PRIOR PRINTER'S NO. 466
PRINTER'S NO. 1293
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY EICHELBERGER, ERICKSON, BLAKE, ROBBINS, WOZNIAK, YAW, SCHWANK, FOLMER, FERLO, MENSCH, BREWSTER, YUDICHAK, COSTA, SOLOBAY AND PILEGGI, FEBRUARY 13, 2013
SENATOR EICHELBERGER, LOCAL GOVERNMENT, AS AMENDED, JUNE 26, 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.
1PROCEDURES FOR INCORPORATION
2Section 200. Definitions.
3Section 201. Creation of Cities.
4Section 203.1. Incorporating Resolution.
7Section 204.1. Notice of Election.
8Section 205. Returns of Election.
9Section 206. Effect of Vote Against Incorporating as City.
10Section 207. Governor to Issue Letters Patent; Boundaries.
11Section 208. Property of Entities Vested in City.
17CHANGE OF CORPORATE TITLE
18Section 301. Resolution and Petition to Change Corporate Title.
19Section 302. Hearing; Decree.
20Section 303. Recording Decree.
21Section 304. Existing Rights and Liabilities Preserved.
23CREATION AND DIVISION OF WARDS
26Section 401.1. Petition of Registered Voters.
27Section 402. (Reserved).
28Section 403. Appointment of Commission.
29Section 403.1. Expenses of Commissioners.
30Section 403.2. Report.
1Section 404. Election.
2Section 405. Notice of Election; Review of Report.
3Section 406. Election Laws to Apply.
4Section 407. Computing Vote; Return; Resubmission of Question.
5Section 408. Change of Ward Lines by Council.
6Section 409. Pennsylvania Election Code.
9Section 601. Navigable Stream Boundaries.
10Section 602. Court to Establish Disputed Boundaries.
11Section 603. Petition to Court; Commissioners; Report.
12Section 604. Exceptions and Procedure.
13Section 605. Pay and Expenses of Commissioners.
14Section 606. Boundary Monuments.
16ELECTED OFFICERS AND ELECTIONS
19Section 702. First Elections in Newly Created Cities.
20Section 703. Nominations and Elections.
21Section 704. Certificates of Election.
23VACANCIES IN OFFICE
24Section 801. Vacancies in Council and Office of Mayor.
25Section 802. Vacancy in Office of Controller or of Treasurer.
27GENERAL PROVISIONS RELATING TO CITY
28OFFICERS AND EMPLOYES
8Section 905. Oath of Office; Violation of Oath; Penalty.
9Section 906. Bond to be Given by Officers and Agents.
10Section 907. Surety Bonds; Insurance; Premiums.
17Section 917. Powers of Subpoena; Compelling Testimony.
22(a) General Provisions
23Section 1001. Qualifications of Council Members.
24Section 1002. Vesting of Legislative Power.
25Section 1003. Organization of Council.
26Section 1004. Oath of Council Members; Quorum; Rules.
1Section 1016. Salaries.
2Section 1016.1. Appointment of City Clerk.
4Section 1018.1. Ordinances and resolutions.
9Section 1018.4. Signing and attesting ordinances.
10Section 1018.5. Proposed ordinances; titles.
13Section 1018.7. Payments not authorized by law.
14Section 1018.8. Time of taking effect of ordinances.
15Section 1018.9. Publication of proposed ordinances.
16Section 1018.10. Filing of proposed ordinances.
19Section 1018.12. Proof and evidence.
20Section 1018.13. Standard or nationally recognized codes.
21Section 1018.14. Maps, plans or drawings.
22Section 1018.15. Codification of ordinances.
25Section 1018.17. Penalty.
26(b) Initiating Ordinances by Electors
29Section 1031. Petition; Notice.
30Section 1032. Signing; Oath.
3Section 1034. Submission to Council.
4Section 1035. Actions by Council; Notices.
5Section 1036. Form of Ballot on Submission to Vote.
6Section 1037. Effect of Majority Vote.
7Section 1038. No Repeal Within Two Years.
10Section 1040. Submission for Repeal by Council.
13(c) Reconsidering Ordinances by Electors
14Section 1050. Time Ordinances Go Into Effect.
15Section 1051. Petition; Reconsideration of Ordinance.
16Section 1052. Preparation of Petition by City Clerk; Notice.
17Section 1053. Additional Petitions.
18Section 1054. Signatures; Oath; Time of Signing.
19Section 1055. Presentation of Petition to Council.
20Section 1056. Ascertainment of Number of Signers; Report.
21Section 1059. Effect of Petition; Submission to Voters.
24Section 1061. Form of Ballot or Ballot Label.
25Section 1062. Computing and Filing Returns.
26Section 1063. Effect of the Vote.
27Section 1064. Publication of Ordinance Before Election.
29THE EXECUTIVE DEPARTMENT
30Section 1101. Executive Departments.
3Section 1103. Designation of Department Directors; Changes.
6Section 1105. Quarterly Reports from Directors of Departments.
9Section 1201. Qualifications.
10Section 1202. Chief Executive; Inauguration.
13Section 1204. Official Seal of Mayor.
14Section 1205. Supervision of Conduct of City Officers.
19Section 1208. Salary.
20Section 1209. Acting Mayor; Powers and Duties.
22CITY ADMINISTRATOR OR MANAGER
23Section 1201-A. Office of city administrator or manager.
24Section 1202-A. Appointment; selection; removal.
25Section 1203-A. Employment agreement.
26Section 1204-A. Residency and elective city office.
27Section 1205-A. Powers and duties.
29THE CITY TREASURER
30Section 1401. Qualifications.
1Section 1402. Bond; Insurance; Salary.
2Section 1402.1. City Treasurer to be Tax Collector.
3Section 1402.2. Date of Delivery of Duplicate; Collection.
8Section 1404. Method of Keeping Accounts.
9Section 1405. Moneys Appropriated Only to be Paid Out.
17THE CITY ENGINEER
18Section 1501. Appointment of City Engineer.
19Section 1502. Control of Engineering Matters.
20Section 1503. Duties.
23Section 1505. Surveys; Entering Upon the Lands of Others.
25THE CITY SOLICITOR
26Section 1601. Appointment of City Solicitor.
27Section 1602. Direction of Legal Matters.
28Section 1603. Duties.
29Section 1604. Written Opinions to be Furnished.
30Section 1607. Satisfaction of Liens Due City.
1Section 1609. Assistant Solicitor.
2Section 1610. Special Counsel.
4THE CITY CONTROLLER
5AND INDEPENDENT AUDITOR
6(a) City Controller
7Section 1701. Qualifications; Bond; Compensation.
8Section 1704. Powers and Duties.
9Section 1704.1. Deputy Controller; Employes.
10Section 1704.2. Temporary Deputy Controller.
11Section 1704.3. Continuation of Office.
12(b) Independent Auditor
13Section 1704.11. Appointment of Independent Auditor.
14Section 1704.12. Powers and Duties of Independent Auditor.
18ACCOUNTS AND FINANCES
19Section 1801. Fiscal Year.
20Section 1802. Chief Fiscal Officer; Bond; Administering Oaths.
21Section 1803. Deputy.
22Section 1804. Regulations Concerning Appropriation.
23Section 1804.1. Investment of City Funds.
28Section 1807. Supervision of Accounts of Departments.
29Section 1808. Suggestions for Improvement of City Finances.
30Section 1809. Annual Budget; Presentation to Council; Notice;
2Section 1810. Amending Budget; Notice.
3Section 1811. Appropriations; Tax Rate; Limitations.
4Section 1811.2. Borrowing in Anticipation of Current Revenue.
8Section 1813. Committee to Prepare Uniform Forms.
9Section 1814. Annual Reports to Council on Insurance and Bonds.
12Section 1901. Power to Make and Regulate Awarding of Contracts.
17Section 1901.3. Determining Amount of Contract.
20Section 1901.5. Receipt, Opening, Award or Rejection of Bids.
21Section 1901.6. Bid, Performance and Payment Security.
22Section 1901.7. Compliance With Other Laws.
23Section 1901.8. Prohibitions.
24Section 1901.9. Lowest Responsible Bidder.
25Section 1902. Evasion of Advertising Requirements.
13Section 1917. Sales of Real and Personal Property.
20Section 2002. Designation of Chief.
21Section 2003. Extra Police Officers; Compensation.
22Section 2005. Powers of Police Officers to Arrest.
23Section 2006. Service of Process; Fees; Payment into Treasury.
24Section 2007. Supervision by Mayor.
29Section 2010. School Crossing Guards.
4Section 2101.1. Appointment and Demotion of Fire Chief.
5Section 2102. Paid Bureau; Election of Officers and Companies.
6Section 2103. Platoon System; Hours of Service.
7Section 2104. Fire Marshal; Powers.
8Section 2105. Obstructing Fire Marshal; Fine.
9Section 2106. Investigation of Cause of Fire; Power of Mayor.
10Section 2107. Fire Chief Ex-officio Fire Marshal.
13Section 2109. Salary of Nonunion City Fire Officers.
15SURVEYS AND SURFACE SUPPORT
16IN COAL MINING AREAS
17Section 2203. Survey of Mines.
18Section 2204. Operators to Furnish Maps; Contents.
19Section 2205. Extensions to be Placed on Maps.
20Section 2206. Certain Surface Supports Not to be Removed.
21Section 2207. Penalty for Surface Support Violations.
22Section 2209. Enactment of Ordinances.
25(a) Board of Health
26Section 2301. Board of Health.
27Section 2302. Members of Appointed Boards of Health.
28Section 2303. Oath of Office; Organization; Secretary.
29Section 2304. Duties of Secretary.
30Section 2305. Health Officer; Qualifications; Oath.
1Section 2306. Duties of Health Officer.
2Section 2307. Duties of Board of Health.
3Section 2308. Powers of Board of Health.
4Section 2309. Effect of Rules and Regulations.
5Section 2310. Fees and Penalties.
6Section 2311. Proceedings of Board to be Public.
7(b) Public Nuisances Detrimental
8to Public Health
9Section 2320. Determination of Public Nuisances.
12(c) Corporations Acting as Boards of Health
15Section 2332. Power of Board.
16Section 2333. Health Officer.
17Section 2334. Secretary.
18Section 2335. Filling of Vacancies.
19Section 2337. No Compensation for Members.
20Section 2338. Applicability of Subdivision.
22Section 2340. Penalty.
25Section 2402. Powers of Cities.
26Section 2402.1. City Property and Affairs.
27Section 2403. Payment of Debts and Expenses.
28Section 2404. Creation of Capital and Operating Reserve Funds.
29Section 2405. Hiring of Employes; Salaries.
30Section 2406. Creation of Necessary Offices or Boards.
1Section 2407. Lockups.
2Section 2408. Market Places.
5Section 2410. Regulation of Pets and Feral Animals.
8Section 2412. Fireworks and Flammable Articles.
11Section 2414. Nuisances.
12Section 2415. Regulation of Encroachments.
13Section 2416. Shade Trees.
14Section 2417. Numbering of Buildings.
15Section 2418. Transportation Stands.
16Section 2419. Police Force.
17Section 2420. Police Regulations.
18Section 2421. Rewards.
19Section 2422. Prevent Riots.
20Section 2423. Regulate Discharge of Guns and Deadly Weapons.
21Section 2424. Racing; Dangerous Practices; Et Cetera.
24Section 2426. Musical Entertainment.
25Section 2427. Aid to Historical Societies.
28Section 2429. Ambulances and Rescue and Life Saving Services.
29Section 2430. Insurance.
30Section 2431. Parking Lots.
1Section 2432. Disorderly Conduct.
2Section 2433. Official Expenses on City Business.
5Section 2435. Local Self-Government.
6Section 2436. Historical Property.
9Section 2438. Junk Dealers and Junk Yards.
10Section 2439. Appropriations for Industrial Promotions.
11Section 2440. Non-debt Revenue Bonds.
14Section 2442. Appropriation for Nonprofit Art Corporation.
15Section 2443. Ratification and Validation of Real Estate Sales.
16Section 2444. Maintenance and Validation of Certain Records.
17Section 2445. Rights Within Streets and Rights-of-Way.
18Section 2446. Emergency Services.
19Section 2447. Charitable Purposes.
22(a) Assessments of Property for Taxation
23Section 2522. Assessment Powers.
24(b) Levy and Collections
25Section 2531. Tax Levies.
26Section 2531.1. Exemptions from Taxation.
27Section 2531.2. Certification of Schedule.
28(c) Sales of Real Estate for Delinquent Taxes
29Section 2542.1. Public Sale of Property to Satisfy Tax Claims.
30Section 2543. Certification of Schedules to Treasurer.
1Section 2546. Record of Sales and Resale.
2Section 2562.1. Conduct of Tax Sales.
4LICENSES AND LICENSE FEES
5Section 2601. Licensing and Regulatory Powers.
6Section 2601.1. Registration of Businesses or Occupations.
7Section 2602. Regulation of Motor Vehicles.
8Section 2603. Licensing of Plumbers.
11Section 2605. Regulation of Special Events.
14Section 2651. Farmers.
15Section 2652. Insurance Business.
16Section 2653. Persons Taking Orders by Samples.
17Section 2654. Commonwealth License Saved.
19REAL ESTATE REGISTRY
20Section 2704. Real Estate Registry.
23Section 2701-A. Definitions.
24Section 2702-A. Report and investigation of public nuisance.
25Section 2703-A. Summary abatement.
26Section 2704-A. Prior notice of abatement.
27Section 2705-A. Abatement by owner.
28Section 2706-A. Appeal after notice; hearing.
1Section 2708-A. Assistance in abatement.
2Section 2709-A. Salvage of material.
3Section 2710-A. Notice of assessment; appeal of charges.
4Section 2711-A. Personal liability of owner.
5Section 2712-A. Administrative fee and civil penalties.
8Section 2801. Exercise of Eminent Domain.
9Section 2802. Restrictions as to Certain Property.
10Section 2803. Title Acquired.
11Section 2824. Assessment Awards.
14Section 2901. Map of Streets.
15Section 2902. Laying Out Streets.
16Section 2903. Effect of Laying Out of Street.
17Section 2904. Improvements Within Laid-Out Streets.
18Section 2915. Power to Open, Etc.
19Section 2916. Ordinances When No Petition is Presented.
20Section 2917. Erection of Improvements Restricted.
21Section 2918. Petition for Opening, Etc.
22Section 2919. Notice of Petition.
23Section 2922. Assessment of Damages and Benefits.
24Section 2930. Power to Grade, Pave, Macadamize, Et Cetera.
25Section 2931. Payment of Cost of Improvement.
26Section 2938. Preparation of Streets for Paving or Repairing.
27Section 2939. Highways in Cities.
30Section 2955. Acquisition of Unobstructed Views.
3Section 2970. Appropriation for Connections with Highways.
4Section 2975. Street Closings; Detours.
5Section 2985. Maintenance of Streets Forming Boundaries.
18Section 3002.1. Ordinances.
19Section 3003. Emergency Repairs; Notice; Cost.
22Section 3101. Construction and Maintenance of Bridges.
23Section 3102. Ordinance for Location of Bridges; Procedure.
26Section 3110. Agreement for Joint Construction and Maintenance.
27Section 3114. Recording of Contract.
28Section 3115. Power to Construct Boundary Bridges.
29Section 3135. Acquisition of Existing Bridges.
4Section 3201.1. Required Connection; Fees.
7Section 3213.1. Rental Fees or Charges.
8Section 3222.1. Acquisition of Existing Sanitary Sewer Systems.
9Section 3230. Sewers Outside Cartway and Curb Lines.
10Section 3240. Building Joint Sewers.
15Section 3250. Sewers Extending Outside of City.
17WATERCOURSES, FLOOD PROTECTION PROJECTS
18AND STORM WATER SYSTEMS
22Section 3407. Assessment of Benefits; Liens.
23Section 3408. Waters Excepted.
30Section 3585. Payment of Cost of Extensions.
1Section 3587. Fixing Rates.
2Section 3588. Collection of Utility Charges.
3Section 3590. Disposition of Revenues.
5PUBLIC BUILDINGS AND WORKS
6Section 3601. Public Buildings Generally.
7Section 3603. Payment of Cost of Erection and Maintenance.
12Section 3607. Long-Term Improvement Leases.
14PARKS, PLAYGROUNDS, AND RECREATION CENTERS
15Section 3703. Acquisition of Lands and Buildings.
16Section 3703.1. Powers of Council; Delegation.
17Section 3705. Creation and Composition of Recreation Board.
18Section 3706. Organization of Board.
19Section 3707. Joint Ownership and Maintenance.
20Section 3708. Borrowing.
21Section 3709. Maintenance and Tax Levy.
22Section 3709.1. City Trusts.
23Section 3718. Park Rangers.
25UNIFORM CONSTRUCTION CODE, PROPERTY MAINTENANCE CODE,
26AND RESERVED POWERS
27Section 4101-A. Primacy of certain codes.
28Section 4102-A. Changes in Uniform Construction Code.
29Section 4103-A. Public nuisance.
30Section 4104-A. Property maintenance code.
1Section 4105-A. Reserved powers.
8Section 4204. Operation of Facilities Jointly.
14Section 4301. Police Pension Fund.
15Section 4302. Retirement; Final Discharge.
16Section 4302.1. Limited Vested Benefit.
17Section 4303. Allowances and Service Increments.
18Section 4303.1. Increase of Allowances After Retirement.
19Section 4303.2. Total Disability.
20Section 4304. Inalienable Rights in Fund.
21Section 4305. Payments to Police Pension Fund by City.
22Section 4306. Management of Police Pension Fund.
23Section 4307. Trusts for Benefit of Police Pension Fund.
24Section 4308. Repayment Before Retirement.
25Section 4309. Definitions.
29Section 4320.1. Limited Vested Benefit for Firefighters.
30Section 4321. Retirement; Final Discharge.
1Section 4322. Pensions and Service Increments.
2Section 4322.1. Increase of Allowances After Retirement.
5Section 4324. Payments to Firefighters' Pension Fund by City.
6Section 4325. Transfers from Other Pension Funds.
7Section 4326. Trusts for Benefit of Firefighters' Pension Fund.
8Section 4327. Repayment Before Retirement.
9Section 4328. Definitions.
10(c) Pension Funds for Employes Other Than
11Police Officers and City-Paid Firefighters
14Section 4341. Pension Board; Duties.
15Section 4342. Retirement Age.
18Section 4343.1. Retirement Allowances; Full Coverage; Payments.
19Section 4343.2. Limited Vested Benefit.
24Section 4345. Payments by Laborers Optional.
25Section 4346. Heads of Departments to Certify List of Employes.
26Section 4347. Receipt, Investment and Payment of Funds.
27Section 4348. Appropriations and Contributions to Fund.
28Section 4349. Application.
29Section 4350. Computation of Time of Service.
30Section 4351. Funds Payable to be Free of Attachment.
1Section 4352. Definitions.
2Section 4353. Beneficiaries of Fund not to be Employed by City.
3(d) Beneficiaries Serving in Elective Office
4Section 4361. Right to a Pension if Salary Refused.
7Section 4401. Examinations Required of All Appointees.
8Section 4402. Appointment of Examining Board.
9Section 4402.1. Existing Civil Service Positions.
12Section 4403.1. Alternate Board Members.
13Section 4403.2. Investigations and Subpoenas.
14Section 4404. Rules and Regulations; Examinations.
17Section 4405.1. Veterans' Preference.
20Section 4406.1 Promotions.
21Section 4407. Tenure; Temporary Appointments.
24Section 4409. Secretary; Compensation.
25Section 4410. Review of Eligibility Lists.
28(a) Support of Veterans' Organizations
29Section 4401-A. Appropriation to post of veterans.
30Section 4402-A. Rooms for meetings of veterans.
1(b) Pennsylvania National Guard
2Section 4411-A. Support of Pennsylvania National Guard units.
3Section 4412-A. Assistance in erection of armories.
4Section 4413-A. Eminent domain for National Guard purposes.
5Section 4414-A. Lands for armory purposes.
6(c) Burials and Memorials
9Section 4422-A. Care of memorials.
10Section 4423-A. Memorial trees.
11Section 4424-A. Penalty for injury to memorial trees.
13ASSESSMENTS FOR PUBLIC IMPROVEMENTS
14Section 4501-A. Authority to assess.
15Section 4502-A. Method of assessment.
16Section 4503-A. Notice of assessment.
17Section 4504-A. Appeals to court.
18Section 4505-A. Benefits and damages.
21Section 4507-A. Payment of assessments in installments.
22Section 4508-A. Collection of assessments.
24COLLECTION OF MUNICIPAL CLAIMS BY SUIT AND
25COMPROMISE OF CLAIMS
26Section 4601. Collection of Municipal Claims by Suit.
27Section 4602. Compromise of Municipal Claims.
