PRINTER'S NO. 466
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY EICHELBERGER, ERICKSON, BLAKE, ROBBINS AND WOZNIAK, FEBRUARY 13, 2013
REFERRED TO LOCAL GOVERNMENT, FEBRUARY 13, 2013
5TABLE OF CONTENTS
8Section 101. Short Title.
9Section 102. Definitions.
10Section 103. Excluded Provisions.
13Section 105. Constitutional Construction.
14Section 106. Construction of References.
15Section 107. Cities to Which Act Applies.
16Section 108. Effective Date.
17Section 109. Publication of Notices.
19PROCEDURES FOR INCORPORATION
1Section 200. Definitions.
2Section 201. Creation of Cities.
3Section 203.1. Incorporating Resolution.
6Section 204.1. Notice of Election.
7Section 205. Returns of Election.
8Section 206. Effect of Vote Against Incorporating as City.
9Section 207. Governor to Issue Letters Patent; Boundaries.
10Section 208. Property of Entities Vested in City.
16CHANGE OF CORPORATE TITLE
17Section 301. Resolution and Petition to Change Corporate Title.
18Section 302. Hearing; Decree.
19Section 303. Recording Decree.
20Section 304. Existing Rights and Liabilities Preserved.
22CREATION AND DIVISION OF WARDS
25Section 401.1. Petition of Registered Voters.
26Section 402. (Reserved).
27Section 403. Appointment of Commission.
28Section 403.1. Expenses of Commissioners.
29Section 403.2. Report.
30Section 404. Election.
1Section 405. Notice of Election; Review of Report.
2Section 406. Election Laws to Apply.
3Section 407. Computing Vote; Return; Resubmission of Question.
4Section 408. Change of Ward Lines by Council.
5Section 409. Pennsylvania Election Code.
8Section 601. Navigable Stream Boundaries.
9Section 602. Court to Establish Disputed Boundaries.
10Section 603. Petition to Court; Commissioners; Report.
11Section 604. Exceptions and Procedure.
12Section 605. Pay and Expenses of Commissioners.
13Section 606. Boundary Monuments.
15ELECTED OFFICERS AND ELECTIONS
18Section 702. First Elections in Newly Created Cities.
19Section 703. Nominations and Elections.
20Section 704. Certificates of Election.
22VACANCIES IN OFFICE
23Section 801. Vacancies in Council and Office of Mayor.
24Section 802. Vacancy in Office of Controller or of Treasurer.
26GENERAL PROVISIONS RELATING TO CITY
27OFFICERS AND EMPLOYES
7Section 905. Oath of Office; Violation of Oath; Penalty.
8Section 906. Bond to be Given by Officers and Agents.
9Section 907. Surety Bonds; Insurance; Premiums.
16Section 917. Powers of Subpoena; Compelling Testimony.
21(a) General Provisions
22Section 1001. Qualifications of Council Members.
23Section 1002. Vesting of Legislative Power.
24Section 1003. Organization of Council.
25Section 1004. Oath of Council Members; Quorum; Rules.
30Section 1016. Salaries.
1Section 1016.1. Appointment of City Clerk.
3Section 1018.1. Ordinances and resolutions.
8Section 1018.4. Signing and attesting ordinances.
9Section 1018.5. Proposed ordinances; titles.
12Section 1018.7. Payments not authorized by law.
13Section 1018.8. Time of taking effect of ordinances.
14Section 1018.9. Publication of proposed ordinances.
15Section 1018.10. Filing of proposed ordinances.
18Section 1018.12. Proof and evidence.
19Section 1018.13. Standard or nationally recognized codes.
20Section 1018.14. Maps, plans or drawings.
21Section 1018.15. Codification of ordinances.
24Section 1018.17. Penalty.
25(b) Initiating Ordinances by Electors
28Section 1031. Petition; Notice.
29Section 1032. Signing; Oath.
30Section 1033. Number of Signatures; Examination and Certificate
1by City Clerk.
2Section 1034. Submission to Council.
3Section 1035. Actions by Council; Notices.
4Section 1036. Form of Ballot on Submission to Vote.
5Section 1037. Effect of Majority Vote.
6Section 1038. No Repeal Within Two Years.
9Section 1040. Submission for Repeal by Council.
12(c) Reconsidering Ordinances by Electors
13Section 1050. Time Ordinances Go Into Effect.
14Section 1051. Petition; Reconsideration of Ordinance.
15Section 1052. Preparation of Petition by City Clerk; Notice.
16Section 1053. Additional Petitions.
17Section 1054. Signatures; Oath; Time of Signing.
18Section 1055. Presentation of Petition to Council.
19Section 1056. Ascertainment of Number of Signers; Report.
20Section 1059. Effect of Petition; Submission to Voters.
23Section 1061. Form of Ballot or Ballot Label.
24Section 1062. Computing and Filing Returns.
25Section 1063. Effect of the Vote.
26Section 1064. Publication of Ordinance Before Election.
28THE EXECUTIVE DEPARTMENT
29Section 1101. Executive Departments.
30Section 1102. Determination of Powers and Duties of
2Section 1103. Designation of Department Directors; Changes.
5Section 1105. Quarterly Reports from Directors of Departments.
8Section 1201. Qualifications.
9Section 1202. Chief Executive; Inauguration.
12Section 1204. Official Seal of Mayor.
13Section 1205. Supervision of Conduct of City Officers.
18Section 1208. Salary.
19Section 1209. Acting Mayor; Powers and Duties.
21CITY ADMINISTRATOR OR MANAGER
22Section 1201-A. Office of city administrator or manager.
23Section 1202-A. Appointment; selection; removal.
24Section 1203-A. Employment agreement.
25Section 1204-A. Residency and elective city office.
26Section 1205-A. Powers and duties.
28THE CITY TREASURER
29Section 1401. Qualifications.
30Section 1402. Bond; Insurance; Salary.
1Section 1402.1. City Treasurer to be Tax Collector.
2Section 1402.2. Date of Delivery of Duplicate; Collection.
7Section 1404. Method of Keeping Accounts.
8Section 1405. Moneys Appropriated Only to be Paid Out.
16THE CITY ENGINEER
17Section 1501. Appointment of City Engineer.
18Section 1502. Control of Engineering Matters.
19Section 1503. Duties.
22Section 1505. Surveys; Entering Upon the Lands of Others.
24THE CITY SOLICITOR
25Section 1601. Appointment of City Solicitor.
26Section 1602. Direction of Legal Matters.
27Section 1603. Duties.
28Section 1604. Written Opinions to be Furnished.
29Section 1607. Satisfaction of Liens Due City.
30Section 1609. Assistant Solicitor.
1Section 1610. Special Counsel.
3THE CITY CONTROLLER
4AND INDEPENDENT AUDITOR
5(a) City Controller
6Section 1701. Qualifications; Bond; Compensation.
7Section 1704. Powers and Duties.
8Section 1704.1. Deputy Controller; Employes.
9Section 1704.2. Temporary Deputy Controller.
10Section 1704.3. Continuation of Office.
11(b) Independent Auditor
12Section 1704.11. Appointment of Independent Auditor.
13Section 1704.12. Powers and Duties of Independent Auditor.
17ACCOUNTS AND FINANCES
18Section 1801. Fiscal Year.
19Section 1802. Chief Fiscal Officer; Bond; Administering Oaths.
20Section 1803. Deputy.
21Section 1804. Regulations Concerning Appropriation.
22Section 1804.1. Investment of City Funds.
27Section 1807. Supervision of Accounts of Departments.
28Section 1808. Suggestions for Improvement of City Finances.
1Section 1810. Amending Budget; Notice.
2Section 1811. Appropriations; Tax Rate; Limitations.
3Section 1811.2. Borrowing in Anticipation of Current Revenue.
7Section 1813. Committee to Prepare Uniform Forms.
8Section 1814. Annual Reports to Council on Insurance and Bonds.
11Section 1901. Power to Make and Regulate Awarding of Contracts.
16Section 1901.3. Determining Amount of Contract.
19Section 1901.5. Receipt, Opening, Award or Rejection of Bids.
20Section 1901.6. Bid, Performance and Payment Security.
21Section 1901.7. Compliance With Other Laws.
22Section 1901.8. Prohibitions.
23Section 1901.9. Lowest Responsible Bidder.
24Section 1902. Evasion of Advertising Requirements.
30Section 1908.1. Purchase Contracts for Petroleum Products; Fire
1Company, Etc., Participation.
12Section 1917. Sales of Real and Personal Property.
19Section 2002. Designation of Chief.
20Section 2003. Extra Police Officers; Compensation.
21Section 2005. Powers of Police Officers to Arrest.
22Section 2006. Service of Process; Fees; Payment into Treasury.
23Section 2007. Supervision by Mayor.
28Section 2010. School Crossing Guards.
3Section 2101.1. Appointment and Demotion of Fire Chief.
4Section 2102. Paid Bureau; Election of Officers and Companies.
5Section 2103. Platoon System; Hours of Service.
6Section 2104. Fire Marshal; Powers.
7Section 2105. Obstructing Fire Marshal; Fine.
8Section 2106. Investigation of Cause of Fire; Power of Mayor.
9Section 2107. Fire Chief Ex-officio Fire Marshal.
12Section 2109. Salary of Nonunion City Fire Officers.
14SURVEYS AND SURFACE SUPPORT
15IN COAL MINING AREAS
16Section 2203. Survey of Mines.
17Section 2204. Operators to Furnish Maps; Contents.
18Section 2205. Extensions to be Placed on Maps.
19Section 2206. Certain Surface Supports Not to be Removed.
20Section 2207. Penalty for Surface Support Violations.
21Section 2209. Enactment of Ordinances.
24(a) Board of Health
25Section 2301. Board of Health.
26Section 2302. Members of Appointed Boards of Health.
27Section 2303. Oath of Office; Organization; Secretary.
28Section 2304. Duties of Secretary.
29Section 2305. Health Officer; Qualifications; Oath.
30Section 2306. Duties of Health Officer.
1Section 2307. Duties of Board of Health.
2Section 2308. Powers of Board of Health.
3Section 2309. Effect of Rules and Regulations.
4Section 2310. Fees and Penalties.
5Section 2311. Proceedings of Board to be Public.
6(b) Public Nuisances Detrimental
7to Public Health
8Section 2320. Determination of Public Nuisances.
11(c) Corporations Acting as Boards of Health
14Section 2332. Power of Board.
15Section 2333. Health Officer.
16Section 2334. Secretary.
17Section 2335. Filling of Vacancies.
18Section 2337. No Compensation for Members.
19Section 2338. Applicability of Subdivision.
21Section 2340. Penalty.
24Section 2402. Powers of Cities.
25Section 2402.1. City Property and Affairs.
26Section 2403. Payment of Debts and Expenses.
27Section 2404. Creation of Capital and Operating Reserve Funds.
28Section 2405. Hiring of Employes; Salaries.
29Section 2406. Creation of Necessary Offices or Boards.
30Section 2407. Lockups.
1Section 2408. Market Places.
4Section 2410. Regulation of Pets and Feral Animals.
7Section 2412. Fireworks and Flammable Articles.
10Section 2414. Nuisances.
11Section 2415. Regulation of Encroachments.
12Section 2416. Shade Trees.
13Section 2417. Numbering of Buildings.
14Section 2418. Transportation Stands.
15Section 2419. Police Force.
16Section 2420. Police Regulations.
17Section 2421. Rewards.
18Section 2422. Prevent Riots.
19Section 2423. Regulate Discharge of Guns and Deadly Weapons.
20Section 2424. Racing; Dangerous Practices; Et Cetera.
23Section 2426. Musical Entertainment.
24Section 2427. Aid to Historical Societies.
27Section 2429. Ambulances and Rescue and Life Saving Services.
28Section 2430. Insurance.
29Section 2431. Parking Lots.
30Section 2432. Disorderly Conduct.
1Section 2433. Official Expenses on City Business.
4Section 2435. Local Self-Government.
5Section 2436. Historical Property.
8Section 2438. Junk Dealers and Junk Yards.
9Section 2439. Appropriations for Industrial Promotions.
10Section 2440. Non-debt Revenue Bonds.
13Section 2442. Appropriation for Nonprofit Art Corporation.
14Section 2443. Ratification and Validation of Real Estate Sales.
15Section 2444. Maintenance and Validation of Certain Records.
16Section 2445. Rights Within Streets and Rights-of-Way.
17Section 2446. Emergency Services.
18Section 2447. Charitable Purposes.
21(a) Assessments of Property for Taxation
22Section 2522. Assessment Powers.
23(b) Levy and Collections
24Section 2531. Tax Levies.
25Section 2531.1. Exemptions from Taxation.
26Section 2531.2. Certification of Schedule.
27(c) Sales of Real Estate for Delinquent Taxes
28Section 2542.1. Public Sale of Property to Satisfy Tax Claims.
29Section 2543. Certification of Schedules to Treasurer.
30Section 2546. Record of Sales and Resale.
1Section 2562.1. Conduct of Tax Sales.
3LICENSES AND LICENSE FEES
4Section 2601. Licensing and Regulatory Powers.
5Section 2601.1. Registration of Businesses or Occupations.
6Section 2602. Regulation of Motor Vehicles.
7Section 2603. Licensing of Plumbers.
10Section 2605. Regulation of Special Events.
13Section 2651. Farmers.
14Section 2652. Insurance Business.
15Section 2653. Persons Taking Orders by Samples.
16Section 2654. Commonwealth License Saved.
18REAL ESTATE REGISTRY
19Section 2704. Real Estate Registry.
22Section 2701-A. Definitions.
23Section 2702-A. Report and investigation of public nuisance.
24Section 2703-A. Summary abatement.
25Section 2704-A. Prior notice of abatement.
26Section 2705-A. Abatement by owner.
27Section 2706-A. Appeal after notice; hearing.
30Section 2708-A. Assistance in abatement.
1Section 2709-A. Salvage of material.
2Section 2710-A. Notice of assessment; appeal of charges.
3Section 2711-A. Personal liability of owner.
4Section 2712-A. Administrative fee and civil penalties.
7Section 2801. Exercise of Eminent Domain.
8Section 2802. Restrictions as to Certain Property.
9Section 2803. Title Acquired.
10Section 2824. Assessment Awards.
13Section 2901. Map of Streets.
14Section 2902. Laying Out Streets.
15Section 2903. Effect of Laying Out of Street.
16Section 2904. Improvements Within Laid-Out Streets.
17Section 2915. Power to Open, Etc.
18Section 2916. Ordinances When No Petition is Presented.
19Section 2917. Erection of Improvements Restricted.
20Section 2918. Petition for Opening, Etc.
21Section 2919. Notice of Petition.
22Section 2922. Assessment of Damages and Benefits.
23Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.
24Section 2931. Payment of Cost of Improvement.
25Section 2938. Preparation of Streets for Paving or Repairing.
26Section 2939. Highways in Cities.
29Section 2955. Acquisition of Unobstructed Views.
30Section 2960. Use of Abutting Lands for Embankments, Slopes,
1Fills, and Culverts.
2Section 2970. Appropriation for Connections with Highways.
3Section 2975. Street Closings; Detours.
4Section 2985. Maintenance of Streets Forming Boundaries.
17Section 3002.1. Ordinances.
18Section 3003. Emergency Repairs; Notice; Cost.
21Section 3101. Construction and Maintenance of Bridges.
22Section 3102. Ordinance for Location of Bridges; Procedure.
25Section 3110. Agreement for Joint Construction and Maintenance.
26Section 3114. Recording of Contract.
27Section 3115. Power to Construct Boundary Bridges.
28Section 3135. Acquisition of Existing Bridges.
3Section 3201.1. Required Connection; Fees.
6Section 3213.1. Rental Fees or Charges.
7Section 3222.1. Acquisition of Existing Sanitary Sewer Systems.
8Section 3230. Sewers Outside Cartway and Curb Lines.
9Section 3240. Building Joint Sewers.
14Section 3250. Sewers Extending Outside of City.
16WATERCOURSES, FLOOD PROTECTION PROJECTS
17AND STORM WATER SYSTEMS
21Section 3407. Assessment of Benefits; Liens.
22Section 3408. Waters Excepted.
29Section 3585. Payment of Cost of Extensions.
30Section 3587. Fixing Rates.
1Section 3588. Collection of Utility Charges.
2Section 3590. Disposition of Revenues.
4PUBLIC BUILDINGS AND WORKS
5Section 3601. Public Buildings Generally.
6Section 3603. Payment of Cost of Erection and Maintenance.
11Section 3607. Long-Term Improvement Leases.
13PARKS, PLAYGROUNDS, AND RECREATION CENTERS
14Section 3703. Acquisition of Lands and Buildings.
15Section 3703.1. Powers of Council; Delegation.
16Section 3705. Creation and Composition of Recreation Board.
17Section 3706. Organization of Board.
18Section 3707. Joint Ownership and Maintenance.
19Section 3708. Borrowing.
20Section 3709. Maintenance and Tax Levy.
21Section 3709.1. City Trusts.
22Section 3718. Park Rangers.
24UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,
25AND RESERVED POWERS
26Section 4101-A. Primacy of certain codes.
27Section 4102-A. Changes in Uniform Construction Code.
28Section 4103-A. Public nuisance.
29Section 4104-A. Property maintenance code.
30Section 4105-A. Reserved powers.
7Section 4204. Operation of Facilities Jointly.
13Section 4301. Police Pension Fund.
14Section 4302. Retirement; Final Discharge.
15Section 4302.1. Limited Vested Benefit.
16Section 4303. Allowances and Service Increments.
17Section 4303.1. Increase of Allowances After Retirement.
18Section 4303.2. Total Disability.
19Section 4304. Inalienable Rights in Fund.
20Section 4305. Payments to Police Pension Fund by City.
21Section 4306. Management of Police Pension Fund.
22Section 4307. Trusts for Benefit of Police Pension Fund.
23Section 4308. Repayment Before Retirement.
24Section 4309. Definitions.
28Section 4320.1. Limited Vested Benefit for Firefighters.
29Section 4321. Retirement; Final Discharge.
30Section 4322. Pensions and Service Increments.
1Section 4322.1. Increase of Allowances After Retirement.
4Section 4324. Payments to Firefighters' Pension Fund by City.
5Section 4325. Transfers from Other Pension Funds.
6Section 4326. Trusts for Benefit of Firefighters' Pension Fund.
7Section 4327. Repayment Before Retirement.
8Section 4328. Definitions.
9(c) Pension Funds for Employes Other Than
10Police Officers and City-Paid Firefighters
13Section 4341. Pension Board; Duties.
14Section 4342. Retirement Age.
17Section 4343.1. Retirement Allowances; Full Coverage; Payments.
18Section 4343.2. Limited Vested Benefit.
23Section 4345. Payments by Laborers Optional.
24Section 4346. Heads of Departments to Certify List of Employes.
25Section 4347. Receipt, Investment and Payment of Funds.
26Section 4348. Appropriations and Contributions to Fund.
27Section 4349. Application.
28Section 4350. Computation of Time of Service.
29Section 4351. Funds Payable to be Free of Attachment.
30Section 4352. Definitions.
1Section 4353. Beneficiaries of Fund not to be Employed by City.
2(d) Beneficiaries Serving in Elective Office
3Section 4361. Right to a Pension if Salary Refused.
6Section 4401. Examinations Required of All Appointees.
7Section 4402. Appointment of Examining Board.
8Section 4402.1. Existing Civil Service Positions.
11Section 4403.1. Alternate Board Members.
12Section 4403.2. Investigations and Subpoenas.
13Section 4404. Rules and Regulations; Examinations.
16Section 4405.1. Veterans' Preference.
19Section 4406.1 Promotions.
20Section 4407. Tenure; Temporary Appointments.
23Section 4409. Secretary; Compensation.
24Section 4410. Review of Eligibility Lists.
27(a) Support of Veterans' Organizations
28Section 4401-A. Appropriation to post of veterans.
29Section 4402-A. Rooms for meetings of veterans.
30(b) Pennsylvania National Guard
1Section 4411-A. Support of Pennsylvania National Guard units.
2Section 4412-A. Assistance in erection of armories.
3Section 4413-A. Eminent domain for National Guard purposes.
4Section 4414-A. Lands for armory purposes.
5(c) Burials and Memorials
8Section 4422-A. Care of memorials.
9Section 4423-A. Memorial trees.
10Section 4424-A. Penalty for injury to memorial trees.
12ASSESSMENTS FOR PUBLIC IMPROVEMENTS
13Section 4501-A. Authority to assess.
14Section 4502-A. Method of assessment.
15Section 4503-A. Notice of assessment.
16Section 4504-A. Appeals to court.
17Section 4505-A. Benefits and damages.
20Section 4507-A. Payment of assessments in installments.
21Section 4508-A. Collection of assessments.
23COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND
24COMPROMISE OF CLAIMS
25Section 4601. Collection of Municipal Claims by Suit.
26Section 4602. Compromise of Municipal Claims.
28ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE
29Section 4701. Repeals and Savings Clause.
