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PRINTER'S NO. 834
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
775
Session of
2015
INTRODUCED BY EICHELBERGER, HUTCHINSON, McGARRIGLE, WOZNIAK AND
BLAKE, MAY 1, 2015
REFERRED TO LOCAL GOVERNMENT, MAY 1, 2015
AN ACT
Amending Title 11 (Cities) of the Pennsylvania Consolidated
Statutes, consolidating The Third Class City Code; making
revisions concerning records of ordinances maintained by the
city clerk, bond, insurance and salary, qualifications for
office of city treasurer, committee preparation of uniform
financial report forms, observances, celebrations and
recognition, selection of appointee from certified list of
applicants and support of Pennsylvania National Guard units;
making an editorial change; and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 11 of the Pennsylvania Consolidated
Statutes is amended by adding parts to read:
PART I
PRELIMINARY PROVISIONS (Reserved)
PART II
FIRST CLASS CITIES (Reserved)
PART III
SECOND CLASS CITIES (Reserved)
PART IV
SECOND CLASS A CITIES (Reserved)
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PART V
THIRD CLASS CITIES
Chapter
101. Preliminary Provisions
102. Procedures for Incorporation
103. Change of Corporate Title
104. Creation and Division of Wards
106. City Boundaries
107. Elected Officers and Elections
108. Vacancies in Office
109. City Officers and Employees
110. Council
111. Executive Department
112. Mayor
112A. City Administrator
114. City Treasurer
115. City Engineer
116. City Solicitor
117. City Controller and Independent Auditor
118. Accounts and Finances
119. Contracts
120. Police Force
121. Fire Bureau
122. Surveys and Surface Support in Coal Mining Areas
123. Public Health
124. Corporate Powers
125. Taxation
126. Licenses and License Fees
127. Real Estate Registry
127A. Nuisance Abatement
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128. Eminent Domain
129. Streets
130. Sidewalks
131. Bridges
132. Sanitary Sewers
134. Watercourses, Flood Protection Projects and Storm Water
Systems
135. Utility Service
136. Public Buildings and Works
137. Parks, Playgrounds and Recreation Centers
141A. Uniform Construction Code, Property Maintenance Code
and Reserved Powers
142. Aeronautics
143. Pensions
144. Civil Service
144A. Veterans' Affairs
145A. Assessments for Public Improvements
146. Collection of Municipal Claims and Compromise of Claims
147. Miscellaneous Provisions
CHAPTER 101
PRELIMINARY PROVISIONS
Sec.
10101. Short title of part.
10102. Definitions.
10103. Excluded provisions.
10104. Construction of part.
10105. Constitutional construction.
10106. (Reserved).
10107. Applicability and ability.
10108. (Reserved).
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10109. Publication of notices.
§ 10101. Short title of part.
This part shall be known and may be cited as the Third Class
City Code.
§ 10102. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bill." A proposed ordinance introduced in council.
"City." A city of the third class.
"Council." A council of a city.
"Highway." A State highway of the Commonwealth.
"Home Rule Charter and Optional Plans Law." The provisions
of 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and
optional plan government) and, where applicable, the former act
of April 13, 1972 (P.L.184, No.62), known as the Home Rule
Charter and Optional Plans Law.
"Municipal authority" or "municipality authority." A body
politic and corporate created under any of the following:
(1) 53 Pa.C.S. Ch. 56 (relating to municipal
authorities).
(2) The former act of May 2, 1945 (P.L.382, No.164),
known as the Municipality Authorities Act of 1945.
(3) The former act of June 28, 1935 (P.L.463, No.191),
known as the Municipality Authorities Act of one thousand
nine hundred and thirty-five.
"Municipal Claim and Tax Lien Law." The act of May 16, 1923
(P.L.207, No.153), referred to as the Municipal Claim and Tax
Lien Law.
"Municipal corporation." A city, borough, incorporated town
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or township.
"Municipalities Planning Code." The act of July 31, 1968
(P.L.805, No.247), known as the Pennsylvania Municipalities
Planning Code.
"Municipality." A county, city, borough, incorporated town
or township.
"Newspaper of general circulation." As defined in 45 Pa.C.S.
§ 101 (relating to definitions).
"Pennsylvania Construction Code Act." The act of November
10, 1999 (P.L.491, No.45), known as the Pennsylvania
Construction Code Act.
"Pennsylvania Election Code." The act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code.
"Street." Any of the following:
(1) A street, avenue, boulevard, parkway, road, lane,
court, alley or public square within a city.
