest.

15(2) To sell the products of the pruning or thinning out.

16(b) Personnel.--To carry out subsection (a), the borough may
17use its own personnel or contract with skilled personnel.

18(c) Bidding and advertising.--The bidding and advertising
19requirements of this part do not apply to any of the following:

20(1) Sales under subsection (a)(2).

21(2) Contracts under subsection (b).

22CHAPTER 28

23CEMETERIES

24Sec.

252800. Appropriations for burial ground maintenance.

262800.1. Burial of deceased persons.

272801. Management by cemetery commission.

282802. Transfer from borough to company.

292803. (Reserved).

302804. (Reserved).

12805. Transfer from company to borough.

22805.1. Neglected or abandoned cemeteries.

32806. (Reserved).

42807. (Reserved).

52808. Removing bodies to alter plots.

62809. Removal of bodies to other cemeteries.

72810. (Reserved).

82811. (Reserved).

92812. (Reserved).

102813. (Reserved).

112814. (Reserved).

122815. (Reserved).

132816. Purchase of plots for burial of deceased service members.

14§ 2800. Appropriations for burial ground maintenance.

15A borough may appropriate annually, out of the general funds
16of the borough, a sum for the care, upkeep, maintenance and
17beautifying of:

18(1) cemeteries and burial grounds lying wholly or partly
19within the boundary limits of the borough or in the territory
20immediately adjacent to the borough; and

21(2) private roads in or leading to property under
22paragraph (1).

23§ 2800.1. Burial of deceased persons.

24A borough may prohibit the burial or interment of deceased
25persons anywhere within borough limits.

26§ 2801. Management by cemetery commission.

27If the title and management of a cemetery is vested in a
28borough, the council may, by ordinance, vest the care,
29management and operation of the cemetery in a cemetery
30commission of three citizens to be appointed by the council. The

1ordinance shall provide for the terms of the cemetery
2commissioners.

3§ 2802. Transfer from borough to company.

4(a) Authority.--Upon petition of at least 10% of living
5cemetery lot owners, the council may transfer the cemetery and
6its management to an incorporated cemetery company.

7(b) Procedure.--Upon presentation of a petition under
8subsection (a), the council may enact an ordinance declaring
9that, upon the acceptance of the ordinance by the incorporated
10cemetery company and filed with the borough secretary, the title
11and control of the cemetery shall vest in the incorporated
12cemetery company.

13(c) Recording.--A copy of the ordinance and the acceptance
14by the incorporated cemetery company, certified by the borough
15secretary, shall be recorded in the office of the recorder of
16deeds of the county.

17§ 2803. (Reserved).

18§ 2804. (Reserved).

19§ 2805. Transfer from company to borough.

20(a) Judicial action.--

21(1) Upon the petition of an incorporated cemetery
22company and the owners of a majority of the taxable real
23estate in the borough, the court of common pleas may
24authorize the transfer of a cemetery to the borough where the
25cemetery is located or is adjacent to the borough.

26(2) A copy of the court order under paragraph (1) shall
27be filed with the recorder of deeds.

28(b) Cost.--The transfer shall be made without cost to the
29borough.

30(c) Effect.--Upon transfer, the following apply:

1(1) The borough shall exercise the powers and privileges
2of the incorporated company.

3(2) The borough may do all of the following:

4(i) Purchase up to 30 acres of land within or
5adjacent to the borough limits for the extension of the
6cemetery;

7(ii) Pay for the purchase under subparagraph (i) by:

8(A) sale of lots or otherwise; or

9(B) any means other than taxation.

10(iii) Lay out lots purchased and alter the original
11plot of the cemetery.

12(iv) Dispose of the grounds in the same manner as
13the incorporated company could have done.

14(d) Deeds.--

15(1) A deed for a lot, made by the borough, shall have
16the same validity as the deed of the incorporated cemetery
17company.

18(2) The borough may make a deed to a person that, prior
19to transfer under this section:

20(i) purchased a lot; but

21(ii) did not receive a deed.

22§ 2805.1. Neglected or abandoned cemeteries.

23(a) Maintenance.--The council may, upon compliance with
24subsection (b), direct the removal of weeds, refuse and debris
25from an abandoned or neglected cemetery.

26(b) Notice.--

27(1) To exercise the power under subsection (a), the
28council must give notice to the owner directing the removal
29of weeds, refuse and debris from the cemetery within 30 days
30of service under paragraph (2).

1(2) Notice must be effected by any of the following
2means:

3(i) Personal service on the owner.

4(ii) Certified mail, addressee only, return receipt
5requested, to the owner at the owner's last known
6address.

7(iii) After reasonable attempts to give notice under
8subparagraph (i) or (ii) have failed, posting notice at
9or upon the property.

10(c) Action.--

11(1) If the removal is not completed within 30 days after
12the notice is effected under subsection (b)(2), the council
13shall provide for the removal to be done by employees of the
14borough or by a contractor at the expense of the borough.

15(2) The costs of removal under paragraph (1) shall be 
16assessed against the owner of the cemetery and collected 
17under Chapter 21A (relating to assessments and charges for 
18public improvements).

19§ 2806. (Reserved).

20§ 2807. (Reserved).

21§ 2808. Removing bodies to alter plots.

22In altering the plot of a cemetery, bodies may be removed and
23reinterred in a suitable place but without cost to surviving
24relatives.

25§ 2809. Removal of bodies to other cemeteries.

26(a) Authority.--

27(1) This subsection applies to a privately owned
28cemetery, a borough-owned cemetery or a cemetery affiliated
29with a religious society or church or any other organization,
30when the cemetery:

1(i) has ceased to be used for interments;

2(ii) has become so neglected as to become a public
3nuisance;

4(iii) hinders the improvement and progressive
5interests of the borough; or

6(iv) is desired by the borough as a site for any
7public purpose.

8(2) The court of common pleas may, upon compliance with
9subsection (b), direct the removal of the remains of the dead
10from a cemetery.

11(b) Procedure.--

12(1) A petition under this section must be made to the
13court by any of the following:

14(i) The manager of the cemetery in charge of a
15religious society or church or an other organization. The
16following are required to utilize this subparagraph:

17(A) Public notice of a meeting of the entity on
18the petition must be given two weeks before the
19meeting.

20(B) At the meeting, a majority of the members of
21the entity must approve the petition.

22(C) The petition must set forth that the
23cemetery has ceased to be used for interments.

24(ii) If the cemetery is not under the charge of
25anyone, 50 residents of the borough. A petition under
26this subparagraph must set forth that the improvements
27and progressive interests of the borough are hampered and
28the welfare of the borough is injured by the presence of
29the cemetery.

30(iii) The council. A petition under this

1subparagraph must set forth that:

2(A) the cemetery has become so neglected as to
3become a public nuisance;

4(B) the improvements and progressive interests
5of the borough are hampered and the welfare of the
6borough is injured by the presence of the cemetery;
7or

8(C) the land is desired for a public purpose.

9(2) Notice must be given by advertisement in a newspaper
10of general circulation once a week for three successive
11weeks.