30The General Assembly of the Commonwealth of Pennsylvania
1hereby enacts as follows:
15["City," a city of the third class.
16"Street," any street, avenue, boulevard, parkway, road, lane,
17court, alley, or public square within the city, and any highway
18within the city, as provided in section two thousand nine
19hundred thirty-nine of this act.
24"City." A city of the third class.
25"Highway." A State highway of the Commonwealth.
26"Home Rule Charter and Optional Plans Law." The provisions
27of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and
28optional plan government) and, where applicable, the former act
29of April 13, 1972 (P.L.184, No.62), known as the "Home Rule
30Charter and Optional Plans Law."
1"Municipal authority" or "municipality authority." A body
2politic and corporate created under 53 Pa.C.S. Ch. 56 (relating
3to municipal authorities), under the former act of May 2, 1945
4(P.L.382, No.164), known as the "Municipality Authorities Act of
51945," or under the former act of June 28, 1935 (P.L.463,
6No.191), known as the "Municipality Authorities Act of one
7thousand nine hundred and thirty-five."
23"Street." Any street, avenue, boulevard, parkway, road,
24lane, court, alley or public square within the city, and any
25highway within the city to the extent that the city is legally
26responsible for it, pursuant to agreement or otherwise.
29(a) The collection of municipal and tax claims by liens;
30(b) The method of incurring and increasing [of] city
2(c) Conduct of elections;
5(e) [Aldermen] (Reserved);
9(h) Weights and measures;
12(j) Joint city and county buildings;
14(l) State highways;
18Section 104. Construction of Act Generally to Preserve
19Existing Situations.--(a) The provisions of this act, so far as
20they are the same as those of existing laws, are intended as a
21continuation of such laws and not as new enactments. The repeal
22by this act of any act of Assembly, or part thereof, shall not
23revive any act, or part thereof, heretofore repealed or
24superseded, nor affect the corporate existence of any city
25heretofore incorporated. The provisions of this act shall not
26affect any act done, liability incurred, or right accrued or
27vested, or affect any suit or prosecution pending or to be
28instituted to enforce any right or penalty or punish any offense
29under the authority of such repealed laws. All ordinances,
30resolutions, regulations and rules made pursuant to any act of
1Assembly repealed by this act[,] shall continue with the same
2force and effect as if such act had not been repealed. Any
3person holding office or position under or by virtue of any act
4of Assembly repealed by this act shall continue to hold such
5office or position until the expiration of the term thereof,
6subject to the conditions and tenure attached to such office or
7position prior to the passage of this act.
8(b) A city shall possess, and city council and other city
9officials may execute, the corporate powers and duties as
10provided in this act and in other laws to the extent that these
11powers and duties are not repealed by this act.
12Section 105. Constitutional Construction.--The provisions of
13this act shall be severable[, and, if]. If any of its provisions
14shall be held to be unconstitutional, the decision so holding
15shall not be construed to affect the validity of any of the
16remaining provisions of this act. It is hereby declared as the
17legislative intent that this act would have been adopted had
18such unconstitutional provisions not been included therein.
19Section 106. Construction of References.--Whenever in this
20act reference is made to any act by title or otherwise, [such]
21the reference shall be construed to apply to and include any
22codification wherein the provisions of the act referred to are
26(1) All cities which have been incorporated under or which
27have accepted the provisions of the act of [Assembly, approved
28the twenty-third day of May, one thousand eight hundred and
29seventy-four (Pamphlet Laws 230)] May 23, 1874 (P.L.230,
30No.152), entitled "An act dividing cities of this State into
1three classes; regulating the passage of ordinances; providing
2for contracts for supplies and work for said cities; authorizing
3the increase of indebtedness, and the creation of a sinking fund
4to redeem the same; defining and punishing certain offenses in
5all of said cities; and providing for the incorporation and
6government of the cities of the third [class," and the
7amendments thereto; (b) all] class."
8(2) All cities which have been incorporated under the
9provisions of the act of May [twenty-third, one thousand eight
10hundred and eighty-nine (Pamphlet Laws 277)] 23, 1889 (P.L.277,
11No.247), entitled "An act providing for the incorporation and
12government of cities of the third [class," and the amendments
13thereto; (c) all] class."
14(3) All cities which have been incorporated under the
15provisions of the act of [Assembly, approved June twenty-
16seventh, one thousand nine hundred and thirteen (Pamphlet Laws
17568)] June 27, 1913 (P.L.568, No.367), entitled "An act
18providing for the incorporation, regulation, and government of
19cities of the third class; regulating nomination and election of
20municipal officers therein; and repealing, consolidating, and
21extending existing laws in relation [thereto," and the
22amendments thereto; (d) all] thereto."
23(4) All cities formed by the consolidation of boroughs
24having voted separately to become cities in accordance with the
25provisions of the act[, approved May twenty-fourth, one thousand
26nine hundred and seventeen (Pamphlet Laws 262)] of May 24, 1917
27(P.L.262, No.143), entitled "An act to enable two or more
28boroughs that are contiguous or in close proximity to be united
29and to become one city, wherever each of said boroughs shall
30have heretofore voted or shall hereafter vote to become a city
1of the third class, under laws now enacted or which may
2hereafter be enacted; and wherever each of said boroughs has
3duly received or shall hereafter duly receive letters patent
4constituting it a city of the third class, but where sufficient
5time shall not have elapsed after the granting of such letters
6patent for the holding of a municipal election; providing for
7the consequences of such consolidation, the government of such
8consolidated city, the payment of the indebtedness of each of
9the united territories and the enforcement of debts and claims
10due to and from each, and fixing the jurisdiction over the said
11consolidated city in the courts of the county in which the
12majority of its inhabitants shall [reside"; and (e) all]
18(1) To continue operating under the form of government
19previously selected and exercising powers previously acquired by
20the city in accordance with the act of July 15, 1957 (P.L.901,
21No.399), known as the "Optional Third Class City Charter Law."
22(2) To adopt or continue utilizing a form of government and
23to acquire or continue exercising powers pursuant to an optional
24plan or a home rule charter which have been or may be adopted in
25accordance with the "Home Rule Charter and Optional Plans Law."
26Section 108. Effective Date.--This act shall go into effect
27on the first day of July, one thousand nine hundred and thirty-
28one. [This reenactment, revision, amendment and consolidation of
29the laws relating to cities of the third class shall become
30effective on the first Monday of January, one thousand nine
2Section 109. Publication of Notices.--Whenever, under the
3provisions of this act, advertisement, notice, or publication is
4required to be published in [one] a newspaper, [such] the
5publication shall be made one time, unless the provision
6requiring publication specifies otherwise, in [a] at least one
7newspaper of general circulation, as defined [by the Newspaper
8Advertising Act of May sixteen, one thousand nine hundred and
9twenty-nine (Pamphlet Laws 1784), printed] in 45 Pa.C.S. § 101
10(relating to definitions), published in the city, if there is
11such a newspaper, and if not, then in a newspaper of general
12circulation circulating generally in [such] the city. If such
13notice is required to be published in more than one newspaper,
14it shall be published in at least one newspaper of general
15circulation, defined as aforesaid, [printed] published, if there
16be such a newspaper, or circulating generally as above provided
17in the city. When [such] the notice relates to any proceeding or
18matter in any court, or the holding of an election for the
19increase of indebtedness, or the issue and sale of bonds to be
20paid by taxation, [such] the notice shall also be published in
21the legal newspaper, if any, designated by the rules of court of
22the proper county for the publication of legal notices and
23advertisements, unless such publication be dispensed with by
24special order of court: Provided, however, That ordinances,
25auditor's statements, summaries of auditor's statements,
26advertisements inviting proposals for public contracts and for
27bids for materials and supplies, or lists of delinquent
28taxpayers, shall be published only in newspapers of general
29circulation, defined as aforesaid.
30Section 3. Article II heading of the act is amended to read:
2PROCEDURES FOR INCORPORATION
3Section 4. The act is amended by adding a section to read:
15Section 5. Section 201 of the act is amended to read:
16Section 201. Creation of Cities.--Cities of the third class
17shall be chartered [whenever a majority of the electors of any
18town, township, or borough, or any two or more contiguous towns,
19townships, or boroughs, or any combination thereof, situate
20within the limits of the same county or situate in two or more
21contiguous counties, and having separately or together, as the
22case may be, a population of at least ten thousand according to
23the last preceding United States census, shall each separately
24vote at any general or municipal election in favor of the same.]
26(1) A single municipal corporation, having a population of
27at least ten thousand according to the last preceding United
28States census, may be incorporated as a city in accordance with
29this article, if a majority of the registered voters in the
30municipal corporation cast an affirmative vote in favor of the
2(2) Two or more contiguous municipal corporations, having
3together a population of at least ten thousand according to the
4last preceding United States census, may be incorporated as a
5city by utilizing 53 Pa.C.S. Ch. 7 Subch. C (relating to
6consolidation and merger) and, in accordance therewith,
7determine whether the newly incorporated city shall be governed
8by this act and other general laws applicable to and governing
10Section 6. Sections 202 and 203 of the act are repealed:
11[Section 202. Resolution to Submit Question to Electors.--
12The corporate authorities of any town, township, or borough, or
13of any contiguous towns, townships, or boroughs, as the case may
14be, may, on their own motion, or, upon petition of two hundred
15or more qualified electors thereof, shall, by resolution duly
16passed and recorded among the minutes, submit the question
17whether such town, township, or borough, or whether any
18contiguous towns, townships, or boroughs, shall become a city of
19the third class, to the qualified electors thereof, to be known
20as the "City of ........................."
21Section 203. Notice of Election.--The said corporate
22authorities shall give notice by the publication of said
23resolution, once a week for four successive weeks prior to the
24next general or municipal election, in not more than two
25newspapers of general circulation published or circulating
26generally in said towns, townships, and boroughs, in accord with
27the provisions of section 109 of this act.]
28Section 7. The act is amended by adding a section to read:
2(b) If two hundred or more registered voters of the
3municipal corporation petition the governing body of the
4municipal corporation for the adoption of a petition resolution,
5the governing body shall adopt the same.
6Section 8. Section 204 of the act is amended to read:
7Section 204. Resolution Certified to County Board of
8Election; Form of Question.--The [said corporate authorities
9shall certify said] governing body of a municipal corporation
10that adopts an incorporation resolution shall certify the
11incorporation resolution to the county board of elections of the
12proper county or counties[, who shall thereupon cause a proper
13question to be submitted to the qualified electors at the said
14general or municipal election in the said towns, townships, and
15boroughs, in the manner required by the Pennsylvania Election
16Code]. The county board of elections shall, at the general or
17municipal election, in the manner required by the Pennsylvania
18Election Code, submit a referendum question to the registered
19voters of the municipal corporation that has certified an
21Section 9. The act is amended by adding a section to read:
22Section 204.1. Notice of Election.--Notice of the election
23at which registered voters of a municipal corporation will be
24voting on a referendum question shall be given by the secretary
25or other person designated by the municipal corporation. The
26notice required by this section shall be published once a week
27for four successive weeks in a newspaper of general circulation
28in the municipal corporation in which the referendum question
29will be submitted to the registered voters.
30Section 10. Section 205 of the act, amended October 5, 1967
1(P.L.327, No.143), is amended to read:
2Section 205. Returns of Election.--[The county board of
3elections shall make return of the vote cast on the question
4submitted to the clerk of the court of the proper county or
5counties, and to the respective corporate authorities of the
6towns, townships and boroughs submitting such questions. If a
7majority of the votes cast in each such town, township and
8borough on the question shall be in favor of creating a city,
9then returns thereof shall also be made by the county board of
10elections to the Secretary of the Commonwealth and the
11Department of Community Affairs.] (a) In each county in which a
12referendum question is submitted to the registered voters of a
13municipal corporation, the county board of elections shall make
14return of the vote cast on the referendum question to the clerk
15of the court for that county, and to the governing body of the
16municipal corporation in which registered voters voted on a
18(b) The county board of elections also shall make returns of
19the vote cast on the referendum to the Secretary of the
20Commonwealth and the Department of Community and Economic
21Development, if a majority of the votes cast by the registered
22voters of the municipal corporation are in favor of
23incorporating as a city.
26Section 206. Effect of Vote Against [City Charter.--Whenever
27by the returns of the election in any town, township, or
28borough, it shall appear that in any one there is a majority
29against the city charter] Incorporating as City.--If the returns
30show that a majority of registered voters in a municipal
1corporation voted "no" on the referendum question, no further
2proceeding shall be had, and it shall not be lawful to hold
3another election upon the referendum question in [such town,
4township, or borough] the municipal corporation until the third
5general or municipal election thereafter occurring.
6Section 207. Governor to Issue [Charter Where Vote for City
7Charter] Letters Patent; Boundaries.--If [it shall appear by the
8said returns that there is a majority of the votes cast on the
9question in each town, township, and borough, aforesaid, in
10favor of the city charter, the corporate authorities of all such
11towns, townships, and boroughs] the returns show that a majority
12of registered voters in a municipal corporation voted "yes" on
13the referendum question, the governing body of the municipal
14corporation shall, within sixty days after [such] the election,
15furnish to the Secretary of the Commonwealth the necessary
16information with respect to the boundaries of the new city, and
17the Governor shall, as soon as may be, issue letters patent,
18under the Great Seal of the Commonwealth, reciting the facts,
19defining the boundaries of [said] the city, and constituting the
20same a body corporate and politic by the name of the City
22Section 208. Property of Entities Vested in City.--All of
23the property and estates whatsoever, real and personal, of the
24[towns, townships, and boroughs,] municipal corporations which
25shall have [thus] become a city in accordance with this article
26are hereby severally and respectively vested in the corporation
27or body politic of [said] the city[, by the name, style, and
28title given thereto] for the use and benefit of the citizens
30Section 209. Existing Governments [Preserved Temporarily;
1Organization of City.--The governments of the said towns,
2townships, and boroughs] Temporarily Preserved; City
3Organization.--(a) The government of the municipal corporation
4shall continue in full force and operation, until the first
5Monday of January next succeeding the municipal election
6provided for in section 702 [of this act], at which time the
7officers of [said] the city chosen at [said] the municipal
8election shall enter upon their respective terms of service, and
9the city government shall be duly organized under this act.
10(b) Whenever, in the organization of the city government of
11any newly incorporated city, any person is [elected] appointed
12by council to any office for which this act provides a definite
13term and fixes a definite time for the election of persons
14thereto, the person so [elected] appointed shall serve only for
15such time as intervenes between [his election] the person's
16appointment and the day fixed by this act for the regular
17election or appointment of such officer for a full term.
18Section 210. Existing Liabilities, Debts and Claims
19Transferred to New City.--[All suits, prosecutions, debts, and
20claims, whatsoever, of the said towns, townships and boroughs,
21shall thereupon become transferred to the said city, which in
22all suits pending shall be substituted as a party, and be under
23the management and control thereof. All valid claims and demands
24of whatsoever nature, whether payable presently or in the
25future, existing against the said towns, townships, and boroughs
26when the said charter shall go into operation, shall be
27enforceable against the said city. The bonds and floating
28indebtedness, and the interest thereon, of each of said towns,
29townships and boroughs, contracted prior to such consolidation,
30shall be paid by the said city thus organized and chartered, so
1that the taxes shall be uniform throughout the territorial
2limits of the whole city.] If a municipal corporation is
3incorporated as a city in accordance with this article, the
4following shall apply:
13(4) The bonds and floating indebtedness, and the interest
14thereon, existing at the time a municipal corporation became
15incorporated as a city in accordance with this article shall be
16paid by the newly incorporated city, so that the taxes shall be
17uniform throughout the territorial limits of the whole city.
22ALTERNATIVE PROCEDURE FOR INCORPORATION
23Section 250. Appointment of Charter Commission.--The
24corporate authorities of any town, township, or borough or of
25any combination of contiguous towns, townships or boroughs may
26and, upon petition of two hundred or more qualified electors
27thereof, shall petition the court of quarter sessions of the
28county in which such towns, townships or boroughs are situate,
29for the appointment of a charter commission to study and make
30recommendations on the adoption of a form of city government for
1such towns, townships or boroughs. Whenever any such towns,
2townships or boroughs, or combination thereof, are situate in
3more than one county, the petition shall be brought to the court
4of quarter sessions of the county in which the larger percentage
5of the population thereof are resident.
6The charter commission so appointed shall consist of not less
7than nine nor more than fifteen members who shall be qualified
8electors of the town, township or borough, and if the petition
9is brought on behalf of more than one town, township or borough,
10the charter commission shall be appointed from among qualified
11electors of each of such towns, townships or boroughs.
12In every case, at least three members of the charter
13commission shall be appointed from among the members of the
14governing bodies of the towns, townships or boroughs bringing a
15petition, and when two or more towns, townships or boroughs are
16party to the petition, the court shall appoint at least one
17member of the charter commission from among the members of the
18governing bodies of each of such towns, townships or boroughs.
19Section 251. Powers and Duties of Charter Commission.--The
20charter commission shall organize and function in accordance
21with the provisions of the Optional Third Class City Charter
22Law, and in so far as the same are applicable, shall exercise
23the same powers and perform the same duties as are conferred or
24imposed upon charter commissions elected under the provisions of
25the Third Class City Charter Law.
26Members of the charter commission shall serve without
27compensation, but shall be reimbursed by the towns, townships or
28boroughs for their necessary expenses incurred in the
29performance of their duties. The corporate authorities of the
30towns, townships or boroughs shall appropriate reasonable sums
4The charter commission shall report its recommendations at
5the time and in the manner provided in the Optional Third Class
6City Charter Law. In its report, the charter commission shall
7recommend adoption of either the "commission" form of city
8government as provided in this act, or one of the optional forms
9of city government provided in the Optional Third Class Charter
11Section 252. Election on the Question.--Within five days
12after the charter commission reports its recommendations, the
13corporate authorities of such towns, townships or boroughs shall
14certify a copy of the commission's report to the county board of
15elections, which shall cause the question of adoption or
16rejection to be placed upon the ballot or voting machines at
17such time as the commission shall in its report specify. The
18question shall be submitted to the electors in the manner and at
19the time provided in the Optional Third Class City Charter Law
20and shall be in the following form:
21Shall the.............................be incorporated into a
22 name of towns, townships or boroughs
23city of the third class to be known as the city of.............
24with a........................form of government providing for
25name of form
26..............................councilmen to be elected at large?
27number of councilmen
4(b) If, at such election, the electors have voted in favor
5of adopting the commission form of government provided in this
6act, the city officers shall be elected and the city shall be
7organized and governed under the provisions of this act, the
8same as though the election had been held under the provisions
9of article II. of this act.
10(c) If, at such election, the electors have voted in favor
11of adopting one of the optional forms of government provided in
12the Optional Third Class City Charter Law, the city shall be
13governed under the applicable provisions of the Optional Third
14Class City Charter Law, but the first city officers shall be
15elected in accordance with the provisions of this subsection.
16At the first municipal election occurring at least ninety
17days after the date of the letters patent issued by the Governor
18incorporating such city, the qualified electors of such city
19shall elect the city officers appropriate to such optional form
20of government. Except in the case of the first city council,
21such officers shall be elected for the terms provided in the
22Optional Third Class City Charter Law. The first councilmen
23elected in such city shall be divided into two groups. One group
24shall equal one more than one-half of all the councilmen and its
25members shall serve for terms of four years. The second group
26shall equal one less than one-half of all the councilmen and its
27members shall serve for terms of two years. The members of the
28first group shall be those councilmen receiving the greatest
29number of votes at their election, and the members of the second
30group shall be those councilmen receiving the next greatest
1number of votes at their election. If two or more councilmen
2received the same number of votes and one or more but not all of
3them will be included in the first group, they shall draw lots
4to determine which of them shall be included in the first group.
5Thereafter, all councilmen shall be elected for the terms
6provided in the Optional Third Class City Charter Law.
7The governments of the towns, townships and boroughs,
8comprising a city which elects its first officers under the
9provisions of this subsection, shall continue in full force and
10operation until the first Monday of January next succeeding such
11election, at which time the officers of such city shall enter
12upon their respective terms and the city government shall be
13duly organized under the Optional Third Class City Charter Law.
14(d) Whenever by the returns of the election in any town,
15township or borough, it shall appear that in any one there is a
16majority against the city charter and the form of city
17government recommended by the charter commission, no further
18proceedings shall be had and it shall not be unlawful to hold
19another election upon the same question in such town, township
20or borough during the period of four years following such
21election, but the provisions of this subsection shall not affect
22any proceedings under article II. of this act nor any subsequent
23proceedings under the Optional Third Class City Charter Law.
24Section 254. Proceedings are Additional.--The proceedings
25authorized by this article are in addition to, and not in
26substitution of, those proceedings authorized by article II. of
27this act, but it shall not be lawful to institute proceedings
28under either article while any proceedings under the other
29article are unconcluded.