(2) A highway within a city to the extent that the city
is legally responsible for it, pursuant to agreement or by
other means.
§ 10103. Excluded provisions.
This part shall not be construed to repeal an act relating
to:
(1) The collection of municipal and tax claims by lien.
(2) The method of incurring and increasing city
indebtedness.
(3) The conduct of an election.
(4) A public school, except for the collection of a
school tax by the city treasurer.
(5) (Reserved).
(6) A constable.
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(7) The provision of municipal consent to a public
utility.
(8) A weight and measure.
(9) A validation of an election, bond, ordinance and act
of a corporate officer.
(10) A joint city and county building.
(11) A library.
(12) A highway.
(13) A joint or several authority or duty which applies
to a city and to other classes of political subdivisions by
virtue of general acts of Assembly .
§ 10104. Construction of part.
(a) Existing law.--
(1) The provisions of this part that are the same as the
provisions of existing laws are intended as a continuation of
the existing laws and not as new enact ments.
(2) The repeal under this part of a statutory provision
shall not revive a repealed or superseded statutory provision
or affect the corporate existence of an incorporated city.
(3) The provisions of this part shall not affect any of
the following:
(i) An act that was taken, a liability that was
incurred or a right that accrued or vested.
(ii) A suit or prosecution that is pending or to be
instituted to enforce a right or penalty or punish an
offense under the authority of the repealed law.
(4) Each ordinance, resolution, regulation and rule made
under a statute repealed under this part shall continue with
the same force and effect as if the statute had not been
repealed.
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(5) An individual holding an office or position under or
by virtue of a statute repealed under this part shall
continue to hold the office or position until the expiration
of the term of office, subject to the conditions and tenure
attached to the office or position prior to July 1, 1931.
(b) Powers.--A city shall possess, and council and other
city officials may execute, the corporate powers and duties as
provided in this part a nd in other laws to the extent that the
powers and duties are not repealed by this part .
§ 10105. Constitutional construction.
The provisions of this part are severable. If any provision
of this part or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this part which can be given effect without
the invalid provision or application .
§ 10106. (Reserved).
§ 10107. Applicability and ability.
(a) Applicability.--This part shall apply to:
(1) All cities which have been incorporated under or
which have accepted the provisions of the act of May 23, 1874
(P.L.230, No.152), entitled "An act dividing cities of this
State into three classes; regulating the passage of
ordinances; providing for contracts for supplies and work for
said cities; authorizing the increase of indebtedness, and
the creation of a sinking fund to redeem the same; defining
and punishing certain offenses in all of said cities; and
providing for the incorporation and government of the cities
of the third class."
(2) All cities which have been incorporated under the
provisions of the former act of May 23, 1889 (P.L.277,
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No.247), entitled "An act providing for the incorporation and
government of cities of the third class."
(3) All cities which have been incorporated under the
provisions of the former act of June 27, 1913 (P.L.568,
No.367), entitled "An act providing for the incorporation,
regulation, and government of cities of the third class;
regulating nomination and election of municipal officers
therein; and repealing, consolidating, and extending existing
laws in relation thereto ."
(4) All cities formed by the consolidation of boroughs
having voted separately to become cities in accordance with
the provisions of the former act of May 24, 1917 (P.L.262,
No.143), entitled "An act to enable two or more boroughs that
are contiguous or in close proximity to be united and to
become one city, wherever each of said boroughs shall have
hereto fore voted or shall hereafter vote to become a city of
the third class, under laws now enact ed or which may
hereafter be enact ed; and wherever each of said boroughs has
duly received or shall hereafter duly receive letters patent
constituting it a city of the third class, but where
sufficient time shall not have elapsed after the granting of
such letters patent for the holding of a municipal election;
providing for the consequences of such consolidation, the
government of such consolidated city, the payment of the
indebtedness of each of the united territories and the
enforcement of debts and claims due to and from each, and
fixing the jurisdiction over the said consolidated city in
the courts of the county in which the majority of its
inhabitants shall reside."
(5) All cities incorporated under the provisions of the
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former act of June 23, 1931 (P.L.932, No.317), known as The
Third Class City Code.
(6) All cities incorporated under the provisions of this
part .
(b) Ability.--This part shall not be construed as a
limitation on the ability of a city to do any of the following:
(1) To continue operating under the form of government
previously selected and exercising powers previously acquired
by the city in accordance with the act of July 15, 1957
(P.L.901, No.399), known as the Optional Third Class City
Charter Law.