29ACTS OF ASSEMBLY REPEALED; SAVING CLAUSE
30Section 4701. Repeals and Savings Clause.
16["City," a city of the third class.
17"Street," any street, avenue, boulevard, parkway, road, lane,
18court, alley, or public square within the city, and any highway
19within the city, as provided in section two thousand nine
20hundred thirty-nine of this act.
25"City." A city of the third class.
26"Highway." A State highway of the Commonwealth.
27"Home Rule Charter and Optional Plans Law." The provisions
28of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and
29optional plan government) and, where applicable, the former act
30of April 13, 1972 (P.L.184, No.62), known as the "Home Rule
1Charter and Optional Plans Law."
2"Municipal authority" or "municipality authority." A body
3politic and corporate created under 53 Pa.C.S. Ch. 56 (relating
4to municipal authorities), under the former act of May 2, 1945
5(P.L.382, No.164), known as the "Municipality Authorities Act of
61945," or under the former act of June 28, 1935 (P.L.463,
7No.191), known as the "Municipality Authorities Act of one
8thousand nine hundred and thirty-five."
24"Street." Any street, avenue, boulevard, parkway, road,
25lane, court, alley or public square within the city, and any
26highway within the city to the extent that the city is legally
27responsible for it, pursuant to agreement or otherwise.
30(a) The collection of municipal and tax claims by liens;
3(c) Conduct of elections;
6(e) [Aldermen] (Reserved);
10(h) Weights and measures;
13(j) Joint city and county buildings;
15(l) State highways;
19Section 104. Construction of Act Generally to Preserve
20Existing Situations.--(a) The provisions of this act, so far as
21they are the same as those of existing laws, are intended as a
22continuation of such laws and not as new enactments. The repeal
23by this act of any act of Assembly, or part thereof, shall not
24revive any act, or part thereof, heretofore repealed or
25superseded, nor affect the corporate existence of any city
26heretofore incorporated. The provisions of this act shall not
27affect any act done, liability incurred, or right accrued or
28vested, or affect any suit or prosecution pending or to be
29instituted to enforce any right or penalty or punish any offense
30under the authority of such repealed laws. All ordinances,
1resolutions, regulations and rules made pursuant to any act of
2Assembly repealed by this act[,] shall continue with the same
3force and effect as if such act had not been repealed. Any
4person holding office or position under or by virtue of any act
5of Assembly repealed by this act shall continue to hold such
6office or position until the expiration of the term thereof,
7subject to the conditions and tenure attached to such office or
8position prior to the passage of this act.
9(b) A city shall possess, and city council and other city
10officials may execute, the corporate powers and duties as
11provided in this act and in other laws to the extent that these
12powers and duties are not repealed by this act.
13Section 105. Constitutional Construction.--The provisions of
14this act shall be severable[, and, if]. If any of its provisions
15shall be held to be unconstitutional, the decision so holding
16shall not be construed to affect the validity of any of the
17remaining provisions of this act. It is hereby declared as the
18legislative intent that this act would have been adopted had
19such unconstitutional provisions not been included therein.
20Section 106. Construction of References.--Whenever in this
21act reference is made to any act by title or otherwise, [such]
22the reference shall be construed to apply to and include any
23codification wherein the provisions of the act referred to are
27(1) All cities which have been incorporated under or which
28have accepted the provisions of the act of [Assembly, approved
29the twenty-third day of May, one thousand eight hundred and
30seventy-four (Pamphlet Laws 230)] May 23, 1874 (P.L.230,
1No.152), entitled "An act dividing cities of this State into
2three classes; regulating the passage of ordinances; providing
3for contracts for supplies and work for said cities; authorizing
4the increase of indebtedness, and the creation of a sinking fund
5to redeem the same; defining and punishing certain offenses in
6all of said cities; and providing for the incorporation and
7government of the cities of the third [class," and the
8amendments thereto; (b) all] class."
9(2) All cities which have been incorporated under the
10provisions of the act of May [twenty-third, one thousand eight
11hundred and eighty-nine (Pamphlet Laws 277)] 23, 1889 (P.L.277,
12No.247), entitled "An act providing for the incorporation and
13government of cities of the third [class," and the amendments
14thereto; (c) all] class."
15(3) All cities which have been incorporated under the
16provisions of the act of [Assembly, approved June twenty-
17seventh, one thousand nine hundred and thirteen (Pamphlet Laws
18568)] June 27, 1913 (P.L.568, No.367), entitled "An act
19providing for the incorporation, regulation, and government of
20cities of the third class; regulating nomination and election of
21municipal officers therein; and repealing, consolidating, and
22extending existing laws in relation [thereto," and the
23amendments thereto; (d) all] thereto."
24(4) All cities formed by the consolidation of boroughs
25having voted separately to become cities in accordance with the
26provisions of the act[, approved May twenty-fourth, one thousand
27nine hundred and seventeen (Pamphlet Laws 262)] of May 24, 1917
28(P.L.262, No.143), entitled "An act to enable two or more
29boroughs that are contiguous or in close proximity to be united
30and to become one city, wherever each of said boroughs shall
1have heretofore voted or shall hereafter vote to become a city
2of the third class, under laws now enacted or which may
3hereafter be enacted; and wherever each of said boroughs has
4duly received or shall hereafter duly receive letters patent
5constituting it a city of the third class, but where sufficient
6time shall not have elapsed after the granting of such letters
7patent for the holding of a municipal election; providing for
8the consequences of such consolidation, the government of such
9consolidated city, the payment of the indebtedness of each of
10the united territories and the enforcement of debts and claims
11due to and from each, and fixing the jurisdiction over the said
12consolidated city in the courts of the county in which the
13majority of its inhabitants shall [reside"; and (e) all]
19(1) To continue operating under the form of government
20previously selected and exercising powers previously acquired by
21the city in accordance with the act of July 15, 1957 (P.L.901,
22No.399), known as the "Optional Third Class City Charter Law."
23(2) To adopt or continue utilizing a form of government and
24to acquire or continue exercising powers pursuant to an optional
25plan or a home rule charter which have been or may be adopted in
26accordance with the "Home Rule Charter and Optional Plans Law."
27Section 108. Effective Date.--This act shall go into effect
28on the first day of July, one thousand nine hundred and thirty-
29one. [This reenactment, revision, amendment and consolidation of
30the laws relating to cities of the third class shall become
3Section 109. Publication of Notices.--Whenever, under the
4provisions of this act, advertisement, notice, or publication is
5required to be published in [one] a newspaper, [such] the
6publication shall be made one time, unless the provision
7requiring publication specifies otherwise, in [a] at least one
8newspaper of general circulation, as defined [by the Newspaper
9Advertising Act of May sixteen, one thousand nine hundred and
10twenty-nine (Pamphlet Laws 1784), printed] in 45 Pa.C.S. § 101
11(relating to definitions), published in the city, if there is
12such a newspaper, and if not, then in a newspaper of general
13circulation circulating generally in [such] the city. If such
14notice is required to be published in more than one newspaper,
15it shall be published in at least one newspaper of general
16circulation, defined as aforesaid, [printed] published, if there
17be such a newspaper, or circulating generally as above provided
18in the city. When [such] the notice relates to any proceeding or
19matter in any court, or the holding of an election for the
20increase of indebtedness, or the issue and sale of bonds to be
21paid by taxation, [such] the notice shall also be published in
22the legal newspaper, if any, designated by the rules of court of
23the proper county for the publication of legal notices and
24advertisements, unless such publication be dispensed with by
25special order of court: Provided, however, That ordinances,
26auditor's statements, summaries of auditor's statements,
27advertisements inviting proposals for public contracts and for
28bids for materials and supplies, or lists of delinquent
29taxpayers, shall be published only in newspapers of general
30circulation, defined as aforesaid.
1Section 3. Article II heading of the act is amended to read:
3PROCEDURES FOR INCORPORATION
4Section 4. The act is amended by adding a section to read:
16Section 5. Section 201 of the act is amended to read:
17Section 201. Creation of Cities.--Cities of the third class
18shall be chartered [whenever a majority of the electors of any
19town, township, or borough, or any two or more contiguous towns,
20townships, or boroughs, or any combination thereof, situate
21within the limits of the same county or situate in two or more
22contiguous counties, and having separately or together, as the
23case may be, a population of at least ten thousand according to
24the last preceding United States census, shall each separately
25vote at any general or municipal election in favor of the same.]
27(1) A single municipal corporation, having a population of
28at least ten thousand according to the last preceding United
29States census, may be incorporated as a city in accordance with
30this article, if a majority of the registered voters in the
3(2) Two or more contiguous municipal corporations, having
4together a population of at least ten thousand according to the
5last preceding United States census, may be incorporated as a
6city by utilizing 53 Pa.C.S. Ch. 7 Subch. C (relating to
7consolidation and merger) and, in accordance therewith,
8determine whether the newly incorporated city shall be governed
9by this act and other general laws applicable to and governing
11Section 6. Sections 202 and 203 of the act are repealed:
12[Section 202. Resolution to Submit Question to Electors.--
13The corporate authorities of any town, township, or borough, or
14of any contiguous towns, townships, or boroughs, as the case may
15be, may, on their own motion, or, upon petition of two hundred
16or more qualified electors thereof, shall, by resolution duly
17passed and recorded among the minutes, submit the question
18whether such town, township, or borough, or whether any
19contiguous towns, townships, or boroughs, shall become a city of
20the third class, to the qualified electors thereof, to be known
21as the "City of ........................."
22Section 203. Notice of Election.--The said corporate
23authorities shall give notice by the publication of said
24resolution, once a week for four successive weeks prior to the
25next general or municipal election, in not more than two
26newspapers of general circulation published or circulating
27generally in said towns, townships, and boroughs, in accord with
28the provisions of section 109 of this act.]
29Section 7. The act is amended by adding a section to read:
30Section 203.1. Incorporating Resolution.--(a) The governing
3(b) If two hundred or more registered voters of the
4municipal corporation petition the governing body of the
5municipal corporation for the adoption of a petition resolution,
6the governing body shall adopt the same.
7Section 8. Section 204 of the act is amended to read:
8Section 204. Resolution Certified to County Board of
9Election; Form of Question.--The [said corporate authorities
10shall certify said] governing body of a municipal corporation
11that adopts an incorporation resolution shall certify the
12incorporation resolution to the county board of elections of the
13proper county or counties[, who shall thereupon cause a proper
14question to be submitted to the qualified electors at the said
15general or municipal election in the said towns, townships, and
16boroughs, in the manner required by the Pennsylvania Election
17Code]. The county board of elections shall, at the general or
18municipal election, in the manner required by the Pennsylvania
19Election Code, submit a referendum question to the registered
20voters of the municipal corporation that has certified an
22Section 9. The act is amended by adding a section to read:
23Section 204.1. Notice of Election.--Notice of the election
24at which registered voters of a municipal corporation will be
25voting on a referendum question shall be given by the secretary
26or other person designated by the municipal corporation. The
27notice required by this section shall be published once a week
28for four successive weeks in a newspaper of general circulation
29in the municipal corporation in which the referendum question
30will be submitted to the registered voters.
3Section 205. Returns of Election.--[The county board of
4elections shall make return of the vote cast on the question
5submitted to the clerk of the court of the proper county or
6counties, and to the respective corporate authorities of the
7towns, townships and boroughs submitting such questions. If a
8majority of the votes cast in each such town, township and
9borough on the question shall be in favor of creating a city,
10then returns thereof shall also be made by the county board of
11elections to the Secretary of the Commonwealth and the
12Department of Community Affairs.] (a) In each county in which a
13referendum question is submitted to the registered voters of a
14municipal corporation, the county board of elections shall make
15return of the vote cast on the referendum question to the clerk
16of the court for that county, and to the governing body of the
17municipal corporation in which registered voters voted on a
19(b) The county board of elections also shall make returns of
20the vote cast on the referendum to the Secretary of the
21Commonwealth and the Department of Community and Economic
22Development, if a majority of the votes cast by the registered
23voters of the municipal corporation are in favor of
24incorporating as a city.
27Section 206. Effect of Vote Against [City Charter.--Whenever
28by the returns of the election in any town, township, or
29borough, it shall appear that in any one there is a majority
30against the city charter] Incorporating as City.--If the returns
1show that a majority of registered voters in a municipal
2corporation voted "no" on the referendum question, no further
3proceeding shall be had, and it shall not be lawful to hold
4another election upon the referendum question in [such town,
5township, or borough] the municipal corporation until the third
6general or municipal election thereafter occurring.
7Section 207. Governor to Issue [Charter Where Vote for City
8Charter] Letters Patent; Boundaries.--If [it shall appear by the
9said returns that there is a majority of the votes cast on the
10question in each town, township, and borough, aforesaid, in
11favor of the city charter, the corporate authorities of all such
12towns, townships, and boroughs] the returns show that a majority
13of registered voters in a municipal corporation voted "yes" on
14the referendum question, the governing body of the municipal
15corporation shall, within sixty days after [such] the election,
16furnish to the Secretary of the Commonwealth the necessary
17information with respect to the boundaries of the new city, and
18the Governor shall, as soon as may be, issue letters patent,
19under the Great Seal of the Commonwealth, reciting the facts,
20defining the boundaries of [said] the city, and constituting the
21same a body corporate and politic by the name of the City
23Section 208. Property of Entities Vested in City.--All of
24the property and estates whatsoever, real and personal, of the
25[towns, townships, and boroughs,] municipal corporations which
26shall have [thus] become a city in accordance with this article
27are hereby severally and respectively vested in the corporation
28or body politic of [said] the city[, by the name, style, and
29title given thereto] for the use and benefit of the citizens
1Section 209. Existing Governments [Preserved Temporarily;
2Organization of City.--The governments of the said towns,
3townships, and boroughs] Temporarily Preserved; City
4Organization.--(a) The government of the municipal corporation
5shall continue in full force and operation, until the first
6Monday of January next succeeding the municipal election
7provided for in section 702 [of this act], at which time the
8officers of [said] the city chosen at [said] the municipal
9election shall enter upon their respective terms of service, and
10the city government shall be duly organized under this act.
11(b) Whenever, in the organization of the city government of
12any newly incorporated city, any person is [elected] appointed
13by council to any office for which this act provides a definite
14term and fixes a definite time for the election of persons
15thereto, the person so [elected] appointed shall serve only for
16such time as intervenes between [his election] the person's
17appointment and the day fixed by this act for the regular
18election or appointment of such officer for a full term.
19Section 210. Existing Liabilities, Debts and Claims
20Transferred to New City.--[All suits, prosecutions, debts, and
21claims, whatsoever, of the said towns, townships and boroughs,
22shall thereupon become transferred to the said city, which in
23all suits pending shall be substituted as a party, and be under
24the management and control thereof. All valid claims and demands
25of whatsoever nature, whether payable presently or in the
26future, existing against the said towns, townships, and boroughs
27when the said charter shall go into operation, shall be
28enforceable against the said city. The bonds and floating
29indebtedness, and the interest thereon, of each of said towns,
30townships and boroughs, contracted prior to such consolidation,
1shall be paid by the said city thus organized and chartered, so
2that the taxes shall be uniform throughout the territorial
3limits of the whole city.] If a municipal corporation is
4incorporated as a city in accordance with this article, the
5following shall apply:
14(4) The bonds and floating indebtedness, and the interest
15thereon, existing at the time a municipal corporation became
16incorporated as a city in accordance with this article shall be
17paid by the newly incorporated city, so that the taxes shall be
18uniform throughout the territorial limits of the whole city.
23ALTERNATIVE PROCEDURE FOR INCORPORATION
24Section 250. Appointment of Charter Commission.--The
25corporate authorities of any town, township, or borough or of
26any combination of contiguous towns, townships or boroughs may
27and, upon petition of two hundred or more qualified electors
28thereof, shall petition the court of quarter sessions of the
29county in which such towns, townships or boroughs are situate,
30for the appointment of a charter commission to study and make
1recommendations on the adoption of a form of city government for
2such towns, townships or boroughs. Whenever any such towns,
3townships or boroughs, or combination thereof, are situate in
4more than one county, the petition shall be brought to the court
5of quarter sessions of the county in which the larger percentage
6of the population thereof are resident.
7The charter commission so appointed shall consist of not less
8than nine nor more than fifteen members who shall be qualified
9electors of the town, township or borough, and if the petition
10is brought on behalf of more than one town, township or borough,
11the charter commission shall be appointed from among qualified
12electors of each of such towns, townships or boroughs.
13In every case, at least three members of the charter
14commission shall be appointed from among the members of the
15governing bodies of the towns, townships or boroughs bringing a
16petition, and when two or more towns, townships or boroughs are
17party to the petition, the court shall appoint at least one
18member of the charter commission from among the members of the
19governing bodies of each of such towns, townships or boroughs.
20Section 251. Powers and Duties of Charter Commission.--The
21charter commission shall organize and function in accordance
22with the provisions of the Optional Third Class City Charter
23Law, and in so far as the same are applicable, shall exercise
24the same powers and perform the same duties as are conferred or
25imposed upon charter commissions elected under the provisions of
26the Third Class City Charter Law.
27Members of the charter commission shall serve without
28compensation, but shall be reimbursed by the towns, townships or
29boroughs for their necessary expenses incurred in the
30performance of their duties. The corporate authorities of the
1towns, townships or boroughs shall appropriate reasonable sums
2of money necessary for such purpose and for the work of the
3charter commission as provided in the Optional Third Class City
5The charter commission shall report its recommendations at
6the time and in the manner provided in the Optional Third Class
7City Charter Law. In its report, the charter commission shall
8recommend adoption of either the "commission" form of city
9government as provided in this act, or one of the optional forms
10of city government provided in the Optional Third Class Charter
12Section 252. Election on the Question.--Within five days
13after the charter commission reports its recommendations, the
14corporate authorities of such towns, townships or boroughs shall
15certify a copy of the commission's report to the county board of
16elections, which shall cause the question of adoption or
17rejection to be placed upon the ballot or voting machines at
18such time as the commission shall in its report specify. The
19question shall be submitted to the electors in the manner and at
20the time provided in the Optional Third Class City Charter Law
21and shall be in the following form:
22Shall the.............................be incorporated into a
23 name of towns, townships or boroughs
24city of the third class to be known as the city of.............
25with a........................form of government providing for
26name of form
27..............................councilmen to be elected at large?
28number of councilmen
1the question as provided by law. If it appears that a majority
2of the votes cast in each such town, township or borough on the
3question shall be in favor of creating a city, the city shall be
4incorporated as provided in this act.
5(b) If, at such election, the electors have voted in favor
6of adopting the commission form of government provided in this
7act, the city officers shall be elected and the city shall be
8organized and governed under the provisions of this act, the
9same as though the election had been held under the provisions
10of article II. of this act.
11(c) If, at such election, the electors have voted in favor
12of adopting one of the optional forms of government provided in
13the Optional Third Class City Charter Law, the city shall be
14governed under the applicable provisions of the Optional Third
15Class City Charter Law, but the first city officers shall be
16elected in accordance with the provisions of this subsection.
17At the first municipal election occurring at least ninety
18days after the date of the letters patent issued by the Governor
19incorporating such city, the qualified electors of such city
20shall elect the city officers appropriate to such optional form
21of government. Except in the case of the first city council,
22such officers shall be elected for the terms provided in the
23Optional Third Class City Charter Law. The first councilmen
24elected in such city shall be divided into two groups. One group
25shall equal one more than one-half of all the councilmen and its
26members shall serve for terms of four years. The second group
27shall equal one less than one-half of all the councilmen and its
28members shall serve for terms of two years. The members of the
29first group shall be those councilmen receiving the greatest
30number of votes at their election, and the members of the second
1group shall be those councilmen receiving the next greatest
2number of votes at their election. If two or more councilmen
3received the same number of votes and one or more but not all of
4them will be included in the first group, they shall draw lots
5to determine which of them shall be included in the first group.
6Thereafter, all councilmen shall be elected for the terms
7provided in the Optional Third Class City Charter Law.
8The governments of the towns, townships and boroughs,
9comprising a city which elects its first officers under the
10provisions of this subsection, shall continue in full force and
11operation until the first Monday of January next succeeding such
12election, at which time the officers of such city shall enter
13upon their respective terms and the city government shall be
14duly organized under the Optional Third Class City Charter Law.
15(d) Whenever by the returns of the election in any town,
16township or borough, it shall appear that in any one there is a
17majority against the city charter and the form of city
18government recommended by the charter commission, no further
19proceedings shall be had and it shall not be unlawful to hold
20another election upon the same question in such town, township
21or borough during the period of four years following such
22election, but the provisions of this subsection shall not affect
23any proceedings under article II. of this act nor any subsequent
24proceedings under the Optional Third Class City Charter Law.