30Section 255. Abandonment of Optional Form of Government.--
1Whenever, under the provisions of this article, the electors of
2any towns, townships or boroughs elect to incorporate a city
3with one of the optional forms of government provided in the
4Optional Third Class City Charter Law, and later, at an election
5held for that purpose under the Optional Third Class City
6Charter Law, elect to abandon such optional form of government,
7the city shall cease to be governed by the provisions of such
8charter plan and the Optional Third Class City Charter Law on
9the first Monday of January following the next succeeding
10municipal election, and shall thereafter be governed under the
11provisions of this act. The reversion to the form of government
12provided by this act shall take effect as provided in article
13VI. of the Optional Third Class City Charter Law for transition
14to an optional form of government in so far as applicable, and
15in addition any city offices which are elective under this act
16but are not elective under such optional form of government,
17shall be filled at such municipal election.]
21CHANGE OF CORPORATE TITLE
24Section 301. Resolution and Petition to Change Corporate
25Title.--[Whenever the council of any city shall, by resolution,
26decide to change the corporate title of such city, it shall
27present its petition to the court of quarter sessions of the
28county having jurisdiction over the municipal affairs of the
29city, petitioning such court to change the corporate title
30thereof in accordance with the resolution, a certified copy of
6(2) Presenting to the court of common pleas of the county in
7which the city is located a petition, along with a certified
8copy of the resolution, requesting the change in the corporate
9title of the city.
10Section 302. Hearing; Decree.--(a) Upon the presentation to
11the court of [such] the petition and resolution in accordance
12with section 301, the [said] court shall fix a day for a hearing
13[thereof] on the question of the change in the corporate title
14of the city and shall direct that notice of [such] the hearing
15be published once a week for three weeks in [not more than two
16newspapers] a newspaper of general circulation.
17(b) At [such] the hearing, the court shall [hear the] permit
18any resident of the city to give testimony [and argument of
19persons both for and against] either in support of or opposition
20to the change of the corporate title of [such] the city [and, if
21the court is of the opinion that the corporate title of such
22city should be changed as prayed for in the petition of the
23council of said city, shall enter upon the proceedings its order
24and decree changing the corporate title of such city in
25accordance with the resolution of the council thereof; otherwise
26the petition shall be dismissed].
27(c) After hearing testimony, the court shall either order
28and decree changing the corporate title of the city in
29accordance with the petition and resolution of council or
30dismiss the petition.
1Section 303. Recording Decree.--[Upon the filing of a
2certified copy of the decree of the court, changing the
3corporate name of any city, in the office of the Secretary of
4the Commonwealth and the recording thereof in the office of the
5recorder of deeds of the county, the courts of which have
6jurisdiction over the municipal affairs of the city, the
7corporate title of said city shall thereafter be as set forth in
8said decree.] A change in the corporate title of a city that is
9ordered and decreed in accordance with section 302(c) shall not
10become effective until a certified copy of the decree of court
11is filed in the office of the Secretary of the Commonwealth and
12is recorded in the office of the recorder of deeds of the county
13in which the city is located.
14Section 304. Existing Rights and Liabilities Preserved.--No
15change in the corporate title of any city shall in any way
16affect any liabilities incurred, rights accrued or vested,
17obligations issued or contracted, or any suits or prosecutions
18pending or instituted to enforce any right or penalty accrued or
19punish any offense committed prior to [such] the change.
23CREATION AND DIVISION OF WARDS
24Section 16. Section 401 of the act is amended to read:
25Section 401. [Petition for Creation or Division of Wards.--
26New wards may be created in cities, or wards therein may be
27divided, by the court of quarter sessions, on application
28thereto for that purpose, by the petition of at least one
29hundred qualified electors of the district seeking to be created
30as a new ward, or of the ward to be divided, or by the petition
1of the council of the city. No new ward shall contain less than
2three hundred qualified electors according to the last preceding
3enumeration.] General Power of Council in Creation or Division
4of Wards.--(a) In addition to reapportionment of wards pursuant
5to 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and
6section 11 of Article IX of the Constitution of Pennsylvania,
7council may, with or without a petition as provided in section
8401.1 and subject to approval by the registered voters as
9provided in section 407, create new wards, divide a ward or
10wards or detach part of a ward and attach to another ward, in
11accordance with this article.
15(c) All wards in the city shall be numbered and composed of
16compact and contiguous territory as nearly equal in population
17as practicable and as officially and finally reported in the
18most recent Federal census, decennial or special.
19Section 17. The act is amended by adding a section to read:
20Section 401.1. Petition of Registered Voters.--(a)
21Registered voters may petition council to initiate proceedings
22under section 401 to create new wards, divide a ward or wards,
23or detach part of a ward and attach to another ward as follows:
24(1) One hundred registered voters may petition council to
25create or divide a ward if, in the case of a petition proposing
26to create a ward, the petitioners reside in the portion of the
27city which the petition proposes to create as a ward, or in the
28case of a petition to divide a ward, the petitioners reside in
29the ward which the petition proposes to divide.
30(2) Twenty-five registered voters may petition to detach
4(b) Council shall by motion approve by a majority of
5council, and within ninety days of presentment of the petition,
6determine whether to initiate proceedings under section 401. If
7the motion is in favor of initiating proceedings, council shall
8appoint a commission in accordance with section 403.
9(c) In the event that council has not approved a motion
10within ninety days after the presentment of a petition under
11subsection (a), any ten registered voters may petition the court
12of common pleas and contest the existing apportionment as
13violating section 401. The proceedings before the court shall be
14conducted in accordance with 53 Pa.C.S. §§ 906 (relating to
15contest of reapportionment by governing body) and 907 (relating
16to costs and expenses of contest).
19Section 402. [Petition for Striking Territory from One Ward
20and Attaching to Another.--Any part or district of a ward in any
21city may be detached therefrom and attached to another ward by
22the court of quarter sessions of the proper county, on
23application thereto for that purpose, by the petition of at
24least twenty-five qualified electors of the district to be
25stricken off or attached, or by the petition of the council of
26the city] (Reserved).
27Section 403. Appointment of Commission[; Report; Order of
28Court.--Upon the presentation of any such petition praying for
29the creation of a new ward out of parts of two or more wards, or
30the division of a ward, or for the detaching from a ward of a
1part or district thereof and attaching the same to another ward,
2the said court shall appoint five impartial qualified electors,
3residents of the city, but not of the wards to be affected
4thereby, as commissioners to inquire into the propriety of
5granting the prayer thereof: Provided, however, That in cities
6having not more than three wards, said commissioners shall be
7selected from the city at large, and may be residents of the
8ward or wards to be affected thereby. The commissioners so
9appointed, or any four of them, shall examine the premises and
10make a draft of the new ward or wards proposed to be created, or
11of the ward or wards to be divided, or of the wards affected,
12showing the division or change thereof, or showing the lines as
13any separation and attachment will affect them, as the case may
14be, and showing clearly the number of qualified electors
15contained within the proposed new ward. The commissioners shall
16make report to the said court at its next term, together with
17their recommendation.].--(a) If council initiates proceedings
18pursuant to section 401, whether on its own volition or pursuant
19to the petition of registered voters, it shall appoint five
20impartial registered voters who are residents of the city as
21commissioners, to make a report and recommendation concerning
22the necessity, desirability and feasibility of proposed wards.
26(c) In cities having not more than three wards,
27commissioners appointed under subsection (a) shall be selected
28from the city at large, and may be residents of the ward or
29wards to be affected thereby.
30Section 19. The act is amended by adding sections to read:
1Section 403.1. Expenses of Commissioners.--Council shall
2make appropriations for the reasonable expenses of the
3commissioners incurred for their services pursuant to this
4article. Each commissioner shall submit to the city controller
5for approval an itemized account of the commissioner's expenses
6to be paid under the authority of this section.
7Section 403.2. Report.--(a) Commissioners appointed by
8council in accordance with section 403(a) shall examine the
9premises and prepare a report which shall include a draft of all
10wards affected by the proposed creation, division or detachment,
11showing the division or change thereof, or showing the lines of
12wards as any separation and attachment will affect them, as the
13case may be, and showing clearly the population contained within
14the affected wards using figures officially and finally reported
15in the most recent Federal census, decennial or special. The
16report, upon completion, shall be submitted to council and shall
17include a recommendation reflecting the decision of a majority
18of its members concerning the proposed creation, division or
19detachment of a ward or wards.
20(b) Consistent with the standards applied in municipal
21reapportionment pursuant to 53 Pa.C.S. § 903(b) (relating to
22reapportionment by governing bodies), no report shall recommend
23the creation, division or detachment of a ward or wards unless
24the result of implementing the report and recommendation would
25be that each ward in the city is composed of compact and
26contiguous territory as nearly equal in population as
27practicable as officially and finally reported in the most
28recent Federal census, decennial or special.
6Section 404. Election[; Form of Ballot.--If a majority of
7the commissioners appointed report favorably to such creation or
8division, or the detaching from a ward of a part or district
9thereof and attaching the same to another ward, the court shall
10order].--(a) If based upon the report in section 403.2, council
11decides to proceed, it shall certify to the county board of
12elections the question of the creation, [or] division or
13detachment of [such] the ward[,] or wards to be submitted to the
14[qualified electors] registered voters of the ward or wards
15[affected, and in the case of the detachment of territory to the
16electors of the ward from which the territory is to be stricken
17off] or parts thereof which are the subject of the report, at
18the general or municipal election occurring not less than ninety
19days [thereafter] after the report was approved by council.
20(b) The [clerk of said court shall certify such order to
21the] county board of elections [which] shall [thereupon] cause
22[a proper] the question [to be submitted to the qualified
23electors at such] of approving the creation, division or
24detachment of a ward or wards to be placed on the ballot in the
25ward or wards or parts that will be affected thereby, at the
26appropriate election in the manner provided by the Pennsylvania
1newspapers, of general circulation, that such an election will
2be held, and of the time and place of holding the same.] (a)
3The city shall publish a notice of election in a newspaper of
4general circulation at least fifteen days prior to the date that
5the question of approving the creation, division or detachment
6of a ward or wards is to be presented at the specified general
7or municipal election.
8(b) The election notice shall contain a statement of the
9issue to be submitted to the registered voters at the election,
10including the ward, wards or parts thereof to be affected, and
11the date upon which the election is to be held. The notice shall
12reference the report and specify that it is available for review
13and copying as a public record pursuant to the act of February
1414, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."
15Section 406. Election Laws to Apply.--All [the electors,
16judges, inspectors and clerks, voting at and in attendance upon
17the election to be held under the provisions of this article,
18shall be subject to the penalties imposed by] matters relating
19to the election at which the question of approving the creation,
20division or detachment of a ward or wards is to be presented to
21the voters shall be governed by the applicable provisions of the
22Pennsylvania Election Code.
23Section 407. Computing Vote; Return; [Order of Court;]
24Resubmission of Question.--[The officers of such election shall
25receive and count the votes in the manner prescribed by law, and
26shall forthwith make out a return on forms furnished by the
27board of elections, showing the number of votes for and against
28such new ward, or for or against such division or detachment of
29a ward, as the case may be, and shall deliver the same to the
30clerk of the court of quarter sessions within three days. The
1said clerk shall compute said return, and forthwith certify the
2result thereof to the court. If it appears that a majority of
3the votes so taken are for a new ward, or for a division or for
4the detachment of territory and its attachment to another ward,
5said court shall thereupon order and decree the creation of such
6new ward or wards, or such division, or such detachment and
7attachment agreeably to the lines marked out and returned by the
9(a) The county board of elections shall tabulate and publish
10the results of the referendum in a newspaper of general
11circulation within thirty days of the election. A certified copy
12of the results shall be placed on record among the minutes of
14(b) If a majority voted in favor of creating or dividing a
15ward or wards, or the detachment of a part of a ward to be
16attached to another, council shall proceed to create or divide a
17ward or wards or detach a part of a ward to be attached to
18another, in accordance with the report, and shall number the new
19wards when necessary[, and order a certified copy of the whole
20proceeding to be placed on record among the minutes of council].
21(c) If a majority [of votes shall be] voted against [the new
22ward, or against division or against detachment] creating or
23dividing a ward or wards, or the detachment of a part of a ward
24to be attached to another, no further action shall be had upon
25[such proceeding] the question, nor shall any new [application
26for such new ward or such division or detachment and attachment
27be heard] petition on the same question be resubmitted until two
28years from the date of [such] the election.
1council in proceedings for the division of any ward, or the
2creation of new wards, that any of the boundaries or divisions
3thereof are uncertain for any cause, [the said court shall make
4such order or decree as to] council shall determine the
5relocation of the line [as to it may appear proper, so that the
6same shall] to conform as nearly as possible to the boundary
7lines which may have been previously determined upon so long as
8the result is that each ward in the city is composed of compact
9and contiguous territory as nearly equal in population as
10practicable as officially and finally reported in the most
11recent Federal census, decennial or special.
12Section 21. The act is amended by adding a section to read:
13Section 409. Pennsylvania Election Code.--Nothing in this
14article shall be construed as affecting the powers and duties of
15the court of common pleas or the county board of elections and
16restrictions on alteration of election districts as provided in
17Article V of the act of June 3, 1937 (P.L.1333, No.320), known
18as the "Pennsylvania Election Code."
22ANNEXATION OF TERRITORY
23(a) Annexation of Boroughs, Townships and Parts
27[Section 501. Petition for Annexation of Boroughs or
28Townships and Parts of Townships.--Any borough having a
29population of less than ten thousand inhabitants, or any
30township or part of a township, contiguous to any city, whether
3(a) In the case of a borough, the borough council may pass
4an ordinance for such annexation, whenever three-fifths of the
5taxable inhabitants of such borough shall present a petition,
6accompanied with the written consent of a majority in number and
7interest of property owners of the borough, asking for such
9(b) In the case of a township, or part thereof, whenever
10three-fifths of the taxable inhabitants of such township or part
11thereof shall present a petition to the council of said city,
12accompanied with the written consent of a majority in number and
13interest of property owners of such township or part of a
14township, asking for such annexation.
15(c) In case of part of a township, when there are no taxable
16inhabitants residing therein, then whenever three-fifths of the
17property owners in number and interest of property situated
18therein shall present a petition to the council of said city
19asking for such annexation.
20In construing this section, a majority in interest of owners
21of undivided interests in any piece of property shall be deemed
22and treated as one person for the purpose of ascertaining the
23number of petitioners.]
24Section 24. Section 502 of the act is repealed:
25[Section 502. Advertisement; Plots.--Before any such
26petition is circulated or signed, notice thereof shall be given
27by advertisement once a week for four weeks in two newspapers
28published in or circulated throughout the territory to be
29annexed. Such notice shall state the purpose of the petition and
30the date it will be ready for signing. All such petitions shall
6[Section 503. Ordinance of City; Filing Copy Thereof.--Upon
7presentation to the council of such city of a certified copy of
8the ordinance in case of a borough, or of the petition in the
9case of a township or part thereof, together with the required
10plots in any case, the council of said city may, by ordinance,
11annex such borough, township, or part thereof to the said city.
12Certified copies of the borough and city ordinances and the
13petition and the plans shall be filed in the office of the clerk
14of the court of quarter sessions of the county or counties
15involved, and like copies shall be certified to the Department
16of Community Affairs of the Commonwealth. Nothing contained in
17subdivision (a) of this article shall be deemed to require any
18city to annex any borough, township or part of any such
20Section 26. Section 504 of the act is repealed:
21[Section 504. Conclusiveness of Ordinance; Referendum;
22Appeal.--Thirty days after the filing of the said annexation
23ordinance by the said city council, such ordinance and the
24action of the said city council shall be finally conclusive,
25unless an appeal therefrom is taken within the said thirty days,
26by petition to the court of quarter sessions of the county in
27which the city is located, or unless a referendum petition is
28filed as provided in this act.]
1[Section 505. Hearing an Appeal; Notice; Appeal from Final
2Order.--Where an appeal is taken by any person aggrieved by such
3annexation ordinance of the city, the court shall fix a day for
4hearing the same. Notice shall be given to all parties
5interested in such manner as the court shall direct. From any
6such final order or decree, any party in interest, aggrieved by
7such order or decree, may have an appeal to the Supreme Court as
8in other cases. Upon final determination and approval of the
9annexation ordinance, the annexation shall take effect
13[Section 506. Petition for Annexation of Boroughs Having Ten
14Thousand or More Inhabitants.--Whenever electors, equal to at
15least ten per centum of the highest vote cast for any office in
16any borough having a population of ten thousand or more
17inhabitants contiguous to a city at the last preceding general
18election, or whenever ten per centum of the qualified electors,
19residing within any part of a borough having a population of ten
20thousand or more inhabitants contiguous to a city, shall
21petition the council of such city for the annexation of the
22borough, or part thereof, to the contiguous city, and for a
23referendum on the question of such annexation, the council shall
24cause a question to be submitted at the primary or general
25election occurring at least sixty days thereafter, by certifying
26a resolution, duly adopted, to the county board of elections of
27the county or counties in which any part of the city or borough
28is located, for submission of such question on the ballot or on
29voting machines at such election, both in such borough and in
30the city to which annexation is desired, in the manner provided
1by the election laws of this Commonwealth.
2Such question shall be in the following form:
7If a majority of the persons voting on such question in the
8entire borough shall vote "yes," and a majority of the persons
9voting on such question in the city shall vote "yes," then the
10borough or part thereof, as the case may be, shall on the first
11Monday of January next following, be and become a part of the
13If a majority of the persons voting on the question in the
14borough or in the city shall vote "no," no further proceeding
15shall be had, and it shall not be lawful to hold another
16election upon the question until the second general or municipal
17election thereafter occurring.
18All petitions shall be accompanied by a plot or plots of the
19territory to be annexed, showing all streets and highways,
20municipal improvements and public buildings, and all petitions
21for the annexation of a part of a borough shall include a
22description of the part of the borough sought to be annexed.]
25[(b) Annexation of Outlying Lots in a Township
26Section 515. Annexation of Outlying Lots; Appointment of
27Viewers.--Upon application by petition to the court of quarter
28sessions signed by a majority or more of the taxable
29inhabitants, accompanied by the written consent of a majority of
30the property owners in number and interest of any outlots or
1sections of land in a township containing not more than one
2hundred acres of land contiguous to the city, and being part of
3the same county in which the city is situated, stating that they
4desire the same to be annexed to said city, the desirability
5therefor, and describing the lots or land to be annexed, with a
6map or draft of the same, which petition shall be sworn to by
7one or more of the petitioners, and accompanied by the petition
8of the council of the city praying for the annexation of such
9outlots or sections of land and containing a copy of the
10resolution of the council of said city approving the annexation,
11the said court shall thereupon appoint three viewers, who shall
12be nonresidents of the city or of the township whose territory
13is to be annexed, to inquire into and investigate the
14allegations and facts stated in the said petition.]
17[Section 516. Notice of View; Report; Decree.--Notice of the
18first hearing of the said viewers shall be given to the city,
19and to at least one of the petitioners as the court may direct.
20The said viewers, or a majority of them, shall make report to
21said court at its next session after their appointment. If they
22report that they find the statements and facts of said petition
23to be true, and recommend the annexation as prayed for, and if
24no appeal is taken within thirty days therefrom, the said court
25shall thereupon make an order or decree to carry the annexation
26into effect. The city clerk shall forward a certified copy of
27said decree to the Department of Community Affairs of the
1No.6), is repealed:
2[Section 517. Appeal; Hearing; Notice; Decree.--Within
3thirty days after filing of such report, any person aggrieved
4thereby may take an appeal, by petition to the court of quarter
5sessions, setting forth his complaint, and thereupon the court
6shall fix a day for hearing the same. Notice of such appeals
7shall be given to all parties interested by publication once in
8one newspaper, in accord with the provisions of section one
9hundred and nine of this act. After such hearing, the court
10shall decide whether the proceedings are in conformity with this
11act, and make an order or decree either dismissing the appeal
12and approving such annexation or sustaining the appeal and
13dismissing the annexation. When the court of quarter sessions
14makes an order to carry such annexation into effect, where no
15appeal is taken, and upon final determination and approval of
16the annexation ordinance, where an appeal has been taken, the
17said outlots or sections of land shall at once and thereafter be
18a part of said city as fully as if the same had been originally
19a part thereof. A certified copy of any final decree or order
20approving such annexation shall be forwarded by the city clerk
21to the Department of Community Affairs.]
24[Section 518. Compensation of Viewers.--The viewers herein
25provided for shall be allowed five dollars per day for each and
26every day actually spent by them in the performance of their
27duties, together with their actual necessary expenses. The costs
28of the proceedings in all cases shall be paid by the city.
29(c) Annexation of Part of a Borough
30Section 525. Petition for Annexation of Territory in a
1Borough; Ordinance of City.--Territory in a borough contiguous
2to a city or separated therefrom by a river or stream may be
3detached from the borough and annexed to the city in the
5A petition signed by owners of the land in the territory
6proposed to be detached and annexed, and described in the
7petition, shall be presented to the borough authorities, who, if
8they find that the petition is signed by either a majority of
9freehold owners or by the owners of two-thirds of the area of
10the territory described, and that the assessed valuation of the
11territory described is not in excess of five per centum of the
12assessed valuation of the borough, may, by ordinance, detach the
13described territory, subject to the acceptance of the detached
14portion by the city of the third class, and upon notice from the
15council of the borough that it has ordained the detachment of
16the described territory of the borough for the purpose of having
17it annexed to the city, the city may, by ordinance, annex the
18portion of the borough so proposed to be detached.]