(2) To adopt or continue utilizing a form of government
and to acquire or continue exercising powers pursuant to an
optional plan or a home rule charter which has been or may be
adopted in accordance with the Home Rule Charter and Optional
Plans Law.
§ 10108. (Reserved).
§ 10109. Publication of notices.
(a) General newspaper.--
(1) If advertisement, notice or publication is required
to be published in a newspaper under this part, the
publication must be made one time, unless the provision
requiring publication specifies other times, in at least one
newspaper of general circulation published in the city. If a
newspaper of general circulation published in the city does
not exist, publication must be made in a newspaper of general
circulation in the city.
(2) If notice is required to be published in more than
one newspaper, it must be published in at least one newspaper
of general circulation published in the city. If a newspaper
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of general circulation published in the city does not exist,
publication must be made in a newspaper of general
circulation in the city.
(b) Legal newspaper.--
(1) Except as provided under paragraph (2) and in
addition to the requirements of subsection (a), if a notice
relates to a proceeding or matter in a court, the holding of
an election for the increase of indebtedness or the issue and
sale of bonds to be financed by taxation, the notice must be
published in the legal newspaper designated by the rules of
court of the proper county for the publication of legal
notices and advertisements, unless publication is not
required by special order of court.
(2) An ordinance, auditor's statement, summary of an
auditor's statement, advertisement inviting a proposal for
public contract and for bid for material and supplies or a
list of delinquent taxpayers shall be published only in
newspapers of general circulation.
CHAPTER 102
PROCEDURES FOR INCORPORATION
Sec.
10200. Definitions.
10201. Creation of cities.
10203.1. Incorporating resolution.
10204. Resolution certification and form.
10204.1. Notice of election.
10205. Returns of election.
10206. Vote against i ncorporating as city.
10207. Letters patent and boundaries.
10208. Property of entities vested in city.
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10209. Temporary preservation and city organization.
10210. Existing liabilities, debts and claims.
§ 10200. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Incorporation resolution." A resolution to submit at a
general or municipal election a referendum question to the
registered voters of a municipal corporation.
"Municipal corporation." A borough, a township of the first
class, a township of the second class or an incorporated town.
"Referendum question." The question of whether a municipal
corporation shall become incorporated as a city of the third
class to be known as the "City of ........................."
§ 10201. Creation of cities.
A city shall be chartered as follows:
(1) A single municipal corporation having a population
of at least 10,000 according to the last preceding United
States census may be incorporated as a city in accordance
with this chapter if a majority of the registered voters in
the municipal corporation cast an affirmative vote in favor
of the referendum question.
(2) Two or more contiguous municipal corporations having
a combined population of at least 10,000 according to the
last preceding United States census may, under 53 Pa.C.S. Ch.
7 Subch. C (relating to consolidation and merger),
incorporate as a city and determine whether the newly
incorporated city shall be governed by this part and other
general laws applicable to and governing cities.
§ 10203.1. Incorporating resolution.
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(a) Governing body.--The governing body of a municipal
corporation may adopt an incorporation resolution.
(b) Petition.--If at least 200 registered voters of a
municipal corporation petition the governing body of the
municipal corporation for the adoption of an incorporation
resolution, the governing body shall adopt the incorporation
resolution.
§ 10204. Resolution certification and form.
The governing body of a municipal corporation that adopts an
incorporation resolution shall certify the incorporation
resolution to the county board of elections of each proper
county. The county board of elections shall, at the general or
municipal election in the manner required by the Pennsylvania
Election Code, submit a referendum question to the registered
voters of the municipal corporation that has certified an
incorporation resolution.
§ 10204.1. Notice of election.
Notice of the election at which registered voters of a
municipal corporation will be voting on a referendum question
shall be given by the secretary or other person designated by
the municipal corporation. The notice required under this
section shall be published once a week for four successive weeks
in a newspaper of general circulation in the municipal
corporation in which the referendum question will be submitted
to the registered voters.
§ 10205. Returns of election.
In each county in which a referendum question is submitted to
the registered voters of a municipal corporation, the county
board of elections shall return the vote cast on the referendum
question to the following:
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(1) The clerk of the court for the county.
(2) The governing body of the municipal corporation in
which registered voters voted on a referendum question.
(3) If a majority of the votes cast by the registered
voters of the municipal corporation are in favor of
incorporating as a city, the Secretary of the Commonwealth
and the Department of Community and Economic Developme nt.
§ 10206. Vote against i ncorporating as city.