25Section 254. Proceedings are Additional.--The proceedings
26authorized by this article are in addition to, and not in
27substitution of, those proceedings authorized by article II. of
28this act, but it shall not be lawful to institute proceedings
29under either article while any proceedings under the other
30article are unconcluded.
1Section 255. Abandonment of Optional Form of Government.--
2Whenever, under the provisions of this article, the electors of
3any towns, townships or boroughs elect to incorporate a city
4with one of the optional forms of government provided in the
5Optional Third Class City Charter Law, and later, at an election
6held for that purpose under the Optional Third Class City
7Charter Law, elect to abandon such optional form of government,
8the city shall cease to be governed by the provisions of such
9charter plan and the Optional Third Class City Charter Law on
10the first Monday of January following the next succeeding
11municipal election, and shall thereafter be governed under the
12provisions of this act. The reversion to the form of government
13provided by this act shall take effect as provided in article
14VI. of the Optional Third Class City Charter Law for transition
15to an optional form of government in so far as applicable, and
16in addition any city offices which are elective under this act
17but are not elective under such optional form of government,
18shall be filled at such municipal election.]
22CHANGE OF CORPORATE TITLE
25Section 301. Resolution and Petition to Change Corporate
26Title.--[Whenever the council of any city shall, by resolution,
27decide to change the corporate title of such city, it shall
28present its petition to the court of quarter sessions of the
29county having jurisdiction over the municipal affairs of the
30city, petitioning such court to change the corporate title
1thereof in accordance with the resolution, a certified copy of
2which shall be attached to such petition.] City council may
3initiate proceedings to change the corporate title of a city by
4doing each of the following:
7(2) Presenting to the court of common pleas of the county in
8which the city is located a petition, along with a certified
9copy of the resolution, requesting the change in the corporate
10title of the city.
11Section 302. Hearing; Decree.--(a) Upon the presentation to
12the court of [such] the petition and resolution in accordance
13with section 301, the [said] court shall fix a day for a hearing
14[thereof] on the question of the change in the corporate title
15of the city and shall direct that notice of [such] the hearing
16be published once a week for three weeks in [not more than two
17newspapers] a newspaper of general circulation.
18(b) At [such] the hearing, the court shall [hear the] permit
19any resident of the city to give testimony [and argument of
20persons both for and against] either in support of or opposition
21to the change of the corporate title of [such] the city [and, if
22the court is of the opinion that the corporate title of such
23city should be changed as prayed for in the petition of the
24council of said city, shall enter upon the proceedings its order
25and decree changing the corporate title of such city in
26accordance with the resolution of the council thereof; otherwise
27the petition shall be dismissed].
1dismiss the petition.
2Section 303. Recording Decree.--[Upon the filing of a
3certified copy of the decree of the court, changing the
4corporate name of any city, in the office of the Secretary of
5the Commonwealth and the recording thereof in the office of the
6recorder of deeds of the county, the courts of which have
7jurisdiction over the municipal affairs of the city, the
8corporate title of said city shall thereafter be as set forth in
9said decree.] A change in the corporate title of a city that is
10ordered and decreed in accordance with section 302(c) shall not
11become effective until a certified copy of the decree of court
12is filed in the office of the Secretary of the Commonwealth and
13is recorded in the office of the recorder of deeds of the county
14in which the city is located.
15Section 304. Existing Rights and Liabilities Preserved.--No
16change in the corporate title of any city shall in any way
17affect any liabilities incurred, rights accrued or vested,
18obligations issued or contracted, or any suits or prosecutions
19pending or instituted to enforce any right or penalty accrued or
20punish any offense committed prior to [such] the change.
24CREATION AND DIVISION OF WARDS
25Section 16. Section 401 of the act is amended to read:
26Section 401. [Petition for Creation or Division of Wards.--
27New wards may be created in cities, or wards therein may be
28divided, by the court of quarter sessions, on application
29thereto for that purpose, by the petition of at least one
30hundred qualified electors of the district seeking to be created
1as a new ward, or of the ward to be divided, or by the petition
2of the council of the city. No new ward shall contain less than
3three hundred qualified electors according to the last preceding
4enumeration.] General Power of Council in Creation or Division
5of Wards.--(a) In addition to reapportionment of wards pursuant
6to 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and
7section 11 of Article IX of the Constitution of Pennsylvania,
8council may, with or without a petition as provided in section
9401.1 and subject to approval by the registered voters as
10provided in section 407, create new wards, divide a ward or
11wards or detach part of a ward and attach to another ward, in
12accordance with this article.
16(c) All wards in the city shall be numbered and composed of
17compact and contiguous territory as nearly equal in population
18as practicable and as officially and finally reported in the
19most recent Federal census, decennial or special.
20Section 17. The act is amended by adding a section to read:
21Section 401.1. Petition of Registered Voters.--(a)
22Registered voters may petition council to initiate proceedings
23under section 401 to create new wards, divide a ward or wards,
24or detach part of a ward and attach to another ward as follows:
25(1) One hundred registered voters may petition council to
26create or divide a ward if, in the case of a petition proposing
27to create a ward, the petitioners reside in the portion of the
28city which the petition proposes to create as a ward, or in the
29case of a petition to divide a ward, the petitioners reside in
30the ward which the petition proposes to divide.
1(2) Twenty-five registered voters may petition to detach
2part of one ward and attach the detached part to another ward if
3the petitioners reside in the part of the ward that is proposed
4to be detached.
5(b) Council shall by motion approve by a majority of
6council, and within ninety days of presentment of the petition,
7determine whether to initiate proceedings under section 401. If
8the motion is in favor of initiating proceedings, council shall
9appoint a commission in accordance with section 403.
10(c) In the event that council has not approved a motion
11within ninety days after the presentment of a petition under
12subsection (a), any ten registered voters may petition the court
13of common pleas and contest the existing apportionment as
14violating section 401. The proceedings before the court shall be
15conducted in accordance with 53 Pa.C.S. §§ 906 (relating to
16contest of reapportionment by governing body) and 907 (relating
17to costs and expenses of contest).
20Section 402. [Petition for Striking Territory from One Ward
21and Attaching to Another.--Any part or district of a ward in any
22city may be detached therefrom and attached to another ward by
23the court of quarter sessions of the proper county, on
24application thereto for that purpose, by the petition of at
25least twenty-five qualified electors of the district to be
26stricken off or attached, or by the petition of the council of
27the city] (Reserved).
1the division of a ward, or for the detaching from a ward of a
2part or district thereof and attaching the same to another ward,
3the said court shall appoint five impartial qualified electors,
4residents of the city, but not of the wards to be affected
5thereby, as commissioners to inquire into the propriety of
6granting the prayer thereof: Provided, however, That in cities
7having not more than three wards, said commissioners shall be
8selected from the city at large, and may be residents of the
9ward or wards to be affected thereby. The commissioners so
10appointed, or any four of them, shall examine the premises and
11make a draft of the new ward or wards proposed to be created, or
12of the ward or wards to be divided, or of the wards affected,
13showing the division or change thereof, or showing the lines as
14any separation and attachment will affect them, as the case may
15be, and showing clearly the number of qualified electors
16contained within the proposed new ward. The commissioners shall
17make report to the said court at its next term, together with
18their recommendation.].--(a) If council initiates proceedings
19pursuant to section 401, whether on its own volition or pursuant
20to the petition of registered voters, it shall appoint five
21impartial registered voters who are residents of the city as
22commissioners, to make a report and recommendation concerning
23the necessity, desirability and feasibility of proposed wards.
27(c) In cities having not more than three wards,
28commissioners appointed under subsection (a) shall be selected
29from the city at large, and may be residents of the ward or
30wards to be affected thereby.
1Section 19. The act is amended by adding sections to read:
2Section 403.1. Expenses of Commissioners.--Council shall
3make appropriations for the reasonable expenses of the
4commissioners incurred for their services pursuant to this
5article. Each commissioner shall submit to the city controller
6for approval an itemized account of the commissioner's expenses
7to be paid under the authority of this section.
8Section 403.2. Report.--(a) Commissioners appointed by
9council in accordance with section 403(a) shall examine the
10premises and prepare a report which shall include a draft of all
11wards affected by the proposed creation, division or detachment,
12showing the division or change thereof, or showing the lines of
13wards as any separation and attachment will affect them, as the
14case may be, and showing clearly the population contained within
15the affected wards using figures officially and finally reported
16in the most recent Federal census, decennial or special. The
17report, upon completion, shall be submitted to council and shall
18include a recommendation reflecting the decision of a majority
19of its members concerning the proposed creation, division or
20detachment of a ward or wards.
21(b) Consistent with the standards applied in municipal
22reapportionment pursuant to 53 Pa.C.S. § 903(b) (relating to
23reapportionment by governing bodies), no report shall recommend
24the creation, division or detachment of a ward or wards unless
25the result of implementing the report and recommendation would
26be that each ward in the city is composed of compact and
27contiguous territory as nearly equal in population as
28practicable as officially and finally reported in the most
29recent Federal census, decennial or special.
30(c) Upon receipt of the report, council shall, by motion,
1determine whether to submit the question of the proposed
2creation, division or detachment of a ward or wards as provided
3in the report to the registered voters of the city in accordance
4with section 404.
7Section 404. Election[; Form of Ballot.--If a majority of
8the commissioners appointed report favorably to such creation or
9division, or the detaching from a ward of a part or district
10thereof and attaching the same to another ward, the court shall
11order].--(a) If based upon the report in section 403.2, council
12decides to proceed, it shall certify to the county board of
13elections the question of the creation, [or] division or
14detachment of [such] the ward[,] or wards to be submitted to the
15[qualified electors] registered voters of the ward or wards
16[affected, and in the case of the detachment of territory to the
17electors of the ward from which the territory is to be stricken
18off] or parts thereof which are the subject of the report, at
19the general or municipal election occurring not less than ninety
20days [thereafter] after the report was approved by council.
21(b) The [clerk of said court shall certify such order to
22the] county board of elections [which] shall [thereupon] cause
23[a proper] the question [to be submitted to the qualified
24electors at such] of approving the creation, division or
25detachment of a ward or wards to be placed on the ballot in the
26ward or wards or parts that will be affected thereby, at the
27appropriate election in the manner provided by the Pennsylvania
1fifteen days' public notice, by advertisement in one or more
2newspapers, of general circulation, that such an election will
3be held, and of the time and place of holding the same.] (a)
4The city shall publish a notice of election in a newspaper of
5general circulation at least fifteen days prior to the date that
6the question of approving the creation, division or detachment
7of a ward or wards is to be presented at the specified general
8or municipal election.
9(b) The election notice shall contain a statement of the
10issue to be submitted to the registered voters at the election,
11including the ward, wards or parts thereof to be affected, and
12the date upon which the election is to be held. The notice shall
13reference the report and specify that it is available for review
14and copying as a public record pursuant to the act of February
1514, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."
16Section 406. Election Laws to Apply.--All [the electors,
17judges, inspectors and clerks, voting at and in attendance upon
18the election to be held under the provisions of this article,
19shall be subject to the penalties imposed by] matters relating
20to the election at which the question of approving the creation,
21division or detachment of a ward or wards is to be presented to
22the voters shall be governed by the applicable provisions of the
23Pennsylvania Election Code.
24Section 407. Computing Vote; Return; [Order of Court;]
25Resubmission of Question.--[The officers of such election shall
26receive and count the votes in the manner prescribed by law, and
27shall forthwith make out a return on forms furnished by the
28board of elections, showing the number of votes for and against
29such new ward, or for or against such division or detachment of
30a ward, as the case may be, and shall deliver the same to the
1clerk of the court of quarter sessions within three days. The
2said clerk shall compute said return, and forthwith certify the
3result thereof to the court. If it appears that a majority of
4the votes so taken are for a new ward, or for a division or for
5the detachment of territory and its attachment to another ward,
6said court shall thereupon order and decree the creation of such
7new ward or wards, or such division, or such detachment and
8attachment agreeably to the lines marked out and returned by the
10(a) The county board of elections shall tabulate and publish
11the results of the referendum in a newspaper of general
12circulation within thirty days of the election. A certified copy
13of the results shall be placed on record among the minutes of
15(b) If a majority voted in favor of creating or dividing a
16ward or wards, or the detachment of a part of a ward to be
17attached to another, council shall proceed to create or divide a
18ward or wards or detach a part of a ward to be attached to
19another, in accordance with the report, and shall number the new
20wards when necessary[, and order a certified copy of the whole
21proceeding to be placed on record among the minutes of council].
22(c) If a majority [of votes shall be] voted against [the new
23ward, or against division or against detachment] creating or
24dividing a ward or wards, or the detachment of a part of a ward
25to be attached to another, no further action shall be had upon
26[such proceeding] the question, nor shall any new [application
27for such new ward or such division or detachment and attachment
28be heard] petition on the same question be resubmitted until two
29years from the date of [such] the election.
30Section 408. Change of Ward Lines by [Court] Council.--
1Whenever it shall appear to [the court of quarter sessions]
2council in proceedings for the division of any ward, or the
3creation of new wards, that any of the boundaries or divisions
4thereof are uncertain for any cause, [the said court shall make
5such order or decree as to] council shall determine the
6relocation of the line [as to it may appear proper, so that the
7same shall] to conform as nearly as possible to the boundary
8lines which may have been previously determined upon so long as
9the result is that each ward in the city is composed of compact
10and contiguous territory as nearly equal in population as
11practicable as officially and finally reported in the most
12recent Federal census, decennial or special.
13Section 21. The act is amended by adding a section to read:
14Section 409. Pennsylvania Election Code.--Nothing in this
15article shall be construed as affecting the powers and duties of
16the court of common pleas or the county board of elections and
17restrictions on alteration of election districts as provided in
18Article V of the act of June 3, 1937 (P.L.1333, No.320), known
19as the "Pennsylvania Election Code."
23ANNEXATION OF TERRITORY
24(a) Annexation of Boroughs, Townships and Parts
4(a) In the case of a borough, the borough council may pass
5an ordinance for such annexation, whenever three-fifths of the
6taxable inhabitants of such borough shall present a petition,
7accompanied with the written consent of a majority in number and
8interest of property owners of the borough, asking for such
10(b) In the case of a township, or part thereof, whenever
11three-fifths of the taxable inhabitants of such township or part
12thereof shall present a petition to the council of said city,
13accompanied with the written consent of a majority in number and
14interest of property owners of such township or part of a
15township, asking for such annexation.
16(c) In case of part of a township, when there are no taxable
17inhabitants residing therein, then whenever three-fifths of the
18property owners in number and interest of property situated
19therein shall present a petition to the council of said city
20asking for such annexation.
21In construing this section, a majority in interest of owners
22of undivided interests in any piece of property shall be deemed
23and treated as one person for the purpose of ascertaining the
24number of petitioners.]
25Section 24. Section 502 of the act is repealed:
26[Section 502. Advertisement; Plots.--Before any such
27petition is circulated or signed, notice thereof shall be given
28by advertisement once a week for four weeks in two newspapers
29published in or circulated throughout the territory to be
30annexed. Such notice shall state the purpose of the petition and
1the date it will be ready for signing. All such petitions shall
2be accompanied by a plot or plots of the territory to be
3annexed, showing all streets and highways, municipal or township
4improvements and public buildings.]
7[Section 503. Ordinance of City; Filing Copy Thereof.--Upon
8presentation to the council of such city of a certified copy of
9the ordinance in case of a borough, or of the petition in the
10case of a township or part thereof, together with the required
11plots in any case, the council of said city may, by ordinance,
12annex such borough, township, or part thereof to the said city.
13Certified copies of the borough and city ordinances and the
14petition and the plans shall be filed in the office of the clerk
15of the court of quarter sessions of the county or counties
16involved, and like copies shall be certified to the Department
17of Community Affairs of the Commonwealth. Nothing contained in
18subdivision (a) of this article shall be deemed to require any
19city to annex any borough, township or part of any such
21Section 26. Section 504 of the act is repealed:
22[Section 504. Conclusiveness of Ordinance; Referendum;
23Appeal.--Thirty days after the filing of the said annexation
24ordinance by the said city council, such ordinance and the
25action of the said city council shall be finally conclusive,
26unless an appeal therefrom is taken within the said thirty days,
27by petition to the court of quarter sessions of the county in
28which the city is located, or unless a referendum petition is
29filed as provided in this act.]
30Section 27. Section 505 of the act, repealed in part June 3,
11971 (P.L.118, No.6), is repealed:
2[Section 505. Hearing an Appeal; Notice; Appeal from Final
3Order.--Where an appeal is taken by any person aggrieved by such
4annexation ordinance of the city, the court shall fix a day for
5hearing the same. Notice shall be given to all parties
6interested in such manner as the court shall direct. From any
7such final order or decree, any party in interest, aggrieved by
8such order or decree, may have an appeal to the Supreme Court as
9in other cases. Upon final determination and approval of the
10annexation ordinance, the annexation shall take effect
14[Section 506. Petition for Annexation of Boroughs Having Ten
15Thousand or More Inhabitants.--Whenever electors, equal to at
16least ten per centum of the highest vote cast for any office in
17any borough having a population of ten thousand or more
18inhabitants contiguous to a city at the last preceding general
19election, or whenever ten per centum of the qualified electors,
20residing within any part of a borough having a population of ten
21thousand or more inhabitants contiguous to a city, shall
22petition the council of such city for the annexation of the
23borough, or part thereof, to the contiguous city, and for a
24referendum on the question of such annexation, the council shall
25cause a question to be submitted at the primary or general
26election occurring at least sixty days thereafter, by certifying
27a resolution, duly adopted, to the county board of elections of
28the county or counties in which any part of the city or borough
29is located, for submission of such question on the ballot or on
30voting machines at such election, both in such borough and in
3Such question shall be in the following form:
8If a majority of the persons voting on such question in the
9entire borough shall vote "yes," and a majority of the persons
10voting on such question in the city shall vote "yes," then the
11borough or part thereof, as the case may be, shall on the first
12Monday of January next following, be and become a part of the
14If a majority of the persons voting on the question in the
15borough or in the city shall vote "no," no further proceeding
16shall be had, and it shall not be lawful to hold another
17election upon the question until the second general or municipal
18election thereafter occurring.
19All petitions shall be accompanied by a plot or plots of the
20territory to be annexed, showing all streets and highways,
21municipal improvements and public buildings, and all petitions
22for the annexation of a part of a borough shall include a
23description of the part of the borough sought to be annexed.]
26[(b) Annexation of Outlying Lots in a Township
27Section 515. Annexation of Outlying Lots; Appointment of
28Viewers.--Upon application by petition to the court of quarter
29sessions signed by a majority or more of the taxable
30inhabitants, accompanied by the written consent of a majority of
1the property owners in number and interest of any outlots or
2sections of land in a township containing not more than one
3hundred acres of land contiguous to the city, and being part of
4the same county in which the city is situated, stating that they
5desire the same to be annexed to said city, the desirability
6therefor, and describing the lots or land to be annexed, with a
7map or draft of the same, which petition shall be sworn to by
8one or more of the petitioners, and accompanied by the petition
9of the council of the city praying for the annexation of such
10outlots or sections of land and containing a copy of the
11resolution of the council of said city approving the annexation,
12the said court shall thereupon appoint three viewers, who shall
13be nonresidents of the city or of the township whose territory
14is to be annexed, to inquire into and investigate the
15allegations and facts stated in the said petition.]
18[Section 516. Notice of View; Report; Decree.--Notice of the
19first hearing of the said viewers shall be given to the city,
20and to at least one of the petitioners as the court may direct.
21The said viewers, or a majority of them, shall make report to
22said court at its next session after their appointment. If they
23report that they find the statements and facts of said petition
24to be true, and recommend the annexation as prayed for, and if
25no appeal is taken within thirty days therefrom, the said court
26shall thereupon make an order or decree to carry the annexation
27into effect. The city clerk shall forward a certified copy of
28said decree to the Department of Community Affairs of the
30Section 31. Section 517 of the act, amended October 5, 1967
3[Section 517. Appeal; Hearing; Notice; Decree.--Within
4thirty days after filing of such report, any person aggrieved
5thereby may take an appeal, by petition to the court of quarter
6sessions, setting forth his complaint, and thereupon the court
7shall fix a day for hearing the same. Notice of such appeals
8shall be given to all parties interested by publication once in
9one newspaper, in accord with the provisions of section one
10hundred and nine of this act. After such hearing, the court
11shall decide whether the proceedings are in conformity with this
12act, and make an order or decree either dismissing the appeal
13and approving such annexation or sustaining the appeal and
14dismissing the annexation. When the court of quarter sessions
15makes an order to carry such annexation into effect, where no
16appeal is taken, and upon final determination and approval of
17the annexation ordinance, where an appeal has been taken, the
18said outlots or sections of land shall at once and thereafter be
19a part of said city as fully as if the same had been originally
20a part thereof. A certified copy of any final decree or order
21approving such annexation shall be forwarded by the city clerk
22to the Department of Community Affairs.]