21[Section 526. Filing of Plans.--Upon such annexation by
22ordinance, a plan of the territory annexed shall be filed by the
23city council in the office of the county commissioners and with
24the clerk of the court of quarter sessions and thereupon the
25detachment and annexation shall be effective: Provided, however,
26That if there be no delay through litigation or causes beyond
27the control of the councils, the plan shall be filed, as herein
28required, within thirty days after the passage of the annexation
29ordinance by the city council, and, if the proceedings are not
30thus completed, they shall be void in their entirety and of no
5[(d) Indebtedness and Public Property when Borough or
6Township is Annexed
7Section 535. Apportionment of Indebtedness of Borough or
8Township; Taxes to be Uniform.--All the indebtedness of each
9borough or township annexed to a contiguous city under the
10provisions of this act, as well as the indebtedness of the city
11to which the same is annexed, shall be paid by the city as
12enlarged by such annexation; and all territory included within
13the limits of the same shall be liable for the payment of the
14floating and bonded indebtedness, and the interest thereon, of
15all the territory included within such enlarged city; and all
16taxes thereafter levied therefor shall be uniform throughout the
17territorial limits of such enlarged city.
18Section 536. Property of Annexed Territory to Become
19Property of City.--All of the public property owned by any such
20borough or township annexed to any city shall become and remain
21the public property of the said city.
22(e) Apportionment of Indebtedness when Part of a Township
23or Outlying Lots are Annexed]
26[Section 540. Adjustment of Indebtedness when Part of
27Township is Annexed.--Where any part of any township or outlying
28lots thereof are annexed to any city, the township officers of
29that part of the said township not annexed, and the city council
30of the said city, shall make a just and proper adjustment and
1apportionment of all public property owned by the said township
2at the time of said annexation, both real and personal,
3including funds as well as indebtedness, if any, to and between
4the said township and the city. In making such adjustment and
5apportionment of the property and indebtedness, the township and
6the city shall be entitled respectively to share in a division
7of the property and indebtedness in the proportion that the
8assessed valuation of the land remaining in the township bears
9to the assessed valuation of the land annexed: Provided,
10however, That where indebtedness was incurred by the township
11for an improvement located wholly within the annexed part of the
12township, the whole of such indebtedness shall be assumed by the
13city, and where any part of any such improvement is located
14within the annexed part of the township, the part of such
15indebtedness representing the part of the improvement located
16within the territory annexed, shall be assumed by the city, and
17the adjustment and apportionment of any remaining debt, and the
18public property of the township shall be made as above provided.
19The adjustment and apportionment as made shall be reduced to
20writing, and duly executed and acknowledged by the proper
21officials, and filed in the office of the clerk of the court of
22quarter sessions of the county in which said city is located. A
23copy of such adjustment and apportionment shall be forwarded by
24the city clerk to the Department of Community Affairs of the
1and adjustment of their property and indebtedness within six
2months after any such annexation, then, in that case, the said
3council or any officer of said township may present a petition
4to the court of quarter sessions of the county in which the said
5city is located. Whereupon the said court shall appoint three
6disinterested commissioners, residents and taxpayers of said
7county not residing in the said city nor in the said township,
8who, after hearing, due notice of which shall be given to the
9city and township interested by publication once in one or more
10newspapers, at least twenty days before said hearing, in accord
11with the provisions of section one hundred and nine of this act,
12shall make report to the court, making an apportionment and
13adjustment according to the provisions of this act of all the
14property as well as indebtedness, if any, to and between the
15said city and the said township, said report to state the
16amount, if any, that shall be due and payable from the city to
17the township, or from the township to the city, as well as the
18amount of indebtedness, if any, that shall be assumed by the
19city or township, or both of them.
20Section 542. Notice of Filing of Report; Exceptions;
21Confirmation.--The commissioners shall give the city and the
22township at least five days' notice of the filing of their
23report. Unless exceptions are filed thereto by the city or by
24the township within thirty days after filing thereof, the same
25shall be confirmed by the court absolutely. Any sum awarded by
26the report to the city or to the township shall be a legal and
27valid claim in its favor against the city or township charged
28therewith, and the amount of debt, if any, apportioned to any
29city or township shall be a legal and valid claim against such
30city or township charged therewith. Any property, real or
1personal, given and adjudged to the city or the township shall
2become and be the property of the city or the township to
3whichever one the same is given and adjudged. Upon such report
4being confirmed, such claim or indebtedness charged against any
5city or township may be collected in the same manner as a
6judgment is collected against any city or township.
7Section 543. Compensation of Commissioners; Costs.--The
8commissioners shall be allowed five dollars per day for each day
9actually spent by them in the performance of their duties,
10together with their actual necessary expenses. All costs and
11expenses of such proceedings shall be apportioned by the court
12to and between the said city and the said township as it shall
16[Section 544. Disposition of Exceptions; Appeal.--In case
17exceptions are filed to the report of the commissioners, the
18court shall dispose of the same, taking testimony if deemed
19advisable, and the decision of the court thereon shall be final
20and binding on the several cities and townships, unless an
21appeal is taken.]
25[Section 545. Jurisdiction when Territory is in Two or More
26Counties.--In cases where a city or township is situated in two
27or more counties, the court of quarter sessions of the county in
28which the city is located shall have exclusive jurisdiction over
29the matter, but the same shall be heard by a judge, not a
30resident of either of the judicial districts affected, who shall
4(f) Apportionment of Indebtedness when Part of a
5Borough is Annexed
6Section 550. Apportionment of Indebtedness; Decree of
7Court.--The court of quarter sessions having jurisdiction of the
8city, in cases where any part of a borough is annexed to a city,
9upon a petition of the borough or city, may hear evidence and
10consider the indebtedness and assessed valuation of the borough
11and the city and the assessed valuation of the territory
12annexed, and may enter a decree making such adjustment of the
13indebtedness and the manner and time of the payment thereof as
14to the court may seem meet and proper.
15Section 551. Collection of Taxes Assessed Prior to
16Annexation.--Any taxes assessed prior to the going into effect
17of the proceedings shall be paid to the borough, and the
18collection and enforcement thereof shall be as though the land
19had not been detached.
23[Section 560. Distribution of Annexed Territory Among Wards;
24New Wards; Ward Officers.--Within thirty days from the effective
25date of any annexation, the city council shall cause a petition
26to be presented to the court of quarter sessions of the county
27in which the said city is located, praying for the distribution
28of the annexed territory among the wards of the said city, or
29for the creation of a new ward or wards out of the same, and to
30make such order or decree as may be necessary to constitute such
1ward or wards an election district or election districts, or add
2to or create new election districts in a ward or wards to which
3such territory is attached, and the said court shall, in case of
4the creation of a new ward or wards, appoint the election and
5other officers of the same, and name the place or places of
6holding the first election in the said ward or wards for ward
7officers, and, for that purpose, may order a special election,
8if said court shall deem the same necessary, to be conducted in
9the manner provided by the Pennsylvania Election Code. The
10officers elected at such special election shall hold their
11respective offices until their successors, elected at the next
12succeeding municipal election, shall be duly qualified. Any
13decree of court creating a new ward or wards shall be entered in
14full upon the records of said court and certified copies
15thereof, under the seal of the court, shall be delivered by the
16clerk of said court to and be filed by the city clerk of the
17city and the secretary of the school district in which said ward
18or wards become located. The clerk of the court of quarter
19sessions shall likewise certify copies thereof to the Secretary
20of the Commonwealth and to the Department of Community Affairs.]
23[(h) Annexation of Property Owned by a City]
7[Section 562. Upon such annexation by ordinance, a plan of
8the territory annexed shall be filed by the city council in the
9office of the county commissioners and with the clerk of the
10court of quarter sessions, and thereupon the annexation shall
12The annexation proceedings authorized by these sections are
13in addition to, and not in substitution of, proceedings
14otherwise provided by law for annexation of territory, and may
15be followed without reference to or compliance with such other
20[(i) Terms and Salaries of Officials and Employes
21of Annexed Territory
22Section 570. Annexation Officials and Employes.--In case of
23annexation, all salaried public officials of territory annexed
24who have theretofore been elected for a definite term shall
25continue to receive during the term for which they were elected
26the same salaries as they would have received except for such
27annexation, and it shall be the duty of the mayor of such city
28to assign to such public officials the performance of such
29suitable services and duties as will be in the public interest
30of the city and particularly of the annexed portion thereof. In
1case of nonelective employes of such annexed borough or
2township, they shall, so far as practicable, be employed at
3corresponding duties by the city in accordance with rules and
4regulations to be established by city ordinance. Tax collectors
5holding office at the date of annexation shall continue to
6perform the duties and receive the emoluments of office for the
7full term for which they were elected, but upon the expiration
8of such term, the office shall be abolished within such
9territory and the duties thereof shall be merged with that of
10the collector of taxes of such city of the third class.
12Section 580. Annexation Ordinances.--In case of annexation,
13all ordinances governing the annexed territory shall remain in
14full force and effect over the annexed territory until
15appropriate ordinances are passed by the Council of the city of
16the third class integrating ordinances of the annexed territory
17with those of the city of the third class.]
24Section 601. Navigable Stream Boundaries.--Whenever any city
25is bounded by the nearest margin of a navigable stream, and an
26opposite [township, borough, or city] municipal corporation is
27also bounded by the nearest margin of the same stream, the
28boundaries of [such] the city shall extend to the center line of
29the stream. Nothing contained in this section shall be construed
30to repeal any local or special law providing otherwise.
1Section 602. Court to Establish Disputed Boundaries.--[The
2court of quarter sessions, upon petition of any interested
3political subdivision] (a) In any case in which a city or any
4municipal corporation contiguous to the city disputes the
5boundary between them, the court of common pleas, upon petition
6of the city or the contiguous municipal corporation, may
7ascertain and establish the disputed [boundaries between any
8such parties. Whenever the] boundary.
9(b) In any dispute [involves] involving the boundaries of
10counties, the provisions of [the County Code shall apply to that
11extent.] this article shall not supersede the application of the
12relevant provisions of the act of August 9, 1955 (P.L.323,
13No.130), known as "The County Code," and the act of July 28,
141953 (P.L.723, No.230), known as the "Second Class County Code,"
15or any other law applicable to the fixing of county boundaries.
16Section 603. Petition to Court; Commissioners; Report.--Upon
17[such] petition in accordance with section 602(a), the court
18shall appoint [as] three impartial commissioners [three
19impartial qualified electors], who shall have authority to
20employ a professional engineer or surveyor. After giving notice
21to interested parties [affected] by publication once in at least
22one newspaper of general circulation, in conformity with section
23[one hundred and nine of this act, they shall view the disputed
24boundaries] 109, or as directed by the court, the commissioners
25shall hold a hearing and view the disputed boundaries. A
26majority of the commissioners shall make [a prompt] its report
27and recommendations to the court, [which report shall be]
28accompanied [with] by a plot or draft of the lines and
29boundaries proposed [boundary, if the same cannot be fully
30described] to be ascertained and established if they cannot be
1fully designated by natural lines[. The] or boundaries. Upon the
2filing of the report, it shall be confirmed nisi, and the court
3[shall] may make [such] further order [thereupon as to] as it
4shall [seem] deem just and reasonable.
5Section 604. [Reviews;] Exceptions and [Issues.--Any person
6affected may petition the court for a review, or may except to
7the report of the commissioners. When matters of fact are in
8dispute, the court may frame an issue and certify the same for
9trial to the court of common pleas.] Procedure.--Exceptions to
10the report may be filed by any interested person or municipal
11corporation within thirty days after the filing of the report,
12and the court shall set a day for the hearing of the exception.
13Notice of the hearing shall be given as the court may direct.
14After hearing, the court may sustain the exceptions or dismiss
15them and confirm the report or refer the report back to the same
16or new commissioners with authority to make another report. If
17no exceptions are filed within thirty days after the filing of
18the report, the court shall confirm the report absolutely. When
19any report is confirmed absolutely, the court shall enter a
20decree establishing the lines and boundaries as shown in the
22Section 605. Pay and Expenses of Commissioners.--The
23commissioners shall each receive [five dollars per day, for each
24day necessarily employed in the performance of their duties, as
25well as mileage at the rate of ten cents per mile for each mile
26necessarily traveled, and reasonable expenses incurred for
27surveying] reasonable compensation as established by the court
28and reasonable expenses incurred for surveying services, to be
29paid equally by the [political subdivisions interested] city and
30any interested municipal corporation.
1Section 606. Boundary Monuments.--[Whenever a boundary is
2established pursuant to the preceding sections of] If a
3boundary, ascertained and established pursuant to this article,
4[the court shall cause such part of the same as] cannot be fully
5described by natural lines, the court shall cause it to be
6marked with permanent monuments, placed at intervals not
7exceeding fifteen hundred feet[,] and at the end of any course[,
8and the]. The expense of placing [the said] these monuments,
9[when] as approved by the court, shall be borne equally by the
10[political subdivisions interested, and the court shall compel
11payment of the same according to law] city and any interested
16ELECTED OFFICERS AND ELECTIONS
19Section 701. Elected Officers; Term; Eligible to Reelection;
20Vacancies Where Elected Officer Fails to Qualify.--[The] (a)
21(1) Except as provided in subsection (c), the elected officers
22of each city shall be a mayor, four [councilmen] council
23members, a controller, and a treasurer.
24(2) Except as provided in section [seven hundred and two of
25this act] 702 with respect to the first election of members of
26council, each [of such officers] elected officer shall serve for
27a term of four years from the first Monday of January next
28succeeding [his] the officer's election[,] until the first
29Monday of January in the fourth year thereafter.
30(3) Any such officer shall be eligible to reelection.
1(b) Any person elected to a city office who fails to qualify
2[within thirty days after the first Monday of January following
3his election] in accordance with the provisions of sections 904
4and 905 and, as applicable, section 1001, 1201, 1401 or 1701,
5shall be ineligible to qualify thereafter. A vacancy shall then
6exist in the [said] office and a person shall be appointed to
7fill [said] the vacancy in the manner provided by this act.
8(c) In accordance with this subsection, two additional
9council members may be elected to form a seven-member council
10comprised of six council members and the mayor, or a city that
11has opted for a seven-member council may reestablish a five-
12member council comprised of four council members and the mayor,
13in accordance with the following:
14(1) Upon petition of at least five per centum of the
15registered voters of the city or pursuant to a resolution of
16council, and after approval by a majority of those voting at the
17next municipal or general election, there shall be elected two
18additional council members, so that the council shall be
19comprised of six council members and the mayor.
20(2) The referendum petition or resolution of the council
21certified by the city clerk shall be filed with the county board
22of elections not later than the thirteenth Tuesday before the
23next municipal or general election. The county board of
24elections shall place the question before the electors as
25provided by the Pennsylvania Election Code. The form of the
26question shall be as follows:
8(i) At the first municipal election following approval at a
9general election of the question providing for the election of
10two additional council members, one of the additional council
11members shall be elected for a term of four years and one for a
12term of two years, each to serve from the first Monday of
13January after the election.
14(ii) At the first general election following approval at a
15municipal election of the question providing for the election of
16two additional council members, one of the additional council
17members shall be elected for a term of three years and one for a
18term of one year, each to serve from the first Monday of January
19after the election.
23(5.1) In cities divided into wards, the two new council
24members elected in accordance with clause (5) shall represent
25the city at large. No sooner than four years after the election
26adding two additional council members, the city may change the
27representation of either or both of the two additional seats
28from at-large to ward representation in accordance with Article
29IV or any other law.
30(6) In cities in which the electorate has opted for a seven-
1member council, comprised of six council members and the mayor,
2the city shall return to a five-member council, including the
3mayor, upon petition of at least five per centum of the
4registered voters of the city or pursuant to a resolution of the
5council, and after approval by a majority of electors voting at
6the next municipal or general election. The referendum petition
7or resolution shall be filed with the county board of elections
8not later than the thirteenth Tuesday before the next municipal
9or general election. The county board of elections shall place
10the question before the electors as provided under the
11Pennsylvania Election Code. The form of the question shall be as
16(7) The county board of elections shall tabulate and publish
17in a newspaper of general circulation the results of the
18referendum within thirty days of the election. In no event shall
19the question of reducing the seven-member council be voted on
20more than once in any five-year period.
21(8) At the first municipal election following approval of
22the question providing for the return to a five-member council,
23to be comprised of four council members and the mayor, four
24council members shall be elected to serve from the first Monday
25of January after the election, when the terms of the six council
26members serving on the seven-member council shall cease. The
27four candidates receiving the highest number of votes for the
28office of council member shall be elected. The two candidates
29receiving the first and second highest number of votes shall
30serve for a term of four years. The two candidates receiving the
4Section 702. First Elections in Newly Created Cities.--(a)
5At the first municipal election occurring at least ninety days
6after the date of the letters patent issued by the Governor
7incorporating [and] the city, the [qualified electors of such]
8registered voters of the city shall elect [a mayor, a treasurer,
9and a controller] city officials as set forth in section 701(a)
10(1). [At such election, the electors of such city shall also
11elect four councilmen.]
12(b) The two candidates for [such office] council receiving
13respectively the highest number of votes at [such] the election
14shall serve for a term of four years from the first Monday of
15January next succeeding their election until the first Monday of
16January in the fourth year thereafter[, and the two candidates
17at such election].
18(c) The two candidates for council receiving the next
19highest number of votes shall serve for a term of two years from
20the first Monday of January next succeeding their election until
21the first Monday of January in the second year thereafter.
22Section 703. Nominations and Elections.--All matters
23relating to nominations of candidates and election of city
24officers shall be governed by the applicable provisions of the
25Pennsylvania Election Code.
26Section 704. Certificates of Election.--[Whenever an
27election shall have been held for city officers, for regular
28terms of service] Upon the election of city officers in
29accordance with this article, it shall be the duty of the
30[officer-elect to procure from the] county board of elections to
1issue, and of the officer-elect to procure, a certificate of
2election [as issued by the board, according to law, and to lay
3the same before]. The officer-elect shall present the
4certificate of election to council on the date and time fixed by
5law for [their] its organization[; and the said]. The
6certificate shall be filed among the city archives, and its
7presentation shall be noted in the minutes.
11VACANCIES IN OFFICE
14Section 801. Vacancies in Council and Office of Mayor.--[If
15a vacancy exists in the city council, whether as to the office
16of mayor or one or more of the other members of council, the
17city council shall, by a majority of its remaining members, fill
18such vacancy, within thirty days thereafter, by electing a
19qualified person to serve until that first Monday of January
20when his successor who shall have been elected by the qualified
21electors at the next municipal election, occurring at least
22thirty days after such vacancy exists, is duly sworn into office
23for the remainder of the term of the person originally elected
24to said office.
25In case vacancies should exist whereby the offices of three
26or four of the five members of the city council become vacant,
27the remaining one or two members shall fill such vacancies, one
28at a time, giving each new appointee such reasonable notice of
29his appointment as will enable him to meet and act with the then
30qualified member or members of the city council in making
1further appointments until three members of city council have
2been qualified, whereupon the said three members shall fill the
3remaining vacancies at a meeting attended by the said three
4members of said city council, such appointees to receive a
5majority of the votes of the said three members present at any
6such meeting. The person or persons selected to fill such
7vacancy or vacancies shall hold their offices as herein
9If, by reason of a tie vote, or otherwise, such vacancy shall
10not have been filled by the remaining members of city council
11within the time as limited herein, the court of common pleas,
12upon the petition of ten or more qualified electors shall fill
13such vacancy by the appointment of a qualified person, for the
14portion of the unexpired term as above provided.
15If at any time vacancies should occur or exist in the
16membership of all five members of city council, the court of
17common pleas shall appoint a city council, including a mayor, of
18persons properly qualified, who shall serve as herein provided.]
19(a) Within thirty days of a vacancy in the office of mayor or
20other member of city council, or if an elected mayor or council
21member has failed to qualify pursuant to section 701 prior to
22taking office, the council shall, by a majority of its remaining
23members, appoint a qualified person to fill the vacant office.
24(b) If council does not fill a vacancy within thirty days in
25accordance with subsection (a), or if vacancies should exist in
26the offices of a majority or more of the members of the city
27council, including the position of mayor, the president judge of
28the court of common pleas having jurisdiction within the city
29shall fill the vacancy or vacancies upon either the petition of
30ten or more qualified electors of the city or the petition of a
1majority of the remaining members of council.
9(d) If necessary to fill the unexpired term of the person
10originally elected to an office that has become vacant, a person
11shall be elected at the municipal election referred to in
12subsection (c) to serve from the first Monday of January after
13that election for the remainder of the unexpired term.