If the returns of an election under section 10204.1 (relating
to notice of election) show that a majority of registered voters
in a municipal corporation voted "no" on the referendum
question , further proceedings may not occur and another election
on the referendum question may not be held in the municipal
corporation until the third ensuing general or municipal
election.
§ 10207. Letters patent and boundaries.
If the returns of an election under section 10204.1 (relating
to notice of election) show that a majority of registered voters
in a municipal corporation voted "yes" on the referendum
question, within 60 days after the election the governing body
of the municipal corporation shall furnish to the Secretary of
the Commonwealth the necessary information with respect to the
boundaries of the new city and the Governor shall issue letters
patent, under the Great Seal of the Commonwealth, reciting the
facts, defining the boundaries of the city and constituting the
city as a body corporate and politic by the name of the City
of.........................
§ 10208. Property of entities vested in city.
The property and estates of the municipal corporations which
have become a city in accordance with this chapter are severally
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and respectively vested in the corporation or body politic of
the city for the use and benefit of the citizens of the city.
§ 10209. Temporary preservation and city organization.
(a) Existing government.--The government of the municipal
corporation shall continue in full force and operation until the
first Monday of January next succeeding the municipal election
under section 10702 (relating to first elections in newly
created cities). On the first Monday of January next succeeding
the municipal election under section 10702, the officers of the
city chosen at the municipal election shall begin their terms of
service and the city government shall be organized under this
part .
(b) Service.--If, in the organization of the city government
of a newly incorporated city, an individual is appointed by
council to an office which, under this part, has a definite term
and a definite time for the election of an individual to the
office, the individual appointed shall serve only for the time
intervening between the individual's appointment and the day set
under this part for the regular election or appointment of the
officer for a full term.
§ 10210. Existing liabilities, debts and claims.
If a municipal corporation is incorporated as a city in
accordance with this part , the following shall apply:
(1) Each suit, prosecution, debt and claim shall be
transferred to the newly incorporated city.
(2) Each pending suit involving the municipal
corporation shall be under the management and control of the
newly incorporated city which shall be substituted as a party
in the suit.
(3) Each valid claim and demand existing against the
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municipal corporation shall be enforceable against the city.
(4) Each bond and floating indebtedness and the interest
on a bond and floating indebtedness existing at the time a
municipal corporation became incorporated as a city in
accordance with this part must be paid by the newly
incorporated city in a manner that taxes are uniform
throughout the territorial limits of the whole city.
CHAPTER 103
CHANGE OF CORPORATE TITLE
Sec.
10301. Resolution and petition.
10302. Hearing and decree.
10303. Recording decree.
10304. Existing rights and liabilities.
§ 10301. Resolution and petition.
Council may initiate proceedings to change the corporate
title of a city by doing all of the following:
(1) Adopting a resolution proposing to make the change
in the corporate title of a city.
(2) Presenting to the court of common pleas of the
county in which the city is located a petition, along with a
certified copy of the resolution, requesting the change in
the corporate title of the city.
§ 10302. Hearing and decree.
(a) Date and publication.--Upon presentation to the court of
the petition and resolution under section 10301 (relating to
resolution and petition), the court shall set a day for a
hearing on the question of the change in the corporate title of
the city and shall direct that notice of the hearing be
published once a week for three weeks in a newspaper of general
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circulation.
(b) Testimony.--A court shall permit a resident of the city
to give testimony at the hearing in support of or in opposition
to the change of the corporate title of the city.
(c) Order.--A court shall order a change of the corporate
title of the city in accordance with the petition and resolution
of council or dismiss the petition.
§ 10303. Recording decree.
A change in the corporate title of a city that is ordered in
accordance with section 10302(c) (relating to hearing and
decree) may not take effect until a certified copy of the decree
of court is filed in the office of the Secretary of the
Commonwealth and is recorded in the office of the recorder of
deeds of the county in which the city is located.
§ 10304. Existing rights and liabilities.
A change in the corporate title of a city shall not affect
any of the following:
(1) A liability incurred.
(2) A right accrued or vested.
(3) An obligation issued or contracted.
(4) A suit or prosecution pending or instituted to
enforce a right or penalty accrued or to punish an offense
committed prior to the change.
CHAPTER 104
CREATION AND DIVISION OF WARDS
Sec.
10401. General power of council.
10401.1. Petition of registered voters.
10402. (Reserved).
10403. Appointment of commission.
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10403.1. Expenses of commissioners.
10403.2. Report.
10404. Election.
10405. Notice of election and review of report.
10406. Election laws.
10407. Voting procedures.
10408. Change of ward lines by council.
10409. Pennsylvania Election Code.
§ 10401. General power of council.