25[Section 518. Compensation of Viewers.--The viewers herein
26provided for shall be allowed five dollars per day for each and
27every day actually spent by them in the performance of their
28duties, together with their actual necessary expenses. The costs
29of the proceedings in all cases shall be paid by the city.
30(c) Annexation of Part of a Borough
1Section 525. Petition for Annexation of Territory in a
2Borough; Ordinance of City.--Territory in a borough contiguous
3to a city or separated therefrom by a river or stream may be
4detached from the borough and annexed to the city in the
6A petition signed by owners of the land in the territory
7proposed to be detached and annexed, and described in the
8petition, shall be presented to the borough authorities, who, if
9they find that the petition is signed by either a majority of
10freehold owners or by the owners of two-thirds of the area of
11the territory described, and that the assessed valuation of the
12territory described is not in excess of five per centum of the
13assessed valuation of the borough, may, by ordinance, detach the
14described territory, subject to the acceptance of the detached
15portion by the city of the third class, and upon notice from the
16council of the borough that it has ordained the detachment of
17the described territory of the borough for the purpose of having
18it annexed to the city, the city may, by ordinance, annex the
19portion of the borough so proposed to be detached.]
22[Section 526. Filing of Plans.--Upon such annexation by
23ordinance, a plan of the territory annexed shall be filed by the
24city council in the office of the county commissioners and with
25the clerk of the court of quarter sessions and thereupon the
26detachment and annexation shall be effective: Provided, however,
27That if there be no delay through litigation or causes beyond
28the control of the councils, the plan shall be filed, as herein
29required, within thirty days after the passage of the annexation
30ordinance by the city council, and, if the proceedings are not
6[(d) Indebtedness and Public Property when Borough or
7Township is Annexed
8Section 535. Apportionment of Indebtedness of Borough or
9Township; Taxes to be Uniform.--All the indebtedness of each
10borough or township annexed to a contiguous city under the
11provisions of this act, as well as the indebtedness of the city
12to which the same is annexed, shall be paid by the city as
13enlarged by such annexation; and all territory included within
14the limits of the same shall be liable for the payment of the
15floating and bonded indebtedness, and the interest thereon, of
16all the territory included within such enlarged city; and all
17taxes thereafter levied therefor shall be uniform throughout the
18territorial limits of such enlarged city.
19Section 536. Property of Annexed Territory to Become
20Property of City.--All of the public property owned by any such
21borough or township annexed to any city shall become and remain
22the public property of the said city.
23(e) Apportionment of Indebtedness when Part of a Township
24or Outlying Lots are Annexed]
27[Section 540. Adjustment of Indebtedness when Part of
28Township is Annexed.--Where any part of any township or outlying
29lots thereof are annexed to any city, the township officers of
30that part of the said township not annexed, and the city council
1of the said city, shall make a just and proper adjustment and
2apportionment of all public property owned by the said township
3at the time of said annexation, both real and personal,
4including funds as well as indebtedness, if any, to and between
5the said township and the city. In making such adjustment and
6apportionment of the property and indebtedness, the township and
7the city shall be entitled respectively to share in a division
8of the property and indebtedness in the proportion that the
9assessed valuation of the land remaining in the township bears
10to the assessed valuation of the land annexed: Provided,
11however, That where indebtedness was incurred by the township
12for an improvement located wholly within the annexed part of the
13township, the whole of such indebtedness shall be assumed by the
14city, and where any part of any such improvement is located
15within the annexed part of the township, the part of such
16indebtedness representing the part of the improvement located
17within the territory annexed, shall be assumed by the city, and
18the adjustment and apportionment of any remaining debt, and the
19public property of the township shall be made as above provided.
20The adjustment and apportionment as made shall be reduced to
21writing, and duly executed and acknowledged by the proper
22officials, and filed in the office of the clerk of the court of
23quarter sessions of the county in which said city is located. A
24copy of such adjustment and apportionment shall be forwarded by
25the city clerk to the Department of Community Affairs of the
1township's authorities cannot make such amicable apportionment
2and adjustment of their property and indebtedness within six
3months after any such annexation, then, in that case, the said
4council or any officer of said township may present a petition
5to the court of quarter sessions of the county in which the said
6city is located. Whereupon the said court shall appoint three
7disinterested commissioners, residents and taxpayers of said
8county not residing in the said city nor in the said township,
9who, after hearing, due notice of which shall be given to the
10city and township interested by publication once in one or more
11newspapers, at least twenty days before said hearing, in accord
12with the provisions of section one hundred and nine of this act,
13shall make report to the court, making an apportionment and
14adjustment according to the provisions of this act of all the
15property as well as indebtedness, if any, to and between the
16said city and the said township, said report to state the
17amount, if any, that shall be due and payable from the city to
18the township, or from the township to the city, as well as the
19amount of indebtedness, if any, that shall be assumed by the
20city or township, or both of them.
21Section 542. Notice of Filing of Report; Exceptions;
22Confirmation.--The commissioners shall give the city and the
23township at least five days' notice of the filing of their
24report. Unless exceptions are filed thereto by the city or by
25the township within thirty days after filing thereof, the same
26shall be confirmed by the court absolutely. Any sum awarded by
27the report to the city or to the township shall be a legal and
28valid claim in its favor against the city or township charged
29therewith, and the amount of debt, if any, apportioned to any
30city or township shall be a legal and valid claim against such
1city or township charged therewith. Any property, real or
2personal, given and adjudged to the city or the township shall
3become and be the property of the city or the township to
4whichever one the same is given and adjudged. Upon such report
5being confirmed, such claim or indebtedness charged against any
6city or township may be collected in the same manner as a
7judgment is collected against any city or township.
8Section 543. Compensation of Commissioners; Costs.--The
9commissioners shall be allowed five dollars per day for each day
10actually spent by them in the performance of their duties,
11together with their actual necessary expenses. All costs and
12expenses of such proceedings shall be apportioned by the court
13to and between the said city and the said township as it shall
17[Section 544. Disposition of Exceptions; Appeal.--In case
18exceptions are filed to the report of the commissioners, the
19court shall dispose of the same, taking testimony if deemed
20advisable, and the decision of the court thereon shall be final
21and binding on the several cities and townships, unless an
22appeal is taken.]
26[Section 545. Jurisdiction when Territory is in Two or More
27Counties.--In cases where a city or township is situated in two
28or more counties, the court of quarter sessions of the county in
29which the city is located shall have exclusive jurisdiction over
30the matter, but the same shall be heard by a judge, not a
1resident of either of the judicial districts affected, who shall
2be called to preside specially in the matter, and, in such
3cases, the court shall appoint the commissioners hereinbefore
4provided for from both or from three of such counties.
5(f) Apportionment of Indebtedness when Part of a
6Borough is Annexed
7Section 550. Apportionment of Indebtedness; Decree of
8Court.--The court of quarter sessions having jurisdiction of the
9city, in cases where any part of a borough is annexed to a city,
10upon a petition of the borough or city, may hear evidence and
11consider the indebtedness and assessed valuation of the borough
12and the city and the assessed valuation of the territory
13annexed, and may enter a decree making such adjustment of the
14indebtedness and the manner and time of the payment thereof as
15to the court may seem meet and proper.
16Section 551. Collection of Taxes Assessed Prior to
17Annexation.--Any taxes assessed prior to the going into effect
18of the proceedings shall be paid to the borough, and the
19collection and enforcement thereof shall be as though the land
20had not been detached.
24[Section 560. Distribution of Annexed Territory Among Wards;
25New Wards; Ward Officers.--Within thirty days from the effective
26date of any annexation, the city council shall cause a petition
27to be presented to the court of quarter sessions of the county
28in which the said city is located, praying for the distribution
29of the annexed territory among the wards of the said city, or
30for the creation of a new ward or wards out of the same, and to
1make such order or decree as may be necessary to constitute such
2ward or wards an election district or election districts, or add
3to or create new election districts in a ward or wards to which
4such territory is attached, and the said court shall, in case of
5the creation of a new ward or wards, appoint the election and
6other officers of the same, and name the place or places of
7holding the first election in the said ward or wards for ward
8officers, and, for that purpose, may order a special election,
9if said court shall deem the same necessary, to be conducted in
10the manner provided by the Pennsylvania Election Code. The
11officers elected at such special election shall hold their
12respective offices until their successors, elected at the next
13succeeding municipal election, shall be duly qualified. Any
14decree of court creating a new ward or wards shall be entered in
15full upon the records of said court and certified copies
16thereof, under the seal of the court, shall be delivered by the
17clerk of said court to and be filed by the city clerk of the
18city and the secretary of the school district in which said ward
19or wards become located. The clerk of the court of quarter
20sessions shall likewise certify copies thereof to the Secretary
21of the Commonwealth and to the Department of Community Affairs.]
24[(h) Annexation of Property Owned by a City]
30A bill may be introduced in council to annex said land,
1setting forth a description of the territory to be annexed and
2the courses and distances of the boundaries of such territory.
3If said bill becomes an ordinance by action of council, a copy
4thereof shall be certified to the Department of Community
8[Section 562. Upon such annexation by ordinance, a plan of
9the territory annexed shall be filed by the city council in the
10office of the county commissioners and with the clerk of the
11court of quarter sessions, and thereupon the annexation shall
13The annexation proceedings authorized by these sections are
14in addition to, and not in substitution of, proceedings
15otherwise provided by law for annexation of territory, and may
16be followed without reference to or compliance with such other
21[(i) Terms and Salaries of Officials and Employes
22of Annexed Territory
23Section 570. Annexation Officials and Employes.--In case of
24annexation, all salaried public officials of territory annexed
25who have theretofore been elected for a definite term shall
26continue to receive during the term for which they were elected
27the same salaries as they would have received except for such
28annexation, and it shall be the duty of the mayor of such city
29to assign to such public officials the performance of such
30suitable services and duties as will be in the public interest
1of the city and particularly of the annexed portion thereof. In
2case of nonelective employes of such annexed borough or
3township, they shall, so far as practicable, be employed at
4corresponding duties by the city in accordance with rules and
5regulations to be established by city ordinance. Tax collectors
6holding office at the date of annexation shall continue to
7perform the duties and receive the emoluments of office for the
8full term for which they were elected, but upon the expiration
9of such term, the office shall be abolished within such
10territory and the duties thereof shall be merged with that of
11the collector of taxes of such city of the third class.
13Section 580. Annexation Ordinances.--In case of annexation,
14all ordinances governing the annexed territory shall remain in
15full force and effect over the annexed territory until
16appropriate ordinances are passed by the Council of the city of
17the third class integrating ordinances of the annexed territory
18with those of the city of the third class.]
25Section 601. Navigable Stream Boundaries.--Whenever any city
26is bounded by the nearest margin of a navigable stream, and an
27opposite [township, borough, or city] municipal corporation is
28also bounded by the nearest margin of the same stream, the
29boundaries of [such] the city shall extend to the center line of
30the stream. Nothing contained in this section shall be construed
1to repeal any local or special law providing otherwise.
2Section 602. Court to Establish Disputed Boundaries.--[The
3court of quarter sessions, upon petition of any interested
4political subdivision] (a) In any case in which a city or any
5municipal corporation contiguous to the city disputes the
6boundary between them, the court of common pleas, upon petition
7of the city or the contiguous municipal corporation, may
8ascertain and establish the disputed [boundaries between any
9such parties. Whenever the] boundary.
10(b) In any dispute [involves] involving the boundaries of
11counties, the provisions of [the County Code shall apply to that
12extent.] this article shall not supersede the application of the
13relevant provisions of the act of August 9, 1955 (P.L.323,
14No.130), known as "The County Code," and the act of July 28,
151953 (P.L.723, No.230), known as the "Second Class County Code,"
16or any other law applicable to the fixing of county boundaries.
17Section 603. Petition to Court; Commissioners; Report.--Upon
18[such] petition in accordance with section 602(a), the court
19shall appoint [as] three impartial commissioners [three
20impartial qualified electors], who shall have authority to
21employ a professional engineer or surveyor. After giving notice
22to interested parties [affected] by publication once in at least
23one newspaper of general circulation, in conformity with section
24[one hundred and nine of this act, they shall view the disputed
25boundaries] 109, or as directed by the court, the commissioners
26shall hold a hearing and view the disputed boundaries. A
27majority of the commissioners shall make [a prompt] its report
28and recommendations to the court, [which report shall be]
29accompanied [with] by a plot or draft of the lines and
30boundaries proposed [boundary, if the same cannot be fully
1described] to be ascertained and established if they cannot be
2fully designated by natural lines[. The] or boundaries. Upon the
3filing of the report, it shall be confirmed nisi, and the court
4[shall] may make [such] further order [thereupon as to] as it
5shall [seem] deem just and reasonable.
6Section 604. [Reviews;] Exceptions and [Issues.--Any person
7affected may petition the court for a review, or may except to
8the report of the commissioners. When matters of fact are in
9dispute, the court may frame an issue and certify the same for
10trial to the court of common pleas.] Procedure.--Exceptions to
11the report may be filed by any interested person or municipal
12corporation within thirty days after the filing of the report,
13and the court shall set a day for the hearing of the exception.
14Notice of the hearing shall be given as the court may direct.
15After hearing, the court may sustain the exceptions or dismiss
16them and confirm the report or refer the report back to the same
17or new commissioners with authority to make another report. If
18no exceptions are filed within thirty days after the filing of
19the report, the court shall confirm the report absolutely. When
20any report is confirmed absolutely, the court shall enter a
21decree establishing the lines and boundaries as shown in the
23Section 605. Pay and Expenses of Commissioners.--The
24commissioners shall each receive [five dollars per day, for each
25day necessarily employed in the performance of their duties, as
26well as mileage at the rate of ten cents per mile for each mile
27necessarily traveled, and reasonable expenses incurred for
28surveying] reasonable compensation as established by the court
29and reasonable expenses incurred for surveying services, to be
30paid equally by the [political subdivisions interested] city and
1any interested municipal corporation.
2Section 606. Boundary Monuments.--[Whenever a boundary is
3established pursuant to the preceding sections of] If a
4boundary, ascertained and established pursuant to this article,
5[the court shall cause such part of the same as] cannot be fully
6described by natural lines, the court shall cause it to be
7marked with permanent monuments, placed at intervals not
8exceeding fifteen hundred feet[,] and at the end of any course[,
9and the]. The expense of placing [the said] these monuments,
10[when] as approved by the court, shall be borne equally by the
11[political subdivisions interested, and the court shall compel
12payment of the same according to law] city and any interested
17ELECTED OFFICERS AND ELECTIONS
20Section 701. Elected Officers; Term; Eligible to Reelection;
21Vacancies Where Elected Officer Fails to Qualify.--[The] (a)
22(1) Except as provided in subsection (c), the elected officers
23of each city shall be a mayor, four [councilmen] council
24members, a controller, and a treasurer.
25(2) Except as provided in section [seven hundred and two of
26this act] 702 with respect to the first election of members of
27council, each [of such officers] elected officer shall serve for
28a term of four years from the first Monday of January next
29succeeding [his] the officer's election[,] until the first
30Monday of January in the fourth year thereafter.
1(3) Any such officer shall be eligible to reelection.
2(b) Any person elected to a city office who fails to qualify
3[within thirty days after the first Monday of January following
4his election] in accordance with the provisions of sections 904
5and 905 and, as applicable, section 1001, 1201, 1401 or 1701,
6shall be ineligible to qualify thereafter. A vacancy shall then
7exist in the [said] office and a person shall be appointed to
8fill [said] the vacancy in the manner provided by this act.
9(c) In accordance with this subsection, two additional
10council members may be elected to form a seven-member council
11comprised of six council members and the mayor, or a city that
12has opted for a seven-member council may reestablish a five-
13member council comprised of four council members and the mayor,
14in accordance with the following:
15(1) Upon petition of at least five per centum of the
16registered voters of the city or pursuant to a resolution of
17council, and after approval by a majority of those voting at the
18next municipal or general election, there shall be elected two
19additional council members, so that the council shall be
20comprised of six council members and the mayor.
21(2) The referendum petition or resolution of the council
22certified by the city clerk shall be filed with the county board
23of elections not later than the thirteenth Tuesday before the
24next municipal or general election. The county board of
25elections shall place the question before the electors as
26provided by the Pennsylvania Election Code. The form of the
27question shall be as follows:
9(i) At the first municipal election following approval at a
10general election of the question providing for the election of
11two additional council members, one of the additional council
12members shall be elected for a term of four years and one for a
13term of two years, each to serve from the first Monday of
14January after the election.
15(ii) At the first general election following approval at a
16municipal election of the question providing for the election of
17two additional council members, one of the additional council
18members shall be elected for a term of three years and one for a
19term of one year, each to serve from the first Monday of January
20after the election.
24(5.1) In cities divided into wards, the two new council
25members elected in accordance with clause (5) shall represent
26the city at large. No sooner than four years after the election
27adding two additional council members, the city may change the
28representation of either or both of the two additional seats
29from at-large to ward representation in accordance with Article
30IV or any other law.
1(6) In cities in which the electorate has opted for a seven-
2member council, comprised of six council members and the mayor,
3the city shall return to a five-member council, including the
4mayor, upon petition of at least five per centum of the
5registered voters of the city or pursuant to a resolution of the
6council, and after approval by a majority of electors voting at
7the next municipal or general election. The referendum petition
8or resolution shall be filed with the county board of elections
9not later than the thirteenth Tuesday before the next municipal
10or general election. The county board of elections shall place
11the question before the electors as provided under the
12Pennsylvania Election Code. The form of the question shall be as
17(7) The county board of elections shall tabulate and publish
18in a newspaper of general circulation the results of the
19referendum within thirty days of the election. In no event shall
20the question of reducing the seven-member council be voted on
21more than once in any five-year period.
22(8) At the first municipal election following approval of
23the question providing for the return to a five-member council,
24to be comprised of four council members and the mayor, four
25council members shall be elected to serve from the first Monday
26of January after the election, when the terms of the six council
27members serving on the seven-member council shall cease. The
28four candidates receiving the highest number of votes for the
29office of council member shall be elected. The two candidates
30receiving the first and second highest number of votes shall
1serve for a term of four years. The two candidates receiving the
2third and fourth highest number of votes shall serve for a term
3of two years. After that time, council members shall be elected
4as provided in subsection (a).
5Section 702. First Elections in Newly Created Cities.--(a)
6At the first municipal election occurring at least ninety days
7after the date of the letters patent issued by the Governor
8incorporating [and] the city, the [qualified electors of such]
9registered voters of the city shall elect [a mayor, a treasurer,
10and a controller] city officials as set forth in section 701(a)
11(1). [At such election, the electors of such city shall also
12elect four councilmen.]
13(b) The two candidates for [such office] council receiving
14respectively the highest number of votes at [such] the election
15shall serve for a term of four years from the first Monday of
16January next succeeding their election until the first Monday of
17January in the fourth year thereafter[, and the two candidates
18at such election].
19(c) The two candidates for council receiving the next
20highest number of votes shall serve for a term of two years from
21the first Monday of January next succeeding their election until
22the first Monday of January in the second year thereafter.
23Section 703. Nominations and Elections.--All matters
24relating to nominations of candidates and election of city
25officers shall be governed by the applicable provisions of the
26Pennsylvania Election Code.
27Section 704. Certificates of Election.--[Whenever an
28election shall have been held for city officers, for regular
29terms of service] Upon the election of city officers in
30accordance with this article, it shall be the duty of the
1[officer-elect to procure from the] county board of elections to
2issue, and of the officer-elect to procure, a certificate of
3election [as issued by the board, according to law, and to lay
4the same before]. The officer-elect shall present the
5certificate of election to council on the date and time fixed by
6law for [their] its organization[; and the said]. The
7certificate shall be filed among the city archives, and its
8presentation shall be noted in the minutes.
12VACANCIES IN OFFICE
15Section 801. Vacancies in Council and Office of Mayor.--[If
16a vacancy exists in the city council, whether as to the office
17of mayor or one or more of the other members of council, the
18city council shall, by a majority of its remaining members, fill
19such vacancy, within thirty days thereafter, by electing a
20qualified person to serve until that first Monday of January
21when his successor who shall have been elected by the qualified
22electors at the next municipal election, occurring at least
23thirty days after such vacancy exists, is duly sworn into office
24for the remainder of the term of the person originally elected
25to said office.