16Section 802. Vacancy in Office of Controller or of
17Treasurer.--[If a vacancy occurs in the office of city
18controller or in the office of city treasurer, the city council
19shall fill such vacancy, within thirty days thereafter, by
20choosing a city controller or a city treasurer, as the case may
21be, to serve until his successor is elected by the qualified
22electors at the next municipal election, occurring at least two
23hundred days after such vacancy occurs, and is duly sworn into
24office. The person so elected shall serve for the remainder of
25the term of the person originally elected to such office.
26If by reason of a tie vote or otherwise, such vacancy shall
27not have been filled by the members of city council within the
28time as limited herein, the court of common pleas upon the
29petition of ten or more qualified electors shall fill such
30vacancy by the appointment of a qualified person for the portion
1of the unexpired term as above provided.] (a) Within thirty
2days after a vacancy occurs in the office of city controller or
3in the office of city treasurer, or if an elected city
4controller or city treasurer has failed to qualify pursuant to
5section 701 prior to taking office, the council shall appoint a
6qualified person to fill the vacant office.
7(b) If council does not fill a vacancy within thirty days in
8accordance with subsection (a), the president judge of the court
9of common pleas having jurisdiction within the city shall fill
10the vacancy upon the petition of ten or more registered voters
11of the city.
19(d) If necessary to fill the unexpired term of the
20controller or treasurer whose office has become vacant, a person
21shall be elected at the municipal election referred to in
22subsection (c) to serve from the first Monday of January after
23that election for the remainder of the unexpired term.
24(e) In any case in which a person is elected or appointed to
25fill an office for which a bond is required and if, within
26fourteen days of the date that person is scheduled to take the
27oath of office at the organizational meeting of council, the
28person fails to post a bond, the office shall be deemed to be
29vacant and the resulting vacancy shall be filled in the manner
30provided by this act.
4GENERAL PROVISIONS RELATING TO CITY
5OFFICERS AND EMPLOYES
8Section 901. Appointment and Removal of Officers and
9Employes; Removal from Elective Office; Employes Not to Hold
10Elective Office.--(a) Council shall have the power of
11appointment and dismissal of all city officers and employes,
12other than elected officers, and shall provide for the removal
13of officers of the city whose offices are established by
14ordinance, except where otherwise provided by this act.
20(i) by impeachment;
25(2) Provisions of this act or other provisions of law
26requiring a forfeiture of office upon the conviction of a crime
27shall apply only if the court determines that the conviction is
28for misbehavior in office or for an infamous crime.
1provided by law.
12Section 902. Officers and Employes; Number; Duties;
13Compensation.--[Council shall] (a) Except as otherwise provided
14by this act, council may prescribe, by ordinance, the number,
15duties, and compensation of the officers and employes of the
16city. [No payment of such compensation shall be made from the
17city treasury or be in any way authorized, to any person except
18an officer or employe elected or appointed in pursuance of law.
19No ordinance shall be passed giving any extra compensation to
20any officer, servant, employe or contractor, without previous
21authority of law.]
1contrary to this section, [shall be guilty of] commits a
2misdemeanor[,] and shall, upon conviction [thereof, shall
3forfeit his office], be subject to forfeiting office in
4accordance with section 901(b)(2) and [be] sentenced to pay a
5fine not exceeding five thousand dollars, or to undergo
6imprisonment not exceeding one year, or both, at the discretion
7of the court.
8Section 903. [Salaries of Officers not to be Increased After
9Election] Changes in Salary, Compensation and Emoluments of
10Officers.--(a) No city shall increase or diminish the salary,
11compensation, or emoluments of any elected officer after [his]
12the officer's election. Any change in salary, compensation or
13emoluments of the elected office shall become effective at the
14beginning of the next term of the member of council or other
18Section 904. Offices to be Held until Qualification of
19Successors.--Any officer of any city, who has been elected or
20appointed and has qualified, shall hold [said] office until
21[his] the officer's successor is elected or appointed and [duly
22qualifies.] takes the oath of office, provides any necessary
23bond and takes any other necessary actions required by law to
24qualify to assume office. Should any elected official fail to
25appear at the organizational meeting of the city council to
26demonstrate the official's qualifications for office and to take
27the oath of office, the official shall fully qualify for office
28and shall take the oath of office within fourteen days of the
29date of the organizational meeting of the council or the office
30of that elected official shall be deemed to be vacant and the
1vacancy shall be filled in the manner provided by this act. When
2the terms of office of more than one council at-large member
3expire, and more than one seated council member are to be
4replaced as the result of an election, and only one of the newly
5elected council members fails to qualify to assume office, those
6members whose terms have expired and who are to be replaced
7shall draw lots to determine which of them shall continue to
8serve on council until the member's successor duly qualifies for
9and takes the oath of office. No person continuing to hold
10office pursuant to this section after the first Monday of
11January which would have marked the end of the person's term
12shall participate in the deliberations concerning or in any vote
13appointing the person's successor.
14Section 905. Oath of Office; Violation of Oath; Penalty.--
15(a) All officers of the city, whether elected or appointed,
16shall, before entering upon their respective duties, take and
17subscribe [the oath prescribed by section 1 of article VII of
18the Constitution of this Commonwealth. Any person refusing to
19take such oath shall forfeit his office. Any person guilty of a
20violation of his oath shall be guilty of a misdemeanor, and,
21upon conviction, shall forfeit his office, and be sentenced to
22pay a fine not exceeding one thousand dollars, or to undergo an
23imprisonment not exceeding one year, or both, at the discretion
24of the court.] an oath or affirmation of office pursuant to 53
25Pa.C.S. § 1141 (relating to form of oaths of office).
26(b) Any person refusing to take the oath shall be deemed not
27to have met the qualifications to hold office. Any person who
28violates the person's oath commits a misdemeanor and shall, upon
29conviction, be sentenced to pay a fine not exceeding one
30thousand dollars or to undergo imprisonment not exceeding one
3Section 906. Bond to be Given by Officers and Agents.--
4[Council] In addition to the requirements for bonding that may
5be imposed by this act or any other law, council may require
6from all officers and agents of the city, elected or appointed,
7lawful bonds with corporate sureties for the faithful
8performance of their duties. No officer or agent required by law
9or ordinance to give bond, as aforesaid, shall be sworn into
10office or enter upon the duties thereof until such bond shall
11have been duly approved by the proper authority.
12Section 907. Surety Bonds; [Premiums.--When any officer or
13employe of any city is required to give a bond for the faithful
14performance of this duties, such bond shall be endorsed by a
15surety company, and the city shall pay the premium on such bond.
16The bonds of city officers and employes hereafter given shall be
17with corporate sureties and not with individual or personal
18sureties.] Insurance; Premiums.--(a) Unless otherwise provided
19by this act or any other provision of law, the following shall
20apply when any elected or appointed officer or employe of any
21city is required to give a bond:
30(4) The city shall pay the premium on the bond, unless all
1or a portion of the premium on the bond is to be paid by the
2Commonwealth or political subdivisions other than the city, or
3unless provisions are otherwise made in law for payment of the
4premium on the bond, in which case the city shall pay the unpaid
5portion of the premium.
6(5) The bond shall be approved by the city solicitor.
10(b) Except as may be otherwise provided in section 1402,
11when any elected or appointed officer or employe of any city is
12required to give a bond for the faithful performance of the
13officer's or employe's duties, council may, in lieu of the bond,
14purchase one or more blanket bonds for elected or appointed
15officers or employes or it may purchase insurance provided that
16the insurance covers the same events of loss and insures the
17city against the same misconduct as the bond in compliance with
19(c) In addition to any bond required by this act for the
20faithful performance of official duties by any elected or
21appointed officer or employe of any city or any insurance in
22lieu of the bond, council may require city officers or employes
23who as part of their official duties handle money or have money
24in their possession at any time to be covered by adequate
25insurance which provides the types of protection against loss as
26may be designated by council, which may include, but need not be
27limited to, protection against loss through robbery, burglary or
28larceny. The cost of the insurance shall be paid by the city and
29the amount of the insurance shall be fixed by council.
30Section 908. Officers not to Become Surety on Bonds Given to
1City; Penalty.--No member of the council, or any other city
2officer, shall become surety [in] on any bond or obligation
3given to the city by any agent or contractor[,] for the faithful
4performance of any trust, agency, or contract. Any person
5violating any of the provisions of this section [shall be guilty
6of] commits a misdemeanor[,] and shall, upon conviction, [shall
7forfeit his] be subject to forfeiting office in accordance with
8section 901 and [be] sentenced to pay a fine not exceeding one
10Section 909. Moneys and Accounts to be Delivered by Officer
11to Successor.--Every officer of the city receiving or having in
12[his] the officer's possession any money, accounts, property,
13documents or effects belonging to the city shall, upon
14termination of [his] office, deliver the same to the city or to
15[his] the officer's qualified successor. Any person violating
16the provisions of this section shall[, upon summary conviction
17thereof before an alderman or justice of the peace, be sentenced
18to pay a fine of not less than one hundred dollars or more than
19three hundred dollars, and, in default of payment, undergo
20imprisonment not exceeding ninety days. Such failure to deliver
21shall, for each day thereof, be a separate and distinct
22offense.] be subject to prosecution in accordance with the
23applicable provisions of 18 Pa.C.S. (relating to crimes and
24offenses). Nothing set forth in this section may limit any other
25remedies at law or at equity available to the city.
1receive, directly or indirectly, for himself or for another,
2from any company, corporation, or persons, any moneys, office,
3appointment, employment, testimonial, reward, thing of value or
4enjoyment or of personal advantage, or promise thereof, for his
5vote or official influence, or for withholding the same, or with
6an understanding, expressed or implied, that his vote or
7official action shall be in any way influenced thereby, or who
8shall solicit or demand such money or other advantage, matter,
9or thing, aforesaid, for another, as the consideration of his
10vote or official influence, or for withholding the same, or who
11shall give or withhold his vote or influence in consideration of
12the payment or promise of such money, advantage, or thing to
13another, shall be guilty of bribery, a felony, and, upon
14conviction thereof, shall be sentenced to pay a fine not
15exceeding ten thousand dollars, and to undergo imprisonment for
16a period not exceeding five years, and shall be forever
17incapable of holding any place of profit or trust in this
19Section 911. Bribery of Officers or Employes; Penalty.--Any
20person who shall, directly or indirectly, offer, give, or
21promise any money or anything of value, testimonial, privilege,
22or personal advantage to any member of council or other city
23officer or employe, to influence him in the performance or
24nonperformance of any of his public or official duties, shall be
25guilty of bribery, and, upon conviction thereof, shall be
26sentenced to pay a fine not exceeding ten thousand dollars, and
27to undergo imprisonment for a period not exceeding five years,
28and shall be forever incapable of holding any place of profit or
29trust in this Commonwealth.
30Section 912. City Property not to be Used by Officers for
1Gain; Penalty.--No portion of the property of the city shall be
2used for private gain by any officer of the city, councilman,
3agent or employe of said city, or any department thereof; nor
4shall the same be wilfully used or injured, or be sold or
5disposed of in any manner by any officer, councilman, agent or
6employe, without the consent of the council. Any person
7violating any of the provisions of this section shall be guilty
8of a misdemeanor, and, upon conviction, shall be sentenced to
9pay a fine not exceeding five hundred dollars, or to undergo
10imprisonment not exceeding one year, or both, at the discretion
11of the court. Upon such conviction, the party offending shall be
12forthwith removed from his office or employment, and shall not
13thereafter be eligible to election or appointment to any place
14of profit or trust under said city, or any department thereof.
15Section 913. City not to Engage in Private Construction.--No
16official, officer, agent or employe of any city or of any
17department, office, institution or agency thereof, shall dispose
18of, or authorize or permit the disposal of, any services,
19materials, supplies or labor belonging to, or paid or contracted
20for by, the city or any of its departments, offices,
21institutions or agencies, in any building, installing, laying or
22other work of construction of any manner of thing, whether
23gratuitously or for a consideration, for private rather than
24public benefit, within or without the city's boundaries, unless
25such disposal is expressly or by necessary implication
26authorized or required by law. This section is intended to
27prohibit encroachment of officials, officers, agents or employes
28of a city upon the markets of legitimate private enterprise
29engaged in all types of construction work. Any official,
30officer, agent or employe of a city or any department, office,
1institution or agency thereof, violating the provisions of this
2section, shall, upon summary conviction thereof, forfeit and pay
3to the city a fine of not less than one hundred nor more than
4three hundred dollars for each such offense, or in default
5thereof undergo imprisonment for not more than ninety days; and
6each day's violation shall constitute a separate and distinct
8Section 914. Warrants or Claims not to be Purchased by
9Officers; Penalty.--No member of the council or other officer of
10such city, shall purchase any warrant, order, or claim for labor
11or supplies furnished to said city, nor be interested, directly
12or indirectly, in the purchase of the same for any sum less than
13the amount specified therein. Any such person violating any of
14the provisions of this section shall be guilty of a misdemeanor,
15and, upon conviction thereof, shall forfeit his office and be
16sentenced to pay a fine not exceeding one hundred dollars.
17Section 915. Imposition of Penalties.--Whenever any offense
18punishable under this article IX shall also be punishable under
19the Penal Code of 1939, the penalties imposed, other than
20forfeiture of office or right to hold office, shall be only
21those prescribed by said Penal Code.]
24Section 916. [City Leagues] Pennsylvania Municipal League
25and Other Municipal Affairs Organizations.--Any city may unite
26with other cities, or with the cities of two or more classes, or
27with any other municipalities, and may form and organize
28[leagues] a league of said cities[,] and municipalities and hold
29annual conventions for the study and consideration of such
30municipal affairs as concern and pertain to the cities and
1municipalities comprising the league. [Each] A city that is a
2member of [a] the league may send delegates thereto and pay the
3necessary expenses incident to their attending [said] the annual
4convention, [and] pay dues to the league, appropriate moneys to
5join and participate in any of the various business and training
6programs of the league designed to address municipal needs in a
7cost-efficient manner and provide a fund for the necessary costs
8and expenses of the league and league conventions and the work
9carried on by [said] the league. Each delegate shall submit to
10the city controller for approval an itemized account of [his]
11the delegate's expenses to be paid [him] under the authority of
12this section. Council is hereby authorized to appropriate
13[monies] moneys for like support of and participation in other
14organizations at the national and State level concerned with
16Section 55. Section 917 of the act is amended to read:
17Section 917. Powers of Subpoena; Compelling Testimony.--[In
18any case where an official or officer of the city or any agency
19thereof created or authorized by this act is specifically
20empowered to conduct hearings and investigations, such officer,
21official or agency] (a) This section applies to any of the
22following that are specifically empowered to conduct hearings
24(1) an officer or official of the city; or
27(b) The officer, official or city agency referred to in
28subsection (a) shall have authority, for the purposes of [such]
29hearings or investigations, to issue subpoenas for the
30attendance and giving of testimony of [such] witnesses as are
4(c) In the case of [any] a city agency, [such] the subpoenas
5shall [issue] be issued in the name of the city and of the
6agency upon the signature of the presiding officer [thereof] of
7the city and the official seal, if any, of the agency. [Any
8person refusing to obey the orders of any such subpoena shall,
9upon summary conviction thereof before an alderman of the city,
10be fined not less than ten nor more than three hundred dollars,
11and in default of payment thereof shall be imprisoned for a
12period not in excess of thirty days. All such fines shall be
13paid to the city treasurer for the use of the city.]
14(d) Subpoenas shall be served by any adult person as
15directed by the city or city agency, in accordance with the
16rules of civil procedure, and return of service shall be filed
17in accordance with law and applicable rules of court.
18(e) Subpoenas issued by any officer or official of the city
19or any city agency shall be enforced in the same manner, and
20violations of a subpoena shall be subject to the same penalties
21as provided by general law for subpoenas of the courts of common
22pleas of the Commonwealth.
25Section 918. Consolidation or Integration of Fire and Police
26Personnel Prohibited.--No city shall consolidate, integrate or
27in any manner reorganize the paid members of the fire [bureau]
28force and the paid members of the police [bureau] force into one
29bureau or organization.
30Section 57. Article X and subdivision (a) headings of the
1act are reenacted to read:
4(a) General Provisions
7Section 1001. Qualifications of [Councilmen.--The
8councilmen] Council Members.--(a) The council members shall be
9at least [twenty-one] eighteen years of age[,] and shall be
10elected by the electors at large[. They shall have been
11residents of the city wherein they shall be elected throughout
12one year next before their election, and shall reside therein
13throughout their terms of service.], subject to the creation of
14wards pursuant to Article IV.
15(b) Council members shall reside in the city from which
16elected and shall have resided in the city continuously for at
17least one year before their election. Prior to being sworn in to
18office and as a condition to qualifying for office, each elected
19council member shall present a signed affidavit to the city
20clerk that states the person resides in the city from which
21elected and has resided in the city continuously for at least
22one year preceding the person's election.
23(c) No officer of the United States or of the Commonwealth
24of Pennsylvania (except notaries public or officers of the
25militia), nor any county officer, nor any officer of any school
26district embraced in the territory of [said] the city, nor any
27officer or employe of [said] the city, or of any department
28[thereof, nor any member or employe of a municipality authority
29of which the city is a member] of the city, shall serve as a
30[councilman during his continuance or] council member while
3Section 59. Section 1002 of the act is amended to read:
9Section 1003. Organization of Council.--[The] On the first
10Monday of January following the regular municipal election, the
11members of council shall assemble [in their] at the usual place
12of meeting[,] for the purpose of organizing[, at ten o'clock in
13the forenoon of the first Monday of January next succeeding the
14regular municipal election]. If the first Monday is a legal
15holiday, the meeting shall be held the first day following [at
16the time herein prescribed]. The mayor shall be the president of
17the council, and a member [thereof] of the council, and shall
18have the same rights and duties, including the introduction of
19bills and the making of motions, as pertain to [councilmen.]
20other council members. Unless otherwise provided by ordinance in
21accordance with section 1101, the vice president of city council
22shall be the member of city council designated as the director
23of the department of accounts and finance or, if a member of
24city council is not the director of that department, the member
25of council appointed by the council as its vice president.
3(b) A majority of the whole number of members of council
4shall constitute a quorum, but a smaller number may compel the
5attendance of absent members, under penalties to be prescribed
6by ordinance. Only members physically present at a meeting place
7within the city shall be counted in establishing a quorum.
11Section 1005. Meetings of Council; Notice; Participation by
12Telecommunication Device.--(a) The council shall hold stated
13meetings at least once in each month, and at such other times as
14may be fixed by ordinance, and continue them so long as the
15transaction of the public business demands. The mayor [may, and
16upon request of two councilmen must, call special meetings of
17council upon], as president of council, may call special
18meetings of council. A special meeting of council shall be
19called by the mayor upon the request of two council members in
20the case of a five-member council, or upon the request of three
21council members in the case of a seven-member council. In
22addition to any notice required by 65 Pa.C.S. Ch. 7 (relating to
23open meetings), twenty-four hours' notice of a special meeting
24shall be given to each member[, which notice shall state whether
25such meeting is to be convened for special or general business.
26If called for special business, only such business shall be
27considered as is stated in the notice. Such notice may be waived
28by unanimous consent of council]. A special meeting can be a
29special purpose meeting or a general purpose meeting, as
30advertised. Notice of a special meeting shall state the nature
1of the business to be conducted at the meeting.
2(b) Council may provide for the participation of council
3members in meetings of council by means of telecommunication
4devices, such as telephones or computer terminals, which permit,
5at a minimum, audio communication between locations, provided
7(1) A majority of the whole number of members of council are
8physically present at the advertised meeting place within the
9city and a quorum is established at the convening or reconvening
10of the meeting. If after the convening or reconvening of the
11meeting a member has been disqualified from voting as a matter
12of law but is still physically present, council members
13participating by telecommunication device in accordance with
14this section shall be counted to maintain a quorum.
17(i) speak to and hear the comments and votes, if any, of the
18members of council who are physically present as well as other
19members of council who may not be physically present and who are
20also using a telecommunication device to participate in the
24(3) The telecommunication device used permits members of
25council and the members of the public who are physically present
26at the meeting to speak to and hear the comments and vote, if
27any, of the member or members of council who are not physically
28present at the meeting.
1reasons for physical absence:
2(i) illness or disability of the member of council;
6(iv) family or business travel.
10(c) All meetings of council, whether regular or special,
11shall be open to the public. The council shall be a continuous
12body, and it shall be lawful for any council to complete any
13unfinished business or legislation begun by the preceding
17[Section 1006. Ordinances; Resolutions; Rules and
18Regulations; Imposition of Fines.--The council of every city
19shall pass ordinances, resolutions, rules and regulations in
20accordance with the provisions of this act, and not inconsistent
21therewith, as may be necessary to carry into effect the
22requirements thereof, and may impose fines and penalties for the
23violation of such ordinances, rules and regulations, recoverable
24in the manner hereinafter provided for the recovery of fines and
25penalties for the violation of city ordinances and subject to
26like limitations as to the amount thereof.