12(c) Private action.--A relative of the deceased individual
13subject to removal or another interested party of the dead may,
14prior to action under subsection (d), remove the remains at
15private expense.

16(d) Public action.--

17(1) The removal shall be made by:

18(i) the manager of the cemetery;

19(ii) the borough if the cemetery is:

20(A) not in charge of a manager; or

21(B) owned by the borough.

22(2) The removal shall be made at the expense of the
23removing party in a careful manner.

24(3) The removal shall be made:

25(i) except as set forth in subparagraph (ii), to a
26cemetery selected by the person that makes the removal;
27or

28(ii) upon request of a relative of the deceased
29individual subject to removal or another interested
30party, to a designated cemetery in the vicinity.

1(4) Each body removed shall be placed in a separate
2casket and grave, and the marker over the remains of the body
3shall be placed as near as possible in the same relative
4position as before removal.

5(e) Effect.--After the removal of all dead bodies from a
6cemetery, the land shall cease to be a cemetery or burial ground
7and may be acquired by the borough as other real estate is
8acquired for borough purposes.

9§ 2810. (Reserved).

10§ 2811. (Reserved).

11§ 2812. (Reserved).

12§ 2813. (Reserved).

13§ 2814. (Reserved).

14§ 2815. (Reserved).

15§ 2816. Purchase of plots for burial of deceased service
16members.

17(a) Authority.--A borough may purchase plots of ground in a
18cemetery or burial ground within its limits for the interment of
19deceased members of the armed forces who:

20(1) die within the borough or have a legal residence
21within the borough at the time of death; and

22(2) are entitled to be buried by the county under the
23provisions of existing law.

24(b) Cost.--Plots purchased under this section shall be paid
25for out of the borough treasury.

26CHAPTER 29

27LICENSES AND LICENSE FEES

28Sec.

292901. Licensing transient retail business.

302902. Licensure saved.

12903. Licensing parking lots and parking garages operated for
2profit.

32904. Persons taking orders by samples.

42905. Equality of residents and nonresidents.

52906. Insurance business.

6§ 2901. Licensing transient retail business.

7(a) Authority.--A borough may, by ordinance, regulate and
8license transient merchants engaged in any transient retail
9business within the borough.

10(b) Licensure.--The following shall apply:

11(1) An ordinance under this section may prohibit the
12transient retail business without a license and provide for
13enforcement by penalties or other appropriate means.

14(2) Except as set forth in paragraph (3), an ordinance
15under this section may set a license fee which bears a
16reasonable relationship to the cost of administering the
17ordinance and regulating and inspecting the transient retail
18business.

19(3) Paragraph (2) does not apply as follows:

20(i) Except as set forth in paragraph (ii), the 
21ordinance may not impose a license fee on the following
22transient merchants:

23(A) A farmer selling the farmer's own produce.

24(B) A person selling personal property if the
25proceeds of the sale are to be applied to a
26charitable or philanthropic purpose.

27(C) A manufacturer or producer in the sale of
28any of the following:

29(I) Bread. This subclause includes a bakery
30product.

1(II) Meat. This subclause includes a meat
2product.

3(III) Milk. This subclause includes a milk
4product. This subclause does not include ice
5cream or another frozen dessert.

6(ii) The exception under this paragraph does not
7apply to a transient merchant that is also selling other
8personal property not excepted under subparagraph (i).

9(c) Registration.--An ordinance under this section may
10require that a transient merchant exempt under subsection (b)(2)
11register with the borough and otherwise be subject to all other
12provisions of the ordinance.

13(d) Definition.--As used in this section, the term
14"transient merchant" means a person engaged in transient retail
15business for the sale of personal property, whether the business
16is conducted from a fixed location within the borough or by an
17individual engaged in peddling, soliciting or the taking of
18orders from house to house.

19§ 2902. Licensure saved.

20(a) Commonwealth.--Nothing contained in this chapter shall
21be construed to relieve a person from a statutorily imposed:

22(1) licensure requirement;

23(2) license tax; or

24(3) license fee.

25(b) Boroughs.--A Commonwealth license tax or fee shall not
26preempt the registration, licensing or regulatory powers of a
27borough in accordance with this chapter unless the preemption is
28expressly authorized.

29§ 2903. Licensing parking lots and parking garages operated for 
30profit.

1(a) Authority.--

2(1) A borough may, by ordinance, regulate the business 
3of operating parking lots or parking garages for profit 
4within the borough and may require the lots or garages to 
5reserve areas exclusively for parking by handicapped 
6individuals. Under the ordinance:

7(i) License or permit fees may be charged and
8collected from the operators of the parking lots or
9parking garages.

10(ii) Security is subject to the following:

11(A) Except as set forth in clause (B), the
12borough shall require from each operator of a parking
13lot or parking garage a bond to be approved by the
14council for the protection of the public from loss of
15or damage to vehicles parked, stored or placed under
16the jurisdiction of a parking lot or parking garage
17operator.

18(B) Clause (A) shall not apply to parking lots
19or parking garages operated by a municipal authority
20or a parking authority.

21(2) An ordinance under paragraph (1) must be consistent 
22with 75 Pa.C.S. (relating to vehicles).

23(b) Individuals with disabilities.--Nothing in this section 
24may be construed to limit statutory and regulatory protections 
25and prohibitions contained relating to the rights of disabled 
26individuals.

27§ 2904. Persons taking orders by samples.

28(a) Prohibition.--A borough may not impose, levy or collect
29a license fee or mercantile tax upon a person that takes, by
30sample, from a dealer or merchant an order for merchandise on

1behalf of an individual or company that pays a license fee or
2mercantile tax at the individual's or company's chief place of
3business.

4(b) Limitation.--Nothing in this section shall authorize a
5person to sell by retail to a person other than a dealer or
6merchant without payment of a license or permit fee.

7§ 2905. Equality of residents and nonresidents.

8A borough may not enact an ordinance imposing a license fee
9upon a manufacturer, including an agent and employee, that is a
10resident of this Commonwealth and solicits orders for or sells
11personal property manufactured in this Commonwealth if the
12borough could not legally impose the same license fee upon a
13manufacturer, including an agent and employee, that is a
14nonresident of this Commonwealth and solicits orders for or
15sells personal property manufactured outside this Commonwealth.

16§ 2906. Insurance business.

17A borough may not impose a license fee upon an insurance
18company, including an agent, or an insurance broker authorized
19to transact business under the act of May 17, 1921 (P.L.682,
20No.284), known as The Insurance Company Law of 1921.

21CHAPTER 29A

22VETERANS' AFFAIRS

23Subchapter

24A. Pennsylvania National Guard

25B. Support of Veterans' Organizations

26SUBCHAPTER A

27PENNSYLVANIA NATIONAL GUARD

28Sec.

2929A01. Eminent domain for National Guard purposes.

3029A02. Land for armory purposes.

129A03. Appropriation to assist in erection of armories.

229A04. Support of Pennsylvania National Guard units.