26In case vacancies should exist whereby the offices of three
27or four of the five members of the city council become vacant,
28the remaining one or two members shall fill such vacancies, one
29at a time, giving each new appointee such reasonable notice of
30his appointment as will enable him to meet and act with the then
1qualified member or members of the city council in making
2further appointments until three members of city council have
3been qualified, whereupon the said three members shall fill the
4remaining vacancies at a meeting attended by the said three
5members of said city council, such appointees to receive a
6majority of the votes of the said three members present at any
7such meeting. The person or persons selected to fill such
8vacancy or vacancies shall hold their offices as herein
10If, by reason of a tie vote, or otherwise, such vacancy shall
11not have been filled by the remaining members of city council
12within the time as limited herein, the court of common pleas,
13upon the petition of ten or more qualified electors shall fill
14such vacancy by the appointment of a qualified person, for the
15portion of the unexpired term as above provided.
16If at any time vacancies should occur or exist in the
17membership of all five members of city council, the court of
18common pleas shall appoint a city council, including a mayor, of
19persons properly qualified, who shall serve as herein provided.]
20(a) Within thirty days of a vacancy in the office of mayor or
21other member of city council, or if an elected mayor or council
22member has failed to qualify pursuant to section 701 prior to
23taking office, the council shall, by a majority of its remaining
24members, appoint a qualified person to fill the vacant office.
25(b) If council does not fill a vacancy within thirty days in
26accordance with subsection (a), or if vacancies should exist in
27the offices of a majority or more of the members of the city
28council, including the position of mayor, the president judge of
29the court of common pleas having jurisdiction within the city
30shall fill the vacancy or vacancies upon either the petition of
10(d) If necessary to fill the unexpired term of the person
11originally elected to an office that has become vacant, a person
12shall be elected at the municipal election referred to in
13subsection (c) to serve from the first Monday of January after
14that election for the remainder of the unexpired term.
17Section 802. Vacancy in Office of Controller or of
18Treasurer.--[If a vacancy occurs in the office of city
19controller or in the office of city treasurer, the city council
20shall fill such vacancy, within thirty days thereafter, by
21choosing a city controller or a city treasurer, as the case may
22be, to serve until his successor is elected by the qualified
23electors at the next municipal election, occurring at least two
24hundred days after such vacancy occurs, and is duly sworn into
25office. The person so elected shall serve for the remainder of
26the term of the person originally elected to such office.
27If by reason of a tie vote or otherwise, such vacancy shall
28not have been filled by the members of city council within the
29time as limited herein, the court of common pleas upon the
30petition of ten or more qualified electors shall fill such
1vacancy by the appointment of a qualified person for the portion
2of the unexpired term as above provided.] (a) Within thirty
3days after a vacancy occurs in the office of city controller or
4in the office of city treasurer, or if an elected city
5controller or city treasurer has failed to qualify pursuant to
6section 701 prior to taking office, the council shall appoint a
7qualified person to fill the vacant office.
8(b) If council does not fill a vacancy within thirty days in
9accordance with subsection (a), the president judge of the court
10of common pleas having jurisdiction within the city shall fill
11the vacancy upon the petition of ten or more registered voters
12of the city.
20(d) If necessary to fill the unexpired term of the
21controller or treasurer whose office has become vacant, a person
22shall be elected at the municipal election referred to in
23subsection (c) to serve from the first Monday of January after
24that election for the remainder of the unexpired term.
25(e) In any case in which a person is elected or appointed to
26fill an office for which a bond is required and if, within
27fourteen days of the date that person is scheduled to take the
28oath of office at the organizational meeting of council, the
29person fails to post a bond, the office shall be deemed to be
30vacant and the resulting vacancy shall be filled in the manner
1provided by this act.
5GENERAL PROVISIONS RELATING TO CITY
6OFFICERS AND EMPLOYES
9Section 901. Appointment and Removal of Officers and
10Employes; Removal from Elective Office; Employes Not to Hold
11Elective Office.--(a) Council shall have the power of
12appointment and dismissal of all city officers and employes,
13other than elected officers, and shall provide for the removal
14of officers of the city whose offices are established by
15ordinance, except where otherwise provided by this act.
21(i) by impeachment;
26(2) Provisions of this act or other provisions of law
27requiring a forfeiture of office upon the conviction of a crime
28shall apply only if the court determines that the conviction is
29for misbehavior in office or for an infamous crime.
30(3) Nothing in this section shall prevent title to elected
13Section 902. Officers and Employes; Number; Duties;
14Compensation.--[Council shall] (a) Except as otherwise provided
15by this act, council may prescribe, by ordinance, the number,
16duties, and compensation of the officers and employes of the
17city. [No payment of such compensation shall be made from the
18city treasury or be in any way authorized, to any person except
19an officer or employe elected or appointed in pursuance of law.
20No ordinance shall be passed giving any extra compensation to
21any officer, servant, employe or contractor, without previous
22authority of law.]
30(c) Any officer drawing or countersigning any [warrant]
1document authorizing payment, or passing or paying any voucher
2contrary to this section, [shall be guilty of] commits a
3misdemeanor[,] and shall, upon conviction [thereof, shall
4forfeit his office], be subject to forfeiting office in
5accordance with section 901(b)(2) and [be] sentenced to pay a
6fine not exceeding five thousand dollars, or to undergo
7imprisonment not exceeding one year, or both, at the discretion
8of the court.
9Section 903. [Salaries of Officers not to be Increased After
10Election] Changes in Salary, Compensation and Emoluments of
11Officers.--(a) No city shall increase or diminish the salary,
12compensation, or emoluments of any elected officer after [his]
13the officer's election. Any change in salary, compensation or
14emoluments of the elected office shall become effective at the
15beginning of the next term of the member of council or other
19Section 904. Offices to be Held until Qualification of
20Successors.--Any officer of any city, who has been elected or
21appointed and has qualified, shall hold [said] office until
22[his] the officer's successor is elected or appointed and [duly
23qualifies.] takes the oath of office, provides any necessary
24bond and takes any other necessary actions required by law to
25qualify to assume office. Should any elected official fail to
26appear at the organizational meeting of the city council to
27demonstrate the official's qualifications for office and to take
28the oath of office, the official shall fully qualify for office
29and shall take the oath of office within fourteen days of the
30date of the organizational meeting of the council or the office
1of that elected official shall be deemed to be vacant and the
2vacancy shall be filled in the manner provided by this act. When
3the terms of office of more than one council at-large member
4expire, and more than one seated council member are to be
5replaced as the result of an election, and only one of the newly
6elected council members fails to qualify to assume office, those
7members whose terms have expired and who are to be replaced
8shall draw lots to determine which of them shall continue to
9serve on council until the member's successor duly qualifies for
10and takes the oath of office. No person continuing to hold
11office pursuant to this section after the first Monday of
12January which would have marked the end of the person's term
13shall participate in the deliberations concerning or in any vote
14appointing the person's successor.
15Section 905. Oath of Office; Violation of Oath; Penalty.--
16(a) All officers of the city, whether elected or appointed,
17shall, before entering upon their respective duties, take and
18subscribe [the oath prescribed by section 1 of article VII of
19the Constitution of this Commonwealth. Any person refusing to
20take such oath shall forfeit his office. Any person guilty of a
21violation of his oath shall be guilty of a misdemeanor, and,
22upon conviction, shall forfeit his office, and be sentenced to
23pay a fine not exceeding one thousand dollars, or to undergo an
24imprisonment not exceeding one year, or both, at the discretion
25of the court.] an oath or affirmation of office pursuant to 53
26Pa.C.S. § 1141 (relating to form of oaths of office).
27(b) Any person refusing to take the oath shall be deemed not
28to have met the qualifications to hold office. Any person who
29violates the person's oath commits a misdemeanor and shall, upon
30conviction, be sentenced to pay a fine not exceeding one
4Section 906. Bond to be Given by Officers and Agents.--
5[Council] In addition to the requirements for bonding that may
6be imposed by this act or any other law, council may require
7from all officers and agents of the city, elected or appointed,
8lawful bonds with corporate sureties for the faithful
9performance of their duties. No officer or agent required by law
10or ordinance to give bond, as aforesaid, shall be sworn into
11office or enter upon the duties thereof until such bond shall
12have been duly approved by the proper authority.
13Section 907. Surety Bonds; [Premiums.--When any officer or
14employe of any city is required to give a bond for the faithful
15performance of this duties, such bond shall be endorsed by a
16surety company, and the city shall pay the premium on such bond.
17The bonds of city officers and employes hereafter given shall be
18with corporate sureties and not with individual or personal
19sureties.] Insurance; Premiums.--(a) Unless otherwise provided
20by this act or any other provision of law, the following shall
21apply when any elected or appointed officer or employe of any
22city is required to give a bond:
1(4) The city shall pay the premium on the bond, unless all
2or a portion of the premium on the bond is to be paid by the
3Commonwealth or political subdivisions other than the city, or
4unless provisions are otherwise made in law for payment of the
5premium on the bond, in which case the city shall pay the unpaid
6portion of the premium.
7(5) The bond shall be approved by the city solicitor.
11(b) Except as may be otherwise provided in section 1402,
12when any elected or appointed officer or employe of any city is
13required to give a bond for the faithful performance of the
14officer's or employe's duties, council may, in lieu of the bond,
15purchase one or more blanket bonds for elected or appointed
16officers or employes or it may purchase insurance provided that
17the insurance covers the same events of loss and insures the
18city against the same misconduct as the bond in compliance with
20(c) In addition to any bond required by this act for the
21faithful performance of official duties by any elected or
22appointed officer or employe of any city or any insurance in
23lieu of the bond, council may require city officers or employes
24who as part of their official duties handle money or have money
25in their possession at any time to be covered by adequate
26insurance which provides the types of protection against loss as
27may be designated by council, which may include, but need not be
28limited to, protection against loss through robbery, burglary or
29larceny. The cost of the insurance shall be paid by the city and
30the amount of the insurance shall be fixed by council.
1Section 908. Officers not to Become Surety on Bonds Given to
2City; Penalty.--No member of the council, or any other city
3officer, shall become surety [in] on any bond or obligation
4given to the city by any agent or contractor[,] for the faithful
5performance of any trust, agency, or contract. Any person
6violating any of the provisions of this section [shall be guilty
7of] commits a misdemeanor[,] and shall, upon conviction, [shall
8forfeit his] be subject to forfeiting office in accordance with
9section 901 and [be] sentenced to pay a fine not exceeding one
11Section 909. Moneys and Accounts to be Delivered by Officer
12to Successor.--Every officer of the city receiving or having in
13[his] the officer's possession any money, accounts, property,
14documents or effects belonging to the city shall, upon
15termination of [his] office, deliver the same to the city or to
16[his] the officer's qualified successor. Any person violating
17the provisions of this section shall[, upon summary conviction
18thereof before an alderman or justice of the peace, be sentenced
19to pay a fine of not less than one hundred dollars or more than
20three hundred dollars, and, in default of payment, undergo
21imprisonment not exceeding ninety days. Such failure to deliver
22shall, for each day thereof, be a separate and distinct
23offense.] be subject to prosecution in accordance with the
24applicable provisions of 18 Pa.C.S. (relating to crimes and
25offenses). Nothing set forth in this section may limit any other
26remedies at law or at equity available to the city.
1employe, who shall solicit, demand, or receive, or consent to
2receive, directly or indirectly, for himself or for another,
3from any company, corporation, or persons, any moneys, office,
4appointment, employment, testimonial, reward, thing of value or
5enjoyment or of personal advantage, or promise thereof, for his
6vote or official influence, or for withholding the same, or with
7an understanding, expressed or implied, that his vote or
8official action shall be in any way influenced thereby, or who
9shall solicit or demand such money or other advantage, matter,
10or thing, aforesaid, for another, as the consideration of his
11vote or official influence, or for withholding the same, or who
12shall give or withhold his vote or influence in consideration of
13the payment or promise of such money, advantage, or thing to
14another, shall be guilty of bribery, a felony, and, upon
15conviction thereof, shall be sentenced to pay a fine not
16exceeding ten thousand dollars, and to undergo imprisonment for
17a period not exceeding five years, and shall be forever
18incapable of holding any place of profit or trust in this
20Section 911. Bribery of Officers or Employes; Penalty.--Any
21person who shall, directly or indirectly, offer, give, or
22promise any money or anything of value, testimonial, privilege,
23or personal advantage to any member of council or other city
24officer or employe, to influence him in the performance or
25nonperformance of any of his public or official duties, shall be
26guilty of bribery, and, upon conviction thereof, shall be
27sentenced to pay a fine not exceeding ten thousand dollars, and
28to undergo imprisonment for a period not exceeding five years,
29and shall be forever incapable of holding any place of profit or
30trust in this Commonwealth.
1Section 912. City Property not to be Used by Officers for
2Gain; Penalty.--No portion of the property of the city shall be
3used for private gain by any officer of the city, councilman,
4agent or employe of said city, or any department thereof; nor
5shall the same be wilfully used or injured, or be sold or
6disposed of in any manner by any officer, councilman, agent or
7employe, without the consent of the council. Any person
8violating any of the provisions of this section shall be guilty
9of a misdemeanor, and, upon conviction, shall be sentenced to
10pay a fine not exceeding five hundred dollars, or to undergo
11imprisonment not exceeding one year, or both, at the discretion
12of the court. Upon such conviction, the party offending shall be
13forthwith removed from his office or employment, and shall not
14thereafter be eligible to election or appointment to any place
15of profit or trust under said city, or any department thereof.
16Section 913. City not to Engage in Private Construction.--No
17official, officer, agent or employe of any city or of any
18department, office, institution or agency thereof, shall dispose
19of, or authorize or permit the disposal of, any services,
20materials, supplies or labor belonging to, or paid or contracted
21for by, the city or any of its departments, offices,
22institutions or agencies, in any building, installing, laying or
23other work of construction of any manner of thing, whether
24gratuitously or for a consideration, for private rather than
25public benefit, within or without the city's boundaries, unless
26such disposal is expressly or by necessary implication
27authorized or required by law. This section is intended to
28prohibit encroachment of officials, officers, agents or employes
29of a city upon the markets of legitimate private enterprise
30engaged in all types of construction work. Any official,
1officer, agent or employe of a city or any department, office,
2institution or agency thereof, violating the provisions of this
3section, shall, upon summary conviction thereof, forfeit and pay
4to the city a fine of not less than one hundred nor more than
5three hundred dollars for each such offense, or in default
6thereof undergo imprisonment for not more than ninety days; and
7each day's violation shall constitute a separate and distinct
9Section 914. Warrants or Claims not to be Purchased by
10Officers; Penalty.--No member of the council or other officer of
11such city, shall purchase any warrant, order, or claim for labor
12or supplies furnished to said city, nor be interested, directly
13or indirectly, in the purchase of the same for any sum less than
14the amount specified therein. Any such person violating any of
15the provisions of this section shall be guilty of a misdemeanor,
16and, upon conviction thereof, shall forfeit his office and be
17sentenced to pay a fine not exceeding one hundred dollars.
18Section 915. Imposition of Penalties.--Whenever any offense
19punishable under this article IX shall also be punishable under
20the Penal Code of 1939, the penalties imposed, other than
21forfeiture of office or right to hold office, shall be only
22those prescribed by said Penal Code.]
25Section 916. [City Leagues] Pennsylvania Municipal League
26and Other Municipal Affairs Organizations.--Any city may unite
27with other cities, or with the cities of two or more classes, or
28with any other municipalities, and may form and organize
29[leagues] a league of said cities[,] and municipalities and hold
30annual conventions for the study and consideration of such
1municipal affairs as concern and pertain to the cities and
2municipalities comprising the league. [Each] A city that is a
3member of [a] the league may send delegates thereto and pay the
4necessary expenses incident to their attending [said] the annual
5convention, [and] pay dues to the league, appropriate moneys to
6join and participate in any of the various business and training
7programs of the league designed to address municipal needs in a
8cost-efficient manner and provide a fund for the necessary costs
9and expenses of the league and league conventions and the work
10carried on by [said] the league. Each delegate shall submit to
11the city controller for approval an itemized account of [his]
12the delegate's expenses to be paid [him] under the authority of
13this section. Council is hereby authorized to appropriate
14[monies] moneys for like support of and participation in other
15organizations at the national and State level concerned with
17Section 55. Section 917 of the act is amended to read:
18Section 917. Powers of Subpoena; Compelling Testimony.--[In
19any case where an official or officer of the city or any agency
20thereof created or authorized by this act is specifically
21empowered to conduct hearings and investigations, such officer,
22official or agency] (a) This section applies to any of the
23following that are specifically empowered to conduct hearings
25(1) an officer or official of the city; or
5(c) In the case of [any] a city agency, [such] the subpoenas
6shall [issue] be issued in the name of the city and of the
7agency upon the signature of the presiding officer [thereof] of
8the city and the official seal, if any, of the agency. [Any
9person refusing to obey the orders of any such subpoena shall,
10upon summary conviction thereof before an alderman of the city,
11be fined not less than ten nor more than three hundred dollars,
12and in default of payment thereof shall be imprisoned for a
13period not in excess of thirty days. All such fines shall be
14paid to the city treasurer for the use of the city.]
15(d) Subpoenas shall be served by any adult person as
16directed by the city or city agency, in accordance with the
17rules of civil procedure, and return of service shall be filed
18in accordance with law and applicable rules of court.
19(e) Subpoenas issued by any officer or official of the city
20or any city agency shall be enforced in the same manner, and
21violations of a subpoena shall be subject to the same penalties
22as provided by general law for subpoenas of the courts of common
23pleas of the Commonwealth.
26Section 918. Consolidation or Integration of Fire and Police
27Personnel Prohibited.--No city shall consolidate, integrate or
28in any manner reorganize the paid members of the fire [bureau]
29force and the paid members of the police [bureau] force into one
30bureau or organization.
5(a) General Provisions
8Section 1001. Qualifications of [Councilmen.--The
9councilmen] Council Members.--(a) The council members shall be
10at least [twenty-one] eighteen years of age[,] and shall be
11elected by the electors at large[. They shall have been
12residents of the city wherein they shall be elected throughout
13one year next before their election, and shall reside therein
14throughout their terms of service.], subject to the creation of
15wards pursuant to Article IV.
16(b) Council members shall reside in the city from which
17elected and shall have resided in the city continuously for at
18least one year before their election. Prior to being sworn in to
19office and as a condition to qualifying for office, each elected
20council member shall present a signed affidavit to the city
21clerk that states the person resides in the city from which
22elected and has resided in the city continuously for at least
23one year preceding the person's election.
24(c) No officer of the United States or of the Commonwealth
25of Pennsylvania (except notaries public or officers of the
26militia), nor any county officer, nor any officer of any school
27district embraced in the territory of [said] the city, nor any
28officer or employe of [said] the city, or of any department
29[thereof, nor any member or employe of a municipality authority
30of which the city is a member] of the city, shall serve as a
4Section 59. Section 1002 of the act is amended to read:
10Section 1003. Organization of Council.--[The] On the first
11Monday of January following the regular municipal election, the
12members of council shall assemble [in their] at the usual place
13of meeting[,] for the purpose of organizing[, at ten o'clock in
14the forenoon of the first Monday of January next succeeding the
15regular municipal election]. If the first Monday is a legal
16holiday, the meeting shall be held the first day following [at
17the time herein prescribed]. The mayor shall be the president of
18the council, and a member [thereof] of the council, and shall
19have the same rights and duties, including the introduction of
20bills and the making of motions, as pertain to [councilmen.]
21other council members. Unless otherwise provided by ordinance in
22accordance with section 1101, the vice president of city council
23shall be the member of city council designated as the director
24of the department of accounts and finance or, if a member of
25city council is not the director of that department, the member
26of council appointed by the council as its vice president.
4(b) A majority of the whole number of members of council
5shall constitute a quorum, but a smaller number may compel the
6attendance of absent members, under penalties to be prescribed
7by ordinance. Only members physically present at a meeting place
8within the city shall be counted in establishing a quorum.
12Section 1005. Meetings of Council; Notice; Participation by
13Telecommunication Device.--(a) The council shall hold stated
14meetings at least once in each month, and at such other times as
15may be fixed by ordinance, and continue them so long as the
16transaction of the public business demands. The mayor [may, and
17upon request of two councilmen must, call special meetings of
18council upon], as president of council, may call special
19meetings of council. A special meeting of council shall be
20called by the mayor upon the request of two council members in
21the case of a five-member council, or upon the request of three
22council members in the case of a seven-member council. In
23addition to any notice required by 65 Pa.C.S. Ch. 7 (relating to
24open meetings), twenty-four hours' notice of a special meeting
25shall be given to each member[, which notice shall state whether
26such meeting is to be convened for special or general business.
27If called for special business, only such business shall be
28considered as is stated in the notice. Such notice may be waived
29by unanimous consent of council]. A special meeting can be a
30special purpose meeting or a general purpose meeting, as
3(b) Council may provide for the participation of council
4members in meetings of council by means of telecommunication
5devices, such as telephones or computer terminals, which permit,
6at a minimum, audio communication between locations, provided
8(1) A majority of the whole number of members of council are
9physically present at the advertised meeting place within the
10city and a quorum is established at the convening or reconvening
11of the meeting. If after the convening or reconvening of the
12meeting a member has been disqualified from voting as a matter
13of law but is still physically present, council members
14participating by telecommunication device in accordance with
15this section shall be counted to maintain a quorum.