(a) Power.--In addition to reapportionment of wards under 53
Pa.C.S. Ch. 9 (relating to municipal reapportionment) and
section 11 of Article IX of the Constitution of Pennsylvania, a
council may, with or without a petition as provided under
section 10401.1 (relating to petition of registered voters) and
subject to approval by the registered voters as provided under
section 10407 (relating to voting procedures), create a new
ward, divide a ward or detach part of a ward and attach it to
another ward, in accordance with this chapter .
(b) Registered voter requirement.--A new ward must contain
at least 300 registered voters according to the last general or
municipal election.
(c) Size.--Each ward in a city shall be numbered and
composed of compact and contiguous territory as nearly equal in
population as practicable and as officially and finally reported
in the most recent Federal decennial or special census.
§ 10401.1. Petition of registered voters.
(a) Initiation of proceedings.--Registered voters may
petition council to initiate proceedings under section 10401
(relating to general power of council) to create new wards,
divide a ward or wards or detach part of a ward and attach it to
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another ward as follows:
(1) One hundred registered voters may petition council
to create or divide a ward if:
(i) In the case of a petition proposing to create a
ward, the petitioners reside in the portion of the city
which the petition proposes to create as a ward.
(ii) In the case of a petition proposing to divide a
ward, the petitioners reside in the ward which the
petition proposes to divide.
(2) Twenty-five registered voters may petition to detach
part of one ward and attach the detached part to another ward
if the petitioners reside in the part of the ward that is
proposed to be detached.
(b) Council.--Council shall determine, by motion approved by
a majority of council and within 90 days of presentment of the
petition, whether to initiate proceedings under section 10401.
If the motion is in favor of initiating proceedings, council
shall appoint a commission in accordance with section 10403
(relating to appointment of commission).
(c) Court of common pleas.--If council has not approved a
motion within 90 days after the presentment of a petition under
sub section (a), 10 registered voters may petition the court of
common pleas and contest the existing apportionment as violating
section 10401. The proceedings before the court shall be
conducted in accordance with 53 Pa.C.S. §§ 906 (relating to
contest of reapportionment by governing body) and 907 (relating
to costs and expenses of contest).
§ 10402. (Reserved).
§ 10403. Appointment of commission.
(a) Report and recommendation.--If council initiates
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proceedings under section 10401 (relating to general power of
council), council shall appoint as commissioners five impartial
registered voters who are residents of the city to make a report
and recommendation concerning the necessity, desirability and
feasibility of proposed wards.
(b) Residency.--Except as provided under sub section (c), a
commissioner under subsection (a) may not be a resident of a
ward which will be affected by the petition.
(c) Exception.--If a city has less than four wards, a
commissioner appointed under sub section (a) must be selected
from the city at large and may be a resident of a ward which
will be affected by the petition.
§ 10403.1. Expenses of commissioners.
Council must make an appropriation for reasonable expenses
incurred by commissioners for service under this chapter . Each
commissioner shall submit for approval an itemized account of
the commissioner's expenses to the city controller .
§ 10403.2. Report.
(a) Contents.--
(1) The commissioners appointed by council under section
10403(a) (relating to appointment of commission) shall
examine the premises and prepare a report which shall include
a draft of each ward affected by the proposed creation,
division or detachment showing the following:
(i) The division or change or the lines of each ward
as affected by the separation and attachment.
(ii) The population contained within each affected
ward using figures officially and finally reported in the
most recent Federal decennial or special census.
(2) The report under paragraph (1) shall be submitted to
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council and shall include a recommendation reflecting the
decision of a majority of the commissioners concerning the
proposed creation, division or detachment of a ward.
(b) Territory.--Consistent with the standards applied in
municipal reapportionment under 53 Pa.C.S. § 903(b) (relating to
reapportionment by governing body), a report under subsection
(a) may not recommend the creation, division or detachment of a
ward unless the result of implementing the report and
recommendation would be that each ward in the city is composed
of compact and contiguous territory as nearly equal in
population as practicable as officially and finally reported in
the most recent Federal decennial or special census.
(c) Submittal.--Upon receipt of a report under subsection
(a), council shall, by motion, determine whether to submit the
question of the proposed creation, division or detachment of a
ward as provided in the report to the registered voters of the
city in accordance with section 10404 (relating to election).
§ 10404. Election.
(a) Certification.--If, based upon the report under section
10403.2 (relating to report), council decides to proceed,
council shall certify to the county board of elections the
question of the creation, division or detachment of the ward to
be submitted to the registered voters of each ward which are the
subject of the report at the general or municipal election
occurring not less than 90 days after the report was approved by
council.