3§ 29A01. Eminent domain for National Guard purposes.

4(a) Authority.--Except as set forth in subsection (b), the
5council may take, by right of eminent domain, for the purpose of
6appropriating to the borough for the use of the Pennsylvania
7National Guard, public lands, easements and property as may be
8in its possession or control and used or held by the borough for
9any other purpose.

10(b) Exception.--Eminent domain may not be exercised as to a
11street or wharf.

12§ 29A02. Land for armory purposes.

13(a) Authority.--Except as set forth in subsection (b), the
14council may acquire, by purchase or by gift or by the right of
15eminent domain, land for the use of the Pennsylvania National
16Guard, to be conveyed to the Commonwealth in order to assist the
17State Armory Board in the erection of armories.

18(b) Exception.--The power under subsection (a) may not be
19exercised to take any of the following:

20(1) Church property.

21(2) A graveyard or cemetery.

22(3) A dwelling house or the curtilage of property:

23(i) designated in paragraph (1) or (2); and

24(ii) in the actual occupancy of the owner.

25§ 29A03. Appropriation to assist in erection of armories.

26The council has the following powers:

27(1) To appropriate money or convey land, either
28independently or in conjunction with another municipality,
29to:

30(i) assist the State Armory Board in the erection of

1armories for the use of the Pennsylvania National Guard;
2and

3(ii) furnish water, sewer service, light or fuel
4free of cost to the Commonwealth for use in any armory of
5the Pennsylvania National Guard.

6(2) To do all things necessary to accomplish the purpose 
7of this section.

8§ 29A04. Support of Pennsylvania National Guard units.

9(a) Appropriation.--The council may appropriate annually a
10sum to be used and expended exclusively for the support and
11maintenance, discipline and training of a unit of the
12Pennsylvania National Guard.

13(b) Payment.--

14(1) The money appropriated shall be paid by warrant 
15drawn to the order of the commanding officer of the unit upon 
16certification to the borough, by the Adjutant General, that 
17the unit has satisfactorily passed the annual inspection 
18provided by law.

19(2) The commanding officer shall account, by proper
20vouchers to the borough each year, for the expenditure of the
21money appropriated. No appropriation shall be made for any
22subsequent year until the expenditure of the previous year is
23accounted for. The accounts of the expenditures shall be
24subject to the inspection of the Department of Military and
25Veterans Affairs and shall be audited by the Auditor General
26in accordance with law.

27SUBCHAPTER B

28SUPPORT OF VETERANS' ORGANIZATIONS

29Sec.

3029A11. Appropriations to organizations and American Gold Star

1Mothers, Inc.

229A12. Payment of rent for meetings.

329A13. Rooms for veterans' organizations and children.

429A14. Care and erection of memorials.

5§ 29A11. Appropriations to organizations and American Gold Star 
6Mothers, Inc.

7(a) Appropriation.--

8(1) The council may appropriate annually money to aid in
9defraying the expenses of Memorial Day, Veterans' Day or a
10similar day provided for by Federal or State law.

11(2) The appropriation shall be divided in amounts as
12council deems proper to:

13(i) an organization composed of veterans of a war in
14which the United States was engaged; and

15(ii) American Gold Star Mothers, Inc.

16(3) The money shall be appropriated to defray actual
17expenses only.

18(b) Payment.--Before payment is made, the organization
19receiving the appropriation must submit verified accounts of its
20expenditures.

21§ 29A12. Payment of rent for meetings.

22The council may appropriate annually a sum to an
23incorporated organization of American veterans of a war in which
24the United States was engaged, to be used in the payment of the
25rent for a facility in which the organization has its regular
26meetings.

27§ 29A13. Rooms for veterans' organizations and children.

28The council may furnish without charge to an organization 
29composed of American veterans of a war in which the United 
30States was engaged and children of the veterans a room in a
 

1public building of the borough.

2§ 29A14. Care and erection of memorials.

3(a) Authority.--The council may control and maintain a
4soldier's memorial which is:

5(1) situated in the borough;

6(2) not controlled and maintained by an individual or
7entity; and

8(3) not placed by the Federal Government, the
9Commonwealth, the county or another state.

10(b) Funding.--The council may receive and expend any money 
11to be used for the maintenance of the memorials.

12(c) Contributions.--The council may contribute to the
13erection and maintenance of a memorial in honor of those who
14served in a war in which the United States was engaged.

15CHAPTER 30

16REAL ESTATE REGISTRY

17(RESERVED)

18CHAPTER 31

19HEALTH AND SANITATION

20Sec.

213100. Definitions.

223101. Administration.

233102. Board.

243103. Oaths, officers and security.

253104. Duties of board secretary.

263105. Powers and duties of health officer.

273106. Powers and duties of board.

283107. Entry upon premises.

293108. Abatement of nuisances.

303109. Expenditures.

13110. Cooperation.

23111. Department.

33112. (Reserved).

43113. (Reserved).

53114. (Reserved).

6§ 3100. Definitions.

7The following words and phrases when used in this chapter
8shall have the meanings given to them in this section unless the
9context clearly indicates otherwise:

10"Board." A board of health established under section 3101(a)
11(relating to administration).

12"Board secretary." The secretary of a board.

13"Department." The Department of Health of the Commonwealth.

14"Health officer." An individual appointed under section
153101(a) (relating to administration) or 3103(b)(1)(iii)
16(relating to oaths, officers and security).

17"Professional health care provider." An individual who is
18licensed, certified or registered to practice or operate in the
19health care field under the laws of this Commonwealth. The term
20includes:

21(1) A physician.

22(2) A dentist.

23(3) A podiatrist.

24(4) A chiropractor.

25(5) An optometrist.

26(6) A psychologist.

27(7) A pharmacist.

28(8) A registered or practical nurse.

29(9) A physical therapist.

30(10) A physician's assistant.

1(11) A paramedic.

2(12) An administrator of any hospital, nursing or
3convalescent home or other health care facility.

4(13) A veterinarian.

5§ 3101. Administration.

6(a) Establishment.--The council may, by ordinance, appoint a
7board of health or a health officer to administer and enforce
8the health ordinances and related ordinances of the borough. A
9health officer must have experience or training in public health
10work and must, within six months of taking the oath of office,
11be certified for the office of health officer by the department.

12(b) Expenses.--Expenses incurred by the board or a health
13officer shall be paid by the borough.

14(c) Dissolution.--A borough may, by ordinance, dissolve a
15board and decide to become subject to the jurisdiction of a
16county department of health or joint county department of health
17under the act of August 24, 1951 (P.L.1304, No.315), known as
18the Local Health Administration Law.

19§ 3102. Board.

20(a) Membership.--

21(1) A board appointed by a council shall be composed of
22three or five members, subject to the following:

23(i) Except as set forth in subparagraph (ii), at
24least one member must be a professional health care
25provider with not less than two years' experience in the
26practice of the member's respective profession.

27(ii) If subparagraph (i) cannot be met, at least one
28member must have had experience in or be knowledgeable of
29public health issues.