18(i) speak to and hear the comments and votes, if any, of the
19members of council who are physically present as well as other
20members of council who may not be physically present and who are
21also using a telecommunication device to participate in the
25(3) The telecommunication device used permits members of
26council and the members of the public who are physically present
27at the meeting to speak to and hear the comments and vote, if
28any, of the member or members of council who are not physically
29present at the meeting.
30(4) Council may only authorize participation by
3(i) illness or disability of the member of council;
7(iv) family or business travel.
11(c) All meetings of council, whether regular or special,
12shall be open to the public. The council shall be a continuous
13body, and it shall be lawful for any council to complete any
14unfinished business or legislation begun by the preceding
18[Section 1006. Ordinances; Resolutions; Rules and
19Regulations; Imposition of Fines.--The council of every city
20shall pass ordinances, resolutions, rules and regulations in
21accordance with the provisions of this act, and not inconsistent
22therewith, as may be necessary to carry into effect the
23requirements thereof, and may impose fines and penalties for the
24violation of such ordinances, rules and regulations, recoverable
25in the manner hereinafter provided for the recovery of fines and
26penalties for the violation of city ordinances and subject to
27like limitations as to the amount thereof.
1provided. The mayor shall have no right of veto. Except as
2otherwise provided in this act, an affirmative vote of three
3members shall be necessary in order to pass any ordinance,
4resolution, rule or regulation.
5Section 1008. Journal of Proceedings; Recording and
6Withholding of Vote.--The council shall keep a journal of its
7proceedings, which shall be in the possession of the city clerk,
8and which shall at all times be open to public inspection. Upon
9every vote, the yeas and nays shall be called and recorded by
10the city clerk. Every motion, resolution, or ordinance shall be
11reduced to writing before the vote is taken thereon. No member
12in attendance shall withhold his vote on any measure, bill or
13question unless the council excuse him and enter the reason upon
15Section 1009. Disclosures of Interest by Councilman.--A
16member who has a personal or private interest in any question,
17measure or bill proposed or pending before the council shall
18disclose the fact to council, and shall not vote thereon, nor
19take any part in the discussion of the same. If such interested
20person shall vote without disclosing his interest in such
21question, measure or bill, he shall forfeit his office, and
22council may avoid the enactment or transaction or not, as it
24Section 1010. Ordinances and Resolutions; Signing by Mayor
25and City Clerk.--Every legislative act of the council shall be
26by resolution or ordinance, and every ordinance which shall have
27passed said council shall be signed by the mayor and attested by
28the city clerk.
1numbered serially for the calendar year. They shall not be so
2altered or amended on their passage through council as to change
3their original purpose. No ordinances, except general
4appropriation ordinances, shall be passed containing more than
5one subject, which shall be expressed in its title.]
8[Section 1012. Reading of Bills; Final Passage.--The title
9of every bill shall be read when introduced and on final
10passage, except as to amendments or other changes which shall be
11read at length. A complete copy of every bill introduced shall
12be available for public inspection at the clerk's office during
13regular office hours. No bill shall be passed finally on the
14same day on which it was introduced. At least three days shall
15intervene between its introduction and its final passage. Upon
16final passage, ordinances shall be numbered serially.]
17Section 64. Section 1013 of the act is repealed:
18[Section 1013. Payments not Authorized by Law.--No ordinance
19shall be passed providing for the payment of any money by the
20city without previous authority of law. Any officer drawing or
21countersigning any warrant or passing any voucher for a payment
22not authorized by law, or making such payment, shall be guilty
23of a misdemeanor, and, upon conviction thereof, shall be
24sentenced to pay a fine not exceeding five thousand dollars, and
25undergo imprisonment not exceeding one year.]
1Ordinances and Other Standard or Nationally Recognized Codes,
2Maps and Plans.--All ordinances shall, unless otherwise provided
3therein or by law, take effect in ten days after their passage,
4upon their being signed by the mayor and attested by the city
5clerk. Every proposed ordinance, except as otherwise herein
6provided, prescribing a penalty for the violation thereof shall
7be forthwith published not more than sixty days nor less than
8seven days prior to passage in at least one and not more than
9two newspapers printed or circulated within the city, in the
10manner provided by section one hundred and nine of this act.
11Publication of any proposed ordinance shall include either the
12full text thereof or the title and a brief summary prepared by
13the city solicitor setting forth all the provisions in
14reasonable detail and a reference to a place within the city
15where copies of the proposed ordinance may be examined. If the
16full text is not included a copy thereof shall be supplied to
17the same newspaper of general circulation in the city at the
18time the public notice is published. If the full text is not
19included an attested copy thereof shall be filed in the county
20law library or other county office designated by the county
21commissioners who may impose a fee no greater than that
22necessary to cover the actual costs of storing said ordinances.
23In the event substantial amendments are made in the proposed
24ordinance or resolution, before voting upon enactment, council
25shall within ten days readvertise in one newspaper of general
26circulation in the city, a brief summary setting forth all the
27provisions in reasonable detail together with a summary of the
28amendments. All ordinances shall, within one month after their
29passage, be certified and recorded by the city clerk, in a book
30provided by the city for that purpose, which shall be at all
1times open to the inspection of citizens. Any and all city
2ordinances, or portions thereof, the text of which, prior to the
3effective date of this amending act, shall have been attached to
4the city ordinance book, shall be considered in force just as if
5such ordinances, or portions thereof, had been recorded directly
6upon the pages of such ordinance book: Provided, That all other
7requirements of this act applicable to the enactment, approval,
8advertising and recording of such ordinance, or portions
9thereof, were complied with within the time prescribed by this
10act. All ordinances, resolutions, motions or other proceedings
11of council may be proved by the certificate of the city clerk
12under the corporate seal, and when printed or published in book
13or pamphlet form by authority of the city, shall be read and
14received as evidence in all courts and elsewhere without further
15proof. At least one week and not more than three weeks prior to
16the first reading of any proposed building code, ordinance,
17housing code, ordinance, fire prevention code, ordinance,
18electrical code, ordinance, plumbing code, ordinance, or zoning
19ordinance, or any standard or nationally recognized code,
20ordinance, or any changes or variations of any standard or
21nationally recognized code, or parts thereof, by council, an
22informative notice of intention to consider such ordinance and a
23brief summary setting forth the principal provisions of the
24proposed ordinance in such reasonable detail as will give
25adequate notice of its contents, and a reference to the place or
26places within the city where copies of the proposed building
27code, housing code, fire prevention code, electrical code,
28plumbing code, or zoning ordinance or any standard or nationally
29recognized code may be examined or obtained, shall be published
30in the manner herein provided for the publication of ordinances.
1Such building code, ordinance, housing code, ordinance, fire
2prevention code, ordinance, electrical code, ordinance, plumbing
3code, ordinance, or zoning ordinance or any standard or
4nationally recognized code, ordinance, shall not be published
5after adoption, but not less than three copies thereof shall be
6made available for public inspection, and use during business
7hours for at least three months after adoption, and printed
8copies thereof shall be supplied upon demand, at cost. In any
9case in which maps, plans or drawings of any kind are to be
10adopted as part of an ordinance, council may, instead of
11publishing the same as part of the ordinance, refer, in
12publishing the ordinance or a summary thereof, to the place
13where such maps, plans or drawings are on file and may be
17[Section 1014.1. Codification of Ordinances.--(a) When a
18city of the third class shall have caused to be prepared a
19consolidation, codification or revision, containing minor
20nonsubstantive changes of the general body of its ordinances,
21the city council may adopt the consolidation, codification or
22revision, containing minor nonsubstantive changes, as an
23ordinance, in the same manner that is now prescribed by law for
24the adoption of its ordinances except as hereinafter provided.
25(b) A consolidation, codification or revision, containing
26minor nonsubstantive changes of city ordinances, to be enacted
27as a single ordinance, shall be introduced in the city council
28at least thirty days before its final enactment and, at least
29fifteen days before its final enactment, notice of the
30introduction thereof specifying its general nature and content
3(c) When the consolidation, codification or revision,
4containing minor nonsubstantive changes, is enacted as an
5ordinance, it shall not be necessary to advertise the entire
6text thereof, but it shall be sufficient to publish or advertise
7the table of contents thereof in the manner provided by law for
8the advertising of ordinances, and to state in the advertisement
9if it be the case that the consolidation, codification or
10revision, containing minor nonsubstantive changes, contains a
11penalty or penalties. The advertisement shall indicate a place
12within the city where a copy thereof may be examined.
13(d) The procedure set forth in this section for the
14consolidation, codification or revision, containing minor
15nonsubstantive changes of city ordinances as a single ordinance,
16may also be followed in enacting a complete group or body of
17ordinances repealing or amending existing ordinances as may be
18necessary in the course of preparing a consolidation,
19codification or revision containing minor nonsubstantive changes
20of the city ordinances.
21(e) The consolidation, codification or revision, containing
22minor nonsubstantive changes, may contain matter which, when it
23becomes effective as an ordinance, will operate to adopt by
24reference any building, fire prevention or other standard or
25model code or zoning ordinance and zoning map.]
26Section 67. Section 1015 of the act is amended to read:
27Section 1015. Attendance of Witnesses and Production of
28Books Before Council or Committee [Thereof] of Council.--(a)
29The council of any city may compel the attendance of
30witnesses[,] and the production of books, papers, and other
1evidence[,] at any meeting of the body or any committee
2[thereof] of the council. For that purpose, subpoenas may
3[issue] be issued, signed by the mayor or the [chairman]
4chairperson of the committee, in any pending case of inquiry[,]
5or investigation, [or impeachment,] and the [same] subpoenas may
6be served and executed in any part of this Commonwealth. Any
7member of council and the city clerk shall have power to
8administer oaths to [such] the witnesses. If any witness shall
9refuse to testify as to any fact within [his] the witness's
10knowledge, or to produce any books or papers within [his] the
11witness's possession or under [his] the witness's control[,]
12required to be used as evidence in [any such] the case, the city
13clerk shall [forthwith] report the facts relating to [such] the
14refusal to the court of common pleas. All questions arising upon
15[such] the refusal, and also upon any new evidence[,] not
16included in [said] the clerk's report (which new evidence may be
17offered in behalf of or against such witness), shall at once be
18heard by [said] the court. If the court determines that the
19testimony or evidence required by [such] the witness is legal
20and properly competent[,] and ought to be given or produced by
21[him] the witness, then [said] the court shall make an order
22commanding [such] the witness to testify or produce books or
23papers, or both, as the case may be. If [such] the witness shall
24thereafter, in disobedience of [such] the order of the court,
25refuse to testify or to produce the books or papers[, as
26aforesaid], then the [said] court shall have power to order the
27commitment of [such] the witness for contempt.
1extent as if the witness had been called and examined before any
2committee of the Legislature, or in any judicial proceeding
3before any of the courts of record, in accordance with existing
4laws. [No] A person outside of [such] the city, subpoenaed [as
5aforesaid] under this section, shall be [required to respond to
6the same until he has been furnished with] entitled to be
7reimbursed for mileage to and from [said] the city[,] at the
8[rate of ten cents per mile] maximum mileage rate periodically
9established by the United States Internal Revenue Service, and a
10per diem allowance [of three dollars] as established by council
11for the person's time [his presence is desired] in [said] the
15Section 1016. Salaries.--[Councilmen] (a) Council members
16shall receive for their services during their term of service
17annual salaries, to be fixed by ordinance, payable in [monthly
18or semi-monthly instalments] regular installments. Councils may,
19by the ordinance fixing [said] the salaries, provide for the
20assessment and retention [therefrom] from the salaries of
21reasonable fines for absence from regular or special meetings of
22council or [councilmanic] committees of the council.
23(b) As an alternative to the annual salary method for
24establishing the compensation payable to members of the city
25council, the council may provide that the members of council
26will receive compensation on a per-meeting-attended basis,
27provided that the compensation shall only be payable for duly
28advertised public meetings in which a council member
29participated. If council has provided that members of council
30will receive compensation on a per-meeting basis, council may
1provide for the forfeiture of up to one-twelfth of the annual
2compensation of any council member or impose another appropriate
3penalty for each unexcused absence from regularly scheduled
4legislative council sessions.
8(1) For the term of city [councilmen] council members in
9newly created cities, and until [thereafter] changed by
10ordinance, [the salary of] each [councilman shall be] council
11member may receive a salary as follows:
12[In cities of fifteen thousand inhabitants or under by the
13last United States census, each councilman shall receive a
14salary of nine hundred dollars per annum; where said population
15is between fifteen thousand and thirty thousand, one thousand
16eight hundred dollars per annum; in cities having a population
17above thirty thousand, three thousand six hundred dollars per
6(2) The compensation to be received by [councilmen shall not
7be increased or diminished after their election; but succeeding
8councils may change all compensation, said change to take effect
9as to councilmen taking office at least six months after the
10passage of the ordinance providing for such change.] council
11members and elected officials in cities other than newly created
12cities shall be fixed by ordinance of council finally enacted at
13least two days prior to the last day fixed by law for candidates
14to withdraw their names from nominating petitions previous to
15the day of the municipal election.
16Section 69. The act is amended by adding a section to read:
17Section 1016.1. Appointment of City Clerk.--(a) The council
18of each city shall appoint a city clerk who shall be an at-will
19employe with no property interest in the city clerk's position
20and whose compensation shall be fixed by ordinance.
21(b) Council may by ordinance or resolution prescribe duties
22of the city clerk in addition to those established by law. The
23city clerk shall have the power of a notary public to administer
24oaths in any matter pertaining to the business of the city or in
25any legal proceeding in which it is interested.
26(c) The records of council shall be in the actual or
27constructive custody of the city clerk and shall be subject to
28inspection and copying in accordance with the act of February
2914, 2008 (P.L.6, No.3), known as the "Right-to-Know Law."
30Section 70. Section 1017 of the act, repealed in part April
128, 1978 (P.L.202, No.53), is repealed:
2[Section 1017. Enforcement of Ordinances; Recovery and
3Payment Over of Fines and Penalties.--All actions, prosecutions,
4complaints, and proceedings for the violation of the ordinances
5of the city, and for fines, penalties, and forfeitures imposed
6thereby, shall be instituted in the corporate name of the city,
7and be conducted in the manner prescribed by law.
8No warrant shall be issued except upon complaint, upon oath
9or affirmation, specifying the ordinance for the violation of
10which the same is issued. All process shall be directed to and
11be served by any policeman or constable of the city, who shall
12execute the same as may be provided by law.
13Warrants shall be returnable forthwith. Every summons shall
14be returnable in not less than five nor more than eight days
15from the date thereof. Upon such return, like proceedings shall
16be had in all cases as are directed by law for summary
17convictions, or proceedings for the recovery of penalties,
18before justices of the peace, with the same right of appeal from
19any final judgment entered.]
20Section 71. Section 1018 of the act is repealed:
21[Section 1018. Cost of Maintenance of Prisoners in County
22Jails.--When a prisoner shall be committed to any county jail or
23prison in this Commonwealth, either for the nonpayment of a fine
24or penalty imposed for the violation of any city ordinance, or
25while awaiting a hearing upon any charge for the violation of
26any city ordinance, the cost of proceedings and the expenses of
27maintaining such prisoner during his confinement by virtue of
28any such commitment, shall be paid by the city, whose ordinances
29were alleged to have been violated, or to which any such fines
30or penalties are payable. The county in which such city is
7Section 1018.1. Ordinances and resolutions.
10(1) The council of every city shall enact ordinances, in
11accordance with the provisions of this act, as may be
12necessary to carry out the requirements of this act, and may
13impose fines and penalties for the violation of the
14ordinances, recoverable in the manner provided in this act
15for the recovery of fines and penalties for the violation of
16city ordinances and subject to limitations as to the amount
17of the fines and penalties.
18(2) Every legislative act of the council shall be by
19ordinance, and the legislative acts shall include, but not be
20limited to, tax ordinances, general appropriation ordinances
21and all ordinances that exercise the police power of the
22city; regulate land use, development and subdivision; impose
23building, plumbing, electrical, property maintenance, housing
24and similar standards; and otherwise regulate the conduct of
25persons or entities within the city; and impose penalties for
26the violation of the ordinances.
30(b) Resolutions.--With regard to resolutions, the following
4(2) The purposes for which resolutions may be adopted
5shall include, but not be limited to, ceremonial or
6congratulatory expressions of the good will of the council,
7statements of public policy of the council, approval of
8formal agreements of the city, except when the agreements
9arise under a previously approved purchasing system of the
10city, approval of the acquisition, disposition and leasing of
11real property and the approval, when required, of
12administrative rules and regulations arising under State
13statutes or city ordinances.
14(3) When eminent domain proceedings are instituted by
15resolution, notice of the resolution, including a description
16of the subject properties, shall be published once in one
17newspaper of general circulation not more than 60 days nor
18fewer than seven days prior to adoption.
21(a) Voting generally.--Members of council present or
22participating via a telecommunication device shall vote on all
23questions coming before the council, except as may be required
24by the provisions of any public official ethics law which may
25from time to time be applicable to members of city council and
26except as may be excused by a simple majority vote of the
27members of council present at any meeting of the council for
28such cause as they may determine to be appropriate and which
29cause shall be entered upon the journal.
30(b) Veto.--The mayor shall have no right of veto.
1(c) Majority vote.--Except as otherwise provided in this
2act, no ordinance may be enacted or resolution adopted by the
3council without an affirmative vote of a majority of the whole
4number of the members of council.
7The council shall keep a journal of its proceedings, which
8shall be in the possession of the city clerk and which shall at
9all times be open to public inspection. Upon every vote, the
10yeas and nays shall be called and recorded by the city clerk. An
11ordinance shall and a resolution may be reduced to writing
12before the vote is taken on the ordinance or resolution. A
13member of council shall not withhold the member's vote on any
14question coming before the council, unless permitted to do so in
15accordance with section 1018.2(a).
16Section 1018.4. Signing and attesting ordinances.
20Section 1018.5. Proposed ordinances; titles.
21All proposed ordinances shall be presented to council in
22written form as bills and shall be numbered serially for the
23calendar year. No ordinances, except general appropriation
24ordinances, may be enacted containing more than one subject,
25which shall be reasonably identified in its title. No ordinance
26shall be so altered or amended upon enactment by council as to
27change the original purpose. The title of an ordinance shall not
28be considered in the construction or interpretation of the
29ordinance by a court of competent jurisdiction.
30Section 1018.6. Reading of proposed ordinances; final
2(a) Reading.--The title of every proposed ordinance shall be
3read at least twice, once when introduced and again before final
4enactment by council. Amendments or other changes to the
5proposed ordinance shall be read at length.
9(c) Time frame.--No ordinance shall be finally enacted by
10council on the same day on which it was introduced, and at least
11three days shall intervene between its introduction and its
12final enactment by council.
15Section 1018.7. Payments not authorized by law.
16No ordinance may be enacted or resolution be adopted
17providing for the payment of any money by the city without
18previous authority of law. Any officer executing a document
19authorizing payment or passing a voucher for a payment not
20authorized by law, or making the payment, commits a misdemeanor
21and shall, upon conviction, be sentenced to pay a fine of not
22more than $5,000 and to imprisonment for not more than one year.
23Section 1018.8. Time of taking effect of ordinances.
24All ordinances, except those pertaining to the subjects set
25forth in section 1050(b), and unless otherwise provided by law,
26shall take effect on the tenth day after enactment, upon being
27signed by the mayor and attested by the city clerk.
28Section 1018.9. Publication of proposed ordinances.
3(b) Contents.--Except as otherwise provided in law, the
4publication of a proposed ordinance shall include either the
5full text or the title and a summary of the ordinance setting
6forth the provisions in reasonable detail and a reference to a
7place within the city where copies of the proposed ordinance may
8be examined. If the full text is not published, the newspaper in
9which the proposed ordinance is published shall, upon request,
10be furnished a copy of the ordinance.
11(c) Readvertisement.--In the event substantial amendments
12are made in the proposed ordinance, before voting upon
13enactment, council shall within ten days readvertise in one
14newspaper of general circulation a brief summary setting forth
15all the provisions in reasonable detail together with a summary
16of the amendments.
17Section 1018.10. Filing of proposed ordinances.