(b) Ballot.--The county board of elections shall place the
question of approving the creation, division or detachment of a
ward on the ballot in each ward or parts of a ward that will be
affected by the question at the appropriate election in the
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manner provided under the Pennsylvania Election Code.
§ 10405. Notice of election and review of report.
(a) Publication.--A city must publish a notice of election
in a newspaper of general circulation at least 15 days prior to
the date that the question of approving the creation, division
or detachment of a ward is to be presented at the specified
general or municipal election.
(b) Contents.--An election notice under subsection (a) must
contain a statement of the issue to be submitted to the
registered voters at the election, including each ward or parts
of a ward to be affected and the date on which the election is
to be held. The notice shall reference the report and specify
that it is available for review and copying as a public record
under the act of February 14, 2008 (P.L.6, No.3), known as the
Right-to-Know Law.
§ 10406. Election laws.
Each matter relating to the election at which the question of
approving the creation, division or detachment of a ward or is
to be presented to the voters shall be governed by the
Pennsylvania Election Code.
§ 10407. Voting procedures.
(a) Publication.--The county board of elections must
tabulate and publish the results of the referendum in a
newspaper of general circulation within 30 days of the election.
A certified copy of the results shall be placed on record with
the minutes of council.
(b) Positive vote.--If a majority voted in favor of creating
or dividing a ward or the detachment of a part of a ward to be
attached to another ward, council shall proceed to create or
divide a ward or detach a part of a ward to be attached to
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another ward in accordance with the report and shall number the
new wards if necessary.
(c) Negative vote.--If a majority voted against creating or
dividing a ward or the detachment of a part of a ward to be
attached to another ward, further action may not be taken and a
new petition on the same question may not be resubmitted until
two years from the date of the election.
§ 10408. Change of ward lines by council.
If council determines during proceedings for the division or
creation of a ward that any of the boundaries or divisions are
uncertain, council must determine the relocation of the line to
conform as nearly as possible to the previously determined
boundary lines so that each ward in the city is composed of
compact and contiguous territory as nearly equal in population
as practicable as officially and finally reported in the most
recent Federal decennial or special census.
§ 10409. Pennsylvania Election Code.
Nothing under this chapter shall be construed as affecting
the powers and duties of the court of common pleas or the county
board of elections and restrictions on alteration of election
districts as provided under Article V of the Pennsylvania
Election Code.
CHAPTER 106
CITY BOUNDARIES
Sec.
10601. Navigable stream boundaries.
10602. Court establishment of disputed boundaries.
10603. Petition, commissioners and report.
10604. Exceptions and procedure.
10605. Pay and expenses of commissioners.
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10606. Boundary monuments.
§ 10601. Navigable stream boundaries.
If a city is bounded by the nearest margin of a navigable
stream and an opposite municipal corporation is bounded by the
nearest margin of the same stream, the boundaries of the city
shall extend to the center line of the stream. Nothing under
this section shall be construed to repeal a local or special law
providing for a different boundary.
§ 10602. Court establishment of disputed boundaries.
(a) Establishment.--If a city or a municipal corporation
contiguous to a city disputes the boundary between the city and
the municipal corporation, the court of common pleas, after
petition of the city or the contiguous municipal corporation,
may establish the disputed boundary.
(b) County boundary.--In a dispute involving the boundary of
a county, this chapter shall not supersede the application of
the the act of August 9, 1955 (P.L.323, No.130), known as The
County Code, the act of July 28, 1953 (P.L.723, No.230), known
as the Second Class County Code, or any other law applicable to
the fixing of county boundaries.
§ 10603. Petition, commissioners and report.
(a) Appointment.--After petition under section 10602(a)
(relating to court establishment of disputed boundaries), the
court shall appoint three impartial commissioners who may employ
a professional engineer or surveyor.
(b) Hearing.--After giving notice to interested parties by
publication once in at least one newspaper of general
circulation or as directed by the court, the commissioners shall
hold a hearing and view the disputed boundaries.
(c) Report.--A majority of the commissioners shall make a
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report and recommendations to the court, accompanied by a plot
or draft of the lines and boundaries proposed to be established
if the lines and boundaries cannot be fully designated by
natural lines or boundaries.
(d) Order.--After the filing of the report, it shall be
confirmed nisi, and the court may make a further order.
§ 10604. Exceptions and procedure.