30(b) Terms.--

1(1) Initial terms shall be staggered as follows:

2(i) For a three-member board:

3(A) one member shall serve a term of one year;

4(B) one member shall serve a term of two years;
5and

6(C) one member shall serve a term of three
7years.

8(ii) For a five-member board:

9(A) one member shall serve a term of one year;

10(B) one member shall serve a term of two years;

11(C) one member shall serve a term of three
12years;

13(D) one member shall serve a term of four years;
14and

15(E) one member shall serve a term of five years.

16(2) Subsequent terms shall be staggered as follows:

17(i) For a three-member board, a subsequent term
18shall be three years.

19(ii) For a five-member board, a subsequent term
20shall be five years.

21(c) Compensation.--

22(1) Except as set forth in paragraph (2), the members of
23the board shall serve without compensation.

24(2) Paragraph (1) shall not apply to a member of the
25board who is elected board secretary under section 3103(b)(2)
26(relating to oaths, officers and security).

27§ 3103. Oaths, officers and security.

28(a) Oath of office.--A member of the board must take the
29oath prescribed for borough members of council.

30(b) Officers.--

1(1) The board shall annually organize by electing:

2(i) a president from among the members of the board;

3(ii) a board secretary who may or may not be a
4member of the board; and

5(iii) a health officer.

6(2) The board secretary and the health officer shall
7receive salaries fixed by the board and ratified by the
8council.

9(3) The board secretary and health officer shall serve
10until a successor is elected and qualified.

11(c) Security.--The council may require the board secretary
12and health officer to furnish a bond to the borough in a
13prescribed amount for the faithful discharge of their duties.

14§ 3104. Duties of board secretary.

15The board secretary has the following duties:

16(1) To maintain, under 53 Pa.C.S. Ch. 13 Subch. F
17(relating to records), the minutes of the proceedings of the
18board and keep accurate accounts of the expenditures of the
19board.

20(2) To draw requisitions for the payment of money on
21account of the board from appropriations made by the council
22to the board and present the requisitions to the president of
23the board for the president's approval.

24(3) To render statements of the expenditures to the
25board at each stated meeting or as frequently as the board
26requires.

27(4) To prepare, under the direction of the board, the
28annual report to the council and the estimate of
29appropriation needed for the ensuing year.

30(5) To report to the department at statutory or

1regulatory intervals the cases of communicable disease
2reported to the board on the form provided by the department
3and make an annual report to the department.

4(6) To perform other duties required by the board.

5§ 3105. Powers and duties of health officer.

6(a) Powers.--A health officer may issue a citation for
7violation of a health ordinance or related law.

8(b) Duties.--A health officer has the following duties:

9(1) Administer and enforce the health ordinances of the
10borough and related law.

11(2) Perform the duties as are vested in local health
12officers by Statute or regulation.

13(3) Make sanitary inspections.

14(4) Execute the orders of the board.

15(5) To attend all regular and special meetings of the
16board of health.

17§ 3106. Powers and duties of board.

18(a) Powers.--A board has the following powers to:

19(1) Recommend to the council rules and regulations
20necessary for the preservation of the public health and for
21carrying into effect the functions of the board.

22(2) Appoint a health officer. A health officer must have
23experience or training in public health work and must, within
24six months of taking the oath of office, be certified for the
25office of health officer by the department.

26(3) Abate and remove nuisances the board deems
27detrimental to the public health.

28(4) Mark infected premises.

29(b) Duties.--A board has the duty to enforce all of the
30following related to promotion of public health and prevention

1of the introduction and spread of infectious or contagious
2disease:

3(1) A statute.

4(2) A regulation of the department.

5(3) An ordinance of the borough.

6§ 3107. Entry upon premises.

7(a) Authority.--

8(1) This subsection applies to all of the following:

9(i) A member of a board.

10(ii) A health officer.

11(iii) An employee of a board or a health officer.

12(iv) An agent of a board or health officer.

13(2) An individual subject to paragraph (1) may, upon
14order of the board:

15(i) enter premises in the borough where an
16infectious or contagious disease or a nuisance
17detrimental to the public health is suspected; and

18(ii) examine and abate the disease or nuisance.

19(b) Warrant.--If entry under subsection (a)(2)(i) is
20prevented, the board of health or health officer may obtain an
21administrative search warrant from a magisterial district judge
22with jurisdiction over the premises upon a showing of any of the
23following:

24(1) Reasonable standards and an administrative plan for
25conducting inspections.

26(2) The condition of the premises or general area and
27the passage of time since the last inspection.

28(3) Probable cause of a violation of a law specified in
29section 3106(b) (relating to powers and duties of board).

30§ 3108. Abatement of nuisances.

1(a) Initial order.--If the board finds a condition or
2premises to be a nuisance to the health of the people of the
3borough, it shall issue a written order of abatement directed to
4the owner or agent of the owner of the premises. The order
5shall:

6(1) state that the conditions specified in the premises
7constitute the nuisance; and

8(2) order an abatement of the nuisance within a
9specified reasonable time.

10(b) Subsequent order.--

11(1) Upon noncompliance of the order under subsection
12(a), the board shall issue a written order to the health
13officer directing removal or abatement of the nuisance.

14(2) An order under paragraph (1) shall be executed by
15the health officer or an agent of the health officer.

16(3) The expense of execution under paragraph (2) shall
17be recoverable as a municipal claim from the owner of the
18premises, with a 10% penalty.

19(c) Legal action.--In lieu of or in addition to the
20procedure under subsections (a) and (b), council may seek relief
21from a nuisance or threatened nuisance by an action at law or in
22equity. Council may seek guidance of the board or the health
23officer in determining the nature of the relief requested.

24§ 3109. Expenditures.

25(a) Estimate.--The board or the health officer shall submit
26to council, before commencement of the borough's fiscal year, an
27estimate of the probable expenditures of the board or the health
28officer during the ensuing fiscal year.

29(b) Appropriation.--Council shall make appropriations based
30on the estimate as deemed necessary.

1(c) Report.--The board or the health officer shall, each
2January, submit a report to council on:

3(1) the appropriation and the expenditures for the
4preceding fiscal year; and

5(2) information on subjects relative to the sanitary
6conditions or requirements of the borough.

7§ 3110. Cooperation.

8A borough may cooperate in the administration and enforcement
9of health laws with:

10(1) the department;

11(2) a county in which the borough is located; and

12(3) a municipal corporation.

13§ 3111. Department.

14(a) No limitation.--Nothing in this part may be construed
15to limit the powers and duties of the department, including the
16powers and duties under Article XXI of the act of April 9, 1929
17(P.L.177, No.175), known as The Administrative Code of 1929.

18(b) Expenses.--

19(1) Expenses of the department for which the borough is
20liable shall be paid by the borough where the expenses have
21been incurred.

22(2) If expenses under paragraph (1) are unpaid for a
23period of more than three months after a statement of the
24expense has been rendered to the borough and demand for
25payment is made, the Secretary of Health shall, with the
26approval of the Governor, institute an action against the
27borough for the collection of the expense. The reasonableness
28of the expenditures made by the secretary shall be submitted
29to the jury for its determination.