18(a) Place of filing.--If the full text is not published, an
19attested copy of the proposed ordinance shall be filed when the
20summary of the ordinance is published in the county law library
21or other county office designated by the county commissioners
22who may impose a fee no greater than that necessary to cover the
23actual costs of storing the proposed ordinances. <-Filing with the
24county may be completed by the submission of an electronic copy
25of the ordinance through a method available, in the sole
26discretion of the county, to permit receipt by the office
27storing municipal ordinances. Upon request by the city, the
28county shall notify the city of the method by which electronic
29copies may be submitted. The county may store the ordinance
30electronically, provided that the public is able to access the
5(b) Date of filing.--The date of filing the proposed
6ordinance with the county shall not affect the effective date of
7the ordinance or the validity of the process of enactment of the
8ordinance<-, nor shall a failure to file within the time provided
9be deemed a defect in the process of the enactment or adoption
10of the ordinance.
13(a) Records.--All ordinances shall, within one month after
14their enactment, be certified and recorded by the city clerk in
15a book provided by the city for that purpose which shall be at
16all times open to the inspection of citizens. A standard or
17nationally recognized code or any portion of the standard or
18nationally recognized code enacted by reference need not be
19recorded in or attached to the ordinance book, but shall be
20deemed to have been legally recorded if the ordinance by which
21the code was enacted by reference is recorded, with an
22accompanying notation stating where the full text of the code is
23filed. <-A failure to record within the time provided shall not be
24deemed a defect in the process of the enactment or adoption of
26(b) Compilation or codification.--At the close of each year,
27with the advice and assistance of the city solicitor, the city
28clerk shall bind, compile or codify all the ordinances of the
29city, or true copies of the ordinances, which then remain in
30force and effect.
6(e) Attachment.--A city ordinance or portions of a city
7ordinance, the text of which prior to the effective date of this
8act is attached to the city ordinance book, shall be considered
9in force as if the ordinance or portions of the ordinance were
10recorded directly upon the pages of the ordinance book.
11Section 1018.12. Proof and evidence.
12All ordinances, resolutions, motions or other proceedings of
13council may be proved by the certificate of the city clerk under
14the corporate seal and, when printed or published in book or
15pamphlet form by authority of the city, shall be read and
16received as evidence in all courts and elsewhere without further
18Section 1018.13. Standard or nationally recognized codes.
19(a) Authority to enact.--In the same manner as other
20ordinances, and except as otherwise provided in this act or the
21Pennsylvania Construction Code Act, council may enact, by
22reference to a standard or nationally recognized code, all or
23any portion of the standard or nationally recognized code as an
24ordinance of the city. Three copies of the proposed standard or
25nationally recognized code, portion of the code or amendment to
26the code shall be filed in the office of the city clerk at least
27ten days before the city council considers the proposed
28ordinance and upon enactment shall be kept with the ordinance
29book and available for public use, inspection and examination.
30(b) Time frame.--
1(1) Except as otherwise provided by the Pennsylvania
2Construction Code Act, and regulations adopted pursuant to
3the act, an ordinance adopting by reference any standard or
4nationally recognized code shall be enacted within 60 days
5after its introduction and shall encompass subsequent changes
6in the code unless otherwise specified in the ordinance.
7(2) An ordinance which incorporates standard or
8nationally recognized code amendments by reference shall
9become effective after the same procedure and in the same
10manner as is specified in this section for original adoption
11of the code.
12(c) Technical regulations or code.--An ordinance that
13incorporates by reference standard technical regulations or code
14shall be subject to the provisions of the Pennsylvania
15Construction Code Act, if applicable.
16Section 1018.14. Maps, plans or drawings.
17Except as may be otherwise provided under the Pennsylvania
18Municipalities Planning Code, if maps, plans or drawings of any
19kind are to be adopted as part of an ordinance, the council may,
20instead of publishing the maps, plans or drawings as part of the
21ordinance, make reference in publishing the ordinance or a
22summary of the ordinance to the place where the maps, plans or
23drawings are on file and may be examined. Once enacted as part
24of an ordinance, a map, plan or drawing shall be amended by
26Section 1018.15. Codification of ordinances.
27(a) Preparation authorized.--City council may prepare a
28consolidation or codification of the general body of city
29ordinances or the ordinances on a particular subject. City
30council may adopt the consolidation or codification as an
3(1) A consolidation or codification to be enacted as a
4single ordinance shall be introduced in the city council at
5least 30 days before its final enactment; and at least 15
6days before final enactment, notice of introduction of the
7consolidation or codification specifying its general nature
8and content shall be given by advertisement in a newspaper of
10(2) The required advertised notice of the proposed
11adoption of the consolidation or codification shall include a
12listing of its table of contents, and the advertisement shall
13indicate a place within the city where a copy of the proposed
14consolidation or codification may be examined.
15(b) Additional procedure.--The procedure for the
16consolidation or codification of city ordinances as a single
17ordinance may also be followed in enacting a complete group or
18body of ordinances repealing or amending existing ordinances as
19may be necessary in the course of preparing a consolidation or
20codification of the city ordinances, except that the
21advertisement giving notice of the proposed adoption shall list,
22in lieu of a table of contents, the titles only of each of the
23ordinances in the complete group or body of ordinances.
24(c) Adoption by reference.--The consolidation or
25codification may contain matter, which, when it becomes
26effective as an ordinance, will operate to adopt by reference
27any building, fire prevention or other standard or model code or
28zoning ordinance and zoning map in accordance with section
291018.13 and, if applicable, section 1018.14.
30Section 1018.16. Enforcement of ordinances; recovery and
1payment of fines and penalties.
2(a) Enforcement.--Actions, prosecutions, complaints and
3proceedings for the violation of the ordinances of the city and
4for fines, penalties and forfeitures imposed shall be instituted
5in the corporate name of the city and be conducted in the manner
6prescribed by law.
7(b) Proceedings.--Unless otherwise provided by law,
8proceedings for the violation of the ordinances of the city
9shall be conducted as summary conviction proceedings, or
10proceedings for the recovery of penalties, before magisterial
11district judges with the same right of appeal from any final
13Section 1018.17. Penalty.
14A person who violates any ordinance enacted under the
15authority of this act for which no penalty is otherwise
16specified commits a summary offense and, upon conviction, shall
17be sentenced to pay a fine of not more than $1,000 or to
18imprisonment for not more than 90 days, or both, at the
19discretion of the court.
22(b) [Initiative] Initiating Ordinances
27Section 1030. Initiation of Proposed Ordinances by Petition;
28Exceptions.--[Any] (a) Except as provided in subsection (b), a
29proposed ordinance may be submitted to the council by a petition
30signed by the electors of any city[, as hereinafter provided,
5(b) Proposed ordinances to repeal, amend, or modify any
6ordinance which has been subject to the provisions of the
7referendum as provided in subdivision (c) of this article.] in
8accordance with this subdivision.
17Section 1031. Petition; Notice.--[The city clerk, upon the
18written request of one hundred qualified electors of the city,
19directed to him, asking for the preparation of a petition for
20the submission of any proposed ordinance to the council of such
21city, and accompanied by a copy of the proposed ordinance, shall
22prepare such petition within ten days, and in the meantime
23notice shall be published, at least one time, in one newspaper,
24in the manner provided by section one hundred and nine of this
25act, that such petition will be ready for signing at the
26expiration of ten days from the presentation of said request.
27This notice shall state the purpose for which the petition is
28made, the place where and when it may be signed. Fifteen days
29shall be allowed for signatures.] If the city clerk receives a
30written request for the preparation of a petition for the
1submission of a proposed ordinance to the city council by at
2least one hundred qualified electors of the city and the request
3is accompanied by a copy of the proposed ordinance, the city
4clerk shall, within ten days after receiving the request, do
5each of the following:
6(1) Prepare the requested petition.
13(ii) The purpose for which the petition is made.
18Section 1032. Signing; Oath.--[The signing] A petition for
19the submission of a proposed ordinance shall be [done] signed in
20the city clerk's office only. The petition shall be retained
21[there] in the city clerk's office at all times [during the] for
22a period of fifteen days. Each signer shall add to [his] the
23signer's signature [his] the signer's place of residence by
24street and number[,] and shall make oath before the city clerk
25that [he] the signer is a qualified elector of the city and
26resides at the address given. The city clerk shall keep [his]
27the city clerk's office open for the purpose of permitting
28voters to sign [such] the petition [from eight o'clock ante
29meridian to ten o'clock post meridian of each day except Sundays
30and holidays] at least from nine o'clock ante meridian through
1seven o'clock post meridian, prevailing time, Monday through
2Friday, except holidays. [He] The city clerk shall not permit
3any person to sign [such] petitions after [ten o'clock post
4meridian] seven o'clock post meridian, prevailing time, on the
5last day for signing the same.
6Section 1033. Number of Signatures; Examination and
7Certificate by City Clerk.--[At the expiration of the fifteen
8days aforesaid, and within ten days thereafter,] Within ten days
9after the period of time for signing the petition has elapsed,
10the city clerk shall examine [such] the petition[,] and, from
11the record of registered voters of the city, ascertain whether
12or not [said] the petition is signed by voters equal to twenty
13per centum of all votes cast for all candidates for mayor at the
14last preceding municipal election at which a mayor was elected.
15If necessary, the council [shall] may allow the city clerk extra
16help for [that] the purpose of complying with this section. The
17city clerk shall attach to [said] the petition [his] the clerk's
18certificate showing the result of [said] the examination. If
19less than the required twenty per centum is certified, the
20petition shall fail and shall be filed in the office of the city
22Section 1034. Submission to Council.--If the petition [shall
23be] is certified to contain signatures equalling the required
24twenty per centum of said votes cast as aforesaid, the clerk
25shall submit the same to the council without delay.
26Section 1035. Actions by Council; Notices.--If the petition
27accompanying the proposed ordinance [be] is signed by electors
28equal in number to twenty per centum of the votes cast for all
29candidates for mayor at the last preceding municipal election at
30which a mayor was elected, the council shall either:
1(a) [Pass said] enact the proposed ordinance without
2alteration[,] within twenty days (except as otherwise provided
3herein)[,] after attachment of the clerk's certificate to the
4accompanying petition; or
5(b) [Forthwith, after the clerk shall attach to the petition
6accompanying such ordinance his certificate of sufficiency, the
7council shall call a special election] call for a referendum to
8be held at the time of the next general, municipal or primary
9election occurring at least ninety days thereafter[;], and at
10[such] which election[, such] the proposed ordinance shall be
11submitted without alteration to the vote of the electors of the
12[said] city, after attachment of the clerk's certificate to the
13accompanying petition. Notice of [such] the election [shall be
14given as provided by the Pennsylvania Election Code.] and the
15text of the question to be submitted to the electors shall be
16published in the same manner as publication is required in
17section 1201 of the Pennsylvania Election Code.
18Section 1036. Form of Ballot [or Ballot Label] on Submission
19to Vote.--[The ballots or ballot labels used when voting upon
20said ordinance shall be supplied by the county board of
21elections, and shall contain a question, stating the nature of
22the proposed ordinance, followed by the words "yes" and "no" and
23shall be as provided in the Pennsylvania Election Code. The
24votes shall be counted and returns thereof made and computed as
25provided in section ten hundred and sixty-two of this act.] The
26question to be submitted to the electors on the proposed
27ordinance shall be framed to state the nature of the proposed
28ordinance, followed by the words "yes" and "no," and the
29question shall be placed on the ballots which shall be counted,
30returned and computed in accordance with section 1062 and the
1election laws of the Commonwealth.
2Section 1037. Effect of Majority Vote.--If the majority of
3the qualified electors voting on the proposed ordinance shall
4vote in favor [thereof, such] of the ordinance, the ordinance
5shall [thereupon] become a valid and binding ordinance of [said]
7Section 1038. No Repeal Within Two Years.--[Any] An
8ordinance so proposed by petition, whether [passed] enacted by
9council or adopted by a vote of the electors, [cannot] shall not
10be repealed or amended within two years of its effective date
11except by a vote of the electors.
12Section 1039. Number of Proposed Ordinances to be Submitted;
13[Special] Elections Limited.--Any number of proposed ordinances
14may be voted upon at the same election, in accordance with the
15provisions of this subdivision[: Provided, That]. Proposed
16ordinances on the same subject matter shall not be submitted by
17petition [oftener] more frequently than once [in] every three
19Section 1040. Submission for Repeal by Council.--The council
20may submit a proposition for the repeal or amendment of [any
21such] an ordinance to be voted upon at any succeeding municipal,
22general or primary election[,] occurring at least ninety days
23[thereafter] after council's submission of the proposition.
24Should [such] the submitted proposition[, so submitted,] receive
25a majority of the votes cast [thereon] on the proposition at
26[such] the election, [such] the ordinance shall [thereby] be
27repealed or amended accordingly.
1submitted by council for repeal or amendment, notice [thereof]
2of the election and text of the question to be submitted to the
3electors shall be published [as required by] in the same manner
4as publication is required in section 1201 of the Pennsylvania
8(c) [Referendum] Reconsidering Ordinances by Electors
11Section 1050. [Referendum; Exceptions.--No] Time Ordinances
12Go Into Effect.--(a) Except as provided in subsection (b), no
13ordinance [passed] enacted by council shall go into effect
14before ten (10) days from the time of its final [passage,
15except] enactment by council.
18[(a)] (1) Ordinances expressly required to be [passed]
19enacted by the general laws of the State or by the provisions of
20any act of Assembly, or the provisions of which and the matters
21to be carried out [thereunder] under the ordinance are subject
22to the approval of an officer or tribunal of the [State
27[(c)] (3) Ordinances for the preservation of the public
28peace, health, morals, safety[,] and in the exercise of the
29police powers of the city government, and for the prevention and
30abatement of nuisances[;].
4[(e)] (5) Ordinances for the opening, paving, grading[,] or
5other improvement of streets or highways, when the improvement
6is petitioned for by a majority in number or interest of the
7abutting property owners[;].
12Section 1051. Petition; Reconsideration of Ordinance.--[If,
13during such period of ten days from the time of its final
14passage, a petition signed by electors of the city equal in
15number to at least twenty per centum of the entire vote cast for
16all candidates for mayor at the last preceding municipal
17election at which a mayor was elected, protesting against the
18passage of any ordinance other than those excepted from the
19provisions of this subdivision by the foregoing section, is
20presented to the council, said ordinance shall be suspended from
21going into operation, and council shall reconsider such
22ordinance.] With the exception of ordinances dealing with the
23subjects set forth in section 1050(b), an ordinance shall be
24suspended from going into operation and shall be reconsidered by
25council if, within ten days after its final enactment, there is
26presented to council, in accordance with this subdivision, a
27petition protesting against enactment of the ordinance which
28shall be signed by electors of the city equal in number to at
29least twenty per centum of the entire vote cast for all
30candidates for mayor at the last preceding municipal election at
1which a mayor was elected.
2Section 1052. Preparation of Petition by City Clerk;
3Notice.--[Such] A petition under section 1051 shall be prepared
4by the city clerk immediately upon receipt by [him] the clerk of
5the written request of one hundred qualified electors of the
6city asking that the [same] petition be prepared. Upon its
7preparation, [he] the clerk shall give notice by [one insertion
8in one of the daily newspapers, if one be published in the city,
9and, if not, then in a weekly or daily newspaper published in
10the county, that such] publication in a newspaper of general
11circulation that the petition is ready for signing and the
12purpose of the petition, giving the place where and time when it
13may be signed. The [said] signing shall be done only in the city
14clerk's office, where the petition shall be retained during the
15period of ten days after the [passage] enactment of the [said]
17Section 1053. Additional Petitions.--In order to facilitate
18the signing of [such] the petition, the city clerk shall cause
19to be made at least two additional similar petitions for signing
20by the qualified electors, and the signing of [such] the
21additional similar petitions shall have the same force and
22effect as the signing of the original petition. The city clerk
23is hereby authorized to employ at least two persons to take
24charge of [said] the additional petitions[; the]. The city clerk
25and [said] the persons hired are hereby empowered to administer
26the oath [hereinafter] required to be taken by the electors.
27This section also shall apply [as well] to petitions initiating
28ordinances under subdivision (b).
1signer's signature [his] the signer's place of residence by
2street and number[,] and shall make an oath before the city
3clerk, or other person authorized [as aforesaid] under section
41053, that [he] the signer is a qualified elector of the city
5and resides at the address given. The city clerk shall keep
6[his] the city clerk's office open for the purpose of receiving
7signatures to the petitions [from eight o'clock ante meridian to
8ten o'clock post meridian of each day except Sundays and
9holidays. He] at least from nine o'clock ante meridian through
10seven o'clock post meridian, prevailing time, Monday through
11Friday. The city clerk shall not permit [any] a person to sign
12[any of the said petitions] a petition after [ten] seven o'clock
13post meridian, prevailing time, of the tenth day following the
14[passage] enactment of the ordinance on which the referendum
15vote is [prayed for] requested.
16Section 1055. Presentation of Petition to Council.--At the
17expiration of [said] ten days, the [said] petition shall be
18[deemed and taken to be] filed with and presented to the
19council, and [it shall be the duty of] the city clerk [to lay
20the same before] shall present the petition to the council at
21its first meeting [thereafter] after expiration of the ten-day
23Section 1056. Ascertainment of Number of Signers; Report.--
24After [its] presentation of the petition to council, the city
25clerk shall ascertain from the record of registered voters of
26the city whether or not [said] the referendum petition is signed
27by voters equal to twenty per centum of all the votes cast for
28mayor at the last preceding municipal election at which a mayor
29was elected. If necessary, the council [shall allow him] may
30allow the clerk extra help for that purpose, and, after [he] the
3Section 77. Sections 1057 and 1058 of the act are repealed:
4[Section 1057. Ordinances Granting Franchises.--No franchise
5or consent to occupy the public streets, highways, or other
6places in any city of the third class shall be given or granted
7to any person or persons, railroad, railway, gas, water, light,
8telephone or telegraph company, or to any public utility
9corporation, except by ordinance, and no ordinance for such
10purpose shall go into effect before thirty days after it has
11been filed with the Public Utility Commission.
12Section 1058. Petition against Ordinances; Suspension.--If,
13within said thirty days, a petition prepared, advertised, and
14perfected in all respects complying with the provisions of this
15subdivision (except that the petitioners shall have thirty days
16in which to prepare said petition), is addressed to the council,
17signed by registered electors of the city equal in number to at
18least twenty per centum of all the votes cast for mayor at the
19last preceding municipal election at which a mayor was elected,
20protesting against the passage of said ordinance, the latter
21shall be suspended, and it shall be the duty of the city clerk
22to examine said petition and ascertain, from the registry of
23voters, whether or not said petition is signed by the required
24number of electors. If necessary, the council shall allow the
25city clerk extra help for said purpose. Upon such examination he
26shall report the result to council.]
1petition provided for in this subdivision [have] has not been
2signed by the requisite number of voters, no action shall be
3taken, but the [ordinances] ordinance shall be [deemed and]
4taken to be in full force from the time or times [they each] it
5would have gone into effect had there been no petition against
6the [same. But in case such petitions are] ordinance. If the
7petition is signed by electors equal to twenty per centum of all
8the votes cast for mayor as aforesaid, the council shall
9reconsider [such] the ordinance, and if the [same] ordinance is
10not entirely repealed by council on reconsideration, the council
11shall call a [special election,] referendum to be held at the
12time of the next general [or], municipal or primary election
13occurring not less than sixty days [therefrom] after the
14reconsideration. At [such] the election, the [said] ordinance
15shall be submitted without alteration in accordance with the
16Pennsylvania Election Code.
17Section 1060. Certification [of] to County Board of
18Elections; Ballots or Ballot Labels; Expense of Elections.--The
19city clerk, after consultation with the city solicitor, shall
20certify to the county board of elections a copy of the ordinance
21and the proceedings of council directing the referendum vote,
22and the county board of elections shall cause the question to be
23printed for use in the election districts of the city. The
24preparation of ballots or ballot labels for and the holding of
25[special elections] a referendum shall be as provided in the
26Pennsylvania Election Code. Any number of ordinances may be
27referred and voted on at the same election.
3Section 1062. Computing and Filing Returns.--The officers
4holding [said elections] an election shall keep tally sheets and
5make returns of votes on the referendum question in the same
6manner as tally sheets are kept and returns made in elections of
7officers and the submission of other questions as provided by
8the Pennsylvania Election Code. The returns shall be filed with
9the county board of elections which shall compute the returns
10and certify the results [thereof] to the city council. The
11returns and certifications of [all special elections] a
12referendum question shall be made as provided in the
13Pennsylvania Election Code.
14Section 1063. Effect of the Vote.--If it shall appear that
15more persons have voted for [said] the ordinance than against
16it, the ordinance shall take immediate and full effect [without
17more] from the date the results are certified to the city
18council. If the vote is against [said] the ordinance, [it] the
19ordinance shall be [lost] nullified and of no effect.