(a) Filing.--An exception to the report under section
10603(c) (relating to petition, commissioners and report) may be
filed by an interested person or municipal corporation within 30
days after the filing of the report.
(b) Date and notice.--The court must set a date for the
hearing of an exception under subsection (a) and must provide
notice of the hearing.
(c) Referral or confirmation.--
(1) After completion of the hearing under subsection
(b), the court may sustain or dismiss the exceptions and
confirm the report or refer the report back to the same or
new commissioners with the authority to make another report.
(2) If no exceptions are filed within 30 days after the
filing of the report, the court must confirm the report in
its entirety.
(3) If a report is confirmed in its entirety, the court
must enter a decree establishing the lines and boundaries as
shown in the report.
§ 10605. Pay and expenses of commissioners.
Each commissioner shall receive reasonable compensation as
established by the court and reasonable expenses incurred for
surveying services, which must be paid equally by the city and
any interested municipal corporation.
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§ 10606. Boundary monuments.
If a boundary, ascert ained and established under this
chapter, cannot be fully d escribed by natural lines, the court
must enter an order requiring the boundary to be marked with
permanent monuments, placed at intervals of not more than 1,500
feet and at the end of a course. The expense of placing the
monuments, as approved by the court, shall be paid equally by
the city and any interested municipal corporation.
CHAPTER 107
ELECTED OFFICERS AND ELECTIONS
Sec.
10701. Elected officers, term, reelection and vacancy.
10702. First elections in newly created cities.
10703. Nominations and elections.
10704. Certificates of election.
§ 10701. Elected officers, term, reelection and vacancy.
(a) Elected officer and term.--
(1) Except as provided under sub section (c), the elected
officers of a city shall be a mayor, four council members, a
controller and a treasurer.
(2) Except as provided under section 10702 (relating to
first elections in newly created cities) with respect to the
first election of members of council, each elected officer
shall serve for a term of four years from the first Monday of
January next succeeding the officer's election.
(3) An officer shall be eligible for reelection.
(b) Disqualification.--A individual elected to a city office
who fails to qualify in accordance with section s 10904 (relating
to offices to be held until qualification of successors) and
10905 (relating to oath of office, violation of oath and
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penalty) and, as applicable, section 11101 (relating to
executive departments), 11201 (relating to qualifications),
11401 (relating to qualifications) or 11701 (relating to
qualifications, bond and compensation) shall be ineligible to
qualify. A vacancy shall exist in the office and a individual
shall be appointed to fill the vacancy in the manner provided
under this part.
(c) Addition of council members.--Two additional council
members may be elected to form a seven-member council comprised
of six council members and the mayor, as follows:
(1) After petition of at least 5% of the registered
voters of the city or pursuant to a resolution of council,
and approval by a majority of voters at the next municipal or
general election, two additional council members shall be
elected.
(2) The referendum petition or resolution of council
certified by the city clerk must be filed with the county
board of elections not later than the thirteenth Tuesday
before the next municipal or general election. The county
board of elections must place the question before the
electors as provided under the Pennsylvania Election Code.
The form of the question shall be as follows:
Should two additional council members be elected to serve
in this city, so that council shall be comprised of six
council members and the mayor?
Yes No
(3) The county board of elections must tabulate and
publish in a newspaper of general circulation the results of
the referendum within 30 days of the election.
(4) The question of additional council members may not
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be voted on more than once in a three-year period.
(5) The terms of a council member elected under this
subsection shall be as follows:
(i) At the first municipal election following
approval at a general election of the question providing
for the election of two additional council members, one
of the additional council members shall be elected for a
term of four years and one for a term of two years. Each
council member shall serve from the first Monday of
January after the election.
(ii) At the first general election following
approval at a municipal election of the question
providing for the election of two additional council
members, one of the additional council members shall be
elected for a term of three years and one for a term of
one year. Each council member shall serve from the first
Monday of January after the election.
(iii) After the term listed under subparagraph (i)
or (ii), each additional council member shall be elected
for a term of four years beginning service from the first
Mond ay of January after the election.
(6) I n a city divided into wards, each council member
elected under paragraph (5) shall represent the city at
large. No earlier than four years after the election adding
two additional council members, the city may change the
representation of either or both of the two additional seats
from at large to ward representation in accordance with
Chapter 104 (relating to creation and division of wards) or
any other law.