30(3) Upon payment, the department shall return the money

1to the State Treasurer, who shall credit the amount to the
2appropriation made to the department.

3§ 3112. (Reserved).

4§ 3113. (Reserved).

5§ 3114. (Reserved).

6CHAPTER 32

7ZONING

8(Reserved)

9CHAPTER 32A

10UNIFORM CONSTRUCTION CODE, PROPERTY

11MAINTENANCE CODE AND RESERVED POWERS

12Sec.

1332A01. Primacy of Uniform Construction Code.

1432A02. Changes in Uniform Construction Code.

1532A03. Public nuisance.

1632A04. Property maintenance code.

1732A05. Reserved powers.

18§ 32A01. Primacy of Uniform Construction Code.

19(a) General rule.--The following shall apply to the
20construction, alteration, repair and occupancy of all buildings
21and structures within a borough:

22(1) The Pennsylvania Construction Code.

23(2) The Uniform Construction Code adopted under section
24301 of the Pennsylvania Construction Code.

25(b) Primacy.--This section and any ordinance, rule or
26regulation adopted under this section shall not supersede or
27abrogate the Pennsylvania Construction Code or the Uniform
28Construction Code and shall be construed and read in pari
29materia with the Pennsylvania Construction Code and the Uniform
30Construction Code.

1§ 32A02. Changes in Uniform Construction Code.

2A borough may propose and enact an ordinance to equal or
3exceed the minimum requirements of the Uniform Construction Code
4in accordance with section 503 of the Pennsylvania Construction
5Code. Any ordinance exceeding the provisions of the Uniform
6Construction Code shall be required to meet the standards under
7section 503(j)(2) of the Pennsylvania Construction Code.

8§ 32A03. Public nuisance.

9(a) Abatement.--Except as provided under subsection (b), any
10building, housing or property or a part of any building, housing
11or property erected, altered, extended, reconstructed, removed
12or maintained, contrary to the provisions of an ordinance passed
13for the purposes specified under this chapter, may be declared,
14by a court of law, a public nuisance and may be abatable.

15(b) Exception.--A violation of the Uniform Construction Code
16or any ordinance that equals or exceeds the Uniform Construction
17Code shall be subject to the Pennsylvania Construction Code and
18the regulations adopted under the Pennsylvania Construction Code
19Act relating to enforcement for noncompliance.

20§ 32A04. Property maintenance code.

21(a) Enactment.--Notwithstanding the primacy of the Uniform
22Construction Code, a borough may enact one of the following:

23(1) A property maintenance ordinance and may incorporate
24a standard or nationally recognized property maintenance
25code, or any variations or changes or parts of the code,
26published and printed in book form, without incorporating the
27text of the code in the ordinance.

28(2) A standard or nationally recognized property
29maintenance code or any variations or changes or parts as its
30property maintenance ordinance.

1(a.1) Notice.--The following shall apply:

2(1) An ordinance or any variations or changes or parts
3under subsection (a) shall not be required to be advertised
4after passage. Notice of the consideration of an ordinance or
5any variations or changes or parts under subsection (a) shall
6be published in a manner that will give adequate notice of
7its contents and a reference to the place within the borough
8where copies of the proposed property maintenance code may be
9examined or obtained.

10(2) The notice required under paragraph (1) shall be
11published once in one newspaper of general circulation at
12least one week and not more than three weeks prior to the
13presentation of the proposed property maintenance code to
14council.

15(a.2) Inspection.--At least three copies of the ordinance
16adopted by council:

17(1) shall be made available:

18(i) for public inspection and use during business
19hours; or

20(ii) to any interested party who pays the cost of
21copying; or

22(2) may be furnished or lent without charge.

23(a.3) A property maintenance code adopted by reference
24shall:

25(1) not be required to be recorded in or attached to an
26ordinance book; and

27(2) be deemed to have been legally recorded if the
28ordinance by which the code was adopted by reference has been
29recorded with an accompanying notation stating where the full
30text of the code has been filed.

1(a.4) Fines and penalties.--An ordinance under this section
2may provide for reasonable property fines and penalties for
3violations of the ordinance.

4(a.5) Procedure.--The procedure under this section relating
5to the adoption of an ordinance under this section may be used
6in amending, supplementing or repealing any of the provisions of
7the ordinance.

8(b) Property maintenance inspectors.--Council may appoint
9property maintenance inspectors who may enter, subject to
10constitutional standards in a similar manner as provided under
11section 3107 (relating to entry upon premises), and inspect any
12premises at reasonable hours and in a reasonable manner for the
13administration and enforcement of the borough's property
14maintenance code or ordinance under subsection (a). Any fees
15payable to property maintenance inspectors under the ordinance
16shall be paid by the property maintenance inspectors as soon as
17possible to the borough treasurer for the use of the borough.

18(c) Legal actions.--In addition to the penalties provided by
19a property maintenance ordinance, a borough may institute
20appropriate actions or proceedings at law or in equity to
21prevent or restrain property maintenance violations.

22(d) Construction.--The powers of a borough under this
23section shall be in addition to the powers provided under the
24following:

25(1) The act of November 26, 2008 (P.L.1672, No.135),
26known as the Abandoned and Blighted Property Conservatorship
27Act.

28(2) 53 Pa.C.S. Ch. 61 (relating to neighborhood blight
29reclamation and revitalization).

30(3) 68 Pa.C.S. Ch. 21 (relating to land banks).

1§ 32A05. Reserved powers.

2(a) Power.--If, as a result of legislative action or final
3order of court which is not subject to appellate review, the
4Uniform Construction Code or any replacement code is no longer
5applicable in boroughs, a borough may:

6(1) Enact and enforce ordinances to govern and regulate
7the following in relation to a building and housing, parts of
8a building and housing or a facility and service in or about
9a building or housing:

10(i) Construction, reconstruction, alteration,
11extension, repair and conversion.

12(ii) Maintenance.

13(iii) Occupation.

14(iv) Sanitation.

15(v) Ventilation, heating, egress, lighting,
16electrical wiring, water supply, toilet facilities,
17drainage, plumbing, fire prevention and fireproofing,
18including limitations under which only buildings of
19noncombustible material and fireproofed roofs are used in
20construction.

21(vi) Erection or substantial reconstruction.

22(vii) Use and inspection.

23(viii) Sanitation and inspection of land attached to
24a building or housing.

25(2) Require that the approval of plans and
26specifications are secured before construction,
27reconstruction, alteration, extension, repair or conversion
28of a building is started.

29(3) Appoint and determine the compensation of the
30following:

1(i) Building inspectors.

2(ii) Housing inspectors.

3(iii) Property maintenance inspectors.

4(iv) Fire prevention inspectors.

5(v) Electrical inspectors.

6(vi) Plumbing inspectors.