20Section 1064. Publication of Ordinance Before Election.--
21Before any referendum [election] is held on any ordinance[, a
22copy] in accordance with this subdivision, the city shall
23provide notice of the ordinance which is to be submitted to the
24vote of the people [shall be published as required] by
25publishing a copy of the ordinance in a newspaper of general
26circulation. Publication in accordance with this section shall
27be in addition to publication requirements of the Pennsylvania
2THE EXECUTIVE DEPARTMENT
81. Department of Public Affairs.
92. Department of Accounts and Finance.
103. Department of Public Safety.
114. Department of Streets and Public Improvements.
125. Department of Parks and Public Property.] The city may
13have a department of administration and other departments as
14council shall establish by ordinance. All of the administrative
15functions, powers and duties of the city shall be allocated and
16assigned within the departments established by council by
17ordinance or, in the absence of an ordinance making this
18allocation, among five departments, as follows:
19(1) Department of Public Affairs.
20(2) Department of Accounts and Finance.
21(3) Department of Public Safety.
22(4) Department of Streets and Public Improvements.
23(5) Department of Parks and Public Property.
24Section 1102. Determination of Powers and Duties of
25Departments.--[The council shall determine] Subject to the
26restrictions and limitations of this act and other laws, the
27council may, by ordinance, do all of the following:
11Section 1103. Designation of [Departments] Department
12Directors; Changes.--(a) The mayor shall be director of the
13department of public affairs and as such shall have supervision
14over the city police. In the event that council does not create
15a department of public affairs, the mayor shall retain the
16powers of supervision over city police.
17[The] (b) Unless otherwise provided by ordinance in
18accordance with sections 1101 and 1102, the council shall, at
19[the biennial] its organization meeting, designate[, by majority
20vote, one councilman] by resolution one council member to be
21director of the department of accounts and finance, one to be
22director of the department of public safety, one to be director
23of the department of streets and public improvements, and one to
24be director of the department of parks and public property.
25[Such] The designation may be changed at council's discretion.
26Section 1104. Department Directors Responsible for City
27Property and Supplies; Perpetual Inventory Reports.--The
28director of each department shall be responsible for the
29personal property and supplies of the city within [his] the
30director's department[, and]. Each department director shall
1prepare and maintain a perpetual inventory of [such] the
2personal property and supplies[. He shall] for which the
3director is responsible and, from time to time during the fiscal
4year, file the inventory with the city clerk [a copy of such
5inventory from time to time during the fiscal year, and shall
6make available to the director of accounts and finance a copy of
7such inventory to assist him in the preparation of the proposed
8budget ordinance. He shall furnish a copy of such inventory to
9the council upon request.] or other official designated by
10council. The city clerk or other designated official with whom
11the inventory is filed shall, upon request, furnish a copy of
12the inventory to the chief fiscal officer and to council.
13Section 81. The act is amended by adding a section to read:
14Section 1105. Quarterly Reports from Directors of
15Departments.--At the close of each quarter of the fiscal year,
16each department director shall prepare and submit to the
17director of the department of accounts and finance, if one
18exists, or to the business administrator or other official
19designated by council, a comprehensive and detailed report of
20all expenditures and operations of the director's department
21during the quarter. The person to whom the quarterly reports are
22submitted shall review and consolidate the quarterly reports and
23shall prepare and submit to council a consolidated report on the
24expenditures and operations of the entire city government,
25together with recommendations, not later than the second meeting
26of council after the close of each quarter.
3Section 1201. Qualifications.--The mayor shall be at least
4[twenty-one] eighteen years of age[,] and shall be elected at
5large by the qualified electors of the city. [He] The person
6shall have been a resident of the city wherein [he shall be]
7elected for at least one year[, next before his election,]
8before the person's election and shall reside in the city
9throughout [his] the person's term of service. Prior to being
10sworn in to office, and as a condition to qualifying for office,
11the elected mayor shall present a signed affidavit to the city
12clerk that states the person resides in the city from which
13elected and has resided in the city continuously for at least
14one year preceding the person's election.
15Section 84. Section 1202 of the act is amended to read:
16Section 1202. Chief Executive; Inauguration.--The mayor
17shall be the chief executive of the city. [He shall be
18inaugurated and take the oath of office provided for by this act
19at ten o'clock in the forenoon of the first Monday of January
20next succeeding his election, or as soon thereafter as possible]
21The mayor shall be inaugurated and take the oath of office in
22accordance with sections 904 and 905 on the first Monday of
23January following the regular municipal election. If the first
24Monday is a legal holiday, the mayor shall be inaugurated and
25take the oath the first day following or as soon after that day
1mayor and the chief executive of cities adopting the city
2manager form of government to be vigilant and active in causing
3the ordinances of the city, and the laws of the Commonwealth
4relating to the government of the city, to be executed and
6(b)] (a) In accordance with the powers granted in this act,
7the mayor shall have the authority to cause the ordinances of
8the city, and all general laws applicable to the ordinances, to
9be executed and enforced.
10(b) The mayor shall annually report to the council and the
11public on the work of the previous year and on the condition and
12requirements of the city government and shall, from time to
13time, make such recommendations for action by the council as the
14mayor may deem in the public interest.
15(c) In order to enable [him] the mayor effectually to
16preserve the public peace within the city, all the powers which
17are devolved by the laws of this Commonwealth upon sheriffs, to
18prevent and suppress mobs, riots, and unlawful and tumultuous
19assemblies, are hereby conferred upon [him] the mayor.
20(d) When the mayor [or chief executive] considers that a
21state of emergency exists, [he] the mayor may issue [his] a
22proclamation, which shall be in writing and copies of which
23shall be made available to all news media[,] and to each member
24of city council, declaring a state of emergency [for a period
30(2) In the case of a declaration of a state of emergency by
1the mayor [or chief executive] for either a citywide or site-
2specific emergency, city agencies may temporarily implement
3their emergency assignments without regard to procedures
4required by other laws pertaining to the incurring of
5obligations and the employment of temporary workers. [In his]
19[(5) The] (v) the transportation, possession or use of
20gasoline, kerosene, or other combustible, flammable or explosive
21liquids or materials, except in connection with the normal
22operation of motor vehicles, normal home use[,] or legitimate
23commercial use; or
24[(6) Any] (vi) any other [such] activities as [he] the
25mayor reasonably believes [should be prohibited to help
26preserve] would cause a clear and present danger to the
27preservation of life, health, property or the public peace.
1[(d)] (g) Any person violating [such] a proclamation of
2emergency [shall be guilty of] commits a summary offense and
3shall, upon conviction, be sentenced [to pay a fine not to
4exceed three hundred dollars ($300) or to undergo imprisonment
5not to exceed thirty days, or both] as provided by law.
8Section 1204. Official Seal of Mayor.--Council shall provide
9an official seal for the mayor [and prescribe the form thereof]
10in such form as the mayor may reasonably request, which shall
11not be changed during the mayor's term of office.
12Section 1205. Supervision of Conduct of City Officers.--The
13mayor shall supervise the conduct of all city officers, examine
14the grounds of all reasonable complaints against any of them,
15and cause all of their violations or neglect of duty to be
16promptly punished or reported [to the council] for correction in
17the manner council may direct. For the purposes [aforesaid, he]
18of this section, the mayor is hereby empowered to issue
19subpoenas and compulsory processes, under [his] the mayor's
20official seal, for the attendance of [such] persons and the
21production of [such] books and papers as [he] the mayor may deem
22necessary[, and shall have like enforcement of such subpoenas as
23is]. A subpoena shall be enforced in the manner provided for
24council in section [one thousand fifteen of this act] 1015.
27Section 1206. [Quarterly Reports from Directors of
28Department;] Report of Mayor to Council; Information from
29Directors of Departments.--[The director of each department of
30the city shall prepare and submit to the Director of the
1Department of Accounts and Finance, at the close of each quarter
2of the fiscal year, a comprehensive and detailed report of all
3expenditures and operation of his department during the quarter.
4The Director of the Department of Accounts and Finance shall
5review and consolidate such quarterly reports and shall prepare
6and submit to council a consolidated report on the expenditures
7and operations of the entire city government, together with his
8recommendations, not later than the second meeting of council
9after the close of each quarter.] The mayor shall have the
10authority, at all times, to call upon any official of the city
11or heads of departments for any information as to the affairs
12under their control and management as [he] the mayor may
13require. [He] The mayor may likewise report upon any and all
14matters of city government as frequently to council as [he] the
15mayor deems conducive to the interest and welfare of the city.
19Section 1207. [Criminal and Civil Jurisdiction; Docket;
20Fees.--He] Power to Take Acknowledgments and Oaths and to
21Formalize Marriages.--The mayor shall be empowered to take
22acknowledgments of any instruments in writing[,] pertaining to
23the business of the city, solemnize marriages[,] and to
24administer oaths and affirmations[,] as to city business[,] and
25shall attest all [his acts with his official seal] the mayor's
26acts with the mayor's official seal, if any.
4(2) The council shall, by ordinance, fix the amount of
5salary to be paid to the mayor for [his] the mayor's services[,]
6and may provide for the assessment and retention [therefrom]
7from the salary of reasonable fines for absence from regular or
8special meetings of council or [councilmanic] committees of
12(b) Until changed by ordinance, the salary of mayors in
13newly created cities [shall] may be as follows: [In cities
14having a population of fifteen thousand or under, by the last
15United States census, one thousand two hundred dollars per
16annum; in cities having a population of over fifteen thousand,
17and less than thirty thousand inhabitants, two thousand four
18hundred dollars per annum; in cities having a population
19exceeding thirty thousand, four thousand eight hundred dollars
21The amount of compensation for the mayor in any of the said
22cities shall not be increased or diminished after his election.
23Succeeding councils may change the amount of the mayor's
24compensation, but such change shall not affect the compensation
25of the mayor then in office or of any person taking office as
26mayor within six months of final passage of the ordinance
27providing for such change.]
30(2) in cities with a population of five thousand or more but
6(4) in any city with a population in excess of fifteen
7thousand, the salary of the mayor shall not exceed five hundred
8dollars a year per thousand population or fraction of a
9thousand, the population to be determined by the latest official
11(c) The compensation to be received by a mayor in cities
12other than newly created cities shall be fixed by ordinance of
13council enacted at least two days prior to the last day fixed by
14law for candidates to withdraw their names from nominating
15petitions previous to the day of the municipal election. The
16compensation to be received by the mayor shall not be increased
17or diminished after the mayor's election unless the increase or
18decrease was included in an ordinance enacted at least two days
19prior to the last day fixed by law for candidates to withdraw
20their names from nominating petitions previous to the day of the
22(d) (1) Subject to clause (2) and notwithstanding any other
23provisions of law, a mayor may receive an honorarium, fee or
24reimbursement of expenses related to the performance of a
25marriage ceremony in this Commonwealth, if the mayor first
26notifies council in writing of the mayor's intention to perform
27marriage ceremonies. A notification pursuant to this clause
28shall remain in effect for the term of the mayor or until such
29time as the notification is rescinded by the mayor.
30(2) The honorarium or fee shall not exceed one hundred fifty
1dollars for each ceremony performed. The mayor shall keep
2accurate accounts of the fees received relating to the
3performance of marriage ceremonies and provide council each
4quarter with a report of moneys received for that period. The
5quarterly report shall include the amount of money received, the
6names of persons from whom money was received along with the
7date and the location of the performed ceremony and shall be
8considered a public record.
9(3) The receipt of a fee under this subsection shall not be
10considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics
11standards and financial disclosure) and shall not be considered
12compensation under this act.
13Section 90. Section 1209 of the act is amended to read:
14Section 1209. Acting Mayor; Powers and Duties.--[The member
15of city council who shall be designated as the director of the
16department of accounts and finance shall be vice president of
17the city council, and acting mayor of the city during the
18absence or inability of the mayor to act; and, during such
19absence or inability, he] During the absence of the mayor or the
20inability of the mayor to act, the vice president of city
21council shall be the acting mayor who shall exercise all the
22rights and powers of the mayor. In the event of a vacancy in the
23office of the mayor by reason of death, resignation, or
24otherwise, the vice president of council shall, in like manner,
25act as the mayor and shall, while acting as mayor, receive the
26compensation of mayor but not [of director of accounts and
27finance or councilman during such incumbency] any compensation
28as a council member, until the successor of the mayor is duly
29[elected] appointed and qualified [as hereinbefore provided] in
30accordance with section 901. In case of the absence or inability
7CITY ADMINISTRATOR OR MANAGER
10Section 1201-A. Office of city administrator or manager.
11City council may, at its discretion at any time, by
12ordinance, enacted by a majority vote of all members elected to
13council, create the office of city administrator or manager and
14may in like manner abolish the same. The appointed office of
15city administrator when referenced in this article may also be
16referred to as city manager, and a reference to a city
17administrator shall be deemed a reference to a city manager.
18Section 1202-A. Appointment; selection; removal.
19In a city in which the office of city administrator has been
20created, council shall appoint a person to fill that office
21initially, and thereafter, whenever a vacancy exists in the
22office. The appointment of a person to fill the office of city
23administrator shall be by an affirmative vote of a majority of
24all the members of council. Council shall select a city
25administrator on the basis of executive and administrative
26qualifications, education and experience and may give special
27consideration to applicants with training and experience in
28municipal government operation. The city administrator shall
29serve at the pleasure of council, subject to contractual rights
30that may arise under an employment agreement that may be entered
1in accordance with section 1203-A.
4Section 1203-A. Employment agreement.
5Council may enter into an employment agreement with the city
6administrator. The employment agreement may set forth the terms
7and conditions of employment, and the agreement may provide that
8it shall remain in effect for a specified period terminating no
9later than two years after the effective date of the agreement
10or the date of the [organization] organizational meeting of
11council following the next municipal election, whichever shall
12first occur. An employment agreement entered into pursuant to
13this section may specify conditions under which a city
14administrator would be entitled to severance compensation, but
15in no event shall an employment agreement guarantee employment
16through the term of the agreement or confer upon the city
17administrator any legal remedy based on specific performance.
18Any employment agreement with a city administrator executed on
19or after a municipal election but before the first meeting in
20January the year after the municipal election shall be void.
23Section 1204-A. Residency and elective city office.
24At the time a person is appointed to fill the office of city
25administrator, the appointee need not be a resident of the city.
26After appointment, the city administrator may reside outside the
27city only with the approval of council. The city administrator
28shall not hold any elective city office.
29Section 1205-A. Powers and duties.
30(a) Powers and duties generally.--Council may, by ordinance,
1vest in the city administrator powers and duties relating to the
2general management of city business and to the enforcement of
3city ordinances and regulations. The powers and duties conferred
4upon a city administrator in accordance with this section shall
5not be construed as diminishing powers granted to other city
6officers by statute or ordinance.
1the event the city administrator fails or is unable to make
2such designation, or, if the absence or disability continues
3more than 30 days, the council may, by resolution, appoint an
4officer of the city to perform the duties of the city
5administrator during the city administrator's absence or
6disability until the city administrator is able to return to
8(5) To negotiate contracts for the city, subject to the
9approval of city council, make recommendations concerning the
10nature and location of municipal improvements and execute
11municipal improvements as determined by the city council.
12(6) To see that all terms and conditions imposed in
13favor of the city or its inhabitants in any statute,
14franchise or contract are faithfully kept and performed, and
15upon knowledge of any violation, call the same to the
16attention of the city council.
20(8) To recommend to the city council for adoption such
21measures as the administrator may deem necessary or
22expedient, keep the council advised of the financial
23condition of the city and make reports to the council as
24requested by it.
1later than the last stated meeting in November. The budget so
2submitted shall be accompanied by an enabling ordinance,
3together with such explanatory comment or statement as the
4administrator may deem desirable. The budget document shall
5be in such form as is required by law for city budgets and
6shall contain such additional documentation or explanation of
7the various items of expenditure and revenue as may be
8required by council.
11Section 95. Article XIII heading of the act is repealed:
16[Section 1301. Appointment; Compensation; Removal.--The
17council of each city shall appoint a city clerk on the first
18Monday of May, one thousand nine hundred and fifty-two, and on
19the first Monday of May every fourth year thereafter, and fix
20his compensation by ordinance. He shall serve for a term of four
21years and until his successor is duly appointed and qualified.
22Section 1302. Power to Administer Oaths; Duties.--The city
23clerk shall have the power of a notary public to administer
24oaths in any matter pertaining to the business of said city, or
25in any legal proceeding in which it is interested. He shall also
26perform such other duties as shall be prescribed for his office
27by law, ordinance or resolution of council.
6THE CITY TREASURER
9Section 1401. Qualifications.--The city treasurer shall be
10[a competent] an accountant, at least twenty-one years of age,
11and shall have been a resident of the city for at least one year
12[next prior to his] before the person's election. [He] The
13elected treasurer shall reside in the city throughout [his] the
14treasurer's term of office. Prior to being sworn in to office,
15and as a condition to qualifying for office, the elected
16treasurer shall present a signed affidavit to the city clerk
17that states the person resides in the city from which elected
18and has resided in the city continuously for at least one year
19preceding the person's election.
22Section 1402. Bond; Insurance; Salary.--[The city treasurer
23shall give lawful fidelity bond to the Commonwealth, with a
24surety company authorized by law to act as surety, to be
25approved by the city council, in such sum as it may by ordinance
26direct, conditioned for the accounting for and paying over all
27moneys received by him in his capacity as city treasurer and the
28safekeeping and payment over of all public moneys entrusted to
29his care, and that as tax collector of city, county, institution
30district, and school taxes he shall account for and pay over all
1moneys received by him as taxes, penalties and interest. The
2city treasurer shall in addition furnish adequate insurance
3protection against any and all losses of said funds through
4fire, burglary, larceny, theft, robbery or forgery. Such
5insurance shall be approved by the city council in such sum as
6it may by ordinance direct. The city treasurer and his surety
7shall be discharged from further liability on any bond as tax
8collector, as soon as all tax items contained in the duplicates
9delivered to him are either: (1) collected and paid over, or (2)
10certified to the city council for entry as liens in the office
11of the prothonotary, or as claims in the tax claim bureau, as
12the case may be, or (3) returned to the county treasurer or city
13treasurer for sale, or (4) in the case of taxes, not levied upon
14real estate, a record of those which remain uncollected is filed
15with the tax authority. The city treasurer shall be required to
16give, in addition to insurance as aforesaid, but one bond which
17shall include his duties as city treasurer and collector of
18city, county, institution district, and school taxes, and shall
19cover the full term of his office. Should any of the taxing
20districts be of the opinion at any time that the bond and
21insurance as aforesaid provided by the city treasurer is not
22sufficient in amount as to the surety and insurance thereon, the
23said taxing district may petition the court of quarter sessions
24having jurisdiction in the city to have the city treasurer
25furnish additional bond and insurance as aforesaid. Thereupon,
26the city treasurer shall furnish such additional bond and
27insurance, if any, as the said court may prescribe. The premium
28of the bond or bonds and insurance shall be paid by the city or
29shared pro rata by the taxing districts interested, as the case
30may be, according to their respective tax interests. The
1treasurer shall not in any event be required to provide bond or
2bonds and insurance in an amount in excess of the taxes to be
3collected by him. The bond or bonds and insurance provided by
4the city treasurer shall or be for the use of the city and the
5taxing districts involved. He shall, as city treasurer, receive
6a fixed annual salary, to be provided by ordinance. His
7compensation as tax collector for the city, county, institution
8district and school district shall be as provided for in the
9Local Tax Collection Law.] (a) The city treasurer shall give
10lawful fidelity bond, covering the full term of office, for the
11faithful performance of official duties, including duties as tax
12collector of city, county, institution district and school
13taxes. In addition to being subject to such other conditions as
14council may direct, the bond of the city treasurer shall be
15conditioned upon the following:
24(b) Council may require two bonds from the city treasurer:
30In lieu of the bond required for the faithful performance by the
1city treasurer of official duties other than those of tax
2collector, council may purchase insurance, provided that the
3insurance covers the same events of loss and insures the county
4against the same misconduct as the bond in compliance with this
6(c) The city treasurer and the treasurer's surety shall be
7discharged from further liability on any bond as tax collector,
8as soon as each of the tax items contained in the duplicates
9delivered to the city treasurer has been:
10(1) collected and paid over;
11(2) assigned to third party assignees;
22(e) Should any of the taxing districts be of the opinion at
23any time that the bond or insurance provided by the city
24treasurer is not sufficient in amount, the taxing district may
25petition the court of common pleas having jurisdiction in the
26city to have the city treasurer furnish additional bond and
27insurance. Thereupon, the city treasurer shall furnish
28additional bond and insurance, if any, as the court may
29prescribe. The premium on the bond or on the bonds and insurance
30shall be shared pro rata by the taxing districts interested, as
1the case may be, according to their respective tax interests
2pursuant to the act of May 25, 1945 (P.L.1050, No.394), known as
3the "Local Tax Collection Law." The treasurer shall not in any
4event be required to provide bond or bonds and insurance in an
5amount in excess of the taxes to be collected by the treasurer.
6The bond or bo