27Section 1007. Voting; No Veto; Vote Necessary to Pass
28Ordinance.--Each of the five members of council, shall vote on
29all questions coming before the council, except as hereafter
30provided. The mayor shall have no right of veto. Except as
4Section 1008. Journal of Proceedings; Recording and
5Withholding of Vote.--The council shall keep a journal of its
6proceedings, which shall be in the possession of the city clerk,
7and which shall at all times be open to public inspection. Upon
8every vote, the yeas and nays shall be called and recorded by
9the city clerk. Every motion, resolution, or ordinance shall be
10reduced to writing before the vote is taken thereon. No member
11in attendance shall withhold his vote on any measure, bill or
12question unless the council excuse him and enter the reason upon
14Section 1009. Disclosures of Interest by Councilman.--A
15member who has a personal or private interest in any question,
16measure or bill proposed or pending before the council shall
17disclose the fact to council, and shall not vote thereon, nor
18take any part in the discussion of the same. If such interested
19person shall vote without disclosing his interest in such
20question, measure or bill, he shall forfeit his office, and
21council may avoid the enactment or transaction or not, as it
23Section 1010. Ordinances and Resolutions; Signing by Mayor
24and City Clerk.--Every legislative act of the council shall be
25by resolution or ordinance, and every ordinance which shall have
26passed said council shall be signed by the mayor and attested by
27the city clerk.
1altered or amended on their passage through council as to change
2their original purpose. No ordinances, except general
3appropriation ordinances, shall be passed containing more than
4one subject, which shall be expressed in its title.]
7[Section 1012. Reading of Bills; Final Passage.--The title
8of every bill shall be read when introduced and on final
9passage, except as to amendments or other changes which shall be
10read at length. A complete copy of every bill introduced shall
11be available for public inspection at the clerk's office during
12regular office hours. No bill shall be passed finally on the
13same day on which it was introduced. At least three days shall
14intervene between its introduction and its final passage. Upon
15final passage, ordinances shall be numbered serially.]
16Section 64. Section 1013 of the act is repealed:
17[Section 1013. Payments not Authorized by Law.--No ordinance
18shall be passed providing for the payment of any money by the
19city without previous authority of law. Any officer drawing or
20countersigning any warrant or passing any voucher for a payment
21not authorized by law, or making such payment, shall be guilty
22of a misdemeanor, and, upon conviction thereof, shall be
23sentenced to pay a fine not exceeding five thousand dollars, and
24undergo imprisonment not exceeding one year.]
27[Section 1014. Time of Taking Effect of Ordinances;
28Publication; Recording; Proof and Evidence; Notice of Building,
29Housing, Fire Prevention, Electrical, Plumbing and Zoning
30Ordinances and Other Standard or Nationally Recognized Codes,
1Maps and Plans.--All ordinances shall, unless otherwise provided
2therein or by law, take effect in ten days after their passage,
3upon their being signed by the mayor and attested by the city
4clerk. Every proposed ordinance, except as otherwise herein
5provided, prescribing a penalty for the violation thereof shall
6be forthwith published not more than sixty days nor less than
7seven days prior to passage in at least one and not more than
8two newspapers printed or circulated within the city, in the
9manner provided by section one hundred and nine of this act.
10Publication of any proposed ordinance shall include either the
11full text thereof or the title and a brief summary prepared by
12the city solicitor setting forth all the provisions in
13reasonable detail and a reference to a place within the city
14where copies of the proposed ordinance may be examined. If the
15full text is not included a copy thereof shall be supplied to
16the same newspaper of general circulation in the city at the
17time the public notice is published. If the full text is not
18included an attested copy thereof shall be filed in the county
19law library or other county office designated by the county
20commissioners who may impose a fee no greater than that
21necessary to cover the actual costs of storing said ordinances.
22In the event substantial amendments are made in the proposed
23ordinance or resolution, before voting upon enactment, council
24shall within ten days readvertise in one newspaper of general
25circulation in the city, a brief summary setting forth all the
26provisions in reasonable detail together with a summary of the
27amendments. All ordinances shall, within one month after their
28passage, be certified and recorded by the city clerk, in a book
29provided by the city for that purpose, which shall be at all
30times open to the inspection of citizens. Any and all city
1ordinances, or portions thereof, the text of which, prior to the
2effective date of this amending act, shall have been attached to
3the city ordinance book, shall be considered in force just as if
4such ordinances, or portions thereof, had been recorded directly
5upon the pages of such ordinance book: Provided, That all other
6requirements of this act applicable to the enactment, approval,
7advertising and recording of such ordinance, or portions
8thereof, were complied with within the time prescribed by this
9act. All ordinances, resolutions, motions or other proceedings
10of council may be proved by the certificate of the city clerk
11under the corporate seal, and when printed or published in book
12or pamphlet form by authority of the city, shall be read and
13received as evidence in all courts and elsewhere without further
14proof. At least one week and not more than three weeks prior to
15the first reading of any proposed building code, ordinance,
16housing code, ordinance, fire prevention code, ordinance,
17electrical code, ordinance, plumbing code, ordinance, or zoning
18ordinance, or any standard or nationally recognized code,
19ordinance, or any changes or variations of any standard or
20nationally recognized code, or parts thereof, by council, an
21informative notice of intention to consider such ordinance and a
22brief summary setting forth the principal provisions of the
23proposed ordinance in such reasonable detail as will give
24adequate notice of its contents, and a reference to the place or
25places within the city where copies of the proposed building
26code, housing code, fire prevention code, electrical code,
27plumbing code, or zoning ordinance or any standard or nationally
28recognized code may be examined or obtained, shall be published
29in the manner herein provided for the publication of ordinances.
30Such building code, ordinance, housing code, ordinance, fire
1prevention code, ordinance, electrical code, ordinance, plumbing
2code, ordinance, or zoning ordinance or any standard or
3nationally recognized code, ordinance, shall not be published
4after adoption, but not less than three copies thereof shall be
5made available for public inspection, and use during business
6hours for at least three months after adoption, and printed
7copies thereof shall be supplied upon demand, at cost. In any
8case in which maps, plans or drawings of any kind are to be
9adopted as part of an ordinance, council may, instead of
10publishing the same as part of the ordinance, refer, in
11publishing the ordinance or a summary thereof, to the place
12where such maps, plans or drawings are on file and may be
16[Section 1014.1. Codification of Ordinances.--(a) When a
17city of the third class shall have caused to be prepared a
18consolidation, codification or revision, containing minor
19nonsubstantive changes of the general body of its ordinances,
20the city council may adopt the consolidation, codification or
21revision, containing minor nonsubstantive changes, as an
22ordinance, in the same manner that is now prescribed by law for
23the adoption of its ordinances except as hereinafter provided.
24(b) A consolidation, codification or revision, containing
25minor nonsubstantive changes of city ordinances, to be enacted
26as a single ordinance, shall be introduced in the city council
27at least thirty days before its final enactment and, at least
28fifteen days before its final enactment, notice of the
29introduction thereof specifying its general nature and content
30shall be given by advertisement in a newspaper of general
1circulation in the city.
2(c) When the consolidation, codification or revision,
3containing minor nonsubstantive changes, is enacted as an
4ordinance, it shall not be necessary to advertise the entire
5text thereof, but it shall be sufficient to publish or advertise
6the table of contents thereof in the manner provided by law for
7the advertising of ordinances, and to state in the advertisement
8if it be the case that the consolidation, codification or
9revision, containing minor nonsubstantive changes, contains a
10penalty or penalties. The advertisement shall indicate a place
11within the city where a copy thereof may be examined.
12(d) The procedure set forth in this section for the
13consolidation, codification or revision, containing minor
14nonsubstantive changes of city ordinances as a single ordinance,
15may also be followed in enacting a complete group or body of
16ordinances repealing or amending existing ordinances as may be
17necessary in the course of preparing a consolidation,
18codification or revision containing minor nonsubstantive changes
19of the city ordinances.
20(e) The consolidation, codification or revision, containing
21minor nonsubstantive changes, may contain matter which, when it
22becomes effective as an ordinance, will operate to adopt by
23reference any building, fire prevention or other standard or
24model code or zoning ordinance and zoning map.]
25Section 67. Section 1015 of the act is amended to read:
26Section 1015. Attendance of Witnesses and Production of
27Books Before Council or Committee [Thereof] of Council.--(a)
28The council of any city may compel the attendance of
29witnesses[,] and the production of books, papers, and other
30evidence[,] at any meeting of the body or any committee
1[thereof] of the council. For that purpose, subpoenas may
2[issue] be issued, signed by the mayor or the [chairman]
3chairperson of the committee, in any pending case of inquiry[,]
4or investigation, [or impeachment,] and the [same] subpoenas may
5be served and executed in any part of this Commonwealth. Any
6member of council and the city clerk shall have power to
7administer oaths to [such] the witnesses. If any witness shall
8refuse to testify as to any fact within [his] the witness's
9knowledge, or to produce any books or papers within [his] the
10witness's possession or under [his] the witness's control[,]
11required to be used as evidence in [any such] the case, the city
12clerk shall [forthwith] report the facts relating to [such] the
13refusal to the court of common pleas. All questions arising upon
14[such] the refusal, and also upon any new evidence[,] not
15included in [said] the clerk's report (which new evidence may be
16offered in behalf of or against such witness), shall at once be
17heard by [said] the court. If the court determines that the
18testimony or evidence required by [such] the witness is legal
19and properly competent[,] and ought to be given or produced by
20[him] the witness, then [said] the court shall make an order
21commanding [such] the witness to testify or produce books or
22papers, or both, as the case may be. If [such] the witness shall
23thereafter, in disobedience of [such] the order of the court,
24refuse to testify or to produce the books or papers[, as
25aforesaid], then the [said] court shall have power to order the
26commitment of [such] the witness for contempt.
27(b) Any person[,] so called as a witness[,] and examined
28under oath[,] shall be liable to indictment, conviction[,] and
29punishment for perjury[,] in the same manner and to the same
30extent as if the witness had been called and examined before any
1committee of the Legislature, or in any judicial proceeding
2before any of the courts of record, in accordance with existing
3laws. [No] A person outside of [such] the city, subpoenaed [as
4aforesaid] under this section, shall be [required to respond to
5the same until he has been furnished with] entitled to be
6reimbursed for mileage to and from [said] the city[,] at the
7[rate of ten cents per mile] maximum mileage rate periodically
8established by the United States Internal Revenue Service, and a
9per diem allowance [of three dollars] as established by council
10for the person's time [his presence is desired] in [said] the
14Section 1016. Salaries.--[Councilmen] (a) Council members
15shall receive for their services during their term of service
16annual salaries, to be fixed by ordinance, payable in [monthly
17or semi-monthly instalments] regular installments. Councils may,
18by the ordinance fixing [said] the salaries, provide for the
19assessment and retention [therefrom] from the salaries of
20reasonable fines for absence from regular or special meetings of
21council or [councilmanic] committees of the council.
22(b) As an alternative to the annual salary method for
23establishing the compensation payable to members of the city
24council, the council may provide that the members of council
25will receive compensation on a per-meeting-attended basis,
26provided that the compensation shall only be payable for duly
27advertised public meetings in which a council member
28participated. If council has provided that members of council
29will receive compensation on a per-meeting basis, council may
30provide for the forfeiture of up to one-twelfth of the annual
7(1) For the term of city [councilmen] council members in
8newly created cities, and until [thereafter] changed by
9ordinance, [the salary of] each [councilman shall be] council
10member may receive a salary as follows:
11[In cities of fifteen thousand inhabitants or under by the
12last United States census, each councilman shall receive a
13salary of nine hundred dollars per annum; where said population
14is between fifteen thousand and thirty thousand, one thousand
15eight hundred dollars per annum; in cities having a population
16above thirty thousand, three thousand six hundred dollars per
30(v) not more than four thousand three hundred seventy-five
5(2) The compensation to be received by [councilmen shall not
6be increased or diminished after their election; but succeeding
7councils may change all compensation, said change to take effect
8as to councilmen taking office at least six months after the
9passage of the ordinance providing for such change.] council
10members and elected officials in cities other than newly created
11cities shall be fixed by ordinance of council finally enacted at
12least two days prior to the last day fixed by law for candidates
13to withdraw their names from nominating petitions previous to
14the day of the municipal election.
15Section 69. The act is amended by adding a section to read:
16Section 1016.1. Appointment of City Clerk.--(a) The council
17of each city shall appoint a city clerk who shall be an at-will
18employe with no property interest in the city clerk's position
19and whose compensation shall be fixed by ordinance.
20(b) Council may by ordinance or resolution prescribe duties
21of the city clerk in addition to those established by law. The
22city clerk shall have the power of a notary public to administer
23oaths in any matter pertaining to the business of the city or in
24any legal proceeding in which it is interested.
25(c) The records of council shall be in the actual or
26constructive custody of the city clerk and shall be subject to
27inspection and copying in accordance with the act of February
2814, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."
1[Section 1017. Enforcement of Ordinances; Recovery and
2Payment Over of Fines and Penalties.--All actions, prosecutions,
3complaints, and proceedings for the violation of the ordinances
4of the city, and for fines, penalties, and forfeitures imposed
5thereby, shall be instituted in the corporate name of the city,
6and be conducted in the manner prescribed by law.
7No warrant shall be issued except upon complaint, upon oath
8or affirmation, specifying the ordinance for the violation of
9which the same is issued. All process shall be directed to and
10be served by any policeman or constable of the city, who shall
11execute the same as may be provided by law.
12Warrants shall be returnable forthwith. Every summons shall
13be returnable in not less than five nor more than eight days
14from the date thereof. Upon such return, like proceedings shall
15be had in all cases as are directed by law for summary
16convictions, or proceedings for the recovery of penalties,
17before justices of the peace, with the same right of appeal from
18any final judgment entered.]
19Section 71. Section 1018 of the act is repealed:
20[Section 1018. Cost of Maintenance of Prisoners in County
21Jails.--When a prisoner shall be committed to any county jail or
22prison in this Commonwealth, either for the nonpayment of a fine
23or penalty imposed for the violation of any city ordinance, or
24while awaiting a hearing upon any charge for the violation of
25any city ordinance, the cost of proceedings and the expenses of
26maintaining such prisoner during his confinement by virtue of
27any such commitment, shall be paid by the city, whose ordinances
28were alleged to have been violated, or to which any such fines
29or penalties are payable. The county in which such city is
30located shall not be liable for any such maintenance, or to any
6Section 1018.1. Ordinances and resolutions.
9(1) The council of every city shall enact ordinances, in
10accordance with the provisions of this act, as may be
11necessary to carry out the requirements of this act, and may
12impose fines and penalties for the violation of the
13ordinances, recoverable in the manner provided in this act
14for the recovery of fines and penalties for the violation of
15city ordinances and subject to limitations as to the amount
16of the fines and penalties.
17(2) Every legislative act of the council shall be by
18ordinance, and the legislative acts shall include, but not be
19limited to, tax ordinances, general appropriation ordinances
20and all ordinances that exercise the police power of the
21city; regulate land use, development and subdivision; impose
22building, plumbing, electrical, property maintenance, housing
23and similar standards; and otherwise regulate the conduct of
24persons or entities within the city; and impose penalties for
25the violation of the ordinances.
3(2) The purposes for which resolutions may be adopted
4shall include, but not be limited to, ceremonial or
5congratulatory expressions of the good will of the council,
6statements of public policy of the council, approval of
7formal agreements of the city, except when the agreements
8arise under a previously approved purchasing system of the
9city, approval of the acquisition, disposition and leasing of
10real property and the approval, when required, of
11administrative rules and regulations arising under State
12statutes or city ordinances.
13(3) When eminent domain proceedings are instituted by
14resolution, notice of the resolution, including a description
15of the subject properties, shall be published once in one
16newspaper of general circulation not more than 60 days nor
17fewer than seven days prior to adoption.
20(a) Voting generally.--Members of council present or
21participating via a telecommunication device shall vote on all
22questions coming before the council, except as may be required
23by the provisions of any public official ethics law which may
24from time to time be applicable to members of city council and
25except as may be excused by a simple majority vote of the
26members of council present at any meeting of the council for
27such cause as they may determine to be appropriate and which
28cause shall be entered upon the journal.
29(b) Veto.--The mayor shall have no right of veto.
30(c) Majority vote.--Except as otherwise provided in this
6The council shall keep a journal of its proceedings, which
7shall be in the possession of the city clerk and which shall at
8all times be open to public inspection. Upon every vote, the
9yeas and nays shall be called and recorded by the city clerk. An
10ordinance shall and a resolution may be reduced to writing
11before the vote is taken on the ordinance or resolution. A
12member of council shall not withhold the member's vote on any
13question coming before the council, unless permitted to do so in
14accordance with section 1018.2(a).
15Section 1018.4. Signing and attesting ordinances.
19Section 1018.5. Proposed ordinances; titles.
20All proposed ordinances shall be presented to council in
21written form as bills and shall be numbered serially for the
22calendar year. No ordinances, except general appropriation
23ordinances, may be enacted containing more than one subject,
24which shall be reasonably identified in its title. No ordinance
25shall be so altered or amended upon enactment by council as to
26change the original purpose. The title of an ordinance shall not
27be considered in the construction or interpretation of the
28ordinance by a court of competent jurisdiction.
1(a) Reading.--The title of every proposed ordinance shall be
2read at least twice, once when introduced and again before final
3enactment by council. Amendments or other changes to the
4proposed ordinance shall be read at length.
8(c) Time frame.--No ordinance shall be finally enacted by
9council on the same day on which it was introduced, and at least
10three days shall intervene between its introduction and its
11final enactment by council.
14Section 1018.7. Payments not authorized by law.
15No ordinance may be enacted or resolution be adopted
16providing for the payment of any money by the city without
17previous authority of law. Any officer executing a document
18authorizing payment or passing a voucher for a payment not
19authorized by law, or making the payment, commits a misdemeanor
20and shall, upon conviction, be sentenced to pay a fine of not
21more than $5,000 and to imprisonment for not more than one year.
22Section 1018.8. Time of taking effect of ordinances.
23All ordinances, except those pertaining to the subjects set
24forth in section 1050(b), and unless otherwise provided by law,
25shall take effect on the tenth day after enactment, upon being
26signed by the mayor and attested by the city clerk.
27Section 1018.9. Publication of proposed ordinances.
1than seven days prior to enactment.
2(b) Contents.--Except as otherwise provided in law, the
3publication of a proposed ordinance shall include either the
4full text or the title and a summary of the ordinance setting
5forth the provisions in reasonable detail and a reference to a
6place within the city where copies of the proposed ordinance may
7be examined. If the full text is not published, the newspaper in
8which the proposed ordinance is published shall, upon request,
9be furnished a copy of the ordinance.
10(c) Readvertisement.--In the event substantial amendments
11are made in the proposed ordinance, before voting upon
12enactment, council shall within ten days readvertise in one
13newspaper of general circulation a brief summary setting forth
14all the provisions in reasonable detail together with a summary
15of the amendments.
16Section 1018.10. Filing of proposed ordinances.
17(a) Place of filing.--If the full text is not published, an
18attested copy of the proposed ordinance shall be filed when the
19summary of the ordinance is published in the county law library
20or other county office designated by the county commissioners
21who may impose a fee no greater than that necessary to cover the
22actual costs of storing the proposed ordinances.
23(b) Date of filing.--The date of filing the proposed
24ordinance with the county shall not affect the effective date of
25the ordinance or the validity of the process of enactment of the
26ordinance, nor shall a failure to file within the time provided
27be deemed a defect in the process of the enactment or adoption
28of the ordinance.
1(a) Records.--All ordinances shall, within one month after
2their enactment, be certified and recorded by the city clerk in
3a book provided by the city for that purpose which shall be at
4all times open to the inspection of citizens. A standard or
5nationally recognized code or any portion of the standard or
6nationally recognized code enacted by reference need not be
7recorded in or attached to the ordinance book, but shall be
8deemed to have been legally recorded if the ordinance by which
9the code was enacted by reference is recorded, with an
10accompanying notation stating where the full text of the code is
12(b) Compilation or codification.--At the close of each year,
13with the advice and assistance of the city solicitor, the city
14clerk shall bind, compile or codify all the ordinances of the
15city, or true copies of the ordinances, which then remain in
16force and effect.
22(e) Attachment.--A city ordinance or portions of a city
23ordinance, the text of which prior to the effective date of this
24act is attached to the city ordinance book, shall be considered
25in force as if the ordinance or portions of the ordinance were
26recorded directly upon the pages of the ordinance book.
27Section 1018.12. Proof and evidence.
4Section 1018.13. Standard or nationally recognized codes.
5(a) Authority to enact.--In the same manner as other
6ordinances, and except as otherwise provided in this act or the
7Pennsylvania Construction Code Act, council may enact, by
8reference to a standard or nationally recognized code, all or
9any portion of the standard or nationally recognized code as an
10ordinance of the city. Three copies of the proposed standard or
11nationally recognized code, portion of the code or amendment to
12the code shall be filed in the office of the city clerk at least
13ten days before the city council considers the proposed
14ordinance and upon enactment shall be kept with the ordinance
15book and available for public use, inspection and examination.