7(4) In addition to penalties provided by an ordinance,
8institute actions to do any of the following:

9(i) Prevent or restrain the unlawful construction,
10reconstruction, alteration, extension, repair,
11conversion, maintenance, use or occupation of property
12located within the borough.

13(ii) Restrain, correct or abate a violation.

14(iii) Prevent the use or occupancy of a building,
15housing or structure.

16(b) Codes.--The following shall apply:

17(1) A code under subsection (a)(1) may be combined or
18separately enacted or combined with a property maintenance
19code.

20(2) A borough may adopt, amend or incorporate by
21reference any standard or nationally recognized code or any
22variations or changes or parts of the code as its ordinance
23as provided under section 32A04 (relating to property
24maintenance code).

25(3) An ordinance under subsection (a)(1) may provide for
26reasonable fines and penalties for violations of the
27ordinance in compliance with Chapter 33 (relating to
28ordinances).

29(c) Inspectors.--An inspector under subsection (a)(3) may
30enter, subject to constitutional standards in a similar manner

1as provided under section 3107 (relating to entry upon
2premises), and inspect a premises at reasonable hours and in a
3reasonable manner for the administration and enforcement of the
4borough's adopted codes or ordinances incorporating standard or
5nationally recognized codes. Any fees payable to inspectors
6under the ordinances shall be paid by the inspectors as soon as
7possible to the borough treasurer for the use of the borough.

8CHAPTER 33

9ORDINANCES

10Subchapter

11A. General Provisions

12B. Enforcement

13SUBCHAPTER A

14GENERAL PROVISIONS

15Sec.

163301.1. Ordinances and resolutions.

173301.2. Publication.

183301.3. Enactment, approval and veto.

193301.4. Recording, advertising and proof.

203301.5. Codification of ordinances.

213301.6. Appeals from ordinances.

223301.7. Replacement of ordinance books.

233302. (Reserved).

243303. (Reserved).

253304. (Reserved).

263305. (Reserved).

273306. (Reserved).

283307. (Reserved).

293308. (Reserved).

303309. (Reserved).

1§ 3301.1. Ordinances and resolutions.

2(a) General rule.--Council shall enact ordinances in
3accordance with this part and the laws of this Commonwealth in
4which the powers of the borough shall be exercised as deemed
5beneficial to the borough and to provide for the enforcement of
6the powers of the borough. Council may amend, repeal or revise
7existing ordinances by the enactment of subsequent ordinances.

8(b) Legislative acts.--Every legislative act of council must
9be by ordinance. Legislative acts shall include, but not be 
10limited to:

11(1) Tax ordinances.

12(2) General appropriation ordinances.

13(3) Capital expenditures not payable out of current
14funds

15(4) Legislation doing any of the following:

16(i) Exercising the police power of the borough.

17(ii) Regulating land use, development and
18subdivision.

19(iii) Imposing building, plumbing, electrical,
20property maintenance, housing and similar standards.

21(iv) Regulating the conduct of a person or entity
22within the borough and imposing penalties for violation
23of the regulated conduct.

24(5) Imposing assessments on benefited property for
25public improvements in accordance with Chapter 21A (relating
26to assessments and charges for public improvements).

27(c) Resolutions.--Council shall adopt resolutions in
28accordance with this part and the laws of this Commonwealth.
29Resolutions may be adopted for any purpose, including but not
30limited to, the following:

1(1) Ceremonial or congratulatory expressions of the good
2will of the council.

3(2) Statements of public policy of the council.

4(3) Approval of formal agreements of the borough, except
5for agreements arising under an established purchasing system
6of the borough,

7(4) Approval, if required, of administrative rules,
8regulations and bylaws arising under State statutes or
9borough ordinances.

10(5) The filling of borough-appointed positions and of
11vacancies of elected officials, except as otherwise provided.

12(d) Real and personal property.--Council's approval of the
13acquisition, disposition and leasing of real or personal
14property shall be by adoption of a resolution in a manner
15consistent with this part.

16§ 3301.2. Publication.

17(a) Requirements.--Except as provided under this part or
18other law, council shall publish every proposed ordinance once
19in one newspaper of general circulation for at least seven days
20and not more than 60 days prior to enactment prior to the day
21when council shall vote on the proposed ordinance. Publication
22of any proposed ordinance shall include all of the following:

23(1) The full text or the title of the ordinance and a
24brief summary prepared by the borough solicitor setting forth
25all the provisions in reasonable detail.

26(2) A reference to the borough office or other place
27where borough records are kept where copies of the proposed
28ordinance may be examined.

29(b) Summary.--If the full text is not included in the
30publication of the proposed ordinance, the following shall

1apply:

2(1) The newspaper in which the proposed ordinance is
3published shall, upon request, be furnished a copy of the
4full text.

5(2) The following shall apply:

6(i) In addition to copies of the full text of the 
7proposed ordinance retained where borough records are 
8kept in accordance with subsection (a), an attested copy
9of the full text shall be filed in the county law library
10or other county office designated by the county
11commissioners.

12(ii) The county commissioners may impose a fee not
13greater than the actual costs of storing the proposed
14ordinance.

15(iii) Filing with the county may be completed by the
16submission of an electronic copy of the ordinance through
17a method available, in the sole discretion of the county,
18to permit receipt by the office storing municipal
19ordinances.

20(iv) Upon request by the borough, the county shall
21notify the borough of the method by which electronic
22copies may be submitted.

23(v) The county may store the ordinance
24electronically, if the public is able to access the
25electronically stored borough ordinances during regular
26business hours at the office or at a remote location.

27(vi) The borough shall retain a printed copy of the
28email and ordinance as transmitted.

29(3) The date of the filing with the county under
30paragraph (2) shall not affect the effective date of the

1ordinance and shall not be deemed a defect in the process of
2the enactment of the ordinance.

3(c) Notice of amendments.--If substantial amendments are
4made in the proposed ordinance, before voting upon enactment,
5council shall, within ten days, readvertise in one newspaper of
6general circulation a brief summary setting forth all the
7provisions in reasonable detail together with a summary of the
8amendments. A copy of the full text of the amended proposed
9ordinance shall be retained where borough records are kept.

10§ 3301.3. Enactment, approval and veto.

11(a) Approval by mayor.--

12(1) Every ordinance enacted by council shall be
13presented to the mayor for the mayor's approval. Presentation
14to the mayor shall be deemed to mean delivery to the mayor by
15hand delivery or certified mail, addressee only, to the mayor
16at the mayor's last known address. Delivery shall be deemed
17complete upon depositing in the mail, postage or charges
18prepaid, as evidenced by a certificate of mailing.

19(2) The following shall apply:

20(i) If the mayor approves the ordinance, the mayor
21shall sign it.

22(ii) If the mayor does not approve the ordinance,
23the mayor shall return it with objections, which shall be
24entered upon the minutes, to the council at its next
25scheduled meeting occurring at least ten days after the
26meeting at which the ordinance was enacted by council.