(d) Reduction of council members.--A city that has opted for
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a seven-member council may reestablish a five-member council
comprised of four council members and the mayor, as follows:
(1) In a city in which the electorate has opted for a
seven-member council, comprised of six council members and
the mayor, the city must return to a five-member council,
including the mayor, upon petition of at least 5% of the
registered voters of the city or pursuant to a resolution of
council and after approval by a majority of electors voting
at the next municipal or general election. The referendum
petition or resolution must be filed with the county board of
elections not later than the thirteenth Tuesday before the
next municipal or general election. The county board of
elections shall place the question before the electors as
provided under the Pennsylvania Election Code. The form of
the question shall be as follows:
Should this city return to a five-member council,
comprised of four council members and the mayor?
Yes No
(2) The county board of elections shall tabulate and
publish in a newspaper of general circulation the results of
the referendum within 30 days of the election. The question
of reducing the seven-member council may not be voted on more
than once in a five-year period.
(3) The following shall apply:
(i) At the first municipal election following
approval of the question providing for the return to a
five-member council, comprised of four council members
and the mayor, four council members shall be elected to
serve from the first Monday of January after the
election.
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(ii) The terms of the six council members serving on
the seven-member council shall cease on the first Monday
of January after the election under subparagraph (i).
(iii) The four candidates receiving the highest
number of votes for the office of council member shall be
elected.
(iv) The two candidates receiving the first and
second highest number of votes shall serve for a term of
four years.
(v) The two candidates receiving the third and
fourth highest number of votes shall serve for a term of
two years.
(vi) After the terms listed under subparagraphs (iv)
and (v), a council member shall serve a term provided
under sub section (a).
§ 10702. First elections in newly created cities.
(a) Election.--At the first municipal election occurring at
least 90 days after the date of the letters patent issued by the
Governor incorporating the city, the registered voters of the
city shall elect city officials as provided under section
10701(a)(1) (relating to elected officers, term, reelection and
vacancy).
(b) Highest votes.--The two candidates for council receiving
the highest number of votes at the election shall serve for a
term of four years from the first Monday of January next
succeeding the candidate's election.
(c) Next highest votes.--The two candidates for council
receiving the next highest number of votes shall serve for a
term of two years from the first Monday of January next
succeeding the election.
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§ 10703. Nominations and elections.
Each matter relating to a nomination of a candidate and
election of a city officer shall be governed by the
Pennsylvania Election Code.
§ 10704. Certificates of election.
After the election of city officers under this chapter , the
county board of elections must issue and the officer-elect must
procure a certificate of election. The officer-elect must
present the certificate of election to council on the date and
time provided under law for council's organization. The
certificate must be filed with the city archives and the
certificate's presentation must be noted in the minutes.
CHAPTER 108
VACANCIES IN OFFICE
Sec.
10801. Council and office of mayor.
10802. Controller and treasurer.
§ 10801. Council and office of mayor.
(a) Appointment.--Within 30 days of a vacancy in the office
of mayor or other member of council or if an elected mayor or
council member has failed to qualify under section 10701
(relating to elected officers, term, reelection and vacancy)
prior to taking office, council must, by a majority of council's
remaining members, appoint a qualified individual to fill the
vacant office.
(b) President judge.--If a council does not fill a vacancy
within 30 days under sub section (a) or if a vacancy exists in
the offices of at least a majority of the members of council,
including the position of mayor, the president judge of the
court of common pleas having jurisdiction within the city, must
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fill each vacancy upon either the petition of at least 10
qualified electors of the city or the petition of a majority of
the remaining members of council.
(c) Term.--A individual appointed under sub section (a) or
(b) shall serve for the lesser of the following terms:
(1) The remainder of the unexpired term of the office to
which the individual is appointed.
(2) Until the first Monday of January after the next
municipal election occurring at least 30 days after the
vacancy occurred.
(d) Unexpired term.--If necessary to fill the unexpired term
of the individual originally elected to an office that has
become vacant, an individual shall be elected at the municipal
election referred to under sub section (c)(2) to serve from the
first Monday of January after the election for the remainder of
the unexpired term.
§ 10802. Controller and treasurer.
(a) Appointment.--Within 30 days after a vacancy occurs in
the office of city controller or in the office of city treasurer
or if an elected city controller or city treasurer has failed to
qualify under section 10701 (relating to elected officers, term,
reelection and vacancy) prior to taking office, council must
appoint a qualified individual to fill the vacant office.
(b) President judge.--If a council does not fill a vacancy
within 30 days under sub section (a), the president judge of the
court of common pleas having jurisdiction within the city must
fill the vacancy upon the petition of at least 10 registered
voters of the city.
(c) Term.--An individual appointed under sub section (a) or
(b) shall serve for the lesser of the following terms:
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