16(b) Time frame.--
17(1) Except as otherwise provided by the Pennsylvania
18Construction Code Act, and regulations adopted pursuant to
19the act, an ordinance adopting by reference any standard or
20nationally recognized code shall be enacted within 60 days
21after its introduction and shall encompass subsequent changes
22in the code unless otherwise specified in the ordinance.
23(2) An ordinance which incorporates standard or
24nationally recognized code amendments by reference shall
25become effective after the same procedure and in the same
26manner as is specified in this section for original adoption
27of the code.
1Construction Code Act, if applicable.
2Section 1018.14. Maps, plans or drawings.
3Except as may be otherwise provided under the Pennsylvania
4Municipalities Planning Code, if maps, plans or drawings of any
5kind are to be adopted as part of an ordinance, the council may,
6instead of publishing the maps, plans or drawings as part of the
7ordinance, make reference in publishing the ordinance or a
8summary of the ordinance to the place where the maps, plans or
9drawings are on file and may be examined. Once enacted as part
10of an ordinance, a map, plan or drawing shall be amended by
12Section 1018.15. Codification of ordinances.
13(a) Preparation authorized.--City council may prepare a
14consolidation or codification of the general body of city
15ordinances or the ordinances on a particular subject. City
16council may adopt the consolidation or codification as an
17ordinance of the city in the same manner prescribed for the
18adoption of its ordinances, except as follows:
19(1) A consolidation or codification to be enacted as a
20single ordinance shall be introduced in the city council at
21least 30 days before its final enactment; and at least 15
22days before final enactment, notice of introduction of the
23consolidation or codification specifying its general nature
24and content shall be given by advertisement in a newspaper of
26(2) The required advertised notice of the proposed
27adoption of the consolidation or codification shall include a
28listing of its table of contents, and the advertisement shall
29indicate a place within the city where a copy of the proposed
30consolidation or codification may be examined.
1(b) Additional procedure.--The procedure for the
2consolidation or codification of city ordinances as a single
3ordinance may also be followed in enacting a complete group or
4body of ordinances repealing or amending existing ordinances as
5may be necessary in the course of preparing a consolidation or
6codification of the city ordinances, except that the
7advertisement giving notice of the proposed adoption shall list,
8in lieu of a table of contents, the titles only of each of the
9ordinances in the complete group or body of ordinances.
10(c) Adoption by reference.--The consolidation or
11codification may contain matter, which, when it becomes
12effective as an ordinance, will operate to adopt by reference
13any building, fire prevention or other standard or model code or
14zoning ordinance and zoning map in accordance with section
151018.13 and, if applicable, section 1018.14.
18(a) Enforcement.--Actions, prosecutions, complaints and
19proceedings for the violation of the ordinances of the city and
20for fines, penalties and forfeitures imposed shall be instituted
21in the corporate name of the city and be conducted in the manner
22prescribed by law.
23(b) Proceedings.--Unless otherwise provided by law,
24proceedings for the violation of the ordinances of the city
25shall be conducted as summary conviction proceedings, or
26proceedings for the recovery of penalties, before magisterial
27district judges with the same right of appeal from any final
29Section 1018.17. Penalty.
30A person who violates any ordinance enacted under the
1authority of this act for which no penalty is otherwise
2specified commits a summary offense and, upon conviction, shall
3be sentenced to pay a fine of not more than $1,000 or to
4imprisonment for not more than 90 days, or both, at the
5discretion of the court.
8(b) [Initiative] Initiating Ordinances
13Section 1030. Initiation of Proposed Ordinances by Petition;
14Exceptions.--[Any] (a) Except as provided in subsection (b), a
15proposed ordinance may be submitted to the council by a petition
16signed by the electors of any city[, as hereinafter provided,
21(b) Proposed ordinances to repeal, amend, or modify any
22ordinance which has been subject to the provisions of the
23referendum as provided in subdivision (c) of this article.] in
24accordance with this subdivision.
3Section 1031. Petition; Notice.--[The city clerk, upon the
4written request of one hundred qualified electors of the city,
5directed to him, asking for the preparation of a petition for
6the submission of any proposed ordinance to the council of such
7city, and accompanied by a copy of the proposed ordinance, shall
8prepare such petition within ten days, and in the meantime
9notice shall be published, at least one time, in one newspaper,
10in the manner provided by section one hundred and nine of this
11act, that such petition will be ready for signing at the
12expiration of ten days from the presentation of said request.
13This notice shall state the purpose for which the petition is
14made, the place where and when it may be signed. Fifteen days
15shall be allowed for signatures.] If the city clerk receives a
16written request for the preparation of a petition for the
17submission of a proposed ordinance to the city council by at
18least one hundred qualified electors of the city and the request
19is accompanied by a copy of the proposed ordinance, the city
20clerk shall, within ten days after receiving the request, do
21each of the following:
22(1) Prepare the requested petition.
29(ii) The purpose for which the petition is made.
30(iii) The place at which and the dates and times during
4Section 1032. Signing; Oath.--[The signing] A petition for
5the submission of a proposed ordinance shall be [done] signed in
6the city clerk's office only. The petition shall be retained
7[there] in the city clerk's office at all times [during the] for
8a period of fifteen days. Each signer shall add to [his] the
9signer's signature [his] the signer's place of residence by
10street and number[,] and shall make oath before the city clerk
11that [he] the signer is a qualified elector of the city and
12resides at the address given. The city clerk shall keep [his]
13the city clerk's office open for the purpose of permitting
14voters to sign [such] the petition [from eight o'clock ante
15meridian to ten o'clock post meridian of each day except Sundays
16and holidays] at least from nine o'clock ante meridian through
17seven o'clock post meridian, prevailing time, Monday through
18Friday, except holidays. [He] The city clerk shall not permit
19any person to sign [such] petitions after [ten o'clock post
20meridian] seven o'clock post meridian, prevailing time, on the
21last day for signing the same.
22Section 1033. Number of Signatures; Examination and
23Certificate by City Clerk.--[At the expiration of the fifteen
24days aforesaid, and within ten days thereafter,] Within ten days
25after the period of time for signing the petition has elapsed,
26the city clerk shall examine [such] the petition[,] and, from
27the record of registered voters of the city, ascertain whether
28or not [said] the petition is signed by voters equal to twenty
29per centum of all votes cast for all candidates for mayor at the
30last preceding municipal election at which a mayor was elected.
1If necessary, the council [shall] may allow the city clerk extra
2help for [that] the purpose of complying with this section. The
3city clerk shall attach to [said] the petition [his] the clerk's
4certificate showing the result of [said] the examination. If
5less than the required twenty per centum is certified, the
6petition shall fail and shall be filed in the office of the city
8Section 1034. Submission to Council.--If the petition [shall
9be] is certified to contain signatures equalling the required
10twenty per centum of said votes cast as aforesaid, the clerk
11shall submit the same to the council without delay.
12Section 1035. Actions by Council; Notices.--If the petition
13accompanying the proposed ordinance [be] is signed by electors
14equal in number to twenty per centum of the votes cast for all
15candidates for mayor at the last preceding municipal election at
16which a mayor was elected, the council shall either:
17(a) [Pass said] enact the proposed ordinance without
18alteration[,] within twenty days (except as otherwise provided
19herein)[,] after attachment of the clerk's certificate to the
20accompanying petition; or
21(b) [Forthwith, after the clerk shall attach to the petition
22accompanying such ordinance his certificate of sufficiency, the
23council shall call a special election] call for a referendum to
24be held at the time of the next general, municipal or primary
25election occurring at least ninety days thereafter[;], and at
26[such] which election[, such] the proposed ordinance shall be
27submitted without alteration to the vote of the electors of the
28[said] city, after attachment of the clerk's certificate to the
29accompanying petition. Notice of [such] the election [shall be
30given as provided by the Pennsylvania Election Code.] and the
4Section 1036. Form of Ballot [or Ballot Label] on Submission
5to Vote.--[The ballots or ballot labels used when voting upon
6said ordinance shall be supplied by the county board of
7elections, and shall contain a question, stating the nature of
8the proposed ordinance, followed by the words "yes" and "no" and
9shall be as provided in the Pennsylvania Election Code. The
10votes shall be counted and returns thereof made and computed as
11provided in section ten hundred and sixty-two of this act.] The
12question to be submitted to the electors on the proposed
13ordinance shall be framed to state the nature of the proposed
14ordinance, followed by the words "yes" and "no," and the
15question shall be placed on the ballots which shall be counted,
16returned and computed in accordance with section 1062 and the
17election laws of the Commonwealth.
18Section 1037. Effect of Majority Vote.--If the majority of
19the qualified electors voting on the proposed ordinance shall
20vote in favor [thereof, such] of the ordinance, the ordinance
21shall [thereupon] become a valid and binding ordinance of [said]
23Section 1038. No Repeal Within Two Years.--[Any] An
24ordinance so proposed by petition, whether [passed] enacted by
25council or adopted by a vote of the electors, [cannot] shall not
26be repealed or amended within two years of its effective date
27except by a vote of the electors.
5Section 1040. Submission for Repeal by Council.--The council
6may submit a proposition for the repeal or amendment of [any
7such] an ordinance to be voted upon at any succeeding municipal,
8general or primary election[,] occurring at least ninety days
9[thereafter] after council's submission of the proposition.
10Should [such] the submitted proposition[, so submitted,] receive
11a majority of the votes cast [thereon] on the proposition at
12[such] the election, [such] the ordinance shall [thereby] be
13repealed or amended accordingly.
14Section 1041. Publication of Proposed Ordinance; Repeal or
15Amendment.--Whenever any proposed ordinance is to be submitted
16to the voters of the city at any election, or any ordinance is
17submitted by council for repeal or amendment, notice [thereof]
18of the election and text of the question to be submitted to the
19electors shall be published [as required by] in the same manner
20as publication is required in section 1201 of the Pennsylvania
24(c) [Referendum] Reconsidering Ordinances by Electors
27Section 1050. [Referendum; Exceptions.--No] Time Ordinances
28Go Into Effect.--(a) Except as provided in subsection (b), no
29ordinance [passed] enacted by council shall go into effect
30before ten (10) days from the time of its final [passage,
1except] enactment by council.
4[(a)] (1) Ordinances expressly required to be [passed]
5enacted by the general laws of the State or by the provisions of
6any act of Assembly, or the provisions of which and the matters
7to be carried out [thereunder] under the ordinance are subject
8to the approval of an officer or tribunal of the [State
13[(c)] (3) Ordinances for the preservation of the public
14peace, health, morals, safety[,] and in the exercise of the
15police powers of the city government, and for the prevention and
16abatement of nuisances[;].
20[(e)] (5) Ordinances for the opening, paving, grading[,] or
21other improvement of streets or highways, when the improvement
22is petitioned for by a majority in number or interest of the
23abutting property owners[;].
1number to at least twenty per centum of the entire vote cast for
2all candidates for mayor at the last preceding municipal
3election at which a mayor was elected, protesting against the
4passage of any ordinance other than those excepted from the
5provisions of this subdivision by the foregoing section, is
6presented to the council, said ordinance shall be suspended from
7going into operation, and council shall reconsider such
8ordinance.] With the exception of ordinances dealing with the
9subjects set forth in section 1050(b), an ordinance shall be
10suspended from going into operation and shall be reconsidered by
11council if, within ten days after its final enactment, there is
12presented to council, in accordance with this subdivision, a
13petition protesting against enactment of the ordinance which
14shall be signed by electors of the city equal in number to at
15least twenty per centum of the entire vote cast for all
16candidates for mayor at the last preceding municipal election at
17which a mayor was elected.
18Section 1052. Preparation of Petition by City Clerk;
19Notice.--[Such] A petition under section 1051 shall be prepared
20by the city clerk immediately upon receipt by [him] the clerk of
21the written request of one hundred qualified electors of the
22city asking that the [same] petition be prepared. Upon its
23preparation, [he] the clerk shall give notice by [one insertion
24in one of the daily newspapers, if one be published in the city,
25and, if not, then in a weekly or daily newspaper published in
26the county, that such] publication in a newspaper of general
27circulation that the petition is ready for signing and the
28purpose of the petition, giving the place where and time when it
29may be signed. The [said] signing shall be done only in the city
30clerk's office, where the petition shall be retained during the
3Section 1053. Additional Petitions.--In order to facilitate
4the signing of [such] the petition, the city clerk shall cause
5to be made at least two additional similar petitions for signing
6by the qualified electors, and the signing of [such] the
7additional similar petitions shall have the same force and
8effect as the signing of the original petition. The city clerk
9is hereby authorized to employ at least two persons to take
10charge of [said] the additional petitions[; the]. The city clerk
11and [said] the persons hired are hereby empowered to administer
12the oath [hereinafter] required to be taken by the electors.
13This section also shall apply [as well] to petitions initiating
14ordinances under subdivision (b).
15Section 1054. Signatures; Oath; Time of Signing.--Each
16signer of a petition under section 1051 shall add to [his] the
17signer's signature [his] the signer's place of residence by
18street and number[,] and shall make an oath before the city
19clerk, or other person authorized [as aforesaid] under section
201053, that [he] the signer is a qualified elector of the city
21and resides at the address given. The city clerk shall keep
22[his] the city clerk's office open for the purpose of receiving
23signatures to the petitions [from eight o'clock ante meridian to
24ten o'clock post meridian of each day except Sundays and
25holidays. He] at least from nine o'clock ante meridian through
26seven o'clock post meridian, prevailing time, Monday through
27Friday. The city clerk shall not permit [any] a person to sign
28[any of the said petitions] a petition after [ten] seven o'clock
29post meridian, prevailing time, of the tenth day following the
30[passage] enactment of the ordinance on which the referendum
1vote is [prayed for] requested.
2Section 1055. Presentation of Petition to Council.--At the
3expiration of [said] ten days, the [said] petition shall be
4[deemed and taken to be] filed with and presented to the
5council, and [it shall be the duty of] the city clerk [to lay
6the same before] shall present the petition to the council at
7its first meeting [thereafter] after expiration of the ten-day
9Section 1056. Ascertainment of Number of Signers; Report.--
10After [its] presentation of the petition to council, the city
11clerk shall ascertain from the record of registered voters of
12the city whether or not [said] the referendum petition is signed
13by voters equal to twenty per centum of all the votes cast for
14mayor at the last preceding municipal election at which a mayor
15was elected. If necessary, the council [shall allow him] may
16allow the clerk extra help for that purpose, and, after [he] the
17clerk has made [said] the examination, [he] the clerk shall
18report the result [thereof] to council.
19Section 77. Sections 1057 and 1058 of the act are repealed:
20[Section 1057. Ordinances Granting Franchises.--No franchise
21or consent to occupy the public streets, highways, or other
22places in any city of the third class shall be given or granted
23to any person or persons, railroad, railway, gas, water, light,
24telephone or telegraph company, or to any public utility
25corporation, except by ordinance, and no ordinance for such
26purpose shall go into effect before thirty days after it has
27been filed with the Public Utility Commission.
1subdivision (except that the petitioners shall have thirty days
2in which to prepare said petition), is addressed to the council,
3signed by registered electors of the city equal in number to at
4least twenty per centum of all the votes cast for mayor at the
5last preceding municipal election at which a mayor was elected,
6protesting against the passage of said ordinance, the latter
7shall be suspended, and it shall be the duty of the city clerk
8to examine said petition and ascertain, from the registry of
9voters, whether or not said petition is signed by the required
10number of electors. If necessary, the council shall allow the
11city clerk extra help for said purpose. Upon such examination he
12shall report the result to council.]
15Section 1059. Effect of Petition; Submission to Voters.--
16If[,] in any case[,] it shall appear that the [petitions]
17petition provided for in this subdivision [have] has not been
18signed by the requisite number of voters, no action shall be
19taken, but the [ordinances] ordinance shall be [deemed and]
20taken to be in full force from the time or times [they each] it
21would have gone into effect had there been no petition against
22the [same. But in case such petitions are] ordinance. If the
23petition is signed by electors equal to twenty per centum of all
24the votes cast for mayor as aforesaid, the council shall
25reconsider [such] the ordinance, and if the [same] ordinance is
26not entirely repealed by council on reconsideration, the council
27shall call a [special election,] referendum to be held at the
28time of the next general [or], municipal or primary election
29occurring not less than sixty days [therefrom] after the
30reconsideration. At [such] the election, the [said] ordinance
3Section 1060. Certification [of] to County Board of
4Elections; Ballots or Ballot Labels; Expense of Elections.--The
5city clerk, after consultation with the city solicitor, shall
6certify to the county board of elections a copy of the ordinance
7and the proceedings of council directing the referendum vote,
8and the county board of elections shall cause the question to be
9printed for use in the election districts of the city. The
10preparation of ballots or ballot labels for and the holding of
11[special elections] a referendum shall be as provided in the
12Pennsylvania Election Code. Any number of ordinances may be
13referred and voted on at the same election.
14Section 1061. Form of Ballot or Ballot Label.--The ballot
15used when voting upon [such] the ordinance shall contain a
16question stating the nature of the referred ordinance followed
17by the words "yes" and "no" and shall be as provided in the
18Pennsylvania Election Code.
19Section 1062. Computing and Filing Returns.--The officers
20holding [said elections] an election shall keep tally sheets and
21make returns of votes on the referendum question in the same
22manner as tally sheets are kept and returns made in elections of
23officers and the submission of other questions as provided by
24the Pennsylvania Election Code. The returns shall be filed with
25the county board of elections which shall compute the returns
26and certify the results [thereof] to the city council. The
27returns and certifications of [all special elections] a
28referendum question shall be made as provided in the
29Pennsylvania Election Code.
30Section 1063. Effect of the Vote.--If it shall appear that
1more persons have voted for [said] the ordinance than against
2it, the ordinance shall take immediate and full effect [without
3more] from the date the results are certified to the city
4council. If the vote is against [said] the ordinance, [it] the
5ordinance shall be [lost] nullified and of no effect.
6Section 1064. Publication of Ordinance Before Election.--
7Before any referendum [election] is held on any ordinance[, a
8copy] in accordance with this subdivision, the city shall
9provide notice of the ordinance which is to be submitted to the
10vote of the people [shall be published as required] by
11publishing a copy of the ordinance in a newspaper of general
12circulation. Publication in accordance with this section shall
13be in addition to publication requirements of the Pennsylvania
18THE EXECUTIVE DEPARTMENT
241. Department of Public Affairs.
252. Department of Accounts and Finance.
263. Department of Public Safety.
274. Department of Streets and Public Improvements.
1functions, powers and duties of the city shall be allocated and
2assigned within the departments established by council by
3ordinance or, in the absence of an ordinance making this
4allocation, among five departments, as follows:
5(1) Department of Public Affairs.
6(2) Department of Accounts and Finance.
7(3) Department of Public Safety.
8(4) Department of Streets and Public Improvements.
9(5) Department of Parks and Public Property.
10Section 1102. Determination of Powers and Duties of
11Departments.--[The council shall determine] Subject to the
12restrictions and limitations of this act and other laws, the
13council may, by ordinance, do all of the following:
27Section 1103. Designation of [Departments] Department
28Directors; Changes.--(a) The mayor shall be director of the
29department of public affairs and as such shall have supervision
30over the city police. In the event that council does not create
3[The] (b) Unless otherwise provided by ordinance in
4accordance with sections 1101 and 1102, the council shall, at
5[the biennial] its organization meeting, designate[, by majority
6vote, one councilman] by resolution one council member to be
7director of the department of accounts and finance, one to be
8director of the department of public safety, one to be director
9of the department of streets and public improvements, and one to
10be director of the department of parks and public property.
11[Such] The designation may be changed at council's discretion.
12Section 1104. Department Directors Responsible for City
13Property and Supplies; Perpetual Inventory Reports.--The
14director of each department shall be responsible for the
15personal property and supplies of the city within [his] the
16director's department[, and]. Each department director shall
17prepare and maintain a perpetual inventory of [such] the
18personal property and supplies[. He shall] for which the
19director is responsible and, from time to time during the fiscal
20year, file the inventory with the city clerk [a copy of such
21inventory from time to time during the fiscal year, and shall
22make available to the director of accounts and finance a copy of
23such inventory to assist him in the preparation of the proposed
24budget ordinance. He shall furnish a copy of such inventory to
25the council upon request.] or other official designated by
26council. The city clerk or other designated official with whom
27the inventory is filed shall, upon request, furnish a copy of
28the inventory to the chief fiscal officer and to council.
29Section 81. The act is amended by adding a section to read:
30Section 1105. Quarterly Reports from Directors of
1Departments.--At the close of each quarter of the fiscal year,
2each department director shall prepare and submit to the
3director of the department of accounts and finance, if one
4exists, or to the business administrator or other official
5designated by council, a comprehensive and detailed report of
6all expenditures and operations of the director's department
7during the quarter. The person to whom the quarterly reports are
8submitted shall review and consolidate the quarterly reports and
9shall prepare and submit to council a consolidated report on the
10expenditures and operations of the entire city government,
11together with recommendations, not later than the second meeting
12of council after the close of each quarter.