27(iii) Council shall reconsider the ordinance either
28at the meeting at which the vetoed ordinance was returned
29or not later than ten days after the meeting at any other
30scheduled meeting. If, after reconsideration, a majority

1of all elected council members plus one votes to override
2the mayor's veto, the ordinance shall have full force and
3effect as if it had received the approval of the mayor.
4The vote shall be determined by yeas and nays and the
5names and votes of the members shall be entered upon the
6minutes.

7(iv) A scheduled meeting, as used in this section,
8may be either a regular, special or reconvened meeting.

9(3) If an ordinance is not returned by the mayor at
10council's next scheduled meeting occurring at least ten days
11after its presentation to the mayor, the ordinance shall have
12full force and effect as if it had been approved by the
13mayor.

14(b) Effective date.--The effective date of an enacted
15ordinance, except as provided in the ordinance, shall be one of
16the following:

17(1) The date when the mayor approves the ordinance.

18(2) The date of enactment by the council over the veto
19of the mayor.

20(3) For an ordinance not returned by the mayor at the
21next scheduled meeting of council occurring at least ten days
22after the meeting at which the ordinance was enacted by the
23council, the date of the succeeding scheduled meeting of
24council.

25(c) Tax ordinance.--The following shall apply:

26(1) If council presents the mayor with the annual tax
27ordinance under section 1310.1 (relating to tax ordinance),
28the mayor shall, within ten days of receiving the tax
29ordinance, approve or return the tax ordinance to the borough
30secretary with a statement setting forth the mayor's

1objections.

2(2) Council shall reconsider the tax ordinance at any
3scheduled meeting held not later than ten days after the
4mayor has returned the tax ordinance to the secretary with
5the mayor's objections. The mayor's objections shall be
6entered upon the minutes of the meeting.

7(3) A veto of the tax ordinance of the borough may be
8overridden by a vote of a majority of all elected council
9members plus one. If the veto is overridden, the ordinance
10shall have full force and effect as if it had received the
11approval of the mayor.

12(4) If the mayor neither approves the tax ordinance nor
13returns it with objections, the date of enactment of the tax
14ordinance shall be the date of the adoption of the tax
15ordinance by council.

16§ 3301.4. Recording, advertising and proof.

17(a) Recording.--All borough ordinances shall, within 30 days
18after approval by the mayor, the council's override of the
19mayor's veto or council's next scheduled meeting after its
20presentation to the mayor, be recorded by the borough secretary
21in an ordinance book. The ordinance book shall be open to the
22inspection of citizens during normal business hours.

23(b) Proof.--All ordinances may be proved by the certificate
24of the borough secretary under the corporate seal. If an
25ordinance is printed or published in book or pamphlet form by
26the authority of the borough, the ordinance shall be accepted as
27evidence without further proof. The entry of the borough
28ordinance in the ordinance book shall be sufficient without the
29signature of the president of council, mayor or member of
30council.

1(c) Prior ordinances.--The text of a borough ordinance or a
2portion of an ordinance which was attached to the ordinance book
3before January 1, 1966, shall be considered in force as if the
4ordinances or portions of ordinances had been recorded in the
5ordinance book if all other requirements of this part applicable
6to the enactment, approval, advertising and recording of the
7ordinances or portions of ordinances were complied with within
8the time limits prescribed under this part.

9§ 3301.5. Codification of ordinances.

10(a) Consolidation, codification and revision.--The borough
11council, under section 3301.1(a) (relating to ordinances and
12resolutions), may:

13(1) enact a consolidation, codification or revision of
14borough ordinances as a single ordinance of the borough; and

15(2) enact a complete group ordinance, repealing or 
16amending existing ordinances as necessary.

17(b) Enactment.--For a consolidation, codification or 
18revision under subsection (a), the following apply:

19(1) The ordinance must be introduced in the council at 
20least 30 days before its final enactment.

21(2) At least 15 days before final enactment, notice of 
22the introduction of the ordinance must be given by 
23advertisement in a newspaper of general circulation. For 
24enactment under subsection (a)(2), the notice must list, in 
25lieu of a table of contents, the titles of each of the
26ordinances in the complete group.

27(c) Subsequent notice.--When any consolidation, codification
28or revision under subsection (a) has been enacted as an
29ordinance, it shall not be necessary to advertise the entire
30text, but it shall be sufficient to publish a notice referring

1to notice under subsection (b)(2) and stating final enactment.

2§ 3301.6. Appeals from ordinances.

3Complaint as to the legality of any ordinance or resolution
4must be made to the court of common pleas. In cases of
5ordinances laying out streets over private lands, the court
6shall have jurisdiction to review the propriety as well as the
7legality of the ordinance.

8§ 3301.7. Replacement of ordinance books.

9(a) Ordinance.--

10(1) If an ordinance book is unserviceable, the council
11may provide by ordinance for the secretary of the borough to
12establish a replacement ordinance book recording all
13ordinances affected by the replacement.

14(2) The following apply to an ordinance under this
15subsection:

16(i) The ordinance must be recorded in the ordinance
17book immediately following the recorded ordinances
18affected by the replacement.

19(ii) The ordinance must direct the secretary, upon
20completion of the recording, to publish once, in one
21newspaper of general circulation, a notice:

22(A) identifying the ordinances contained in the
23unserviceable ordinance book; and

24(B) stating that the old books and records of
25borough ordinances and the replacement ordinance book
26are open to public inspection for the purpose of
27verification and correction for a period of 30 days
28from the date of the notice.

29(b) Secretary.--

30(1) The secretary, in recording the ordinances, must
 

1make complete copies of the ordinances, including the date of 
2enactment and approval and the names of the officers who 
3signed them.

4(2) After notice and corrections under subsection (a)(2)
5(ii), the secretary must certify each ordinance as a correct
6copy of the original.

7(c) Effect.--Upon compliance with subsection (b), the
8recorded replacement ordinance shall replace the original
9ordinance as the ordinances of the borough for the period
10covered by the new ordinance book.

11§ 3302. (Reserved).

12§ 3303. (Reserved).

13§ 3304. (Reserved).

14§ 3305. (Reserved).

15§ 3306. (Reserved).

16§ 3307. (Reserved).

17§ 3308. (Reserved).

18§ 3309. (Reserved).

19SUBCHAPTER B

20ENFORCEMENT

21Sec.

223321. Fines and penalties.

233322. Commitment pending trial.

243323. Commitment after trial.

253324. Payment of costs by borough.

26§ 3321. Fines and penalties.

27(a) Prescription.--

28(1) A borough ordinance shall prescribe fines and
29penalties for violation.

30(2) A civil penalty may not exceed $600 per violation.

1(3) The council may prescribe a criminal fine not to 
2exceed $1,000 per violation and may prescribe imprisonment to 
3the extent allowed by law for the punishment of a summary 
4offense.

5(4) An ordinance under this subsection may provide that
6a separate violation under paragraph (2) or (3) shall arise
7for:

8(i) each day of violation; and

9(ii) each applicable section of the ordinance.

10(5) An ordinance may provide for assessment of court
11costs and reasonable attorney fees incurred by the borough in
12the enforcement proceedings.

