PRINTER'S NO. 1330
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
947
Session of
2017
INTRODUCED BY HUTCHINSON, EICHELBERGER, McGARRIGLE, BLAKE AND
SCHWANK, NOVEMBER 15, 2017
REFERRED TO LOCAL GOVERNMENT, NOVEMBER 15, 2017
AN ACT
Amending Titles 8 (Boroughs and Incorporated Towns) and 11
(Cities) of the Pennsylvania Consolidated Statutes, in
corporate powers, further providing for personal property;
and, in corporate powers, further providing for city property
and affairs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1201.2(a) and (b) of Title 8 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 1201.2. Personal property.
(a) Sale.--Except as provided in subsection (b), no borough
personal property may be disposed of, by sale or otherwise,
except upon approval of council by resolution. In cases when
council approves a sale of the property, council shall estimate
the fair market value of the entire lot to be disposed of. If
council estimates the fair market value to be [$1,000] $2,000 or
more, the entire lot shall be advertised for sale once in at
least one newspaper of general circulation not less than ten
days prior to the date scheduled for the opening of bids or
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public auction. The date of opening of bids or public auction
shall be announced in the advertisement, and sale of the
property advertised shall be made to the best responsible
bidder.
* * *
(b) Exception for small value sales.--Council shall, by
resolution, adopt a procedure for the sale of surplus personal
property, either individual items or lots of items, of an
estimated fair market value of less than [$1,000] $2,000. The
approval of council shall not be required for any individual
sale that shall be made in conformity to the procedure.
* * *
Section 2. Section 12402.1(c) of Title 11 is amended to
read:
§ 12402.1. City property and affairs.
* * *
(c) Sale of personal property.--
(1) No personal property of the city shall be disposed
of, by sale or otherwise, except upon approval of council by
resolution.
(2) Council shall estimate the sale value of the entire
lot to be disposed of.
(3) If council estimates the sale value to be less than
[$1,000] $2,000, council may sell the property, in whole or
in part, for the best price or prices obtainable.
(4) If council estimates the sale value to be [$1,000]
$2,000 or more, the entire lot shall be advertised for sale
in at least one newspaper of general circulation in
accordance with the provisions of section 10109 (relating to
publication of notices), and sale of the property advertised
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shall be made to the best responsible bidder.
(5) The bids shall not be opened until at least 10 days
after the newspaper advertisement is published.
(6) The provisions of this subsection shall not be
mandatory where personal property of the city is to be traded
in or exchanged for other personal property.
(7) Council may sell any personal property of the city
at auction pursuant to subsection (d) but shall observe the
same notice requirements as contained in this subsection.
* * *
Section 3. This act shall take effect in 60 days.
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