19Section 1201. Qualifications.--The mayor shall be at least
20[twenty-one] eighteen years of age[,] and shall be elected at
21large by the qualified electors of the city. [He] The person
22shall have been a resident of the city wherein [he shall be]
23elected for at least one year[, next before his election,]
24before the person's election and shall reside in the city
25throughout [his] the person's term of service. Prior to being
26sworn in to office, and as a condition to qualifying for office,
27the elected mayor shall present a signed affidavit to the city
28clerk that states the person resides in the city from which
29elected and has resided in the city continuously for at least
30one year preceding the person's election.
1Section 84. Section 1202 of the act is amended to read:
2Section 1202. Chief Executive; Inauguration.--The mayor
3shall be the chief executive of the city. [He shall be
4inaugurated and take the oath of office provided for by this act
5at ten o'clock in the forenoon of the first Monday of January
6next succeeding his election, or as soon thereafter as possible]
7The mayor shall be inaugurated and take the oath of office in
8accordance with sections 904 and 905 on the first Monday of
9January following the regular municipal election. If the first
10Monday is a legal holiday, the mayor shall be inaugurated and
11take the oath the first day following or as soon after that day
15Section 1203. Execution of Laws; Powers of Sheriff
16Conferred; Emergency Powers.--[(a) It shall be the duty of the
17mayor and the chief executive of cities adopting the city
18manager form of government to be vigilant and active in causing
19the ordinances of the city, and the laws of the Commonwealth
20relating to the government of the city, to be executed and
22(b)] (a) In accordance with the powers granted in this act,
23the mayor shall have the authority to cause the ordinances of
24the city, and all general laws applicable to the ordinances, to
25be executed and enforced.
26(b) The mayor shall annually report to the council and the
27public on the work of the previous year and on the condition and
28requirements of the city government and shall, from time to
29time, make such recommendations for action by the council as the
30mayor may deem in the public interest.
1(c) In order to enable [him] the mayor effectually to
2preserve the public peace within the city, all the powers which
3are devolved by the laws of this Commonwealth upon sheriffs, to
4prevent and suppress mobs, riots, and unlawful and tumultuous
5assemblies, are hereby conferred upon [him] the mayor.
6(d) When the mayor [or chief executive] considers that a
7state of emergency exists, [he] the mayor may issue [his] a
8proclamation, which shall be in writing and copies of which
9shall be made available to all news media[,] and to each member
10of city council, declaring a state of emergency [for a period
16(2) In the case of a declaration of a state of emergency by
17the mayor [or chief executive] for either a citywide or site-
18specific emergency, city agencies may temporarily implement
19their emergency assignments without regard to procedures
20required by other laws pertaining to the incurring of
21obligations and the employment of temporary workers. [In his]
5[(5) The] (v) the transportation, possession or use of
6gasoline, kerosene, or other combustible, flammable or explosive
7liquids or materials, except in connection with the normal
8operation of motor vehicles, normal home use[,] or legitimate
9commercial use; or
10[(6) Any] (vi) any other [such] activities as [he] the
11mayor reasonably believes [should be prohibited to help
12preserve] would cause a clear and present danger to the
13preservation of life, health, property or the public peace.
17[(d)] (g) Any person violating [such] a proclamation of
18emergency [shall be guilty of] commits a summary offense and
19shall, upon conviction, be sentenced [to pay a fine not to
20exceed three hundred dollars ($300) or to undergo imprisonment
21not to exceed thirty days, or both] as provided by law.
24Section 1204. Official Seal of Mayor.--Council shall provide
25an official seal for the mayor [and prescribe the form thereof]
26in such form as the mayor may reasonably request, which shall
27not be changed during the mayor's term of office.
1and cause all of their violations or neglect of duty to be
2promptly punished or reported [to the council] for correction in
3the manner council may direct. For the purposes [aforesaid, he]
4of this section, the mayor is hereby empowered to issue
5subpoenas and compulsory processes, under [his] the mayor's
6official seal, for the attendance of [such] persons and the
7production of [such] books and papers as [he] the mayor may deem
8necessary[, and shall have like enforcement of such subpoenas as
9is]. A subpoena shall be enforced in the manner provided for
10council in section [one thousand fifteen of this act] 1015.
13Section 1206. [Quarterly Reports from Directors of
14Department;] Report of Mayor to Council; Information from
15Directors of Departments.--[The director of each department of
16the city shall prepare and submit to the Director of the
17Department of Accounts and Finance, at the close of each quarter
18of the fiscal year, a comprehensive and detailed report of all
19expenditures and operation of his department during the quarter.
20The Director of the Department of Accounts and Finance shall
21review and consolidate such quarterly reports and shall prepare
22and submit to council a consolidated report on the expenditures
23and operations of the entire city government, together with his
24recommendations, not later than the second meeting of council
25after the close of each quarter.] The mayor shall have the
26authority, at all times, to call upon any official of the city
27or heads of departments for any information as to the affairs
28under their control and management as [he] the mayor may
29require. [He] The mayor may likewise report upon any and all
30matters of city government as frequently to council as [he] the
1mayor deems conducive to the interest and welfare of the city.
5Section 1207. [Criminal and Civil Jurisdiction; Docket;
6Fees.--He] Power to Take Acknowledgments and Oaths and to
7Formalize Marriages.--The mayor shall be empowered to take
8acknowledgments of any instruments in writing[,] pertaining to
9the business of the city, solemnize marriages[,] and to
10administer oaths and affirmations[,] as to city business[,] and
11shall attest all [his acts with his official seal] the mayor's
12acts with the mayor's official seal, if any.
15Section 1208. Salary.--(a) (1) The mayor of each city
16shall receive for [his] the mayor's services during the term of
17service an annual salary to be fixed by ordinance, payable in
18[such] equal [installments] installments as council shall
20(2) The council shall, by ordinance, fix the amount of
21salary to be paid to the mayor for [his] the mayor's services[,]
22and may provide for the assessment and retention [therefrom]
23from the salary of reasonable fines for absence from regular or
24special meetings of council or [councilmanic] committees of
1United States census, one thousand two hundred dollars per
2annum; in cities having a population of over fifteen thousand,
3and less than thirty thousand inhabitants, two thousand four
4hundred dollars per annum; in cities having a population
5exceeding thirty thousand, four thousand eight hundred dollars
7The amount of compensation for the mayor in any of the said
8cities shall not be increased or diminished after his election.
9Succeeding councils may change the amount of the mayor's
10compensation, but such change shall not affect the compensation
11of the mayor then in office or of any person taking office as
12mayor within six months of final passage of the ordinance
13providing for such change.]
22(4) in any city with a population in excess of fifteen
23thousand, the salary of the mayor shall not exceed five hundred
24dollars a year per thousand population or fraction of a
25thousand, the population to be determined by the latest official
27(c) The compensation to be received by a mayor in cities
28other than newly created cities shall be fixed by ordinance of
29council enacted at least two days prior to the last day fixed by
30law for candidates to withdraw their names from nominating
1petitions previous to the day of the municipal election. The
2compensation to be received by the mayor shall not be increased
3or diminished after the mayor's election unless the increase or
4decrease was included in an ordinance enacted at least two days
5prior to the last day fixed by law for candidates to withdraw
6their names from nominating petitions previous to the day of the
8(d) (1) Subject to clause (2) and notwithstanding any other
9provisions of law, a mayor may receive an honorarium, fee or
10reimbursement of expenses related to the performance of a
11marriage ceremony in this Commonwealth, if the mayor first
12notifies council in writing of the mayor's intention to perform
13marriage ceremonies. A notification pursuant to this clause
14shall remain in effect for the term of the mayor or until such
15time as the notification is rescinded by the mayor.
16(2) The honorarium or fee shall not exceed one hundred fifty
17dollars for each ceremony performed. The mayor shall keep
18accurate accounts of the fees received relating to the
19performance of marriage ceremonies and provide council each
20quarter with a report of moneys received for that period. The
21quarterly report shall include the amount of money received, the
22names of persons from whom money was received along with the
23date and the location of the performed ceremony and shall be
24considered a public record.
25(3) The receipt of a fee under this subsection shall not be
26considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics
27standards and financial disclosure) and shall not be considered
28compensation under this act.
29Section 90. Section 1209 of the act is amended to read:
30Section 1209. Acting Mayor; Powers and Duties.--[The member
1of city council who shall be designated as the director of the
2department of accounts and finance shall be vice president of
3the city council, and acting mayor of the city during the
4absence or inability of the mayor to act; and, during such
5absence or inability, he] During the absence of the mayor or the
6inability of the mayor to act, the vice president of city
7council shall be the acting mayor who shall exercise all the
8rights and powers of the mayor. In the event of a vacancy in the
9office of the mayor by reason of death, resignation, or
10otherwise, the vice president of council shall, in like manner,
11act as the mayor and shall, while acting as mayor, receive the
12compensation of mayor but not [of director of accounts and
13finance or councilman during such incumbency] any compensation
14as a council member, until the successor of the mayor is duly
15[elected] appointed and qualified [as hereinbefore provided] in
16accordance with section 901. In case of the absence or inability
17of the [director of accounts and finance to act] vice president
18of council to act as mayor, the council shall designate another
19one of its members to act as mayor.
23CITY ADMINISTRATOR OR MANAGER
26Section 1201-A. Office of city administrator or manager.
27City council may, at its discretion at any time, by
28ordinance, enacted by a majority vote of all members elected to
29council, create the office of city administrator or manager and
30may in like manner abolish the same. The appointed office of
4Section 1202-A. Appointment; selection; removal.
5In a city in which the office of city administrator has been
6created, council shall appoint a person to fill that office
7initially, and thereafter, whenever a vacancy exists in the
8office. The appointment of a person to fill the office of city
9administrator shall be by an affirmative vote of a majority of
10all the members of council. Council shall select a city
11administrator on the basis of executive and administrative
12qualifications, education and experience and may give special
13consideration to applicants with training and experience in
14municipal government operation. The city administrator shall
15serve at the pleasure of council, subject to contractual rights
16that may arise under an employment agreement that may be entered
17in accordance with section 1203-A.
20Section 1203-A. Employment agreement.
21Council may enter into an employment agreement with the city
22administrator. The employment agreement may set forth the terms
23and conditions of employment, and the agreement may provide that
24it shall remain in effect for a specified period terminating no
25later than two years after the effective date of the agreement
26or the date of the [organization] organizational meeting of
27council following the next municipal election, whichever shall
28first occur. An employment agreement entered into pursuant to
29this section may specify conditions under which a city
30administrator would be entitled to severance compensation, but
1in no event shall an employment agreement guarantee employment
2through the term of the agreement or confer upon the city
3administrator any legal remedy based on specific performance.
4Any employment agreement with a city administrator executed on
5or after a municipal election but before the first meeting in
6January the year after the municipal election shall be void.
9Section 1204-A. Residency and elective city office.
10At the time a person is appointed to fill the office of city
11administrator, the appointee need not be a resident of the city.
12After appointment, the city administrator may reside outside the
13city only with the approval of council. The city administrator
14shall not hold any elective city office.
15Section 1205-A. Powers and duties.
16(a) Powers and duties generally.--Council may, by ordinance,
17vest in the city administrator powers and duties relating to the
18general management of city business and to the enforcement of
19city ordinances and regulations. The powers and duties conferred
20upon a city administrator in accordance with this section shall
21not be construed as diminishing powers granted to other city
22officers by statute or ordinance.
1provided by ordinance or law.
14(4) To designate a qualified administrative officer of
15the city to perform the city administrator's duties during
16the city administrator's temporary absence or disability. In
17the event the city administrator fails or is unable to make
18such designation, or, if the absence or disability continues
19more than 30 days, the council may, by resolution, appoint an
20officer of the city to perform the duties of the city
21administrator during the city administrator's absence or
22disability until the city administrator is able to return to
24(5) To negotiate contracts for the city, subject to the
25approval of city council, make recommendations concerning the
26nature and location of municipal improvements and execute
27municipal improvements as determined by the city council.
6(8) To recommend to the city council for adoption such
7measures as the administrator may deem necessary or
8expedient, keep the council advised of the financial
9condition of the city and make reports to the council as
10requested by it.
14(10) To prepare and submit the annual city budget for
15review and approval by the city council. The recommended
16budget shall be submitted to city council for its review no
17later than the last stated meeting in November. The budget so
18submitted shall be accompanied by an enabling ordinance,
19together with such explanatory comment or statement as the
20administrator may deem desirable. The budget document shall
21be in such form as is required by law for city budgets and
22shall contain such additional documentation or explanation of
23the various items of expenditure and revenue as may be
24required by council.
27Section 95. Article XIII heading of the act is repealed:
30Section 96. Sections 1301, 1302 and 1303 of the act are
2[Section 1301. Appointment; Compensation; Removal.--The
3council of each city shall appoint a city clerk on the first
4Monday of May, one thousand nine hundred and fifty-two, and on
5the first Monday of May every fourth year thereafter, and fix
6his compensation by ordinance. He shall serve for a term of four
7years and until his successor is duly appointed and qualified.
8Section 1302. Power to Administer Oaths; Duties.--The city
9clerk shall have the power of a notary public to administer
10oaths in any matter pertaining to the business of said city, or
11in any legal proceeding in which it is interested. He shall also
12perform such other duties as shall be prescribed for his office
13by law, ordinance or resolution of council.
14Section 1303. Records Open to Inspection.--The records and
15documents of city council of every city shall be kept in the
16office of the city clerk and shall be open to the inspection of
17any taxpayer thereof, his, her, or its agent, upon demand
18therefor during office hours.]
22THE CITY TREASURER
25Section 1401. Qualifications.--The city treasurer shall be
26[a competent] an accountant, at least twenty-one years of age,
27and shall have been a resident of the city for at least one year
28[next prior to his] before the person's election. [He] The
29elected treasurer shall reside in the city throughout [his] the
30treasurer's term of office. Prior to being sworn in to office,
1and as a condition to qualifying for office, the elected
2treasurer shall present a signed affidavit to the city clerk
3that states the person resides in the city from which elected
4and has resided in the city continuously for at least one year
5preceding the person's election.
8Section 1402. Bond; Insurance; Salary.--[The city treasurer
9shall give lawful fidelity bond to the Commonwealth, with a
10surety company authorized by law to act as surety, to be
11approved by the city council, in such sum as it may by ordinance
12direct, conditioned for the accounting for and paying over all
13moneys received by him in his capacity as city treasurer and the
14safekeeping and payment over of all public moneys entrusted to
15his care, and that as tax collector of city, county, institution
16district, and school taxes he shall account for and pay over all
17moneys received by him as taxes, penalties and interest. The
18city treasurer shall in addition furnish adequate insurance
19protection against any and all losses of said funds through
20fire, burglary, larceny, theft, robbery or forgery. Such
21insurance shall be approved by the city council in such sum as
22it may by ordinance direct. The city treasurer and his surety
23shall be discharged from further liability on any bond as tax
24collector, as soon as all tax items contained in the duplicates
25delivered to him are either: (1) collected and paid over, or (2)
26certified to the city council for entry as liens in the office
27of the prothonotary, or as claims in the tax claim bureau, as
28the case may be, or (3) returned to the county treasurer or city
29treasurer for sale, or (4) in the case of taxes, not levied upon
30real estate, a record of those which remain uncollected is filed
1with the tax authority. The city treasurer shall be required to
2give, in addition to insurance as aforesaid, but one bond which
3shall include his duties as city treasurer and collector of
4city, county, institution district, and school taxes, and shall
5cover the full term of his office. Should any of the taxing
6districts be of the opinion at any time that the bond and
7insurance as aforesaid provided by the city treasurer is not
8sufficient in amount as to the surety and insurance thereon, the
9said taxing district may petition the court of quarter sessions
10having jurisdiction in the city to have the city treasurer
11furnish additional bond and insurance as aforesaid. Thereupon,
12the city treasurer shall furnish such additional bond and
13insurance, if any, as the said court may prescribe. The premium
14of the bond or bonds and insurance shall be paid by the city or
15shared pro rata by the taxing districts interested, as the case
16may be, according to their respective tax interests. The
17treasurer shall not in any event be required to provide bond or
18bonds and insurance in an amount in excess of the taxes to be
19collected by him. The bond or bonds and insurance provided by
20the city treasurer shall or be for the use of the city and the
21taxing districts involved. He shall, as city treasurer, receive
22a fixed annual salary, to be provided by ordinance. His
23compensation as tax collector for the city, county, institution
24district and school district shall be as provided for in the
25Local Tax Collection Law.] (a) The city treasurer shall give
26lawful fidelity bond, covering the full term of office, for the
27faithful performance of official duties, including duties as tax
28collector of city, county, institution district and school
29taxes. In addition to being subject to such other conditions as
30council may direct, the bond of the city treasurer shall be
1conditioned upon the following:
10(b) Council may require two bonds from the city treasurer:
16In lieu of the bond required for the faithful performance by the
17city treasurer of official duties other than those of tax
18collector, council may purchase insurance, provided that the
19insurance covers the same events of loss and insures the county
20against the same misconduct as the bond in compliance with this
22(c) The city treasurer and the treasurer's surety shall be
23discharged from further liability on any bond as tax collector,
24as soon as each of the tax items contained in the duplicates
25delivered to the city treasurer has been:
26(1) collected and paid over;
27(2) assigned to third party assignees;
8(e) Should any of the taxing districts be of the opinion at
9any time that the bond or insurance provided by the city
10treasurer is not sufficient in amount, the taxing district may
11petition the court of common pleas having jurisdiction in the
12city to have the city treasurer furnish additional bond and
13insurance. Thereupon, the city treasurer shall furnish
14additional bond and insurance, if any, as the court may
15prescribe. The premium on the bond or on the bonds and insurance
16shall be shared pro rata by the taxing districts interested, as
17the case may be, according to their respective tax interests
18pursuant to the act of May 25, 1945 (P.L.1050, No.394), known as
19the "Local Tax Collection Law." The treasurer shall not in any
20event be required to provide bond or bonds and insurance in an
21amount in excess of the taxes to be collected by the treasurer.
22The bond or bonds and insurance provided by the city treasurer
23shall be for the use of the city and the taxing districts
25(f) The city treasurer shall receive a fixed annual salary
26to be provided by ordinance. Compensation as tax collector for
27the city, county, institution district and school district shall
28be as provided for in the "Local Tax Collection Law."
29Section 100. The act is amended by adding sections to read:
30Section 1402.1. City Treasurer to be Tax Collector.--Except
1as otherwise provided by the act of December 31, 1965 (P.L.1257,
2No.511), known as "The Local Tax Enabling Act," the city
3treasurer, by virtue of the treasurer's office, shall be the
4collector of the city, county, school and institution district
5taxes assessed or levied in the city by the proper authorities
6therein. As tax collector, the city treasurer shall maintain and
7keep an office which may be the same as that of the city
8treasurer for the purpose of receiving taxes during regular
10Section 1402.2. Date of Delivery of Duplicate; Collection.--
11The council of each city and the county and county institution
12district authorities, now empowered or which may be hereafter
13empowered to levy taxes upon persons and property within the
14city, shall, within thirty days after the adoption of the budget
15or within thirty days after receipt of the assessment roll from
16the county, whichever is later, make out and deliver their
17respective duplicates of taxes assessed to the city treasurer to
18be collected. The proper school authorities shall make out and
19deliver the school duplicates of their respective taxes in such
20city at the time and in the manner provided by the school laws
21of this Commonwealth. All duplicates of taxes provided to or
22received by the treasurer shall at all times be open to proper
23inspection of the public and of the proper auditing and
24examining officers of the city, county or school district, as
25the case may be, and shall be delivered by the treasurer at the
26expiration of the treasurer's term to the treasurer's successor.
27Section 1402.3. Tax Liens; Schedule of Uncollected Taxes;
28Liability for False Return.--Upon the settlement of the
29duplicates of city, county, institution district and school
30taxes which by law are made a lien on real estate, the city
1treasurer as collector of taxes shall make out schedules of the
2city, county, school or institution district taxes uncollected
3upon the duplicates with a brief description of the properties
4against which the same are assessed, for the purpose of having
5the same entered for lien or sold according to law. The failure
6of the city treasurer to collect the taxes from personal
7property, when the same could have been collected, shall not
8impair the lien thereof or affect any sale made for the
9collection thereof. In case the city treasurer shall make any
10wilfully false return, the city treasurer shall be liable to any
11person or persons injured thereby.
14Section 1403. Receipt and Payment of Moneys; Daily
15Transmittal of Receipts; Duplicates.--The city treasurer shall
16demand and receive all moneys payable to the city from [whatever
17source, and shall issue a receipt in every case to the person
18making such payment, and shall pay all warrants duly
19countersigned by the director of accounts and finance and the
20city controller] such sources as the city council may from time
21to time entrust to the city treasurer and shall issue a receipt
22when requested in every case to the person making such payment
23and shall pay all documents authorizing payment duly
24countersigned. All receipts for money received on behalf of the