13(6) The council may delegate the initial determination
14of ordinance violation and the service of notice of violation
15to a qualified officer or agent.

16(b) Enforcement at law.--Unless otherwise provided by
17statute, a borough ordinance shall set forth the method of its
18enforcement in accordance with the following:

19(1) Except as provided in paragraph (2), if the penalty
20is not paid, the borough shall initiate a civil action for
21collection in accordance with the Pennsylvania Rules of Civil
22Procedure. A borough shall be exempt from the payment of
23costs in an action under this paragraph.

24(2) For an ordinance regulating building, housing,
25property maintenance, health, fire, public safety, parking,
26solicitation, curfew, water or air or noise pollution,
27enforcement shall be by a criminal action in the same manner
28provided for the enforcement of summary offenses under the
29Pennsylvania Rules of Criminal Procedure. The municipal
30solicitor may assume charge of the prosecution without the

1consent of the district attorney as required under
2Pa.R.Crim.P. No. 454 (relating to trial in summary cases).
3Violations of the property maintenance code or ordinance may
4also be enforced under section 32A04(c) (relating to property
5maintenance code).

6(3) Except for an ordinance subject to paragraph (2), an
7ordinance enacted prior to July 16, 2012, shall be deemed
8automatically amended so that it shall be enforced under
9paragraph (1).

10(4) If a civil claim under this subsection, exclusive of
11interest, costs or fees, exceeds the monetary jurisdiction of
12a magisterial district judge under 42 Pa.C.S. § 1515(a)
13(relating to jurisdiction and venue), the borough may:

14(i) bring the action in a court of common pleas; or

15(ii) make a waiver under 42 Pa.C.S. § 1515(a)(3).

16(c) Enforcement in equity.--In addition to or in lieu of 
17enforcement under subsection (b), a borough may enforce an 
18ordinance in equity in a court of common pleas of the county 
19where the borough is situate.

20(d) Payment.--Money collected under subsection (b) shall be
21paid to the borough treasurer.

22§ 3322. Commitment pending trial.

23An individual arrested for the violation of a borough
24ordinance may, pending trial, be committed to:

25(1) the borough correctional facility; or

26(2) if there is no suitable borough correctional
27facility, to a county correctional facility.

28§ 3323. Commitment after trial.

29A defendant sentenced to imprisonment for a violation of a
30borough ordinance may be committed to:

1(1) the borough correctional facility for up to ten
2days; or

3(2) a county correctional facility for up to 30 days.

4§ 3324. Payment of costs by borough.

5If a prisoner is committed to a county correctional facility
6under section 3322(2) (relating to commitment pending trial) or
73323(2) (relating to commitment after trial), the expenses of
8maintaining the prisoner during confinement shall be paid by the
9borough, and the county shall not be liable for the maintenance.

10CHAPTER 34

11ACTIONS BY AND AGAINST BOROUGHS

12(Reserved)

13CHAPTER 35

14ACTS OF ASSEMBLY REPEALED AND SAVING CLAUSE

15Sec.

163501. Repeals.

17§ 3501. Repeals.

18(a) (Reserved).

19(b) Inconsistent repeal.--All acts or parts of acts
20inconsistent with this part are repealed. This part shall
21furnish a complete and exclusive system for the government and
22regulation of boroughs, except as enumerated under section 102
23(relating to excluded provisions).

24(c) Law not repealed.--Nothing under this part shall be
25construed to repeal any of the following:

26(1) A local or special law.

27(2) A law relating to the Navigation Commission for the
28Delaware River and its navigable tributaries.

29(3) A law, the enforcement of which is vested in the
30Department of Health.

1(3.1) A law, the enforcement of which is vested in the
2Department of Environmental Protection.

3(4) A law, the enforcement of which is vested in the
4Department of Conservation and Natural Resources.

5(5) The act of December 31, 1965 (P.L.1257, No.511),
6known as The Local Tax Enabling Act.

7(6) The act of February 14, 2008 (P.L.6, No.3), known as
8the Right-to-Know Law.

9(7) 45 Pa.C.S. (relating to legal notices).

10(8) 65 Pa.C.S. (relating to public officers).

11(9) 66 Pa.C.S. Pt. I (relating to Public Utility Code).

12(d) Revival.--Nothing under this part shall be construed to
13revive any act or part of a repealed act.

14Section 2. Section 7132(b) of Title 44 is amended to read:

15§ 7132. Police officers.

16* * *

17(b) Exception.--Unless prevented from doing so by the
18operation of 8 Pa.C.S. Ch. 11 Subch. J (relating to civil 
19service for police and fire apparatus operators), borough
20policemen who reside in the borough may hold and exercise the
21office of constable in the borough, or in any ward thereof, and
22receive all costs, fees and emoluments pertaining to such
23office.

24Section 3. Repeals are as follows:

25(1) The General Assembly declares that the repeal under
26paragraph (2) is necessary to effectuate the addition of 8
27Pa.C.S. Pt. I.

28(2) The act of February 1, 1966 (1965 P.L.1656, No.581),
29known as The Borough Code, is repealed.

30Section 4. The addition of 8 Pa.C.S. Pt. I is a continuation

1of the act of February 1, 1966 (1965 P.L.1656, No.581), known as
2The Borough Code. The following apply:

3(1) Except as otherwise provided in 8 Pa.C.S. Pt. I, all
4activities initiated under The Borough Code shall continue
5and remain in full force and effect and may be completed
6under 8 Pa.C.S. Pt. I. Orders, regulations, rules and
7decisions which were made under The Borough Code and which
8are in effect on the effective date of section 3(2) of this
9act shall remain in full force and effect until revoked,
10vacated or modified under 8 Pa.C.S. Pt. I. Contracts,
11obligations and collective bargaining agreements entered into
12under The Borough Code are not affected nor impaired by the
13repeal of The Borough Code.

14(2) Except as set forth in paragraph (3), any difference
15in language between 8 Pa.C.S. Pt. I and The Borough Code is
16intended only to conform to the style of the Pennsylvania
17Consolidated Statutes and is not intended to change or affect
18the legislative intent, judicial construction or
19administration and implementation of The Borough Code.

20(3) Paragraph (2) does not apply to the addition of the
21following provisions:

22(i) The definition of "freeholders" in section 200.

23(ii) Section 202(a)(3).

24(iii) Section 210(a).

25(iv) Section 801.

26(v) Section 902.

27(vi) Section 904.1.

28(vii) Section 1104(a) and (f)(3).

29(viii) Section 1121(a)(5).

30(ix) Section 1202(35) and (60).

1(x) Section 21A06.

2(xi) Section 2456(b)(3).

3(xii) Section 2708(b).

4(xiii) Section 3301.1(b)(5).

5(xiv) Section 3301.2(a)(2), (b)(2) and (c).

6Section 5. The addition of section 1104(f)(3) of the act
7shall apply to officials elected or appointed to fill a vacancy
8in an elected office after the effective date of this section.

9Section 6. This act shall take effect in 60 days.